Case: Leatherwood v. Campbell

7:02-cv-02812 | U.S. District Court for the Northern District of Alabama

Filed Date: Nov. 18, 2002

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On November 18, 2002, HIV positive inmates at the Limestone Correctional Facility in Capshaw, Alabama filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court Northern District of Alabama to challenge their treatment and conditions of confinement. Plaintiffs, represented by the Southern Center for Human Rights and private civil rights attorneys, alleged that they were denied adequate medical treatment and were subjected to deplorable living conditions. Defendants i…

On November 18, 2002, HIV positive inmates at the Limestone Correctional Facility in Capshaw, Alabama filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court Northern District of Alabama to challenge their treatment and conditions of confinement. Plaintiffs, represented by the Southern Center for Human Rights and private civil rights attorneys, alleged that they were denied adequate medical treatment and were subjected to deplorable living conditions. Defendants included officials of the Alabama Department of Corrections [DOC] and NaphCare, Inc., a private health care company that contracted with the DOC to provide healthcare services at Limestone. Plaintiffs sought declaratory and injunctive relief, as well as class certification.

Following plaintiffs' lawsuit, an audit report addressing the medical treatment provided to HIV positive inmates confined at Limestone was prepared by Moore and Associates, an independent entity that was hired to assess the performance of NaphCare under its contract with the DOC. The audit report noted many deficiencies in the care provided and found that the number of AIDS related deaths at Limestone (reportedly 36 deaths from 1992 to 2002) was remarkably high compared to averages reported by other correctional institutions. Plaintiffs filed a second amended complaint on April 2, 2003, which cited various findings and the conclusion reported by Moore and Associates in its audit report. NaphCare moved to dismiss.

The District Court Judge Karon O. Bowdre certified the case as a class action on January 27, 2004. NaphCare was dismissed from the case without prejudice, with the dismissal contingent on NaphCare complying with all standing discovery orders. The case was then referred to mediation. The parties eventually arrived at a settlement.

On May 6, 2004, the parties filed a joint motion to approve the Settlement Agreement. A fairness hearing was held on May 26, 2004 before Magistrate Judge John E. Ott. Judge Ott issued a report and recommendation that the Court adopt the Settlement Agreement. The District Court issued a memorandum opinion and order approving the Settlement Agreement on June 24, 2004.

The Settlement Agreement specified numerous changes to be made by the DOC relative to the delivery of health care at Limestone, including the hiring of an HIV Specialist to provide treatment to HIV infected prisoners and a full time registered nurse to serve as the "HIV Coordinator" in charge of infection control. An additional medical doctor was to be hired to treat non-HIV positive inmates. The Agreement was set to terminate two years after its final approval. The District Court retained jurisdiction over the case to enforce the agreement and appointed Magistrate Judge Ott as Special Master to oversee the remedial phase. Dr. Joseph Bick was appointed as the independent medical consultant. By separate agreement of the parties, attorneys' fees and costs in the amount of $410,000.00 were awarded to class counsel.

During the remediation phase, plaintiffs moved for an order of contempt for the DOC's alleged non-compliance with the Settlement Agreement. In January 2006, The District Court (Judge Bowdre) denied the motion as moot and ordered Dr. Bick to conduct an audit at Limestone in November 2006 and to issue a written report on his findings. The parties were advised to file any motions to terminate or extend the Settlement Agreement within 30 days of its June 26, 2006 termination date.

On April 5, 2006 Judge Ott issued an order preserving the confidentiality of all medical records incorporated in "mortality reviews"provided to Dr. Bick and extended the confidentiality requirements in perpetuity. On April 26, 2007 the State of Alabama was ordered to pay Dr. Bick $4,000 for his last quarterly evaluation. There have been no updates as of October 7, 2018, and the case is now closed.

Additional case information can be accessed at the website of the Southern Center for Human Rights (http://www.schr.org/).

Summary Authors

Dan Dalton (5/12/2007)

People


Judge(s)

Bowdre, Karon O. (Alabama)

Ott, John E. (Alabama)

Attorneys(s) for Plaintiff

Anania, Francis A. (Florida)

Hanlon, Stephen F (District of Columbia)

Lipman, David Michael (Florida)

Rohr, Gretchen Naomi (Georgia)

Attorneys(s) for Defendant

Addison, William F. (Alabama)

Butler, Albert Sims (Alabama)

Crook, Charles M. (Alabama)

Kelly, T. Scott (Alabama)

Judge(s)

Bowdre, Karon O. (Alabama)

Ott, John E. (Alabama)

Attorneys(s) for Plaintiff

Anania, Francis A. (Florida)

Hanlon, Stephen F (District of Columbia)

Lipman, David Michael (Florida)

Rohr, Gretchen Naomi (Georgia)

Attorneys(s) for Defendant

Addison, William F. (Alabama)

Butler, Albert Sims (Alabama)

Crook, Charles M. (Alabama)

Kelly, T. Scott (Alabama)

Murrill, James Edward Jr. (Alabama)

Patton, James Arthur Jr. (Alabama)

Perkins, Giles G. (Alabama)

Pryor, William Holcombe Jr. (Alabama)

Redd, Andrew Weldon (Alabama)

Thomas, Kim Tobias (Alabama)

Documents in the Clearinghouse

Document

7:02-cv-02812

Docket (PACER)

Leatherwood v. Haley

April 26, 2007

April 26, 2007

Docket
55

7:02-cv-02812

Second Amended Complaint

April 2, 2003

April 2, 2003

Complaint

7:02-cv-02812

Expert Report of Stephen Tabet, M.D., MPH

Aug. 26, 2003

Aug. 26, 2003

Monitor/Expert/Receiver Report

7:02-cv-02812

Supplemental Report of Stephen Tabet, M.D., MPH

March 11, 2004

March 11, 2004

Monitor/Expert/Receiver Report

7:02-cv-02812

Settlement Agreement

April 29, 2004

April 29, 2004

Settlement Agreement
152

7:02-cv-02812

Joint Motion to Adopt Settlement Agreement and Provide for Special Master

May 7, 2004

May 7, 2004

Pleading / Motion / Brief
163

7:02-cv-02812

Magistrate Judge's Report and Recommendation

June 2, 2004

June 2, 2004

Order/Opinion
165

7:02-cv-02812

Memorandum and Opinion Order

June 24, 2004

June 24, 2004

Order/Opinion
174

7:02-cv-02812

Parties' Joint Modification of the Settlement Agreement

Nov. 30, 2004

Nov. 30, 2004

Settlement Agreement
182

7:02-cv-02812

Order

Jan. 3, 2005

Jan. 3, 2005

Order/Opinion

Resources

Docket

Last updated Aug. 15, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed, amount paid $ 150.00, receipt # 200 184694 (KWC) (Entered: 11/19/2002)

Nov. 18, 2002

Nov. 18, 2002

SUMMONS and complaint issued -ret to pla (KWC) (Entered: 11/19/2002)

Nov. 18, 2002

Nov. 18, 2002

2

NOTICE of related case, CV 02-C-1517-W filed by plaintiff (KWC) (Entered: 11/19/2002)

Nov. 18, 2002

Nov. 18, 2002

3

MOTION by plaintiff for expedited discovery filed cs (KWC) (Entered: 11/19/2002)

Nov. 18, 2002

Nov. 18, 2002

REMARK - sent phv letters (KWC) (Entered: 11/19/2002)

Nov. 19, 2002

Nov. 19, 2002

4

MOTION by plas for attorney David M. Lipman to appear pro hac vice (fee pd) filed cs (KWC) (Entered: 11/26/2002)

Nov. 26, 2002

Nov. 26, 2002

PRO HAC VICE admission fee for David Lipman paid on 11/26/02 receipt # 200 184945 (KWC) (Entered: 11/26/2002)

Nov. 26, 2002

Nov. 26, 2002

5

ORDER granting motion for expedited discovery [3-1] dfts ORDERED to provide plas medical records requested in pla's motion w/i 15 days filed ( by Judge Karon O. Bowdre ) cm (MAA) (Entered: 11/26/2002)

Nov. 26, 2002

Nov. 26, 2002

6

MOTION by plas for attorney Stephen F Hanlon to appear pro hac vice (fee pd) filed cs (KWC) (Entered: 11/27/2002)

Nov. 26, 2002

Nov. 26, 2002

PRO HAC VICE admission fee $50 for atty Stephen Hanlon paid on 11/26/02 receipt # 200 184974 (KWC) (Entered: 11/27/2002)

Nov. 26, 2002

Nov. 26, 2002

7

4- ORDER granting motion for attorney David M. Lipman to appear pro hac vice [4-1] ( by Judge Karon O. Bowdre ) entered cm (KWC) (Entered: 11/27/2002)

Nov. 26, 2002

Nov. 26, 2002

9

MOTION by plas for attorney Francis A Anania to appear pro hac vice (fee pd) filed cs (KWC) (Entered: 12/02/2002)

Nov. 29, 2002

Nov. 29, 2002

8

6 - ORDER granting motion for attorney Stephen F Hanlon to appear pro hac vice [6-1] ( by Judge Karon O. Bowdre ) entered cm (KWC) (Entered: 12/02/2002)

Dec. 2, 2002

Dec. 2, 2002

PRO HAC VICE admission fee $50 for atty Francis A Anania paid on 12/02/02 receipt # 200 185049 (KWC) (Entered: 12/02/2002)

Dec. 2, 2002

Dec. 2, 2002

10

9 - ORDER granting motion for attorney Francis A Anania to appear pro hac vice [9-1] ( by Judge Karon O. Bowdre ) entered cm (KWC) (Entered: 12/03/2002)

Dec. 2, 2002

Dec. 2, 2002

11

ANSWER by defendant Michael Haley, defendant Ronald Cavanaugh, defendant Billy Mitchem, defendant David Wise w/appear by atty(s) Andrew W Redd filed cs (KWC) (Entered: 12/26/2002)

Dec. 26, 2002

Dec. 26, 2002

12

Initial ORDER governing proceedings in this action; parties are reminded of their obligations under FRCP 26 filed ( by Judge Karon O. Bowdre ) cm (KWC) (Entered: 12/31/2002)

Dec. 31, 2002

Dec. 31, 2002

13

MOTION by plas for class certification filed cs (KWC) (Entered: 01/06/2003)

Jan. 6, 2003

Jan. 6, 2003

14

Memorandum of law (BRIEF) by plas in support of plas' motion for class certification filed cs (KWC) (Entered: 01/06/2003)

Jan. 6, 2003

Jan. 6, 2003

15

SUMMONS and complaint returned executed: upon defendant David Wise on 11/25/02 w/ affidavit of lost original summons filed (KWC) (Entered: 01/14/2003)

Jan. 13, 2003

Jan. 13, 2003

16

SUMMONS and complaint returned executed: upon defendant Collette Simon on 11/25/02 w/attached afdvt of lost original summons filed (KWC) (Entered: 01/14/2003)

Jan. 13, 2003

Jan. 13, 2003

17

SUMMONS and complaint returned executed: upon defendant Billy Mitchem on 12/10/02 w/attached afdvt of lost original summons filed (KWC) (Entered: 01/14/2003)

Jan. 13, 2003

Jan. 13, 2003

18

SUMMONS and complaint returned executed by pla: upon defendant Michael Haley on 11/22/02 filed (KWC) (Entered: 01/21/2003)

Jan. 21, 2003

Jan. 21, 2003

19

SUMMONS and complaint returned executed by pla: upon defendant NaphCare, Inc. on 11/20/02 filed (KWC) Modified on 01/21/2003 (Entered: 01/21/2003)

Jan. 21, 2003

Jan. 21, 2003

20

SUMMONS and complaint returned executed by pla: upon defendant Ronald Cavanaugh on 11/22/02 filed (KWC) (Entered: 01/21/2003)

Jan. 21, 2003

Jan. 21, 2003

21

SUMMONS and complaint returned executed by pla: upon defendant Francis Henderson on 12/2/02 filed (KWC) (Entered: 01/21/2003)

Jan. 21, 2003

Jan. 21, 2003

22

MOTION by plas for order for on-site physical exam of class members by their medical expert filed cs (KWC) (Entered: 01/22/2003)

Jan. 22, 2003

Jan. 22, 2003

23

MOTION by plas for order to photograph and video record conditions of confinement and photograph on-site physical exam of class members by their medical expert filed cs (KWC) (Entered: 01/22/2003)

Jan. 22, 2003

Jan. 22, 2003

24

MOTION by plas for order to shorten time for dfts to answer discovery and provide medical records to plas' expert during physical exam of class members filed cs (KWC) (Entered: 01/31/2003)

Jan. 31, 2003

Jan. 31, 2003

25

MOTION by plas for order to enforce this court's order of Nov. 26, 2002 relating to production of medical records filed cs (KWC) (Entered: 01/31/2003)

Jan. 31, 2003

Jan. 31, 2003

26

ANSWER by defendant NaphCare, Inc., defendant Francis Henderson, defendant Collette Simon w/appear by atty(s) Giles G Perkins, James A Patton Jr, J E Murrill Jr filed cs (KWC) (Entered: 02/03/2003)

Jan. 31, 2003

Jan. 31, 2003

28

NOTICE of appearance for defendant NaphCare, Inc., defendant Francis Henderson, defendant Collette Simon by T Scott Kelly filed cs (KWC) (Entered: 02/13/2003)

Feb. 13, 2003

Feb. 13, 2003

29

MOTION by plas to drop party Collette Simon filed cs (KWC) (Entered: 02/18/2003)

Feb. 18, 2003

Feb. 18, 2003

30

MOTION by plas to substitute parties , and for leave to amend complaint (amd cmp att) filed cs (KWC) (Entered: 02/18/2003)

Feb. 18, 2003

Feb. 18, 2003

31

MOTION by plaintiff for release of medical records filed cs (KWC) (Entered: 02/18/2003)

Feb. 18, 2003

Feb. 18, 2003

32

MOTION by plas for order to shorten time to responsd to motion for release of medical records filed cs (KWC) (Entered: 02/18/2003)

Feb. 18, 2003

Feb. 18, 2003

33

MOTION by plas for order to photograph and video record various conditions at Limestone Corr Fac filed cs (KWC) (Entered: 02/18/2003)

Feb. 18, 2003

Feb. 18, 2003

34

MOTION by plas for order to shorten time to respond to motion to photograph and video record various conditions at Limestone Corr Fac filed cs (KWC) (Entered: 02/18/2003)

Feb. 18, 2003

Feb. 18, 2003

35

Opposition to plas' motion to photograph and video record various conditions at Limestone Corr Fac and MOTION by defendant NaphCare, Inc., defendant Francis Henderson for protective order filed cs (KWC) (Entered: 02/21/2003)

Feb. 21, 2003

Feb. 21, 2003

36

33- ORDER granting motion for order to photograph and video record various conditions at Limestone Corr Fac [33-1] ( by Judge Karon O. Bowdre ) entered cm (KWC) (Entered: 02/21/2003)

Feb. 21, 2003

Feb. 21, 2003

37

35- ORDER denying motion for protective order [35-1] ( by Judge Karon O. Bowdre ) entered cm (KWC) (Entered: 02/21/2003)

Feb. 21, 2003

Feb. 21, 2003

38

34- ORDER finding the motion for order to shorten time to respond to motion to photograph and video record various conditions at Limestone Corr Fac [34-1] moot ( by Judge Karon O. Bowdre ) entered cm (KWC) (Entered: 02/21/2003)

Feb. 21, 2003

Feb. 21, 2003

39

32- ORDER granting motion for order to shorten time to responsd to motion for release of medical records [32-1] ( by Judge Karon O. Bowdre ) entered cm (KWC) (Entered: 02/21/2003)

Feb. 21, 2003

Feb. 21, 2003

40

31- ORDER granting motion for release of medical records [31-1] ( by Judge Karon O. Bowdre ) entered cm (KWC) (Entered: 02/21/2003)

Feb. 21, 2003

Feb. 21, 2003

41

30- ORDER granting motion to substitute parties [30-1], granting motion for leave to amend complaint [30-2] ( by Judge Karon O. Bowdre ) entered cm (KWC) (Entered: 02/24/2003)

Feb. 21, 2003

Feb. 21, 2003

42

AMENDED complaint filed by plas [1-1]; terming party Francis Henderson, terming party Michael Haley; adding Donal Campbell and James Francis Delong as dfts filed cs (KWC) (Entered: 02/24/2003)

Feb. 24, 2003

Feb. 24, 2003

43

ORDER granting motion to drop party Collette Simon [29-1] filed ( by Judge Karon O. Bowdre ) cm (KWC) (Entered: 02/24/2003)

Feb. 24, 2003

Feb. 24, 2003

DOCKET modification (utility event) terminating party Collette Simon per order doc #43 (KWC) (Entered: 02/24/2003)

Feb. 24, 2003

Feb. 24, 2003

44

OBJECTIONS by defendant Ronald Cavanaugh, defendant Billy Mitchem, defendant David Wise to plas' motion to photograph and video [33-1] filed cs (KWC) (Entered: 02/24/2003)

Feb. 24, 2003

Feb. 24, 2003

45

MOTION by dfts for pre-certification discovery filed cs (KWC) (Entered: 03/03/2003)

Feb. 28, 2003

Feb. 28, 2003

46

First amended ANSWER and affirmative defenses by dft NaphCare, Inc., dft James Francis Delong filed cs (KWC) (Entered: 03/03/2003)

Feb. 28, 2003

Feb. 28, 2003

47

MOTION by defendant NaphCare, Inc., defendant James Francis Delong to quash subpoenas to Roger Childers, Larry Mendel and Jacqueline Moore filed w/exh attached cs (KSS) (Entered: 03/05/2003)

March 5, 2003

March 5, 2003

48

MOTION by defendant NaphCare, Inc., defendant James Francis Delong for court inspection of Limestone Corr Fac filed cs (KWC) (Entered: 03/07/2003)

March 6, 2003

March 6, 2003

49

MOTION by plas for order declaring dfts' motion to quash subpoenas as listed moot filed cs (KWC) (Entered: 03/12/2003)

March 12, 2003

March 12, 2003

50

MOTION by defendants for scheduling conference or in alternative, for entry of ddls/limitations agreed upon filed cs (KWC) (Entered: 03/24/2003)

March 24, 2003

March 24, 2003

51

MOTION by plas to compel production of addt'l deceased inmates' medical records filed cs (KWC) (Entered: 03/25/2003)

March 25, 2003

March 25, 2003

52

MOTION by plas to expedite response to plas' motion to produce addt'l inmates' medical records filed cs (KWC) (Entered: 03/25/2003)

March 25, 2003

March 25, 2003

53

MOTION by plas for leave to amend complaint (2nd amd cmp attached) filed cs (KWC) (Entered: 03/26/2003)

March 26, 2003

March 26, 2003

54

53- ORDER granting motion for leave to amend complaint [53-1] ( by Judge Karon O. Bowdre ) entered cm (KWC) (Entered: 04/02/2003)

April 2, 2003

April 2, 2003

55

Second AMENDED complaint filed by plaintiffs [42-1] filed cs (KWC) (Entered: 04/02/2003)

April 2, 2003

April 2, 2003

57

Scheduling ORDER that discovery cutoff 11/28/03; pla ddl amd/join 08/04/03; dft ddl amd/join 08/18/03; joint status rpt ddl 09/15/03; dispositive mtn ddl 01/15/04; submissions should comply with attached exh A; by Judge Karon O. Bowdre entered cm (KWC) (Entered: 04/04/2003)

April 4, 2003

April 4, 2003

DOCKET modification (utility event) terminating motion for scheduling conference [50-1] per order doc #57 (KWC) (Entered: 04/04/2003)

April 4, 2003

April 4, 2003

58

MOTION by plas to amend sched order of 04/04/03 , or in alternative, Motion for scheduling conference pursuant to Rule 16 FRCP filed cs (KWC) (Entered: 04/07/2003)

April 7, 2003

April 7, 2003

59

RESPONSE (answers to plas' 5th req for prod) by defendant NaphCare, Inc., defendant James Francis Delong to order [56-1] filed cm (KWC) (Entered: 04/11/2003)

April 10, 2003

April 10, 2003

60

RESPONSE by defendant Donal Campbell, defendant Ronald Cavanaugh, defendant Billy Mitchem, defendant David Wise to order [56-1] for fifth req for prod filed cs (KWC) (Entered: 04/11/2003)

April 11, 2003

April 11, 2003

61

RESPONSE by defendants in opposition to plas' motion to amend sched order of 04/04/03 [58-1], motion for scheduling conference [58-2] filed cs (KWC) (Entered: 04/16/2003)

April 16, 2003

April 16, 2003

62

RESPONSE by Dept of Corrections' defendants to order [56-1] (pla's 3rd req for production of docs) filed cs (KWC) (Entered: 04/23/2003)

April 23, 2003

April 23, 2003

63

Second amended ANSWER by defendant NaphCare, Inc., defendant James Francis Delong filed cs (KWC) (Entered: 04/24/2003)

April 23, 2003

April 23, 2003

64

ANSWER to plas' second amd cmp by defendant Ronald Cavanaugh, defendant Billy Mitchem, defendant David Wise filed cs (KWC) (Entered: 04/25/2003)

April 25, 2003

April 25, 2003

65

RESPONSE by plaintiffs to dft Naphcare, Inc and Delong, interrogatories & request for prod to plas on issue of class cert w/att exhs filed cs (KWC) Modified on 04/29/2003 (Entered: 04/29/2003)

April 29, 2003

April 29, 2003

66

Supplemental memorandum (BRIEF) in support of motion for class certification by plas filed cs (KWC) (Entered: 06/02/2003)

June 2, 2003

June 2, 2003

67

MOTION by movant Roger Childers to quash or modify subpoena, for protective order or for other relief filed cs (KWC) (Entered: 06/16/2003)

June 16, 2003

June 16, 2003

68

MOTION by defendant NaphCare, Inc. for order to enforce subpoena issued to Roger Childers filed cs (KWC) (Entered: 06/20/2003)

June 19, 2003

June 19, 2003

69

ORDER Status conference to be held on 10:30 7/14/03 in chambers filed ( by Judge Karon O. Bowdre ) cm (KWC) (Entered: 07/09/2003)

July 9, 2003

July 9, 2003

COURTROOM NOTES: Status/motion hearing held on 7/24/03 BOWDRE - written order to be entered - Teresa Roberson, rptr (PRW) (Entered: 07/24/2003)

July 24, 2003

July 24, 2003

71

Unopposed modified and/or supplemental MOTION by plas to produce addt'l deceased inmates medical records (fifth req for prod of docs) filed cs (KWC) (Entered: 07/31/2003)

July 31, 2003

July 31, 2003

72

ORDER that parties submit a brief Joint status rpt addressing class certification by (Notice of Compliance) ddl 9/15/03; In-court hearing on moiton to class cert (doc #13) set for 2:00 10/3/03 in Crtrm 5-A briefs on the issue are by by 09/18/03 430pm; reply briefs due by 09/25/03 430pm; submissions should comply with attached exh A to sched order; filed ( by Judge Karon O. Bowdre ) cm (KWC) (Entered: 08/01/2003)

Aug. 1, 2003

Aug. 1, 2003

73

ORDER finding the motion to quash subpoenas to Roger Childers, Larry Mendel and Jacqueline Moore [47-1] moot; finding the motion for order declaring dfts' motion to subpoenas as listed moot [49-1]; moot finding the motion to quash or modify subpoena, for protective order or for other relief [67-1] moot; finding the motion for order to enforce subpoena issued to Roger Childers [68-1] moot; finding the motion to compel production of addt'l deceased inmates' medical records [51-1] moot; granting motion for pre-certification discovery [45-1]; granting motion for order declaring dfts' motion to quash subpoenas as listed moot [49-1]; granting motion to amend sched order of 04/04/03 [58-1]; granting motion for scheduling conference [58-2]; granting motion to produce addt'l deceased inmates medical records (fifth req for prod of docs) [71- 1]; filed by Judge Karon O. Bowdre ) cm (KWC) (Entered: 08/01/2003)

Aug. 1, 2003

Aug. 1, 2003

74

Amended Scheduling ORDER that discovery cutoff 11/1/03; dispositive mtn ddl 11/15/03; other ddls as set out; by Judge Karon O. Bowdre entered cm (KWC) (Entered: 08/01/2003)

Aug. 1, 2003

Aug. 1, 2003

75

ORDER Case referred to Magistrate-Judge John E. Ott for mediation filed ( by Judge Karon O. Bowdre ) cm (KWC) (Entered: 08/19/2003)

Aug. 19, 2003

Aug. 19, 2003

76

NOTICE of filing expert report of Dr. Stephen Tabet on behalf of plas filed by plaintiffs [1 vol bound notebook] cs (KWC) (Entered: 08/28/2003)

Aug. 27, 2003

Aug. 27, 2003

77

MOTION by plaintiffs for protective order , or in alternative, for order to seal attachment II of expert report of Dr. Stephen Tabet filed on behalf of plas filed cs (KWC) (Entered: 08/28/2003)

Aug. 27, 2003

Aug. 27, 2003

78

ORDER In-court hearing set for 10/3/03 is rescheduled to 9:30am 11/21/03 filed ( by Judge Karon O. Bowdre ) cm (BST) (Entered: 09/02/2003)

Sept. 2, 2003

Sept. 2, 2003

79

OPPOSITION by defendant NaphCare, Inc., defendant James Francis Delong to plas' motion to compel and for protective order [77-1] filed cs (KWC) (Entered: 09/05/2003)

Sept. 5, 2003

Sept. 5, 2003

80

ORDER it is hereby ORDERED that this matter is SET for mediation on 9/29/03 at 10:00 a.m., in chambers of the undersigned magistrate judge, Hugo L. Black U.S. Courthouse, Birmingham, Alabama; information parties would like to submit must be submitted by 9/24/03 and marked CONFIDENTIAL filed ( by Magistrate-Judge John E. Ott ) cm (KSS) (Entered: 09/09/2003)

Sept. 9, 2003

Sept. 9, 2003

81

MOTION by plaintiff Antonio Leatherwood to compel dft Naphcare to produce request number one of plas' 6th request for production filed cs (KWC) (Entered: 09/10/2003)

Sept. 10, 2003

Sept. 10, 2003

82

Memorandum of law (BRIEF) by plaintiffs in support of motion to compel doc #81 filed cs (KWC) (Entered: 09/10/2003)

Sept. 10, 2003

Sept. 10, 2003

83

Second supplemental memorandum (BRIEF) by plaintiffs in support of class certification filed cs (KWC) (Entered: 09/10/2003)

Sept. 10, 2003

Sept. 10, 2003

84

Joint status rpt in compliance by plaintiff, defendant with order filed cs (KWC) (Entered: 09/18/2003)

Sept. 18, 2003

Sept. 18, 2003

85

MOTION by pla Antonio Leatherwood, pla Eric Howard, pla Jerry Keith Sanford, pla John Levins, pla Michael Patrick to compel request six of their third request for production filed cs (Former Employee) (Entered: 10/15/2003)

Oct. 15, 2003

Oct. 15, 2003

86

BRIEF by pla Antonio Leatherwood, pla Eric Howard, pla Jerry Keith Sanford, pla John Levins, pla Michael Patrick in support of plas motion to compel (doc #85) filed cs (Former Employee) (Entered: 10/15/2003)

Oct. 15, 2003

Oct. 15, 2003

87

NOTICE of deposition of Lee Harrison filed by plas cs (Former Employee) (Entered: 10/15/2003)

Oct. 15, 2003

Oct. 15, 2003

88

NOTICE of deposition of Larry Haverland by plas filed cs (Former Employee) (Entered: 10/15/2003)

Oct. 15, 2003

Oct. 15, 2003

89

NOTICE of deposition of Dr Collette Simon by plas filed cs (Former Employee) (Entered: 10/15/2003)

Oct. 15, 2003

Oct. 15, 2003

90

NOTICE that plas will take the deposition of Bob Malone on 10/28/03 in Bham, AL filed cs (KLL) (Entered: 10/21/2003)

Oct. 21, 2003

Oct. 21, 2003

91

MOTION by plas for order for release of Nathan Sullivan's medical records filed cs (KLL) (Entered: 10/29/2003)

Oct. 29, 2003

Oct. 29, 2003

92

MOTION by plas for order for an on-site physical reexamination of class members by their medical expert filed cs (KLL) (Entered: 11/03/2003)

Nov. 3, 2003

Nov. 3, 2003

93

BRIEF in support of motion for on-site physical reexamination of class members by their medical expert by plas filed cs (KLL) (Entered: 11/03/2003)

Nov. 3, 2003

Nov. 3, 2003

94

MOTION by pla for order for release of Alfred Thomas' medical records filed cs (KLL) (Entered: 11/03/2003)

Nov. 3, 2003

Nov. 3, 2003

96

MOTION by plas for standing order to obtain medical records of prisoners who die after 11/1/03 close of discovery filed cs (KLL) (Entered: 11/03/2003)

Nov. 3, 2003

Nov. 3, 2003

Case Details

State / Territory: Alabama

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 18, 2002

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All present and future HIV-positive inmates in the Limestone Correctional Facility in Capshaw, AL.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Center for Human Rights (SCHR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Alabama Dept. of Corrections, State

Limestone Correctional Facility (Capshaw), State

NaphCare, Inc., Private Entity/Person

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

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: 2004 - 2006

Content of Injunction:

Hire

Monitoring

Issues

General:

Conditions of confinement

Staff (number, training, qualifications, wages)

Medical/Mental Health:

HIV/AIDS

Medical care, general

Medication, administration of

Type of Facility:

Government-run