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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