Case: Bernier v. Allen

1:16-cv-00828 | U.S. District Court for the District of Columbia

Filed Date: May 3, 2016

Closed Date: Sept. 6, 2022

Clearinghouse coding complete

Case Summary

Plaintiff, proceeding pro se, filed this lawsuit on May 3, 2016 against the United States and the Federal Bureau of Prisons (FBOP), the medical director of the FBOP, and Gilead Sciences in the U.S. District Court for the District of Columbia.  He brought claims under Bivens, challenging the delayed treatment of his chronic Hepatitis C Virus (HCV) -- and FBOP's related policies for determining DAA eligibility and priority -- as a violation of the Eighth Amendment. Plaintiff further alleged that …

Plaintiff, proceeding pro se, filed this lawsuit on May 3, 2016 against the United States and the Federal Bureau of Prisons (FBOP), the medical director of the FBOP, and Gilead Sciences in the U.S. District Court for the District of Columbia.  He brought claims under Bivens, challenging the delayed treatment of his chronic Hepatitis C Virus (HCV) -- and FBOP's related policies for determining DAA eligibility and priority -- as a violation of the Eighth Amendment. Plaintiff further alleged that Gilead, the manufacturer of the DAA treatment he sought, unlawfully discriminated against him on the basis of his race and age in denying his HCV treatment. Plaintiff also brought claims related to alleged overcrowding. He sought injunctive relief, including DAA treatment, as well as punitive and compensatory damages.  The case was assigned to Judge Amit P. Mehta.

Plaintiff filed a motion for a preliminary injunction on June 27, 2016. The Court denied that motion on August 24, 2016, reasoning that plaintiff did not have a high likelihood of success on his claims. Plaintiff filed a notice of appeal on September 26, 2016. During this time, defendants filed two motions to dismiss against both of plaintiff's claims - one on behalf of the FBOP and one by Gilead, the manufacturer of the DAA treatment plaintiff requested. On March 17, 2017, the Court granted in part and denied in part the motions. The Court permitted plaintiff's HCV treatment claim seeking injunctive relief to proceed against FBOP, but dismissed his crowding claim as lacking merit, and the money damages claims related to HCV treatment on qualified immunity grounds. Additionally, the Court granted Gilead's motion to dismiss in full. The Court also appointed pro bono counsel to plaintiff for his remaining claims. 242 F.Supp.3d 31. 

Thereafter, the FBOP amended its HCV treatment guidelines, after which plaintiff became eligible for and began receiving DAA treatment. Defendants filed another motion to dismiss on May 25, 2017 on the grounds that because plaintiff was receiving DAA treatment, his claim for injunctive relief was moot. At the same time, plaintiff filed a motion for reconsideration of his dismissed claims. On March 8, 2018 the Court granted defendant's motion to dismiss the claim for injunctive relief, finding it moot. In the same opinion, however, the Court partially vacated its prior ruling dismissing the remaining claims. It reasoned that, as to the claim for money damages against the FBOP medical director in his individual capacity, the court might have misconstrued the qualified immunity analysis. In particular, it had framed the right at issue as only whether the decision to deny DAA treatment based on APRI score violated clearly violated the Eighth Amendment, rather than (properly) considering whether it was clearly established that plaintiff had a right to adequate medical care, and to be free from deliberate indifference to serious medical needs. Noting that the prior complaint had not properly been served, however, the court dismissed the claim without prejudice to refiling upon proper service.  299 F.Supp.3d 150.  

On June 4, 2018, plaintiff filed an amended complaint against the FBOP medical director. The medical director filed a motion to dismiss the complaint on October 24, 2018. The Court granted the director's motion on August 22, 2019, concluding that plaintiff still had not provided adequate grounds to find that denying HCV treatment constituted deliberate indifference in violation of the Eighth Amendment. It cited the rapidly changing medical landscape and equivocal medical guidance as undermining plaintiff's claim that he had an absolute right to treatment. 2019 WL 11320973. Plaintiff asked the Court to clarify whether the dismissal was with or without prejudice, and on July 20, 2020 the Court clarified that the dismissal was without prejudice and noted that plaintiff's proposed second amended complaint alleged facts that plausibly established a clear violation of the Eighth Amendment sufficient to overcome qualified immunity, namely that FBOP policy prioritizing people for treatment was grounded in cost, and not medical considerations, and that the medical director had knowingly disregarded plaintiff's cirrhosis in denying treatment.  

On July 20, 2020 plaintiff formally filed his second amended complaint against the medical director. The medical director again responded with a motion to dismiss and motion for summary judgment, on September 25, 2020, which the court denied on February 8, 2021, citing the reasoning in its July 20, 2020 decision. 2021 WL 1396375. Defendant filed an interlocutory appeal in the U.S. Court of Appeals for the D.C. Circuit on April 8, 2021. The district court stayed the case pending appeal on April 23, 2021.  On July 5, 2022, the appellate court reversed the district court's denial of qualified immunity.  The court reasoned that because plaintiff was treated and successfully cured of HCV, his argument that he should have received treatment earlier, and thus was entitled to damages from the medical director, was insufficient to establish an Eighth Amendment violation.  38 F.4th 1145.  Accordingly, on September 6, 2022, the District Court dismissed and closed the case.  

Summary Authors

Elena Meth (3/21/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4498234/parties/bernier-v-allen/


Judge(s)
Attorney for Plaintiff

ANANIA, MARK H. (District of Columbia)

Barbee, Jonathan E. (District of Columbia)

Bassett, David B. (District of Columbia)

BATON, WILLIAM C. (District of Columbia)

Attorney for Defendant

Adebonojo, Kenneth A. (District of Columbia)

Judge(s)

Mehta, Amit Priyavadan (District of Columbia)

Attorney for Plaintiff

ANANIA, MARK H. (District of Columbia)

Barbee, Jonathan E. (District of Columbia)

Bassett, David B. (District of Columbia)

BATON, WILLIAM C. (District of Columbia)

Borello, Christopher (District of Columbia)

BRADISH, KATHLEEN W. (District of Columbia)

BRANNON, LEAH O. (District of Columbia)

CARY, GEORGE S. (District of Columbia)

CRITCHLEY, JENNIFER C. (District of Columbia)

Duh, Christine E. (District of Columbia)

ESOY-MIZZO, CHERYLYN (District of Columbia)

Ferrera, Vinita (District of Columbia)

FLAHERTY, JOHN EDMUND (District of Columbia)

Gallagher, Richard W. (District of Columbia)

Howard, Theodore A. (District of Columbia)

James, Colleen Tracy (District of Columbia)

JR., ROBERT E. (District of Columbia)

Kennedy, E. Ryan (District of Columbia)

LAZERWITZ, MICHAEL (District of Columbia)

LIZZA, CHARLES MICHAEL (District of Columbia)

Manspeizer, David A. (District of Columbia)

McMurry, Scott A. (District of Columbia)

MERCADANTE, TARA LYNN (District of Columbia)

Muir, Ryann M. (District of Columbia)

OFOSU-ANTWI, ELEONORE (District of Columbia)

O'SHAUGHNESSY, WILLIAM J. (District of Columbia)

REDWINE, SYMONE J. (District of Columbia)

RODRIGUE, CARISSA L. (District of Columbia)

Saxton, Kate (District of Columbia)

SELIGMANN, READE WILLIAM (District of Columbia)

SHORT, JONATHAN M.H. (District of Columbia)

Simmerman, Frank E. (District of Columbia)

SINGH, RUKHSANAH L. (District of Columbia)

SLAVIN, ELINA (District of Columbia)

SULLIVAN, SARAH ANN (District of Columbia)

Taylor, Chad L (District of Columbia)

WALSH, LIZA M. (District of Columbia)

Weiner, Robert Neil (District of Columbia)

WOLFE, LORI ANN (District of Columbia)

show all people

Documents in the Clearinghouse

Document
1

1:16-cv-00828

Complaint

May 3, 2016

May 3, 2016

Complaint
27

1:16-cv-00828

Memorandum Opinion and Order

Bernier v. Obama

Aug. 24, 2016

Aug. 24, 2016

Order/Opinion

201 F.Supp.3d 201

44

1:16-cv-00828

Memorandum Opinion and Order

Bernier v. Trump

March 17, 2017

March 17, 2017

Order/Opinion

242 F.Supp.3d 242

64

1:16-cv-00828

Memorandum Opinion and Order

Bernier v. Trump

March 8, 2018

March 8, 2018

Order/Opinion

299 F.Supp.3d 299

88

1:16-cv-00828

Memorandum Opinion

Aug. 22, 2019

Aug. 22, 2019

Order/Opinion

2019 WL 2019

95

1:16-cv-00828

Memorandum Opinion and Order

July 20, 2020

July 20, 2020

Order/Opinion

2020 WL 2020

96

1:16-cv-00828

Plaintiff's Second Amended Complaint

July 20, 2020

July 20, 2020

Complaint
1208434549

21-05083

Opinion

U.S. Court of Appeals for the District of Columbia Circuit

July 5, 2022

July 5, 2022

Order/Opinion

38 F.4th 38

1953367

21-05083

Opinion

U.S. Court of Appeals for the District of Columbia Circuit

July 5, 2022

July 5, 2022

Order/Opinion

38 F.4th 38

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4498234/bernier-v-allen/

Last updated March 10, 2024, 4:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against JEFF ALLEN, ANGELA P. DUNBAR, GILEAD SCIENCES, INC., BRADLEY T. GROSS, LORETTA LYNCH, BARACK HUSSEIN OBAMA, CHARLES E. SAMUELS (Filing fee $ 0.00) with Jury Demand filed by JEAN-GABRIEL BERNIER. (Attachment: # 1 Civil Cover Sheet)(dr) (Entered: 05/04/2016)

May 3, 2016

May 3, 2016

Clearinghouse
2

MOTION for Leave to Proceed in forma pauperis by JEAN-GABRIEL BERNIER. (dr) (Entered: 05/04/2016)

May 3, 2016

May 3, 2016

PACER
3

MOTION to Appoint Counsel by JEAN-GABRIEL BERNIER. (dr) (Entered: 05/04/2016)

May 3, 2016

May 3, 2016

PACER

SUMMONS Not Issued as to JEFF ALLEN, ANGELA P. DUNBAR, GILEAD SCIENCES, INC., BRADLEY T. GROSS, LORETTA LYNCH, BARACK HUSSEIN OBAMA, CHARLES E. SAMUELS. (dr)

May 3, 2016

May 3, 2016

PACER
4

PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order. Signed by Judge Rudolph Contreras on 4/26/2016. (dr) (Entered: 05/04/2016)

May 3, 2016

May 3, 2016

PACER

Initiating Pleading & IFP Application Received on 4/14/2016. (dr)

May 3, 2016

May 3, 2016

PACER
5

PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by JEAN-GABRIEL BERNIER. (md) (Entered: 05/13/2016)

May 12, 2016

May 12, 2016

PACER

Case Reassigned to Judge Amit P. Mehta. Unassigned no longer assigned to the case. (dr)

May 24, 2016

May 24, 2016

PACER
6

ORDER directing an initial partial filing fee in the amount of $67.96 from Prison Account of JEAN-GABRIEL BERNIER and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Ketanji Brown Jackson on 5/20/2016. (zrdj) (Entered: 05/25/2016)

May 24, 2016

May 24, 2016

PACER
7

SUMMONS Issued Electronically as to JEFF ALLEN, ANGELA P. DUNBAR, GILEAD SCIENCES, INC., BRADLEY T. GROSS, LORETTA LYNCH, BARACK HUSSEIN OBAMA, CHARLES E. SAMUELS, U.S. Attorney and U.S. Attorney General (md) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

PACER
8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/1/2016. Answer due for ALL FEDERAL DEFENDANTS by 7/31/2016. (zrdj) (Entered: 06/28/2016)

June 27, 2016

June 27, 2016

PACER
9

MOTION for Preliminary Injunction by JEAN-GABRIEL BERNIER (zrdj) (Entered: 06/29/2016)

June 27, 2016

June 27, 2016

PACER

MINUTE ORDER: It is hereby ORDERED that defendants shall file a response to plaintiff's 9 MOTION for Preliminary Injunction by July 13, 2016. Signed by Judge Amit P. Mehta on 6/30/16. (ms)

June 30, 2016

June 30, 2016

PACER
10

NOTICE of Appearance by Robert N. Weiner on behalf of GILEAD SCIENCES, INC. (Weiner, Robert) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

PACER
11

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by GILEAD SCIENCES, INC. (Weiner, Robert) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

PACER
12

MOTION to Dismiss PLAINTIFF'S COMPLAINT by GILEAD SCIENCES, INC. (Attachments: # 1 Text of Proposed Order)(Weiner, Robert) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

PACER

Set/Reset Deadlines/Hearings: Response to 9 due by 7/13/2016. (cdw)

June 30, 2016

June 30, 2016

PACER
13

Order advising plaintiff to respond by 8/5/2016 to the 12 MOTION to Dismiss Plaintiff's Complaint filed by GILEAD SCIENCES, INC., or the Court will treat the motion as conceded. Signed by Judge Amit P. Mehta on 7/1/16. (ms) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER
14

First MOTION for Extension of Time to File Federal Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction by JEFF ALLEN, ANGELA P. DUNBAR, LORETTA LYNCH, BARACK HUSSEIN OBAMA, II, CHARLES E. SAMUELS (Adebonojo, Kenneth) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

PACER
15

Memorandum in opposition to re 9 MOTION for Preliminary Injunction filed by GILEAD SCIENCES, INC.. (Weiner, Robert) (Entered: 07/13/2016)

July 13, 2016

July 13, 2016

PACER
16

Memorandum in opposition to re 12 MOTION to Dismiss PLAINTIFF'S COMPLAINT filed by JEAN-GABRIEL BERNIER. (zrdj) (Entered: 07/18/2016)

July 14, 2016

July 14, 2016

PACER

MINUTE ORDER: The federal defendants' 14 motion for an extension of time is GRANTED. Their Answer (or other response to the Complaint) and their opposition to plaintiff's motion for preliminary injunction are due no later than August 1, 2016. Given plaintiff's demand for preliminary injunctive relief, the Court will not grant a further extension of time absent extraordinary circumstances. Signed by Judge Amit P. Mehta on 7/18/16. (ms)

July 18, 2016

July 18, 2016

PACER

Set/Reset Deadlines/Hearings: Answer or other response to Complaint due by 8/1/2016. Response to 9 due by 8/1/2016. (cdw)

July 18, 2016

July 18, 2016

PACER
17

Letter to the Court from JEAN BERNIER "LET THIS BE FILED" Signed by Judge Amit P. Mehta on 7/17/16 (zrdj) (Entered: 07/19/2016)

July 19, 2016

July 19, 2016

PACER
18

ORDER construing plaintiff's correspondence 17 as a second motion for appointment of counsel and a motion for expedited discovery, denying 3 both motions to appoint counsel without prejudice, and denying plaintiff's motion for expedited discovery. Signed by Judge Amit P. Mehta on 7/20/16. (ms) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

PACER
19

REPLY to opposition to motion re 12 MOTION to Dismiss PLAINTIFF'S COMPLAINT filed by GILEAD SCIENCES, INC.. (Weiner, Robert) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

PACER
20

Memorandum in opposition to re 9 MOTION for Preliminary Injunction filed by BRADLEY T. GROSS, LORETTA E. LYNCH, BARACK HUSSEIN OBAMA, II, CHARLES E. SAMUELS. (Attachments: # 1 Exhibit A-B, # 2 Text of Proposed Order)(Adebonojo, Kenneth) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER
21

MOTION for Extension of Time to File Federal Defendants' Answer or Other Response to Plaintiff's Complaint by JEFF ALLEN, ANGELA P. DUNBAR, BRADLEY T. GROSS, LORETTA E. LYNCH, BARACK HUSSEIN OBAMA, II, CHARLES E. SAMUELS (Adebonojo, Kenneth) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER

MINUTE ORDER granting 21 Motion to Enlarge Time to File Federal Defendants' Answer or Other Response to Plaintiff's Complaint. Defendants' Answer or other response to Plaintiff's complaint shall be filed on or before August 19, 2016. Signed by Judge Amit P. Mehta on 08/02/2016. (lcapm3)

Aug. 2, 2016

Aug. 2, 2016

PACER
22

Letter to the Court from JEAN BERNIER "LET THIS BE FILED", by Judge Amit P. Mehta (zrdj) (Entered: 08/03/2016)

Aug. 2, 2016

Aug. 2, 2016

PACER

Set/Reset Deadlines/Hearings: Answer or other response to Complaint due by 8/19/2016. (cdw)

Aug. 2, 2016

Aug. 2, 2016

PACER
23

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BRADLEY T. GROSS served on 8/8/2016 (zrdj) (Entered: 08/10/2016)

Aug. 9, 2016

Aug. 9, 2016

PACER
24

Summons Returned Unexecuted as to JEFF ALLEN. (zrdj) (Entered: 08/10/2016)

Aug. 9, 2016

Aug. 9, 2016

PACER
25

REPLY to opposition to motion re 9 MOTION for Preliminary Injunction filed by JEAN-GABRIEL BERNIER. (zrdj) (Entered: 08/17/2016)

Aug. 15, 2016

Aug. 15, 2016

PACER
26

MOTION for Extension of Time to File Federal Defendants' Answer or Other Response to Plaintiff's Complaint by JEFF ALLEN, ANGELA P. DUNBAR, BRADLEY T. GROSS, LORETTA E. LYNCH, BARACK HUSSEIN OBAMA, II, CHARLES E. SAMUELS (Adebonojo, Kenneth) (Entered: 08/18/2016)

Aug. 18, 2016

Aug. 18, 2016

PACER

Set/Reset Deadlines/Hearings: Answer or other response to complaint due by 8/31/2016. (cdw)

Aug. 19, 2016

Aug. 19, 2016

PACER

MINUTE ORDER: Defendants' 26 Motion for Extension of Time is granted, and their answer or other response to the complaint is due by August 31, 2016. Signed by Judge Amit P. Mehta on 8/19/16. (ms)

Aug. 22, 2016

Aug. 22, 2016

PACER
27

MEMORANDUM OPINION AND ORDER denying 9 Plaintiff's Motion for Preliminary Injunction. See attached Memorandum Opinion and Order for further details. Signed by Judge Amit P. Mehta on 08/24/2016. (lcapm1) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

Clearinghouse
28

MOTION to Dismiss by JEFF ALLEN, ANGELA P. DUNBAR, BRADLEY T. GROSS, LORETTA E. LYNCH, BARACK HUSSEIN OBAMA, II, CHARLES E. SAMUELS (Attachments: # 1 Text of Proposed Order)(Adebonojo, Kenneth) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
29

Order advising the plaintiff to respond by 9/30/2016 to the federal defendants' 28 MOTION to Dismiss, or the court may treat the motion as conceded. Signed by Judge Amit P. Mehta on 8/31/16. (ms) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER

Set/Reset Deadlines: Plaintiff Response To 28 Motion To Dismiss due by 9/30/2016 (mac)

Sept. 1, 2016

Sept. 1, 2016

PACER
30

NOTICE OF APPEAL as to 27 Memorandum & Opinion by JEAN-GABRIEL BERNIER. Fee Status: IFP. Parties have been notified. (zrdj) (Entered: 09/28/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
31

Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Fee was not paid because it was filed In Forma Pauperis re 30 Notice of Appeal. (zrdj) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
32

Memorandum in opposition to re 28 MOTION to Dismiss filed by JEAN-GABRIEL BERNIER. (zrdj) (Entered: 09/30/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER

USCA Case Number 16-5281 for 30 Notice of Appeal filed by JEAN-GABRIEL BERNIER. (zrdj)

Sept. 30, 2016

Sept. 30, 2016

PACER
33

First MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss by JEFF ALLEN, ANGELA P. DUNBAR, BRADLEY T. GROSS, LORETTA E. LYNCH, BARACK HUSSEIN OBAMA, II, CHARLES E. SAMUELS (Adebonojo, Kenneth) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

PACER
34

Letter to the Court from JEAN-GABRIEL BERNIER "LET THIS BE FILED" by Judge Amit P. Mehta (zrdj) (Entered: 10/06/2016)

Oct. 5, 2016

Oct. 5, 2016

PACER

MINUTE ORDER: Defendants' 33 Motion for Extension of Time is granted, and their reply is due by November 2, 2016. Signed by Judge Amit P. Mehta on 10/6/16. (ms)

Oct. 6, 2016

Oct. 6, 2016

PACER

Set/Reset Deadlines/Hearings: Defendants' reply due by 11/2/2016. (cdw)

Oct. 6, 2016

Oct. 6, 2016

PACER
35

MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Federal Defendants' Motion to Dismiss by JEFF ALLEN, ANGELA P. DUNBAR, BRADLEY T. GROSS, LORETTA E. LYNCH, BARACK HUSSEIN OBAMA, II, CHARLES E. SAMUELS (Adebonojo, Kenneth) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER

MINUTE ORDER granting 35 Motion for Extension of Time to File a Reply to Plaintiff's Opposition to Federal Defendants' Motion to Dismiss. Defendants' Reply shall be filed on or before November 4, 2016. Signed by Judge Amit P. Mehta on 11/03/2016. (lcapm1)

Nov. 3, 2016

Nov. 3, 2016

PACER

Set/Reset Deadlines/Hearings: Defendants' Reply due by 11/4/2016. (cdw)

Nov. 3, 2016

Nov. 3, 2016

PACER
36

REPLY to opposition to motion re 28 MOTION to Dismiss filed by JEFF ALLEN, ANGELA P. DUNBAR, BRADLEY T. GROSS, LORETTA E. LYNCH, BARACK HUSSEIN OBAMA, II, CHARLES E. SAMUELS. (Attachments: # 1 Exhibit A-C)(Adebonojo, Kenneth) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

PACER
37

NOTICE of Address by JEAN-GABRIEL BERNIER (zrdj) (Entered: 11/09/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
38

Letter to the Court from JEAN-GABRIEL BERNIER "LET THIS BE FILED" Signed by Judge Amit P. Mehta on 12/20/2016. (lcapm1) (Entered: 12/20/2016)

Dec. 20, 2016

Dec. 20, 2016

PACER

MINUTE ORDER: The Clerk of Court shall send Plaintiff a copy of the Application for Leave to Proceed on Appeal in Forma Pauperis. Signed by Judge Amit P. Mehta on 12/20/2016. (lcapm1)

Dec. 20, 2016

Dec. 20, 2016

PACER
39

MOTION for Leave to Appeal in forma pauperis by JEAN-GABRIEL BERNIER (zrdj) (Entered: 01/11/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
40

PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by JEAN-GABRIEL BERNIER (zrdj) (Entered: 01/11/2017)

Jan. 11, 2017

Jan. 11, 2017

PACER

MINUTE ORDER: Plaintiff's 39 Motion for Leave to Appeal in forma pauperis is hereby GRANTED. Signed by Judge Amit P. Mehta on 1/12/17. (ms)

Jan. 12, 2017

Jan. 12, 2017

PACER
41

Supplemental Record on Appeal transmitted to US Court of Appeals re Order on Motion for Leave to Appeal in forma pauperis ;USCA Case Number 16-5281. (jf) (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

PACER
42

ORDER directing Plaintiff to re-file his Opposition to Defendants' 28 Motion to Dismiss by March 10, 2017. Signed by Judge Amit P. Mehta on 2/15/17. (ms) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

PACER

Set/Reset Deadlines/Hearings: Response to 28 due by 3/10/2017. (cdw)

Feb. 15, 2017

Feb. 15, 2017

PACER
43

Memorandum in opposition to re 28 MOTION to Dismiss filed by JEAN-GABRIEL BERNIER. "LET THIS BE FILED" by Judge Amit P. Mehta (zrdj) (Entered: 03/02/2017)

March 1, 2017

March 1, 2017

PACER
44

MEMORANDUM OPINION AND ORDER granting 12 Defendant Gilead's Motion to Dismiss and granting in part and denying in part 28 Federal Defendants' Motion to Dismiss. See the attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 03/17/2017. (lcapm2) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

Clearinghouse
45

Letter to the Court from Jean Bernier "LET THIS BE FILED" by Judge Amit P. Mehta (zrdj) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
46

Letter to the Court from Jean Bernier "LET THIS BE FILED" by Judge Amit P. Mehta (zrdj) (Entered: 04/05/2017)

April 3, 2017

April 3, 2017

PACER
47

NOTICE of Appearance by Theodore A. Howard on behalf of All Plaintiffs (Howard, Theodore) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER

MINUTE ORDER: In light of the Notice of Appearance filed by Plaintiff's court-appointed counsel, Defendants shall file their Answer to the Complaint no later than May 10, 2017. Signed by Judge Amit P. Mehta on 4/25/17. (ms)

April 25, 2017

April 25, 2017

PACER

Set/Reset Deadlines/Hearings: Answer to complaint due by 5/10/2017. (cdw)

April 25, 2017

April 25, 2017

PACER
48

Consent MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by JEFF ALLEN, ANGELA P. DUNBAR, BRADLEY T. GROSS, LORETTA E. LYNCH, BARACK HUSSEIN OBAMA, II, CHARLES E. SAMUELS (Adebonojo, Kenneth) (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

PACER

MINUTE ORDER granting Defendants' 48 Consent Motion for Extension of Time. Defendants' responsive pleading is now due on or before May 24, 2017. Signed by Judge Amit P. Mehta on 05/11/2017. (lcapm1)

May 11, 2017

May 11, 2017

PACER
49

Consent MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by JEFF ALLEN, ANGELA P. DUNBAR, BRADLEY T. GROSS, LORETTA E. LYNCH, BARACK HUSSEIN OBAMA, II, CHARLES E. SAMUELS (Adebonojo, Kenneth) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER

MINUTE ORDER granting, nunc pro tunc to May 24, 2017, Defendants' 49 Consent Motion for Extension of Time to File Answer or Other Response to Plaintiff's Complaint. Defendants' responsive pleading is now due on or before May 25, 2017. Signed by Judge Amit P. Mehta on 05/25/2017. (lcapm1)

May 25, 2017

May 25, 2017

PACER
50

MOTION to Dismiss by JEFF ALLEN, ANGELA P. DUNBAR, BRADLEY T. GROSS, LORETTA E. LYNCH, BARACK HUSSEIN OBAMA, II, CHARLES E. SAMUELS (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 05/25/2017)

May 25, 2017

May 25, 2017

PACER
51

MOTION for Extension of Time to File Response/Reply as to 50 MOTION to Dismiss by JEAN-GABRIEL BERNIER (Howard, Theodore) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
52

MEMORANDUM re 51 MOTION for Extension of Time to File Response/Reply as to 50 MOTION to Dismiss filed by JEAN-GABRIEL BERNIER by JEAN-GABRIEL BERNIER. (Howard, Theodore) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER

MINUTE ORDER granting Plaintiff's 51 Consent Motion for Extension of Time to File Response/Reply. Plaintiff's Opposition to Defendant's Motion to Dismiss is now due on or before June 29, 2017. Signed by Judge Amit P. Mehta on 06/09/2017. (lcapm1)

June 9, 2017

June 9, 2017

PACER

Set/Reset Deadlines: Plaintiff's Opposition To Defendant's Motion To Dismiss due by 6/29/2017. (mac)

June 9, 2017

June 9, 2017

PACER
53

MOTION for Extension of Time to File Response/Reply as to 50 MOTION to Dismiss by JEAN-GABRIEL BERNIER (Attachments: # 1 Memorandum in Support)(Howard, Theodore) (Entered: 06/28/2017)

June 28, 2017

June 28, 2017

PACER

MINUTE ORDER granting Plaintiff's 53 Consent Motion for Extension of Time to File Response/Reply. Plaintiff's Opposition to Defendant's Motion to Dismiss is now due on or before July 17, 2017. Signed by Judge Amit P. Mehta on 06/29/2017. (lcapm1)

June 29, 2017

June 29, 2017

PACER

Set/Reset Deadlines/Hearings: Response to 50 due by 7/17/2017. (cdw)

June 29, 2017

June 29, 2017

PACER
54

MOTION for Extension of Time to File Response/Reply by JEAN-GABRIEL BERNIER (Howard, Theodore) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER

MINUTE ORDER granting Plaintiff's 54 Motion for Extension of Time to File Response/Reply. Plaintiff's Opposition to Defendant's Motion to Dismiss is now due on or before August 14, 2017. Signed by Judge Amit P. Mehta on 07/17/2017. (lcapm1)

July 17, 2017

July 17, 2017

PACER

Set/Reset Deadlines: Plaintiff's Response in Opposition to Defendants' Motion to Dismiss 50 due by 8/14/17. (kk)

July 18, 2017

July 18, 2017

PACER
55

Mail addressed to Jean-Gabriel Bernier returned as undeliverable. Type of Document Returned: 7/17/17 Minute Order extending Plaintiff's time to 8/14/17 to file an opposition to Defendant's motion to dismiss; Resent to new address: FMC Butner, Federal Medical Center, P.O. Box 1600, Butner, NC 27509. (kk) (Entered: 07/27/2017)

July 26, 2017

July 26, 2017

PACER
56

NOTICE of Change of Address by JEAN-GABRIEL BERNIER (zsb) (Entered: 08/03/2017)

July 27, 2017

July 27, 2017

PACER
57

MOTION for Reconsideration re 44 Memorandum Opinion and Order by JEAN-GABRIEL BERNIER (Howard, Theodore) Modified to add link on 8/15/2017 (nmw). (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
58

Consent MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss and Opposition to Plaintiff's Motion for Reconsideration by JEFF ALLEN, ANGELA P. DUNBAR, BRADLEY T. GROSS, LORETTA E. LYNCH, BARACK HUSSEIN OBAMA, II, CHARLES E. SAMUELS (Adebonojo, Kenneth) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER

MINUTE ORDER granting Defendants' 58 Consent Motion for Extension of Time to File Reply/Response. Defendants' Reply/Response shall be due on or before September 15, 2017. Signed by Judge Amit P. Mehta on 08/24/2017. (lcapm1)

Aug. 24, 2017

Aug. 24, 2017

PACER

Set/Reset Deadlines/Hearings: Defendant's response/reply due by 9/15/2017. (zcdw)

Aug. 24, 2017

Aug. 24, 2017

PACER
59

Consent MOTION for Extension of Time to File Defendants' Opposition to Plaintiff's Motion for Reconsideration and Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss by JEFF ALLEN, ANGELA P. DUNBAR, BRADLEY T. GROSS, LORETTA E. LYNCH, BARACK HUSSEIN OBAMA, II, CHARLES E. SAMUELS (Adebonojo, Kenneth) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER

MINUTE ORDER granting Defendants' 59 Consent Motion for Extension of Time to File Reply/Response. Defendants' Reply/Response shall be due on or before September 19, 2017. Signed by Judge Amit P. Mehta on 09/15/2017. (lcapm1)

Sept. 15, 2017

Sept. 15, 2017

PACER
60

Memorandum in opposition to re 57 MOTION for Reconsideration filed by JEFF ALLEN, ANGELA P. DUNBAR, BRADLEY T. GROSS, LORETTA E. LYNCH, BARACK HUSSEIN OBAMA, II, CHARLES E. SAMUELS. (Adebonojo, Kenneth) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
61

NOTICE of Filing of Exhibits by JEFF ALLEN, ANGELA P. DUNBAR, BRADLEY T. GROSS, LORETTA E. LYNCH, BARACK HUSSEIN OBAMA, II, CHARLES E. SAMUELS re 60 Memorandum in Opposition (Attachments: # 1 Exhibit A-F)(Adebonojo, Kenneth) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
62

REPLY to opposition to motion re 50 MOTION to Dismiss filed by JEFF ALLEN, ANGELA P. DUNBAR, BRADLEY T. GROSS, LORETTA E. LYNCH, BARACK HUSSEIN OBAMA, II, CHARLES E. SAMUELS. (Adebonojo, Kenneth) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
63

REPLY to opposition to motion re 57 MOTION for Reconsideration filed by JEAN-GABRIEL BERNIER. (Howard, Theodore) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER

Partial Filing Fee Received from Jean-Gabriel Bernier in the amount of $254.00, receipt number: 4616088541. USCA 16-5281(zrdj)

Dec. 12, 2017

Dec. 12, 2017

PACER

Partial Filing Fee Received from JEAN-GABRIEL BERNIER in the amount of $5.00, receipt number: 4616089014. USCA - 16-05281(zrdj)

Jan. 17, 2018

Jan. 17, 2018

PACER
64

MEMORANDUM OPINION AND ORDER granting Defendants' 50 Motion to Dismiss and granting in part and denying in part Plaintiff's 57 Motion for Reconsideration. The court hereby vacates its previous decision, see ECF No. 44, to the extent it dismisses Plaintiff's Bivens claim for damages against Defendant Allen in his individual capacity on qualified immunity grounds, and grants Defendants' 28 Motion to Dismiss this claim under Rule 12(b)(5) for insufficient service of process. This claim is dismissed without prejudice. If Plaintiff does not properly serve Defendant Allen within 60 days from the date of this opinion, unless additional time is requested and granted, the court will enter a final order dismissing this action. See the attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 03/08/2018. (lcapm1) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

Clearinghouse

Partial Filing Fee Received from JEAN-GABRIEL BERNIER in the amount of $8.70, receipt number: 4616089956. USCA 16-5281(zrdj)

March 9, 2018

March 9, 2018

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Prison Conditions

Special Collection(s):

Hepatitis C Treatment in Jails and Prisons

Key Dates

Filing Date: May 3, 2016

Closing Date: Sept. 6, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is an individual incarcerated in the Federal Bureau of Prisons in Washington, D.C. with chronic Hepatitis-C Virus seeking Direct-Acting Antiviral treatment.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Bureau of Prisons (District of Columbia), Federal

Gilead Industries (District of Columbia), Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Medical/Mental Health:

Hepatitis

Medical care, general

Medical care, unspecified

Medication, administration of

Type of Facility:

Government-run