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Case Name Ligons v. Minnesota Department of Corrections PC-MN-0003
Docket / Court 0:15-cv-2210 ( D. Minn. )
State/Territory Minnesota
Case Type(s) Prison Conditions
Case Summary
On May 1, 2015, inmates of the Minnesota Department of Corrections who suffer from the serious and life-threatening disease known as Hepatitis-C filed this class action lawsuit in the U.S. District Court for the District of Minnesota against the Minnesota Department of Corrections. The plaintiffs ... read more >
On May 1, 2015, inmates of the Minnesota Department of Corrections who suffer from the serious and life-threatening disease known as Hepatitis-C filed this class action lawsuit in the U.S. District Court for the District of Minnesota against the Minnesota Department of Corrections. The plaintiffs sued under 42 USC § 1983 because of violations of their the Eighth and Fourteenth Amendment rights under the U.S. Constitution and under Title II of the Americans with Disabilities Act. Represented by private counsel, the plaintiffs asked the court for declaratory judgment that the defendant's hepatitis C policy violated Title II of the Americans with Disabilities Act claiming and a permanent injunction against the defendant, claiming that the defendant's actions constituted deliberate indifference to their serious medical needs as Hepatitis C (HCV) patients.

Prior to late 2013, HCV treatment consisted of injections that lasted a year and had low levels of success and serious side effects. In January 2014, the American Association for the Study of Liver Disease and Association for the Study of Infectious Disease adopted new "breakthrough" drug 12-week daily pill therapy, with a 95% cure rate as the standard of care, replacing the highly toxic and less effective injection therapy. Defendants refuse to provide the "breakthrough" drug treatment to the Plaintiffs for non-medical reasons.

On June 13, 2015, the plaintiffs filed an amended complaint, modifying specific complaints of the plaintiffs.

On September 16, 2015, the Court issued a notice resetting the pretrial conference in this case to October 15, 2015.

Maria Ricaurte - 10/04/2015


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Defendant-type
Corrections
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Conditions of confinement
Medical/Mental Health
Hepatitis
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) Minnesota Department of Corrections
Plaintiff Description Inmates of Minnesota Department of Corrections suffering from the hepatitis-C virus.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Unknown
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
0:15−cv−02210−PJS−BRT (D. Minn.) 09/16/2015
PC-MN-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/01/2015
PC-MN-0003-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 06/03/2015
PC-MN-0003-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Schiltz, Patrick Joseph (D. Minn.)
PC-MN-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Nickitas, Peter J. (Minnesota)
PC-MN-0003-0001 | PC-MN-0003-0002 | PC-MN-0003-9000
Defendant's Lawyers Kemp, Kelly S (Minnesota)
PC-MN-0003-9000
Novak, Anthony James (Minnesota)
PC-MN-0003-9000
Solheim, Mark A (Minnesota)
PC-MN-0003-9000
Strauss, Lindsay (Minnesota)
PC-MN-0003-9000
Other Lawyers None on record

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