University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Woodcock v. Correct Care Solutions PC-KY-0010
Docket / Court 3:16-cv-00096 ( E.D. Ky. )
Additional Docket(s) 15-CI-00063  [ 15-63 ]  Trial Court (KY)
State/Territory Kentucky
Case Type(s) Disability Rights-Pub. Accom.
Prison Conditions
Case Summary
This class action, brought on behalf of approximately 1,200 prisoners in the custody of the Kentucky Department of Corrections diagnosed with Hepatitis C, and those who might be diagnosed in the future, was filed in Kentucky state court in 2015, and removed to the U.S. District Court for the ... read more >
This class action, brought on behalf of approximately 1,200 prisoners in the custody of the Kentucky Department of Corrections diagnosed with Hepatitis C, and those who might be diagnosed in the future, was filed in Kentucky state court in 2015, and removed to the U.S. District Court for the Eastern District of Kentucky on December 7, 2016.

Represented by the civil rights firm Belzley, Bathurst & Bentley, plaintiffs sued the Kentucky Department of Corrections, several individual employees of the Department, and CorrectCare Solutions, Inc., which provides medical services to inmates of the Department. They challenged the Department’s treatment of inmates with Hepatitis C, in particular the practice of triaging direct-acting antiviral treatment based on a priority level categorization of infected inmates. In a claim brought pursuant to 42 U.S.C. § 1983, they asserted that these treatment practices constituted deliberate indifference to serious medical needs in violation of the Eighth and Fourteenth Amendments. They further asserted that such care failed to reasonably accommodate persons with Hepatitis C, in violation of the Americans with Disabilities Act and the Rehabilitation Act of 1978. Finally, plaintiffs alleged negligence and intentional infliction of emotional distress in violation of state law. They sought declaratory and injunctive relief and punitive damages.

On July 12, 2019, Judge Gregory F. Van Totenhove denied plaintiffs’ motion for a permanent injunction, finding that they had not established that the procedures at issue amounted to grossly inadequate treatment or that the Department of Corrections operated with the requisite culpable state of mind. In the same order, however, the Court granted class certification, defining the class as “all inmates in Kentucky prisons who have been diagnosed, or will be diagnosed, with chronic hepatitis C virus (HCV) for the purpose of injunctive relief.” 2019 WL 3068447. Ultimately, on February 4, 2020, the Court granted the defendants' motion for summary judgment as to the federal claims—holding that the plaintiffs failed to show that the Department’s practice of screening and monitoring inmates with Hepatitis C and prioritizing use of direct-acting antiviral treatment was inadequate or detrimental to their health, or that the defendants had acted with deliberate indifference to substantial risk of harm. The Court closed the federal case, and remanded the action to state court as to the state law claims. 2020 WL 556391.

Plaintiffs appealed, and on July 6, 2021, the U.S. Court of Appeals for the Sixth Circuit, in a panel of Judges Alice M. Batchelder, Richard A. Griffin, and Jane B. Stranch, affirmed the grant of summary judgment on the federal claims. Agreeing with the District Court, the Sixth Circuit concluded that the plaintiffs failed to show that the Department’s treatment plan put them at substantial risk of serious harm. 2021 WL 2799978.

The status of the case on remand in state court is unknown at this time.

Tessa Bialek - 08/28/2021


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
Jurisdiction-wide
General
Conditions of confinement
Medical/Mental Health
Hepatitis
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Ex parte Young (federal or state officials)
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
State law
Defendant(s) Kentucky Department of Corrections
Plaintiff Description Plaintiffs are a class of persons incarcerated by the Kentucky Department of Corrections who are or become infected with Hepatitis C.
Class action status sought Yes
Class action status outcome Granted
Filed Pro Se Yes
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Filed 02/27/2015
Case Ongoing Unknown
Additional Resources
click to show/hide detail
  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
E.D. Ky.
07/06/2021
3:16-cv-00096-GFVT-EBA
PC-KY-0010-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
State Trial Court
11/14/2016
First Amended Class Action Complaint [ECF# 1-2]
PC-KY-0010-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Ky.
01/15/2019
Third Amended Class Action Complaint [ECF# 126]
PC-KY-0010-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Ky.
07/12/2019
Memorandum Opinion and Order [ECF# 162] (2019 WL 3068447 / 2019 U.S.Dist.LEXIS 115940)
PC-KY-0010-0003.pdf | WESTLAW| LEXIS | Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Ky.
02/04/2020
Memorandum Opinion & Order [ECF# 202] (2020 WL 556391 / 2020 U.S.Dist.LEXIS 17793)
PC-KY-0010-0004.pdf | WESTLAW| LEXIS | Detail
Source: PACER [Public Access to Court Electronic Records]
U.S. Court of Appeals
07/06/2021
Opinion of the Court [Ct. of App. ECF# 42-2] (2021 WL 2799978)
PC-KY-0010-0001.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Batchelder, Alice Moore (N.D. Ohio, Sixth Circuit) show/hide docs
PC-KY-0010-0001
Griffin, Richard Allen (Sixth Circuit) show/hide docs
PC-KY-0010-0001
Stranch, Jane Branstetter (Sixth Circuit) show/hide docs
PC-KY-0010-0001
Van Tatenhove, Gregory Frederick (E.D. Ky.) show/hide docs
PC-KY-0010-0003 | PC-KY-0010-0004
Plaintiff's Lawyers Bathurst, Camille (Kentucky) show/hide docs
PC-KY-0010-0002 | PC-KY-0010-0005 | PC-KY-0010-9000
Belzley, Gregory A. (Kentucky) show/hide docs
PC-KY-0010-0002 | PC-KY-0010-0005 | PC-KY-0010-9000
Bentley, Aaron Joseph (Kentucky) show/hide docs
PC-KY-0010-0002 | PC-KY-0010-9000
Defendant's Lawyers Brown, Allison R. (Kentucky) show/hide docs
PC-KY-0010-9000
Dunn, Barry L (Kentucky) show/hide docs
PC-KY-0010-9000
Kaiser, Lainie Crouch (Kentucky) show/hide docs
PC-KY-0010-9000
Keeton, Linda Marion (Kentucky) show/hide docs
PC-KY-0010-9000
Kinsolving, Megan Handshoe (Kentucky) show/hide docs
PC-KY-0010-9000
Nolan, Brett Robert (Kentucky) show/hide docs
PC-KY-0010-9000
O'Reilly, Megan Pullem (Kentucky) show/hide docs
PC-KY-0010-9000
Payne, Taylor Allen (Kentucky) show/hide docs
PC-KY-0010-9000
Sharp, William E. (Kentucky) show/hide docs
PC-KY-0010-9000

- click to show/hide ALL -

new search
page permalink

- top of page -