University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Paszko v. O'Brien PC-MA-0042
Docket / Court 1:15-cv-12298 ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Prison Conditions
Case Summary
On June 10, 2015, Massachusetts prisoners infected with the Hepatitis C virus filed this class action lawsuit in the U.S. District Court for the District of Massachusetts. The plaintiffs sued the Massachusetts Department of Correction and the Massachusetts Partnership for Correctional Healthcare, ... read more >
On June 10, 2015, Massachusetts prisoners infected with the Hepatitis C virus filed this class action lawsuit in the U.S. District Court for the District of Massachusetts. The plaintiffs sued the Massachusetts Department of Correction and the Massachusetts Partnership for Correctional Healthcare, under 42 U.S.C. §1983, for violations of the Eighth Amendment. The plaintiffs, representing themselves, asked the court for declaratory and injunctive relief, claiming that defendants were deliberately indifferent to the serious medical needs of plaintiffs and members of the class infected with the Hepatitis C virus.

Specifically, the plaintiffs claimed that state failed and refused to provide newer and more effective Hepatitis C treatments. Instead, the state knowingly delayed evaluating prisoners and consciously avoided knowledge of their treatment needs. The plaintiffs alleged that a vast number of prisoners with Hepatitis C were not being afforded the necessary testing to determine whether they should receive treatment.

On March 14, 2016, plaintiffs filed notice that Plaintiff Emilian Paszko had died. (Docket No. 27)

On April 14, 2016, defendants filed a notice of automatic substitution of Thomas Turco, now the Commissioner of the Massachusetts Department of Correction, for former Commissioner Carol Higgins O’Brien as Defendant in this case.

As of May 14, 2016, the case is ongoing.

Lakshmi Gopal - 10/17/2015


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Cruel and Unusual Punishment
Defendant-type
Corrections
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
Defendant(s) Massachusetts Department of Correction
Massachusetts Partnership for Correctional Healthcare, LLC
Plaintiff Description Massachusetts prisoners who are infected with the Hepatitis C virus.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer No
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
click to show/hide detail
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)
1:15-cv-12298 (D. Mass.) 06/30/2016
PC-MA-0042-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/10/2015
PC-MA-0042-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum [in support of plaintiff's motion to amend complaint] 05/16/2016
PC-MA-0042-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum [in support for plaintiffs' motion for class certification] 05/16/2016
PC-MA-0042-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Gorton, Nathaniel M. (FISC, D. Mass.)
PC-MA-0042-9000
Monitors/Masters None on record
Plaintiff's Lawyers Shapiro, Jonathan (Massachusetts)
PC-MA-0042-0001 | PC-MA-0042-9000
Thompson, Joel (Massachusetts)
PC-MA-0042-0001 | PC-MA-0042-0002 | PC-MA-0042-0003 | PC-MA-0042-9000
Defendant's Lawyers Benedon, Carrie M. (Massachusetts)
PC-MA-0042-9000
Carpenter, Curtis L.S. (Massachusetts)
PC-MA-0042-9000
Flanagan, William J. (Massachusetts)
PC-MA-0042-9000
Hampton, J. David (Massachusetts)
PC-MA-0042-9000
Hansen, Janna J. (Massachusetts)
PC-MA-0042-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -