University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Fowler v. Turco PC-MA-0045
Docket / Court 15-cv-12298-NMG ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Prison Conditions
Case Summary
On June 10, 2015, inmates of the Massachusetts Department of Correction filed this class action lawsuit in the U.S. District Court District of Massachusetts. The plaintiffs sued the Massachusetts Partnership for Correctional Healthcare LLC (“MPCH”) and the Commissioner of the Massachusetts ... read more >
On June 10, 2015, inmates of the Massachusetts Department of Correction filed this class action lawsuit in the U.S. District Court District of Massachusetts. The plaintiffs sued the Massachusetts Partnership for Correctional Healthcare LLC (“MPCH”) and the Commissioner of the Massachusetts Department of Correction under 42 U.S.C. § 1983. The plaintiffs alleged that the defendants have repeatedly shown deliberate indifference to the serious medical needs of plaintiffs and and the members of the class, who are infected with the Hepatitis C virus. The plaintiffs alleged that over 1,500 state prisoners in Massachusetts have Hepatitis C, but at the time only three were being treated for it, despite major advances in treatment of Hepatitis C made in 2014. The plaintiffs, represented by private counsel and Prisoners' Legal Services, sought declaratory and injunctive relief under the Eighth and Fourteenth Amendments.

On September 17, 2015, the defendants answered and asserted the affirmative defense that the plaintiffs failed to state claim upon which relief could be granted, and that the plaintiffs failed to exhaust admin remedies under 42 U.S.C. 1993e(a); they also objected to class certification. On May 16, 2016, plaintiffs moved for class certification, and on July 22, 2016 Judge Nathaniel M. Gorton granted class certification.

Sadly, one of the original plaintiffs passed away due to complications with his Hepatitis C and was removed from the litigation by an amended complaint filed with the court on July 29, 2016.

On January 11, 2017, the parties entered a joint motion to extend discovery until May 1, 2017. Since that date, discovery has been ongoing, with a trial date set for April 30, 2018.

Nichollas Dawson - 10/11/2017


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
Medical/Mental Health
Hepatitis
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 All inmates of the Massachusetts Department of Corrections with Hepatitis C.
Class action status sought Yes
Class action status granted Yes
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Additional Resources
click to show/hide detail
  Cruel Confinement: Abuse, Discrimination and Death Within Alabama's Prisons
Date: Jun. 4, 2014
(Southern Poverty Law Center )
[ Detail ] [ External Link ]

  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)
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
Date: Jan. 1, 1998
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-NMG (D. Mass.)
PC-MA-0045-9000.pdf | Detail
Date: 10/12/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint [ECF# 1]
PC-MA-0045-0001.pdf | Detail
Date: 06/10/2015
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Class Certification [ECF# 34]
PC-MA-0045-0002.pdf | Detail
Date: 05/16/2016
Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Plaintiffs' Motion for Class Certification [ECF# 35]
PC-MA-0045-0003.pdf | Detail
Date: 05/16/2016
Source: PACER [Public Access to Court Electronic Records]
First Amended Class Action Complaint [ECF# 49]
PC-MA-0045-0004.pdf | Detail
Date: 05/16/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Gorton, Nathaniel M. (FISC, D. Mass.)
PC-MA-0045-9000
Plaintiff's Lawyers Kelston, David (Massachusetts)
PC-MA-0045-0001 | PC-MA-0045-0002 | PC-MA-0045-0003 | PC-MA-0045-0004 | PC-MA-0045-9000
Shapiro, Jonathan (Massachusetts)
PC-MA-0045-0001 | PC-MA-0045-0002 | PC-MA-0045-0003 | PC-MA-0045-0004 | PC-MA-0045-9000
Thompson, Joel (Massachusetts)
PC-MA-0045-0001 | PC-MA-0045-0002 | PC-MA-0045-0003 | PC-MA-0045-0004 | PC-MA-0045-9000
Defendant's Lawyers Benedon, Carrie M. (Massachusetts)
PC-MA-0045-9000
Carpenter, Curtis L.S. (Massachusetts)
PC-MA-0045-9000
DiGangi, Thomas Vincent (Massachusetts)
PC-MA-0045-9000
Flanagan, William J. (Massachusetts)
PC-MA-0045-9000
Hampton, J. David (Massachusetts)
PC-MA-0045-9000
Hansen, Janna J. (Massachusetts)
PC-MA-0045-9000
McLaughlin, Anne M (Massachusetts)
PC-MA-0045-9000

- click to show/hide ALL -

new search
page permalink

- top of page -