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Case Name In Re HCV Prison Litigation PC-NV-0018
Docket / Court 3:19-cv-00577 ( D. Nev. )
Additional Docket(s) 2:17-CV-1627  [ 17-1627 ]  District of NV (U.S.)
2:17-CV-1725  [ 17-1725 ]  District of NV (U.S.)
2:17-CV-2346  [ 17-2346 ]  District of NV (U.S.)
2:19-CV-0213  [ 19-213 ]  District of NV (U.S.)
2:19-CV-0520  [ 19-520 ]  District of NV (U.S.)
3:16-CV-0676  [ 16-676 ]  District of NV (U.S.)
3:17-CV-0278  [ 17-278 ]  District of NV (U.S.)
3:17-CV-0612  [ 17-612 ]  District of NV (U.S.)
3:18-CV-0037  [ 18-37 ]  District of NV (U.S.)
3:18-CV-0149  [ 18-149 ]  District of NV (U.S.)
3:18-CV-0218  [ 18-218 ]  District of NV (U.S.)
3:18-CV-0386  [ 18-386 ]  District of NV (U.S.)
3:18-CV-0464  [ 18-464 ]  District of NV (U.S.)
3:19-CV-0300  [ 19-300 ]  District of NV (U.S.)
State/Territory Nevada
Case Type(s) Disability Rights-Pub. Accom.
Prison Conditions
Case Summary
This consolidated, class action lawsuit brought by people in the custody of the Nevada Department of Corrections (NDOC) challenged the Department's Hepatitis C treatment policies and protocols. Eight named plaintiffs, represented by private counsel, sued the NDOC alleging violations of their Eighth ... read more >
This consolidated, class action lawsuit brought by people in the custody of the Nevada Department of Corrections (NDOC) challenged the Department's Hepatitis C treatment policies and protocols. Eight named plaintiffs, represented by private counsel, sued the NDOC alleging violations of their Eighth and Fourteenth Amendment rights and the Americans with Disabilities Act. The lawsuit sought a court order requiring NDOC to identify and monitor inmates with Hepatitis C, provide medical care that meet the current medical standards of care and treat their symptoms and complications, and prevent discrimination against inmates with Hepatitis C. The case was assigned to Chief Judge Miranda M. Du and Magistrate Judge Carla Baldwin.

On February 18, 2020, the plaintiffs’ class certification was granted. The class was certified as inmates with Hepatitis C who have been in NDOC custody for at least 21 days and have at least 12 weeks left to serve on their sentence who would be candidates for direct-acting antiviral treatment, but to whom treatment has been denied or delayed for reasons other than legitimate reasons under medical standards of care.

The parties submitted a consent decree to the court for its approval on August 20, 2020. There were objections submitted, including by a named plaintiff, but the court overruled the objections and accepted the consent decree on October 29, 2020. In the consent decree, NDOC agreed to adopt revised Hepatitis C policies and procedures; test all NDOC prisoners by December 31, 2020, and continue testing as part of intake procedures; provide direct-action antiviral (DAA) medication to all prisoners with Hepatitis C rated as Priority One within six months and provide a minimum of 2,400 DAA treatments to prisoners with Hepatitis C within three years, and after three years provide DAA treatments to prisoners at a rate faster than new Hepatitis C infections; and provide quarterly reports on Hepatitis C testing, infections and treatment numbers.

In January 2021, the Nevada Legislature budgeted $6 million dollars to meet its obligation under the consent decree after approving an initial $7 million in funds in October 2020.

The consent decree is expected to be in place for four years, and monitoring is ongoing.

Ben Marvin-Vanderryn - 10/28/2021


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Equal Protection
Content of Injunction
Discrimination Prohibition
Goals (e.g., for hiring, admissions)
Monitoring
Recordkeeping
Defendant-type
Corrections
Disability
disability, unspecified
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Conditions of confinement
Medical/Mental Health
Hepatitis
Medical care, general
Medication, administration of
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Ex parte Young (federal or state officials)
Defendant(s) Nevada Department of Corrections
Plaintiff Description People in custody of the Nevada Department of Corrections for at least 21 days and with at least 12 weeks left to serve on their sentence, who have been diagnosed with Hepatitis C and would be candidates for direct-acting antiviral treatment, but treatment has been denied or delayed for reasons other than legitimate reasons under medical standards of care
Class action status sought Yes
Class action status outcome Granted
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2020 - n/a
Filed 12/09/2019
Case Ongoing Yes
Additional Resources
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Court Docket(s)
D. Nev.
08/17/2021
3:19-cv-00577-MMD-CLB
PC-NV-0018-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Nev.
12/09/2019
Amended Class Action Complaint [ECF# 10]
PC-NV-0018-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Nev.
02/18/2020
Order [ECF# 21] (2020 WL 806170)
PC-NV-0018-0002.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Nev.
08/20/2020
Joint Motion for Preliminary Approval of Consent Decree [ECF# 61]
PC-NV-0018-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Nev.
10/29/2020
Order [ECF# 79] (2020 WL 6363842)
PC-NV-0018-0004.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Nev.
10/29/2020
Consent Decree [ECF# 80]
PC-NV-0018-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Baldwin, Carla Court not on record [Magistrate] show/hide docs
PC-NV-0018-9000
Du, Miranda Mai (D. Nev.) show/hide docs
PC-NV-0018-0002 | PC-NV-0018-0004 | PC-NV-0018-0005 | PC-NV-0018-9000
Plaintiff's Lawyers Hamilton, Ryan Andrew (Nevada) show/hide docs
PC-NV-0018-9000
Hosmer-Henner, Adam (Nevada) show/hide docs
PC-NV-0018-0001 | PC-NV-0018-0003 | PC-NV-0018-0005 | PC-NV-0018-9000
Latino, Chelsea (Nevada) show/hide docs
PC-NV-0018-0001 | PC-NV-0018-0003 | PC-NV-0018-0005 | PC-NV-0018-9000
Mannelly, Philip (Nevada) show/hide docs
PC-NV-0018-0001 | PC-NV-0018-0003 | PC-NV-0018-0005
McLetchie, Maggie (Nevada) show/hide docs
PC-NV-0018-0001 | PC-NV-0018-0003 | PC-NV-0018-0005 | PC-NV-0018-9000
Melms, Frederick Benjamin (Nevada) show/hide docs
PC-NV-0018-9000
Shell, Alina M. (Nevada) show/hide docs
PC-NV-0018-0001 | PC-NV-0018-0003 | PC-NV-0018-0005 | PC-NV-0018-9000
Defendant's Lawyers Ford, Aaron D. (Nevada) show/hide docs
PC-NV-0018-0003 | PC-NV-0018-0005
Gilmer, D. Randall (Nevada) show/hide docs
PC-NV-0018-0003 | PC-NV-0018-0005 | PC-NV-0018-9000
Rands, Douglas R (Nevada) show/hide docs
PC-NV-0018-0005 | PC-NV-0018-9000

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