University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Chimenti v. Pennsylvania Department of Corrections PC-PA-0041
Docket / Court 2:15-cv-03333-JP ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Prison Conditions
Case Summary
On June 12, 2015, three individuals incarcerated and suffering from complications due to Hepatitis C viral infections filed this class action suit in U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs sued the Pennsylvania Department of Corrections under 42 U.S.C. § 1983, ... read more >
On June 12, 2015, three individuals incarcerated and suffering from complications due to Hepatitis C viral infections filed this class action suit in U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs sued the Pennsylvania Department of Corrections under 42 U.S.C. § 1983, claiming violations of the Eighth Amendment, and of Article I § 13 of the Pennsylvania Constitution.

The plaintiffs, represented by private counsel, alleged that the DOC had a policy and practice of denying inmates diagnosed with Hepatitis C viral infections the necessary medical care. In denying care, the DOC placed the inmates at serious and unnecessary risk for irreparable harm and death. The plaintiffs estimated that 20% of the inmates were infected with Hepatitis C at the time of the lawsuit. The defendants did not authorize treatment with drugs that recently were established to be effective and the new standard of care, and in fact ceased providing treatment altogether. The plaintiffs sued for declaratory and injunctive relief.

On March 7, 2016, Judge John Padova ordered that the motion for class certification be stayed pending the resolution of defendant's motion to dismiss. On March 21, 2016, Judge Padova issued an order partially granting and partially denying defendants’ motion to dismiss.

As of September 2016, the parties are engaging in discovery and filing pre-trial motions.

Virginia Weeks - 09/29/2016


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Defendant-type
Corrections
General
Conditions of confinement
Grievance Procedures
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
State law
Defendant(s) Pennsylvania Department of Corrections
Plaintiff Description Inmates with Hepatitis C who allege that the Pennsylvania Department of Corrections have failed to provide adequate medical care
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Pending
Prevailing Party Unknown
Public Int. Lawyer Yes
Nature of Relief None
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)
2:15−cv−03333−JP (E.D. Pa.) 05/25/2016
PC-PA-0041-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint 06/12/2015
PC-PA-0041-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 03/07/2016 (E.D. Pa.)
PC-PA-0041-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum [Motion to Dismiss] 03/21/2016 (E.D. Pa.)
PC-PA-0041-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Padova, John R. (E.D. Pa.)
PC-PA-0041-0002 | PC-PA-0041-0003 | PC-PA-0041-9000
Monitors/Masters None on record
Plaintiff's Lawyers Brown, Stephen D. (Pennsylvania)
PC-PA-0041-0001 | PC-PA-0041-9000
Levin, Christine C. (Pennsylvania)
PC-PA-0041-0001 | PC-PA-0041-9000
Love, Angus R. (Pennsylvania)
PC-PA-0041-0001 | PC-PA-0041-9000
Rudovsky, David (Pennsylvania)
PC-PA-0041-0001 | PC-PA-0041-9000
Solove, Ethan (Pennsylvania)
PC-PA-0041-0001 | PC-PA-0041-9000
Yeh, Su Ming (Pennsylvania)
PC-PA-0041-0001 | PC-PA-0041-9000
Defendant's Lawyers Foreman, Samuel H. (Pennsylvania)
PC-PA-0041-9000
Goodrich, Caitlin J. (Pennsylvania)
PC-PA-0041-9000
Katz, Noah Evan (Pennsylvania)
PC-PA-0041-9000
Mazeski, Vincent R. (Pennsylvania)
PC-PA-0041-9000
Other Lawyers None on record

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