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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
Attorney Organization Prison Law Office
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 and the case was appointed to Judge Nathaniel Gorton. The plaintiffs sued the Massachusetts Department of Correction and the ... 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 and the case was appointed to Judge Nathaniel Gorton. 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, represented by Prisoner Legal Services and private counsel, 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 the state 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 the named plaintiff had died. On July 29, 2016 the plaintiffs amended their complaint alleging the same claims, but reflecting the recent change in lead plaintiff and defendant (the Commissioner of MDOC had also recently changed).

On January 17, 2017 the parties announced that they were amenable to mediation as discovery proceedings carried on. On February 9, 2018 the parties announced to the court that they had reached a settlement on all terms. The parties are currently drafting a settlement agreement to be formally submitted to the court.

Lakshmi Gopal - 10/17/2015
Will McCartney - 02/18/2018


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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
Record-keeping
Records Disclosure
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 Prison Law Office
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Additional Resources
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  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
By: Margo Schlanger (Washington University Faculty)
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
Book
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
1:15-cv-12298 (D. Mass.)
PC-MA-0042-9000.pdf | Detail
Date: 02/15/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
PC-MA-0042-0001.pdf | Detail
Date: 06/10/2015
Source: PACER [Public Access to Court Electronic Records]
Memorandum [in support of plaintiff's motion to amend complaint] [ECF# 33]
PC-MA-0042-0002.pdf | Detail
Date: 05/16/2016
Source: PACER [Public Access to Court Electronic Records]
Memorandum [in support for plaintiffs' motion for class certification] [ECF# 35]
PC-MA-0042-0003.pdf | Detail
Date: 05/16/2016
Source: PACER [Public Access to Court Electronic Records]
First Amended Class Action Complaint [ECF# 49]
PC-MA-0042-0004.pdf | Detail
Date: 07/26/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Gorton, Nathaniel M. (FISC, D. Mass.)
PC-MA-0042-9000
Plaintiff's Lawyers Kelston, David (Massachusetts)
PC-MA-0042-0004
Shapiro, Jonathan (Massachusetts)
PC-MA-0042-0001 | PC-MA-0042-0004 | PC-MA-0042-9000
Thompson, Joel (Massachusetts)
PC-MA-0042-0001 | PC-MA-0042-0002 | PC-MA-0042-0003 | PC-MA-0042-0004 | PC-MA-0042-9000
Defendant's Lawyers Benedon, Carrie M. (Massachusetts)
PC-MA-0042-9000
Carpenter, Curtis L.S. (Massachusetts)
PC-MA-0042-9000
DiGangi, Thomas Vincent (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
Hartnett, Timothy D. (Massachusetts)
PC-MA-0042-9000
McLaughlin, Anne M (Massachusetts)
PC-MA-0042-9000
Weigand, Tory A. (Massachusetts)
PC-MA-0042-9000

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