University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Jane Doe v. District of Columbia PC-DC-0006
Docket / Court 92-0635 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Disability Rights-Pub. Accom.
Prison Conditions
Case Summary
In March 1992, inmates infected with HIV in the District of Columbia's Lorton Prison filed suit in the District of DC against the District of Columbia, represented by an attorney from the Open Society Initiative. Plaintiffs sued using pseudonyms under section 1983 for violation of their Fifth ... read more >
In March 1992, inmates infected with HIV in the District of Columbia's Lorton Prison filed suit in the District of DC against the District of Columbia, represented by an attorney from the Open Society Initiative. Plaintiffs sued using pseudonyms under section 1983 for violation of their Fifth Amendment right to privacy and Eighth Amendment right to be free of cruel and unusual punishment. In addition, certain plaintiffs sued for violation of the Rehabilitation Act, 29 U.S.C. section 794, for discrimination in the participation of programs offered by the defendant. Plaintiffs also alleged violations of the DC Freedom of Information Law, D.C. Code section 1-1521, based on defendant's disclosure of confidential medical records. Finally, plaintiffs alleged breach of confidential relationship, invasion of privacy, and intentional infliction of emotional distress. Plaintiffs sought damages, declaratory relief, and a permanent injunction.

In May 1992, defendant moved to dismiss the action. In November 1992, at the hearing on that motion, defendant agreed that the motion should be treated as a motion for summary judgment and filed a statement of material facts not in dispute. Doe v. District of Columbia, 1993 WL 128496 (D.D.C. April 13, 1993). In his order dated April 1993, Judge Louis Oberdorfer denied defendant's motion for summary judgment due to lack of evidence of undisputable facts.

The docket reveals that the case subsequently settled. Although the underlying agreement itself does not appear in the docket, there is a motion for adoption of a consent order about attorneys' fees, as well as an order granting D.C. Prisoners Legal Services Project $37,500 in fees, and an August, 1993 stipulation dismissing the action with prejudice.

John Maksymonko - 08/01/2005


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Issues and Causes of Action
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Issues
Discrimination-basis
Disability (inc. reasonable accommodations)
Medical/Mental Health
Medical care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
42 U.S.C. § 1983
Defendant(s) District of Columbia Correctional Facilities
Plaintiff Description Five prisoners who are infected with HIV and are incarcerated in District of Columbia correctional facilities alleging correctional officials unlawfully and without permission revealed their HIV status to other prisoners and to correctional staff
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 1993
Case Ongoing No
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)
1:92-cv-00635-LFO (D.D.C.) 08/31/1993
PC-DC-0006-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/11/1992
PC-DC-0006-0001 PDF | Detail
Memorandum and Order 04/13/1993 (1993 WL 128496 / 1993 U.S.Dist.LEXIS 4815) (D.D.C.)
PC-DC-0006-0002 PDF | WESTLAW| LEXIS | Detail
Judges Oberdorfer, Louis Falk (D.D.C.)
PC-DC-0006-0002 | PC-DC-0006-9000
Monitors/Masters None on record
Plaintiff's Lawyers Hall, Aurie Talbor (Maryland)
PC-DC-0006-9000
Smith, Jonathan Mark (District of Columbia)
PC-DC-0006-0001
Defendant's Lawyers Amato, Maria-Claudia T. (District of Columbia)
PC-DC-0006-9000
Other Lawyers None on record

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