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)

Kane, Yvette (Pennsylvania)

Attorney for Plaintiff

Iseley, Charles (Pennsylvania)

Attorney for Defendant

Campbell, A. Tracey (Pennsylvania)

Dorian, Raymond W. (Pennsylvania)

Foreman, Samuel H. (Pennsylvania)

show all people

Documents in the Clearinghouse

Document
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 March 10, 2024, 4:05 a.m.

ECF Number Description Date Link Date / Link
1

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

April 21, 2004

April 21, 2004

Clearinghouse
2

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

April 21, 2004

April 21, 2004

PACER
3

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

April 21, 2004

April 21, 2004

PACER
4

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

April 21, 2004

April 21, 2004

PACER
5

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

April 21, 2004

April 21, 2004

PACER
6

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)

April 21, 2004

April 21, 2004

PACER
7

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

April 21, 2004

April 21, 2004

PACER
8

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)

April 21, 2004

April 21, 2004

PACER
9

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

April 21, 2004

April 21, 2004

PACER
10

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

April 21, 2004

April 21, 2004

PACER
11

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

April 22, 2004

April 22, 2004

PACER
12

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)

June 23, 2004

June 23, 2004

PACER

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, )

June 24, 2004

June 24, 2004

PACER
13

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)

Aug. 12, 2004

Aug. 12, 2004

PACER
14

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)

Aug. 16, 2004

Aug. 16, 2004

PACER
15

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)

Aug. 16, 2004

Aug. 16, 2004

PACER
16

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)

Aug. 17, 2004

Aug. 17, 2004

PACER
17

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)

Aug. 17, 2004

Aug. 17, 2004

PACER
18

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)

Aug. 17, 2004

Aug. 17, 2004

PACER
19

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

Aug. 27, 2004

Aug. 27, 2004

PACER
20

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)

Aug. 30, 2004

Aug. 30, 2004

PACER
21

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)

Aug. 31, 2004

Aug. 31, 2004

PACER
22

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)

Aug. 31, 2004

Aug. 31, 2004

PACER
23

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

Sept. 1, 2004

Sept. 1, 2004

PACER
24

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

Sept. 1, 2004

Sept. 1, 2004

PACER
25

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

Sept. 3, 2004

Sept. 3, 2004

PACER
26

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)

Sept. 3, 2004

Sept. 3, 2004

PACER
27

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)

Sept. 3, 2004

Sept. 3, 2004

PACER
28

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

Sept. 7, 2004

Sept. 7, 2004

PACER
29

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)

Sept. 7, 2004

Sept. 7, 2004

PACER
31

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)

Sept. 8, 2004

Sept. 8, 2004

PACER
30

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)

Sept. 9, 2004

Sept. 9, 2004

PACER
32

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)

Sept. 9, 2004

Sept. 9, 2004

PACER
33

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)

Sept. 10, 2004

Sept. 10, 2004

PACER
34

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

Sept. 10, 2004

Sept. 10, 2004

PACER
35

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)

Sept. 13, 2004

Sept. 13, 2004

PACER
36

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)

Sept. 13, 2004

Sept. 13, 2004

PACER
37

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

Sept. 13, 2004

Sept. 13, 2004

PACER
38

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)

Sept. 13, 2004

Sept. 13, 2004

PACER
39

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)

Sept. 13, 2004

Sept. 13, 2004

PACER
40

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)

Sept. 13, 2004

Sept. 13, 2004

PACER
41

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

Sept. 13, 2004

Sept. 13, 2004

PACER
42

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)

Sept. 14, 2004

Sept. 14, 2004

PACER
43

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)

Sept. 17, 2004

Sept. 17, 2004

PACER
44

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)

Sept. 20, 2004

Sept. 20, 2004

PACER
45

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)

Sept. 22, 2004

Sept. 22, 2004

PACER
46

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

Sept. 23, 2004

Sept. 23, 2004

PACER
47

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)

Sept. 24, 2004

Sept. 24, 2004

PACER
48

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)

Sept. 28, 2004

Sept. 28, 2004

PACER
49

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

Sept. 29, 2004

Sept. 29, 2004

PACER
50

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

Sept. 29, 2004

Sept. 29, 2004

PACER
51

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)

Sept. 29, 2004

Sept. 29, 2004

PACER
53

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)

Oct. 1, 2004

Oct. 1, 2004

PACER
57

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)

Oct. 1, 2004

Oct. 1, 2004

PACER
54

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)

Oct. 4, 2004

Oct. 4, 2004

PACER
55

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)

Oct. 7, 2004

Oct. 7, 2004

PACER
56

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

Oct. 12, 2004

Oct. 12, 2004

PACER
58

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)

Nov. 3, 2004

Nov. 3, 2004

PACER
59

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)

Nov. 3, 2004

Nov. 3, 2004

PACER
60

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)

Nov. 10, 2004

Nov. 10, 2004

PACER
61

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

Nov. 22, 2004

Nov. 22, 2004

PACER
62

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)

Nov. 22, 2004

Nov. 22, 2004

PACER
63

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)

Nov. 22, 2004

Nov. 22, 2004

PACER
64

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)

Nov. 23, 2004

Nov. 23, 2004

PACER
65

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)

Dec. 8, 2004

Dec. 8, 2004

PACER
66

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

Dec. 8, 2004

Dec. 8, 2004

PACER
67

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)

Dec. 10, 2004

Dec. 10, 2004

PACER
71

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)

Dec. 10, 2004

Dec. 10, 2004

PACER
72

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)

Dec. 10, 2004

Dec. 10, 2004

PACER

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, )

Dec. 13, 2004

Dec. 13, 2004

PACER
73

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

Dec. 13, 2004

Dec. 13, 2004

PACER
74

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

Dec. 13, 2004

Dec. 13, 2004

PACER
75

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)

Dec. 13, 2004

Dec. 13, 2004

PACER
76

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)

Dec. 14, 2004

Dec. 14, 2004

PACER
77

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)

Dec. 27, 2004

Dec. 27, 2004

PACER
78

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)

Dec. 29, 2004

Dec. 29, 2004

PACER
79

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)

Dec. 29, 2004

Dec. 29, 2004

PACER
80

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)

Dec. 29, 2004

Dec. 29, 2004

PACER
81

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)

Dec. 29, 2004

Dec. 29, 2004

PACER
82

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)

Dec. 30, 2004

Dec. 30, 2004

PACER
83

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)

Jan. 6, 2005

Jan. 6, 2005

PACER
84

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

Jan. 10, 2005

Jan. 10, 2005

PACER
85

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

Jan. 27, 2005

Jan. 27, 2005

PACER
86

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

Jan. 31, 2005

Jan. 31, 2005

PACER
87

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)

Jan. 31, 2005

Jan. 31, 2005

PACER
88

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)

Jan. 31, 2005

Jan. 31, 2005

PACER
89

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)

Feb. 4, 2005

Feb. 4, 2005

PACER
90

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)

Feb. 10, 2005

Feb. 10, 2005

PACER
91

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)

Feb. 11, 2005

Feb. 11, 2005

PACER
92

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)

Feb. 11, 2005

Feb. 11, 2005

PACER
93

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)

Feb. 14, 2005

Feb. 14, 2005

PACER
94

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)

Feb. 15, 2005

Feb. 15, 2005

PACER
95

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)

Feb. 16, 2005

Feb. 16, 2005

PACER
96

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)

March 9, 2005

March 9, 2005

PACER
97

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)

March 14, 2005

March 14, 2005

PACER
98

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)

March 14, 2005

March 14, 2005

PACER
99

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)

March 14, 2005

March 14, 2005

PACER
100

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)

March 14, 2005

March 14, 2005

PACER
101

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)

March 17, 2005

March 17, 2005

PACER
102

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

March 22, 2005

March 22, 2005

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

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

Pennsylvania Department of Corrections, State

Defendant Type(s):

Jurisdiction-wide

Corrections

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

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

General/Misc.:

Retaliation

Medical/Mental Health Care:

Hepatitis

Medical care, general

Medical care, unspecified

Medication, administration of