Case: Coleman-Bey v. United States

1:06-cv-01855 | U.S. District Court for the District of District of Columbia

Filed Date: Oct. 31, 2006

Closed Date: Sept. 11, 2007

Clearinghouse coding complete

Case Summary

Petitioner, a person in the custody of the Federal Bureau of Prisons incarcerated at the United States Penitentiary in Terre Haute, Indiana, originally filed this pro se petition for a writ of mandamus in the Superior Court of the District of Columbia on October 13, 2006.  The action was removed to the U.S. District Court for the District of Columbia on October 31, 2006 and assigned to U.S. District Judge John D. Bates.  Petitioner, who had Hepatitis C virus (HCV), alleged that the federal gove…

Petitioner, a person in the custody of the Federal Bureau of Prisons incarcerated at the United States Penitentiary in Terre Haute, Indiana, originally filed this pro se petition for a writ of mandamus in the Superior Court of the District of Columbia on October 13, 2006.  The action was removed to the U.S. District Court for the District of Columbia on October 31, 2006 and assigned to U.S. District Judge John D. Bates.  Petitioner, who had Hepatitis C virus (HCV), alleged that the federal government intentionally deprived him of adequate treatment for his HCV because he had not received medication or a liver biopsy.  He sought mandamus relief under 28 U.S.C. 1361, asking the Court to compel the government to provide the requested medical care.  

On February 20, 2007, the United States filed a motion to change venue, motion to dismiss, and motion for summary judgment.  On September 11, 2007, the court granted the government's motion for summary judgment and dismissed the action. Judge Bates reasoned that the petitioner failed to show deliberate indifference to a serious medical need, citing evidence that his treating physicians had reasonably determined that he was not a candidate for a liver biopsy because of his history of mental illness, and that he was not a eligible for interferon-based treatment based on lack of disease symptoms. The court explained that "the record ma[de] clear that respondent [was] aware of plaintiff's chronic HCV infection and that it ha[d] taken steps to monitor petitioner's condition and, where appropriate, to provide treatment," which was all that was required under the standard.  Thus, the court granted the government's motion for summary judgment and closed the case.   512 F.Supp.2d 44. 

Summary Authors

Tessa Bialek (3/17/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4205881/parties/coleman-bey-v-united-states/


Judge(s)

Bates, John D. (District of Columbia)

Documents in the Clearinghouse

Documents in this case
1

1:06-cv-01855

Notice of Removal of a Civil Action

Oct. 31, 2006

Oct. 31, 2006

Pleading / Motion / Brief
18

1:06-cv-01855

Memorandum Opinion

Sept. 11, 2007

Sept. 11, 2007

Order/Opinion

512 F.Supp.2d 44

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4205881/coleman-bey-v-united-states/

Last updated Aug. 24, 2026, 5:52 p.m.

Docket for: COLEMAN-BEY v. United States
ECF Number Date Description Link
1 Oct. 31, 2006

NOTICE OF REMOVAL by UNITED STATES OF AMERICA from Superior Court for the District of Columbia, case number 06CNC2327. ( Filing fee $ 0.00 )filed by UNITED STATES OF AMERICA. (Attachments: # (1) Civil Cover Sheet)(lc, )

RECAP
2 Nov. 7, 2006

MOTION for Extension of Time to File Answer by UNITED STATES OF AMERICA. (Attachments: # (1) Text of Proposed Order)(Fields, Rhonda)

RECAP
3 Nov. 14, 2006

MOTION to Remand to State Court by MONROE L. COLEMAN-BEY. (lc, )

RECAP
4 Nov. 16, 2006

ORDER denying [3] plaintiff's Motion to Remand. Signed by Judge John D. Bates on 11/16/06. (ms, )

RECAP
5 Nov. 16, 2006

Receipt on 11/16/06 of ORIGINAL FILE, certified copy of transfer order and docket sheet from Superior Court. Superior Court Number 06-2327. (tg, )

RECAP
7 Dec. 15, 2006

PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by MONROE L. COLEMAN-BEY (lc, )

RECAP
6 Dec. 18, 2006

MOTION to Appoint Counsel by MONROE L. COLEMAN-BEY. (lc, )

RECAP
8 Dec. 22, 2006

ORDER denying without prejudice [6] plaintiff's Motion to Appoint Counsel. Signed by Judge John D. Bates on 12/21/06. (ms, )

RECAP
9 Jan. 8, 2007

ANSWER to Complaint by UNITED STATES OF AMERICA. Related document: [1] Notice of Removal filed by UNITED STATES OF AMERICA,.(Fields, Rhonda)

RECAP
10 Jan. 10, 2007

ORDER directing defendant to file a dispositive motion by February 15, 2007. Signed by Judge John D. Bates on 1/10/07. (ms, )

RECAP
11 Jan. 31, 2007

RESPONSE re [9] Answer to Complaint filed by MONROE L. COLEMAN-BEY. (lc, )

RECAP
12 Feb. 5, 2007

Civil Statement from MONROE L. COLEMAN-BEY. (lc, )

RECAP
13 Feb. 15, 2007

MOTION for Extension of Time to file dispositive motion by UNITED STATES OF AMERICA. (Attachments: # (1) Text of Proposed Order)(Fields, Rhonda)

RECAP
14 Feb. 20, 2007

MOTION to Change Venue, MOTION to Dismiss or in the alternative, MOTION for Summary Judgment by UNITED STATES OF AMERICA. (Attachments: # (1) Webster Dec.# (2) Plumley Dec.# (3) BOP Guidelines excerpt# (4) Exhibits A-C# (5) alternative proposed orders)(Fields, Rhonda)

RECAP
15 Feb. 21, 2007

Order advising plaintiff to respond to defendant's motion to dismiss or, in the alternative, for summary judgment, or the Court may deem the motion conceded. Plaintiff's opposition is due by 3/23/2007. Signed by Judge John D. Bates on 2/21/07. (ms, )

RECAP
16 Feb. 26, 2007

NOTICE of additional exhibit by MONROE L. COLEMAN-BEY re [1] Notice of Removal (lc, )

RECAP
17 March 12, 2007

Memorandum in opposition to re [14] MOTION to Change Venue MOTION to Dismiss or in the alternative MOTION for Summary Judgment filed by MONROE L. COLEMAN-BEY. (Attachments: # (1) Affidavit # (2) Exhibit # (3) Text of Proposed Order # (4) Text of Proposed Order)(lc, )

RECAP
18 Sept. 11, 2007

MEMORANDUM AND OPINION. Signed by Judge John D. Bates on 9/11/07. (ms, )

RECAP
19 Sept. 11, 2007

ORDER denying [14] Motion to Change Venue; denying [14] Motion to Dismiss; granting [14] Motion for Summary Judgment. Signed by Judge John D. Bates on 9/11/07. (ms, )

RECAP

Case Details

State / Territory:

District of Columbia

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Hepatitis C Treatment in Jails and Prisons

Key Dates

Filing Date: Oct. 31, 2006

Closing Date: Sept. 11, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A person in federal custody 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

Federal

United States

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

District of District of Columbia 1:06-cv-01855

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

Medical/Mental Health Care:

Hepatitis

Medical care, general

Medication, administration of

Recommended Citation