Case: Iseley v. Talaber

1:04-cv-00861 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: April 21, 2004

Closed Date: March 30, 2005

Clearinghouse coding complete

Case Summary

Plaintiff, incarcerated at the State Correctional Institution at Houtzdale, Pennsylvania, filed this action pro se on April 21, 2004, in the U.S. District Court for the Middle District of Pennsylvania.  He brought claims under 42 U.S.C. Section 1983 alleging that various officials and medical personnel of the Pennsylvania Department of Corrections (the "DOC") failed to provide adequate treatment for his Hepatitis C virus (HCV), in violation of the Eighth Amendment and as unlawful retaliation fo…

Plaintiff, incarcerated at the State Correctional Institution at Houtzdale, Pennsylvania, filed this action pro se on April 21, 2004, in the U.S. District Court for the Middle District of Pennsylvania.  He brought claims under 42 U.S.C. Section 1983 alleging that various officials and medical personnel of the Pennsylvania Department of Corrections (the "DOC") failed to provide adequate treatment for his Hepatitis C virus (HCV), in violation of the Eighth Amendment and as unlawful retaliation for his having previously filed grievances and lawsuits.  He sought a preliminary injunction requiring the DOC to provide him with medication to treat his HCV.  Plaintiff sought a declaratory judgment, monetary damages, costs, and other appropriate relief, as well as preliminary and permanent injunctive relief requiring the DOC to provide medication. The case was assigned to U.S. District Judge Yvette Kane. 

On March 30, 2005, the district court granted defendants' motion to dismiss and entered judgment in favor of defendants, directing the clerk to close the case.  The court held, first, that plaintiff's claims against the majority of defendants in the lawsuit had already been decided in a prior action in the U.S. District Court for the Eastern District of Pennsylvania, and thus that plaintiff was collaterally estopped from pursuing the same claims against the same defendants in this action.  As to the only remaining defendant in the action, the court held that plaintiff failed to state a claim on which relief could be granted. Per DOC policy, in order to receive medication for his HCV, plaintiff would have to agree to psychological evaluation, which he had refused.  The court reasoned that defendants' refusal to provide HCV treatment without the psychological evaluation did not constitute an Eighth Amendment violation.  

Plaintiff appealed the dismissal.  On June 28, 2007, the U.S. Court of Appeals for the Third Circuit affirmed dismissal on collateral estoppel grounds. In addition, citing its prior ruling in a different case brought by plaintiff, raising the same claims, the appellate court explained: "[t]he DOC's requirement that prisoners undergoing interferon treatment submit to psychological evaluation and treatment is a reasonable inclusion in the HCV drug treatment protocol."  Denial of treatment in light of plaintiff's refusal to submit to such testing did not violate the Eighth Amendment.  232 Fed.Appx. 120. 

This case is now closed. 

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4780258/parties/iseley-v-talaber/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Campbell, A. Tracey (Pennsylvania)

Dorian, Raymond W. (Pennsylvania)

Esq., Michael A. (Pennsylvania)

Esq., Samuel H. (Pennsylvania)

Esq., Edward M. (Pennsylvania)

Documents in the Clearinghouse

Documents in this case
1

1:04-cv-00861

Civil Complaint

April 21, 2004

April 21, 2004

Complaint
103

1:04-cv-00861

Memorandum and Order

March 30, 2005

March 30, 2005

Order/Opinion
119-1

06-02540

Opinion of the Court

U.S. Court of Appeals for the Third Circuit

June 28, 2007

June 28, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4780258/iseley-v-talaber/

Last updated Aug. 24, 2026, 5:53 p.m.

Docket for: Iseley v. Talaber
ECF Number Date Description Link
1 April 21, 2004

COMPLAINT N/C to Plaintiff; Jury Trial demanded ( Filing fee $150, Receipt Number 111 140778)(jc) (Entered: 04/21/2004)

RECAP
2 April 21, 2004

APPLICATION by plaintiff to proceed IFP. (jc) (Entered: 04/21/2004)

RECAP
3 April 21, 2004

BRIEF by Plaintiff Charles Iseley in support of his application to proceed IFP 2 (jc) (Entered: 04/21/2004)

RECAP
4 April 21, 2004

DECLARATION by plaintiff Charles Iseley in support of application to proceed IFP 2 (jc) (Entered: 04/21/2004)

RECAP
5 April 21, 2004

MOTION to Appoint Counsel by PLAINTIFF Charles Iseley.(jc) (Entered: 04/21/2004)

RECAP
6 April 21, 2004

BRIEF IN SUPPORT re 5 MOTION to Appoint Counsel filed by plaintiff Charles Iseley. Brief in Opposition due by 5/10/2004 (jc) (Entered: 04/21/2004)

RECAP
7 April 21, 2004

MOTION for immediate hearing for TRO and preliminary injunction pursuant to FRCP 65(a)(b) by plaintiff Charles Iseley.(jc) (Entered: 04/22/2004)

RECAP
8 April 21, 2004

BRIEF IN SUPPORT of 7 MOTION for immediate hearing for TRO and preliminary injunction by plaintiff Charles Iseley. Brief in Opposition due by 5/10/2004 (jc) (Entered: 04/22/2004)

RECAP
9 April 21, 2004

MOTION for Extension of Time to file expert report/certificate by plaintiff Charles Iseley.(jc) (Entered: 04/22/2004)

RECAP
10 April 21, 2004

STANDING PRACTICE ORDER informing the parties to this action of their briefing and other responsibilities.(jc) (Entered: 04/22/2004)

RECAP
11 April 22, 2004

PRISONER LETTER ISSUED w/ Notice & Consent Form. (jc) (Entered: 04/22/2004)

RECAP
12 June 23, 2004

ORDER re 1 Complaint filed by Charles Iseley, The U.S. Marshal is directed to serve Plaintiff's complaint. 2 Application to proceed IFP is granted.Signed by Judge Yvette Kane on 6/23/04. (pw, ) (Entered: 06/24/2004)

RECAP
June 24, 2004

Summons Issued as to ASG, Inc., Jeffrey Beard, Jeffrey Bowden, Bucks County, Commonwealth of Pennsylvania, Joan Delie, Karen Diaz, Doc, Jane Doe, John Doe, Gary Gallucci, Eugene Ginchereau, Herbik, Diane Manson, Neal Mechling, PHS, Inc., Carol Scire, Don Skunda, William Stickman, Edward Swierczewski, John Talaber, Robert Tretinik, WHS, Inc., David Yanak and provided to USM for service on Defendant(s). (pw, )

13 Aug. 12, 2004

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Michael A. Klimpl on behalf of Karen Diaz ( Filing fee $25, Receipt Number 111 141534). (aaa) (Entered: 08/12/2004)

RECAP
14 Aug. 16, 2004

NOTICE of Appearance by Raymond W. Dorian on behalf of Jeffrey Beard, Jeffrey Bowden, Commonwealth of Pennsylvania, Joan Delie, Gary Gallucci, Diane Manson, Neal Mechling, Carol Scire, Don Skunda, William Stickman, John Talaber, Robert Tretinik, David Yanak. (Dorian, Raymond) (Entered: 08/16/2004)

RECAP
15 Aug. 16, 2004

DEMAND for Trial by Jury by Jeffrey Beard, Jeffrey Bowden, Commonwealth of Pennsylvania, Joan Delie, Gary Gallucci, Diane Manson, Neal Mechling, Carol Scire, Don Skunda, William Stickman, John Talaber, Robert Tretinik, David Yanak. (Dorian, Raymond) (Entered: 08/16/2004)

RECAP
16 Aug. 17, 2004

MOTION to Dismiss or in the alternative for Summary Judgment by Eugene Ginchereau, WHS, Inc.. (Attachments: # 1 Proposed Order)(Foreman, Samuel) (Entered: 08/17/2004)

RECAP
17 Aug. 17, 2004

BRIEF IN SUPPORT re 16 MOTION to Dismiss or in the alternative for Summary Judgment filed by Eugene Ginchereau, WHS, Inc.. Brief in Opposition due by 9/7/2004 (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B# 3 Exhibit(s) C# 4 Exhibit(s) D# 5 Exhibit(s) E)(Foreman, Samuel) (Entered: 08/17/2004)

RECAP
18 Aug. 17, 2004

WAIVER OF SERVICE Returned Executed Jeffrey Beard waiver sent on 7/15/2004, answer due 9/13/2004; Jeffrey Bowden waiver sent on 7/15/2004, answer due 9/13/2004; Joan Delie waiver sent on 7/15/2004, answer due 9/13/2004; Doc waiver sent on 7/15/2004, answer due 9/13/2004; Gary Gallucci waiver sent on 7/15/2004, answer due 9/13/2004; Diane Manson waiver sent on 7/15/2004, answer due 9/13/2004; Neal Mechling waiver sent on 7/15/2004, answer due 9/13/2004; Carol Scire waiver sent on 7/15/2004, answer due 9/13/2004; Don Skunda waiver sent on 7/15/2004, answer due 9/13/2004; William Stickman waiver sent on 7/15/2004, answer due 9/13/2004; John Talaber waiver sent on 7/15/2004, answer due 9/13/2004; Robert Tretinik waiver sent on 7/15/2004, answer due 9/13/2004; WHS, Inc. waiver sent on 7/15/2004, answer due 9/13/2004; David Yanak waiver sent on 7/15/2004, answer due 9/13/2004. (ep, ) (Entered: 08/17/2004)

RECAP
19 Aug. 27, 2004

NOTICE of Appearance by A. Tracey Campbell on behalf of ASG, Inc., Herbik, PHS, Inc., Edward Swierczewski. (Campbell, A.) (Entered: 08/27/2004)

RECAP
20 Aug. 30, 2004

WAIVER OF SERVICE Returned Executed by Charles Iseley. Bucks County waiver sent on 7/15/2004, answer due 9/13/2004; Karen Diaz waiver sent on 7/15/2004, answer due 9/13/2004; John Doe waiver sent on 7/15/2004, answer due 9/13/2004. (ts, ) (Entered: 08/30/2004)

RECAP
21 Aug. 31, 2004

MOTION for Extension of Time to File Brief in Opposition to Defendant's Motion for dismissal 16 by Charles Iseley.(aaa) (Entered: 08/31/2004)

RECAP
22 Aug. 31, 2004

WAIVER OF SERVICE Returned Executed by Charles Iseley. ASG, Inc. waiver sent on 7/15/2004, answer due 9/13/2004; Herbik waiver sent on 7/15/2004, answer due 9/13/2004; PHS, Inc. waiver sent on 7/15/2004, answer due 9/13/2004; Edward Swierczewski waiver sent on 7/15/2004, answer due 9/13/2004. (ts, ) (Entered: 09/01/2004)

RECAP
23 Sept. 1, 2004

NOTICE of Appearance by Michael A. Klimpl on behalf of Karen Diaz and John Doe. (aaa) (Entered: 09/01/2004)

RECAP
24 Sept. 1, 2004

APPENDIX by Defendants (aaa) Modified on 9/7/2004 (crh, ). (Entered: 09/01/2004)

RECAP
25 Sept. 3, 2004

NOTICE of Appearance by A. Tracey Campbell on behalf of Eugene Ginchereau (Campbell, A.) (Entered: 09/03/2004)

RECAP
26 Sept. 3, 2004

First MOTION for Extension of Time to Respond to Plainitff's Complaint with Certificate of Service by ASG, Inc., Eugene Ginchereau, Herbik, PHS, Inc., Edward Swierczewski. (Attachments: # 1 # 2)(Campbell, A.) (Entered: 09/03/2004)

RECAP
27 Sept. 3, 2004

MEMORANDUM OF LAW by ASG, Inc., Eugene Ginchereau, Herbik, PHS, Inc., Edward Swierczewski re 26 First MOTION for Extension of Time to Respond to Plainitff's Complaint with Certificate of Service. (Campbell, A.) (Entered: 09/03/2004)

RECAP
28 Sept. 7, 2004

First MOTION to Dismiss by John Talaber.(Dorian, Raymond) (Entered: 09/07/2004)

RECAP
29 Sept. 7, 2004

BRIEF IN SUPPORT re 28 First MOTION to Dismiss filed by John Talaber. Brief in Opposition due by 9/27/2004 (Dorian, Raymond) (Entered: 09/07/2004)

RECAP
31 Sept. 8, 2004

WAIVER OF SERVICE Returned Executed by Charles Iseley. Eugene Ginchereau waiver sent on 7/15/2004, answer due 9/13/2004. (ao, ) (Entered: 09/09/2004)

RECAP
30 Sept. 9, 2004

REPLY BRIEF re 16 MOTION to Dismiss or in the alternative for Summary Judgment filed by Eugene Ginchereau, WHS, Inc.. (Foreman, Samuel) (Entered: 09/09/2004)

RECAP
32 Sept. 9, 2004

CERTIFICATE of by ASG, Inc., Eugene Ginchereau, Herbik, PHS, Inc., Edward Swierczewski re 26 First MOTION for Extension of Time to Respond to Plainitff's Complaint with Certificate of Service. (Campbell, A.) (Entered: 09/09/2004)

RECAP
33 Sept. 10, 2004

BRIEF IN OPPOSITION re 16 MOTION to Dismiss or in the alternative for Summary Judgment filed by Charles Iseley. Reply Brief due by 9/24/2004. (aaa ) (Entered: 09/10/2004)

RECAP
34 Sept. 10, 2004

WAIVER OF SERVICE Returned Executed (ep, ) (Entered: 09/13/2004)

RECAP
35 Sept. 13, 2004

MOTION to Dismiss Complaint by Karen Diaz, John Doe, District Attorney of Bucks County, and Bucks County. (Attachments: # 1 Proposed Order)(aaa ) (Entered: 09/13/2004)

RECAP
36 Sept. 13, 2004

BRIEF IN SUPPORT re 35 MOTION to Dismiss filed by Karen Diaz, John Doe, District Attorney of Bucks County, and Bucks County. Brief in Opposition due by 10/1/2004 (aaa ) (Entered: 09/13/2004)

RECAP
37 Sept. 13, 2004

MOTION for Preliminary Injunction by Charles Iseley.(aaa) (Entered: 09/13/2004)

RECAP
38 Sept. 13, 2004

BRIEF IN SUPPORT re 37 MOTION for Preliminary Injunction filed by Charles Iseley. Brief in Opposition due by 10/1/2004 (aaa) (Entered: 09/13/2004)

RECAP
39 Sept. 13, 2004

BRIEF IN OPPOSITION re 28 First MOTION to Dismiss filed by Charles Iseley. Reply Brief due by 9/27/2004. (aaa) (Entered: 09/13/2004)

RECAP
40 Sept. 13, 2004

ORDER - Upon consideration of the 26 Motion for Extension of Time to Answer filed by dfts Prison Health Services, Inc., America Service Group, Inc., Edward Swierczewski, M.D., Eugene Ginchereau, M.D. and Michael Herbik, M.D., is IS ORDERED THAT said mtn is GRANTED. A response to pltf's complaint is due 60 days from the date of this order. Signed by Judge Yvette Kane on September 13, 2004. (sc) (Entered: 09/13/2004)

RECAP
41 Sept. 13, 2004

EXHIBITS by Charles Iseley. (aaa) (Entered: 09/13/2004)

RECAP
42 Sept. 14, 2004

REPLY BRIEF re 16 MOTION to Dismiss or in the alternative for Summary Judgment filed by Eugene Ginchereau, WHS, Inc.. (Foreman, Samuel) (Entered: 09/14/2004)

RECAP
43 Sept. 17, 2004

BRIEF IN OPPOSITION re 26 First MOTION for Extension of Time to Respond to Plainitff's Complaint filed by Charles Iseley. Reply Brief due by 10/1/2004. (aaa) (Entered: 09/17/2004)

RECAP
44 Sept. 20, 2004

REPLY by ASG, Inc., Eugene Ginchereau, Herbik, PHS, Inc., Edward Swierczewski. Certificate of Service. (Attachments: # 1 Proposed Order # 2 Exhibits)(Campbell, A.) (Entered: 09/20/2004)

RECAP
45 Sept. 22, 2004

REPLY BRIEF re 16 MOTION to Dismiss or in the alternative for Summary Judgment filed by Jeffrey Beard, Commonwealth of Pennsylvania, Joan Delie, Gary Gallucci, Diane Manson, Neal Mechling, Carol Scire, Don Skunda, John Talaber, Robert Tretinik. (aaa) (Entered: 09/23/2004)

RECAP
46 Sept. 23, 2004

MOTION for Extension of Time to File Response to Defendant's Reply Brief by Charles Iseley.(aaa) (Entered: 09/24/2004)

RECAP
47 Sept. 24, 2004

BRIEF IN OPPOSITION re 46 MOTION for Extension of Time to File filed by Eugene Ginchereau, WHS, Inc.. Reply Brief due by 10/8/2004. (Foreman, Samuel) (Entered: 09/24/2004)

RECAP
48 Sept. 28, 2004

BRIEF IN OPPOSITION re 37 MOTION for Preliminary Injunction /TRO filed by Jeffrey Beard, Jeffrey Bowden, Joan Delie, Doc, Gary Gallucci, Diane Manson, Neal Mechling, Carol Scire, Don Skunda, William Stickman, John Talaber, Robert Tretinik, David Yanak. Reply Brief due by 10/13/2004. (Dorian, Raymond) (Entered: 09/28/2004)

RECAP
49 Sept. 29, 2004

BRIEF IN OPPOSITION re 35 MOTION to Dismiss filed by Charles Iseley. Reply Brief due by 10/14/2004. (aaa) (Entered: 09/29/2004)

RECAP
50 Sept. 29, 2004

MOTION for Leave to File Supplemental Exhibit by Charles Iseley.(aaa) (Entered: 09/29/2004)

RECAP
51 Sept. 29, 2004

APPENDIX IN OPPOSITION by Jeffrey Beard, Jeffrey Bowden, Joan Delie, Doc, Gary Gallucci, Diane Manson, Neal Mechling, Carol Scire, Don Skunda, William Stickman, John Talaber, Robert Tretinik, David Yanak. to 48 Brief in Opposition, 37 MOTION for Preliminary Injunction. (aaa) (Entered: 09/29/2004)

RECAP
53 Oct. 1, 2004

ORDER - Upon consideration of Pltf's first mtn for exttm to file bropp to dfts' mtn to dism, said motion is hereby GRANTED nunc pro tunc, and pltf's brief (Doc. #33) is accepted by the ct as timely. Upon consideration of pltf's 2nd mtn for exttm to file such bropp, the mtn is construed as a mtn to file a sur-reply and the mtn is DENIED. 21 46 Signed by Judge Yvette Kane on October 1, 2004. (sc) (Entered: 10/01/2004)

RECAP
57 Oct. 1, 2004

REPLY BRIEF re 35 MOTION to Dismiss filed by Bucks County, Karen Diaz, John Doe. (Document #52 was deleted due to clerical error when filing using the wrong event, re-docketed with proper event) (jw, ) (Entered: 11/02/2004)

RECAP
54 Oct. 4, 2004

MOTION for Extension of Time to respond to the DOC Defendant's Reply Brief in Support of their motioin to dismiss by Charles Iseley.(aaa) (Entered: 10/05/2004)

RECAP
55 Oct. 7, 2004

DEFENDANTS BUCKS COUNTY, KAREN DIAZ AND JOHN DOE, DISTRICT ATTORNEY OF BUCKS COUNTY JOINDER OF CORRECTIONS DEFENDANTS' BRIEF IN OPPOSITION 48 TO PLAINTIFF'S RENEWED MOTION FOR TRO/PRELIMINARY HEARING.(aaa) (Entered: 10/07/2004)

RECAP
56 Oct. 12, 2004

REPLY BRIEF to DOC Defendants' Opposition to 37 MOTION for Preliminary Injunction filed by Charles Iseley. (aaa) (Entered: 10/13/2004)

RECAP
58 Nov. 3, 2004

MOTION for Extension of Time to plead by ASG, Inc., Eugene Ginchereau, Herbik, PHS, Inc., Edward Swierczewski. (Attachments: # 1 Proposed Order # 2 Exhibit(s))(Campbell, A.) (Entered: 11/03/2004)

RECAP
59 Nov. 3, 2004

MEMORANDUM OF LAW by ASG, Inc., Eugene Ginchereau, Herbik, PHS, Inc., Edward Swierczewski re 58 MOTION for Extension of Time to plead. (Campbell, A.) (Entered: 11/03/2004)

RECAP
60 Nov. 10, 2004

ORDER - IT IS HEREBY ORDERED that the 58 Motion to Extend Time is GRANTED. A response to Pltf's Complaint is due 30 days from the date of this order. Signed by Judge Yvette Kane on November 10, 2004.(sc) (Entered: 11/10/2004)

RECAP
61 Nov. 22, 2004

RENEWED MOTION to Appoint Counsel by Charles Iseley.(pw, ) (Entered: 11/22/2004)

RECAP
62 Nov. 22, 2004

BRIEF IN SUPPORT re 61 MOTION to Appoint Counsel filed by Charles Iseley. Brief in Opposition due by 12/10/2004 (pw, ) (Entered: 11/22/2004)

RECAP
63 Nov. 22, 2004

BRIEF IN OPPOSITION re 54 MOTION for Extension of Time to filed by Charles Iseley. Reply Brief due by 12/7/2004. (pw, ) (Entered: 11/22/2004)

RECAP
64 Nov. 23, 2004

BRIEF IN OPPOSITION re 61 MOTION to Appoint Counsel filed by Eugene Ginchereau, WHS, Inc.. Reply Brief due by 12/8/2004. (Foreman, Samuel) (Entered: 11/23/2004)

RECAP
65 Dec. 8, 2004

REPLY BRIEF for Renewed Motion for Appointment of Counsel re 61 MOTION to Appoint Counsel filed by Charles Iseley. C/S (crh, ) Includes supporting document. (Entered: 12/08/2004)

RECAP
66 Dec. 8, 2004

NOTICE of Change of Address by Charles Iseley (crh, ) (Entered: 12/08/2004)

RECAP
67 Dec. 10, 2004

MOTION to Dismiss And/Or Summary Judgment by Edward Swierczewski, Eugene Ginchereau, Herbik, PHS, Inc., ASG, Inc.. (Attachments: # 1 Proposed Order # 2 Exhibit(s) Exhibit A)(Campbell, A.) (Entered: 12/10/2004)

RECAP
71 Dec. 10, 2004

EXHIBITS by Edward Swierczewski, Eugene Ginchereau, Herbik, PHS, Inc., ASG, Inc. in support of motion to dismiss.. (Attachments: # 1 exhibits contd# 2 exhibits contd# 3 exhibits contd# 4 exhibits contd# 5 exhibits contd# 6 exhibits contd)(lg, ) (Entered: 12/13/2004)

RECAP
72 Dec. 10, 2004

BRIEF IN SUPPORT re 67 MOTION to Dismiss And/Or Summary Judgment filed by Edward Swierczewski, Eugene Ginchereau, Herbik, PHS, Inc., ASG, Inc.. Brief in Opposition due by 12/28/2004 (Attachments: # 1 certif of service)(lg, ) (Entered: 12/13/2004)

RECAP
73 Dec. 13, 2004

Letter from Charles Isley re case. Sent docket sheet. (aaa) (Entered: 12/13/2004)

RECAP
74 Dec. 13, 2004

Renewed MOTION for TRO Hearing by Charles Iseley.(aaa) (Entered: 12/13/2004)

RECAP
75 Dec. 13, 2004

BRIEF IN SUPPORT re 74 Renewed MOTION for TRO Hearing filed by Charles Iseley. Brief in Opposition due by 12/31/2004 (aaa ) (Entered: 12/13/2004)

RECAP
Dec. 13, 2004

DOCKET ANNOTATION: docs 68 and 69 deleted (as they were e-filed as motions, but were actually exhibits to motion to dismiss [doc 67]; redocketed as exhibits (see doc #71); also, deleted doc 70 (as it was e-filed as a brief in support of documents 67,68 and 69 - but was actually only in support of motion to dismiss [doc 67); redocketed as a brief in support of doc 67(only) (see doc #72). (lg, )

76 Dec. 14, 2004

MOTION for Joinder to Oppose Plaintiff's Request for Appointment of Counsel by Edward Swierczewski, Herbik, PHS, Inc., ASG, Inc.. (Attachments: # 1 Exhibit(s))(Campbell, A.) (Entered: 12/14/2004)

RECAP
77 Dec. 27, 2004

MOTION for Extension of Time to File Brief in Oposition to defendant's Motion to Dismiss and/or Summary Judgement filed by Charles Iseley.(aaa ) (Entered: 12/27/2004)

RECAP
78 Dec. 29, 2004

BRIEF IN OPPOSITION re 74 MOTION for Hearing filed by Joan Delie, Carol Scire, Diane Manson, Don Skunda, Robert Tretinik, Gary Gallucci, Jeffrey Bowden, David Yanak, Doc, John Talaber, Jeffrey Beard, William Stickman, Neal Mechling. Reply Brief due by 1/12/2005. (Dorian, Raymond) (Entered: 12/29/2004)

RECAP
79 Dec. 29, 2004

RESPONSE TO PLAINTIFF'S MOTION by Edward Swierczewski, Eugene Ginchereau, Herbik, PHS, Inc., ASG, Inc.. (Attachments: # 1 Proposed Order Proposed Order# 2 Exhibit(s) Exhibit A# 3 Exhibit(s) Exhibit B# 4 Exhibit(s) Exhibit C)(Campbell, A.) (Entered: 12/29/2004)

RECAP
80 Dec. 29, 2004

REPLY TO PLAINTIFF'S MOTION EXHIBIT D-H by Edward Swierczewski, Eugene Ginchereau, Herbik, PHS, Inc., ASG, Inc.. (Attachments: # 1 Exhibit(s) Exhibit E# 2 Exhibit(s) Exhibit F# 3 Exhibit(s) Exhibit G# 4 Exhibit(s) Exhibit H)(Campbell, A.) (Entered: 12/29/2004)

RECAP
81 Dec. 29, 2004

REPLY BRIEF re 37 MOTION for Preliminary Injunction SUPPORTING REPLY MOTION filed by Edward Swierczewski, Eugene Ginchereau, Herbik, PHS, Inc., ASG, Inc.. (Campbell, A.) (Entered: 12/29/2004)

RECAP
82 Dec. 30, 2004

BRIEF IN OPPOSITION re 74 MOTION for Hearing (Joinder in #81) filed by Eugene Ginchereau, WHS, Inc.. Reply Brief due by 1/13/2005. (Foreman, Samuel) (Entered: 12/30/2004)

RECAP
83 Jan. 6, 2005

BRIEF IN OPPOSITION re 74 MOTION for Hearing Joinder of Corrections Defendants' Brief in Opposition to Second Renewal Motion for TRO/Preliminary Hearing filed by John Doe, Bucks County, Karen Diaz. Reply Brief due by 1/21/2005. (Klimpl, Michael) (Entered: 01/06/2005)

RECAP
84 Jan. 10, 2005

MOTION for Extension of Time to File Brief to 83 Brief in Opposition, filed by Charles Iseley.(aaa ) (Entered: 01/10/2005)

RECAP
85 Jan. 27, 2005

REPLY BRIEF to his mtn for Hearing 74 filed by Charles Iseley. (Attachments: # 1 Exhibit(s))(ma, ) (Entered: 01/27/2005)

RECAP
86 Jan. 31, 2005

MOTION for Partial Summary Judgment filed by Charles Iseley.(aaa) (Entered: 01/31/2005)

RECAP
87 Jan. 31, 2005

BRIEF IN SUPPORT re 86 MOTION for Partial Summary Judgment filed by Charles Iseley. Brief in Opposition due by 2/18/2005 (aaa) (Entered: 01/31/2005)

RECAP
88 Jan. 31, 2005

BRIEF IN OPPOSITION re 67 MOTION to Dismiss And/Or Summary Judgment filed by Charles Iseley. Reply Brief due by 2/14/2005. (aaa) (Entered: 01/31/2005)

RECAP
89 Feb. 4, 2005

MOTION for Extension of Time to Respond to Plaintiff's Motion for Partial Summary Judgment by Edward Swierczewski, Eugene Ginchereau, Herbik, PHS, Inc., ASG, Inc.. (Attachments: # 1 Proposed Order # 2 Exhibit(s))(Campbell, A.) (Entered: 02/04/2005)

RECAP
90 Feb. 10, 2005

MOTION for Extension of Time to Reply to Plaintiff's Brief in Opposition to Defendants' Motion to Dismiss and/or Summary Judgment by Edward Swierczewski, Eugene Ginchereau, Herbik, PHS, Inc., ASG, Inc.. (Attachments: # 1 Proposed Order # 2 Exhibit(s))(Campbell, A.) (Entered: 02/10/2005)

RECAP
91 Feb. 11, 2005

ORDER granting 89 Motion to Extend Time, a response to Pltf's Motion for Partial Summary Judgment and Memorandum of Law in Support of the same is due thirty (30) days from the date of this Order. See Order for complete details. Signed by Judge Yvette Kane on February 11, 2005 (kjn ) (Entered: 02/11/2005)

RECAP
92 Feb. 11, 2005

ORDER granting 90 Motion to Extend Time a reply to Pltf's Brief in Opposition to Dft's Motion to Dismiss and/or Summary Judgment is due thirty (30) days from the date of this Order. See Order for complete details. Signed by Judge Yvette Kane on February 11, 2005 (kjn ) (Entered: 02/11/2005)

RECAP
93 Feb. 14, 2005

MOTION for Extension of Time to Response to Plaintiff's Motion for Partial Summary Judgment by John Doe, Bucks County, Karen Diaz. (Attachments: # 1 Exhibit(s))(Klimpl, Michael) (Entered: 02/14/2005)

RECAP
94 Feb. 15, 2005

First MOTION for Extension of Time to to Respond to Motion for Partial Summary Judgment by Eugene Ginchereau, WHS, Inc.. (Attachments: # 1 Proposed Order)(Foreman, Samuel) (Entered: 02/15/2005)

RECAP
95 Feb. 16, 2005

BRIEF IN OPPOSITION re 86 MOTION for Partial Summary Judgment filed by Joan Delie, Carol Scire, Diane Manson, Don Skunda, Robert Tretinik, Gary Gallucci, Jeffrey Bowden, David Yanak, John Talaber, Jeffrey Beard, William Stickman, Neal Mechling. Reply Brief due by 3/3/2005. (Dorian, Raymond) (Entered: 02/16/2005)

RECAP
96 March 9, 2005

MOTION for Extension of Time to File Reply Brief to Defendants' Opposition to pending Motion for Partial Summary Judgement filed by Charles Iseley.(aaa) (Entered: 03/11/2005)

RECAP
97 March 14, 2005

MOTION for Joinder of Defendants Wexford and Ginchereau's Reply Brief in Support of Their Motion to Dismiss Plaintiff's Complaint by Edward Swierczewski, Eugene Ginchereau, Herbik, PHS, Inc., ASG, Inc.. (Attachments: # 1 Exhibit(s))(Campbell, A.) (Entered: 03/14/2005)

RECAP
98 March 14, 2005

BRIEF IN OPPOSITION re 86 MOTION for Partial Summary Judgment filed by John Doe, Bucks County, Karen Diaz. Reply Brief due by 3/28/2005. (Klimpl, Michael) (Entered: 03/14/2005)

RECAP
99 March 14, 2005

REPLY BRIEF re 86 MOTION for Partial Summary Judgment filed by Edward Swierczewski, Eugene Ginchereau, Herbik, PHS, Inc., ASG, Inc.. (Attachments: # 1 Exhibit(s) # 2 Proposed Order)(Campbell, A.) (Entered: 03/14/2005)

RECAP
100 March 14, 2005

SUR REPLY to REPLY to Response to Motion re 84 MOTION for Extension of Time to File Brief to 83 Brief in Opposition, filed 1/31/05 (Doc. #88) filed by Edward Swierczewski, Eugene Ginchereau, Herbik, PHS, Inc., ASG, Inc.. (Attachments: # 1 Exhibits A and B# 2 Exhibits C and D# 3 Exhibit E)(Campbell, A.) (Entered: 03/14/2005)

RECAP
101 March 17, 2005

ORDER - Pltf's 9 Motion to Extend Time to Submit an Expert Report is DENIED as premature. Signed by Judge Yvette Kane on March 17, 2005. (sc) (Entered: 03/17/2005)

RECAP
102 March 22, 2005

MOTION for Extension of Time to File Reply Briefs filed by Charles Iseley.(aaa ) (Entered: 03/22/2005)

RECAP

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Hepatitis C Treatment in Jails and Prisons

Key Dates

Filing Date: April 21, 2004

Closing Date: March 30, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A person incarcerated by the Pennsylvania Department of Corrections, with Hepatitis C.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Pennsylvania Department of Corrections

Defendant Type(s):

Corrections

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Middle District of Pennsylvania 1:04-cv-00861

U.S. Court of Appeals for the Third Circuit 06-02540

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Retaliation

Medical/Mental Health Care:

Hepatitis

Medical care, general

Medical care, unspecified

Medication, administration of

Recommended Citation