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

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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 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.

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Summary Authors

Elena Meth (3/21/2023)

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
44 1:16-cv-00828	Memorandum Opinion and Order Bernier v. Trump	March 17, 2017	March 17, 2017 Order/Opinion
64 1:16-cv-00828	Memorandum Opinion and Order Bernier v. Trump	March 8, 2018	March 8, 2018 Order/Opinion
88 1:16-cv-00828	Memorandum Opinion	Aug. 22, 2019	Aug. 22, 2019 Order/Opinion
95 1:16-cv-00828	Memorandum Opinion and Order	July 20, 2020	July 20, 2020 Order/Opinion
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
1953367 21-05083	Opinion U. S. Court of Appeals for the District of Columbia Circuit	July 5, 2022	July 5, 2022 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
White Paper: Policies for Expanding Hepatitis C Testing and Treatment in United States Prisons and Jails Tessa Bialek and Matthew J. Akiyama, M.D., M.Sc.	This white paper proposes policies for expanding access to Hepatitis C (HCV) testing and treatment in United States jails and prisons. In recent years, dozens of lawsuits across the country have sou…	April 19, 2023	April 19, 2023 None

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Docket

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

Last updated May 12, 2023, 3:02 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
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
	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
	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
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
	Case Reassigned to Judge Amit P. Mehta. Unassigned no longer assigned to the case. (dr)	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
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
	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
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
	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
	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
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
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
	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
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
	Set/Reset Deadlines/Hearings: Defendants' reply due by 11/2/2016. (cdw)	Oct. 6, 2016	Oct. 6, 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
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
	Set/Reset Deadlines/Hearings: Defendants' Reply due by 11/4/2016. (cdw)	Nov. 3, 2016	Nov. 3, 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
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
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
	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
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
	Set/Reset Deadlines/Hearings: Response to 50 due by 7/17/2017. (cdw)	June 29, 2017	June 29, 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
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
	Set/Reset Deadlines/Hearings: Defendant's response/reply due by 9/15/2017. (zcdw)	Aug. 24, 2017	Aug. 24, 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
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

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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