Case: Yarzue v. Division of Immigration Health Services

4:05-cv-01415 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: July 14, 2005

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On July 14, 2005, a federal immigration detainee filed a pro se lawsuit in the United States District Court for the Middle District of Pennsylvania, alleging that he was denied proper medical care for a serious condition in violation of his rights under the Eighth and Fourteenth Amendments. Plaintiff alleged that while he was incarcerated at York County Prison in Pennsylvania (a state facility contracted to hold federal immigration detainees) he suffered from severe pain in his genitals and ur…

On July 14, 2005, a federal immigration detainee filed a pro se lawsuit in the United States District Court for the Middle District of Pennsylvania, alleging that he was denied proper medical care for a serious condition in violation of his rights under the Eighth and Fourteenth Amendments. Plaintiff alleged that while he was incarcerated at York County Prison in Pennsylvania (a state facility contracted to hold federal immigration detainees) he suffered from severe pain in his genitals and urinary tract. He was seen and treated by several doctors, but his condition did not improve. Ultimately, one of the treating doctors recommended that he undergo a cystoscopic evaluation (a diagnostic procedure that uses a cystoscope to examine the bladder, lower urinary tract, and prostate gland) by a urologist. The Division of Immigration Health Services of the Department of Homeland Security refused to approve the test on the basis that it was not medically necessary. Plaintiff filed an administrative grievance which was eventually reviewed by the Complaint Review Board, which determined that the treatment was constitutionally required, and that it should be provided immediately. When federal immigration authorities were notified of the Board's decision, plaintiff was transferred to a different facility in Berks County, allegedly to avoid providing the treatment. This lawsuit ensued.

On November 8, 2005, Defendant York County filed a third-party complaint against the federal immigration defendants, seeking an injunction requiring the federal defendants to provide plaintiff and all inmates in its custody with healthcare that was mandated by the U.S. Constitution. The next day, the District Court (Judge James F. McClure Jr.) appointed attorneys with the Pennsylvania Institutional Law Project to represent the plaintiff. Appointed counsel subsequently filed a second amended complaint which refined plaintiff's claims and sought declaratory and injunctive relief, as well as compensatory damages.

The federal immigration agency defendants moved to dismiss York County's third party complaint. In lieu of replying to plaintiff's second amended complaint, the federal defendants requested and were given numerous extensions, presumably because settlement negotiations were underway. On September 1, 2006, plaintiff filed a stipulation for dismissal of his claims. The details of the settlement were not made part of the Court record and are unknown.

Summary Authors

Dan Dalton (12/28/2007)

People


Judge(s)

McClure, James Focht Jr. (Pennsylvania)

Attorneys(s) for Plaintiff

Cooke, Michael J. (Pennsylvania)

Love, Angus R. (Pennsylvania)

Attorneys(s) for Defendant

Brenner, Thomas Edward (Pennsylvania)

Butler, Michael J. (Pennsylvania)

Reihart, Donald L. (Pennsylvania)

Roessing, Charles T. (Pennsylvania)

Zaslow, David R. (Pennsylvania)

Judge(s)

McClure, James Focht Jr. (Pennsylvania)

Attorneys(s) for Plaintiff

Cooke, Michael J. (Pennsylvania)

Love, Angus R. (Pennsylvania)

Attorneys(s) for Defendant

Brenner, Thomas Edward (Pennsylvania)

Butler, Michael J. (Pennsylvania)

Reihart, Donald L. (Pennsylvania)

Roessing, Charles T. (Pennsylvania)

Zaslow, David R. (Pennsylvania)

Documents in the Clearinghouse

Document

Docket (PACER)

Yarzue v. Hogan

Sept. 7, 2006 Docket
14-1

Third Party Complaint

Yarzue v. Hogan

Nov. 8, 2005 Complaint
33-2

Memorandum, re: Division of Immigration Health Services

Nov. 28, 2005 Discovery Material/FOIA Release
36

Plaintiff's Second Amended Complaint

Dec. 21, 2005 Complaint

Exhibits to Third Party Plaintiff's Brief in Opposition to the Third Party Defendants' Motion to Dismiss the Third Party Complaint

April 7, 2006 Discovery Material/FOIA Release

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against all defendants filed by Plaintiff Benedictus Yarzue, w/request for counsel on his behalf at paragraph 8, Section V. (Entered: 07/15/2005)

July 14, 2005
2

MOTION and affidavit for Leave to Proceed in forma pauperis by Benedictus Yarzue.(bp) (Entered: 07/15/2005)

July 14, 2005
3

STANDING PRACTICE ORDER signed by M.D.PA judges issued on 7/15/05.(bp) (Entered: 07/15/2005)

July 15, 2005

PRISONER LETTER ISSUED w/ Notice & Consent Form and U.S. Marshal Forms to Plf Yarzue from Wmpt. (bp) (Entered: 07/15/2005)

July 15, 2005
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis, which is construed as a motion to proceed without full prepayment of fees and costs. U.S.Marshal directed to serve Plf complaint on Dfts named therein. Signed by Judge James F. McClure Jr. on 7/19/05 (bp) (Entered: 07/19/2005)

July 19, 2005
5

Mail Returned as Undeliverable. Mail sent to Benedictus Yarzue at Berks County Prison. Telephoned Records Department, Berks County Prison, and was told inmate Yarzue left there 7/15/05 in the custody of Immigration, and Berks County did not know where he was taken. (bp) (Entered: 07/27/2005)

July 27, 2005
6

NOTICE of Change of Address by Benedictus Yarzue (ga, ) (Entered: 08/01/2005)

Aug. 1, 2005
7

MOTION for Leave to File AMENDED COMPLAINT by Benedictus Yarzue.(kw) (Entered: 08/29/2005)

Aug. 29, 2005
8

NOTICE of Change of Address by Benedictus Yarzue (lg, ) (Entered: 09/27/2005)

Sept. 27, 2005
9

WAIVER OF SERVICE Returned by Benedictus Yarzue. Dennis Bowen waiver sent on 9/15/2005, answer due 11/14/2005. (ep, ) (Entered: 10/07/2005)

Oct. 7, 2005
10

NOTICE of Change of Address by Benedictus Yarzue. Docket Sheet has been updated to reflect current address per filing. (kw, ) (Entered: 10/17/2005)

Oct. 17, 2005
11

EXHIBITS by Benedictus Yarzue re 1 Complaint. (Attachments: # 1 Exhibit(s) A# 2 B# 3 C# 4 D# 5 E# 6 F# 7 G# 8 H)(kw, ) (Entered: 10/21/2005)

Oct. 21, 2005
12

NOTICE by Benedictus Yarzue of change of address and asking to be let out of quarantine (lg, ) (Entered: 10/21/2005)

Oct. 21, 2005
13

Defendants' ANSWER to Complaint with Affirmative Defenses , CROSSCLAIM against United States of America Department of Homeland Security, John Doe by Thomas Hogan, Beata, Roger Thomas, Dennis Bowen.(Reihart, Donald) (Entered: 11/08/2005)

Nov. 8, 2005
14

THIRD PARTY COMPLAINT against United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services, THIRD PARTY COMPLAINT against United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services, filed by Thomas Hogan, Beata, Roger Thomas, Dennis Bowen. (Attachments: # 1 Exhibit(s) # 2 Criminal Cover Sheet # 3 Summons) (Reihart, Donald) (Entered: 11/08/2005)

Nov. 8, 2005
15

ORDER granting 7 Motion for Leave to File amended complaint; secretary Chertoff substituted for Jone Doe; US Marshal shall serve, Signed by Judge James F. McClure Jr. on 11/9/05 (lg, ) (Entered: 11/09/2005)

Nov. 9, 2005

Summons Issued as to Michael Chertoff and USA and provided to USM for service. (lg, ) (Entered: 11/09/2005)

Nov. 9, 2005
16

ORDER: Appointing Angus R. Love, Esquire, and Michael J. Cooke, Esquire, counsel for plaintiff through final disposition of the case in the district court; the appointment is pro bono except to the extent that attorneys fees may be awarded pursuant to statute if plaintiff is the prevailing party. Signed by Judge James F. McClure Jr. on 11/9/05. (km, ) (Entered: 11/09/2005)

Nov. 9, 2005

THIRD Party Summons Issued as to United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services. (lg, ) (Entered: 11/16/2005)

Nov. 16, 2005
17

SUMMONS Returned Executed by Thomas Hogan, Beata, Roger Thomas, Dennis Bowen. United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services served on 11/15/2005, answer due 1/17/2006. (Reihart, Donald) (Entered: 11/18/2005)

Nov. 18, 2005
18

SUMMONS Returned Executed by Thomas Hogan, Beata, Roger Thomas, Dennis Bowen. United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services served on 11/28/2005, answer due 1/17/2006. (Reihart, Donald) (Entered: 11/30/2005)

Nov. 30, 2005
19

Unopposed MOTION for Leave to File Amended Complaint by Benedictus Yarzue. (Attachments: # 1 Proposed Amended Complaint) (Cooke, Michael) (Entered: 12/21/2005)

Dec. 21, 2005
20

ORDER Signed by Judge James F. McClure Jr. on 1/6/05: within 10 days of the date of this order, plaintiff shall serve additional defendant Chertoff with a copy of his motion to file a second amended complaint; within 10 days of the date of this order, plaintiff shall file a brief in support of his pending motion to amend; failure of the plaintiff to timely comply with this Order will result in his motion being deemed withdrawn. (lg, ) (Entered: 01/06/2006)

Jan. 6, 2006
21

CERTIFICATE OF SERVICE by Benedictus Yarzue re 19 Unopposed MOTION for Leave to File Amended Complaint , 20 Order, (Cooke, Michael) (Entered: 01/06/2006)

Jan. 6, 2006
22

NOTICE of Voluntary Dismissal by Benedictus Yarzue of Michael Chertoff (Attachments: # 1 Certificate of Service)(Cooke, Michael) (Entered: 01/10/2006)

Jan. 10, 2006
23

BRIEF IN SUPPORT re 19 Unopposed MOTION for Leave to File Amended Complaint filed by Benedictus Yarzue. (Attachments: # 1 Appendix)(Cooke, Michael) (Entered: 01/17/2006)

Jan. 17, 2006
24

MOTION for Extension of Time to File Answer re 14 Third Party Complaint,,,,, by United States of America Department of Homeland Security, United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services. (Attachments: # 1 Exhibit(s) A# 2 Certificate of Concurrence# 3 Proposed Order)(Butler, Michael) (Entered: 01/23/2006)

Jan. 23, 2006
25

ORDER: GRANTING the federal defendants' unopposed 24 motion requesting an enlargement of time; the federal defendants may file a response to the third party complaint on or before 3/24/2006. Signed by Judge James F. McClure Jr. on 1/24/2006. (km, ) (Entered: 01/24/2006)

Jan. 24, 2006
26

Unopposed MOTION for Extension of Time to Respond to Motion for Leave to File Amended Complaint by United States of America Department of Homeland Security, United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services. (Attachments: # 1 Certificate of Concurrence# 2 Proposed Order)(Butler, Michael) (Entered: 01/31/2006)

Jan. 31, 2006
27

ORDER: GRANTING the federal defendants' unopposed 26 Motion requesting an enlargement of time; federal defendants' response to the plaintiff's motion to file a 2nd amended complaint due by 2/14/2006. Signed by Judge James F. McClure Jr. on 2/6/06. (km, ) (Entered: 02/06/2006)

Feb. 6, 2006
28

RESPONSE by United States of America Department of Homeland Security, United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services to 19 Unopposed MOTION for Leave to File Amended Complaint . (Butler, Michael) (Entered: 02/14/2006)

Feb. 14, 2006
29

Letter from Plf to the Court, w/attachment. (bp) (Entered: 02/23/2006)

Feb. 23, 2006
30

Letter from Pro Se Writ Clerk to Benedictus Yarzue advising that the Court cannot give legal advice and he must file a motion rather than a letter. (prose, ) (Entered: 03/21/2006)

March 21, 2006
31

MOTION to Dismiss Third-Party Complaint by United States of America Department of Homeland Security, United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services. (Attachments: # 1 Certificate of Non Concurrence# 2 Proposed Order)(Butler, Michael) (Entered: 03/24/2006)

March 24, 2006
32

BRIEF IN SUPPORT re 31 MOTION to Dismiss Third-Party Complaint filed by United States of America Department of Homeland Security, United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services. (Attachments: # 1 Exhibit(s) A - C)(Butler, Michael) (Entered: 03/24/2006)

March 24, 2006
33

BRIEF IN OPPOSITION re 31 MOTION to Dismiss Third-Party Complaint filed by Thomas Hogan, Beata, Roger Thomas, Dennis Bowen. (Attachments: # 1 Exhibit(s) 1# 2 Exhibit(s) 2# 3 Cert of Service of Exhibits# 4 Proposed Order)(Reihart, Donald) (Entered: 04/07/2006)

April 7, 2006
34

REPLY BRIEF re 31 MOTION to Dismiss Third-Party Complaint filed by United States of America Department of Homeland Security, United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services. (Attachments: # 1 Exhibit(s) A - D)(Butler, Michael) (Entered: 04/21/2006)

April 21, 2006

DOCKET ANNOTATION: document 36 deleted; to be re-docketed correctly as second amended complaint against all named parties. (lg, ) (Entered: 05/22/2006)

May 22, 2006
36

AMENDED COMPLAINT against Division of Immigration Health Services, Department of Homeland Security, York County, Berks County, Timothy Shack, John Doe, Jane Doe, Charles Norris, John Roe, Jane Roe, Prison Health Services, Inc., PrimeCare Medical Inc., Thomas Hogan, filed by Benedictus Yarzue.(lg, ) (Entered: 05/23/2006)

May 22, 2006

DOCKET ANNOTATION: summons entry deleted; to be re-entered properly as to federal defendants and state defendants. (lg, ) (Entered: 05/23/2006)

May 23, 2006

Summons Issued as to Division of Immigration Health Services, Department of Homeland Security, Timothy Shack, John Doe, Jane Doe and mailed to attorney Cooke for service. (lg, ) (Entered: 05/23/2006)

May 23, 2006

Summons Issued as to York County, Berks County, Charles Norris, John Roe, Jane Roe, Prison Health Services, Inc., PrimeCare Medical Inc. and mailed to Attorney Cooke for service on Defendant(s). (lg, ) (Entered: 05/23/2006)

May 23, 2006
37

ANSWER to Amended Complaint by Defs Thomas Hogan and York County , CROSSCLAIM against Division of Immigration Health Services, Department of Homeland Security, United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services by York County, Thomas Hogan.(Reihart, Donald) (Entered: 06/05/2006)

June 5, 2006
38

NOTICE of Appearance by Thomas Edward Brenner on behalf of PrimeCare Medical Inc. (Brenner, Thomas) (Entered: 06/26/2006)

June 26, 2006
39

Letter from Yarzue (lg, ) (Entered: 07/19/2006)

July 19, 2006
40

Letter from Pro Se Writ Clerk to Benedictus Yarzue informing him that no action will be taken on the basis of a letter and any requests for relief must be in the form of a motion. (prose, ) (Entered: 07/24/2006)

July 24, 2006
41

NOTICE of Appearance by David R. Zaslow on behalf of Charles Norris, Prison Health Services, Inc. (Zaslow, David) (Entered: 08/11/2006)

Aug. 11, 2006
42

NOTICE of Appearance by Thomas Edward Brenner on behalf of Berks County (Brenner, Thomas) (Entered: 08/11/2006)

Aug. 11, 2006
43

MOTION for Extension of Time to TO FILE RESPONSIVE PLEADING by Berks County, PrimeCare Medical Inc..(Brenner, Thomas) (Entered: 08/11/2006)

Aug. 11, 2006
44

Eighth MOTION for Extension of Time to Respond to Plaintiff's Second Amended Complaint by Department of Homeland Security, United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services, United States of America Department of Homeland Security, United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services. (Attachments: # 1 Certificate of Service# 2 Certificate of Concurrence# 3 Proposed Order) (Butler, Michael) (Entered: 08/11/2006)

Aug. 11, 2006
45

ORDER: GRANTING defendants PrimeCare Medical, Inc. and Berks' County unopposed 43 Motion requesting an enlargement of time; the moving defendants may file a response to plaintiff's 2nd amd complaint on or before 9/29/2006. Signed by Judge James F. McClure Jr. on 8/15/2006. (km, ) (Entered: 08/15/2006)

Aug. 15, 2006
46

STIPULATION of Dismissal by Benedictus Yarzue. (Attachments: # 1 Certificate of Service)(Cooke, Michael) (Entered: 09/01/2006)

Sept. 1, 2006
47

NOTICE of Voluntary Dismissal by Thomas Hogan, Beata, Roger Thomas, Dennis Bowen of Third-Party Complaint (Attachments: # 1 Cert of Service)(Reihart, Donald) (Entered: 09/07/2006)

Sept. 7, 2006

State / Territory: Pennsylvania

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 14, 2005

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Federal immigration detainee in York County Prison

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security (DHS) , Federal

U.S. Immigration and Customs Enforcement (ICE), Federal

U.S. Division of Immigration Health Services, Federal

York County Prison (York), State

Berks County Prison (Berks), State

Prison Health Services, Inc., Private Entity/Person

PrimeCare Medical Inc., Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Unknown

Form of Settlement:

Voluntary Dismissal

Issues

General:

Conditions of confinement

Immigration/Border:

Constitutional rights