Case: Mann v. Ohio Department of Rehabilitation and Corrections

2:18-cv-01565 | U.S. District Court for the Southern District of Ohio

Filed Date: Dec. 4, 2018

Closed Date: Feb. 2, 2021

Clearinghouse coding complete

Case Summary

On December 4, 2018, three men with hepatitis C virus (HCV) in the custody of the Ohio Department of Rehabilitation and Corrections (ODRC), proceeding pro se, filed a motion for class certification in the United States District Court for the Southern District of Ohio.  They sought to certify a class of ODRC prisoners who had undergone unsuccessful Interferon/Ribovirin treatment for Hepatitis C (HCV), at different stages of the disease, and were denied direct acting antiviral drugs.  Plaintiffs …

On December 4, 2018, three men with hepatitis C virus (HCV) in the custody of the Ohio Department of Rehabilitation and Corrections (ODRC), proceeding pro se, filed a motion for class certification in the United States District Court for the Southern District of Ohio.  They sought to certify a class of ODRC prisoners who had undergone unsuccessful Interferon/Ribovirin treatment for Hepatitis C (HCV), at different stages of the disease, and were denied direct acting antiviral drugs.  Plaintiffs filed their complaint on December 11, 2018 alleging deliberate indifference to serious medical needs in violation of the Eighth Amendment against the ORDC, named directors of medical care at ODRC, as well as unnamed doctors, nurses, and other healthcare providers who they alleged to be responsible for providing healthcare to prisoners across ODRC.  Plaintiffs alleged that they, and putative class members, had all been denied proper treatment for their HCV, because ODRC only provided direct acting antiviral treatment to individuals with severe, late stage HCV marked by an APRI of over 1.5.  Plaintiffs sought declaratory relief, injunctive relief requiring defendants to adhere to the proper standard of HCV care, and compensatory damages no less than fifty million dollars. The case was initially assigned to Magistrate Judge Elizabeth Preston Deavers and Judge George C. Smith. 

Plaintiffs filed a motion for appointment of counsel on December 4, 2018, but the court denied their request on June 26, 2019.  The state of Ohio as an interested party filed a motion to dismiss for failure to state a claim on February 20, 2019. The named defendants then filed their own motion to dismiss for failure to state a claim on March 6, 2019. In response, on April 3, 2019 the court issued the plaintiffs an order to show cause by April 24, 2019 as to why their action should not be dismissed regarding two named defendants, ODRC's Chief Medical Officer and Director. Two days later, the court vacated the order as to ODRC's Director, who then filed her own motion to dismiss on April 29, 2019. On June 17, 2019, ODRC's Chief Medical Officer also filed a separate motion to dismiss. 

On June 26, 2019, Magistrate Judge Deavers issued a report and recommendation recommending granting in part and denying in part Ohio's motion to dismiss; in particular, granting with respect to ODRC, but denying as to the other named defendants. The court also recommended that plaintiffs' motion to appoint class counsel be denied without prejudice to refiling. Defendants objected on July 7, 2019. They argued that the motion to dismiss should be granted as to the named defendant employees of ODRC and that, because they had provided proper HCV treatment to plaintiffs, the case should be dismissed. On July 24, 2019, Judge Smith sustained objections filed by the defendants and granted the named employees' motion to dismiss for failing to properly allege employer liability. Judge Smith adopted the remaining recommendations from Magistrate Judge Deavers's report and recommendation in full.

On August 26, 2019, Magistrate Judge Deavers issued a report and recommendation granting the motions to dismiss filed by the ODRC Chief Medical Officer and Director. Judge Smith adopted Judge Preston Deavers's report and recommendation a month later on September 26, 2019, entering final judgment in favor of defendants and ordering the case closed. 

Plaintiffs appealed to the U.S. Court of Appeals for the Sixth Circuit on October 24, 2019. On appeal, plaintiffs were represented by the ACLU of Ohio.  They raised two issues on appeal. First, that the District Court improperly dismissed their Eighth Amendment claims against ODRC because plaintiffs' sufficiently demonstrated deliberate indifference to their serous medical needs. And second, that the district court erred in dismissing plaintiffs' Eighth Amendment claims against the named employees of ODRC on a theory of employer liability. A year later on August 3, 2020, the Sixth Circuit remanded the case to the District Court to determine factual issues that had arisen since plaintiffs had appealed their judgment in October 2019. 814 Fed. App'x 134.  The Sixth Circuit directed the District Court to consider: (1) whether the plaintiffs request for injunctive relief was moot because each named plaintiff had received at least some of the medication they requested; (2) a newly raised qualified immunity defense; and (3) whether ODRC's updated HCV treatment policy otherwise altered the landscape of the litigation. 

After minimal proceedings on remand, upon which the case was reassigned to Judge Edmund A. Sargus, the parties entered a stipulation of dismissal on February 2, 2021.  As of October 2022, all litigation in the case appears to have ended.

Summary Authors

Elena Meth (10/10/2022)

Documents in the Clearinghouse

Document
6

2:18-cv-01565

Complaint

Dec. 11, 2018

Dec. 11, 2018

Complaint
45

2:18-cv-01565

Report and Recommendations

June 26, 2019

June 26, 2019

Magistrate Report/Recommendation
52

2:18-cv-01565

Order Adopting Report and Recommendations

July 24, 2019

July 24, 2019

Order/Opinion
56

2:18-cv-01565

Report and Recommendations

Aug. 26, 2019

Aug. 26, 2019

Magistrate Report/Recommendation
58

2:18-cv-01565

Order Adopting Report and Recommendations

Sept. 26, 2019

Sept. 26, 2019

Order/Opinion

19-4060

Opinion

U. S. Court of Appeals for the Sixth Circuit

Aug. 3, 2020

Aug. 3, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8392368/mann-v-ohio-department-of-rehabilitation-and-corrections/

Last updated Dec. 24, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

MOTION for Leave to Proceed in forma pauperis by Plaintiff Jeffrey D. Mann. (The Office of the Clerk is in possession of all necessary service documents) (er) (Entered: 12/05/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
2

MOTION for Leave to Proceed in forma pauperis by Plaintiff John T. Bragg. (The Office of the Clerk is in possession of all necessary service documents) (er) (Entered: 12/05/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
3

MOTION for Leave to Proceed in forma pauperis by Plaintiff Eric Pastrano. (The Office of the Clerk is in possession of all necessary service documents) (Attachments: # 1 Civil Cover Sheet, # 2 Complaint, # 3 Appendix List of Exhibits, # 4 Complaint- Ex A, # 5 Complaint- Ex B, # 6 Complaint- Ex C, # 7 Complaint- Ex D, # 8 Complaint- Ex E, # 9 Complaint- Ex F, # 10 Complaint- Ex G, # 11 Complaint- Ex H, # 12 Complaint- Ex I, # 13 Complaint- Ex J, # 14 Complaint- Ex K, # 15 Complaint- Ex L, # 16 Complaint- Ex M, # 17 Complaint- Ex N, # 18 Complaint- Ex O, # 19 Complaint- Ex P, # 20 Complaint- Ex Q, # 21 Complaint- Ex R-T) (er) (Entered: 12/05/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
4

MOTION to Appoint Counsel by Plaintiffs John T. Bragg, Jeffrey D. Mann & Eric Pastrano. (Attachments: # 1 Envelope) (er) (Entered: 12/05/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
5

MOTION to Certify Class by Plaintiffs John T. Bragg, Jeffrey D. Mann, Eric Pastrano. (Attachments: # 1 Envelope) (er) (Entered: 12/05/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
6

COMPLAINT with JURY DEMAND against All Defendants, filed by John T. Bragg, Jeffrey D. Mann. (jlk) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

Clearinghouse
7

ORDER granting 1 Motion for Leave to Proceed in forma pauperis ; granting 2 Motion for Leave to Proceed in forma pauperis ; granting 3 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Elizabeth Preston Deavers on December 11, 2018. (jlk) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
8

MOTION for Order for the Cashier at the Grafton Correctional Institution to Comply with the Court's 12/11/18 Order filed by Plaintiffs John T. Bragg, Jeffrey D. Mann and Eric Pastrano. (Attachments: # 1 envelope) (sem) (Entered: 12/31/2018)

Dec. 31, 2018

Dec. 31, 2018

PACER
9

ORDER - re 8 Motion for Miscellaneous Relief filed by John T. Bragg, Jeffrey D. Mann, Eric Pastrano. Plaintiffs are jointly required to pay the full amount of the Courts $350 filing fee, or $116.66 each. Signed by Magistrate Judge Elizabeth Preston Deavers on 1/2/2019. (jlk) (This document has been sent by regular mail to each Plaintiff, the prison cashier's office and forwarded to the Court's financial office in Columbus as directed.) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
10

NOTICE of Request to Waiver Service to All Defendants by Plaintiff Jeffrey D. Mann. (Attachments: # 1 Envelope) (er) (Entered: 01/08/2019)

Jan. 4, 2019

Jan. 4, 2019

PACER
11

Exhibit to 10 NOTICE of Request to Waiver Service to All Defendants. (Attachments: # 1 Envelope) (er) Modified text on 2/26/2019 (jlk). (Entered: 01/08/2019)

Jan. 4, 2019

Jan. 4, 2019

PACER
12

MOTION to Correct Docket and Order Service to All Defendants by Plaintiffs John T. Bragg, Jeffrey D. Mann, Eric Pastrano. (Attachments: # 1 Envelope) (er) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
13

Summons Issued as to Janice Douglas, Andrew Eddy, David Hannah, Gary Mohr, Ohio Department of Rehabilitation and Corrections & Mona Parks. (er) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER
14

NOTICE of Appearance by Mindy Ann Worly for Interested Party State of Ohio (Worly, Mindy) (Entered: 02/20/2019)

Feb. 20, 2019

Feb. 20, 2019

PACER
15

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Interested Party State of Ohio. (Worly, Mindy) (Entered: 02/20/2019)

Feb. 20, 2019

Feb. 20, 2019

PACER
17

SUMMONS Returned Executed as to Defendants Andrew Eddy, Gary Mohr, Ohio Department of Rehabilitation and Corrections and Mona Parks. Defendants served on 2/15/2019, answer due 3/8/2019. (er) (Entered: 02/27/2019)

Feb. 20, 2019

Feb. 20, 2019

PACER
18

SUMMONS Returned Executed as to Defendants Janice Douglas and David Hannah. Defendants served on 2/15/2019, answer due 3/8/2019. (er) (Entered: 02/27/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
19

Summons Returned Unexecuted as to Gary Mohr. (*An earlier entry, doc 17, shows this as being returned executed. It is apparent from the letter that the facility accepted the envelope in error and has returned all material in the envelope to the Marshal service.) (er) (Entered: 02/27/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
16

ORDER granting in part and denying in part 12 Motion to Correct Docket and Order Service to All Defendants. Plaintiffs' request that the Court order service to all Defendants is DENIED AS MOOT. Signed by Magistrate Judge Elizabeth Preston Deavers on February 26, 2019. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 02/26/2019)

Feb. 26, 2019

Feb. 26, 2019

PACER
20

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Janice Douglas, Andrew Eddy, David Hannah, Ohio Department of Rehabilitation and Corrections. (Worly, Mindy) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

PACER
21

MOTION for Extension of Time to File Response/Reply as to 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 4/5/2019. by Plaintiffs John T. Bragg, Jeffrey D. Mann, Eric Pastrano. (Attachments: # 1 Env.) (jlk) Modified relationship and text on 3/7/2019 (jlk). (Entered: 03/07/2019)

March 6, 2019

March 6, 2019

PACER
22

ORDER granting 21 Motion for Extension of Time to File Response/Reply. The Motion is GRANTED. Plaintiffs' shall have until APRIL 9, 2019 to respond to Interested Party State of Ohio's Motion to Dismiss 15 . Signed by Magistrate Judge Elizabeth Preston Deavers on March 8, 2019. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 03/08/2019)

March 8, 2019

March 8, 2019

PACER
23

NOTICE of service accepted in error re Mona Parks 17 Summons Returned Executed. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 03/12/2019)

March 12, 2019

March 12, 2019

PACER
24

NOTICE of Substitution of Parties by Plaintiffs John T. Bragg, Jeffrey D. Mann & Eric Pastrano. (Attachments: # 1 Envelope) (er) (Entered: 03/14/2019)

March 13, 2019

March 13, 2019

PACER
25

RESPONSE in Opposition to 15 and 20 MOTION TO DISMISS . (Attachment: # 1 Env.) (jlk) (Entered: 04/01/2019)

April 1, 2019

April 1, 2019

PACER
26

REPLY to Response to Motion re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Janice Douglas, Andrew Eddy, Ohio Department of Rehabilitation and Corrections. (Worly, Mindy) (Entered: 04/02/2019)

April 2, 2019

April 2, 2019

PACER
28

REQUEST for Issuance of Summons for Annette Chambers-Smith, ODRC Director. (jlk) (Entered: 04/05/2019)

April 2, 2019

April 2, 2019

PACER
27

ORDER TO SHOW CAUSE: Plaintiffs are ORDERED TO SHOW CAUSE BY APRIL 24, 2019 why the action should not be dismissed as to Defendants Annette Chambers-Smith and Mona Parks and why an extension of time to effect service should be allowed. The good cause showing must be supported with sworn affidavits. Signed by Magistrate Judge Elizabeth Preston Deavers on April 3, 2019. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (jlk). (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

PACER
29

ORDER - The Order to Show Cause 27 is VACATED AS TO DEFENDANT ANNETTE CHAMBERS-SMITH. The Order to Show Cause remains pending as to Defendant Mona Parks. Accordingly, Plaintiffs are still ORDERED TO SHOW CAUSE BY APRIL 24, 2019 why the action should not be dismissed as to Defendant Mona Parks and why an extension of time to effect service should be allowed. Signed by Magistrate Judge Elizabeth Preston Deavers on April 5, 2019. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 04/05/2019)

April 5, 2019

April 5, 2019

PACER
30

Summons Issued as to Annette Chambers-Smith. (jlk) (Entered: 04/08/2019)

April 8, 2019

April 8, 2019

PACER
31

MOTION for Leave to File Sur-Reply by Plaintiffs John T. Bragg, Jeffrey D. Mann, Eric Pastrano. (Attachments: # 1 Sur-Reply, # 2 Envelope) (er) (Entered: 04/14/2019)

April 12, 2019

April 12, 2019

PACER
32

ORDER granting 31 Motion for Leave to File Sur-Reply. Signed by Magistrate Judge Elizabeth Preston Deavers on April 16, 2019. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER
33

Sur-Reply re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs John T. Bragg, Jeffrey D. Mann, Eric Pastrano. (jlk) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER
34

RESPONSE TO ORDER TO SHOW CAUSE by Plaintiffs John T. Bragg, Jeffrey D. Mann, Eric Pastrano. (Attachments: # 1 Envelope) (er) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
35

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Annette Chambers-Smith. (Worly, Mindy) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

PACER
36

NOTICE of Service by Plaintiff Jeffrey D. Mann. (Included with the notice was summons to be issued on Mona Parks, USM form, and complaint.) (Attachments: # 1 Envelope) (er) (Entered: 05/09/2019)

May 8, 2019

May 8, 2019

PACER
37

Summons Issued as to Mona Parks. (er) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

PACER
38

RESPONSE in Opposition re 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs John T. Bragg & Jeffrey D. Mann (Attachments: # 1 Envelope) (kk) (Entered: 06/03/2019)

May 31, 2019

May 31, 2019

PACER
39

SUMMONS Returned Executed: Mona Parks served on 5/25/2019, answer due 6/17/2019 (Attachments: # 1 Certified Mail Receipt Return) (kk) (Entered: 06/10/2019)

June 7, 2019

June 7, 2019

PACER
40

MOTION for Extension of Time to File Response/Reply as to 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Annette Chambers-Smith, Janice Douglas, Andrew Eddy, Ohio Department of Rehabilitation and Corrections. New date requested 6/28/2019 (Worly, Mindy) Modified on 6/14/2019 to correct text & document link (kk2) Modified on 6/14/2019 (kk2). (Entered: 06/13/2019)

June 13, 2019

June 13, 2019

PACER
41

ORDER granting 40 Motion for Extension of Time to File Response/Reply re 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Replies due by 6/28/2019. Signed by Magistrate Judge Elizabeth Preston Deavers on June 14, 2019. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

PACER
42

MOTION for Extension of Time to File Answer or Otherwise Respond on Behalf of Mona Parks re 6 Complaint by Defendant Mona Parks. New date requested 7/8/2019. (Worly, Mindy) Modified on 6/17/2019 to correct text, document link, and filing party (kk2) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

PACER
43

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Mona Parks. (Worly, Mindy) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER
44

ORDER finding as moot 42 Motion for Extension of Time to Answer. Signed by Magistrate Judge Elizabeth Preston Deavers on June 17, 2019. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER
45

REPORT AND RECOMMENDATION: It is RECOMMENDED that 15 Motion to Dismiss and 20 Defendants' Motion to Dismiss be GRANTED IN PART AND DENIED IN PART. Specifically, the Motions to Dismiss (ECF Nos. 15 & 20) be GRANTED with respect to Defendant ODRC, but DENIED on all other grounds. Furthermore, it is RECOMMENDED that Plaintiffs' Motion to Appoint Class Counsel 4 and Plaintiffs' Motion to Certify Claims as a Class Action 5 be DENIED WITHOUT PREJUDICE so that Plaintiffs may re-file the two Motions once the Court has completed itsconsideration of the remaining Motions to Dismiss. Objections to R&R due by 7/10/2019. Signed by Magistrate Judge Elizabeth Preston Deavers on June 26, 2019. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/26/2019)

June 26, 2019

June 26, 2019

Clearinghouse
46

RESPONSE in Opposition to 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or MOTION to Strike 43 MOTION TO DISMISS by Plaintiff Jeffrey D. Mann. (Attachments: # 1 Envelope) (er) (Entered: 06/27/2019)

June 26, 2019

June 26, 2019

PACER
47

REPLY to Response to Motion re 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Annette Chambers-Smith, Janice Douglas, Andrew Eddy, Grafton Corr. Inst. Health Care Administrator, Ohio Department of Rehabilitation and Corrections, Mona Parks. (Worly, Mindy) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER
48

SUMMONS Returned Executed: Annette Chambers-Smith served on 6/17/2019, answer due 7/8/2019. (er) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER
49

REPLY to 46 Response to Motion re 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ON BEHALF OF MONA PARKS filed by Defendant Mona Parks. (Worly, Mindy) Modified to add additional linkage to Document 46 on 7/8/2019 (mdr). (Entered: 07/07/2019)

July 7, 2019

July 7, 2019

PACER
50

OBJECTION to 45 Report and Recommendations by Defendants Annette Chambers-Smith, Janice Douglas, Andrew Eddy, Grafton Corr. Inst. Health Care Administrator, Ohio Department of Rehabilitation and Corrections, Mona Parks. (Worly, Mindy) (Entered: 07/07/2019)

July 7, 2019

July 7, 2019

RECAP
51

Response to 50 Objection to Report and Recommendations by Plaintiffs John T. Bragg, Jeffrey D. Mann and Eric Pastrano. (Attachments: # 1 Envelope) (er) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
52

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 45 ) Defendants' Objections are hereby SUSTAINED. The remaining issues addressed in the Report and Recommendation, and not the subject of Defendants' Objections are hereby ADOPTED and AFFIRMED. Interested Party, the State of Ohio, and Defendants' Motions to Dismiss is hereby GRANTED. Plaintiffs' Motion to Appoint Class Counsel (Doc. 4 ) and Plaintiffs' Motion to Certify Claims as a Class Action (Doc. 5 ) are DENIED WITHOUT PREJUDICE. Judgment shall be entered in favor of the moving Defendants, the State of Ohio, Ohio Department of Rehabilitation and Correction, Andrew Eddy, David Hannah, and Janice Douglas. Signed by Judge George C. Smith on 07/24/2019. (mdr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 07/25/2019)

July 24, 2019

July 24, 2019

Clearinghouse
53

JUDGMENT entered pursuant to the order signed by Judge George C. Smith on 07/24/2019. (mdr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

PACER
54

MOTION for Relief from Judgment by Plaintiffs John T. Bragg, Jeffrey D. Mann and Eric Pastrano. (Attachments: # 1 Envelope) (er) (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER
55

RESPONSE to Motion re 54 MOTION for Relief from Judgment filed by Defendants Janice Douglas, Andrew Eddy, David Hannah. (Worly, Mindy) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER
56

REPORT AND RECOMMENDATIONS that 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM be granted, 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM be granted, and 46 MOTION to Strike be denied. Objections to R&R due by 9/9/2019. Signed by Magistrate Judge Elizabeth Preston Deavers on 8/26/2019. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification) (Entered: 08/26/2019)

Aug. 26, 2019

Aug. 26, 2019

Clearinghouse
57

OBJECTION to 56 Report and Recommendation by Plaintiffs John T. Bragg, Jeffrey D. Mann, Eric Pastrano. (mdr) (Entered: 09/18/2019)

Sept. 17, 2019

Sept. 17, 2019

PACER
58

ORDER ADOPTING and AFFIRMING the 56 REPORT AND RECOMMENDATION and DENYING 46 Motion to Strike filed by Jeffrey D. Mann and GRANTING 35 Motion to Dismiss for Failure to State a Claim filed by Annette Chambers-Smith, and DENYING 54 Motion for Miscellaneous Relief filed by John T. Bragg, Jeffrey D. Mann, Eric Pastrano and GRANTING 43 Motion to Dismiss for Failure to State a Claim filed by Mona Parks. Additionally Plaintiffs' Objections are hereby OVERRULED. Signed by Judge George C. Smith on 09/25/2019. (mdr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

Clearinghouse
59

JUDGMENT entered pursuant to the Order signed by Judge George C. Smith on 09/25/2019. (mdr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
60

NOTICE OF APPEAL re 58 Order Adopting Report and Recommendations,, (FILING FEE DUE) by Plaintiffs John T. Bragg, Jeffrey D. Mann, Eric Pastrano. (mdr) (Entered: 10/24/2019)

Oct. 24, 2019

Oct. 24, 2019

RECAP
61

USCA Case Number 19-4060 for 60 Notice of Appeal filed by John T. Bragg, Jeffrey D. Mann, Eric Pastrano; case manager Bryant L. Crutcher, 513-564-7013. (er) (Entered: 10/30/2019)

Oct. 29, 2019

Oct. 29, 2019

PACER
62

NOTICE of Deficiency re 60 Notice of Appeal from USCA filed by John T. Bragg, Jeffrey D. Mann, Eric Pastrano. USCA Case Number 19-4060. (Attachments: # 1 Letter from Court of Appeals, # 2 Blank IFP form) (er) (Entered: 10/30/2019)

Oct. 30, 2019

Oct. 30, 2019

PACER

Set/Reset Deadlines: Deficiency Deadline (IFP for Appeal or $505 fee) by 12/2/2019. (er)

Oct. 30, 2019

Oct. 30, 2019

PACER

Set/Reset Deadlines

Oct. 30, 2019

Oct. 30, 2019

PACER

USCA Appeal Fees received $ 505 receipt number 200COL059591 re 60 Notice of Appeal filed by John T. Bragg, Jeffrey D. Mann, Eric Pastrano. (er)

Nov. 19, 2019

Nov. 19, 2019

PACER

USCA Appeal Fees

Nov. 19, 2019

Nov. 19, 2019

PACER
63

ORDER of USCA as to 60 Notice of Appeal: This appeal is remanded to the District Court to address the following issues: 1)to determine whether the plaintiffs request for injunctive relief is moot, 2)to determine whether qualified immunity bars their money-damages claims and 3)to determine whether the new prison policy otherwise alters the landscape of this litigation. Note: Mandate to issue. (er) (Entered: 08/04/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
64

ORDER REASSIGNING CASE to Judge Edmund A. Sargus for all further proceedings. Signed by Chief Judge Algenon L. Marbley on 4/16/2020. (er)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
65

MANDATE of USCA Pursuant to the court's disposition that was filed 08/03/2020 the mandate for this case hereby issues today 8/26/20 as to 60 Notice of Appeal filed by John T. Bragg, Jeffrey D. Mann, Eric Pastrano (pb) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
66

ORDER - The Court establishes the following schedule in accordance with Federal Rule of Civil Procedure 16(b): Discovery due by 2/15/2021. Dispositive motions due by 5/14/2021. Signed by Magistrate Judge Elizabeth Preston Deavers on September 1, 2020. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

RECAP
67

NOTICE of Hearing: Telephone Status Conference set for 9/9/2020 at 02:30 PM via Teleconference before Judge Edmund A. Sargus. (cmw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
68

Telephone Status Conference set for 9/9/2020 at 02:30 PM via Teleconference before Judge Edmund A. Sargus is VACATED. (cmw) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER

Notice (Other)

Sept. 9, 2020

Sept. 9, 2020

PACER
69

NOTICE of Appearance by Thomas E Madden for Defendants Annette Chambers-Smith, Grafton Corr. Inst. Health Care Administrator, Mona Parks (Madden, Thomas) (Entered: 11/24/2020)

Nov. 24, 2020

Nov. 24, 2020

PACER
70

NOTICE of Appearance by David J. Carey for Plaintiffs John T. Bragg, Jeffrey D. Mann, Eric Pastrano (Carey, David) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

PACER
71

STIPULATION of Dismissal by Plaintiffs John T. Bragg, Jeffrey D. Mann, Eric Pastrano. (Carey, David) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

RECAP

Case Details

State / Territory: Ohio

Case Type(s):

Prison Conditions

Special Collection(s):

Hepatitis C Treatment in Jails and Prisons

Key Dates

Filing Date: Dec. 4, 2018

Closing Date: Feb. 2, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

3 people with Hepatitis C in the custody of the Ohio Department of Rehabilitation and Corrections, seeking to represent a putative class of all such persons who have undergone unsuccessful Interferon/Ribovirin treatment for Hepatitis C and seek direct acting antiviral treatment

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Ohio Department of Rehabilitation and Corrections (Lorain), State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Available Documents:

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Unknown

Nature of Relief:

None

Source of Relief:

None

Issues

Medical/Mental Health:

Hepatitis