Case: Mack v. Lopes

2:87-cv-00221 | U.S. District Court for the District of Connecticut

Filed Date: March 20, 1987

Clearinghouse coding complete

Case Summary

This case was about the treatment and housing of prisoners with HIV infection at the Connecticut Correctional Institute at Somers (""CCI-Somers""). The initial action was filed on March 6, 1987 and amended twice in 1988. Plaintiffs were represented by private counsel (Allan Taylor and Deborah Chang of the firm Day, Berry & Howard). The action was certified as a class action on November 7, 1988 by Order of United States District Judge Jose A. Cabranes.There is no docket available, and the only d…

This case was about the treatment and housing of prisoners with HIV infection at the Connecticut Correctional Institute at Somers (""CCI-Somers""). The initial action was filed on March 6, 1987 and amended twice in 1988. Plaintiffs were represented by private counsel (Allan Taylor and Deborah Chang of the firm Day, Berry & Howard). The action was certified as a class action on November 7, 1988 by Order of United States District Judge Jose A. Cabranes.

There is no docket available, and the only document available is the Consent Judgment, dated August 8, 1989. The Consent Judgment is missing pages 14-22.

The Consent Judgment was intended to resolve disputes between the plaintiffs, individually and those similarly situated as present and future inmates who test positive for HIV and are confined on Hospital III at CCI-Somers, and the defendants, all of whom were officials and employees of the Connecticut Department of Correction. Hospital III is the third floor of the hospital unit at CCI-Somers, and is designated as the location for treatment and housing of in-patients for any period of time.

The Consent Judgment ordered that inmates not be segregated from the general population solely due to being HIV seropositive or the status of their HIV infection, but could be segregated when required by individual security or medical needs. It also ordered that patients housed on Hospital III for chronic care be provided recreation opportunities, access to the general and law library, opportunity to participate in institutional programs, visitation hours, and laundry and cleaning services.

The Consent Judgment also established standards aimed at improving medical care, including a system whereby medical records would be reviewed for adequacy of care. It also provided for mental health assessments of each HIV-infected inpatient upon admission to Hospital III, and referrals to the mental health unit where necessary.

An independent Monitoring Panel was established for the purpose of determining compliance with the Consent Judgment. The Panel was to consist of persons with appropriate knowledge and expertise in medical health care for HIV-infected inpatients, and was to consist of a member selected by the plaintiffs, a member selected by the defendants, and a neutral party selected by these members. The Panel was to reports its findings to both plaintiffs' and defendants' counsel, but the Court retained enforcement authority upon appropriate motion. The Monitoring Panel was to inspect Hospital III and the medical records of HIV-infected patients every six months, as well as conduct interviews and discussions with in-patients with their express consent.

The Consent Judgment was to remain in effect for four years, and any part of it could be extended upon a showing of good cause by the plaintiffs. If the panel determined that monitoring was no longer necessary because of the Department's compliance for two years, the monitoring could be discontinued or ordered at less frequent intervals.

There is no indication of the results of monitoring or whether the case was closed.

Summary Authors

Theresa Spaulding (5/29/2005)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18854603/parties/mack-v-lopes/


Judge(s)

Cabranes, José Alberto (Connecticut)

Attorneys(s) for Plaintiff

Chang, Deborah S. (Connecticut)

Taylor, Allan B. (Connecticut)

Attorneys(s) for Defendant

Lanoue, Michael J. (Connecticut)

Judge(s)

Cabranes, José Alberto (Connecticut)

Attorneys(s) for Plaintiff

Chang, Deborah S. (Connecticut)

Taylor, Allan B. (Connecticut)

Attorneys(s) for Defendant

Lanoue, Michael J. (Connecticut)

Documents in the Clearinghouse

Document

2:87-cv-00221

Docket

Oct. 7, 2005

Oct. 7, 2005

Docket

2:87-cv-00221

Consent Judgment

Smith v. Meachum

Aug. 8, 1989

Aug. 8, 1989

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18854603/mack-v-lopes/

Last updated June 9, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
234

MOTION by Rubba, Pitoniak, Orszak, McCarthy, Lopes, Johnson, Flood, Bronson, Blanchette for Order PUrs to Consent Judgment (Moore, P.) (Entered: 02/04/1992)

Jan. 30, 1992

Jan. 30, 1992

PACER

ENDORSEMENT granting [234-1] motion for Order Purs to Consent Judgment. Granted upon the consent of the parties. Purs to paragraph 80 of the Consent Judgment, the State of Connecticut shall pay $1000 each to Dr. John G. Gittzus, Dr. Brian Cooper, and Dr. Helen Crowe. ( signed by Judge Jose A. Cabranes ) (Moore, P.)

Feb. 4, 1992

Feb. 4, 1992

PACER
235

MOTION by Rubba, Pitoniak, Orszak, McCarthy, Lopes, Johnson, Flood, Bronson, Blanchette for approval of monitoring panel appointment (Brief Due 6/19/92 ) (Moore, P.) (Entered: 05/29/1992)

May 29, 1992

May 29, 1992

PACER

ENDORSEMENT granting [235-1] motion for approval of monitoring panel appointment. Dr. Frederick L. Altice shall be substituted for Dr. John Gilttzus as a member of the monitoring panel. ( signed by Judge Jose A. Cabranes ) (Moore, P.)

June 2, 1992

June 2, 1992

PACER
236

MOTION by Rubba, Pitoniak, Orszak, McCarthy, Lopes, Johnson, Flood, Bronson, Blanchette for approval of monitoring panel appointment (Smith, S.) (Entered: 09/30/1993)

Sept. 28, 1993

Sept. 28, 1993

PACER

ENDORSEMENT granting abs obj [236-1] motion for approval of monitoring panel appointment ( signed by Chief Judge Jose A. Cabranes ) (Smith, S.)

Oct. 1, 1993

Oct. 1, 1993

PACER

Case Details

State / Territory: Connecticut

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 20, 1987

Case Ongoing: No

Plaintiffs

Plaintiff Description:

prisoners with HIV at the Connecticut Correctional Institute who at any time since March 11, 1987 were subject to the care of the Commissioner of the CDOC.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Connecticut Correctional Institution (Somers), State

Case Details

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1989 - None

Issues

General:

Law library access

Library (non-law) access

Recreation / Exercise

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Visiting

Medical/Mental Health:

HIV/AIDS

Type of Facility:

Government-run