University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name McCargo v. Vaughn PC-PA-0029
Docket / Court 90-cv-6089 ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Disability Rights-Pub. Accom.
Prison Conditions
Case Summary
On October 1, 1990, an individual inmate at the Graterford State Correctional Institute in Pennsylvania filed a pro se complaint against the warden of the prison and all prison correctional officials, under 42 U.S.C. § 1983, in the District Court for the Eastern District of Pennsylvania, asking ... read more >
On October 1, 1990, an individual inmate at the Graterford State Correctional Institute in Pennsylvania filed a pro se complaint against the warden of the prison and all prison correctional officials, under 42 U.S.C. § 1983, in the District Court for the Eastern District of Pennsylvania, asking for declaratory and injunctive relief. The complaint alleged that the prison officials had violated Plaintiff's rights by failing to provide special diets for diabetic inmates, and by denying him and other prisoners access to insulin. On January 28, 1991, this action was joined with the same inmate's action against two stewards and the Culinary Food Manager at the prison, the complaint for that action having been filed on December 14, 1990 in the District Court of the Eastern District of Pennsylvania.

On November 21, 1990, the District Court (Judge John P. Fullam) issued a preliminary injunction directing the prison to establish a system for diabetic inmates to receive special diets and to assure them access to insulin. On September 9, 1991, Judge Fullam issued an order making the injunctive relief permanent, and closing the cases.

On November 22, 1991 Judge Fullam denied Defendants' motion to alter or amend the judgment, stating that the fact that the injunction benefits persons other than the parties to the lawsuit does not give grounds for ateration or amendment.

Caitlin Howitt - 12/02/2011


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Issues and Causes of Action
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Issues
Content of Injunction
Preliminary relief granted
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Food service / nutrition / hydration
Medical/Mental Health
Medical care, general
Medication, administration of
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) Warden
Plaintiff Description a diabetic inmate at the Graterford State Correctional Institute in Pennsylvania
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Preliminary injunction / Temp. restraining order
Injunction / Injunctive-like Settlement
Source of Relief Litigation
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 ]

Links Cruel Confinement: Abuse, Discrimination and Death Within Alabama's Prisons
Written: Jun. 04, 2014
(Southern Poverty Law Center )
[ Detail ] [ External Link ]

Docket(s)
2:90-cv-6089 (E.D. Pa.)
PC-PA-0029-9000.pdf | Detail
Date: 09/11/1991
Source: PACER [Public Access to Court Electronic Records]
2:90-cv-7813 (E.D. Pa.)
PC-PA-0029-9001.pdf | Detail
Date: 09/11/1991
Source: PACER [Public Access to Court Electronic Records]
General Documents
Memorandum and Order [Denying Defendants' Motion to Alter or Amend the Judgment] (778 F.Supp. 1341) (E.D. Pa.)
PC-PA-0029-0001.pdf | WESTLAW| LEXIS | Detail
Date: 11/22/1991
Source: Google Scholar
Judges Fullam, John Patrick Court not on record
PC-PA-0029-0001 | PC-PA-0029-9000 | PC-PA-0029-9001
Defendant's Lawyers Kuhn, Denise A. (Pennsylvania)
PC-PA-0029-9000 | PC-PA-0029-9001

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