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17-289 - STAFFORD, ET AL v. INDIANA DEPARTMENT OF CORRECTIONS, ET AL


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17-289 - STAFFORD, ET AL v. INDIANA DEPARTMENT OF CORRECTIONS, ET AL
October 10, 2017
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ORDER - Plaintiffs Michael Ray Stafford, Charles Smith, and Douglas Smith filed this Amended Complaint ("Complaint") alleging that Wexford of Indiana, LLC ("Wexford") violated their rights under the Eighth Amendment via 42 U.S.C. § 1983, Title III of the Americans with Disabilities Act, 42 U.S.C. § 12131 et seq. ("ADA"), and the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 791 et seq. ("Rehabilitation Act"). [Filing No. 39.] Wexford has filed a Motion to Dismiss Plaintiffs' ADA and Rehabilitation Act claims [Filing No. 77], and the motion is now ripe for the Court's decision. For the reasons stated herein, the Court DENIES Wexford's Motion to Dismiss. [Filing No. 77.] Signed by Judge Jane Magnus-Stinson on 10/10/2017. (APD)
February 21, 2018
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ORDER - This case arises out of a challenge to policies regarding the treatment of individuals who are incarcerated in Indiana Department of Corrections ("IDOC") facilities and who suffer from the chronic Hepatitis C Virus ("HCV"). Plaintiffs Michael Ray Stafford, Charles Smith, and Douglas Smith ("Plaintiffs") raise claims on behalf of themselves and similarly situated individuals that policies maintained and implemented by the Defendants in this action have resulted in the improper denial of treatment to incarcerated individuals who are infected with chronic HCV. Presently pending before the Court is Plaintiffs' Motion for Class Certification, in which Plaintiffs seek to certify a class involving only their prospective declaratory and injunctive relief claims. [Filing No. 99.] For the reasons below, the Court grants Plaintiffs' Motion and certifies, as modified, the proposed class. The Court therefore grants Plaintiffs' Motion for Class Certification, [Filing No. 99], modifying the class definition to include: "All current and future prisoners in IDOC custody who have been diagnosed, or will be diagnosed, with chronic HCV." (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 2/21/2018. (APD)
March 2, 2018
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AMENDED ORDER - (The Court issues this amendment to its prior order, [Filing No. 148], to address the designation of class representatives and class counsel, which was inadvertently omitted from the original Order.) This case arises out of a challenge to policies regarding the treatment of individuals who are incarcerated in Indiana Department of Corrections ("IDOC") facilities and who suffer from the chronic Hepatitis C Virus ("HCV"). Plaintiffs Michael Ray Stafford, Charles Smith, and Douglas Smith ("Plaintiffs") raise claims on behalf of themselves and similarly situated individuals that policies maintained and implemented by the Defendants in this action have resulted in the improper denial of treatment to incarcerated individuals who are infected with chronic HCV. Presently pending before the Court is Plaintiffs' Motion for Class Certification, in which Plaintiffs seek to certify a class involving only their prospective declaratory and injunctive relief claims. [Filing No. 99.] For the reasons herein, the Court grants Plaintiffs' Motion and certifies, as modified, the proposed class. The Court therefore GRANTS Plaintiffs' Motion for Class Certification, [Filing No. 99], modifying the class definition to include: "All current and future prisoners in IDOC custody who have been diagnosed, or will be diagnosed, with chronic HCV." Moreover, the Court DESIGNATES Michael Ray Stafford, Charles Smith, and Douglas Smith as representatives for the class action pursuant to Rule 23. The Court further DESIGNATES Mark W. Sniderman and Robert A. Katz as lead class counsel pursuant to Fed. R. Civ. P. 23(g). (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 3/2/2018.(APD)
April 23, 2018
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ORDER - This matter concerns a class action lawsuit brought by inmates of Indiana Department of Corrections ("IDOC") facilities regarding the provision of medical care to treat the chronic Hepatitis C virus ("HCV"). Presently pending before the Court is a Motion for Approval of a Proposed Settlement Agreement between several Defendants and the certified class and named Plaintiffs. [Filing No. 158.] For the reasons described below, the Court DENIES that Motion. For the reasons described above, the Court DENIES Defendants' Motion for Preliminary Approval of Class Settlement. 158 The Court requests that the Magistrate Judge confer with the parties at his earliest convenience regarding continued efforts to craft an agreement that satisfies the standards imposed by Fed. R. Civ. P. 23. (See Order). Signed by Judge Jane Magnus-Stinson on 4/23/2018. (APD)