CLOSED,CV,PROTO
U.S. District Court U.S. District of Minnesota (DMN) CIVIL DOCKET FOR CASE #: 0:15−cv−02210−PJS−BRT

Ligons et al v. Minnesota Department of Corrections et al Assigned to: Judge Patrick J. Schiltz Referred to: Magistrate Judge Becky R. Thorson Demand: $75,000 Cause: 42:1983 Prisoner Civil Rights
Plaintiff

Date Filed: 05/01/2015 Date Terminated: 06/25/2019 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Ronaldo Ligons individually, and on behalf of those similarly situated

represented by Andrew H. Mohring Office of the Federal Defender 300 South Fourth Street 107 US Courhouse Minneapolis, MN 55415 612−664−5858 Fax: 612−664−5850 Email: andrew_mohring@fd.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carl Peter Erlinder Prof. C. Peter Erlinder (ret.) 1043 Grand Ave. Suite 228 Saint Paul, MN 55105 651−340−1272 Email: proferlinder@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Esther Agbaje Ciresi Conlin LLP 225 South Sixth Street Suite 4600 Minneapolis, MN 55402 612−361−8200 Email: eoa@ciresiconlin.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Katie Crosby Lehmann Ciresi Conlin LLP 225 S. 6th Street Ste 4600 Minneapolis, MN 55402 612−361−8203 Fax: 612−631−8232 Email: kcl@ciresiconlin.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael V Ciresi Ciresi Conlin LLP 225 South Sixth Street, Suite 4600 Mpls, MN 55402 612−361−8200 Email: SJA@ciresiconlin.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Barry Michaelson individually, and on behalf of those similarly situated TERMINATED: 12/01/2017
Plaintiff John Miles individually, and on behalf of those similarly situated TERMINATED: 12/01/2017
Plaintiff Jane Miles individually, and on behalf of those

Peter J Nickitas 431 S 7th Street, Suite 2446 Minneapolis, MN 55415 651−238−3445 Email: peterjnickitaslawllc@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew H. Mohring (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carl Peter Erlinder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Katie Crosby Lehmann (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael V Ciresi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter J Nickitas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew H. Mohring (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carl Peter Erlinder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Katie Crosby Lehmann (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael V Ciresi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter J Nickitas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew H. Mohring (See above for address)

similarly situated TERMINATED: 12/01/2017
Plaintiff John Stiles individually, and on behalf of those similarly situated TERMINATED: 12/01/2017
Plaintiff Jane Stiles individually, and on behalf of those similarly situated TERMINATED: 12/01/2017

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carl Peter Erlinder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Katie Crosby Lehmann (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael V Ciresi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter J Nickitas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew H. Mohring (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carl Peter Erlinder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Katie Crosby Lehmann (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael V Ciresi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter J Nickitas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew H. Mohring (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carl Peter Erlinder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Katie Crosby Lehmann (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff John Roe individually, and on behalf of those similarly situated
Plaintiff Jane Roe individually, and on behalf of those similarly situated

Michael V Ciresi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter J Nickitas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew H. Mohring (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carl Peter Erlinder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Esther Agbaje (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Katie Crosby Lehmann (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael V Ciresi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter J Nickitas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew H. Mohring (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carl Peter Erlinder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Esther Agbaje (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Katie Crosby Lehmann (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael V Ciresi

Plaintiff Brent Buchan
Plaintiff Lawrence Maxcy
V. Defendant Minnesota Department of Corrections

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter J Nickitas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew H. Mohring (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Esther Agbaje (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew H. Mohring (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Esther Agbaje (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ian M Welsh Minnesota Attorney General's Office Bremer Tower, Suite 1800 445 Minnesota Street St. Paul, MN 55101 651−757−1018 Email: ian.welsh@ag.state.mn.us TERMINATED: 05/23/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kelly S Kemp Minnesota Attorney General's Office 445 Minnesota Street Suite 1400 St. Paul, MN 551012127 651−757−1481 Email: kelly.kemp@ag.state.mn.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin Jonassen Minnesota Attorney General's Office 445 Minnesota Street Ste 900 St. Paul, MN 55101 651−757−1250 Email: kevin.jonassen@ag.state.mn.us

Defendant
Thomas Roy In his official capacity as Commissioner, Minnesota Department of Corrections TERMINATED: 01/11/2019

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lindsay Strauss Minnesota Attorney General's Office − Ste 900 445 Minnesota St Ste 900 St Paul, MN 55101−2127 651−757−1404 Fax: 612−630−9626 Email: lindsay.strauss@ag.state.mn.us TERMINATED: 05/31/2016 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew W Davis Stinson LLP 50 South Sixth Street Suite 2600 Minneapolis, MN 55402 612−335−1556 Fax: 612−335−1657 Email: andrew.davis@stinson.com TERMINATED: 07/07/2016
Andrew Tweeten United States Attorney's Office 600 United States Courthouse 300 South Fourth Street Minneapolis, MN 55415 612−664−5655 Fax: 612−664−5788 Email: andrew.tweeten@usdoj.gov TERMINATED: 06/09/2018
Kathryn Fodness Lathrop GPM LLP 80 S 8th St Ste 500 IDS Center Minneapolis, MN 55402 612−632−3015 Email: katy.fodness@lathropgpm.com TERMINATED: 11/06/2019
represented by Andrew W Davis (See above for address) TERMINATED: 07/07/2016 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ian M Welsh (See above for address) TERMINATED: 05/23/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kelly S Kemp (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin Jonassen (See above for address)

Defendant David A. Paulson M.D., In his official capacity as Medical Director, Minnesota Department of Corrections
Defendant Nanette Larson in her official capacity as Health Services Director, Minnesota Department of Corrections

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lindsay Strauss (See above for address) TERMINATED: 05/31/2016 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew Tweeten (See above for address) TERMINATED: 06/09/2018
Kathryn Fodness (See above for address) TERMINATED: 11/06/2019
represented by Andrew W Davis (See above for address) TERMINATED: 07/07/2016 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ian M Welsh (See above for address) TERMINATED: 05/23/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kelly S Kemp (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin Jonassen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lindsay Strauss (See above for address) TERMINATED: 05/31/2016 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew Tweeten (See above for address) TERMINATED: 06/09/2018
Kathryn Fodness (See above for address) TERMINATED: 11/06/2019
represented by Andrew W Davis (See above for address) TERMINATED: 07/07/2016 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ian M Welsh (See above for address) TERMINATED: 05/23/2017

Defendant Dr. D. Quiram M.D., in his individual and his official capacities for actions under color of law as Plaintiffs treating physician at Minnesota Correctional Facility, Stillwater TERMINATED: 10/31/2016
Defendant Dr. R. Hanson M.D., in his individual and his official capacities for actions under color of law as Plaintiffs treating physician at Minnesota Correctional Facility, Stillwater TERMINATED: 02/23/2016
Defendant John Does A−J in their respective individual and official capacities for actions under color of law

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kelly S Kemp (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin Jonassen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lindsay Strauss (See above for address) TERMINATED: 05/31/2016 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew Tweeten (See above for address) TERMINATED: 06/09/2018
Kathryn Fodness (See above for address) TERMINATED: 11/06/2019
represented by Anthony J Novak Larson King, LLP 30 E 7th St Ste 2800 St Paul, MN 55101−4922 651−312−6571 Fax: 651−312−6618 Email: tnovak@larsonking.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark A Solheim Larson King, LLP 30 E 7th St. Ste 2800 St Paul, MN 55101−4922 651−312−6500 Fax: 651−312−6618 Email: msolheim@larsonking.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Anthony J Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark A Solheim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

as staff of Minnesota Correctional Facilities, Stillwater and Faribault TERMINATED: 12/01/2017
Defendant Jane Does A−J in their respective individual and official capacities for actions under color of law as staff of Minnesota Correctional Facilities, Stillwater and Faribault TERMINATED: 12/01/2017
Defendant Centurion Managed Care a division of CENTENE CORPORATION, a Missouri Corporation TERMINATED: 06/03/2015
Defendant CENTURION OF MINNESOTA, L.L.C. TERMINATED: 11/16/2016
Defendant David A. Paulsen, M.D. In his official capacity as Medical Director, Minnesota Department of Corrections TERMINATED: 12/01/2017
Defendant Paul Schnell In his official capacity as Commissioner, Minnesota Department of Corrections

represented by Anthony J Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Anthony J Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark A Solheim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kathryn Fodness (See above for address) TERMINATED: 11/06/2019
represented by Kevin Jonassen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Fodness (See above for address) TERMINATED: 11/06/2019

Date Filed 05/01/2015
05/01/2015 05/01/2015

# Docket Text
1 COMPLAINT OF ALL PLAINTIFFS, AND ALL INDIVIDUALS SIMILARLY SITUATED, against All Defendants. (IFP Pending) Filed by Barry Scott Michaelson, Ronaldo S Ligons, John Miles, Jane Miles. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet) (Nickitas, Peter) Modified text on 5/1/2015 (MMP). (Entered: 05/01/2015)
2 Application to Proceed in District Court without Prepaying Fees or Costs OF PLAINTIFF BARRY MICHAELSON, ON BEHALF OF ALL PLAINTIFFS, filed by Ronaldo S Ligons, JANE MILES, JOHN MILES, Barry Scott Michaelson, John or Jane Roe, JANE STILES, JOHN STILES. (Nickitas, Peter) (Entered: 05/01/2015)
3 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Richard H. Kyle per Prisoner List referred to Magistrate Judge

05/04/2015 05/04/2015 05/11/2015
05/19/2015 05/20/2015 05/26/2015
06/01/2015 06/03/2015 06/03/2015 06/04/2015 06/10/2015 06/29/2015 06/29/2015 06/30/2015

Becky R. Thorson. Please use case number 15−cv−2210 (RHK/BRT). (MMP) (Entered: 05/01/2015)
4 ORDER for Disqualification and for Reassignment. Signed by Judge Richard H. Kyle on 05/04/15. (KLL) (Entered: 05/04/2015)
5 TEXT ONLY ENTRY: CLERK'S NOTICE OF REASSIGNMENT. This case is reassigned to Judge Patrick J. Schiltz. Judge Richard H. Kyle no longer assigned to the case. NOTE: the new case number is 15−cv−2210 PJS/BRT. Please use this case number for all subsequent pleadings. (LEG) (Entered: 05/04/2015)
6 ORDER 1. Plaintiff Barry Michaelson's application to proceed in forma pauperis (Doc. No. 2 ) will not be granted at this time. 2. Michaelson must pay an initial partial filing fee of at least $57.91 within 20 days after the date of this order, failing which this Court will recommend that Michaelson be dismissed from this action without prejudice for failure to prosecute. 3. Plaintiff Ronaldo Ligons must either submit the full $400.00 filing fee or submit an application to proceed in forma pauperis within 20 days after the date of this order, failing which this Court will recommend that Ligons be dismissed from this action without prejudice for failure to prosecute. Signed by Magistrate Judge Becky R. Thorson on 5/11/15. (LEG) (Entered: 05/11/2015)
7 Application to Proceed in District Court without Prepaying Fees or Costs filed by Ronaldo Ligons. (Nickitas, Peter) (Entered: 05/19/2015)
8 RECEIPT number 34641012877 in the amount of $57.91 issued to Peter Nickitas. (LEG) Document QC'd on 5/26/2015 (JGK). (Entered: 05/20/2015)
9 ORDER that: 1. Plaintiff Ronaldo Ligons must pay an initial partial filing fee of at least $61.92 within 20 days after the date of this Order. 2. Should Ligons fail to pay the initial partial filing fee, it will be recommended that he be dismissed from this action without prejudice for failure to prosecute. Signed by Magistrate Judge Becky R. Thorson on 5/26/15. (LEG) (Entered: 05/26/2015)
10 RECEIPT number 34641012902 in the amount of $61.92 issued to Int Humanitarian Law Institute. (LEG) Modified text on 6/2/2015 (LEG). (Entered: 06/02/2015)
11 AMENDED COMPLAINT (FIRST) against All Defendants. Filed by Jane Stiles, Barry Michaelson, Ronaldo Ligons, Jane Roe, John Stiles, John Roe, John Miles, Jane Miles. Filer requests summons issued. (Nickitas, Peter) (Entered: 06/03/2015)
12 FILED IN ERROR: Summons Issued as to CENTURION OF MINNESOTA, L.L.C., Jane Does A−J, John Does A−J, R. Hanson, Nanette Larson, Minnesota Department of Corrections, David A. Paulson, D. Quiram, Thomas Roy. (MMP) Modified on 6/4/2015 (TSS). (Entered: 06/03/2015)
13 ORDER The applications for leave to proceed in forma pauperis of plaintiffs Ronaldo Ligons and Barry Michaelson (Doc. Nos. 2 & 7 ) are GRANTED. See Order for details. Signed by Magistrate Judge Becky R. Thorson on 6/4/15. (LEG) (Entered: 06/04/2015)
14 Summons Issued as to CENTURION OF MINNESOTA, L.L.C., Centurion Managed Care, Jane Does A−J, John Does A−J, R. Hanson, Nanette Larson, Minnesota Department of Corrections, David A. Paulson, D. Quiram, Thomas Roy. (LEG) (Entered: 06/10/2015)
15 RECEIPT number 34641012968 in the amount of $288.08 issued to Int Humanitarian Law Institute for Ronaldo Ligons. (LEG) Document QC'd on 7/1/2015 (JGK). (Entered: 06/29/2015)
16 RECEIPT number 34641012969 in the amount of $292.09 issued to Int Humanitarian Law Inst for Barry Michaelson. (LEG) Document QC'd on 7/1/2015 (JGK). (Entered: 06/29/2015)
17 LETTER TO DISTRICT JUDGE AND MAGISTRATE JUDGE by Ronaldo Ligons, Barry Michaelson (AND TO M.J. THORSON −− SEEKING LEAVE TO ADDRESS COURT BY LETTER, REGARDING FILING FEE ISSUE). (Nickitas, Peter) Modified text on 6/30/2015 (MMP). (Entered: 06/30/2015)

07/02/2015
07/06/2015 07/06/2015 07/09/2015
07/17/2015 07/20/2015 07/28/2015 07/28/2015 07/28/2015
07/30/2015 07/30/2015
07/30/2015 07/31/2015 08/07/2015 08/18/2015

18 STIPULATION to Extend Deadline to File an Answer to First Amended Complaint by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. Jointly Signed by Dr. D. Quiram, M.D., Dr. R. Hanson, M.D., Centurion of Minnesota, LLC, Ronaldo Ligons, and Barry Michaelson. (Strauss, Lindsay) (Entered: 07/02/2015)
19 RECEIPT number 44641084257 in the amount of $51.55 issued to Barry Michaelson. (LEG) DOCUMENT QC'd by KT on 7/9/15. (kt) (Entered: 07/06/2015)
20 ORDER re 18 Stipulation. The deadline by which Defendants must file an Answer to Plaintiffs First Amended Complaint is extended to July 28, 2015. Signed by Magistrate Judge Becky R. Thorson on 7/6/15. (LEG) (Entered: 07/06/2015)
21 SUMMONS Returned Executed by Jane Stiles, Barry Michaelson, Ronaldo Ligons, Jane Roe, John Stiles, John Roe, John Miles, Jane Miles. CENTURION OF MINNESOTA, L.L.C. served on 6/23/2015, answer due 7/14/2015; R. Hanson served on 6/23/2015, answer due 7/14/2015; Nanette Larson served on 6/23/2015, answer due 7/14/2015; Minnesota Department of Corrections served on 6/23/2015, answer due 7/14/2015; David A. Paulson served on 6/30/2015, answer due 7/21/2015; D. Quiram served on 6/23/2015, answer due 7/14/2015; Thomas Roy served on 6/23/2015, answer due 7/14/2015; Lori Swanson, Minnesota Attorney General Served on 6/23/15, answer due 7/14/15. (LEG) DOCUMENT QC'd by KT on 7/9/15. (kt) (Entered: 07/09/2015)
22 LETTER TO DISTRICT JUDGE AND MAGISTRATE JUDGE by Ronaldo Ligons, Barry Michaelson Re documents #13, #15−#17 and continued overcharging of Mr. Michaelson for filing fee by MN Dep't of Corrections, Corrections Facility Stillwater. (Nickitas, Peter) Modified text on 7/20/2015 (MMP). (Entered: 07/17/2015)
23 ORDER regarding filing fee deductions. See order for details. Signed by Judge Patrick J. Schiltz on 7/20/2015. (ECW) (Entered: 07/20/2015)
24 ANSWER to Amended Complaint by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Strauss, Lindsay) (Entered: 07/28/2015)
25 ANSWER to Amended Complaint by CENTURION OF MINNESOTA, L.L.C., R. Hanson, D. Quiram. (Solheim, Mark) (Entered: 07/28/2015)
26 RULE 7.1 DISCLOSURE STATEMENT. Pursuant to Federal Rule of Civil Procedure 7.1, Defendant Centurion of Minnesota, LLC, makes the following corporate disclosure statement: Centurion of Minnesota, LLC is a limited liability company owned by Centurion, LLC. (Solheim, Mark) Modified text on 7/28/2015 (MMP). (Entered: 07/28/2015)
27 MOTION for Contempt against Minnesota Department of Corrections for Direct Disobedience of Court Order Dated July 20, 2015 (Docket 23) by Barry Michaelson. (Nickitas, Peter) (Entered: 07/30/2015)
28 DOCUMENT FILED IN ERROR−WILL REFILE − Declaration of PETER J. NICKITAS in Support of 27 MOTION for Contempt against Minnesota Department of Corrections for Direct Disobedience of Court Order Dated July 20, 2015 (Docket 23) filed by Barry Michaelson. (Attachments: # 1 Exhibit(s) 1)(Nickitas, Peter) Modified text on 7/30/2015 (MMP). (Entered: 07/30/2015)
29 Declaration of PETER J. NICKITAS in Support of 27 MOTION for Contempt against Minnesota Department of Corrections for Direct Disobedience of Court Order Dated July 20, 2015 (Docket 23) filed by Barry Michaelson. (Attachments: # 1 Exhibit(s) 1)(Nickitas, Peter) (Entered: 07/30/2015)
30 ORDER denying without prejudice 27 Motion for Contempt. Signed by Judge Patrick J. Schiltz on 07/31/2015. (ECW) (Entered: 07/31/2015)
31 NOTICE of Pretrial Conference: Pretrial Conference set for 10/1/2015 09:00 AM in Courtroom 3A (STP) before Magistrate Judge Becky R. Thorson. (Attachments: # 1 Consent Form)(JDF) (Entered: 08/07/2015)
32 TEXT ONLY ENTRY: NOTICE of Resetting of Hearing: 31 NOTICE of Pretrial Conference: The Pretrial Conference, originally set for 10/1/2015, is reset to 10/07/2015 at 09:00 AM in Courtroom 3A (STP) before Magistrate Judge Becky R. Thorson. Approved by Magistrate Judge Becky R. Thorson. (Entered: 08/18/2015)

08/28/2015 09/16/2015 10/08/2015 10/15/2015 10/15/2015 10/15/2015 10/20/2015
10/20/2015
10/28/2015 10/29/2015 11/02/2015 11/23/2015

33 LETTER TO DISTRICT JUDGE by Barry Michaelson (referring to ECF 23). (Nickitas, Peter) (Entered: 08/28/2015)
34 TEXT ONLY ENTRY: NOTICE of Resetting of Hearing: 31 NOTICE of Pretrial Conference: The Pretrial Conference in this matter will take place on 10/15/15 at 09:00 AM in Courtroom 3A (STP) before Magistrate Judge Becky R. Thorson. (Entered: 09/16/2015)
35 RECEIPT number 44641085639 in the amount of $50.00 issued to Ronaldo Ligons. (kt) Document QC'd on 11/5/2015 (JGK). (Entered: 10/08/2015)
36 AFFIDAVIT of Bennett D. Cecil, III, M.D. by Ronaldo Ligons, Barry Michaelson. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) Placeholder for E, # 6 Exhibit(s) Placeholder for F, # 7 Exhibit(s) G)(Nickitas, Peter) (Entered: 10/15/2015)
37 AFFIDAVIT of Martin E. Gordon, M.D. by Ronaldo Ligons, Barry Michaelson. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) Placeholder for C, # 4 Exhibit(s) Placeholder for D, # 5 Exhibit(s) E, # 6 Exhibit(s) F)(Nickitas, Peter) (Entered: 10/15/2015)
38 Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Initial Pretrial Conference held on 10/15/2015. Discussion of pretrial deadlines and settlement. A Pretrial Scheduling Order will be issued. (LEG) (Entered: 10/15/2015)
39 DOCUMENT FILED IN ERROR−REFILED AT 40 − STIPULATION AS TO FILING AND SERVICE OF SECOND AMENDED COMPLAINT by Ronaldo Ligons, Barry Michaelson. Jointly Signed by RONALDO LIGONS, BARRY MICHAELSON, MINNESOTA DEPARTMENT OF CORRECTIONS, COMMISSIONER THOMAS ROY, DAVID PAULSON, M.D., NANETTE LARSON, CENTURION OF MINNESOTA, LLC, DAVID QUIRAM, M.D., and ROLF HANSON, M.D.. (Attachments: # 1 Exhibit(s) Red−strikethrough version of second amended complaint, # 2 Exhibit(s) black smooth version of second amended complaint, # 3 Exhibit(s) Exhibit 1 to second amended complaint, # 4 Exhibit(s) Exhibit 2 to second amended complaint)(Nickitas, Peter) Modified on 10/21/2015 (MMP). (Entered: 10/20/2015)
40 STIPULATION (CORRECTED) AS FILING AND SERVICE OF PLAINTIFFS' SECOND AMENDED COMPLAINT by Ronaldo Ligons, Barry Michaelson. Jointly Signed by RONALDO LIGONS, BARRY MICHAELSON, MINNESOTA DEPARTMENT OF CORRECTIONS, COMMISSIONER THOMAS ROY, DAVID PAULSON, M.D., NANETTE LARSON, CENTURION OF MINNESOTA, LLC, DAVID QUIRAM, M.D., and ROLF HANSON, M.D.. (Attachments: # 1 Exhibit(s) proposed second amended complaint (red corrected), # 2 Exhibit(s) proposed second amended complaint (smooth), # 3 Exhibit(s) Exhibit 1 to second amended complaint, # 4 Exhibit(s) Exhibit 2 to second amended complaint)(Nickitas, Peter) (Entered: 10/20/2015)
41 ORDER re 40 . IT IS HEREBY ORDERED that: 1. Plaintiffs shall file and serve their second amended complaint forthwith; 2. The court shall deem service of the Plaintiff's second amended complaint upon Defendants upon filing; and 3. Defendants shall answer the second amended complaint within twenty−eight (28) days of filing and service of the second amended complaint. Signed by Magistrate Judge Becky R. Thorson on 10/27/15. (LEG) (Entered: 10/28/2015)
42 AMENDED COMPLAINT (SECOND) against All Defendants. Filed by Barry Michaelson, Ronaldo Ligons. Filer requests no summons issued. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2) (Nickitas, Peter) Modified text on 10/29/2015 (las). (Entered: 10/29/2015)
43 PRETRIAL SCHEDULING ORDER: Telephone Status Conference set for 2/25/2016 08:30 AM before Magistrate Judge Becky R. Thorson. Amended Pleadings due by 1/4/2016. Discovery due by 9/14/2016. Motions (non−disp) due 12/30/2016. Motions (disp) due by 2/28/2017. Ready for trial due by 7/5/2017. Signed by Magistrate Judge Becky R. Thorson 11/2/2015. (lmb) (Entered: 11/02/2015)
44 ANSWER to Amended Complaint Second Amended Complaint by CENTURION OF MINNESOTA, L.L.C., R. Hanson, D. Quiram. (Solheim, Mark) (Entered: 11/23/2015)

11/25/2015 12/14/2015 12/15/2015 01/11/2016 02/19/2016 02/23/2016 02/25/2016 02/29/2016 02/29/2016 02/29/2016
03/02/2016 04/28/2016 04/29/2016

45 ANSWER to Amended Complaint (second amended complaint) by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Strauss, Lindsay) (Entered: 11/25/2015)
46 STIPULATION for Protective Order by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. DOCUMENT FILED IN ERROR−(Attachments: # 1 Exhibit(s))(Strauss, Lindsay) Modified text on 12/14/2015 (MMP). (Entered: 12/14/2015)
47 PROTECTIVE ORDER. Signed by Magistrate Judge Becky R. Thorson on 12/15/15. (LEG) (Entered: 12/15/2015)
48 NOTICE of Appearance by Andrew W Davis on behalf of Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Davis, Andrew) (Entered: 01/11/2016)
49 STIPULATION of Dismissal With Prejudice of Dr. R. Hanson, M.D. by R. Hanson. Jointly Signed by Ronaldo Ligons, Barry Michaelson, John Roe, Jane Roe, John Miles, Jane Miles, John Stiles, Jane Stiles, MN Dept. of Corrections, Thomas Roy, Dr. David Paulson, Nanette Larson, Dr. D. Quiram, John and Jane Does A − J, and Centurion of Minnesota, LLC. (Solheim, Mark) (Entered: 02/19/2016)
50 ORDER OF DISMISSAL. Signed by Judge Patrick J. Schiltz on February 23, 2016. (CLG) (Entered: 02/23/2016)
51 Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Telephone Status Conference held on 2/25/2016. The next telephone status conference is hereby set for April 28, 2016, at 8:30 a.m. Chambers to provide call−in instructions separately. (LEG) (Entered: 02/25/2016)
52 MOTION for Admission Pro Hac Vice for Attorney CARL PETER ERLINDER. Filing fee $ 100, receipt number AMNDC−4799307 by Ronaldo Ligons, Barry Michaelson. (Nickitas, Peter) (Entered: 02/29/2016)
53 AFFIDAVIT of Peter J. Nickitas in SUPPORT OF 52 MOTION for Admission Pro Hac Vice for Attorney CARL PETER ERLINDER. Filing fee $ 100, receipt number AMNDC−4799307 filed by Ronaldo Ligons, Barry Michaelson. (Nickitas, Peter) (Entered: 02/29/2016)
54 AFFIDAVIT of CARL PETER ERLINDER in SUPPORT OF 52 MOTION for Admission Pro Hac Vice for Attorney CARL PETER ERLINDER. Filing fee $ 100, receipt number AMNDC−4799307 filed by Ronaldo Ligons, Barry Michaelson. (Attachments: # 1 Exhibit(s) Letter of Good Standing −− Illinois Supreme Court, # 2 Exhibit(s) 16 October 2015 Letter from Minnesota Supreme Court −− Board of Bar Examiners re Application, # 3 Exhibit(s) Letter of Good Standing −− U.S. Court of Appeals for the 4th Circuit, # 4 Exhibit(s) Letter of Good Standing −− U.S. Court of Appeals for the Sixth Circuit, # 5 Exhibit(s) Letter of Good Standing −− U.S. Court of Appeals for the Seventh Circuit, # 6 Exhibit(s) Letter of Good Standing −− U.S. Court of Appeals for the Eighth Circuit, # 7 Exhibit(s) Letter of Good Standing, U.S. Court of Appeals for the Tenth Circuit, # 8 Exhibit(s) Letter of Good Standing, U.S. Supreme Court)(Nickitas, Peter) (Entered: 02/29/2016)
55 ORDER denying 52 MOTION for Admission Pro Hac Vice for Attorney CARL PETER ERLINDER. Signed by Judge Patrick J. Schiltz on March 2, 2016. (CLG) (Entered: 03/02/2016)
56 Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Telephone Status Conference held on 4/28/2016. Next Telephone Status Conference set for 6/21/2016 10:00 AM before Magistrate Judge Becky R. Thorson. Chambers to provide call−in instructions separately. A Settlement Conference is set for 10/5/16. A separate Order for Settlement Conference will be issued. (LEG) (Entered: 04/29/2016)
57 ORDER FOR SETTLEMENT CONFERENCE. Settlement Conference set for 10/5/2016 09:30 AM in Judge's Chambers, Suite 646 (STP) before Magistrate Judge Becky R. Thorson. Signed by Magistrate Judge Becky R. Thorson on 4/28/16. (LEG) (Entered: 04/29/2016)

05/31/2016 06/02/2016 06/03/2016 06/03/2016
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58 NOTICE of Withdrawal as Attorney (Strauss, Lindsay) (Entered: 05/31/2016)
59 LETTER TO MAGISTRATE JUDGE by Ronaldo Ligons, Barry Michaelson requesting informal dispute resolution (IDR) of discovery dispute. (Nickitas, Peter) (Entered: 06/02/2016)
60 LETTER TO MAGISTRATE JUDGE by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy . (Davis, Andrew) (Entered: 06/03/2016)
61 TEXT ENTRY ONLY ORDER: The Court is in receipt of the letters filed at Doc. Nos. 59 and 60. The Court cannot grant Plaintiffs' request for IDR without the consent of the other parties. The parties should meet and confer on the discovery issues mentioned in the letters. If the parties cannot resolve the issues on their own, and do not agree on presenting the issues through IDR, then a formal motion should be promptly filed. Signed by Magistrate Judge Becky R. Thorson. (MSK) (Entered: 06/03/2016)
62 NOTICE of Appearance by Ian M Welsh on behalf of Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Welsh, Ian) (Entered: 07/06/2016)
63 NOTICE of Withdrawal as Attorney (Davis, Andrew) (Entered: 07/06/2016)
64 NOTICE of Appearance by Kathryn Fodness on behalf of Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Fodness, Kathryn) (Entered: 08/04/2016)
65 MOTION for Writ of Habeas Corpus ad testificandum by Ronaldo Ligons, Barry Michaelson. (Nickitas, Peter) (Entered: 09/18/2016)
66 Amended MOTION for Writ of Habeas Corpus ad testificandum by Ronaldo Ligons, Barry Michaelson. (Attachments: # 1 Placeholder for EXHIBIT A)(Nickitas, Peter) (Entered: 09/19/2016)
67 ORDER denying 65 Motion for Writ of Habeas Corpus ad testificandum; denying 66 Motion for Writ of Habeas Corpus ad testificandum. An Amended Order for Settlement Conference will be issued. Signed by Magistrate Judge Becky R. Thorson on 09/20/2016. (MSK) (Entered: 09/20/2016)
68 AMENDED ORDER FOR SETTLEMENT CONFERENCE. Settlement Conference set for 10/5/2016 09:30 AM in Judge's Chambers, Suite 646 (STP) before Magistrate Judge Becky R. Thorson. Signed by Magistrate Judge Becky R. Thorson on 9/20/16. (LEG) (Entered: 09/20/2016)
69 DISCLOSURE OF EXPERT WITNESSES by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy.(Welsh, Ian) (Entered: 09/21/2016)
70 DISCLOSURE OF EXPERT WITNESSES by Plaintiffs Ron Ligons, Barry Michaelson, by John Miles, Jane Roe, John Roe, Jane Stiles, John Stiles.(Nickitas, Peter) (Entered: 09/21/2016)
71 MOTION for Leave to Appear via Electronic Means to assure continuous telephonic communication between incarcerated Plaintiffs, their counsel, and the chambers of Magistrate Judge Thorson for the entirety of the 5 October 2016 Settlement Conference beginning at 9:00 a.m. by Ronaldo Ligons, Barry Michaelson. (Nickitas, Peter) (Entered: 09/30/2016)
72 ORDER Plaintiffs' Motion 71 is DENIED as moot. The Court has confirmed telephonic arrangements for the Settlement Conference with the Faribault Prison for Plaintiff Ligons, and telephonic arrangements with the Stillwater Prison for Plaintiff Michaelson. Signed by Magistrate Judge Becky R. Thorson on 10/4/16. (LEG) (Entered: 10/04/2016)
73 Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Settlement Conference held on 10/5/2016. Confidential Settlement reached between Plaintiffs and Dr. D. Quiram, and Centurion of Minnesota, LLC. No settlement reached between Plaintiffs and Minnesota Department of Corrections, Thomas Roy, Dr. David A. Paulson, Nanette Larson. (LEG) (Entered: 10/07/2016)

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74 TEXT ENTRY ONLY NOTICE: A telephone status conference is set for 10/13/2016 at 9:30 AM with Magistrate Judge Thorson. The parties have been provided call−in instructions. (MSK) (Entered: 10/12/2016)
75 Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Telephone Status Conference held on 10/13/2016. (LEG) (Entered: 10/13/2016)
76 STIPULATION re 43 Scheduling Order, to Amend Scheduling Order and Set Briefing Schedule (Jointly Signed by Parties) by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Fodness, Kathryn) (Entered: 10/17/2016)
77 ORDER AMENDING PRETRIAL SCHEDULING ORDER AND SETTING BRIEFING SCHEDULE: re: Stipulation 76 . Motions (disp) due by 2/28/2017. Ready for trial due by 9/5/2017. Signed by Magistrate Judge Becky R. Thorson on 10/20/2016. See Order for further details.(las) (Entered: 10/20/2016)
78 STIPULATION of Dismissal With Prejudice of Dr. D. Quiram, M.D. by CENTURION OF MINNESOTA, L.L.C., D. Quiram. Jointly Signed by Ronaldo Ligons, Barry Michaelson, John Roe, Jane Roe, John Miles, Jane Miles, John Stiles, and Jane Stiles. (Novak, Anthony) (Entered: 10/28/2016)
79 DECLARATION of Julie A. Thompson, M.D. by Ronaldo Ligons, Barry Michaelson and all similarly situated plaintiffs. (Attachments: # 1 Exhibit(s) A'−−CV of Dr. Julie A. Thompson, M.D., # 2 Exhibit(s) A −− Report Reference Exhibit A −− PDF of hcvguidelines.org, # 3 Exhibit(s) Dr. Thompson Report Reference Exhibit B −− Index of MN DOC Medical Records of Ronaldo Ligons, # 4 Exhibit(s) Dr. Thompson Report Reference Exhibit C −− Index of MN DOC Medical Records of Barry Michaelson, # 5 Exhibit(s) Dr. Thompson Report Reference Exhibit D −− MN DOC HCV Protocol, # 6 Exhibit(s) Dr. Thompson Report Reference Exhibit G −− Declaration of Dr. Robert Gish, M.D., # 7 Exhibit(s) Dr. Thompson Report Reference Exhibit J −− CDC Report on HCV and Incarceration, # 8 Placeholder for Rx1 (Ronaldo Ligons) and Rx2 (Barry Michaelson))(Nickitas, Peter) Conventionally filed document received on 11/2/2016 (SAE). (Entered: 10/30/2016)
80 ORDER OF DISMISSAL. Signed by Judge Patrick J. Schiltz on October 31, 2016. (CLG) (Entered: 10/31/2016)
81 LETTER TO MAGISTRATE JUDGE by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy to initiate Court's IDR process. (Welsh, Ian) (Entered: 10/31/2016)
82 STIPULATION for Protective Order by Plaintiffs and Jointly Signed by Ronaldo Ligons, et al., MN Dept. of Corrections, Thomas Roy, Dr. David A. Paulson, and Nanette Larson. (Welsh, Ian) Modified on 11/1/2016 (MMP). (Entered: 11/01/2016)
83 MOTION request leave of court to depose Plaintiff's Ligons and Michaelson Defendants' Unopposed Motion to Depose Persons Confined in Person by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Welsh, Ian) (Entered: 11/02/2016)
84 NOTICE OF HEARING ON MOTION 83 MOTION request leave of court to depose Plaintiff's Ligons and Michaelson Defendants' Unopposed Motion to Depose Persons Confined in Person : at date and time to be determined. (Welsh, Ian) (Entered: 11/02/2016)
85 MEMORANDUM in Support re 83 MOTION request leave of court to depose Plaintiff's Ligons and Michaelson Defendants' Unopposed Motion to Depose Persons Confined in Person filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Welsh, Ian) (Entered: 11/02/2016)
86 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy re 83 MOTION request leave of court to depose Plaintiff's Ligons and Michaelson Defendants' Unopposed Motion to Depose Persons Confined in Person (Welsh, Ian) (Entered: 11/02/2016)

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87 ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION TO DEPOSE PERSONSCONFINED IN PRISON re: 83 . Signed by Magistrate Judge Becky R. Thorson on 11/2/2016. (las) (Entered: 11/02/2016)
88 BRIEFING ORDER. See Order for details. Signed by Judge Patrick J. Schiltz on November 8, 2016. (CLG) (Entered: 11/08/2016)
89 AMENDED BRIEFING ORDER. Signed by Judge Patrick J. Schiltz on November 9, 2016. (CLG) (Entered: 11/10/2016)
90 STIPULATION of Dismissal with Prejudice of Centurion of Minnesota, LLC by Centurion Managed Care. Jointly Signed by Ronaldo Ligons, Barry Michaelson, John Roe, Jane Roe, John Miles, Jane Miles, John Stiles, and Jane Stiles. (Novak, Anthony) (Entered: 11/16/2016)
91 ORDER OF DISMISSAL. Signed by Judge Patrick J. Schiltz on November 16, 2016. (CLG) (Entered: 11/16/2016)
92 FIRST AMENDED PROTECTIVE ORDER. Signed by Magistrate Judge Becky R. Thorson on 11/17/2016. (las) (Entered: 11/17/2016)
93 DECLARATION of Julie A. Thompson, M.D., Rebuttal Declaration of Dr. Julie A. Thompson, M.D., in response to the Report of Dr. Newton Kendig by Ronaldo Ligons, Barry Michaelson, John Stiles, Jane Stiles, John Miles, Jane Miles, John Roe, Jane Roe. (Nickitas, Peter) Modified text on 11/29/2016 (lmb). (Entered: 11/29/2016)
94 DOCUMENT FILED IN ERROR − DISCLOSURE OF EXPERT WITNESSES Defendants' Rebuttal by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy.(Welsh, Ian) Modified on 12/1/2016 (MMP). (Entered: 11/29/2016)
95 TEXT ONLY ENTRY: NOTICE of Cancelation of Hearing: The continued settlement conference set for 02/16/2017 before Magistrate Judge Becky R. Thorson is canceled and will be reset to a future date. (MSK) (Entered: 01/31/2017)
96 STIPULATION to Amend Briefing Order and Request for Leave to Exceed Word Limit by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. Jointly signed by Plaintiffs.(Welsh, Ian) Modified on 2/21/2017 (MMP). (Entered: 02/21/2017)
97 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy re 96 Stipulation to Amend Briefing Order and Request for Leave to Exceed Word Limit (Welsh, Ian) (Entered: 02/21/2017)
98 SECOND AMENDED BRIEFING ORDER. Signed by Judge Patrick J. Schiltz on 2/23/2017. (ECW) (Entered: 02/23/2017)
99 NOTICE TO ATTORNEYS. Motion Hearing on plaintiffs' motions to certify class and for preliminary injunction and defendants' motion for summary judgment rescheduled for 6/16/2017 09:00 AM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. (CLG) (Entered: 02/27/2017)
100 TEXT ONLY ENTRY: NOTICE of Cancelation & Resetting of Hearing: Motion Hearing on plaintiffs' motions to certify class and for preliminary injunction and defendants' motion for summary judgment are RESCHEDULED for 6/26/2017 08:30 AM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. NOTE DATE AND TIME CHANGE.(CLG) (Entered: 03/01/2017)
101 NOTICE of Appearance by Car Peter Erlinder on behalf of Ronaldo Ligons. (Erlinder, Car) (Entered: 03/16/2017)
102 NOTICE of Appearance by Peter J Nickitas on behalf of All Plaintiffs. (Nickitas, Peter) (Entered: 03/20/2017)
103 TEXT ONLY ENTRY: NOTICE of Cancelation & Resetting of Hearing: Motion Hearing on plaintiffs' motions to certify class and for preliminary injunction and defendants' motion for summary judgment are RESCHEDULED for 7/26/2017 09:00 AM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. NOTE DATE AND

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TIME CHANGE.(CLG) (Entered: 03/28/2017)
104 MOTION for Summary Judgment filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Fodness, Kathryn) (Entered: 03/28/2017)
105 NOTICE OF HEARING ON MOTION 104 MOTION for Summary Judgment : Motion Hearing set for 6/26/2017 08:30 AM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. (Fodness, Kathryn) Modified on 3/29/2017 (MMP). (Entered: 03/28/2017)
106 SEALED MEMORANDUM in Support re 104 MOTION for Summary Judgment (Filed Under Seal) filed by Kathryn Fodness for Defendants. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Fodness, Kathryn) (Entered: 03/28/2017)
107 Redacted Document for 106 Sealed Memorandum of Law in Support of Defendants 104 Motion for Summary Judgment filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy.(Fodness, Kathryn) Modified text on 3/29/2017 (MMP). (Entered: 03/28/2017)
108 SEALED AFFIDAVIT of Dr. David Paulson in SUPPORT OF 104 MOTION for Summary Judgment (Filed Under Seal) filed by Kathryn Fodness for Defendants.(Fodness, Kathryn) Modified on 3/29/2017 (MMP). (Entered: 03/28/2017)
109 Redacted Document for 108 Sealed Affidavit of Dr. David Paulson filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Attachments: # 1 Exhibit(s) A−J)(Fodness, Kathryn) Modified on 3/29/2017 (MMP). (Entered: 03/28/2017)
110 SEALED EXHIBIT K of Dr. David Paulson re 108 Affidavit in Support of Motion filed by Kathryn Fodness for Defendants.(Fodness, Kathryn) (Entered: 03/28/2017)
111 SEALED EXHIBIT L of Dr. David Paulson re 108 Affidavit in Support of Motion filed by Kathryn Fodness for Defendants.(Fodness, Kathryn) (Entered: 03/28/2017)
112 SEALED EXHIBIT M of Dr. David Paulson re 108 Affidavit in Support of Motion filed by Kathryn Fodness for Defendants.(Fodness, Kathryn) (Entered: 03/28/2017)
113 SEALED EXHIBIT N of Dr. David Paulson re 108 Affidavit in Support of Motion filed by Kathryn Fodness for Defendants.(Fodness, Kathryn) (Entered: 03/28/2017)
114 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for 113 , 110 , 112 , 111 Sealed Exhibits K−N of Dr. David Paulson Affidavit filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy.(Fodness, Kathryn) (Entered: 03/28/2017)
115 AFFIDAVIT of Nanette Larson in SUPPORT OF 104 MOTION for Summary Judgment filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Attachments: # 1 Exhibit(s) 1)(Fodness, Kathryn) (Entered: 03/28/2017)
116 SEALED AFFIDAVIT of Rick Pung in SUPPORT OF 104 MOTION for Summary Judgment (Filed Under Seal) filed by Kathryn Fodness for Defendants.(Fodness, Kathryn) (Entered: 03/28/2017)
117 Redacted Document for 116 Sealed Affidavit of Rick Pung filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Attachments: # 1 Exhibit(s) B, # 2 Exhibit(s) D)(Fodness, Kathryn) Modified on 3/29/2017 (MMP). (Entered: 03/28/2017)
118 SEALED EXHIBIT A of Rick Pung re 116 Affidavit in Support of Motion filed by Kathryn Fodness for Defendants.(Fodness, Kathryn) (Entered: 03/28/2017)
119 SEALED EXHIBIT C of Rick Pung re 116 Affidavit in Support of Motion filed by Kathryn Fodness for Defendants.(Fodness, Kathryn) (Entered: 03/28/2017)
120 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for 118 , 119 Sealed Exhibits A and C of Affidavit of Rick Pung filed by

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Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy.(Fodness, Kathryn) (Entered: 03/28/2017)
121 AFFIDAVIT of Kathryn A. Fodness in SUPPORT OF 104 MOTION for Summary Judgment filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Attachments: # 1 Exhibit(s) A−B)(Fodness, Kathryn) (Entered: 03/28/2017)
122 EXHIBIT D−H of Kathryn A. Fodness re 121 Affidavit in Support of Motion, filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy.(Fodness, Kathryn) (Entered: 03/28/2017)
123 SEALED EXHIBIT I of Kathryn A. Fodness re 121 Affidavit in Support of Motion, filed by Kathryn Fodness for Defendants.(Fodness, Kathryn) (Entered: 03/28/2017)
124 SEALED EXHIBIT J of Kathryn A. Fodness re 121 Affidavit in Support of Motion, filed by Kathryn Fodness for Defendants.(Fodness, Kathryn) (Entered: 03/28/2017)
125 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for 123 , 124 Sealed Exhibits I−J of Kathryn A. Fodness Affidavit filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy.(Fodness, Kathryn) (Entered: 03/28/2017)
126 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy re 104 MOTION for Summary Judgment (Fodness, Kathryn) (Entered: 03/28/2017)
127 AMENDED NOTICE of Hearing on Motion: 104 MOTION for Summary Judgment : Motion Hearing set for 7/26/2017 09:00 AM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. (Fodness, Kathryn) Modified on 3/29/2017 (MMP). (Entered: 03/28/2017)
128 EXHIBIT C, part 1 of 2 of Kathryn A. Fodness re 121 Affidavit in Support of Motion, filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Attachments: # 1 Exhibit(s) C, part 2 of 2)(Fodness, Kathryn) (Entered: 03/28/2017)
129 SEALED ORDER. (MMP) (Entered: 04/04/2017)
130 MOTION for Extension of Time to File Response/Reply as to 98 Order filed by Ronaldo Ligons, Barry Michaelson, Jane Miles, Jane Roe, John Roe, Jane Stiles, John Stiles. (Nickitas, Peter) (Entered: 04/14/2017)
131 Amended MOTION for Extension of Time to File Response/Reply as to 104 MOTION for Summary Judgment , 130 MOTION for Extension of Time to File Response/Reply as to 98 Order , 98 Order (correcting ECF130) filed by Ronaldo Ligons, Barry Michaelson, Jane Miles, John Miles, Jane Roe, John Roe, Jane Stiles, John Stiles. (Nickitas, Peter) (Entered: 04/14/2017)
132 RESPONSE re 131 Amended MOTION for Extension of Time to File Response/Reply as to 104 MOTION for Summary Judgment , 130 MOTION for Extension of Time to File Response/Reply as to 98 Order , 98 Order (correcting ECF130) filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy.(Fodness, Kathryn) (Entered: 04/14/2017)
133 Second MOTION for Extension of Time to File Response/Reply filed by Ronaldo Ligons, Barry Michaelson, Jane Miles, Jane Roe, Jane Stiles, John Stiles. (Nickitas, Peter) (Entered: 04/14/2017)
134 THIRD AMENDED BRIEFING ORDER granting 133 Motion for Extension of Time to File Response/Reply. See Order for details. Signed by Judge Patrick J. Schiltz on April 14, 2017. (CLG) Modified text on 4/14/2017 (MMP). (Entered: 04/14/2017)
135 MOTION for Partial Summary Judgment as to liability filed by Ronaldo Ligons, Barry Michaelson. (Nickitas, Peter) (Entered: 04/26/2017)
136 MOTION for Preliminary Injunction filed by Ronaldo Ligons, Barry Michaelson. (Nickitas, Peter) (Entered: 04/26/2017)

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137 MOTION to Certify Class and subclasses filed by Ronaldo Ligons, Barry Michaelson. (Nickitas, Peter) (Entered: 04/26/2017)
138 MOTION to Exclude Expert Testimony of Newton Kendig, M.D., Defendants' Expert Witness, filed by Ronaldo Ligons, Barry Michaelson. (Nickitas, Peter) (Entered: 04/26/2017)
139 NOTICE OF HEARING ON MOTION 137 MOTION to Certify Class and subclasses, 138 MOTION to Exclude Expert Testimony of Newton Kendig, M.D., Defendants' Expert Witness,, 135 MOTION for Partial Summary Judgment as to liability, 136 MOTION for Preliminary Injunction : Motion Hearing set for 7/26/2017 09:00 AM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. (Nickitas, Peter) Modified text on 4/26/2017 (MMP). (Entered: 04/26/2017)
140 MEET and CONFER STATEMENT re 135 Motion for Partial Summary Judgment, 137 Motion to Certify Class, 138 Motion to Exclude Expert Testimony, 136 Motion for Preliminary Injunction filed by Ronaldo Ligons, Barry Michaelson.(Nickitas, Peter) (Entered: 04/26/2017)
141 SEALED MEMORANDUM re 135 MOTION for Partial Summary Judgment as to liability, 104 MOTION for Summary Judgment , 137 MOTION to Certify Class and subclasses, 138 MOTION to Exclude Expert Testimony of Newton Kendig, M.D., Defendants' Expert Witness,, 136 MOTION for Preliminary Injunction (unified memorandum in opposition to Defendants' Motion and in Support of Plaintiffs' Motions) filed by Ronaldo Ligons, Barry Michaelson. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Nickitas, Peter) Modified text on 8/4/2017 (MKG). (Entered: 04/26/2017)
142 SEALED Declaration of PETER J NICKITAS in Support of 137 MOTION to Certify Class and subclasses, 136 MOTION for Preliminary Injunction, 135 MOTION for Partial Summary Judgment as to liability, 104 MOTION for Summary Judgment , 138 MOTION to Exclude Expert Testimony of Newton Kendig, M.D., Defendants' Expert Witness, filed by Ronaldo Ligons, Barry Michaelson. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, DOCUMENT ATTACHED IN ERROR//# 6 Placeholder for E', # 7 Exhibit(s) F, DOCUMENT ATTACHED IN ERROR//# 8 Placeholder for G, # 9 Exhibit(s) H, # 10 Exhibit(s) I, DOCUMENT ATTACHED IN ERROR//# 11 Placeholder for J)(Nickitas, Peter) Modified text on 4/27/2017 (ACH). Modified text on 8/4/2017 (MKG). (Entered: 04/26/2017)
143 EXHIBIT K re 142 Declaration, filed by Ronaldo Ligons, Barry Michaelson. (Attachments: # 1 Exhibit(s) L, DOCUMENT ATTACHED IN ERROR//# 2 Placeholder for M, # 3 Exhibit(s) N, # 4 Exhibit(s) O, # 5 Exhibit(s) P, # 6 Exhibit(s) Q, # 7 Exhibit(s) R, # 8 Exhibit(s) S, # 9 Exhibit(s) T, # 10 Exhibit(s) U, DOCUMENT ATTACHED IN ERROR//# 11 Placeholder for V, # 12 Exhibit(s) W, # 13 Exhibit(s) X, # 14 Exhibit(s) Y, # 15 Exhibit(s) Z, # 16 Exhibit(s) ZA, # 17 Exhibit(s) ZB)(Nickitas, Peter) Modified text on 4/27/2017 (ACH). (Entered: 04/26/2017)
144 SEALED EXHIBIT E' re 142 Declaration in Support filed by Ronaldo Ligons.(Nickitas, Peter) Modified text on 4/27/2017 (ACH). (Entered: 04/26/2017)
145 DOCUMENT FILED IN ERROR. IS A PLACEHOLDER//TO BE REFILED AS STATEMENT. STATEMENT INSTEAD OF REDACTED DOCUMENT: Impracticable to Redact for 144 Sealed Exhibit E' of Declaration of Peter J Nickitas (ECF142) filed by Ronaldo Ligons, Barry Michaelson, Jane Miles, John Miles, Jane Roe, John Roe, Jane Stiles, John Stiles.(Nickitas, Peter) Modified text on 4/27/2017 (ACH). (Entered: 04/26/2017)
146 SEALED EXHIBIT G re 142 Declaration in Support filed by Ronaldo Ligons. (Nickitas, Peter) Modified text on 4/27/2017 (ACH). (Entered: 04/26/2017)
147 DOCUMENT FILED IN ERROR. IS A PLACEHOLDER//TO BE REFILED AS A STATEMENT. STATEMENT INSTEAD OF REDACTED DOCUMENT: Impracticable to Redact for 142 , 144 , 145 , 146 ECF142, Declaration of Peter J Nickitas, Exhibits E', G, J, M, V filed by Ronaldo Ligons, Barry Michaelson.(Nickitas, Peter) Modified text on 4/27/2017 (ACH). (Entered: 04/26/2017)

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148 SEALED EXHIBIT J re 142 Declaration in Support filed by Ronaldo Ligons. (Nickitas, Peter) Modified text on 4/27/2017 (ACH). (Entered: 04/26/2017)
149 SEALED EXHIBIT M re 142 Declaration in Support filed by Ronaldo Ligons.(Nickitas, Peter) Modified text and links on 4/27/2017 (ACH). (Entered: 04/26/2017)
150 SEALED EXHIBIT V re 142 Declaration in Support filed by Ronaldo Ligons.(Nickitas, Peter) Modified text and links on 4/27/2017 (ACH). (Entered: 04/26/2017)
151 STATEMENT INSTEAD OF REDACTED DOCUMENT: Impracticable to Redact for 144 − Exhibit E, 149 − Exhibit M , 146 − Exhibit G, 148 − Exhibit J, 150 − Exhibit V filed by Ronaldo Ligons, Barry Michaelson.(Nickitas, Peter) Modified text on 4/28/2017 (MMP). (Entered: 04/27/2017)
152 MEMORANDUM in Opposition re 104 MOTION for Summary Judgment as to liability and in Support of 137 MOTION to Certify Class and subclasses, 138 MOTION to Exclude Expert Testimony of Newton Kendig, M.D., Defendants' Expert Witness,, 136 MOTION for Preliminary Injunction filed by Ronaldo Ligons, Barry Michaelson. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Nickitas, Peter) Modified text on 5/2/2017 (MMP). (Entered: 04/30/2017)
153 Corrected Declaration of Peter J. Nickitas in Support of 135 MOTION for Partial Summary Judgment as to liability, 137 MOTION to Certify Class and subclasses, 138 MOTION to Exclude Expert Testimony of Newton Kendig, M.D., Defendants' Expert Witness,, 136 MOTION for Preliminary Injunction filed by Ronaldo Ligons, Barry Michaelson.(Nickitas, Peter) (Entered: 04/30/2017)
154 STATEMENT OF REDACTION re 153 Declaration in Support, 152 Memorandum in Opposition to Motion 141 Memorandum, 142 Declaration of Peter Nikitas filed by Ronaldo Ligons, Barry Michaelson (Nickitas, Peter) Modified text on 5/2/2017 (MMP). (Entered: 04/30/2017)
155 NOTICE of Appearance by Andrew Tweeten on behalf of Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Tweeten, Andrew) (Entered: 05/18/2017)
156 NOTICE of Withdrawal as Attorney for DOC, Roy, Paulson and Larson (Welsh, Ian) (Entered: 05/23/2017)
157 SEALED MEMORANDUM re 135 MOTION for Partial Summary Judgment as to liability, 137 MOTION to Certify Class and subclasses, 136 MOTION for Preliminary Injunction , 104 MOTION for Summary Judgment , 138 MOTION to Exclude Expert Testimony of Newton Kendig, M.D., Defendants' Expert Witness, Supporting Summary Judgment and in Opposition to Motions for Class Certification, Preliminary Injunction, Partial Summary Judgment, and to Exclude Expert Testimony of Dr. Newton Kendig filed by Department of Corrections. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Tweeten, Andrew) (Entered: 05/24/2017)
158 REDACTED MEMORANDUM re 135 MOTION for Partial Summary Judgment as to liability, 104 MOTION for Summary Judgment , 137 MOTION to Certify Class and subclasses, 138 MOTION to Exclude Expert Testimony of Newton Kendig, M.D., Defendants' Expert Witness,, 136 MOTION for Preliminary Injunction filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Tweeten, Andrew) Modified text on 5/25/2017 (MMP). (Entered: 05/24/2017)
159 AFFIDAVIT of Andrew Tweeten in SUPPORT OF 104 MOTION for Summary Judgment filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy.(Tweeten, Andrew) (Entered: 05/24/2017)
160 EXHIBIT A re 159 Affidavit in Support of Motion filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy.(Tweeten, Andrew) (Entered: 05/24/2017)
161 SEALED EXHIBIT B re 159 Affidavit in Support of Motion filed by Department of Corrections.(Tweeten, Andrew) (Entered: 05/24/2017)

05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 06/04/2017 06/04/2017
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162 Redacted Document for 161 Sealed Exhibit B filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy.(Tweeten, Andrew) (Entered: 05/24/2017)
163 SEALED EXHIBIT C re 159 Affidavit in Support of Motion filed by Department of Corrections.(Tweeten, Andrew) (Entered: 05/24/2017)
164 Redacted Document for 163 Sealed Exhibit C filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy.(Tweeten, Andrew) (Entered: 05/24/2017)
165 SEALED DECLARATION of David Paulson in SUPPORT OF 104 MOTION for Summary Judgment filed by Department of Corrections.(Tweeten, Andrew) Modified text on 5/25/2017 (MMP). (Entered: 05/24/2017)
166 Redacted Document for 165 Sealed Declaration of David Paulson filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy.(Tweeten, Andrew) (Entered: 05/24/2017)
167 SEALED EXHIBIT O re 165 Affidavit in Support of Motion filed by Department of Corrections.(Tweeten, Andrew) (Entered: 05/24/2017)
168 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for 167 Sealed Exhibit O filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy.(Tweeten, Andrew) (Entered: 05/24/2017)
169 EXHIBIT P re 165 Affidavit in Support of Motion filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy.(Tweeten, Andrew) (Entered: 05/24/2017)
170 MOTION to Amend Scheduling Order to Allow Amendment of the 42 Complaint and to allow joinder of new Plaintiffs filed by Ronaldo Ligons, Barry Michaelson, Jane Miles, John Miles, Jane Roe, John Roe, Jane Stiles, John Stiles. (Nickitas, Peter) Modified text on 6/5/2017 (MMP). (Entered: 06/04/2017)
171 NOTICE OF HEARING ON MOTION 170 MOTION to Alter/Amend/Supplement Pleadings 42 Amended Complaint, to enlarge scheduling order, to join additional plaintiffs Lawrence Maxcy and Devon Farley, and to designate Ronaldo Ligons as class representative for non−infected inmates, : Motion Hearing set for 6/19/2017 02:00 PM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. (Nickitas, Peter) (Entered: 06/04/2017)
172 MEET and CONFER STATEMENT re 170 Motion to Alter/Amend/Supplement Pleadings, filed by Ronaldo Ligons, Barry Michaelson, Jane Miles, John Miles, Jane Roe, John Roe, Jane Stiles, John Stiles.(Nickitas, Peter) (Entered: 06/04/2017)
173 MEMORANDUM in Support re 170 MOTION to Alter/Amend/Supplement Pleadings 42 Amended Complaint, to enlarge scheduling order, to join additional plaintiffs Lawrence Maxcy and Devon Farley, and to designate Ronaldo Ligons as class representative for non−infected inmates, filed by Ronaldo Ligons, Barry Michaelson, Jane Miles, John Miles, Jane Roe, John Roe, Jane Stiles, John Stiles. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Nickitas, Peter) (Entered: 06/04/2017)
174 EXHIBIT 1 Proposed 3rd amended complaint, smooth re 170 MOTION to Alter/Amend/Supplement Pleadings 42 Amended Complaint, to enlarge scheduling order, to join additional plaintiffs Lawrence Maxcy and Devon Farley, and to designate Ronaldo Ligons as class representative for non−infected inmates, filed by Ronaldo Ligons, Barry Michaelson, Jane Miles, John Miles, Jane Roe, John Roe, Jane Stiles, John Stiles. (Attachments: # 1 Exhibit(s) Main Exhibit: Proposed Smooth Amended Complaint; Attachment: Proposed Strikethrough thirdamended complaintla)(Nickitas, Peter) (Entered: 06/04/2017)
175 Reply to Response to Motion re 135 MOTION for Partial Summary Judgment as to liability, 137 MOTION to Certify Class and subclasses, 138 MOTION to Exclude Expert Testimony of Newton Kendig, M.D., Defendants' Expert Witness,, 136 MOTION for Preliminary Injunction filed by Ronaldo Ligons, Barry Michaelson, Jane

06/12/2017
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06/27/2017 06/29/2017
07/11/2017 07/17/2017 07/17/2017
07/24/2017

Miles, John Miles, Jane Roe, John Roe, Jane Stiles, John Stiles. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Nickitas, Peter) (Entered: 06/07/2017)
176 RESPONSE in Opposition re 170 MOTION to Alter/Amend/Supplement Pleadings 42 Amended Complaint, to enlarge scheduling order, to join additional plaintiffs Lawrence Maxcy and Devon Farley, and to designate Ronaldo Ligons as class representative for non−infected inmates, filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Fodness, Kathryn) (Entered: 06/12/2017)
177 PROPOSED ORDER TO JUDGE re Plaintiff's Motion to Amend Scheduling Order 176 Response in Opposition to Motion,. (Fodness, Kathryn) (Entered: 06/12/2017)
178 TEXT ONLY ENTRY: NOTICE of Resetting of Hearing: The hearing on the Motion to Amend Scheduling Order to Allow Amendment of the Complaint and to Allow Joinder of New Plaintiffs (Doc. No. 170), originally set for 06/19/2017, is hereby reset to 06/27/2017 at 04:00 PM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. (MSK) (Entered: 06/16/2017)
179 STRICKEN PER ORDER 181 ENTERED ON 6/29/17 // JOINT MOTION REGARDING CONTINUED SEALING re 106 Memorandum in Support of Motion, 144 Exhibit, 118 Exhibit, 123 Exhibit, 165 Affidavit in Support of Motion, 146 Exhibit, 163 Exhibit, 111 Exhibit, 161 Exhibit, 142 Declaration in Support,,, 116 Affidavit in Support of Motion, 113 Exhibit, 119 Exhibit, 149 Exhibit, 141 Memorandum,, 110 Exhibit, 148 Exhibit, 124 Exhibit, 108 Affidavit in Support of Motion, 167 Exhibit, 112 Exhibit, 150 Exhibit, 157 Memorandum,, filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Tweeten, Andrew) Modified text on 6/29/2017 (LPH). (Entered: 06/27/2017)
180 Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Motion Hearing held on 6/27/2017. Plaintiffs' motion (Doc. No. 170 ) is taken under advisement. ORDER TO BE ISSUED. (Tape #6/27/17 (4:03−5:22)) (MMP) (Entered: 06/28/2017)
181 ORDER: The parties' Joint Motion Regarding Continued Sealing (Doc. No. 179) is STRICKEN and must be refiled by July 7, 2017. To the extent Plaintiffs' counsel mistakenly filed a document publicly that should have been filed under seal, that party must immediately work with the Clerk's Office to address the problem and comply with the Local Rules. To contact the Clerk's Office, call (612) 664−5155 and press option 3 for help with addressing this problem. Signed by Magistrate Judge Becky R. Thorson on 6/29/17. (LPH) (Entered: 06/29/2017)
182 TEXT ONLY ENTRY: NOTICE of Non−Compliance with Local Rule 5.6 Filing Under Seal in Connection with Civil Motion Practice. Per the Court's Order at Docket No. 181, the Joint Motion regarding Continued Sealing was to be refiled by July 7, 2017. Please file the Joint Motion immediately. (MSK) (Entered: 07/11/2017)
183 TRANSCRIPT REQUEST by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy for an Expedited 7−Day Transcript of 180 Motion Hearing to Court Reporter Contract Court Reporter. (Tweeten, Andrew) (Entered: 07/17/2017)
184 JOINT MOTION REGARDING CONTINUED SEALING re 106 Memorandum in Support of Motion, 144 Exhibit, 118 Exhibit, 123 Exhibit, 165 Affidavit in Support of Motion, 146 Exhibit, 163 Exhibit, 111 Exhibit, 161 Exhibit, 142 Declaration in Support,,, 116 Affidavit in Support of Motion, 113 Exhibit, 119 Exhibit, 149 Exhibit, 141 Memorandum,, 110 Exhibit, 148 Exhibit, 124 Exhibit, 108 Affidavit in Support of Motion, 167 Exhibit, 112 Exhibit, 150 Exhibit, 157 Memorandum,, filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Tweeten, Andrew) (Entered: 07/17/2017)
186 NOTICE of Filing of Official Transcript. This filing has 1 transcript(s) associated with it. (SAH) (Entered: 07/24/2017)

07/24/2017 187 TRANSCRIPT of Motions Hearing held on 6/27/2017 before Magistrate Judge Becky R. Thorson. (50 pages). Court Reporter: Staci Heichert. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.

07/24/2017

For information on redaction procedures, please review Local Rule 5.5. Redaction Request due 8/14/2017. Redacted Transcript Deadline set for 8/24/2017. Release of Transcript Restriction set for 10/23/2017. (SAH) (Entered: 07/24/2017)
188 ORDER granting 184 Joint Motion Regarding Continued Sealing regarding sealed documents for 137 MOTION to Certify Class and subclasses, 138 MOTION to Exclude Expert Testimony of Newton Kendig, M.D., Defendants' Expert Witness,, 135 MOTION for Partial Summary Judgment as to liability, 136 MOTION for Preliminary Injunction , 104 MOTION for Summary Judgment .

Permanent Sealing GRANTED for Document Number(s): 106, 108, 110, 111, 112, 113, 116, 118, 119, 123, 124, 141, 142, 149, 157, 161, 163, 165, 167. Order on continued sealing becomes final on 8/21/2017 unless further timely submissions are filed.

07/26/2017
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Signed by Magistrate Judge Becky R. Thorson on 7/24/17. (kt) (Entered: 07/24/2017)
189 Minute Entry for proceedings held before Judge Patrick J. Schiltz: Motion Hearing held on 7/26/2017 re 135 MOTION for Partial Summary Judgment as to liability filed by Ronaldo Ligons, Barry Michaelson, 104 MOTION for Summary Judgment filed by David A. Paulson, Thomas Roy, Nanette Larson, Minnesota Department of Corrections, 137 MOTION to Certify Class and subclasses filed by Ronaldo Ligons, Barry Michaelson, 138 MOTION to Exclude Expert Testimony of Newton Kendig, M.D., Defendants' Expert Witness, filed by Ronaldo Ligons, Barry Michaelson, 136 MOTION for Preliminary Injunction filed by Ronaldo Ligons, Barry Michaelson. Motions held in abeyance for 90 days for the reasons stated on the record. (Court Reporter Kristine Mousseau) (CLG) (Entered: 07/26/2017)
190 TRANSCRIPT REQUEST by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy for an Expedited 7−Day Transcript of 189 Motion Hearing,,, to Court Reporter Kristine Mousseau. (Tweeten, Andrew) (Entered: 07/26/2017)
191 TRANSCRIPT REQUEST for a COPY OF TRANSCRIPT 189 Motion Hearing, to Court Reporter Kristine Mousseau. (JGK) (Entered: 07/28/2017)
192 ORDER: The Ciresi Conlin LLP lawyers named in their Affidavit of Confidentiality, along with their paralegals and staff, may have access to all sealed, confidential, and confidential attorney eyes only documents in the case, subject to the restrictions of the affidavit and protective order on file. Signed by Magistrate Judge Becky R. Thorson on 8/15/17. (AKL) (Entered: 08/15/2017)
193 Redacted Document for 144 Sealed Exhibit E filed by Ronaldo Ligons, Barry Michaelson, Jane Miles, John Miles, Jane Roe, John Roe, Jane Stiles, John Stiles.(Nickitas, Peter) Modified text on 9/13/2017 (MMP). (Entered: 09/12/2017)
194 Redacted Document for 146 Sealed Exhibit G filed by Ronaldo Ligons, Barry Michaelson, Jane Miles, John Miles, Jane Roe, John Roe, Jane Stiles, John Stiles.(Nickitas, Peter) Modified text on 9/13/2017 (MMP). (Entered: 09/12/2017)
195 DOCUMENT FILED IN ERROR − Redacted Document for 148 Sealed Exhibit J filed by Ronaldo Ligons, Barry Michaelson, Jane Miles, John Miles, Jane Roe, John Roe, Jane Stiles, John Stiles.(Nickitas, Peter) Modified text on 9/13/2017 (MMP). (Entered: 09/12/2017)
196 DOCUMENT FILED IN ERROR − Redacted Document for 150 Sealed Exhibit V filed by Ronaldo Ligons, Barry Michaelson, Jane Miles, John Miles, Jane Roe, John Roe, Jane Stiles, John Stiles.(Nickitas, Peter) Modified text on 9/13/2017 (MMP). (Entered: 09/12/2017)
197 Redacted Document for 195 , 148 Sealed Exhibit J filed by Ronaldo Ligons, Barry Michaelson, Jane Miles, John Miles, Jane Roe, John Roe, Jane Stiles, John Stiles.(Nickitas, Peter) Modified text on 9/13/2017 (MMP). (Entered: 09/12/2017)

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198 Redacted Document for 196 , 164 Sealed Exhibit C, 150 Sealed Exhibit V filed by Ronaldo Ligons, Barry Michaelson, Jane Miles, John Miles, Jane Roe, John Roe, Jane Stiles, John Stiles.(Nickitas, Peter) Modified on 9/13/2017 (MMP). (Entered: 09/12/2017)
199 NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for Ronaldo Ligons, Barry Michaelson, Jane Miles, John Miles, Jane Roe, John Roe, Jane Stiles, John Stiles. (Mohring, Andrew) (Entered: 10/03/2017)
201 ORDER denying without prejudice 104 Motion for Summary Judgment, 135 Motion for Partial Summary Judgment, 136 Motion for Preliminary Injunction, 137 Motion to Certify Class, 138 Motion to Exclude Expert Testimony; and granting in part 170 Motion to Alter/Amend/Supplement Pleadings. See Order for details. Signed by Judge Patrick J. Schiltz on October 4, 2017. (CLG) (Entered: 10/04/2017)
202 ORDER/NOTICE of Status Conference: Status Conference set for 12/11/2017 01:30 PM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. Signed by Magistrate Judge Becky R. Thorson on 10/5/17. (kt) (Entered: 10/05/2017)
203 NOTICE of Filing of Official Transcript. This filing has 1 transcript(s) associated with it. (KM) (Entered: 10/12/2017)
204 TRANSCRIPT of Motions Hearing held on 07/26/2017 before Judge Patrick J. Schiltz. (47 pages). Court Reporter: Kristine Mousseau. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.

12/01/2017
12/01/2017 12/08/2017 12/11/2017 12/12/2017 12/14/2017
12/15/2017 12/15/2017

For information on redaction procedures, please review Local Rule 5.5. Redaction Request due 11/2/2017. Redacted Transcript Deadline set for 11/13/2017. Release of Transcript Restriction set for 1/10/2018. (KM) (Entered: 10/12/2017)
205 AMENDED COMPLAINT Third Class Action against All Defendants. filed by Ronaldo Ligons, Jane Roe, John Roe, Brent Buchan, Lawrence Maxcy. No summons requested. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7) (Mohring, Andrew) (Entered: 12/01/2017)
206 CERTIFICATE OF SERVICE by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Jane Roe, John Roe re 205 Amended Complaint, Third Class Action (Mohring, Andrew) (Entered: 12/01/2017)
207 STIPULATION Joint Proposal to Amend Scheduling Order and Set Briefing Schedule by Nanette Larson, Minnesota Department of Corrections, David A. Paulsen, M.D., David A. Paulson, Thomas Roy. Jointly Signed by Ronaldo Ligons, Brent Buchan, Lawrence Maxcy, John Roe, and Jane Roe. (Fodness, Kathryn) (Entered: 12/08/2017)
208 Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Status Conference held on 12/12/2017. (AKL) Modified filed date on 12/13/2017 (AKL). (Entered: 12/12/2017)
209 ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 1/3/2018 09:30 AM in Judge's Chambers, Suite 646 (STP) before Magistrate Judge Becky R. Thorson. Signed by Magistrate Judge Becky R. Thorson on 12/11/17. (AKL) (Entered: 12/12/2017)
210 LETTER TO MAGISTRATE JUDGE by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Jane Roe, John Roe . (Attachments: # 1 Addendum, # 2 Exhibit(s) 1 to Addendum, # 3 Exhibit(s) 2 to Addendum, # 4 Exhibit(s) 3 to Addendum, # 5 Exhibit(s) 4 to Addendum, # 6 Exhibit(s) 5 to Addendum)(Mohring, Andrew) (Entered: 12/14/2017)
211 SEALED ANSWER to Amended Complaint filed by Minnesota Department of Corrections, Roy, Paulson and Larson. (Fodness, Kathryn) (Entered: 12/15/2017)
212 REDACTED ANSWER to Complaint filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulsen, M.D., Thomas Roy. (Fodness, Kathryn) (Entered: 12/15/2017)

12/19/2017
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213 TEXT ONLY ORDER: Pursuant to Rule 5.6(e), the Defendants sought guidance from the Court on filing their Answer to the Amended Complaint under seal. They were directed by the Court to file a Sealed Answer (Doc. No. 211) and a Redacted Answer (Doc. No. 212). IT IS HEREBY ORDERED that the Clerk of Court is directed to keep Doc. No. 211 under seal. No further joint motion to seal is required. Signed by Magistrate Judge Becky R. Thorson on 12/19/2017. (MSK) (Entered: 12/19/2017)
214 LETTER TO MAGISTRATE JUDGE by Nanette Larson, Minnesota Department of Corrections, David A. Paulsen, M.D., Thomas Roy . (Fodness, Kathryn) (Entered: 12/21/2017)
215 Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Settlement Conference held on 1/3/2018. No settlement reached. (lmb) (Entered: 01/03/2018)
216 SECOND ORDER AMENDING PRETRIAL SCHEDULING ORDER AND SETTING BRIEFING SCHEDULE . Signed by Magistrate Judge Becky R. Thorson on 1/8/18. (JDF) Modified text on 1/9/2018 (JDF). (Entered: 01/09/2018)
217 NOTICE of Appearance by Esther Agbaje on behalf of Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Jane Roe, John Roe. (Agbaje, Esther) (Entered: 01/12/2018)
218 BRIEFING ORDER. Signed by Judge Patrick J. Schiltz on January 30, 2018. (CLG) (Entered: 01/30/2018)
219 MOTION for Summary Judgment filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulsen, M.D., Thomas Roy. (Fodness, Kathryn) (Entered: 04/18/2018)
220 NOTICE OF HEARING ON MOTION 219 MOTION for Summary Judgment : Motion Hearing set for 6/27/2018 at 08:30 AM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. (Fodness, Kathryn) Modified text on 4/19/2018 (MMP). (Entered: 04/18/2018)
221 SEALED MEMORANDUM in Support re 219 MOTION for Summary Judgment filed by State Defendants. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Fodness, Kathryn) (Entered: 04/18/2018)
222 REDACTED MEMORANDUM re: 221 Sealed Memorandum in Support of 219 MOTION for Summary Judgment filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulsen, M.D., Thomas Roy.(Fodness, Kathryn) Modified text on 4/19/2018 (MMP). (Entered: 04/18/2018)
223 SEALED Second AFFIDAVIT of Dr. David A. Paulson in SUPPORT OF 219 MOTION for Summary Judgment filed by State Defendants.(Fodness, Kathryn) (Entered: 04/18/2018)
224 Second AFFIDAVIT of Dr. David A. Paulson in SUPPORT OF 219 MOTION for Summary Judgment filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulsen, M.D., Thomas Roy. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L, # 13 Exhibit(s) M, # 14 Exhibit(s) N)(Fodness, Kathryn) (Entered: 04/18/2018)
225 SEALED EXHIBIT O re 223 Affidavit in Support of Motion, 224 Affidavit in Support of Motion filed by State Defendants.(Fodness, Kathryn) Modified text on 4/19/2018 (MMP). (Entered: 04/18/2018)
226 SEALED EXHIBIT P re 223 Affidavit in Support of Motion, 224 Affidavit in Support of Motion filed by State Defendants.(Fodness, Kathryn) Modified text on 4/19/2018 (MMP). (Entered: 04/18/2018)
227 SEALED EXHIBIT Q re 223 Affidavit in Support of Motion, 224 Affidavit in Support of Motion,, filed by State Defendants.(Fodness, Kathryn) (Entered: 04/18/2018)
228 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for 226 , 227 , 225 Sealed Exhibit O−Q filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulsen, M.D., Thomas

04/18/2018 04/18/2018
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Roy.(Fodness, Kathryn) (Entered: 04/18/2018)
229 SEALED Second AFFIDAVIT of Nanette Larson in SUPPORT OF 219 MOTION for Summary Judgment filed by State Defendants.(Fodness, Kathryn) (Entered: 04/18/2018)
230 Second AFFIDAVIT of Nanette Larson re: 229 Sealed Second Affidavit in SUPPORT OF 219 MOTION for Summary Judgment filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulsen, M.D., Thomas Roy. (Attachments: # 1 Exhibit A)(Fodness, Kathryn) Modified text on 4/19/2018 (MMP). (Entered: 04/18/2018)
231 SEALED EXHIBIT B re 229 Affidavit in Support of Motion, 230 Affidavit in Support of Motion, filed by State Defendants.(Fodness, Kathryn) (Entered: 04/18/2018)
232 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for 231 Sealed Exhibit B filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulsen, M.D., Thomas Roy.(Fodness, Kathryn) (Entered: 04/18/2018)
233 Second AFFIDAVIT of Kathryn A. Fodness in SUPPORT OF 219 MOTION for Summary Judgment filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulsen, M.D., Thomas Roy. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B)(Fodness, Kathryn) (Entered: 04/18/2018)
234 EXHIBIT D re 233 Affidavit in Support of Motion, filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulsen, M.D., Thomas Roy. (Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibit H, # 5 Exhibit I)(Fodness, Kathryn) Modified text on 4/19/2018 (MMP). (Entered: 04/18/2018)
235 EXHIBIT C March 2018 Expert Report of Dr. Newton Kendig re 233 Affidavit in Support of Motion, filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulsen, M.D.. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7, # 8 Exhibit(s) 8, # 9 Exhibit(s) 9, # 10 Exhibit(s) 10, # 11 Exhibit(s) 11, 20, # 12 Exhibit(s) 12, # 13 Exhibit(s) 13, # 14 Exhibit(s) 14, # 15 Exhibit(s) 15, # 16 Exhibit(s) 16, # 17 Exhibit(s) 17, # 18 Exhibit(s) 18, # 19 Exhibit(s) 19, # 20 Exhibit(s) 21, # 21 Exhibit(s) 22, # 22 Exhibit(s) 23, # 23 Exhibit(s) 24, # 24 Exhibit(s) 25, # 25 Exhibit(s) 26, # 26 Exhibit(s) 27, # 27 Exhibit(s) 28, # 28 Exhibit(s) 29)(Fodness, Kathryn) (Entered: 04/18/2018)
236 PROPOSED ORDER TO JUDGE re 219 MOTION for Summary Judgment filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulsen, M.D., Thomas Roy.(Fodness, Kathryn) (Entered: 04/19/2018)
237 (Text−only) NOTICE of Cancelation & Resetting of Hearing: Hearing on Motion for Summary Judgment and Motion for Class Certification is RESCHEDULED to 7/27/2018 at 09:00 AM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. NOTE DATE AND TIME CHANGE. (CLG) (Entered: 05/02/2018)
238 MOTION to Certify Class filed by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Jane Roe, John Roe. (Mohring, Andrew) (Entered: 05/02/2018)
239 NOTICE OF HEARING ON MOTION 238 MOTION to Certify Class : Motion Hearing set for 7/27/2018 at 09:00 AM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. (Mohring, Andrew) (Entered: 05/02/2018)
240 SEALED MEMORANDUM in Support re 238 MOTION to Certify Class , 219 MOTION for Summary Judgment Opposition filed by Ligons, Buchan, Maxcy and Roes. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Mohring, Andrew) (Entered: 05/02/2018)
241 Redacted Document for 240 SEALED Plaintiffs' Memorandum of Law in filed by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Jane Roe, John Roe.(Mohring, Andrew) Modified text on 5/3/2018 (MMP). (Entered: 05/02/2018)
242 AFFIDAVIT of Andrew H. Mohring in SUPPORT OF 238 MOTION to Certify Class , 219 MOTION for Summary Judgment Opposition filed by Brent Buchan, Ronaldo

05/02/2018 05/02/2018 05/02/2018 05/02/2018 05/02/2018 05/02/2018 05/02/2018 05/02/2018 05/02/2018 05/02/2018 05/02/2018 05/02/2018 05/02/2018 05/02/2018
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Ligons, Lawrence Maxcy, Jane Roe, John Roe. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 10, # 3 Exhibit(s) 11, # 4 Exhibit(s) 12, # 5 Exhibit(s) 13, # 6 Exhibit(s) 14, # 7 Exhibit(s) 15, # 8 Exhibit(s) 16, # 9 Exhibit(s) 20, # 10 Exhibit(s) 22, # 11 Exhibit(s) 23, # 12 Exhibit(s) 24, # 13 Exhibit(s) 25)(Mohring, Andrew) (Entered: 05/02/2018)
243 SEALED EXHIBIT 2 Part A re 242 Affidavit in Support of Motion,, filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) (Entered: 05/02/2018)
244 SEALED EXHIBIT 2 Part B re 242 Affidavit in Support of Motion,, filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) (Entered: 05/02/2018)
245 SEALED EXHIBIT 3 re 242 Affidavit in Support of Motion,, filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) (Entered: 05/02/2018)
246 SEALED EXHIBIT 4 re 242 Affidavit in Support of Motion,, filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) (Entered: 05/02/2018)
247 SEALED EXHIBIT 5 re 242 Affidavit in Support of Motion,, filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) (Entered: 05/02/2018)
248 SEALED EXHIBIT 6 re 242 Affidavit in Support of Motion,, filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) (Entered: 05/02/2018)
249 SEALED EXHIBIT 7 re 242 Affidavit in Support of Motion,, filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) (Entered: 05/02/2018)
250 SEALED EXHIBIT 8 re 242 Affidavit in Support of Motion,, filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) (Entered: 05/02/2018)
251 SEALED EXHIBIT 9 re 242 Affidavit in Support of Motion,, filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) (Entered: 05/02/2018)
252 SEALED EXHIBIT 17 re 242 Affidavit in Support of Motion,, filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) (Entered: 05/02/2018)
253 SEALED EXHIBIT 18 re 242 Affidavit in Support of Motion,, filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) (Entered: 05/02/2018)
254 SEALED EXHIBIT 19 re 242 Affidavit in Support of Motion,, filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) (Entered: 05/02/2018)
255 SEALED EXHIBIT 21 re 242 Affidavit in Support of Motion,, filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) (Entered: 05/02/2018)
256 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for 250 , 252 , 254 , 245 , 246 , 243 , 249 , 248 , 253 , 251 , 247 , 255 , 244 SEALED Exhibits 2−9, 17−19 and 21 filed by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Barry Michaelson, Jane Miles, John Miles, Jane Roe, John Roe.(Mohring, Andrew) (Entered: 05/02/2018)
257 AFFIDAVIT of Julie Thompson, M.D. in SUPPORT OF 238 MOTION to Certify Class , 219 MOTION for Summary Judgment Opposition filed by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Jane Roe, John Roe. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 4, # 3 Exhibit(s) 5, # 4 Exhibit(s) 6, # 5 Exhibit(s) 7, # 6 Exhibit(s) 8, # 7 Exhibit(s) 9, # 8 Exhibit(s) 13, # 9 Exhibit(s) 14, # 10 Exhibit(s) 15, # 11 Exhibit(s) 16, # 12 Exhibit(s) 17, # 13 Exhibit(s) 18, # 14 Exhibit(s) 19, # 15 Exhibit(s) 20)(Mohring, Andrew) (Entered: 05/02/2018)
258 SEALED EXHIBIT 2 re 257 Affidavit in Support of Motion,, filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) (Entered: 05/02/2018)
259 EXHIBIT 3 re 257 Affidavit in Support of Motion,, filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) Modified on 8/2/2018 (JME). (Entered: 05/02/2018)
260 SEALED EXHIBIT 10 re 257 Affidavit in Support of Motion,, filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) (Entered: 05/02/2018)
261 SEALED EXHIBIT 11 re 257 Affidavit in Support of Motion,, filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) (Entered: 05/02/2018)

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262 SEALED EXHIBIT 12 re 257 Affidavit in Support of Motion,, filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) (Entered: 05/02/2018)
263 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for 261 , 262 , 258 , 260 , 259 SEALED Exhibits 2, 3, 10−12 filed by Julie Thompson, M.D. filed by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Jane Roe, John Roe.(Mohring, Andrew) (Entered: 05/02/2018)
264 DOCUMENT FILED IN ERROR − WILL REFILE − SEALED AFFIDAVIT of Ronaldo S. Ligons in SUPPORT OF 238 MOTION to Certify Class , 219 MOTION for Summary Judgment Opposition WITH ATTACHED EXHIBITS filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) Modified text on 5/3/2018 (MMP). (Entered: 05/02/2018)
265 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for 272 SEALED Affidavit of Ronaldo S. Ligons filed by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Jane Roe, John Roe.(Mohring, Andrew) Modified text on 5/4/2018 (MMP). (Entered: 05/02/2018)
266 DOCUMENT FILED IN ERROR − SEALED AFFIDAVIT of Lawrence Maxcy in SUPPORT OF 238 MOTION to Certify Class , 219 MOTION for Summary Judgment Opposition filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) Modified text on 5/3/2018 (MMP). (Entered: 05/02/2018)
267 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for 274 SEALED Affidavit of Lawrence Maxcy and attached Exhibits filed by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Jane Roe, John Roe.(Mohring, Andrew) Modified text on 5/4/2018 (MMP). (Entered: 05/02/2018)
268 DOCUMENT FILED IN ERROR − WILL REFILE − SEALED AFFIDAVIT of Brent C. Buchan in SUPPORT OF 238 MOTION to Certify Class , 219 MOTION for Summary Judgment Opposition filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) Modified text on 5/3/2018 (MMP). (Entered: 05/02/2018)
269 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for 273 SEALED Affidavit of Brent C. Buchan and attached Exhibits filed by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Jane Roe, John Roe.(Mohring, Andrew) Modified text on 5/4/2018 (MMP). (Entered: 05/02/2018)
270 MEET and CONFER STATEMENT re 238 Motion to Certify Class, 219 Motion for Summary Judgment filed by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Jane Roe, John Roe.(Mohring, Andrew) (Entered: 05/02/2018)
271 PROPOSED ORDER TO JUDGE re 238 MOTION to Certify Class , 219 MOTION for Summary Judgment filed by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Jane Roe, John Roe.(Mohring, Andrew) (Entered: 05/02/2018)
272 SEALED AFFIDAVIT of Ronaldo Ligons in SUPPORT OF 238 MOTION to Certify Class , 219 MOTION for Summary Judgment Opposition filed by Ligons, Buchan, Maxcy and Roes. EXHIBITS FILED IN ERROR − NEED TO REFILE − (Attachments: # 1 Exhibit(s) 1)(Mohring, Andrew) Modified text on 5/4/2018 (MMP). (Entered: 05/03/2018)
273 SEALED AFFIDAVIT of Brent C. Buchan in SUPPORT OF 238 MOTION to Certify Class , 219 MOTION for Summary Judgment Opposition filed by Ligons, Buchan, Maxcy and Roes. DOCUMENT FILED IN ERROR − WILL REFILE − (Attachments: # 1 Exhibit(s) 1)(Mohring, Andrew) Modified text on 5/4/2018 (MMP). (Entered: 05/03/2018)
274 SEALED AFFIDAVIT of Lawrence Maxcy in SUPPORT OF 238 MOTION to Certify Class , 219 MOTION for Summary Judgment Opposition filed by Ligons, Buchan, Maxcy and Roes. DOCUMENT FILED IN ERROR − WILL REFILE − (Attachments: # 1 Exhibit(s) 1)(Mohring, Andrew) Modified text on 5/4/2018 (MMP). (Entered: 05/03/2018)
275 SEALED EXHIBIT 1 to Affidavit of Ronaldo Ligons re 238 MOTION to Certify Class , 219 MOTION for Summary Judgment filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) (Entered: 05/04/2018)

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276 SEALED EXHIBIT 1 to Affidavit of Brent C. Buchan re 238 MOTION to Certify Class , 219 MOTION for Summary Judgment filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) (Entered: 05/04/2018)
277 SEALED EXHIBIT 1 to Affidavit of Lawrence Maxcy re 238 MOTION to Certify Class , 219 MOTION for Summary Judgment filed by Ligons, Buchan, Maxcy and Roes.(Mohring, Andrew) (Entered: 05/04/2018)
278 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for 272 SEALED Exhibit to Affidavit of Ronaldo Ligons, 273 SEALED Exhibit to Affidavit of Brent C. Buchan and 277 SEALED Exhibit to Affidavit of Lawrence Maxcy filed by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Jane Roe, John Roe.(Mohring, Andrew) Modified text on 5/5/2018 (MMP). (Entered: 05/04/2018)
279 SEALED REPLY re 238 MOTION to Certify Class , 219 MOTION for Summary Judgment Defendants' Memorandum in Reply Supporting Summary Judgment and in Opposition to Plaintiffs' Motion for Class Certification filed by State Defendants. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Fodness, Kathryn) (Entered: 05/16/2018)
280 Redacted Document re 279 Sealed Reply filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulsen, M.D., Thomas Roy.(Fodness, Kathryn) Modified on 5/17/2018 (AKL). (Entered: 05/16/2018)
281 SEALED Third AFFIDAVIT of Dr. David A. Paulson in SUPPORT OF 219 MOTION for Summary Judgment filed by State Defendants.(Fodness, Kathryn) (Entered: 05/16/2018)
282 SEALED EXHIBIT R re 281 Affidavit in Support of Motion filed by State Defendants.(Fodness, Kathryn) (Entered: 05/16/2018)
283 SEALED EXHIBIT S re 281 Affidavit in Support of Motion filed by State Defendants.(Fodness, Kathryn) (Entered: 05/16/2018)
284 SEALED EXHIBIT T re 281 Affidavit in Support of Motion filed by State Defendants.(Fodness, Kathryn) (Entered: 05/16/2018)
285 SEALED EXHIBIT U re 281 Affidavit in Support of Motion filed by State Defendants.(Fodness, Kathryn) (Entered: 05/16/2018)
286 SEALED EXHIBIT V re 281 Affidavit in Support of Motion filed by State Defendants.(Fodness, Kathryn) (Entered: 05/16/2018)
287 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for 281 Sealed Affidavit, 282 Sealed Exhibit, 283 Sealed Exhibit, 284 Sealed Exhibit, 285 Sealed Exhibit, 286 Sealed Exhibit filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulsen, M.D., Thomas Roy.(Fodness, Kathryn) Modified on 5/17/2018 (AKL). (Entered: 05/16/2018)
288 SEALED REPLY re 238 MOTION to Certify Class filed by Ronaldo Ligons, Brent Buchan, Lawrence Maxcy, John Roe and Jane Roe. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Mohring, Andrew) (Entered: 05/30/2018)
289 Redacted Document for 288 Sealed Plaintiffs Memorandum in Reply Supporting Class Certification filed by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Jane Roe, John Roe.(Mohring, Andrew) (Entered: 05/30/2018)
290 Declaration of Andrew H. Mohring in Support of 238 MOTION to Certify Class filed by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Jane Roe, John Roe.(Mohring, Andrew) (Entered: 05/30/2018)
291 SEALED EXHIBIT 26 re 290 Declaration in Support filed by Ronaldo Ligons, Brent Buchan, Lawrence Maxcy, John Roe and Jane Roe.(Mohring, Andrew) (Entered: 05/30/2018)
292 SEALED EXHIBIT 27 re 290 Declaration in Support filed by Ronaldo Ligons, Brent Buchan, Lawrence Maxcy, John Roe and Jane Roe.(Mohring, Andrew) (Entered: 05/30/2018)

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293 SEALED EXHIBIT 28 re 290 Declaration in Support filed by Ronaldo Ligons, Brent Buchan, Lawrence Maxcy, John Roe and Jane Roe.(Mohring, Andrew) (Entered: 05/30/2018)
294 SEALED EXHIBIT 29 re 290 Declaration in Support filed by Ronaldo Ligons, Brent Buchan, Lawrence Maxcy, John Roe and Jane Roe.(Mohring, Andrew) (Entered: 05/30/2018)
295 SEALED EXHIBIT 30 re 290 Declaration in Support filed by Ronaldo Ligons, Brent Buchan, Lawrence Maxcy, John Roe and Jane Roe.(Mohring, Andrew) (Entered: 05/30/2018)
296 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for 291 292 293 294 295 SEALED Exhibits 26−30 filed by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Jane Roe, John Roe. (Mohring, Andrew) Modified text and links on 6/1/2018 (ACH). (Entered: 05/30/2018)
297 LETTER TO DISTRICT JUDGE by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Barry Michaelson, Jane Miles, John Miles, Jane Roe, John Roe . (Mohring, Andrew) (Entered: 06/07/2018)
298 NOTICE of Withdrawal as Attorney (Tweeten, Andrew) (Entered: 06/08/2018)
299 JOINT MOTION REGARDING CONTINUED SEALING re 281 Affidavit in Support of Motion, 261 Exhibit, 250 Exhibit, 226 Exhibit, 286 Exhibit, 262 Exhibit, 223 Affidavit in Support of Motion, 283 Exhibit, 274 Affidavit in Support of Motion, 279 Reply, 258 Exhibit, 243 Exhibit, 277 Exhibit, 260 Exhibit, 253 Exhibit, 272 Affidavit in Support of Motion, 294 Exhibit, 292 Exhibit, 244 Exhibit, 282 Exhibit, 252 Exhibit, 285 Exhibit, 291 Exhibit, 254 Exhibit, 245 Exhibit, 276 Exhibit, 246 Exhibit, 293 Exhibit, 249 Exhibit, 284 Exhibit, 248 Exhibit, 259 Exhibit, 227 Exhibit, 247 Exhibit, 251 Exhibit, 240 Memorandum in Support of Motion, 275 Exhibit, 255 Exhibit, 221 Memorandum in Support of Motion, 273 Affidavit in Support of Motion, 295 Exhibit, 225 Exhibit, 288 Reply filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulsen, M.D., Thomas Roy. (Fodness, Kathryn) (Entered: 06/18/2018)
300 PROPOSED ORDER TO JUDGE re Joint Motion to Seal. (Fodness, Kathryn) (Entered: 06/18/2018)
301 JOINT MOTION REGARDING CONTINUED SEALING re 281 Affidavit in Support of Motion, 261 Exhibit, 250 Exhibit, 226 Exhibit, 286 Exhibit, 262 Exhibit, 223 Affidavit in Support of Motion, 283 Exhibit, 231 Exhibit, 274 Affidavit in Support of Motion, 279 Reply, 258 Exhibit, 243 Exhibit, 277 Exhibit, 260 Exhibit, 253 Exhibit, 272 Affidavit in Support of Motion, 294 Exhibit, 292 Exhibit, 244 Exhibit, 282 Exhibit, 229 Affidavit in Support of Motion, 252 Exhibit, 285 Exhibit, 291 Exhibit, 254 Exhibit, 245 Exhibit, 276 Exhibit, 246 Exhibit, 293 Exhibit, 249 Exhibit, 284 Exhibit, 248 Exhibit, 259 Exhibit, 227 Exhibit, 247 Exhibit, 251 Exhibit, 240 Memorandum in Support of Motion, 275 Exhibit, 255 Exhibit, 221 Memorandum in Support of Motion, 273 Affidavit in Support of Motion, 295 Exhibit, 225 Exhibit, 288 Reply (Amended) filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Fodness, Kathryn) (Entered: 06/27/2018)
302 PROPOSED ORDER TO JUDGE re 301 JOINT MOTION REGARDING CONTINUED SEALING re 281 Affidavit in Support of Motion, 261 Exhibit, 250 Exhibit, 226 Exhibit, 286 Exhibit, 262 Exhibit, 223 Affidavit in Support of Motion, 283 Exhibit, 231 Exhibit, 274 Affidavit i filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy.(Fodness, Kathryn) (Entered: 06/27/2018)
303 ORDER granting 299 and 301 Joint Motions Regarding Continued Sealing.

Order on continued sealing becomes final on 7/26/2018 unless further timely submissions are filed.

Signed by Magistrate Judge Becky R. Thorson on 6/28/2018. (MSK) (Entered: 06/28/2018)

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304 LETTER TO DISTRICT JUDGE by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Jane Roe, John Roe . (Mohring, Andrew) (Entered: 07/16/2018)
305 Minute Entry for proceedings held before Judge Patrick J. Schiltz: Motion Hearing held on 7/27/2018 re 238 MOTION to Certify Class filed by Lawrence Maxcy, Jane Roe, John Roe, Ronaldo Ligons, Brent Buchan, 219 MOTION for Summary Judgment filed by David A. Paulsen, M.D., Thomas Roy, Nanette Larson, Minnesota Department of Corrections. Motions taken under advisement, written order forthcoming. (Court Reporter Debra Beauvais) (CLG) (Entered: 07/27/2018)
306 LETTER TO DISTRICT JUDGE by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Jane Roe, John Roe . (Agbaje, Esther) (Entered: 07/30/2018)
307 TRIAL NOTICE AND FINAL PRETRIAL ORDER. Jury Trial set for 2/4/2019 at 09:00 AM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. See Order for other dates and deadlines. (CLG) (Entered: 08/06/2018)
308 TRANSCRIPT REQUEST by Nanette Larson, Minnesota Department of Corrections, David A. Paulsen, M.D., Thomas Roy for a COPY OF TRANSCRIPT 305 Motion Hearing, to Court Reporter Debra Beauvais. (Fodness, Kathryn) (Entered: 08/21/2018)
309 LETTER TO DISTRICT JUDGE by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Barry Michaelson, Jane Roe, John Roe . (Mohring, Andrew) (Entered: 09/21/2018)
310 NOTICE of Filing of Official Transcript. This filing has 1 transcript(s) associated with it. (DKB) (Entered: 09/24/2018)
311 TRANSCRIPT of Motions Hearing held on 7/27/18 before Judge Patrick J. Schiltz. (68 pages). Court Reporter: Debra Beauvais. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.

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For information on redaction procedures, please review Local Rule 5.5. Redaction Request due 10/15/2018. Redacted Transcript Deadline set for 10/25/2018. Release of Transcript Restriction set for 12/24/2018. (DKB) (Entered: 09/24/2018)
312 TRANSCRIPT REQUEST by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Barry Michaelson, Jane Roe, John Roe for a COPY OF 311 Transcript&#040s&#041 to Court Reporter Debra Beauvais. (Mohring, Andrew) (Entered: 09/24/2018)
313 NOTICE of Appearance by Kevin Jonassen on behalf of Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Jonassen, Kevin) (Entered: 12/04/2018)
314 LETTER TO DISTRICT JUDGE by Brent Buchan, Ronaldo Ligons, Lawrence Maxcy, Jane Roe, John Roe . (Mohring, Andrew) (Entered: 12/07/2018)
315 LETTER TO DISTRICT JUDGE by Nanette Larson, Minnesota Department of Corrections, David A. Paulson . (Fodness, Kathryn) (Entered: 01/02/2019)
316 LETTER from Judge Patrick J. Schiltz. (CLG) (Entered: 01/03/2019)
317 ORDER granting in part and denying in part 219 Motion for Summary Judgment; granting 238 Motion to Certify Class. See Order for details. Signed by Judge Patrick J. Schiltz on 1/3/2019. (CLG) (Entered: 01/03/2019)
318 MOTION for Writ of Habeas Corpus ad testificandum and Application for Order filed by Lawrence Maxcy. (Mohring, Andrew) (Entered: 01/09/2019)
319 PROPOSED ORDER TO JUDGE re 318 MOTION for Writ of Habeas Corpus ad testificandum and Application for Order filed by Lawrence Maxcy.(Mohring, Andrew) (Entered: 01/09/2019)
320 ORDER granting 318 Motion for Writ of Habeas Corpus ad testificandum Signed by Magistrate Judge Becky R. Thorson on 1/9/2019. (MMG) (Entered: 01/09/2019)
321 LETTER TO CLERK'S OFFICE from Kevin Jonassen, Assistant Attorney General. (Jonassen, Kevin) (Entered: 01/11/2019)

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322 SEALED MEMORANDUM OPINION (Written Opinion). Signed by Judge Patrick J. Schiltz on 1/14/2019. (CLG) (Entered: 01/14/2019)
325 REDACTED VERSION OF 322 MEMORANDUM AND OPINION. (Written Opinion). Signed by Judge Patrick J. Schiltz on 1/14/2019. (CLG) (Entered: 01/29/2019)
323 (Text−only) NOTICE of Cancelation of Hearing: 307 TRIAL NOTICE AND FINAL PRETRIAL ORDER. Bench Trial set for 2/4/2019 at 09:00 AM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz is CANCELED. (CLG) (Entered: 01/16/2019)
324 ORDER. See Order for details. Signed by Judge Patrick J. Schiltz on 1/24/2019. (CLG) (Entered: 01/24/2019)
326 PLAINTIFF'S UNOPPOSED MOTION for Preliminary Approval of Proposed Class Action Settlement filed by Lawrence Maxcy. (Mohring, Andrew) Modified text on 3/15/2019 (MMP). (Entered: 03/15/2019)
327 MEMORANDUM in Support re 326 MOTION Preliminary Approval of Proposed Class Action Settlement filed by Lawrence Maxcy. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2)(Mohring, Andrew) (Entered: 03/15/2019)
328 PROPOSED ORDER TO JUDGE re 326 MOTION Preliminary Approval of Proposed Class Action Settlement filed by Lawrence Maxcy.(Mohring, Andrew) (Entered: 03/15/2019)
329 ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE. Signed by Judge Patrick J. Schiltz on 3/18/2019. (CLG) (Entered: 03/18/2019)
330 MOTION Final Approval of Class Action Settlement filed by Lawrence Maxcy. (Mohring, Andrew) (Entered: 05/31/2019)
331 MEMORANDUM in Support re 330 MOTION Final Approval of Class Action Settlement filed by Lawrence Maxcy.(Mohring, Andrew) (Entered: 05/31/2019)
332 Declaration of Andrew H. Mohring in Support of 330 MOTION Final Approval of Class Action Settlement filed by Lawrence Maxcy. (Attachments: # 1 Exhibit−Attachment A, # 2 Exhibit−Attachment B, # 3 Exhibit−Attachment C)(Mohring, Andrew) (Entered: 05/31/2019)
333 Declaration of Peter J. Nickitas in Support of 330 MOTION Final Approval of Class Action Settlement filed by Lawrence Maxcy.(Mohring, Andrew) (Entered: 05/31/2019)
334 Declaration of C. Peter Erlinder in Support of 330 MOTION Final Approval of Class Action Settlement filed by Lawrence Maxcy.(Mohring, Andrew) (Entered: 05/31/2019)
335 Declaration of Michelle Smith in Support of 330 MOTION Final Approval of Class Action Settlement filed by Lawrence Maxcy.(Mohring, Andrew) (Entered: 05/31/2019)
336 SEALED Declaration of Esther O. Agbaje in Support of 330 MOTION Final Approval of Class Action Settlement filed by Lawrence Maxcy. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L, # 13 Exhibit(s) M, # 14 Exhibit(s) N, # 15 Exhibit(s) O, # 16 Exhibit(s) P, # 17 Exhibit(s) Q, # 18 Exhibit(s) R, # 19 Exhibit(s) S, # 20 Exhibit(s) T, # 21 Exhibit(s) U, # 22 Exhibit(s) V, # 23 Exhibit(s) W)(Mohring, Andrew) (Entered: 05/31/2019)
337 STATEMENT INSTEAD OF REDACTED DOCUMENT: Impracticable to Redact for 336 Sealed Document(s) − filed by Lawrence Maxcy.(Mohring, Andrew) (Entered: 05/31/2019)
338 PROPOSED ORDER TO JUDGE re 330 MOTION Final Approval of Class Action Settlement filed by Lawrence Maxcy.(Mohring, Andrew) (Entered: 05/31/2019)
339 ORDER APPROVING CLASS ACTION SETTLEMENT. Signed by Judge Patrick J. Schiltz on 6/24/2019. (CLG) (Entered: 06/24/2019)

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340 Minute Entry for proceedings held before Judge Patrick J. Schiltz: Motion Hearing held on 6/24/2019 re 330 MOTION Final Approval of Class Action Settlement filed by Lawrence Maxcy. Written order issued. (Court Reporter Debra Beauvais) (CLG) (Entered: 06/24/2019)
341 JUDGMENT (Attachments: # 1 Civil Notice − appeal)(MMP) (Entered: 06/24/2019)
342 LETTER TO DISTRICT JUDGE by Nanette Larson, David A. Paulson, Paul Schnell . (Fodness, Kathryn) (Entered: 10/29/2019)
343 NOTICE of Withdrawal as Attorney (Fodness, Kathryn) (Entered: 11/06/2019)
344 TRANSCRIPT REQUEST for a 30−Day Transcript of 340 Motion Hearing, to Court Reporter Debra Beauvais. (NAH) (Entered: 12/06/2019)
345 NOTICE of Filing of Official Transcript. This filing has 1 transcript(s) associated with it. (DKB) (Entered: 01/02/2020)
346 PARTIAL TRANSCRIPT (Excerpt) of Motions Hearing held on 6/24/2019 before Judge Patrick J. Schiltz. (3 pages). Court Reporter: Debra Beauvais. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.

Transcript temporarily sealed to determine if redactions are required. Parties have 7 days to file a Notice of Intent to Request Redaction or Notice that No Redaction is Required. For further information on redaction procedures, please review Local Rule 5.5 and the Transcripts under NextGen ECF Reference Guides.

01/07/2020 02/07/2020 05/05/2020

Notice Intent/No Intent to Request Redactions due 1/9/2020. Redaction Request due 1/23/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/1/2020. (DKB) (Entered: 01/02/2020)
347 NOTICE THAT NO REDACTION IS REQUIRED by Lawrence Maxcy re 346 Transcript,,, . Attn: Court Reporter Debra Beauvais. (Agbaje, Esther) (Entered: 01/07/2020)
348 LETTER TO DISTRICT JUDGE by Nanette Larson, David A. Paulson, Paul Schnell . (Jonassen, Kevin) (Entered: 02/07/2020)
349 LETTER TO DISTRICT JUDGE by Nanette Larson, Paul Schnell . (Jonassen, Kevin) (Entered: 05/05/2020)

 
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

RONALDO LIGONS,

File No. 15-CV-___, ____/_____

BARRY MICHAELSON,

JOHN ROE, and JANE ROE,

JOHN MILES AND JANE MILES,

JOHN STILES AND JANE STILES,

individually, and on behalf of those similarly situated,

Plaintiffs, v.

MINNESOTA DEPARTMENT OF CORRECTIONS, COMPLAINT

THOMAS ROY, Minnesota Commissioner of Corrections, in his official capacity,

JURY DEMANDED for all claims triable to the jury;

DR. DAVID A. PAULSON, M.D., in his individual and his official capacities for actions under color of law as Medical Director, Minnesota Department of Corrections,

EQUITABLE RELIEF AND DECLARATORY RELIEF DEMANDED

NANETTE LARSON, in her individual and her official capacities for actions under color of law as Health Services Director, Minnesota Department of Corrections,
Dr. D. QUIRAM, M.D., in his individual and his official capacities for actions under color of law as Plaintiffs’ treating physician at Minnesota Correctional Facility, Stillwater,

FOR CLASS CLAIMS AND INDIVIDUAL CLAIMS AMENABLE TO DECLARATORY AND EQUITABLE

Dr. R. HANSON, M.D., in his individual and his official capacities for actions under color of law as Plaintiffs’ treating physician at Minnesota Correctional Facility, Stillwater,

RELIEF

JOHN and JANE DOES A - J, in their respective individual and official capacities for actions under color of law as staff of Minnesota Correctional Facilities, Stillwater and Faribault,

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and CENTURION MANAGED CARE, a division of CENTENE CORPORATION, a Missouri Corporation,
Defendants, INTRODUCTION
Plaintiffs are inmates of the Minnesota Department of Corrections. The plaintiff class representatives, RONALDO LIGONS and BARRY MICHAELSON, suffer from the serious medical need, disability, and life-threatening viral disease known as hepatitis-C (HCV for “hepatitis-C virus”). In December 2013, FDA-designated "breakthrough" drugs were approved to cure HCV at a 95% rate, with one-pill-per-day for 12 weeks irrespective of the stage of the infection. In January 2014, the American Association for the Study of Liver Disease and Association for the Study of Infectious Disease (AALSD/ASID) adopted the “breakthrough” drug 12-week daily-pill therapy protocol, with the 95% cure rate, as the hepatitis-C treatment community standard-of-care, thus replacing the highly toxic and less effective 48-week Interferon-based injection therapy in very short order.
For non-medical reasons, Defendants refuse to provide the "breakthrough" drug treatment, viz. the hepatitis-C treatment community standard-of-care, which will cure Plaintiffs’ HCV infection in three months from its inception.
Since June 2014, the Federal Bureau of Prisons, the Center for Disease Control, the United States Public Health Service, the Food and Drug Administration, and the United States Department of Veterans Affairs have all recognized the changed standard-of- care
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within the hepatitis-C medical treatment community for HCV patients in their approval and implementation of one-pill-per-day, 12-week protocols for the treatment of HCV patients, as the up-to-date standard of care in the hepatitis-C treatment community.
By December 2014, FDA approval of Harvoni and Viekera-Pak, two additional "breakthrough" drugs, eliminated toxic Interferon entirely in 12-week oral treatments as the current standard of care post-December 2014. The dangerous and serious side-effects associated with the 48-week toxic Interferon-injection therapy have rapidly made toxic Interferon medically obsolete among physicians specializing in treating HCV infections.
When a more effective and less harmful alternative exists (i.e. the FDA-designated “HCV breakthrough drugs”) the Hippocratic Oath requires that doctors prescribe the treatment that is (a) more effective, (b) less harmful, and (c) less painful and unpleasant for patients in their care.
The plaintiffs, individually and as a class, sue the Defendants in their respective, specified individual and official capacities for their joint and several actions that constitute deliberate indifference to their serious medical needs as Hepatitis C patients, in violation of their clearly established Eighth and Fourteenth Amendment rights under the United States Constitution, for which 42 U.S.C. § 1983 provides declaratory, equitable, and legal remedies.
The plaintiffs, individually and as a class, sue the Minnesota Department of Corrections, a recipient of federal monies, Commissioner Tom Roy, Centene Corporation, a recipient of federal monies, and other named Defendants in their official capacities for acts constituting discrimination because of their disability of Hepatitis C under Title II of
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the Americans with Disabilities Act as Amended and § 504 of the Rehabilitation Act of 1973.
The plaintiff class representatives have exhausted their administrative remedies under governing national and state laws.
The plaintiffs demand jury trial for all claims triable to the jury. JURISDICTION AND VENUE
1. Plaintiffs set forth claims under U.S. Const. amend. VIII and XIV, 42 U.S.C. § 12131 et seq., and 29 U.S.C. § 791 et seq.
2. 28 U.S.C. §§ 1331 (federal question) and 1343(a)(4) (federal civil rights question) confer subject matter jurisdiction on this court.
3. Plaintiffs state claims that arise under Minnesota law. 4. 28 U.S.C. § 1367 confers supplemental jurisdiction for all claims that arise under
Minnesota law. 5. The substantial number of events in this lawsuit took place in Washington and
Ramsey Counties, state of Minnesota. 6. Plaintiffs lay venue in this court per 28 U.S.C. § 1391. PLAINTIFFS 7. Plaintiff RONALDO LIGONS (LIGONS) has been an inmate of MN DOC and
its correctional facilities since 1992. 8. In 1998, Ligons was informed by Defendant MN DOC agents, employees, or
representatives that he was HCV-positive. 9. The source of his exposure is unknown.
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10. The 48-week, toxic Interferon injection treatment MN DOC provided to Mr. Ligons failed in 2006.
11. Mr. Ligons is to be released from MN DOC custody in more than three months, viz., more than twelve weeks from the date of suit.
12. Mr. Ligons was an inmate of the Minnesota Correctional Facility at Stillwater (MCF Stillwater) until February 2015.
13. Mr. Ligons is a current inmate at the Minnesota Correctional Facility at Faribault (MCF Faribault).
14. As the direct result of the policy and practice of MN DOC and CENTENE CORPORATION, and individual Defendants’ conduct, Mr. LIGONS has been denied the current standard-of-care one-pill per day, twelve week HCV treatment that cures HCV at a 95% rate, in deliberate indifference to his serious medical needs as a Hepatitis C sufferer, and because of his disability as a hepatitis C sufferer.
15. Plaintiff BARRY MICHAELSON (Michaelson) is an inmate of the MN DOC at MCF Stillwater.
16. Defendant MN DOC agents, representatives, or employees informed Mr. Michaelson that he was HCV-negative in October 2009, when he entered MN DOC custody.
17. Mr. Michaelson tested HCV positive in 2010, only after being double-bunked with a bleeding, HCV-positive cellmate and his exposure to other sources of HCV in MN DOC facilities.
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18. Mr. Michaelson is to be released in more than three (3) months, viz., more than twelve weeks, from the date of suit.
19. As the direct result of the policy and practice of MN DOC and CENTENE CORPORATION, and individual Defendants’ conduct, Mr. LIGONS and Mr. MICHAELSON have been denied the current standard-of-care one-pill per day, twelve week HCV treatment that cures HCV at a 95% rate, in deliberate indifference to their serious medical needs as Hepatitis C sufferers, and because of their disabilities as hepatitis C sufferers.
20. In the cases of Mr. Ligons and Mr. Michaelson, HCV is a disability and disease of the digestive and circulatory systems that substantially and materially impairs their respective major life activities of (a) self-caring, (b) social interaction with other persons, (c) manual tasks particularly those involving knives, scissors, pins, needles, toothbrushes, eating utensils, or shaving razors, (d) reproduction, and (e) life itself.
21. Each day that MN DOC delays treatment of Mr. Ligons’ and Mr. Michaelson’s cases of HCV, the likelihood of cirrhosis of the liver, liver cancer, a liver transplant, and death from HCV grow for each of them, as well as each member of the Class, as does the likelihood of infection for those with whom they come in contact in MN DOC facilities and, after their respective release, with whom they make contact in the general public.
22. The Plaintiffs' liver, digestive system, and circulatory systems continue to deteriorate, as do those of other members of the named class, the subclass of plaintiffs with known cases of HCV that are not treated, and the subclass of
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plaintiffs with unknown and untreated cases of HCV. 23. Mr. Ligons and Mr. Michaelson have demanded HCV treatment in accordance
with the one-pill a day, twelve week treatment protocol for Sovaldi that the FDA, U.S. Public Health Service, and Center for Disease Control have approved, and which the Federal Bureau of Prisons (FBOP) has approved for administration to HCV-positive federal inmates. 24. The Defendants jointly and severally have denied treatment to plaintiffs Ligons and Michaelson because of the Defendants’ respective polic(y/ies) and acts. 25. Plaintiffs Ligons, Michaelson and those similarly situated, are that portion of the approximately 9,000 inmates at the nine Minnesota Department of Correction (MnDOC or MN DOC) facilities who have tested positive, or will test positive, for HCV (15% would be 1350 inmates). 26. Plaintiffs Ligons and Michaelson have requested the up-to-date 12-week HCV treatment which the FDA has approved since December 2013 and confirmed since December 2014. 27. The Federal Bureau of Prisons (FBOP) adopted the FDA-approved 12-week HCV treatment no later than June 2014. 28. Plaintiffs Ligons and Michaelson reported their respective requests for the FDAapproved 12 week treatment to MN DOC Medical Director David Paulson, M.D., and MN DOC Health Services Director Nanette Larson. 29. Medical Director Dr. Paulson and Health Services Director Larson, jointly and severally, individually and officially, have denied Ligons’ and Michaelson’s
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respective requests for the FDA-approved 12 week treatment. 30. Plaintiffs Ligons and Michaelson have exhausted their respective administrative
remedies under governing federal and state law. 31. Plaintiffs JOHN ROE and JANE ROE are the estimated 50-80% of male and
female inmates of MN DOC institutions who have not been screened for HCV, as they were for HIV, and do not know their HCV status. 32. Plaintiffs JOHN MILES AND JANE MILES are the respective male and female inmates of MN DOC institutions who have tested positive for HCV, and have not received treatment for HCV, in compliance with the professional standard of medical care for HCV-positive individuals that the FDA, FBOP, CDC, U.S. Public Health Service, and U.S. Department of Veterans Affairs approved since December 2013. 33. Plaintiffs JOHN STILES AND JANE STILES are the respective male and female inmates of MN DOC institutions who are HCV-positive, do not know that they are HCV-positive, and have not received treatment for HCV, in compliance with the professional standard of medical care for HCV-positive individuals that the FDA, FBOP, CDC, U.S. Public Health Service, and U.S. Department of Veterans Affairs approved since December 2013. 34. All Plaintiffs are daily exposed to HCV infection, or re-infection while incarcerated, due to the deliberate indifference of Defendants who have not adopted the safer, more effective treatment protocols for HCV treatment adopted by the CDC, U.S. Public Health Service, and Federal BOP to prevent infection and re-infection of
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inmates. 35. Plaintiffs Ligons and Michaelson reported the FBOP adoption of the FDA-
approved 12 week protocol to Dr. Paulson. 36. Dr. Paulson denied Messrs. Ligons’ and Michaelson’s respective requests. 37. Defendants’ knowing refusal to make available the safer and more effective cure for
Plaintiffs' HCV infection, and continuing a policy of refusing to make the 12-week treatment and cure available for non-medical reasons, are prolonging the harm HCV is causing to named Plaintiffs' bodies and life expectancies, and those of other MN DOC inmate class member and other MN DOC inmate subclass members, and demonstrate deliberate indifference to the plaintiffs’ respective serious medical needs. DEFENDANTS 38. Defendant MINNESOTA DEPARTMENT OF CORRECTIONS (MN DOC, MnDoc, MnDOC) is an agency of the state of Minnesota. 39. Defendant MN DOC has its principal place of business and headquarters in the city of St. Paul, Ramsey County, state of Minnesota. 40. Defendant MN DOC is a recipient of federal funds. 41. Plaintiffs sue Defendant MN DOC for creation and implementation of policies that (a) have directly inflicted harm and demonstrated deliberate indifference to the disability, disease, and serious medical needs of plaintiffs, in defiance of the Plaintiffs’ clearly established rights under U.S. Const. amend. VIII and XIV
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through 42 U.S.C. § 1983, (b) discriminated against Plaintiffs on the basis of their disability in defiance of Title II of the Americans with Disabilities Act as Amended at 42 U.S.C. § 12131 et seq., § 504 of the Rehabilitation Act of 1973 at 29 U.S.C. § 791 et seq., and (c) have directly inflicted harm and demonstrated deliberate indifference to the disability, disease, and serious medical needs of plaintiffs, in defiance of the Plaintiffs’ clearly established rights under Minn. Const. Art. I, §§ 2, 5, 7, and 16, for which Minn. Const. Art. I, § 8 provides a remedy. 42. Defendant THOMAS ROY, an adult individual, (Roy, Commissioner Roy, Commissioner) is the Commissioner of Corrections of the MINNESOTA DEPARTMENT OF CORRECTIONS (MN DOC), whom Minnesota Governor Mark Dayton appointed as Commissioner of Corrections. 43. COMMISSIONER ROY is responsible for policy, administration and supervision of staff within MN DOC during all times relevant to this action. 44. Plaintiffs sue COMMISSIONER ROY in his official capacity. 45. Defendant DAVID A. PAULSON, M.D. is an adult individual and the Medical Director of MN DOC, with his office in the Central Office of MN DOC. 46. Dr. Paulson is responsible for medical services within the MN DOC system. 47. On information and belief after reasonable inquiry by the plaintiffs, Dr. Paulson is responsible for the establishment of medical policy that governs the medical treatment of all inmates of MN DOC, including the Plaintiffs.
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48. Dr. Paulson has authored The Facts about HCV, published by the Hazelden Foundation in 2002 with a second edition in 2008 in which Dr. Paulson held himself out as an HCV expert and treating physician in the Minnesota Department of Human Services.
49. Plaintiffs sue Defendant David Paulson in his respective individual and official capacities for actions taken under color of law as Medical Director, MN DOC.
50. Defendant NANETTE LARSON is an adult individual and the Director of Health Services in the Central Office of MN DOC.
51. Grievances arising from the denial of medical care, and the denial of Plaintiffs’ requested medical care, by MN DOC staff that are appealed to the Central Office are reviewed and ruled upon by NANETTE LARSON in accordance with governing federal law, state law, and applicable MN DOC regulations having the force of law.
52. On information and belief after reasonable inquiry by the plaintiffs, grievances arising from the denial of medical care, and the denial of Plaintiffs’ requested medical care, by MN DOC staff that are appealed to the Central Office are reviewed and ruled upon by NANETTE LARSON, after consultation with Defendant PAULSON.
53. Plaintiffs sue Defendant LARSON in her individual and official capacities for her actions taken under color of law as Director of Health Services, MN DOC.
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54. DR. D. QUIRAM, M.D., and DR. R. HANSON, M.D., adult individuals, are treating physicians of Plaintiffs.
55. DR. QUIRAM and DR. HANSON provide medical services to Plaintiffs, pursuant to contract with MN DOC.
56. DR. QUIRAM and DR. HANSON have the obligation to provide independent, individualized, safe, effective medical care to each Plaintiff, consistent with current community standards of professional medical care.
57. Plaintiffs sue DR. QUIRAM and DR. HANSON in individual and official capacities for action taken under color of law as Plaintiffs’ treating physicians under contract to MN DOC through Defendant CENTENE CORPORATION, doing business as Centurion Managed Care, for their deliberately indifferent failure to treat Plaintiffs’ disability, disease, and serious medical needs of hepatitis C in compliance with current standards of individualized professional medical care.
58. Defendants JOHN and JANE DOES A – J, adult individuals, are male and female doctors, nurses, case managers, correctional officers, supervisors, and MN DOC employees, agents, or representatives, whose work places are MCF Stillwater or MCF Faribault, charged with responding to requests for medical care for hepatitis C from named Plaintiffs, or responding to requests for medical care for hepatitis C from now-unknown inmates of the MN DOC.
59. Plaintiffs sue DEFENDANTS JOHN AND JANE DOE A – J in their respective individual and official capacities for actions taken under color of law for their
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deliberately indifferent failure to treat Plaintiffs’ disability, disease, and serious medical needs of hepatitis C in compliance with current standards of individualized professional medical care. 60. Defendant CENTENE CORPORATION, DOING BUSINESS AS CENTURION MANAGED CARE (CENTENE), is a for-profit corporation with its principal business and headquarters in Missouri, doing business in Minnesota. 61. Defendant CENTENE is a recipient of federal funds. 62. Defendant CENTENE contracted with MN DOC to provide medical treatment services to MN DOC inmates for sixty-seven million dollars ($67,000,000), beginning on 1 January 2014. 63. Plaintiffs sue Defendant CENTENE for creation and implementation of policies, pursuant to contract with MN DOC, that have directly inflicted harm and demonstrated deliberate indifference to the disability, disease, and serious medical needs of plaintiffs, in defiance of U.S. Const. amend. VIII and XIV through 42 U.S.C. § 1983, Title II of the Americans with Disabilities Act as Amended at 42 U.S.C. § 12131 et seq., and § 504 of the Rehabilitation Act of 1973 at 29 U.S.C. § 791 et seq. 64. Plaintiffs sue the Defendants in their respective, specified capacities, for actions under color of law at all times relevant to this lawsuit, for their joint and several actions, policy creations, and policy implementations that manifest deliberate indifference to the Plaintiffs’ serious medical needs of hepatitis C, in violation of
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Plaintiffs’ rights under U.S. Const. amend. VIII and XIV through 42 U.S.C. § 1983 and Minn. Const. Art. I, §§ 2, 5, 7, and 8, and discriminate against Plaintiffs on account of their disabilities in violation of Title II of the Americans with Disabilities Act as Amended, 42 U.S.C. § 12131 et seq., § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 791 et seq. FACTS A. HEPATITIS C VIRUS (HCV) DEFINED 65. HCV was not discovered until 1989. Blood screening was not possible until the mid-1990's. According to the CDC, everyone born between 1945 and 1965 is at risk and should undergo testing for hepatitis C. 66. The Centers for Disease Control (CDC) estimate the potentially fatal blood-borne Hepatitis-C Virus (HCV) infects some 4 million Americans of all ages and walks of life (about 2% of the population) and causes more deaths than HIV/AIDS. 67. Between 20 - 50% of America’s 2.3 million inmates are HCV-positive. According to the CDC, therefore most prisoners and 98% of the general population are at risk from unscreened, untreated inmates. 68. Eliminating HCV from corrections facilities filters HCV from the entire nation’s blood pool. 69. HCV is a chronic, potentially fatal blood-borne viral disease that substantially and materially degrades the liver’s ability to purify blood and to convert substances in
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the blood to glucose, inflicting progressive damage on the liver, which substantially and materially impairs the body’s digestive and circulatory systems each day. 70. HCV can be spread by mere contact with an infected individual’s blood, under such circumstances as: (a) physical activity in sports, (b) tattooing, (c) use of a needle not properly cleaned and sterilized, (d) exposure to an infected person’s blood in the course of medical care, (e) barber and cosmetology care, (f) sexual activity, (g) sharing of eating utensils and food, (h) sharing razors or other personal grooming supplies, (i) sharing bathrooms or shower facilities, (j) sharing living quarters, or (k) physical violence between inmates or involving staff. 71. If left untreated, even asymptomatic HCV causes cirrhosis, or destructive scarring of the liver, liver cancer, and may require a liver transplant, and eventually cause other symptoms to those it afflicts. As a communicable disease, HCV poses an unreasonable and substantial risk of serious present and future medical and physical harm to the Plaintiffs, and the general public after Plaintiffs’ release from prison. Roe v. Elyea, 631 F.3d 843 (7th Cir. 2011). 72. HCV substantially and materially impairs the individual’s, and these plaintiffs’, major life activities of (a) self-caring, (b) social interaction with other persons, (c) manual tasks particularly those involving knives, scissors, pins, needles, toothbrushes, eating utensils, or shaving razors, (d) reproduction, and (e) life itself. 73. Each day treatment is postponed, the likelihoods of: cirrhosis of the liver, liver cancer, a liver transplant, and death from HCV grow for each member of the Class,
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as does the likelihood of infection for those with whom they come in contact in MN DOC facilities and for members of the general public after they are released into the general population outside prison. B. BACKGROUND – CENTERS FOR DISEASE CONTROL, FDA, FBOP, U.S. PUBLIC HEALTH SERVICE, SURGEON GENERAL, AND THE V.A. 74. Eradicating HCV from the whole population became possible in December 2013 because of the approval of the first FDA “breakthrough” drugs. 75. In December 2013, the United States Food and Drug Administration (FDA) approved a new class of safer, direct-acting, anti-viral drugs that cure HCV infections in 12-weeks of daily pill therapy at a 95% success rate. 76. In January 2014, the Infectious Disease Society of America (IDSA) and the American Association for the Study of Liver Disease (AASLD) issued guidelines recommending sofosbuvir (Sovaldi) and similar new drugs as first-line therapy to replace year-long Interferon-based injections entirely. See, www.hcvguidelines.org. 77. In June 2014 the Federal Bureau of Prisons (FBOP) issued "Clinical Practice Guidelines" (Guidelines, or Protocol) for HCV treatment of inmates. 78. The protocol specifically lists the ASSLD/IDSA sofosbuvir twelve week, one pill per day regimen as the safer, more effective, standard-of-care in all FBOP facilities. The FBOP specifically rejected the more dangerous, less effective 48-week toxic Interferon-based injection treatment regimen. 79. Other agencies of the United States, including the Centers for Disease Control
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(CDC), the United States Department of Veterans Affairs (VA), and the Surgeon General of the United States Public Health Service (Surgeon General) adopted the one pill per day, twelve-week protocol as the standard of care for treatment of HCV, and specifically rejected the forty-eight week toxic Interferon injection regimen, as has: the CDC, the Veterans Administration (VA), and the Surgeon General of the US. Public Health Service. Private insurers that include UnitedHealth, Anthem, and Aetna cover the non-interferon anti-viral oral pill treatments. 80. As set forth in the FBOP June 14, 2014 Clinical Practice Guidelines for HCV, the above protocols’ only medical criteria are that the patient; (a) not be pregnant; (b) have sufficient time in custody to complete treatment; and, (c) "demonstrate willingness and ability to adhere to rigorous treatment and to abstain from high risk activities." 81. According to the AALSD/IDSA, FBOP, CDC, and VA protocols, chemical dependency treatment, however, is not a medically required precondition for the twelve week HCV treatment. 82. Similarly, sharing of contaminated needles is a known vector for transmission of the human immunodeficiency virus (HIV). 83. Nonetheless, upon information and belief, chemical dependency treatment is NOT a precondition for HIV/AIDS anti-viral therapies in MN DOC facilities. 84. The AALSD/IDSA, FBOP, CDC, and VA HIV/AIDS treatment protocols
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require treatment upon a positive test for HIV, without waiting for the onset of HIV-related illnesses, including Kaposi’s sarcoma or pneumonia. 85. Similarly, the AALSD/IDSA, FBOP, CDC, and VA HCV protocols do not prescribe delay in HCV treatment until the onset of fibrosis, cirrhosis of the liver, or liver cancer for medical reasons. 86. Since the adoption of the 12-week, one-pill-a-day HCV standard of care by agencies of the United States, barriers that the Defendants, jointly and severally, have erected in fact and as a matter of policy, to screening and treatment of HCV that differ significantly from HIV/AIDS lack medical justification, and do not survive scrutiny on rational basis grounds. 87. Defendants must assume the constitutional obligations under U.S. Const. amend. VIII and XIV and Minn. Const. Art. I, §§ 2, 5, 7, and 8, and the statutory obligation under U.S. Const. Art. VI, cl. 2, 42 U.S.C. § 12131 et seq., and 29 U.S.C. § 791 et seq., to provide the safer, more effective, non-interferon-based medical care for HCV that evolving science and FBOP, FDA, and Surgeon General protocols have made the new professional medical community standard of care, to eradicate HCV infection from the MN DOC population. 88. In so doing, the Defendants reduce and then eliminate the likelihood of HCV reinfection of Plaintiffs, and increase the likelihood of reduction and ultimate eradication of HCV amongst the general public population as a result.
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C. HCV AS A SERIOUS MEDICAL NEED, IN WHICH ASSERTED FAILURE OR DELAY IN TREATMENT STATES CLAIMS FOR DELIBERATE INDIFFERENCE TO PRISONERS’ MEDICAL NEEDS UNDER THE EIGHTH AND FOURTEENTH AMENDMENTS 89. Erickson v. Pardus, 551 U.S. 89, 90, 127 S. Ct. 2197 (2007), holds that conscious delay, conscious denial of access, or conscious interference in medical treatment of hepatitis C for non-medical reasons -- standing alone -- states a plausible claim for deliberate indifference against prison doctors, prison guards, or prison officials to the serious medical needs of a prisoner in violation of U.S. Const. amend. VIII and XIV through 42 U.S.C. § 1983. 90. Minnesota Department of Health Regulations 4605.7030 and 4605.7040 subp. B(22) require that all physicians, healthcare facilities, medical laboratories, and every licensed healthcare provider shall submit clinical materials associated with HCV positive cases to the Commissioner of Health within one working day of diagnosis.
91. Said Minnesota regulations impose a duty to obtain knowledge, and to transmit said knowledge to the Minnesota Department of Health, of all HCV cases within the care and responsibility of all medical care providers, including medical care providers employed by, or contracted by, the Minnesota Department of Corrections.
92. In accordance with Minn. Stat. § 241.01 subd. 3(a)(1), Defendant MN DOC has adopted "Blood borne Pathogen Policy" §105.170 et seq. with updates §105.170 FRB, 5/6/14, and §151.171, 9/2/14, which purport to adopt up-to-date U.S. Public
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Health Service (USPHS) and CDC treatment protocols for disabling, blood borne pathogens, including HCV. 93. At all times relevant to this lawsuit, Defendant MN DOC, its agents, employees, representatives, or contractors including CENTENE, provide free, routine screening for HIV/AIDS within 14 days of prisoners’ intake, or in response to a “kite” written request to a facility health service, with treatment available at all MN DOC facilities, without the precondition of chemical dependency treatment. 94. In contrast, at all times relevant to this lawsuit, Defendant MN DOC, its agents, employees, representatives, or contractors including CENTENE, provide NO routine screening for HCV during or after intake to identify sources of infection, or to protect inmates from sources of infection, despite the duties to know and transmit that the above regulations impose. 95. Upon information and belief, Defendants Medical Director Dr. Paulson, Director of Health Services Larson, Drs. Quiram, Hanson and other Defendants had actual knowledge, through personal mail from Plaintiff Ligons, professional journals, professional meetings in January 2014, FBOP publications and general media, of the new medications for HCV that are safer and more effective than MN DOC HCV treatment protocols. 96. Despite Defendants' knowledge of the new safer and more effective standard-ofcare, the Defendants, jointly and severally, have not provided the current 12-week week one pill per day professional HCV-treatment community medical standard of care described in the June 2014 FBOP Clinical Treatment Guidelines, and other
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peer-reviewed sources, to meet the individual needs of the Plaintiffs, and to screen and cure prisoners infected with the HCV virus for reasons unrelated to medical care. 97. At all times relevant to this lawsuit, Defendant MN DOC, its agents, employees, representatives, or contractors including CENTENE, jointly and severally, have willfully denied, or, with manifest deliberate indifference to the serious medical needs of the plaintiffs, denied the current medical professional HCV-treatment community standard of individualized medical care to plaintiffs and similarly situated HCV positive inmates, specifically, the daily oral twelve week treatment protocols, for non-medical reasons. 98. At all times relevant to this lawsuit, Defendant MN DOC, its agents, employees, representatives, or contractors including CENTENE, jointly and severally, have willfully delayed, denied, or interfered with plaintiffs’ timely HCV treatment by requiring chemical dependency treatment as a medically unnecessary precondition for HCV treatment. 99. At all times relevant to this lawsuit, Defendant MN DOC, its agents, employees, representatives, or contractors including CENTENE, have intentionally delayed, denied, or interfered with plaintiffs’ timely HCV treatment by withholding HCV treatment until plaintiffs manifest symptoms of fibrosis, cirrhosis of the liver, or liver cancer, for non-medical reasons. 100. The only HCV treatment available in the MN DOC--CENTENE system consists of the forty-eight week course of daily toxic Interferon-based injections and
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monitoring of blood viral load in a clinical setting. The FBOP rejected this treatment in June 2014 as falling below the professional hepatitis-C medical treatment community standard of individualized care of inmates, specifically, the twelve week, one oral pill per day medication protocol available since December 2013 of Olysio, Sovaldi, and successor medicines that include Harvoni and Viekira Pak. 101. As described in written policy and in response to written requests from Plaintiffs, at all times relevant to this lawsuit, of the nine (9) facilities that MN DOC operates, Defendants MN DOC, ROY, CENTENE, LARSON, AND PAULSON, jointly and severally, offer forty-eight week, toxic Interferon-based HCV treatment only at specific facilities, and thus exclude inmates at all other facilities from receiving any HCV treatment at all. 102. For non-medical reasons of policy and practice, MN DOC and CENTENE, jointly and severally, at all times relevant to this lawsuit, have systematically denied, and continue to deny systematically, MN DOC inmates’ requests for the FDAapproved, one pill per day, twelve week treatment protocol of Olysio, Sovaldi, which the FBOP as of June 2014, the FDA, the CDC, the U.S. Public Health Service Surgeon General, and the VA have adopted as the safest, most effective professional HCV-treatment medical community standard of care for the treatment and cure of HCV virus infections at a 95% cure rate – a protocol to which Harvoni and Viekira Pak were added in late 2014. 103. As a direct result of the Defendants’ joint and several policies, practices, and
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actions that lack medical foundation or rational basis, and which substitute administrative convenience, caprice, and whim for individualized professional medical care and judgment for the Plaintiffs, each day the Defendants deny to Plaintiffs the FBOP Sovaldi/Harvoni equivalent of the non-Interferon twelve week, daily pill protocol to cure HCV, Defendants needlessly force Plaintiffs to suffer the progressive effects of the chronic, life-threatening disease of hepatitis C. 104. The Defendants’ joint and several willful, deliberate actions make progression of plaintiffs’ cases of HCV foreseeable, and increased public expense inevitable. 105. The Defendants’ joint and several willful, deliberate actions make increased public expense to treat Plaintiffs’ cases of HCV foreseeable and inevitable. 106. The Defendants’ joint and several willful, deliberate actions increase without medical reason or lawful purpose the likelihood of the Plaintiffs’ deaths for reasons arising from HCV infection. 107. Day by day, uninfected inmates, and the public at large, run increasing risks of HCV infection which Defendants could “cure;” to these inmates’ serious, medical needs of freedom from, and knowledge of, infection by HCV, the Defendants, jointly and severally, are deliberately indifferent, for reasons of nonmedical policy and practice. D. CLASS ALLEGATIONS 108. Plaintiffs brings this action on behalf of themselves, and others similarly
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situated, (the "Class") pursuant to Fed. R. Civ. P. 23(a) and 23(b)(2). 109. Plaintiffs seek to represent the following Class and sub-classes on claims for
declaratory and injunctive relief and damages: (a) All persons (male and female) incarcerated in Minnesota Department of
Corrections facilities with 12 weeks remaining on their sentence; who test HCVpositive and wish to participate in the 12-week oral-medication HCV treatment, equivalent to Federal Bureau of Prisons Clinical Treatment Guidelines. (b) All persons as in (a) who tested HCV positive before entering MN DOC facilities. (c) All persons as in (a) who were not HCV-positive before entering facilities and became infected while housed in Mn DOC facilities. (d) All persons as in (a) in various stages of HCV infection who are not being treated at all because of the Chemical Dependency Treatment requirement, that is not required by the FBOP, CDC, AASLD/ASID, VA or other medical treatment guidelines. (e) All persons as in (a) in various stages of HCV infection who are not being treated because of other limitations on access to medication unrelated to patient care, that are not required by the FBOP, CDC, AASLD/ASID, VA or other medical treatment guidelines. (f) All persons as in (a) in various stages of HCV infection who are not being treated because they have refused toxic Interferon-based treatment, offered by MN DOC in contravention of current FBOP, CDC, AASLD/ASID, VA or other
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medical treatment guidelines. (g) All persons as in (a) who are HCV-positive but have not been screened by MN
DOC so have been unaware of the HCV-status and cannot request the 12-week oral medication. (h) All persons as in (a) who are not aware of their HCV status, who are fearful of being exposed to HCV because of MN DOC policies and practices that make it impossible to know if any other inmates with whom they come in contact are HCV-positive, or not. 110. Plaintiffs seek to represent the following Class on claims for declaratory and injunctive relief from state-created danger of HCV infection: All persons (male and female) incarcerated in Minnesota Department of Corrections facilities as of January 1, 2014 who have been, are, and will be, exposed to risk of harm daily by the deliberate indifference of Defendants' failure to adopt the 12-week Federal Bureau of Prison Clinical HCV Treatment Guidelines – and successor nonInterferon therapies -- who were not HCV positive upon entering MN DOC facilities, or do not know their HCV status and wish to be screened and treated, if testing positive. 111. As a result of Defendants’ joint and several deliberate indifference to the serious medical needs of the Class, the members of the Class are or will be subjected to cruel and unusual punishment and deprived of other constitutional and statutory rights, and will face ongoing, threatened, and imminent physical harm.
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112. Plaintiffs seek declaratory and injunctive relief to enjoin Defendants’ actions, policies and practices that infringe on their rights.
113. The requirements of Rules 23(a) and 23 (b) are met by this action. (a) Numerosity under Fed. R. Civ. P. 23(a)(1): The precise number of inmates in the Class and their identity are within the control of Defendants. The names and locations of inmates testing positive for HCV and whether all inmates have even been screened for HCV are data controlled by Defendants. National averages predict the number would exceed 1,500, a size much too large to make joinder practicable. (b) Commonality under Fed. R. Civ. P. 23(a)(2): Questions of law and fact are common to the Class, including but not limited to: (1) the nature and scope of the safer, more effective standard of care, exemplified by the Federal BOP Clinical Treatment Guidelines; (2) The MN DOC policy for the treatment of HCV with toxic Interferon that is now outmoded for all patients, as less safe and less effective; (3) Whether the MN DOC use of an outmoded medical treatment that is less safe and effective than the current standard of care violates the Eight Amendment; (4) Whether the MN DOC use of an outmoded medical treatment that is less safe and effective than the current standard of care violates Article II of the ADA as Amended; and (5) Whether the MN DOC use of an outmoded medical treatment that is less safe and effective than the current standard of care violates Section 504 of the Rehabilitation Act. (c) Typicality - Fed. R. Civ. P. 23(a)(3): Plaintiff's claims are typical of the Class
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members because Plaintiff and all Class Members were injured by the same wrongful policy and practices of Defendants as described in this Complaint. Plaintiff's claims arise from the same practices and course of conduct that give rise to the claims of the Class Members and are based on the same legal theories. (d) Representativeness - Fed. R. Civ. P. 23(a)(4): (1) Plaintiffs will fairly and adequately protect the interests of the Class. (2) Plaintiffs have no interests that are contrary to or in conflict with those of the Class they seek to represent. (3) Plaintiffs are represented by competent and skilled counsel whose interests are aligned with the interests of the Class. (4) Relief concerning Plaintiffs’ rights under the laws herein alleged and with respect to the Class would be proper. (5) Defendants have acted or refused to act with respect to the Class, thereby making appropriate final injunctive relief or corresponding injunctive relief with regard to Class Members as a whole and certification of the Class under Rule 23(b)(2) proper. (e) SUPERIORITY - Fed. R. Civ. P. 23(b)(3): (1) A class action is superior to other available methods for the fair and efficient adjudication of this litigation since joinder of all members of the class is impracticable. (2) The number would prove unduly burdensome and inefficient for the Court and parties. (3) Because a common set of facts, grievances and remedies predominate over individual issues, individual litigation increases expenses to all parties, and better management of consistent adjudication and relief by a single court is in the
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interest of all parties. (4) Conduct of this action as a class action will protect the rights of all class members and promote judicial efficiency and consistency. Notice can be provided to class members by United States mail. 114. On information and belief after reasonable, diligent inquiry by the Plaintiffs, Defendant DAVID PAULSON, M.D., Medical Director of the Minnesota Department of Corrections, is superior to Defendant NANETTE LARSON, Minnesota Department of Corrections Director of Health Services.
E. EXHAUSTION OF ADMINISTRATIVE REMEDIES 115. Defendant DAVID PAULSON has (a) actual notice of Plaintiff LIGONS’
and MICHAELSON’s requests for the one Sovaldi oral pill per day, twelve week regimen that the FBOP has adopted as its hepatitis C treatment protocol, (b) actual notice of the availability of discounted Sovaldi pills, (c) actual notice of the availability of Harvoni and Viekira Pak as alternative medicines to Sovaldi in the one oral pill per day, twelve week regimen that eliminates toxic Interferon therapy, (d) has continued to condition hepatitis C treatment on completion of chemical dependency first, (e) has actual notice that completion or failure of chemical dependency treatment in the Minnesota Department of Corrections system is a decision not made by the patient-specific professional judgment of a medical doctor, but rather an administrative decision by a non-medical professional, and (f) has rejected Plaintiffs LIGONS’ and MICHAELSON’s requests, without chemical dependency treatment completion precondition, for the one Sovaldi oral pill per day, twelve week regimen that the FBOP has adopted as its hepatitis C treatment
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protocol.

116. At times relevant to this lawsuit, including calendar years 2014 and 2015,

Defendant David Paulson, M.D. served as the Medical Director of the Minnesota

Department of Human Services’ Minnesota Sex Offender Program (MSOP). See

https://edocs.dhs.state.mn.us/lfserver/Public/DHS-6359-ENG,

Overview

Organization Chart, 2015, Minnesota Department of Human Services (listing

Minnesota Sex Offender Program, Medical Director, David Paulson, M.D.,

651.431.5872.

117. The Minnesota Department of Human Services established a closed

formulary, known as the “Program HH Medication Program (ADAP) Formulary”

for individuals whom the Department of Human Services serves who are suffering

from HIV, and, amongst others, suffer from the comorbidity of hepatitis C virus

(HCV). As of 1 December 2014, the formulary included Ledipasvir/Sofosbuvir

(Harvoni), Sofosbuvir (Sovaldi), and Simeprevir (Olysio) for individuals suffering

from HIV and hepatitis C, use of which the Department of Human Services may

authorize for prior-authorized “on-label” usage by contacting the Minnesota Health

Care Program by phone. At all times in which the formulary has existed, an

individual may request the addition of a new medication to the formulary with the

signed request of a patient’s pharmacist or medical doctor. See

http://mn.gov/dhs/people-we-serve/adults/health-care/hiv-aids/programs-services/drug-

formulary.jsp#.

118. At all times relevant to this lawsuit, the state of Minnesota has had access to,

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and the ability to authorize medications within the one pill per day, twelve week protocol cure for hepatitis C, specifically, Sovaldi, Harvoni, and Olysio. 119. At all times relevant to this lawsuit, Defendant Paulson, as Medical Director for the for the Minnesota Sex Offender Program of the Minnesota Department of Human Services, has had the authority to authorize the use of Sovaldi, Harvoni, or Olysio by Minnesota Sex Offender Program patients suffering from hepatitis C. 120. As Medical Director of the Minnesota Department of Corrections, Defendant Paulson, at times relevant to this lawsuit, has had actual knowledge of the serious medical needs of Plaintiffs LIGONS and MICHAELSON as hepatitis C sufferers. 121. As Medical Director of the Minnesota Department of Corrections, Defendant Paulson, at times relevant to this lawsuit, has had actual knowledge of the requests of Plaintiffs LIGONS and MICHAELSON for the life-saving, 1 pill per day, twelve week protocol cure of Sovaldi or the alternative Harvoni. 122. As Health Services Director of the Minnesota Department of Corrections, Defendant Larson, at times relevant to this lawsuit, has had actual knowledge of the requests of Plaintiffs LIGONS and MICHAELSON for the life-saving, 1 pill per day, twelve week protocol of Sovaldi or the alternative Harvoni. 123. At times relevant to this lawsuit, Defendant Centene (through its agents, employees, representatives, or medical staff), has had actual knowledge of the serious medical needs of Plaintiffs LIGONS and MICHAELSON as hepatitis C sufferers, and the respective requests of Plaintiffs LIGONS and MICHAELSON
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for the life-saving, 1 pill per day, twelve week protocol cure of Sovaldi or the alternative Harvoni. 124. At times relevant to this lawsuit, Defendants Larson, Paulson, and Centene (through its agents, employees, representatives, or medical staff), jointly and severally, have denied to Plaintiffs LIGONS and MICHAELSON, with deliberate indifference to their serious medical needs as hepatitis C sufferers, their requests for the life-saving one pill per day, twelve week protocol cure of Sovaldi or the alternative Harvoni. 125. Plaintiffs have exhausted their administrative remedies. 126. The foregoing averments and assertions of Plaintiffs constitute averments that Plaintiffs face imminent danger of serious and continuing physical, medical injury.
CLAIMS CLAIM I: TITLE II OF THE ADA AGAINST MINNESOTA DEPARTMENT OF CORRECTIONS 127. Plaintiffs LIGONS, MICHAELSON, and all similarly situated plaintiffs, reallege and reassert each and every claim and averment above and incorporate them herein. 128. Defendant MINNESOTA DEPARTMENT OF CORRECTIONS, by and through Defendants ROY, PAULSON, LARSON, QUIRAM, HANSON, and DOES A – J in their respective official capacities, discriminated against Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs, and caused them to be excluded from participation in programs and denied access to services in the
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Minnesota Department of Corrections systems, specifically and without limitation MCF Stillwater and MCF Faribault, because of their disabilities – hepatitis C – in violation of Title II of the Americans with Disabilities Act as Amended.
CLAIM II: § 504 OF THE REHABILITATION ACT OF 1973 AGAINST MINNESOTA DEPARTMENT OF CORRECTIONS 129. Plaintiffs LIGONS, MICHAELSON, and all similarly situated plaintiffs, reallege and reassert each and every claim and averment above and incorporate them herein. 130. Defendant MINNESOTA DEPARTMENT OF CORRECTIONS, a federally funded entity, by and through Defendants ROY, PAULSON, LARSON, QUIRAM, HANSON, and DOES A – J, in their respective official capacities, discriminated against Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs, and caused them to be excluded from participation in programs and denied access to services in the Minnesota Department of Corrections systems, specifically and without limitation MCF Stillwater and MCF Faribault, due to their disabilities – hepatitis C – in violation of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 – 794a.
CLAIM III: § 504 OF THE REHABILITATION ACT OF 1973 AGAINST CENTENE CORPORATION, D/B/A/ CENTURION MANAGED CARE 131. Plaintiffs LIGONS, MICHAELSON, and all similarly situated plaintiffs,
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reallege and reassert each and every claim and averment above and incorporate them herein. 132. Defendant CENTENE CORPORATION, a federally funded entity, by and through Defendants QUIRAM, HANSON, and DOES A – J in their respective individual and official capacities in the course of their activities as agents or representatives of CENTENE CORPORATION, discriminated against Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs, and caused them to be excluded from participation in programs and denied access to services in the Minnesota Department of Corrections systems, specifically and without limitation MCF Stillwater and MCF Faribault, due to their disabilities – hepatitis C – in violation of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 – 794a.
CLAIM IV: DEPRIVATION OF U.S. CONST. AMEND. VIII AND XIV RIGHT TO BE FREE FROM INFLICTION OF CRUEL AND UNUSUAL PUNISHMENT, FOR WHICH 42 U.S.C. § 1983 PROVIDES REMEDIES. 133. Plaintiffs LIGONS, MICHAELSON, and all similarly situated plaintiffs, reallege and reassert each and every claim and averment above and incorporate them herein. 134. Defendants THOMAS ROY, COMMISSIONER OF CORRECTIONS, DAVID PAULSON, M.D., Medical Director of the Minnesota Department of Corrections, NANETTE LARSON, Health Services Director of the Minnesota Department of Corrections, D. QUIRAM, M.D., R. HANSON, M.D., AND
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DOES A – J, in their respective official capacities, jointly and severally, have enforced the Minnesota Department of Corrections policy that (a) conditions treatment of hepatitis C on completion of chemical dependency treatment, and (b) contravenes the clearly established hepatitis-C medical treatment community standard of care, with reference to Erickson v. Pardus, 551 U.S. 89, 90, 127 S. Ct. 2197 (2007), which constitutes a deliberate indifference to the serious medical needs of Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs suffering from hepatitis C, thereby establishing a violation of U.S. Const. amend. VIII and XIV, for which 42 U.S.C. § 1983 provides declaratory, equitable, mandamus, and legal remedies.
CLAIM V: DEPRIVATION OF U.S. CONST. AMEND. VIII AND XIV RIGHT TO BE FREE FROM INFLICTION OF CRUEL AND UNUSUAL PUNISHMENT, FOR WHICH 42 U.S.C. § 1983 PROVIDES REMEDIES. 135. Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs reallege and reassert each and every claim and averment above. 136. Defendants TOM ROY, MINNESOTA COMMISSIONER OF CORRECTIONS, DAVID PAULSON, MD., MINNESOTA DEPARTMENT OF CORRECTIONS MEDICAL DIRECTOR, NANETTE LARSON, Director of Health Services, Minnesota Department of Corrections, jointly and severally in their respective official capacities, have enforced a HCV treatment program based on toxic Interferon injections lasting some forty-eight (48) weeks, offered only at
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the Minnesota Correctional Facility at Rush City (MCF Rush City), and with serious side effects, for non-medical reasons. 137. Defendants ROY, PAULSON, LARSON, other MN DOC agents, employees, or representatives and CENTENE CORPORATION through Centurion managed care staff, jointly and severally, have continued this policy for non-medical reasons, which constitutes deliberate indifference to the serious medical needs of the Plaintiffs, while intentionally and deliberately refusing to treat HCV patients with the simple twelve-week one-pill-a-day safer and more effective prevailing professional community standard of medical care that can be offered at any of the nine MN DOC facilities, in violation of Plaintiff’s rights under U.S. Const. amend. VIII and XIV to be free from cruel and unusual punishment, for which 42 U.S.C. § 1983 provides declaratory, equitable, and legal remedies.
CLAIM VI: DEPRIVATION OF MINN. CONST. ART. I, §§ 2, 5, AND 7 RIGHT TO BE FREE FROM INFLICTION OF CRUEL AND UNUSUAL PUNISHMENT, FOR WHICH MINN. CONST. ART. I, § 8 PROVIDES LEGAL REMEDIES. 138. The foregoing averments and assertions of Plaintiffs constitute averments that Plaintiffs face imminent danger of serious and continuing physical, medical injury. 139. Plaintiffs LIGONS, MICHAELSON, and all similarly situated plaintiffs, reallege and reassert each and every claim and averment above and incorporate them herein. 140. Defendants THOMAS ROY, COMMISSIONER OF CORRECTIONS,
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DAVID PAULSON, M.D., Medical Director of the Minnesota Department of Corrections, NANETTE LARSON, Health Services Director of the Minnesota Department of Corrections, D. QUIRAM, M.D., R. HANSON, M.D., AND DOES A – J, in their respective official capacities, jointly and severally, have enforced the Minnesota Department of Corrections policy that (a) conditions treatment of hepatitis C on completion of chemical dependency treatment, and (b) contravenes the clearly established hepatitis-C medical treatment community standard of care for inmates suffering from hepatitis that the AALSD/ASID, CDC, VA and FBOP established as of June 2014, which constitutes a deliberate indifference to the serious medical needs of Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs suffering from hepatitis C, thereby establishing a violation of Minn. Const. Art. I, §§ 2, 5, and 7, for which Minn. Const. Art. I, § 8 provides declaratory, equitable, mandamus, and legal remedies. 141. The foregoing averments and assertions of Plaintiffs constitute averments that Plaintiffs face imminent danger of serious and continuing physical, medical injury.
CLAIM VII: DEPRIVATION OF MINN. CONST. ART. I, §§ 2, 5, AND 7 RIGHT TO BE FREE FROM INFLICTION OF CRUEL AND UNUSUAL PUNISHMENT, FOR WHICH MINN. CONST. ART. I, § 8 PROVIDES LEGAL REMEDIES. 142. Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs reallege and reassert each and every claim and averment above. 143. Defendants TOM ROY, MINNESOTA COMMISSIONER OF
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CORRECTIONS, DAVID PAULSON, MD., MINNESOTA DEPARTMENT OF CORRECTIONS MEDICAL DIRECTOR, NANETTE LARSON, Director of Health Services, Minnesota Department of Corrections, jointly and severally in their respective official capacities, have enforced a HCV treatment program based on toxic Interferon injections lasting some forty-eight (48) weeks, offered only at the Minnesota Correctional Facility at Rush City (MCF Rush City), and with serious side effects, for non-medical reasons. 144. Defendants ROY, PAULSON, LARSON, other MN DOC agents, employees, or representatives and CENTENE CORPORATION through Centurion managed care staff, jointly and severally, have continued this policy for non-medical reasons, which constitutes deliberate indifference to the serious medical needs of the Plaintiffs, while consciously, willfully, and deliberately refusing to treat HCV patients with the simple twelve-week one-pill-a-day safer and more effective prevailing professional community standard of medical care that can be offered at any of the nine MN DOC facilities, in violation of Plaintiff’s rights under Minn. Const. Art. I, §§ 2, 5, and 7 to be free from cruel and unusual punishment, for which Minn. Const. Art. I, § 8 provides declaratory, equitable, and legal remedies. 145. The foregoing averments and assertions of Plaintiffs constitute averments that Plaintiffs face imminent danger of serious and continuing physical, medical injury.
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CLAIM VIII: DEPRIVATION of the Clearly Established U.S. Const. amend. VIII and XIV Right to Be Free from Cruel and Unusual Punishment By Private SubContractors Under Farmer v. Brennan, 511 U.S. 825 (1994), Erickson v. Pardus, 551 U.S. 89 (2007), & Kahle v. Leonard, 477 F.3d 544 (8th Cir 2007) 146. Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs reallege and reassert each and every claim and averment above.
147. Defendant Centurion Managed Care, division of Defendant CENTENE, as a matter of non-medical corporate policy or custom, has enforced the outdated "Interferon" 48-week HCV treatment-only policy, thereby enforcing the deliberate indifference and cruel and unusual punishment arising from failure to prescribe upto-date, safer and more effective treatment for HCV, in violation of Plaintiffs’ clearly established right to be free from cruel and unusual punishment under U.S. Const. amend. VIII and XIV.
148. Medical staff employed by the private sub-contractors to MN DOC, Defendants Quiram and Hanson, John and Jane Doe, are aware of the safer and more effective standards of care for HCV and denial of treatment with the 12-week one-pill-per-day treatment program for non-medical reasons.
149. Failure to prescribe the safer, more effective 12-week oral treatment protocol adopted by the BOP is knowing and intentional, which further constitutes deliberate indifference to Mr. LIGONS' and Mr. MICHAELSON’S serious medical needs, thereby violating their right to be free from cruel and unusual
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punishment as proscribed by U.S. Const. amend. VIII and XIV, for which 42 U.S.C. § 1983 provides declaratory, equitable, and legal remedies.
150. These allegations constitute averments of imminent danger of serious and continuing physical, medical injury.
CLAIM IX: DEPRIVATION OF EIGHTH AMENDMENT RIGHT TO BE FREE FROM CRUEL AND UNUSUAL PUNISHMENT (Against Defendants Paulson, Larson, Quiram, Hanson, and Centene in Their Joint and Several Respective Individual Capacities). 151. Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs reallege and reassert each and every claim and averment above. 152. Defendants PAULSON, LARSON, QUIRAM, HANSON, AND CENTENE, through its division of CENTURION MANAGED CARE, jointly and severally, through their decisions to deny Plaintiffs LIGONS and MICHAELSON the twelve-week, one pill per day regimen that is the hepatitis-C medical treatment community standard of care, demonstrate deliberate indifference to the serious medical needs of Plaintiffs LIGONS and MICHAELSON, and thereby violate their right to be free from cruel and unusual punishment under U.S. Const. amend. VIII and XIV, for which 42 U.S.C. § 1983 provides declaratory, equitable, and legal remedies. 153. Defendants PAULSON, LARSON, QUIRAM, HANSON, AND CENTENE, through its division of CENTURION MANAGED CARE, jointly and severally, through their decisions to deny Plaintiffs the twelve-week, one pill
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per day regimen that is the hepatitis-C medical treatment community standard of care, demonstrate deliberate indifference to the serious medical needs of Plaintiffs and thereby violate their right to be free from cruel and unusual punishment under U.S. Const. amend. VIII and XIV, for which 42 U.S.C. § 1983 provides declaratory, equitable, and legal remedies. 154. These allegations constitute averments of imminent danger of serious physical, medical injury.
CLAIM X: DEPRIVATION OF EIGHTH AMENDMENT RIGHT TO BE FREE FROM CRUEL AND UNUSUAL PUNISHMENT 155. Plaintiffs LIGONS, MICHAELSON, et al, reallege and reincorporate each and every claim and averment above and incorporate them below. 156. Plaintiffs Roe, Miles, and Stiles assert the same foregoing causes of action from the perspective of inmates who were HCV free when entering MN DOC incarceration, or who have been cured of HCV, and who spend each day facing “imminent danger of serious physical injury” from being exposed to the debilitating and potentially fatal virus, HCV, from other inmates that Defendants could eradicate in three (3) months and decline to do so, for non-medical reasons. 157. All new HCV infections in MN DOC facilities since January 1, 2014 are the direct and proximate consequence of the danger knowingly and intentionally created by Defendants’ refusal to adopt the FBOP, CDC and U.S. Public Health Service protocols (required by MN DOC Policies §§151.170-171 et seq.).
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158. The joint and several actions of the Defendants in their official and individual capacities demonstrate deliberate indifference to the serious medical needs of Plaintiffs Roe, Miles, and Stiles to be free from infections by the blood borne pathogen of HCV, and thus violates Plaintiffs’ rights under U.S. Const. amend. VIII and XIV to be free from cruel and unusual punishment, for which 42 U.S.C. § 1983 provides declaratory, equitable, and legal remedies.
159. These allegations constitute averments of imminent danger of serious physical, medical injury. CLAIM XI: DENIAL OF EQUAL PROTECTION OF THE LAW UNDER
U.S. CONST. AMEND. V AND XIV, THROUGH 42 U.S.C. § 1983 160. Plaintiffs LIGONS, MICHAELSON, et al, reallege and reincorporate each
and every claim and averment above and incorporate them below. 161. Both HCV and HIV/AIDS are blood-borne viral diseases. 162. Both diseases are transmitted by personal contact between individuals 163. Preventive vaccines for HIV/AIDS and HCV do not exist at this time. 164. The HIV/AIDS and HCV viruses can be suppressed to reduce or prevent
transmission of the viruses, but only HCV can be cured in 12-weeks of oral medication. 165. MN DOC screens for and treats HIV/AIDS in a manner that differs significantly from HCV, without medical justification or rational basis for doing so. 166. MN DOC withholds treatment for HCV in a manner that differs significantly
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from the treatment it provides for HIV/AIDS without medical justification, or a rational basis for doing so since the 12-week standard-of-care has been adopted. 167. MN DOC protocols require that HCV infections progress to the point of causing cirrhosis or scarring of the liver, which cannot be reversed. 168. This HCV policy is akin to a policy that permits HIV infection to become full-blown AIDS, or to manifest life-threatening conditions including pneumonia or Kaposi’s Sarcoma, before approving anti-retroviral drug treatments, 169. MN DOC treats inmates for HIV infection upon a positive test for HIV, and does not wait for acute conditions or life-threatening illnesses manifest by fullblown AIDS. 170. The MN DOC policy of differential treatment for HCV, in comparison to HIV infection, lacks rational basis under prevailing science and medicine, and clearly established law. 171. The MN DOC policy of refusal to treat HCV infection of inmates until manifesting in liver fibrosis, liver scarring, cirrhosis of the liver, or liver cancer lacks rational basis in violation of Plaintiffs’ rights to equal protection of the laws under U.S. Const. amend. V and XIV, for which 42 U.S.C. § 1983 provides declaratory, equitable, and legal remedies. 172. These allegations constitute averments of imminent danger of serious physical, medical injury.
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CLAIM XII: DENIAL OF EQUAL PROTECTION OF THE LAW UNDER U.S. CONST. AMEND. V AND XIV, THROUGH 42 U.S.C. § 1983
173. Plaintiffs LIGONS, MICHAELSON, et al, reallege and reincorporate each and every claim and averment above and incorporate them below.
174. MN DOC protocols require that HCV infections progress to the point of causing cirrhosis or scarring of the liver when the FDA-designated HCV “breakthrough” drugs are equally effective for patients at all levels of viral infections.
175. AASLD/ASID, CDC, VA, U.S. Public Health Service and the FBOP June 2014 protocol do not differentiate between HCV patients with respect to viral load, or those who have tested positive for HCV without fibrosis, cirrhosis, or liver cancer, or those who have fibrosis, cirrhosis, or liver cancer.
176. The MN DOC policy of differential treatment for HCV patients, waiting to treat HCV sufferers when they reach a set viral load, or manifest liver fibrosis, liver scarring, cirrhosis of the liver, or liver cancer, lacks rational basis under prevailing science and medicine, and clearly established law.
177. The MN DOC policy of refusal to treat HCV infection of inmates until manifesting in liver fibrosis, liver scarring, cirrhosis of the liver, or liver cancer lacks rational basis in violation of Plaintiffs’ rights to equal protection of the laws under U.S. Const. amend. V and XIV, for which 42 U.S.C. § 1983 provides declaratory, equitable, and legal remedies.
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178. These allegations constitute averments of imminent danger of serious physical, medical injury. CLAIM XIII DENIAL OF EQUAL PROTECTION OF THE LAW AND CRUEL AND UNUSUAL PUNISHMENT IN DELIBERATE INDIFFERENCE TO THE SERIOUS MEDICAL NEEDS OF PLAINTIFFS, IN VIOLATION OF U.S. CONST. AMEND V, VIII, AND XIV, PROTECTED THROUGH 42 U.S.C. § 1983.
179. Plaintiffs LIGONS, MICHAELSON, et al, reallege and reincorporate each and every claim and averment above and incorporate them below.
180. MN DOC protocols require that HCV infections progress to the point of causing cirrhosis or scarring of the liver when the FDA-designated HCV “breakthrough” drugs are equally effective for patients at all levels of viral infections.
181. AASLD/ASID, CDC, VA, U.S. Public Health Service and the FBOP June 2014 protocol do not differentiate between HCV patients with respect to viral load, or those who have tested positive for HCV without fibrosis, cirrhosis, or liver cancer, or those who have fibrosis, cirrhosis, or liver cancer.
182. The State of Minnesota Department of Human Services (MDHS) authorizes use of the one pill per day, twelve week protocol cure of Sovaldi or Harvoni to MDHS patients and clients who suffer the comorbidities of HIV and HCV, without requiring as a precondition chemical dependency treatment, a set viral load, or manifest liver fibrosis, liver scarring, cirrhosis of the liver, or liver cancer.
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183. The MN DOC policy of differential treatment for HCV patients, waiting to treat HCV sufferers when they reach a set viral load, or manifest liver fibrosis, liver scarring, cirrhosis of the liver, or liver cancer, lacks rational basis under prevailing science and medicine, and manifests deliberate indifference to the serious medical needs of Plaintiffs LIGONS and MICHAELSON, and all other similarly situated plaintiffs suffering from HCV, in defiance of clearly established law.
184. The MN DOC policy of refusal to treat HCV infection of inmates until manifesting in liver fibrosis, liver scarring, cirrhosis of the liver, or liver cancer lacks rational basis in violation of Plaintiffs’ rights to equal protection of the laws under U.S. Const. amend. V and XIV, and right to freedom from cruel and unusual punishment under U.S. Const. amend. VIII and XIV, for which 42 U.S.C. § 1983 provides declaratory, equitable, and legal remedies.
185. These allegations constitute averments of imminent danger of serious physical, medical injury. CLAIM XIV TITLE II OF THE ADA AS AMENDEND AGAINST MINNESOTA DEPARTMENT OF CORRECTIONS
186. Plaintiffs reallege and reassert each and every claim and averment above. 187. The MINNESOTA DEPARTMENT OF CORRECTIONS, by and
through Defendants ROY, PAULSON, LARSON, QUIRAM, HANSON, DOES A – J in their respective official capacities, and through the actions of the agents, employees, representatives, or medical staff of CENTENE
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CORPORATION, discriminated against Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs, and caused them to be excluded from participation in programs and denied access to services in the Minnesota Department of Corrections systems, specifically and without limitation MCF Stillwater and MCF Faribault, because of their disabilities – hepatitis C – in violation of Title II of the Americans with Disabilities Act as Amended, more especially in view of the availability of the life-saving one pill per day twelve week protocol cure of Sovaldi or Harvoni to patients or benefit recipients of the Minnesota Department of Human Services. 188. These allegations constitute averments of imminent danger of serious physical, medical injury. 189.
CLAIM XV § 504 OF THE REHABILITATION ACT OF 1973 AGAINST MINNESOTA DEPARTMENT OF CORRECTIONS AND CENTENE CORPORATION, JOINTLY AND SEVERALLY 190. Plaintiffs reallege and reassert each and every claim and averment above. 191. The MINNESOTA DEPARTMENT OF CORRECTIONS, by and through Defendants ROY, PAULSON, LARSON, QUIRAM, HANSON, DOES A – J in their respective official capacities, and Defendant CENTENE CORPORATION, through the actions of its agents, employees, representatives, or medical staff, jointly and severally, discriminated against Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs, and caused them to be
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excluded from participation in federally subsidized programs and denied access to services in the Minnesota Department of Corrections systems, specifically and without limitation MCF Stillwater and MCF Faribault, because of their disabilities – hepatitis C – in violation of § 504 of the Rehabilitation Act of 1973, more especially in view of the availability of the life-saving one pill per day twelve week protocol cure of Sovaldi or Harvoni to patients or benefit recipients of the Minnesota Department of Human Services. RELIEF DEMANDED WHEREFORE Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs pray for the following relief: 1. Judgment against the Defendants, jointly and severally; 2. Certification of the classes and subclasses of Plaintiffs named above; 3. For the named Plaintiffs and members of the Plaintiff classes and subclasses, Declaratory Judgment that the Defendant MINNESOTA DEPARTMENT OF CORRECTIONS hepatitis C policy violates Title II of the Americans with Disabilities Act as Amended, § 504 of the Rehabilitation Act of 1973, U.S. Const. amend. VIII and XIV through 42 U.S.C. § 1983, and Minn. Const. Art. I, §§ 2, 5, and 7, through Minn. Const. Art. I, § 8; 4. For the named Plaintiffs and members of the Plaintiff classes and subclasses, a. Permanent injunction against the perpetuation of the MN DOC forty-eight week
hepatitis C treatment protocol using toxic Interferon injections; b. Permanent injunction against the perpetuation of the MN DOC hepatitis C
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treatment protocol that conditions hepatitis C treatment on prior completion of chemical dependency treatment; c. Permanent injunction against the perpetuation of the MN DOC hepatitis C treatment protocol that withholds anti-viral medication treatment for inmates until the inmate presents evidence of liver fibrosis, liver scarring, cirrhosis of the liver, or liver cancer; d. Permanent injunction against the perpetuation of the MN DOC hepatitis C treatment protocol that does not administer anti-viral hepatitis C medication to inmates with twelve or more weeks in MN DOC custody immediately upon a positive test for HCV; and e. Permanent injunction against any MN DOC policy that does not test inmates upon intake for HCV, as MN DOC does for HIV/AIDS; 5. For Plaintiffs LIGONS and MICHAELSON, equitable relief to order the immediate commencement of the one pill per day, twelve week hepatitis C treatment that uses the medication Sovaldi in accordance with the Federal Bureau of Prisons June 2014 hepatitis C treatment protocol – or with other one pill per day medications that the Federal Bureau of Prisons, the FDA, the CDC and the Surgeon General of the United States Public Health Service have approved for treatment of hepatitis C since June 2014, WITHOUT first requiring plaintiffs to undergo chemical dependency treatment; 6. For Plaintiffs ROE, MILES, AND STILES, (a) identification of all MN DOC inmates with twelve or more weeks remaining in their sentences who where denied
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hepatitis C treatment since December 2013 with the one pill per day, twelve week protocol which the Federal Bureau of Prisons approved in June 2014, (b) identification of all MN DOC inmates with twelve or more weeks remaining in their sentences who where denied hepatitis C treatment since December 2013 for noncompletion of chemical dependency treatment, (c) provision of the one pill per day, twelve week hepatitis C treatment protocol which the Federal Bureau of Prisons approved in June 2014 to all inmates with twelve or more weeks left in their sentences who test positive for hepatitis C, (d) screening of all current MN DOC inmates for hepatitis C immediately, (e) immediate screening of all newly admitted MN DOC inmates for hepatitis C, consistent with the screening protocols for HIV/AIDS virus; 7. For Plaintiffs LIGONS and MICHAELSON, an award of appropriate compensatory damages against Defendants, jointly and severally, for all claims for which compensatory damages are available, in an amount to be determined by jury; 8. For Plaintiffs LIGONS and MICHAELSON, an award of punitive damages against the Defendants sued in their respective individual capacities, and CENTENE CORPORATION for claims arising under U.S. Const. amend. VIII and XIV, in an amount to be determined at trial by jury; 9. Prejudgment interest; 10. Postverdict interest; 11. Costs and disbursements; 12. Reasonable attorney fees in accordance with 42 U.S.C. § 1988; and
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13. Such other relief as the court deems just and equitable. ·

PLAINT'IFFS DJ.::MAND J URY TRIAL ON ALL CLAIMS TRIABLE T'O THEJURY.
Date: I /1Af 2&5' Respecdl.1lly submitted:

PETERJ. NICKITAS LAW OFFICE, L.L.C.

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PeterJ. ·kitas, MN Att'y #2 12313
Attorney for t11e Plaintiffs
4:11 S. 7'" St., Suite 2446 P.O. Box 15221 Minneapolis, MN 55415-0221 612.11.0.7285 (o)/651.238.3445 (m)/1.888.389.7890 (f)
peterjnickitaslawllc@gmail.com

AS AMICUS CURIAE:

IN'T'EHNATIONAL HUMANITAIUAN LAW INSTP'UTJ.::

Date:! /1_fl1.2(1/.5 __________
PeterJ. Nie ·:,_ s, MN Att'y #212313
Litigation Director, Int'l Humanit-1.rian L1.w Institute C. Peter Erlinder, Prof. (Ret.), Founding Director 325 Cedar St., Suite 308
St. Paul, MN 55101 651.310.1271/FAX 651.310.0357/ proferlinder@gmail.com
IL Att'y #3124291/ 8"' Cir. Adm'n: 11/06/ 1984 Pro hono post-conviction counsel for Ronaldo Ligons,
State v. Ligons, 9200218, A06-2371, and A07-09.57; and Ligons "· King, 11-1630 (8d' Cir. 2011)

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 CASE 0:15-cv-02210-PJS-BRT Document 11 Filed 06/03/15 Page 1 of 55

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

RONALDO LIGONS,

File No. 15-CV-2210, PJS/BT

BARRY MICHAELSON,

JOHN ROE, and JANE ROE,

JOHN MILES AND JANE MILES,

JOHN STILES AND JANE STILES,

individually, and on behalf of those similarly situated,

Plaintiffs, v.

FIRST AMENDED

MINNESOTA DEPARTMENT OF CORRECTIONS, COMPLAINT

THOMAS ROY, Minnesota Commissioner of Corrections, in his official capacity,

JURY DEMANDED for all claims triable to the jury;

DR. DAVID A. PAULSON, M.D., in his individual and his official capacities for actions under color of law as Medical Director, Minnesota Department of Corrections,

EQUITABLE RELIEF AND DECLARATORY RELIEF DEMANDED

NANETTE LARSON, in her individual and her official capacities for actions under color of law as Health Services Director, Minnesota Department of Corrections,
Dr. D. QUIRAM, M.D., in his individual and his official capacities for actions under color of law as Plaintiffs’ treating physician at Minnesota Correctional Facility, Stillwater,

FOR CLASS CLAIMS AND INDIVIDUAL CLAIMS AMENABLE TO DECLARATORY AND EQUITABLE

Dr. R. HANSON, M.D., in his individual and his official capacities for actions under color of law as Plaintiffs’ treating physician at Minnesota Correctional Facility, Stillwater,

RELIEF

JOHN and JANE DOES A - J, in their respective individual and official capacities for actions under color of law as staff of Minnesota Correctional Facilities, Stillwater and Faribault,

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and CENTURION OF MINNESOTA, L.L.C.,
Defendants, INTRODUCTION
Plaintiffs are inmates of the Minnesota Department of Corrections. The plaintiff class representatives, RONALDO LIGONS and BARRY MICHAELSON, suffer from the serious medical need, disability, and life-threatening viral disease known as hepatitis-C (HCV for “hepatitis-C virus”). Prior to late 2013, HCV treatment consisted of Interferon injections which lasted nearly a year with low levels of success and serious side effects. In December 2013, FDA-designated HCV "breakthrough" drugs were approved to cure HCV at a 95% rate, with one-pill-per-day for 12 weeks irrespective of the stage of the infection. In January 2014, the American Association for the Study of Liver Disease and Association for the Study of Infectious Disease (AALSD/ASID) adopted the “breakthrough” drug 12week daily-pill therapy protocol, with the 95% cure rate, as the hepatitis-C treatment community standard-of-care, thus replacing the highly toxic and less effective 48-week Interferon-based injection therapy in very short order.
For non-medical reasons, Defendants refuse to provide the "breakthrough" drug treatment based on the medical needs of the Plaintiffs, viz. the hepatitis-C treatment community standard-of-care, which will cure Plaintiffs’ HCV infection in three months from its inception.
Since June 2014, the Federal Bureau of Prisons, the Center for Disease Control, the
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United States Public Health Service, the Food and Drug Administration, and the United States Department of Veterans Affairs have all recognized the changed standard-of- care within the hepatitis-C medical treatment community for HCV patients in their approval and implementation of one-pill-per-day, 12-week protocols for the treatment of HCV patients, as the up-to-date standard of care in the hepatitis-C treatment community.
By December 2014, FDA approval of Harvoni and Viekera-Pak, two additional "breakthrough" drugs, eliminated toxic Interferon entirely in 12-week oral treatments as the current standard of care post-December 2014. The dangerous and serious side-effects associated with the 48-week toxic Interferon-injection therapy have rapidly made toxic Interferon medically obsolete among physicians specializing in treating HCV infections.
The plaintiffs, individually and as a class, sue the Defendants in their respective, specified individual and official capacities for their joint and several actions that constitute deliberate indifference to their serious medical needs as Hepatitis C patients, in violation of their clearly established Eighth and Fourteenth Amendment rights under the United States Constitution, for which 42 U.S.C. § 1983 provides declaratory, equitable, and legal remedies. Defendants have refused Plantiffs’ repeated requests to be treated with the upto-date medications that cure all stages of HCV infection, irrespective of viral load, and, with minor variations, irrespective of genotype of HCV, for non-medical reasons of administrative convenience or cost, which are not related to the individual medical needs of Plaintiffs.
The plaintiffs, individually and as a class, sue the Minnesota Department of Corrections, a recipient of federal monies, Commissioner Tom Roy, Centurion of
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Minnesota, L.L.C., a recipient of federal monies, and other named Defendants in their official capacities for acts constituting discrimination because of their disability of Hepatitis C under Title II of the Americans with Disabilities Act as Amended and § 504 of the Rehabilitation Act of 1973.
The plaintiff class representatives have exhausted their administrative remedies under governing national and state laws.
The plaintiffs demand jury trial for all claims triable to the jury. JURISDICTION AND VENUE
1. Plaintiffs set forth claims under U.S. Const. amend. VIII and XIV, 42 U.S.C. § 12131 et seq., and 29 U.S.C. § 791 et seq.
2. 28 U.S.C. §§ 1331 (federal question) and 1343(a)(4) (federal civil rights question) confer subject matter jurisdiction on this court.
3. Plaintiffs state claims that arise under Minnesota law. 4. 28 U.S.C. § 1367 confers supplemental jurisdiction for all claims that arise under
Minnesota law. 5. The substantial number of events in this lawsuit took place in Washington and
Ramsey Counties, state of Minnesota. 6. Plaintiffs lay venue in this court per 28 U.S.C. § 1391. PLAINTIFFS 7. Plaintiff RONALDO LIGONS (LIGONS) has been an inmate of MN DOC and
its correctional facilities since 1992. 8. In 1998, Ligons was informed by Defendant MN DOC agents, employees, or
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representatives that he was HCV-positive. 9. The source of was the unsanitary living conditions with the Minnesota Department
of Corrections and medical treatment provided therein for his insulin dependent diabetes and other blood exposures. 10. The 48-week, toxic Interferon injection treatment MN DOC provided to Mr. Ligons failed in 2006. 11. Mr. Ligons is to be released from MN DOC custody in more than three months, viz., more than twelve weeks from the date of suit. 12. Mr. Ligons was an inmate of the Minnesota Correctional Facility at Stillwater (MCF Stillwater) until February 2015. 13. Mr. Ligons is a current inmate at the Minnesota Correctional Facility at Faribault (MCF Faribault). 14. As the direct result of the policy and practice of MN DOC and CENTURION OF MINNESOTA, L.L.C., and individual Defendants’ conduct, Mr. LIGONS has been denied the current standard-of-care one-pill per day, twelve week HCV treatment that cures HCV at a 95% rate, in deliberate indifference to his serious medical needs as a Hepatitis C sufferer, and because of his disability as a hepatitis C sufferer. 15. Mr. Ligons has been denied HCV curative medication because of non-medical MNDOC policies designed to ration medication to a limited number of inmates, for administrative convenience or money, without regard to Mr. Ligons individual medical needs and disabling case of HCV.
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16. Plaintiff BARRY MICHAELSON (Michaelson) is an inmate of the MN DOC at MCF Stillwater.
17. Defendant MN DOC agents, representatives, or employees informed Mr. Michaelson that he was HCV-negative in October 2009, when he entered MN DOC custody.
18. Mr. Michaelson tested HCV positive in 2010, only after being double-bunked with a bleeding, HCV-positive cellmate and his exposure to other sources of HCV in MN DOC facilities.
19. Mr. Michaelson is to be released in more than three (3) months, viz., more than twelve weeks, from the date of suit.
20. As the direct result of the policy and practice of MN DOC and CENTURION OF MINNESOTA, L.L.C., and individual Defendants’ conduct, Mr. LIGONS and Mr. MICHAELSON have been denied the current standard-of-care one-pill per day, twelve week HCV treatment that cures HCV at a 95% rate, in deliberate indifference to their serious medical needs as Hepatitis C sufferers, and because of their disabilities as hepatitis C sufferers.
21. Mr. Michaelson has been denied HCV curative medication because of nonmedical MNDOC policies designed to ration medication to a limited number of inmates for administrative convenience or money, without regard to Mr. Michaelson’s individual medical needs and disabling case of HCV.
22. In the cases of Mr. Ligons and Mr. Michaelson, HCV is a disability and disease of the digestive and circulatory systems that substantially and materially impairs their
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respective major life activities of (a) self-caring, (b) social interaction with other persons, (c) manual tasks particularly those involving knives, scissors, pins, needles, toothbrushes, eating utensils, or shaving razors, (d) reproduction, and (e) life itself. 23. Each day that MN DOC delays treatment of Mr. Ligons’ and Mr. Michaelson’s cases of HCV, the likelihood of cirrhosis of the liver, liver cancer, a liver transplant, and death from HCV grow for each of them, as well as each member of the Class, as does the likelihood of infection for those with whom they come in contact in MN DOC facilities and, after their respective release, with whom they make contact in the general public. 24. The Plaintiffs' liver, digestive system, and circulatory systems continue to deteriorate, as do those of other members of the named class, the subclass of plaintiffs with known cases of HCV that are not treated, and the subclass of plaintiffs with unknown and untreated cases of HCV. 25. Mr. Ligons and Mr. Michaelson have demanded HCV treatment in accordance with the one-pill a day, twelve week treatment protocol for Sovaldi that the FDA, U.S. Public Health Service, and Center for Disease Control have approved, and which the Federal Bureau of Prisons (FBOP) has approved for administration to HCV-positive federal inmates. 26. The Defendants jointly and severally have denied treatment to plaintiffs Ligons and Michaelson because of the Defendants’ respective polic(y/ies) and acts designed to limit or ration anti-HCV medication for non-medical reasons of administrative convenience or cost, unrelated to the individual medical needs of Plaintiffs, or the
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medical benefits they would derive from being cured of HCV. 27. Plaintiffs Ligons, Michaelson and those similarly situated, are that portion of the
approximately 9,000 inmates at the nine Minnesota Department of Correction (MnDOC or MN DOC) facilities who have tested positive, or will test positive, for HCV (15% would be 1350 inmates). 28. Plaintiffs Ligons and Michaelson have requested the up-to-date 12-week HCV treatment which the FDA has approved since December 2013 and confirmed since December 2014. 29. The Federal Bureau of Prisons (FBOP) adopted the FDA-approved 12-week HCV treatment no later than June 2014. 30. Plaintiffs Ligons and Michaelson reported their respective requests for the FDAapproved 12 week treatment to MN DOC Medical Director David Paulson, M.D., and MN DOC Health Services Director Nanette Larson. 31. Medical Director Dr. Paulson and Health Services Director Larson, jointly and severally, individually and officially, have denied Ligons’ and Michaelson’s respective requests for the FDA-approved 12 week treatment. 32. Plaintiffs Ligons and Michaels have exhausted their respective administrative remedies under governing federal and state law. 33. Plaintiffs JOHN ROE and JANE ROE are the estimated 50-80% of male and female inmates of MN DOC institutions who have not been screened for HCV, as they were for HIV, and do not know their HCV status. 34. Plaintiffs JOHN MILES AND JANE MILES are the respective male and female
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inmates of MN DOC institutions who have tested positive for HCV, and have not received treatment for HCV, in compliance with the professional standard of medical care for HCV-positive individuals that the FDA, FBOP, CDC, U.S. Public Health Service, and U.S. Department of Veterans Affairs approved since December 2013. 35. Plaintiffs JOHN STILES AND JANE STILES are the respective male and female inmates of MN DOC institutions who are HCV-positive, do not know that they are HCV-positive, and have not received treatment for HCV, in compliance with the professional standard of medical care for HCV-positive individuals that the FDA, FBOP, CDC, U.S. Public Health Service, and U.S. Department of Veterans Affairs approved since December 2013. 36. All Plaintiffs are daily exposed to HCV infection, or re-infection while incarcerated, due to the deliberate indifference of Defendants who have not adopted the safer, more effective treatment protocols for HCV treatment adopted by the CDC, U.S. Public Health Service, and Federal BOP to prevent infection and re-infection of inmates. 37. Plaintiffs Ligons and Michaelson reported the FBOP adoption of the FDAapproved 12 week protocol to Dr. Paulson. 38. Dr. Paulson denied Messrs. Ligons’ and Michaelson’s respective requests. 39. Defendants’ knowing refusal to make available the safer and more effective cure for Plaintiffs' HCV infection, and continuing a policy of refusing to make the 12-week treatment and cure available for non-medical reasons of administrative convenience
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and cost, are prolonging the harm HCV is causing to named Plaintiffs' bodies and life expectancies, and those of other MN DOC inmate class member and other MN DOC inmate subclass members, and demonstrate deliberate indifference to the plaintiffs’ respective serious medical needs. DEFENDANTS 40. Defendant MINNESOTA DEPARTMENT OF CORRECTIONS (MN DOC, MnDoc, MnDOC) is an agency of the state of Minnesota. 41. Defendant MN DOC has its principal place of business and headquarters in the city of St. Paul, Ramsey County, state of Minnesota. 42. Defendant MN DOC is a recipient of federal funds. 43. Plaintiffs sue Defendant MN DOC for creation and implementation of policies that (a) have directly inflicted harm and demonstrated deliberate indifference to the disability, disease, and serious medical needs of plaintiffs, in defiance of the Plaintiffs’ clearly established rights under U.S. Const. amend. VIII and XIV through 42 U.S.C. § 1983, (b) discriminated against Plaintiffs on the basis of their disability in defiance of Title II of the Americans with Disabilities Act as Amended at 42 U.S.C. § 12131 et seq., § 504 of the Rehabilitation Act of 1973 at 29 U.S.C. § 791 et seq., and (c) have directly inflicted harm and demonstrated deliberate indifference to the disability, disease, and serious medical needs of plaintiffs, in defiance of the Plaintiffs’ clearly established rights under Minn. Const. Art. I, §§ 2, 5, 7, and 16, for which Minn. Const. Art. I, § 8 provides a remedy.
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44. Defendant THOMAS ROY, an adult individual, (Roy, Commissioner Roy, Commissioner) is the Commissioner of Corrections of the MINNESOTA DEPARTMENT OF CORRECTIONS (MN DOC), whom Minnesota Governor Mark Dayton appointed as Commissioner of Corrections.
45. COMMISSIONER ROY is responsible for policy, administration and supervision of staff within MN DOC during all times relevant to this action.
46. Plaintiffs sue COMMISSIONER ROY in his official capacity. 47. Defendant DAVID A. PAULSON, M.D. is an adult individual and the Medical
Director of MN DOC, with his office in the Central Office of MN DOC. 48. Dr. Paulson is responsible for medical services within the MN DOC system. 49. On information and belief after reasonable inquiry by the plaintiffs, Dr. Paulson is
responsible for the establishment of medical policy that governs the medical treatment of all inmates of MN DOC, including the Plaintiffs. 50. Dr. Paulson has authored The Facts about HCV, published by the Hazelden Foundation in 2002 with a second edition in 2008 in which Dr. Paulson held himself out as an HCV expert and treating physician in the Minnesota Department of Human Services. 51. Plaintiffs sue Defendant David Paulson in his respective individual and official capacities for actions taken under color of law as Medical Director, MN DOC. 52. Defendant NANETTE LARSON is an adult individual and the Director of Health
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Services in the Central Office of MN DOC. 53. Grievances arising from the denial of medical care, and the denial of Plaintiffs’
requested medical care, by MN DOC staff that are appealed to the Central Office are reviewed and ruled upon by NANETTE LARSON in accordance with governing federal law, state law, and applicable MN DOC regulations having the force of law. 54. On information and belief after reasonable inquiry by the plaintiffs, grievances arising from the denial of medical care, and the denial of Plaintiffs’ requested medical care, by MN DOC staff that are appealed to the Central Office are reviewed and ruled upon by NANETTE LARSON, after consultation with Defendant PAULSON. 55. Plaintiffs sue Defendant LARSON in her individual and official capacities for her actions taken under color of law as Director of Health Services, MN DOC. 56. DR. D. QUIRAM, M.D., and DR. R. HANSON, M.D., adult individuals, are treating physicians of Plaintiffs. 57. DR. QUIRAM and DR. HANSON provide medical services to Plaintiffs, pursuant to contract with MN DOC. 58. DR. QUIRAM and DR. HANSON have the obligation to provide independent, individualized, safe, effective medical care to each Plaintiff, consistent with current community standards of professional medical care.
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59. Plaintiffs sue DR. QUIRAM and DR. HANSON in individual and official capacities for action taken under color of law as Plaintiffs’ treating physicians under contract to MN DOC through Defendant CENTURION OF MINNESOTA, L.L.C., for their deliberately indifferent failure to treat Plaintiffs’ disability, disease, and serious medical needs of hepatitis C in compliance with current standards of individualized professional medical care.
60. Defendants JOHN and JANE DOES A – J, adult individuals, are male and female doctors, nurses, case managers, correctional officers, supervisors, and MN DOC employees, agents, or representatives, whose work places are MCF Stillwater or MCF Faribault, charged with responding to requests for medical care for hepatitis C from named Plaintiffs, or responding to requests for medical care for hepatitis C from now-unknown inmates of the MN DOC.
61. Plaintiffs sue DEFENDANTS JOHN AND JANE DOE A – J in their respective individual and official capacities for actions taken under color of law for their deliberately indifferent failure to treat Plaintiffs’ disability, disease, and serious medical needs of hepatitis C in compliance with current standards of individualized professional medical care.
62. Defendant CENTURION OF MINNESOTA, L.L.C. (CENTURION), is a forprofit limited liability company with its principal business and headquarters in Minnesota, doing business in Minnesota.
63. Defendant CENTURION OF MINNESOTA, L.L.C. (CENTURION),
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previously misnamed CENTENE CORPORATION, is a recipient of federal funds. 64. Defendant CENTURION contracted with MN DOC to provide medical treatment services to MN DOC inmates for sixty-seven million dollars ($67,000,000), beginning on 1 January 2014. 65. Plaintiffs sue Defendant CENTURION for creation and implementation of policies, pursuant to contract with MN DOC, that have directly inflicted harm and demonstrated deliberate indifference to the disability, disease, and serious medical needs of plaintiffs, in defiance of U.S. Const. amend. VIII and XIV through 42 U.S.C. § 1983, Title II of the Americans with Disabilities Act as Amended at 42 U.S.C. § 12131 et seq., and § 504 of the Rehabilitation Act of 1973 at 29 U.S.C. § 791 et seq. 66. Plaintiffs sue the Defendants in their respective, specified capacities, for actions under color of law at all times relevant to this lawsuit, for their joint and several actions, policy creations, and policy implementations that manifest deliberate indifference to the Plaintiffs’ serious medical needs of hepatitis C, in violation of Plaintiffs’ rights under U.S. Const. amend. VIII and XIV through 42 U.S.C. § 1983 and Minn. Const. Art. I, §§ 2, 5, 7, and 8, and discriminate against Plaintiffs on account of their disabilities in violation of Title II of the Americans with Disabilities Act as Amended, 42 U.S.C. § 12131 et seq., § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 791 et seq.
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67. Because of the "silent epidemic" of HCV-positive inmates entering the MNDOC system, and the high-costs of treating HVC infections, the Defendants MNDOC and Centurion have instituted a policy of rationing anti-HCV medication to as few inmates as possible, for reasons of administrative convenience and cost, unrelated to the medical needs of individual inmates, who are the Plaintiffs.
FACTS A. HEPATITIS C VIRUS (HCV) DEFINED
68. HCV was not discovered until 1989. Blood screening was not possible until the mid-1990's. According to the CDC, everyone born between 1945 and 1965 is at risk and should undergo testing for hepatitis C.
69. The Centers for Disease Control (CDC) estimate the potentially fatal blood-borne Hepatitis-C Virus (HCV) infects some 4 million Americans of all ages and walks of life (about 2% of the population) and causes more deaths than HIV/AIDS.
70. Between 20 - 50% of America’s 2.3 million inmates are HCV-positive. According to the CDC, therefore most prisoners and 98% of the general population are at risk from unscreened, untreated inmates.
71. Eliminating HCV from corrections facilities filters HCV from the entire nation’s blood pool.
72. HCV is a chronic, potentially fatal blood-borne viral disease that substantially and materially degrades the liver’s ability to purify blood and to convert substances in
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the blood to glucose, inflicting progressive damage on the liver, which substantially and materially impairs the body’s digestive and circulatory systems each day. 73. HCV can be spread by mere contact with an infected individual’s blood, under such circumstances as: (a) physical activity in sports, (b) tattooing, (c) use of a needle not properly cleaned and sterilized, (d) exposure to an infected person’s blood in the course of medical care, (e) barber and cosmetology care, (f) sexual activity, (g) sharing of eating utensils and food, (h) sharing razors or other personal grooming supplies, (i) sharing bathrooms or shower facilities, (j) sharing living quarters, or (k) physical violence between inmates or involving staff. 74. If left untreated, even asymptomatic HCV causes cirrhosis, or destructive scarring of the liver, liver cancer, and may require a liver transplant, and eventually cause other symptoms to those it afflicts. As a communicable disease, HCV poses an unreasonable and substantial risk of serious present and future medical and physical harm to the Plaintiffs, and the general public after Plaintiffs’ release from prison. Roe v. Elyea, 631 F.3d 843 (7th Cir. 2011). 75. HCV substantially and materially impairs the individual’s, and these plaintiffs’, major life activities of (a) self-caring, (b) social interaction with other persons, (c) manual tasks particularly those involving knives, scissors, pins, needles, toothbrushes, eating utensils, or shaving razors, (d) reproduction, and (e) life itself. 76. Each day treatment is postponed, the likelihoods of: cirrhosis of the liver, liver cancer, a liver transplant, and death from HCV grow for each member of the Class,
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as does the likelihood of infection for those with whom they come in contact in MN DOC facilities and for members of the general public after they are released into the general population outside prison. B. BACKGROUND – CENTERS FOR DISEASE CONTROL, FDA, FBOP, U.S. PUBLIC HEALTH SERVICE, SURGEON GENERAL, AND THE V.A. 77. Eradicating HCV from the whole population became possible in December 2013 because of the approval of the first FDA “breakthrough” drugs. 78. In December 2013, the United States Food and Drug Administration (FDA) approved a new class of safer, direct-acting, anti-viral drugs that cure HCV infections in 12-weeks of daily pill therapy at a 95% success rate. 79. In January 2014, the Infectious Disease Society of America (IDSA) and the American Association for the Study of Liver Disease (AASLD) issued guidelines recommending sofosbuvir (Sovaldi) and similar new drugs as first-line therapy to replace year-long Interferon-based injections entirely. See, www.hcvguidelines.org. In June 2014 the Federal Bureau of Prisons (FBOP) issued "Clinical Practice Guidelines" (Guidelines, or Protocol) for HCV treatment of inmates. The FBOP specifically rejected the more dangerous, less effective 48-week toxic Interferonbased injection treatment regimen. 80. 81. The protocol specifically lists the ASSLD/IDSA sofosbuvir twelve week, one pill per day regimen as the safer, more effective, standard-of-care in all FBOP facilities.
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82. Other agencies of the United States, including the Centers for Disease Control (CDC), the United States Department of Veterans Affairs (VA), and the Surgeon General of the United States Public Health Service (Surgeon General) adopted the one pill per day, twelve-week protocol as the standard of care for treatment of HCV, and specifically rejected the forty-eight week toxic Interferon injection regimen, as has: the CDC, the Veterans Administration (VA), and the Surgeon General of the US. Public Health Service. Private insurers that include UnitedHealth, Anthem, and Aetna cover the non-interferon anti-viral oral pill treatments.
83. As set forth in the FBOP June 14, 2014 Clinical Practice Guidelines for HCV, the above protocols’ only medical criteria are that the patient; (a) not be pregnant; (b) have sufficient time in custody to complete treatment; and, (c) "demonstrate willingness and ability to adhere to rigorous treatment and to abstain from high risk activities."
84. According to the AALSD/IDSA, FBOP, CDC, and VA protocols, chemical dependency treatment, however, is not a medically required precondition for the twelve week HCV treatment.
85. Similarly, sharing of contaminated needles is a known vector for transmission of the human immunodeficiency virus (HIV).
86. Nonetheless, upon information and belief, chemical dependency treatment is NOT a precondition for HIV/AIDS anti-viral therapies in MN DOC facilities.
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87. The AALSD/IDSA, FBOP, CDC, and VA HIV/AIDS treatment protocols require treatment upon a positive test for HIV, without waiting for the onset of HIV-related illnesses, including Kaposi’s sarcoma or pneumonia.
88. Similarly, the AALSD/IDSA, FBOP, CDC, and VA HCV protocols do not prescribe delay in HCV treatment until the onset of fibrosis, cirrhosis of the liver, or liver cancer for medical reasons.
89. Since the adoption of the 12-week, one-pill-a-day HCV standard of care by agencies of the United States, barriers that the Defendants, jointly and severally, have erected in fact and as a matter of policy, to screening and treatment of HCV that differ significantly from HIV/AIDS lack medical justification, and do not survive scrutiny on rational basis grounds.
90. Defendants must assume the constitutional obligations under U.S. Const. amend. VIII and XIV and Minn. Const. Art. I, §§ 2, 5, 7, and 8, and the statutory obligation under U.S. Const. Art. VI, cl. 2, 42 U.S.C. § 12131 et seq., and 29 U.S.C. § 791 et seq., to provide the safer, more effective, non-interferon-based medical care for HCV that evolving science and FBOP, FDA, and Surgeon General protocols have made the new professional medical community standard of care, to eradicate HCV infection from the MN DOC population.
91. In so doing, the Defendants reduce and then eliminate the likelihood of HCV reinfection of Plaintiffs, and increase the likelihood of reduction and ultimate eradication of HCV amongst the general public population as a result.
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C. HCV AS A SERIOUS MEDICAL NEED, IN WHICH ASSERTED FAILURE OR DELAY IN TREATMENT STATES CLAIMS FOR DELIBERATE INDIFFERENCE TO PRISONERS’ MEDICAL NEEDS UNDER THE EIGHTH AND FOURTEENTH AMENDMENTS 92. Erickson v. Pardus, 551 U.S. 89, 90, 127 S. Ct. 2197 (2007), holds that conscious delay, conscious denial of access, or conscious interference in medical treatment of hepatitis C for non-medical reasons -- standing alone -- states a plausible claim for deliberate indifference against prison doctors, prison guards, or prison officials to the serious medical needs of a prisoner in violation of U.S. Const. amend. VIII and XIV through 42 U.S.C. § 1983. 93. Minnesota Department of Health Regulations 4605.7030 and 4605.7040 subp. B(22) require that all physicians, healthcare facilities, medical laboratories, and every licensed healthcare provider shall submit clinical materials associated with HCV positive cases to the Commissioner of Health within one working day of diagnosis. 94. Said Minnesota regulations impose a duty to obtain knowledge, and to transmit said knowledge to the Minnesota Department of Health, of all HCV cases within the care and responsibility of all medical care providers, including medical care providers employed by, or contracted by, the Minnesota Department of Corrections. 95. In accordance with Minn. Stat. § 241.01 subd. 3(a)(1), Defendant MN DOC has adopted "Blood borne Pathogen Policy" §105.170 et seq. with updates §105.170
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FRB, 5/6/14, and §151.171, 9/2/14, which purport to adopt up-to-date U.S. Public Health Service (USPHS) and CDC treatment protocols for disabling, blood borne pathogens, including HCV. 96. At all times relevant to this lawsuit, Defendant MN DOC, its agents, employees, representatives, or contractors including CENTURION, provide free, routine screening for HIV/AIDS within 14 days of prisoners’ intake, or in response to a “kite” written request to a facility health service, with treatment available at all MN DOC facilities, without the precondition of chemical dependency treatment. 97. In contrast, at all times relevant to this lawsuit, Defendant MN DOC, its agents, employees, representatives, or contractors including CENTURION, provide NO routine screening for HCV during or after intake to identify sources of infection, or to protect inmates from sources of infection, despite the duties to know and transmit that the above regulations impose. 98. Upon information and belief, Defendants Medical Director Dr. Paulson, Director of Health Services Larson, Drs. Quiram, Hanson and other Defendants had actual knowledge, through personal mail from Plaintiff Ligons, professional journals, professional meetings in January 2014, FBOP publications and general media, of the new medications for HCV that are safer and more effective than MN DOC HCV treatment protocols. 99. Despite Defendants' knowledge of the new safer and more effective standard-ofcare, the Defendants, jointly and severally, have not provided the current 12-week week one pill per day professional HCV-treatment community medical standard of
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care described in the June 2014 FBOP Clinical Treatment Guidelines, and other peer-reviewed sources, to meet the individual needs of the Plaintiffs, and to screen and cure prisoners infected with the HCV virus for reasons unrelated to medical care. 100. At all times relevant to this lawsuit, Defendant MN DOC, its agents, employees, representatives, or contractors including CENTURION, jointly and severally, have willfully denied, or, with manifest deliberate indifference to the serious medical needs of the plaintiffs, denied the current medical professional HCV-treatment community standard of individualized medical care to plaintiffs and similarly situated HCV positive inmates, specifically, the daily oral twelve week treatment protocols, for non-medical reasons. 101. At all times relevant to this lawsuit, Defendant MN DOC, its agents, employees, representatives, or contractors including CENTURION, jointly and severally, have willfully delayed, denied, or interfered with plaintiffs’ timely HCV treatment by requiring chemical dependency treatment as a medically unnecessary precondition for HCV treatment. 102. At all times relevant to this lawsuit, Defendant MN DOC, its agents, employees, representatives, or contractors including CENTURION, have intentionally delayed, denied, or interfered with plaintiffs’ timely HCV treatment by withholding HCV treatment until plaintiffs manifest symptoms of fibrosis, cirrhosis of the liver, or liver cancer, for non-medical reasons. 103. The only HCV treatment available in the MN DOC--CENTURION system
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consists of the forty-eight week course of daily toxic Interferon-based injections and monitoring of blood viral load in a clinical setting. The FBOP rejected this treatment in June 2014 as falling below the professional hepatitis-C medical treatment community standard of individualized care of inmates, specifically, the twelve week, one oral pill per day medication protocol available since December 2013 of Olysio, Sovaldi, and successor medicines that include Harvoni and Viekira Pak. 104. As described in written policy and in response to written requests from Plaintiffs, at all times relevant to this lawsuit, of the nine (9) facilities that MN DOC operates, Defendants MN DOC, ROY, CENTURION, LARSON, AND PAULSON, jointly and severally, offer forty-eight week, toxic Interferon-based HCV treatment only at specific facilities, and thus exclude inmates at all other facilities from receiving any HCV treatment at all. 105. Particularly in light of the efficacy of the FDA-"HVC breakthrough" drugs in curing all levels of HCV viral infections all HCV genotypes (with minor variances), and the relative simplicity of the treatment protocols associated with the 12-week oral medication, policies limiting treatment based on viral load, or relative progress of liver dysfunction, are matters of administrative convenience or cost saving, not the medical requirements of the patient. 106. For non-medical reasons of policy and practice, MN DOC and CENTURION, jointly and severally, at all times relevant to this lawsuit, have systematically denied, and continue to deny systematically, MN DOC inmates’
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requests for the FDA-approved, one pill per day, twelve week treatment protocol of Olysio, Sovaldi, which the FBOP as of June 2014, the FDA, the CDC, the U.S. Public Health Service Surgeon General, and the VA have adopted as the safest, most effective professional HCV-treatment medical community standard of care for the treatment and cure of HCV virus infections at a 95% cure rate – a protocol to which Harvoni and Viekira Pak were added in late 2014. 107. As a direct result of the Defendants’ joint and several policies, practices, and actions that lack medical foundation or rational basis, and which substitute administrative convenience, caprice, and whim for individualized professional medical care and judgment for the Plaintiffs, each day the Defendants deny to Plaintiffs the FBOP Sovaldi/Harvoni equivalent of the non-Interferon twelve week, daily pill protocol to cure HCV, Defendants needlessly force Plaintiffs to suffer the progressive effects of the chronic, life-threatening disease of hepatitis C. 108. The Defendants’ joint and several willful, deliberate actions make progression of plaintiffs’ cases of HCV foreseeable, and increased public expense inevitable. 109. The Defendants’ joint and several willful, deliberate actions make increased public expense to treat Plaintiffs’ cases of HCV foreseeable and inevitable. 110. The Defendants’ joint and several willful, deliberate actions increase without medical reason or lawful purpose the likelihood of the Plaintiffs’ deaths for reasons arising from HCV infection. 111. Day by day, uninfected inmates, and the public at large, run increasing risks
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of HCV infection which Defendants could “cure;” to these inmates’ serious, medical needs of freedom from, and knowledge of, infection by HCV, the Defendants, jointly and severally, are deliberately indifferent, for reasons of nonmedical policy and practice. D. CLASS ALLEGATIONS 112. Plaintiffs brings this action on behalf of themselves, and others similarly situated, (the "Class") pursuant to Fed. R. Civ. P. 23(a) and 23(b)(2). 113. Plaintiffs seeks to represent the following Class and sub-classes on claims for declaratory and injunctive relief and damages: (a) All persons (male and female) incarcerated in Minnesota Department of
Corrections facilities with 12 weeks remaining on their sentence; who test HCVpositive and wish to participate in the 12-week oral-medication HCV treatment, equivalent to Federal Bureau of Prison Clinical Treatment Guidelines. (b) All persons as in (a) who tested HCV positive before entering MN DOC facilities. (c) All persons as in (a) who were not HCV-positive before entering facilities and became infected while housed in Mn DOC facilities. (d) All persons as in (a) in various stages of HCV infection who are not being treated at all because of the Chemical Dependency Treatment requirement, that is not required by the FBOP, CDC, AASLD/ASID, VA or other medical treatment guidelines.
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(e) All persons as in (a) in various stages of HCV infection who are not being treated because of other limitations on access to medication unrelated to patient care, that are not required by the FBOP, CDC, AASLD/ASID, VA or other medical treatment guidelines.
(f) All persons as in (a) in various stages of HCV infection who are not being treated because they have refused toxic Interferon-based treatment, offered by MN DOC in contravention of current FBOP, CDC, AASLD/ASID, VA or other medical treatment guidelines.
(g) All persons as in (a) who are HCV-positive but have not been screened by MN DOC so have been unaware of the HCV-status and cannot request the 12-week oral medication.
(h) All persons as in (a) who are not aware of their HCV status, who are fearful of being exposed to HCV because of MN DOC policies and practices that make it impossible to know if any other inmates with whom they come in contact are HCV-positive, or not.
114. Plaintiff seeks to represent the following Class on claims for declaratory and injunctive relief from state-created danger of HCV infection: All persons (male and female) incarcerated in Minnesota Department of Corrections facilities as of January 1, 2014 who have been, are, and will be, exposed to risk of harm daily by the deliberate indifference of Defendants' failure to adopt the 12-week Federal Bureau of Prison Clinical HCV Treatment Guidelines – and successor nonInterferon therapies -- who were not HCV positive upon entering MN DOC
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facilities, or do not know their HCV status and wish to be screened and treated, if testing positive. 115. As a result of Defendants’ joint and several deliberate indifference to the serious medical needs of the Class, the members of the Class are or will be subjected to cruel and unusual punishment and deprived of other constitutional and statutory rights, and will face ongoing, threatened, and imminent physical harm. 116. Plaintiffs seek declaratory and injunctive relief to enjoin Defendants’ actions, policies and practices that infringe on their rights. 117. The requirements of Rules 23(a) and 23 (b) are met by this action. (a) Numerosity under Fed. R. Civ. P. 23(a)(1): The precise number of inmates in
the Class and their identity are within the control of Defendants. The names and locations of inmates testing positive for HCV and whether all inmates have even been screened for HCV are data controlled by Defendants. National averages predict the number would exceed 1,500, a size much too large to make joinder practicable. (b) Commonality under Fed. R. Civ. P. 23(a)(2): Questions of law and fact are common to the Class, including but not limited to: (1) the nature and scope of the safer, more effective standard of care, exemplified by the Federal BOP Clinical Treatment Guidelines; (2)) The MN DOC policy for the treatment of HCV with toxic Interferon that is now outmoded for all patients, as less safe and less effective; (3) Whether the MN DOC use of an outmoded medical treatment
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that is less safe and effective than the current standard of care violates the Eight Amendment; (4) Whether the MN DOC use of an outmoded medical treatment that is less safe and effective than the current standard of care violates Article II of the ADA as Amended; and (5) Whether the MN DOC use of an outmoded medical treatment that is less safe and effective than the current standard of care violates Section 504 of the Rehabilitation Act. (c) Typicality - Fed. R. Civ. P. 23(a)(3): Plaintiff's claims are typical of the Class members because Plaintiff and all Class Members were injured by the same wrongful policy and practices of Defendants as described in this Complaint. Plaintiff's claims arise from the same practices and course of conduct that give rise to the claims of the Class Members and are based on the same legal theories. (d) Representativeness - Fed. R. Civ. P. 23(a)(4): (1) Plaintiffs will fairly and adequately protect the interests of the Class. (2) Plaintiffs have no interests that are contrary to or in conflict with those of the Class they seek to represent. (3) Plaintiffs are represented by competent and skilled counsel whose interests are aligned with the interests of the Class. (4) Relief concerning Plaintiff's rights under the laws herein alleged and with respect to the Class would be proper. (5) Defendants have acted or refused to act with respect to the Class, thereby making appropriate final injunctive relief or corresponding injunctive relief with regard to Class Members as a whole and certification of the Class under Rule 23(b)(2) proper.
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(e) SUPERIORITY - Fed. R. Civ. P. 23(b)(3): (1) A class action is superior to other available methods for the fair and efficient adjudication of this litigation since joinder of all members of the class is impracticable. (2) The number would prove unduly burdensome and inefficient for the Court and parties. (3) Because a common set of facts, grievances and remedies predominate over individual issues, individual litigation increases expenses to all parties, and better management of consistent adjudication and relief by a single court is in the interest of all parties. (4) Conduct of this action as a class action will protect the rights of all class members and promote judicial efficiency and consistency. Notice can be provided to class members by United States mail.
118. On information and belief after reasonable, diligent inquiry by the Plaintiffs, Defendant DAVID PAULSON, M.D., Medical Director of the Minnesota Department of Corrections, is superior to Defendant NANETTE LARSON, Minnesota Department of Corrections Director of Health Services. E. EXHAUSTION OF ADMINISTRATIVE REMEDIES
119. Defendant DAVID PAULSON has (a) actual notice of Plaintiff LIGONS’ and MICHAELSON’s requests for the one Sovaldi oral pill per day, twelve week regimen that the FBOP has adopted as its hepatitis C treatment protocol, (b) actual notice of the availability of discounted Sovaldi pills, (c) actual notice of the availability of Harvoni and Viekira Pak as alternative medicines to Sovaldi in the one oral pill per day, twelve week regimen that eliminates toxic Interferon therapy, (d) has continued to condition hepatitis C treatment on completion of chemical
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dependency first, (e) has actual notice that completion or failure of chemical

dependency treatment in the Minnesota Department of Corrections system is a

decision not made by the patient-specific professional judgment of a medical

doctor, but rather an administrative decision by a non-medical professional, and (f)

has rejected Plaintiffs LIGONS’ and MICHAELSON’s requests, without chemical

dependency treatment completion precondition, for the one Sovaldi oral pill per

day, twelve week regimen that the FBOP has adopted as its hepatitis C treatment

protocol.

120. At times relevant to this lawsuit, including calendar years 2014 and 2015,

Defendant David Paulson, M.D. served as the Medical Director of the Minnesota

Department of Human Services’ Minnesota Sex Offender Program (MSOP). See

https://edocs.dhs.state.mn.us/lfserver/Public/DHS-6359-ENG,

Overview

Organization Chart, 2015, Minnesota Department of Human Services (listing

Minnesota Sex Offender Program, Medical Director, David Paulson, M.D.,

651.431.5872.

121. The Minnesota Department of Human Services established a closed

formulary, known as the “Program HH Medication Program (ADAP) Formulary”

for individuals whom the Department of Human Services serves who are suffering

from HIV, and, amongst others, suffer from the comorbidity of hepatitis C virus

(HCV). As of 1 December 2014, the formulary included Ledipasvir/Sofosbuvir

(Harvoni), Sofosbuvir (Sovaldi), and Simeprevir (Olysio) for individuals suffering

from HIV and hepatitis C, use of which the Department of Human Services may

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authorize for prior-authorized “on-label” usage by contacting the Minnesota Health Care Program by phone. At all times in which the formulary has existed, an individual may request the addition of a new medication to the formulary with the signed request of a patient’s pharmacist or medical doctor. See http://mn.gov/dhs/people-we-serve/adults/health-care/hiv-aids/programs-services/drugformulary.jsp# 122. At all times relevant to this lawsuit, the state of Minnesota has had access to, and the ability to authorize medications within the one pill per day, twelve week protocol cure for hepatitis C, specifically, Sovaldi, Harvoni, and Olysio. 123. At all times relevant to this lawsuit, Defendant Paulson, as Medical Director for the for the Minnesota Sex Offender Program of the Minnesota Department of Human Services, has had the authority to authorize the use of Sovaldi, Harvoni, or Olysio by Minnesota Sex Offender Program patients suffering from hepatitis C. 124. As Medical Director of the Minnesota Department of Corrections, Defendant Paulson, at times relevant to this lawsuit, has had actual knowledge of the serious medical needs of Plaintiffs LIGONS and MICHAELSON as hepatitis C sufferers. 125. As Medical Director of the Minnesota Department of Corrections, Defendant Paulson, at times relevant to this lawsuit, has had actual knowledge of the requests of Plaintiffs LIGONS and MICHAELSON for the life-saving, 1 pill per day, twelve week protocol cure of Sovaldi or the alternative Harvoni. 126. As Health Services Director of the Minnesota Department of Corrections,
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Defendant Larson, at times relevant to this lawsuit, has had actual knowledge of the requests of Plaintiffs LIGONS and MICHAELSON for the life-saving, 1 pill per day, twelve week protocol of Sovaldi or the alternative Harvoni. 127. At times relevant to this lawsuit, Defendant Centurion (through its agents, employees, representatives, or medical staff), has had actual knowledge of the serious medical needs of Plaintiffs LIGONS and MICHAELSON as hepatitis C sufferers, and the respective requests of Plaintiffs LIGONS and MICHAELSON for the life-saving, 1 pill per day, twelve week protocol cure of Sovaldi or the alternative Harvoni. 128. At times relevant to this lawsuit, Defendants Larson, Paulson, and Centurion (through its agents, employees, representatives, or medical staff), jointly and severally, have denied to Plaintiffs LIGONS and MICHAELSON, with deliberate indifference to their serious medical needs as hepatitis C sufferers, their requests for the life-saving one pill per day, twelve week protocol cure of Sovaldi or the alternative Harvoni. 129. Plaintiffs have exhausted their administrative remedies. 130. The foregoing averments and assertions of Plaintiffs constitute averments that Plaintiffs face imminent danger of serious and continuing physical, medical injury.
CLAIMS CLAIM I: TITLE II OF THE ADA AGAINST MINNESOTA DEPARTMENT OF CORRECTIONS 131. Plaintiffs LIGONS, MICHAELSON, and all similarly situated plaintiffs,
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reallege and reassert each and every claim and averment above and incorporate them herein. 132. Defendant MINNESOTA DEPARTMENT OF CORRECTIONS, by and through Defendants ROY, PAULSON, LARSON, QUIRAM, HANSON, and DOES A – J in their respective official capacities, discriminated against Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs, and caused them to be excluded from participation in programs and denied access to services in the Minnesota Department of Corrections systems, specifically and without limitation MCF Stillwater and MCF Faribault, because of their disabilities – hepatitis C – in violation of Title II of the Americans with Disabilities Act as Amended.
CLAIM II: § 504 OF THE REHABILITATION ACT OF 1973 AGAINST MINNESOTA DEPARTMENT OF CORRECTIONS 133. Plaintiffs LIGONS, MICHAELSON, and all similarly situated plaintiffs, reallege and reassert each and every claim and averment above and incorporate them herein. 134. Defendant MINNESOTA DEPARTMENT OF CORRECTIONS, a federally funded entity, by and through Defendants ROY, PAULSON, LARSON, QUIRAM, HANSON, and DOES A – J, in their respective official capacities, discriminated against Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs, and caused them to be excluded from participation in programs and denied access to services in the Minnesota Department of Corrections systems,
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specifically and without limitation MCF Stillwater and MCF Faribault, due to their disabilities – hepatitis C – in violation of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 – 794a.
CLAIM III: § 504 OF THE REHABILITATION ACT OF 1973 AGAINST CENTURION OF MINNESOTA, L.L.C. 135. Plaintiffs LIGONS, MICHAELSON, and all similarly situated plaintiffs, reallege and reassert each and every claim and averment above and incorporate them herein. 136. Defendant CENTURION, a federally funded entity, by and through Defendants QUIRAM, HANSON, and DOES A – J in their respective individual and official capacities in the course of their activities as agents or representatives of CENTURION, discriminated against Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs, and caused them to be excluded from participation in programs and denied access to services in the Minnesota Department of Corrections systems, specifically and without limitation MCF Stillwater and MCF Faribault, due to their disabilities – hepatitis C – in violation of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 – 794a. CLAIM IV: DEPRIVATION OF U.S. CONST. AMEND. VIII AND XIV RIGHT TO BE FREE FROM INFLICTION OF CRUEL AND UNUSUAL PUNISHMENT, FOR WHICH 42 U.S.C. § 1983 PROVIDES REMEDIES.
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137. Plaintiffs LIGONS, MICHAELSON, and all similarly situated plaintiffs, reallege and reassert each and every claim and averment above and incorporate them herein.
138. Defendants THOMAS ROY, COMMISSIONER OF CORRECTIONS, DAVID PAULSON, M.D., Medical Director of the Minnesota Department of Corrections, NANETTE LARSON, Health Services Director of the Minnesota Department of Corrections, D. QUIRAM, M.D., R. HANSON, M.D., AND DOES A – J, in their respective official capacities, jointly and severally, have enforced the Minnesota Department of Corrections policy that (a) conditions treatment of hepatitis C on completion of chemical dependency treatment, and (b) contravenes the clearly established hepatitis-C medical treatment community standard of care, with reference to Erickson v. Pardus, 551 U.S. 89, 90, 127 S. Ct. 2197 (2007), which constitutes a deliberate indifference to the serious medical needs of Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs suffering from hepatitis C, thereby establishing a violation of U.S. Const. amend. VIII and XIV, for which 42 U.S.C. § 1983 provides declaratory, equitable, mandamus, and legal remedies. CLAIM V: DEPRIVATION OF U.S. CONST. AMEND. VIII AND XIV RIGHT
TO BE FREE FROM INFLICTION OF CRUEL AND UNUSUAL PUNISHMENT, FOR WHICH 42 U.S.C. § 1983 PROVIDES REMEDIES.
139. Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs
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reallege and reassert each and every claim and averment above. 140. Defendants TOM ROY, MINNESOTA COMMISSIONER OF
CORRECTIONS, DAVID PAULSON, MD., MINNESOTA DEPARTMENT OF CORRECTIONS MEDICAL DIRECTOR, NANETTE LARSON, Director of Health Services, Minnesota Department of Corrections, jointly and severally in their respective official capacities, have enforced a HCV treatment program based on toxic Interferon injections lasting some forty-eight (48) weeks, offered only at the Minnesota Correctional Facility at Rush City (MCF Rush City), and with serious side effects, for non-medical reasons. 141. Defendants ROY, PAULSON, LARSON, other MN DOC agents, employees, or representatives and CENTURION CORPORATION through Centurion care staff, jointly and severally, have continued this policy for nonmedical reasons, which constitutes deliberate indifference to the serious medical needs of the Plaintiffs, while intentionally and deliberately refusing to treat HCV patients with the simple twelve-week one-pill-a-day safer and more effective prevailing professional community standard of medical care that can be offered at any of the nine MN DOC facilities, in violation of Plaintiff’s rights under U.S. Const. amend. VIII and XIV to be free from cruel and unusual punishment, for which 42 U.S.C. § 1983 provides declaratory, equitable, and legal remedies.
CLAIM VI: DEPRIVATION OF MINN. CONST. ART. I, §§ 2, 5, AND 7 RIGHT TO BE FREE FROM INFLICTION
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OF CRUEL AND UNUSUAL PUNISHMENT, FOR WHICH MINN. CONST. ART. I, § 8 PROVIDES LEGAL REMEDIES.
142. The foregoing averments and assertions of Plaintiffs constitute averments that Plaintiffs face imminent danger of serious and continuing physical, medical injury.
143. Plaintiffs LIGONS, MICHAELSON, and all similarly situated plaintiffs, reallege and reassert each and every claim and averment above and incorporate them herein.
144. Defendants THOMAS ROY, COMMISSIONER OF CORRECTIONS, DAVID PAULSON, M.D., Medical Director of the Minnesota Department of Corrections, NANETTE LARSON, Health Services Director of the Minnesota Department of Corrections, D. QUIRAM, M.D., R. HANSON, M.D., AND DOES A – J, in their respective official capacities, jointly and severally, have enforced the Minnesota Department of Corrections policy that (a) conditions treatment of hepatitis C on completion of chemical dependency treatment, and (b) contravenes the clearly established hepatitis-C medical treatment community standard of care for inmates suffering from hepatitis that the AALSD/ASID, CDC, VA and FBOP established as of June 2014, which constitutes a deliberate indifference to the serious medical needs of Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs suffering from hepatitis C, thereby establishing a violation of Minn. Const. Art. I, §§ 2, 5, and 7, for which Minn. Const. Art. I, § 8 provides declaratory, equitable, mandamus, and legal remedies.
145. The foregoing averments and assertions of Plaintiffs constitute averments that
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Plaintiffs face imminent danger of serious and continuing physical, medical injury. CLAIM VII:
DEPRIVATION OF MINN. CONST. ART. I, §§ 2, 5, AND 7 RIGHT TO BE FREE FROM INFLICTION OF CRUEL AND UNUSUAL PUNISHMENT, FOR WHICH MINN. CONST. ART. I, § 8 PROVIDES LEGAL REMEDIES. 146. Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs reallege and reassert each and every claim and averment above. 147. Defendants TOM ROY, MINNESOTA COMMISSIONER OF CORRECTIONS, DAVID PAULSON, MD., MINNESOTA DEPARTMENT OF CORRECTIONS MEDICAL DIRECTOR, NANETTE LARSON, Director of Health Services, Minnesota Department of Corrections, jointly and severally in their respective official capacities, have enforced a HCV treatment program based on toxic Interferon injections lasting some forty-eight (48) weeks, offered only at the Minnesota Correctional Facility at Rush City (MCF Rush City), and with serious side effects, for non-medical reasons. 148. Defendants ROY, PAULSON, LARSON, other MN DOC agents, employees, or representatives and CENTURION CORPORATION through Centurion staff, jointly and severally, have continued this policy for non-medical reasons, which constitutes deliberate indifference to the serious medical needs of the Plaintiffs, while consciously, willfully, and deliberately refusing to treat HCV patients with the simple twelve-week one-pill-a-day safer and more effective prevailing professional community standard of medical care that can be offered at
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any of the nine MN DOC facilities, in violation of Plaintiff’s rights under Minn. Const. Art. I, §§ 2, 5, and 7 to be free from cruel and unusual punishment, for which Minn. Const. Art. I, § 8 provides declaratory, equitable, and legal remedies. 149. The foregoing averments and assertions of Plaintiffs constitute averments that Plaintiffs face imminent danger of serious and continuing physical, medical injury.
CLAIM VIII: DEPRIVATION of the Clearly Established U.S. Const. amend. VIII and XIV Right to Be Free from Cruel and Unusual Punishment By Private SubContractors Under Farmer v. Brennan, 511 U.S. 825 (1994), Erickson v. Pardus, 551 U.S. 89 (2007), & Kahle v. Leonard, 477 F.3d 544 (8th Cir 2007) 150. Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs reallege and reassert each and every claim and averment above.
151. Defendant CENTURION, as a matter of non-medical corporate policy or custom, has enforced the outdated "Interferon" 48-week HCV treatment-only policy, thereby enforcing the deliberate indifference and cruel and unusual punishment arising from failure to prescribe up-to-date, safer and more effective treatment for HCV, in violation of Plaintiffs’ clearly established right to be free from cruel and unusual punishment under U.S. Const. amend. VIII and XIV.
152. Medical staff employed by the private sub-contractors to MN DOC, Defendants Quiram and Hanson, John and Jane Doe, are aware of the safer and more effective standards of care for HCV and denial of treatment with the 12-week one-pill-per-day treatment program for non-medical reasons.
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153. Failure to prescribe the safer, more effective 12-week oral treatment protocol adopted by the BOP is knowing and intentional, which further constitutes deliberate indifference to Mr. LIGONS' and Mr. MICHAELSON’S serious medical needs, thereby violating their right to be free from cruel and unusual punishment as proscribed by U.S. Const. amend. VIII and XIV, for which 42 U.S.C. § 1983 provides declaratory, equitable, and legal remedies.
154. These allegations constitute averments of imminent danger of serious and continuing physical, medical injury.
CLAIM IX: DEPRIVATION OF EIGHTH AMENDMENT RIGHT TO BE FREE FROM CRUEL AND UNUSUAL PUNISHMENT (Against Defendants Paulson, Larson, Quiram, Hanson, and Centurion in Their Joint and Several Respective Individual Capacities). 155. Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs reallege and reassert each and every claim and averment above. 156. Defendants PAULSON, LARSON, QUIRAM, HANSON, AND CENTURION, jointly and severally, through their decisions to deny Plaintiffs LIGONS and MICHAELSON the twelve-week, one pill per day regimen that is the hepatitis-C medical treatment community standard of care, demonstrate deliberate indifference to the serious medical needs of Plaintiffs LIGONS and MICHAELSON, and thereby violate their right to be free from cruel and unusual punishment under U.S. Const. amend. VIII and XIV, for which 42 U.S.C. § 1983 provides declaratory, equitable, and legal remedies.
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157. Defendants PAULSON, LARSON, QUIRAM, HANSON, AND CENTURION, jointly and severally, through their decisions to deny Plaintiffs the twelve-week, one pill per day regimen that is the hepatitis-C medical treatment community standard of care, demonstrate deliberate indifference to the serious medical needs of Plaintiffs and thereby violate their right to be free from cruel and unusual punishment under U.S. Const. amend. VIII and XIV, for which 42 U.S.C. § 1983 provides declaratory, equitable, and legal remedies.
158. These allegations constitute averments of imminent danger of serious physical, medical injury. CLAIM X: DEPRIVATION OF EIGHTH AMENDMENT
RIGHT TO BE FREE FROM CRUEL AND UNUSUAL PUNISHMENT 159. Plaintiffs LIGONS, MICHAELSON, et al, reallege and reincorporate each and every claim and averment above and incorporate them below. 160. Plaintiffs Roe, Miles, and Stiles assert the same foregoing causes of action from the perspective of inmates who were HCV free when entering MN DOC incarceration, or who have been cured of HCV, and who spend each day facing “imminent danger of serious physical injury” from being exposed to the debilitating and potentially fatal virus, HCV, from other inmates that Defendants could eradicate in three (3) months and decline to do so, for non-medical reasons. 161. All new HCV infections in MN DOC facilities since January 1, 2014 are the direct and proximate consequence of the danger knowingly and intentionally
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created by Defendants’ refusal to adopt the FBOP, CDC and U.S. Public Health Service protocols (required by MN DOC Policies §§151.170-171 et seq.). 162. The joint and several actions of the Defendants in their official and individual capacities demonstrate deliberate indifference to the serious medical needs of Plaintiffs Roe, Miles, and Stiles to be free from infections by the blood borne pathogen of HCV, and thus violates Plaintiffs’ rights under U.S. Const. amend. VIII and XIV to be free from cruel and unusual punishment, for which 42 U.S.C. § 1983 provides declaratory, equitable, and legal remedies. 163. These allegations constitute averments of imminent danger of serious physical, medical injury.
CLAIM XI: DENIAL OF EQUAL PROTECTION OF THE LAW UNDER U.S. CONST. AMEND. V AND XIV, THROUGH 42 U.S.C. § 1983 164. Plaintiffs LIGONS, MICHAELSON, et al, reallege and reincorporate each and every claim and averment above and incorporate them below. 165. Both HCV and HIV/AIDS are blood-borne viral diseases. 166. Both diseases are transmitted by personal contact between individuals 167. Preventive vaccines for HIV/AIDS and HCV do not exist at this time. 168. The HIV/AIDS and HCV viruses can be suppressed to reduce or prevent transmission of the viruses, but only HCV can be cured in 12-weeks of oral medication. 169. MN DOC screens for and treats HIV/AIDS in a manner that differs
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significantly from HCV, without medical justification or rational basis for doing so. 170. MN DOC withholds treatment for HCV in a manner that differs significantly
from the treatment it provides for HIV/AIDS without medical justification, or a rational basis for doing so since the 12-week standard-of-care has been adopted. 171. MN DOC protocols require that HCV infections progress to the point of causing cirrhosis or scarring of the liver, which cannot be reversed. 172. This HCV policy is akin to a policy that permits HIV infection to become full-blown AIDS, or to manifest life-threatening conditions including pneumonia or Kaposi’s Sarcoma, before approving anti-retroviral drug treatments, 173. MN DOC treats inmates for HIV infection upon a positive test for HIV, and does not wait for acute conditions or life-threatening illnesses manifest by fullblown AIDS. 174. The MN DOC policy of differential treatment for HCV, in comparison to HIV infection, lacks rational basis under prevailing science and medicine, and clearly established law. 175. The MN DOC policy of refusal to treat HCV infection of inmates until manifesting in liver fibrosis, liver scarring, cirrhosis of the liver, or liver cancer lacks rational basis in violation of Plaintiffs’ rights to equal protection of the laws under U.S. Const. amend. V and XIV, for which 42 U.S.C. § 1983 provides declaratory, equitable, and legal remedies. 176. These allegations constitute averments of imminent danger of serious physical, medical injury.
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CLAIM XII: DENIAL OF EQUAL PROTECTION OF THE LAW UNDER U.S. CONST. AMEND. V AND XIV, THROUGH 42 U.S.C. § 1983
177. Plaintiffs LIGONS, MICHAELSON, et al, reallege and reincorporate each and every claim and averment above and incorporate them below.
178. MN DOC protocols require that HCV infections progress to the point of causing cirrhosis or scarring of the liver when the FDA-designated HCV “breakthrough” drugs are equally effective for patients at all levels of viral infections.
179. AASLD/ASID, CDC, VA, U.S. Public Health Service and the FBOP June 2014 protocol do not differentiate between HCV patients with respect to viral load, or those who have tested positive for HCV without fibrosis, cirrhosis, or liver cancer, or those who have fibrosis, cirrhosis, or liver cancer.
180. The MN DOC policy of differential treatment for HCV patients, waiting to treat HCV sufferers when they reach a set viral load, or manifest liver fibrosis, liver scarring, cirrhosis of the liver, or liver cancer, lacks rational basis under prevailing science and medicine, and clearly established law.
181. The MN DOC policy of refusal to treat HCV infection of inmates until manifesting in liver fibrosis, liver scarring, cirrhosis of the liver, or liver cancer lacks rational basis in violation of Plaintiffs’ rights to equal protection of the laws under U.S. Const. amend. V and XIV, for which 42 U.S.C. § 1983 provides declaratory,
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equitable, and legal remedies. 182. These allegations constitute averments of imminent danger of serious
physical, medical injury. CLAIM XIII
DENIAL OF EQUAL PROTECTION OF THE LAW AND CRUEL AND UNUSUAL PUNISHMENT IN DELIBERATE INDIFFERENCE TO THE SERIOUS MEDICAL NEEDS OF PLAINTIFFS, IN VIOLATION OF U.S. CONST. AMEND V, VIII, AND XIV, PROTECTED THROUGH 42 U.S.C. § 1983. 183. Plaintiffs LIGONS, MICHAELSON, et al, reallege and reincorporate each and every claim and averment above and incorporate them below. 184. MN DOC protocols require that HCV infections progress to the point of causing cirrhosis or scarring of the liver when the FDA-designated HCV “breakthrough” drugs are equally effective for patients at all levels of viral infections. 185. AASLD/ASID, CDC, VA, U.S. Public Health Service and the FBOP June 2014 protocol do not differentiate between HCV patients with respect to viral load, or those who have tested positive for HCV without fibrosis, cirrhosis, or liver cancer, or those who have fibrosis, cirrhosis, or liver cancer. 186. The State of Minnesota Department of Human Services (MDHS) authorizes use of the one pill per day, twelve week protocol cure of Sovaldi or Harvoni to MDHS patients and clients who suffer the comorbidities of HIV and HCV, without requiring as a precondition chemical dependency treatment, a set viral
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load, or manifest liver fibrosis, liver scarring, cirrhosis of the liver, or liver cancer. 187. The MN DOC policy of differential treatment for HCV patients, waiting to
treat HCV sufferers when they reach a set viral load, or manifest liver fibrosis, liver scarring, cirrhosis of the liver, or liver cancer, lacks rational basis under prevailing science and medicine, and manifests deliberate indifference to the serious medical needs of Plaintiffs LIGONS and MICHAELSON, and all other similarly situated plaintiffs suffering from HCV, in defiance of clearly established law. 188. The MN DOC policy of refusal to treat HCV infection of inmates until manifesting in liver fibrosis, liver scarring, cirrhosis of the liver, or liver cancer lacks rational basis in violation of Plaintiffs’ rights to equal protection of the laws under U.S. Const. amend. V and XIV, and right to freedom from cruel and unusual punishment under U.S. Const. amend. VIII and XIV, for which 42 U.S.C. § 1983 provides declaratory, equitable, and legal remedies. 189. These allegations constitute averments of imminent danger of serious physical, medical injury.
CLAIM XIV TITLE II OF THE ADA AS AMENDEND AGAINST MINNESOTA DEPARTMENT OF CORRECTIONS 190. Plaintiffs reallege and reassert each and every claim and averment above. 191. The MINNESOTA DEPARTMENT OF CORRECTIONS, by and through Defendants ROY, PAULSON, LARSON, QUIRAM, HANSON, DOES A – J in their respective official capacities, and through the actions of the
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agents, employees, representatives, or medical staff of CENTURION, discriminated against Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs, and caused them to be excluded from participation in programs and denied access to services in the Minnesota Department of Corrections systems, specifically and without limitation MCF Stillwater and MCF Faribault, because of their disabilities – hepatitis C – in violation of Title II of the Americans with Disabilities Act as Amended, more especially in view of the availability of the lifesaving one pill per day twelve week protocol cure of Sovaldi or Harvoni to patients or benefit recipients of the Minnesota Department of Human Services. 192. These allegations constitute averments of imminent danger of serious physical, medical injury. 193.
CLAIM XV § 504 OF THE REHABILITATION ACT OF 1973 AGAINST MINNESOTA DEPARTMENT OF CORRECTIONS AND CENTURION, JOINTLY AND SEVERALLY 194. Plaintiffs reallege and reassert each and every claim and averment above. 195. The MINNESOTA DEPARTMENT OF CORRECTIONS, by and through Defendants ROY, PAULSON, LARSON, QUIRAM, HANSON, DOES A – J in their respective official capacities, and Defendant CENTURION, through the actions of its agents, employees, representatives, or medical staff, jointly and severally, discriminated against Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs, and caused them to be excluded from participation in
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federally subsidized programs and denied access to services in the Minnesota Department of Corrections systems, specifically and without limitation MCF Stillwater and MCF Faribault, because of their disabilities – hepatitis C – in violation of § 504 of the Rehabilitation Act of 1973, more especially in view of the availability of the life-saving one pill per day twelve week protocol cure of Sovaldi or Harvoni to patients or benefit recipients of the Minnesota Department of Human Services.
CLAIM XVI U.CONST. AMEND. VIII AND XIV 196. Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs reallege and reassert each and every claim and averment above. 197. Defendants PAULSON, LARSON, QUIRAM, HANSON, AND CENTURION, jointly and severally, through their (a) decisions to deny Plaintiffs LIGONS and MICHAELSON the twelve-week, one pill per day regimen that is the hepatitis-C medical treatment community standard of care, (b) their decisions to deny lifesaving, curative care of Plaintiffs’ hepatitis C infections for administrative convenience by imposition of irrational, not medically based criteria limiting lifesaving twelve-week, one pill per day regimen, and (c) their decisions to deny lifesaving, curative, one pill per day, twelve week regimen that is the hepatitis C medical treatment community standard of care on the basis of cost and not the serious medical needs of the plaintiffs and the foreseeable needs of the community at large to be protected from exposure to hepatitis-C-infected blood, demonstrate
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deliberate indifference to the serious medical needs of Plaintiffs LIGONS and MICHAELSON, and thereby violate their right to be free from cruel and unusual punishment under U.S. Const. amend. VIII and XIV, for which 42 U.S.C. § 1983 provides declaratory, equitable, and legal remedies. 198. Defendants PAULSON, LARSON, QUIRAM, HANSON, AND CENTURION, jointly and severally, through their decisions to deny Plaintiffs the twelve-week, one pill per day regimen that is the hepatitis-C medical treatment community standard of care, demonstrate deliberate indifference to the serious medical needs of Plaintiffs and thereby violate their right to be free from cruel and unusual punishment under U.S. Const. amend. VIII and XIV, for which 42 U.S.C. § 1983 provides declaratory, equitable, and legal remedies. 199. These allegations constitute averments of imminent danger of serious physical, medical injury.
CLAIM XVII § 504 OF THE REHABILITATION ACT OF 1973 AGAINST MINNESOTA DEPARTMENT OF CORRECTIONS AND CENTURION OF MINNESOTA, L.L.C., JOINTLY AND SEVERALLY 200. Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs reallege and reassert each and every claim and averment above. 201. Defendants MINNESOTA DEPARTMENT OF CORRECTIONS AND CENTURION, jointly and severally, through their (a) decisions to deny Plaintiffs LIGONS and MICHAELSON the twelve-week, one pill per day regimen that is
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the hepatitis-C medical treatment community standard of care, (b) their decisions to deny lifesaving, curative care of Plaintiffs’ hepatitis C infections for administrative convenience by imposition of irrational, not medically based criteria limiting lifesaving twelve-week, one pill per day regimen, and (c) their decisions to deny lifesaving, curative, one pill per day, twelve week regimen that is the hepatitis C medical treatment community standard of care on the basis of cost and not the serious medical needs of the plaintiffs and the foreseeable needs of the community at large to be protected from exposure to hepatitis-C-infected blood, demonstrate discriminatory exclusion of plaintiffs from the benefits of federally funded services because of their disabilities, in violation of § 504 of the Rehabilitation Act of 1973. 202. These allegations constitute averments of imminent danger of serious physical, medical injury.
CLAIM XVIII TITLE II OF THE ADA V. MINNESOTA DEPARTMENT OF CORRECTIONS 203. Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs reallege and reassert each and every claim and averment above. 204. Defendant MINNESOTA DEPARTMENT OF CORRECTIONS through the decisions of its agents, employees, representatives, or officers, (a) to deny Plaintiffs LIGONS and MICHAELSON the twelve-week, one pill per day regimen that is the hepatitis-C medical treatment community standard of care, (b) to deny lifesaving, curative care of Plaintiffs’ hepatitis C infections for administrative
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convenience by imposition of irrational, not medically based criteria limiting lifesaving twelve-week, one pill per day regimen, and (c) to deny lifesaving, curative, one pill per day, twelve week regimen that is the hepatitis C medical treatment community standard of care on the basis of cost and not the serious medical needs of the plaintiffs and the foreseeable needs of the community at large to be protected from exposure to hepatitis-C-infected blood, demonstrate discriminatory exclusion of plaintiffs from the benefits of public services because of their disabilities, in violation of Title II of the ADA. 205. These allegations constitute averments of imminent danger of serious physical, medical injury. RELIEF DEMANDED WHEREFORE Plaintiffs LIGONS, MICHAELSON, and all similarly situated Plaintiffs pray for the following relief: 1. Judgment against the Defendants, jointly and severally; 2. Certification of the classes and subclasses of Plaintiffs named above; 3. For the named Plaintiffs and members of the Plaintiff classes and subclasses, Declaratory Judgment that the Defendant MINNESOTA DEPARTMENT OF CORRECTIONS hepatitis C policy violates Title II of the Americans with Disabilities Act as Amended, § 504 of the Rehabilitation Act of 1973, U.S. Const. amend. VIII and XIV through 42 U.S.C. § 1983, and Minn. Const. Art. I, §§ 2, 5, and 7, through Minn. Const. Art. I, § 8; 4. For the named Plaintiffs and members of the Plaintiff classes and subclasses,
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a. Permanent injunction against the perpetuation of the MN DOC forty-eight week hepatitis C treatment protocol using toxic Interferon injections;
b. Permanent injunction against the perpetuation of the MN DOC hepatitis C treatment protocol that conditions hepatitis C treatment on prior completion of chemical dependency treatment;
c. Permanent injunction against the perpetuation of the MN DOC hepatitis C treatment protocol that withholds anti-viral medication treatment for inmates until the inmate presents evidence of liver fibrosis, liver scarring, cirrhosis of the liver, or liver cancer;
d. Permanent injunction against the perpetuation of the MN DOC hepatitis C treatment protocol that does not administer anti-viral hepatitis C medication to inmates with twelve or more weeks in MN DOC custody immediately upon a positive test for HCV; and
e. Permanent injunction against any MN DOC policy that does not test inmates upon intake for HCV, as MN DOC does for HIV/AIDS;
5. For Plaintiffs LIGONS and MICHAELSON, equitable relief to order the immediate commencement of the one pill per day, twelve week hepatitis C treatment that uses the medication Sovaldi in accordance with the Federal Bureau of Prisons June 2014 hepatitis C treatment protocol – or with other one pill per day medications that the Federal Bureau of Prisons, the FDA, the CDC, the Surgeon General of the United States Public Health Service has approved for treatment of hepatitis C since June 2014, WITHOUT first requiring plaintiffs to undergo
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chemical dependency treatment; 6. For Plaintiffs ROE, MILES, AND STILES, (a) identification of all MN DOC
inmates with twelve or more weeks remaining in their sentences who where denied hepatitis C treatment since December 2013 with the one pill per day, twelve week protocol which the Federal Bureau of Prisons approved in June 2014, (b) identification of all MN DOC inmates with twelve or more weeks remaining in their sentences who where denied hepatitis C treatment since December 2013 for noncompletion of chemical dependency treatment, (c) provision of the one pill per day, twelve week hepatitis C treatment protocol which the Federal Bureau of Prisons approved in June 2014 to all inmates with twelve or more weeks left in their sentences who test positive for hepatitis C, (d) screening of all current MN DOC inmates for hepatitis C immediately, (e) immediate screening of all newly admitted MN DOC inmates for hepatitis C, consistent with the screening protocols for HIV/AIDS virus; 7. For Plaintiffs LIGONS and MICHAELSON, an award of appropriate compensatory damages against Defendants, jointly and severally, for all claims for which compensatory damages are available, in an amount to be determined by jury; 8. For Plaintiffs LIGONS and MICHAELSON, an award of punitive damages against the Defendants sued in their respective individual capacities, and CENTURION OF MINNESOTA, L.L.C. for claims arising under U.S. Const. amend. VIII and XIV, in an amount to be determined at trial by jury; 9. Prejudgment interest;
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10. Postverdict interest;
11. Costs and disbursements;
12. Reasonable attorney fees in accordance with 42 U.S.C. § 1988; and
13. Such other relief as the court deems just and equitable.
PLAINTIFFS DEMAND JURY TRIAL ON ALL CLAIMS TRIABLE TO THE JURY.
Date: 3 June 2015 Respectfully submitted:
PETER J. NICKITAS LAW OFFICE, L.L.C.
/s/Peter J. Nickitas
______________________________________ Peter J. Nickitas, MN Att’y #212313 Attorney for the Plaintiffs 431 S. 7th St., Suite 2446 P.O. Box 15221 Minneapolis, MN 55415-0221 612.440.7285 (o)/651.238.3445 (m)/1.888.389.7890 (f) peterjnickitaslawllc@gmail.com
AS AMICUS CURIAE:
INTERNATIONAL HUMANITARIAN LAW INSTITUTE
/s/Peter J. Nickitas

Date: 3 June 2015

__________________________________________________ Peter J. Nickitas, MN Att’y #212313 Litigation Director, Int’l Humanitarian Law Institute C. Peter Erlinder, Prof. (Ret.), Founding Director 325 Cedar St., Suite 308 St. Paul, MN 55101 651.340.1271/FAX 651.340.0357/proferlinder@gmail.com IL Att’y #3124291/8th Cir. Adm’n: 11/06/1984 Pro bono post-conviction counsel for Ronaldo Ligons, State v. Ligons, 9200218, A06-2371, and A07-0957; and Ligons v. King, 11-1630 (8th Cir. 2011)

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 CASE 0:15-cv-02210-PJS-BRT Document 205 Filed 12/01/17 Page 1 of 24

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

RONALDO LIGONS,
BRENT BUCHAN, LAWRENCE MAXCY,
JOHN ROE and JANE ROE,

Civil No. 15-2210 (PJS/BRT)
Third Amended Class Action Complaint

Individually, and on behalf of those similarly situated,

Plaintiffs,

V.

MINNESOTA DEPARTMENT OF CORRECTIONS,

THOMAS ROY, In his official capacity as Commissioner, Minnesota Department of Corrections;

DAVID A. PAULSON, M.D., In his official capacity as Medical Director, Minnesota Department of Corrections;

NANETTE LARSON, In her official capacity as Health Services Director, Minnesota Department of Corrections,

Defendants.

_______________________________________

THIRD AMENDED CLASS ACTION COMPLAINT 1. Plaintiffs Ronaldo Ligons, Brent Buchan, Lawrence Maxcy, John Roe and Jane Roe bring this
complaint against the Minnesota Department of Corrections (“MN DoC”) and Thomas Roy (Commissioner, Minnesota Department of Corrections), Dr. David A. Paulson, M.D. (Medical Director, Minnesota Department of Corrections), and Nanette Larson (Health Services Director, Minnesota Department of Corrections). Defendants Roy, Paulson, and Larson are sued in their official capacities. Plaintiffs seek declaratory and prospective injunctive relief, on
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their own behalves and on behalf of all others similarly situated, under the Eighth Amendment of the U.S. Constitution and 42 U.S.C. § 1983, and under the Americans with Disabilities Act, 42 U.S.C. § 12131, et. seq.
Background
2. Defendants created and maintain a policy and practice that delays and denies necessary medical care to over 1,000 Minnesota prisoners with chronic viral hepatitis C (“chronic HCV”).
3. Chronic HCV is cured by treatment with Direct Acting Antiviral (“DAA”) medications. 4. Defendants’ failure to test for and treat chronic HCV manifests deliberate indifference to a
serious medical need, and is cruel and unusual punishment in violation of the medical standard of care and the Eighth Amendment. 5. The standard of care endorsed by practitioners, major medical associations, and care providers requires testing and the immediate treatment of all with chronic HCV, with limited exceptions. This is the medical standard of care for HCV. 6. Governmental and private health insurance programs and plans provide access to DAA medications to patients with chronic HCV. 7. Defendants’ policies and practices deviate from the recognized medical standard of care:
a) Contrary to the medical standard of care, the MN DoC has no program for the systemic testing of the prison population for HCV and does not test all prisoners with risk factors for the disease upon their entry into custody.
b) Contrary to the medical standard of care, the MN DoC policy does not treat all with chronic HCV with DAA medications.
8. Defendants discriminate against untreated prisoners with chronic HCV by refusing to follow the medical standard of care for people with chronic HCV while providing testing and medical standard of care treatment to prisoners with other diseases, including HIV.
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9. Those with chronic HCV left untreated are people who would have public and private access to the cure were they not incarcerated. Their sentences include the extra-judicial punishment of being deprived of an available cure, while their disease advances.

Jurisdiction and Venue
10. The Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1343(a)(3), as Plaintiffs’ claims under 42 U.S.C. § 1983 and 42 U.S.C. §§ 12131, et. seq. and 12205 arise under the Constitution and Laws of the United States.
11. Venue is proper in this District pursuant to 28 U.S.C. § 1391, because defendants are residents of the District of Minnesota.
12. The acts and omissions giving rise to plaintiffs’ claims occurred in this District.

BRENT CHARLES BUCHAN

Plaintiffs

13. Plaintiff BRENT CHARLES BUCHAN is a prisoner in MN DoC custody, currently detained

at Minnesota Correctional Facility (“MCF”) Lino Lakes.

14. He has chronic HCV, which MN DoC has not treated with DAA medication.

15. His fibrosis level is stage 2.

16. MR. BUCHAN is scheduled for release on February 24, 2020.

LAWRENCE AUGUSTINE MAXCY 17. Plaintiff LAWRENCE AUGUSTINE MAXCY is a prisoner in MN DoC custody, currently
detained at MCF Faribault.
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18. He has chronic HCV, which MN DoC has not treated with DAA medication. 19. His fibrosis level is stage 1 or 2. 20. MR. MAXCY is scheduled for release on January 12, 2021.
RONALDO SYLVESTER LIGONS 21. Plaintiff RONALDO LIGONS is a prisoner in MN DoC custody, currently detained at MCF,
Faribault, Minnesota. 22. MR. LIGONS was infected with chronic HCV while in MN DoC custody. 23. At the outset of this lawsuit, MR. LIGONS was untreated for Hepatitis C 24. Beginning February 2017, Defendants chose to treat Plaintiff LIGONS for HCV infection. 25. MR. LIGONS is scheduled for release on November 21, 2019.
JOHN ROE and JANE ROE. 26. JOHN ROE and JANE ROE are prisoners in MN DoC custody who have chronic
HCV, which MN DoC has not treated with DAA medication. 27. They have two years or more left to serve before their projected releases.
28. Each of the above-named plaintiffs has exhausted all administrative remedies available to them, in accordance with 42 U.S.C. § 1997e(a).
29. Plaintiffs bring this action on their own behalves and on behalf of all prisoners in MN DoC custody who have chronic HCV, who have not received treatment with DAA medication.
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Defendants MINNESOTA DEPARTMENT OF CORRECTIONS 30. Defendant MINNESOTA DEPARTMENT OF CORRECTIONS (“MN DoC”), is an agency of the state of Minnesota, with its Central Office and principal place of business and headquarters in the city of St. Paul, Ramsey County, State of Minnesota. 31. MN DoC is a recipient of federal funds.
THOMAS ROY 32. Defendant THOMAS ROY, the Commissioner of the Minnesota Department of Corrections,
is sued in his official capacity. 33. At all times relevant to this action, Commissioner Roy was responsible for MN DoC policy and
administration, and for the supervision of MN DoC staff. 34. At all times relevant to this action, Commissioner Roy acted and will continue to act under
color of state law.
DAVID PAULSON, M.D. 35. Defendant DAVID A. PAULSON, M.D. is the Medical Director of MN DoC, with his office
in the Central Office of MN DoC. 36. As the Medical Director, he is responsible for medical services within the MN DoC system. 37. Defendant Paulson is the author of, and the final authority for interpretation and execution of,
the MN DoC’s current Hepatitis C treatment policy, effective January 2016. (Minnesota Department of Corrections Guidelines for Evaluation and Management of Chronic Hepatitis C (HCV) Infection (“MN DoC HCV Policy”), Bates No. DOC Ligons.Michaelson 0004080. A
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true and correct copy of MN DoC HCV Policy attached as Exhibit 1. 38. Under this policy, Defendant Paulson determines who receives HCV treatment and who does
not. Plaintiffs sue Defendant Paulson in his official capacity for actions taken as Medical Director, MN DoC. 39. At all times relevant to this action, Defendant Paulson acted and will continue to act under color of state law.
NANETTE LARSON 40. Defendant NANETTE LARSON is the Director of Health Services, with her office in the
Central Office of MN DoC. 41. Defendant Larson supervises the MN DoC medical staff, including Dr. Paulson. (March 28,
2017 Affidavit of David Paulson, Docket No. 108, at 3.) 42. Plaintiffs sue Defendant Larson in her official capacity as Director of Health Services, MN
DoC. 43. On information and belief after reasonable inquiry, grievances arising from the denial of
medical care, and the denial of Plaintiffs’ requested medical care by MN DoC staff that are appealed to the Central Office, are reviewed and ruled upon by Defendant Larson, in consultation with Defendant Paulson. 44. Defendant Larson is the last authority to approve or deny a medical grievance of an inmate before exhaustion of administrative remedies takes place. 45. Defendants Paulson and Larson, jointly and severally, denied Hepatitis C treatment with directacting antiviral medication to Plaintiffs Buchan, Maxcy, Roe, and Roe, and until 2017 to Plaintiff Ligons. 46. At all times relevant to this action, Defendant Larson acted and will continue to act under color
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of state law.
HCV
47. Hepatitis C is a contagious viral infection that attacks the liver and causes hepatitis, or liver inflammation. It is spread primarily through contact with infected blood. (See HCV Guidance: Recommendations for Testing, Managing, and Treating Hepatitis C (“the National Guidelines”), a protocol jointly prepared by the American Association for the Study of Liver Disease and the Infectious Disease Society of America and most recently revised on September 21, 2017.) A true and correct copy of the National Guidelines is attached as Exhibit 2.
48. Hepatitis C infections can be either acute or chronic. A small percentage of people who are exposed to infected blood develop an acute infection that their bodies resolve without medical treatment. A significant majority of people who develop acute HCV go on to develop chronic HCV.
49. Chronic HCV is a serious medical need, regardless of the stage to which the disease has progressed.
50. Liver inflammation caused by chronic HCV can significantly impair liver function and damage its role in digestion, filtering toxins from the blood, preventing disease, and supporting the body’s metabolic processes.
51. People with chronic HCV can develop fibrosis of the liver, a process by which healthy tissue is replaced with scarring.
52. Fibrosis reduces liver function, because scar tissue cannot perform the functions of healthy liver cells.
53. When scar tissue begins to take over the liver, this fibrosis is called cirrhosis. 54. Cirrhosis is irreversible.
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55. Of those with untreated chronic HCV, 70 to 90% will develop chronic liver disease. 56. Of those with untreated chronic HCV, half or more will develop cirrhosis. 57. Chronic HCV can cause additional painful complications. 58. These include body-wide arthritic pain, kidney disease, jaundice, internal bleeding, fluid
retention with edema, abdominal ascites (the accumulation of fluid in the peritoneal cavity), mental confusion, and extreme fatigue. 59. Postponing treatment increases the likelihood of cirrhosis, liver cancer, and death for those with chronic HCV 60. The severity of liver damage is commonly described by the Metavir fibrosis score, which assigns a number from 0 to 4 to correspond to the degree of scarring/fibrosis. 61. Because of inaccuracies in some of the commonly used tests, low fibrosis scores do not necessarily correlate with minor liver damage. 62. The progression of chronic HCV through these stages is not linear. Its pace varies from individual to individual, and from stage to stage.
Standard of Care
63. Chronic HCV is a curable disease. Cirrhosis of the liver is not. 64. The standard of care endorsed by practitioners, major medical associations, and care providers
requires testing and the immediate treatment of all with chronic HCV, with limited exceptions. 65. The only exceptions are patients “with a short life expectancy that cannot be remediated by
HCV therapy, liver transplantation, or other similar directed therapy.” National Guidelines, Exhibit 2. 66. The American Association for the Study of Liver Diseases (“AASLD”), the Infectious Diseases Society of America (“SDSA”), and the Centers for Disease Control and Prevention (“CDC) are
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recognized authorities on the treatment of chronic HCV. They all recommend the medical standard of care of testing and treatment of all with chronic HCV. 67. Defendant Paulson considers the National Guidelines a helpful resource, and consulted them in developing the MN DoC Policy for treatment of prisoners with chronic HCV. 68. Testing subpopulations at higher risk of carrying HCV for the presence of chronic HCV is a component of the medical standard of care, as recommended by the National Guidelines. 69. These subpopulations for testing include all persons born between 1945 and 1965, all persons who have ever used illicit drugs either by injection or intranasally, all with HIV, and all persons who were ever incarcerated. 70. Depending on the risk factor, regular retesting is recommended.
Testing and Diagnosis
71. Separate testing protocols are used to determine the presence or absence of chronic HCV in a patient and the degree to which the disease has progressed.
72. Three inexpensive tests determine the presence or absence of chronic HCV. The three tests are: 1) HCV antibody, 2) HCV nucleic acid, and 3) HCV RNA.
73. The tests for determining the disease’s progression include two blood tests, AST to Platelet Ration Index (“APRI”), and FIB-4, each of which compare ratios of enzymes and a platelet count. They also include Fibroscan, an ultrasound technology, and liver biopsy, a surgical procedure.
74. Defendant MN DoC no longer uses biopsies to assess the extent of fibrosis. 75. The APRI test and resulting scores are known to be inaccurate. 76. Although a very high APRI score reliably predicts the presence of severe liver damage, low and
mid-range scores miss many with significant cirrhosis.
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77. For example, more than 90% of people with chronic HCV and APRI scores of 2.0 or higher have cirrhosis, but more than 50% of the people with cirrhosis have APRI scores at or below 2.0.
78. Using a person’s APRI score alone to determine the severity of HCV disease progression and as the deciding factor for treatment manifests deliberate indifference to the person’s serious medical need for treatment.
79. Once diagnosed, chronic HCV is treated with DAA medications. 80. The medical standard of care for treatment of chronic HCV is to begin DAA treatment upon
diagnosis. 81. Defendants do not follow this standard of care of treating prisoners diagnosed with HCV.
Instead, Defendants consider only for treatment those prisoners believed to be at fibrosis stages 3 and 4, and prisoners at stage 2 with specific co-occurring conditions. 82. If the cost of DAA medications was inexpensive, such as $1, the MN DoC would treat those diagnosed with chronic HCV. 83. Most DAA treatment consists of taking a pill once or twice a day, for twelve or fewer weeks. 84. In 95% or more cases, treatment with DAA medication cures the disease. 85. The medical standard of care, as reflected in the National Guidelines, recommends against rationing or prioritizing access to treatment with DAA medications. 86. Immediate treatment benefits people at all stages of fibrosis. 87. Immediate DAA treatment is associated with a decrease in liver inflammation, a reduction in the rate of cirrhosis progression, the reduction or elimination of painful side effects, a reduction in the rate of liver cancer of more than 70%, a 90% reduction in the risk of liver-related mortality, and a dramatic improvement in quality of life.
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88. Benefits arise from the treatment of people at early stages of chronic HCV progression, including those at fibrosis stages 0 and 1.
89. Delaying treatment decreases the benefits associated with DAA treatment.
Eliminating HCV
90. Like polio and smallpox before it, hepatitis C can be eliminated as a threat to public health. (See National Academies of Science, Engineering, and Medicine, Eliminating the Public Health Problem of Hepatitis B and C in the United States: Phase One Report (April 2016), and A National Strategy for the Elimination of Hepatitis B and C: Phase Two Report (March 2017 (concluding that the elimination of viral hepatitis as a public health problem in the United States is possible by 2030).)
91. Curing all chronic HCV infections, and thereby reducing the opportunities for the infection or reinfection of others, is a central component of the elimination of HCV.
92. Prisoners as a population bear a disproportionate burden of viral hepatitis. 93. The National Academies recommend that the national practice guidelines for HCV testing and
treatment be followed in correctional facilities. 94. The controlled prison environment makes diagnostic testing and treatment compliance easier to
accomplish than in the general population. 95. The National Academies conclude that the success of the overall elimination effort may depend
on reaching imprisoned patients. HCV in Minnesota Prisons
96. Approximately 1% of the United States’ population has chronic HCV. 97. The prevalence of chronic HCV in prison populations is several times higher than in the
general population.
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98. According to the “An Overview of Hepatitis C in Prisons and Jails, National Hepatitis Corrections Network” (Feb. 22, 2016), between 12% and 35% of the national prison population is infected with the virus. A true and correct copy of this Overview is attached as Exhibit 3.
99. MN DoC estimates that 10-15% of the Minnesota prison population is infected with chronic HCV.
100. Defendants have not tested all of the MN DoC prison population for chronic HCV. 101. The actual number of MN DoC prisoners with chronic HCV is unknown. 102. According to the public report, Minnesota Department of Corrections Adult Prison Population
Summary, July 1, 2017, the adult prison population in MN DoC facilities is 10,111. A true and correct copy of this Population Summary is attached as Exhibit 4. 103. Using the National Overview data (Exhibit 3), it is estimated that Minnesota has 1,213 to 3,539 prisoners with chronic HCV. 104. Using the MN DoC’s estimate and Prison Population Summary (Exhibit 4), it is estimated that Minnesota has 1,011 to 1,517 prisoners with chronic HCV. 105. Defendant MN DoC reports that it “is currently tracking more than 400 offenders who are positive for Hepatitis C.” (Defendant MN DoC’s Budget for 2018-19, Bates No. DOC Ligons.Michaelson 0004869, 4880.) A true and correct copy of this budget is attached as Exhibit 5. 106. As of March 28, 2017, the MN DoC had treated roughly 66 prisoners with DAA medications. 107. MN DoC has denied treatment to as many as 98.1% of its prisoners with chronic HCV, using the National Overview estimate, or to 93.5%, using its own estimates. 108. Not treating prisoners with chronic HCV threatens the health and safety of other prisoners and prison staff.
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109. Approximately 90% or more of Minnesota’s prisoners will be released into the community. 110. When existing prisoners are released to the general population with chronic HCV that has not
been treated, they threaten the health and safety of the general population. 111. Defendants claim to follow what they call a “correctional standard of health care” to diagnose
and treat prisoners with HCV. 112. Defendants’ “correctional standard of health care” is not the same as the medical standard of
care. 113. Defendants’ “correctional standard of health care” provides a lower level of care than the
medical standard of care. 114. Unlike the medical standard of care, Defendants’ “correctional standard of health care” for
prisoners with chronic HCV does not provide immediate treatment with DAA medications to all prisoners with chronic HCV. 115. Defendant Paulson is the author of, and final authority for interpretation and execution of, the Minnesota Department of Corrections’ current Hepatitis C treatment policy, effective January 2016. MN DoC HCV Policy, Exhibit 1. 116. The MN DoC HCV Policy only allows for HCV testing of incoming prisoners if they ask for it (“opt-in testing”). At intake, the Policy directs MN DoC staff to explain the HCV risk factors and to recommend that offenders request blood testing if they have any of its risk factors. MN DoC HCV Policy, Exhibit 1. 117. Being a prisoner, or having ever been a prisoner, is a recognized risk factor for HCV under the National Guidelines. Exhibit 2. 118. Defendant Paulson does not consider being in custody to be a risk factor for HCV. 119. As described in Exhibit 1, incoming prisoners who ask for HCV testing are first given a screening test for the HCV antibody. If that test is positive, a second, HCV RNA test is given
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to determine if there is an active infection. 120. People who are determined to have HCV receive an initial health evaluation, including
additional testing at the discretion of the practitioner. 121. Prisoners with chronic HCV are responsible for arranging for reevaluations of their condition. 122. DAA treatment of prisoners with chronic HCV is discretionary. 123. Based on the updated Hepatitis C Case Reports and additional clinical information, Defendant
Paulson, the DoC Medical Director, may authorize patient-specific antiviral treatment. 124. The MN DoC HCV Policy states that DAA treatment is reserved to two groups of infected
prisoners: offenders with advanced fibrosis (stage 3-4); or for offenders with mild fibrosis (stage 2) who have concurrent hepatitis B or HIV infection or end organ damage caused by HCV infection. 125. The MN DoC HCV Policy also allows for the discretionary deferral of treatment for prisoners who would otherwise qualify. 126. The MN DoC HCV policy contravenes the National Guidelines, which with few exceptions call for the immediate DAA treatment of all people infected with chronic HCV. 127. Defendant MN DoC, Defendant Paulson and Defendant Larson have refused to prescribe DAA medications in accordance with the National Guidelines, and have refused to require testing of all inmates for HCV.
HCV Treatment Cost 128. Cost is the principal reason that DAA medications are withheld from most MN DoC prisoners
with chronic HCV. 129. Defendants make treatment decisions for prisoners based on the cost of the DAA treatment.
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MN DoC Treatment of Other Conditions 130. Defendants follow the medical standard of care for prisoners with HIV. 131. Defendants do not follow the medical standard of care for prisoners with chronic HCV. 132. MN DoC diagnoses and treats inmates with the life-threatening, incurable blood-borne
infection HIV/AIDS according to the medical standard of care, but discriminates against inmates with the life-threatening, but curable, blood-borne HCV infection by limiting testing and treatment to internal protocols of Defendant MN DoC. 133. Medical care of Prisoners in MN DoC custody is regulated by a contract with the provider, Centurion of Minnesota LLC, under the provisions of Contract 70449 (“the Contract”), as amended. A true and correct copy of the Contract is attached as Exhibit 6. Defendant Paulson participated in the creation, and oversees the execution, of the Contract. 134. MN DoC provides “infectious disease screenings” upon inmates’ intake. This screening for HIV/AIDS takes place regularly. Intake screening does not automatically include testing for the presence of HCV. 135. MN DoC treats prisoners infected with HIV/AIDS in accordance with the applicable medical standard of care, and does not follow a lesser standard for those in prison. “The contractor shall provide all treatment of HIV/AIDS in a manner consistent with applicable standards of medical care, including CDC guidelines and Twin Cities’ area community standard of care.” (The Contract, Exhibit 5, Attachment 1 (On-Site Services).) 136. MN DoC does not follow the same standard of care for treatment of chronic HCV. It instead limits diagnosis and treatment services to the treatment guidelines and Hepatitis C treatment protocols established by the DoC., as described in Exhibit 5 (the Contract). 137. The current MN DoC treatment protocol is inconsistent with the medical standard of care in the following ways:
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a. The MN DoC HCV Policy has no provision for opt-out testing for the presence of chronic HCV, either of prisoners entering custody or of the existing custodial population.
b. It uses unreliable and underinclusive testing to develop an estimate of the disease progression and considers for treatment only prisoners at the highest stages of liver disease and cirrhosis.
c. It does not treat all prisoners diagnosed with chronic HCV. d. Cost is a factor in ordering treatment. e. The recommended treatment for prisoners is different than the recommended
treatment for non-prisoners. 138. In so doing, it denies the recognized benefits of early treatment to prisoners whose disease
progression is less advanced. 139. In denying DAA treatment to prisoners with chronic HCV, Defendants manifest deliberate
indifference to the serious medical need for treatment. Community Access to DAA Treatment
140. As shown in MN DoC Policy 105.170, MN DoC staff exposed to blood-borne pathogens including HCV are given immediate access to testing and treatment, at no cost to the employee. A true and correct copy of this policy is attached as Exhibit 7.
141. Access to treatment consistent with the medical standard of care would be available to MN DoC prisoners were they not incarcerated.
142. Medicare, Medicaid, Minnesota Care, the U.S. Department of Veterans Affairs, and major private health insurance providers including Blue Cross and Blue Shield of Minnesota all provide access to DAA medications to people with chronic HCV, except for those with short life expectancies that will not be improved by DAA or other treatment.
143. For Minnesota prisoners who fall within the scope of the medical standard of care but outside of the MN DoC’s guidelines, a sentence of imprisonment includes an extra-judicial punishment of a preclusion of treatment for a life-threatening condition.
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Class Action Allegations
144. Plaintiffs bring these claims on behalf of themselves, and others similarly situated, pursuant to Federal Rule of Civil Procedure 23(a) and 23(b)(2).
145. Plaintiffs seek to certify a class of all current and future persons in MN DoC custody who have or will have chronic HCV (“the Plaintiff Class”).
146. Identical or substantially similar classes have been certified in the Northern District of Florida, Hoffer v. Jonas, 4:17-cv214 (MW/CAS) (Docket No. 152, November 17, 2017), the Middle District of Tennessee, Graham v. Parker, 3-16-cv-01954, 2017 WL 1737871 (May 4, 2017), and the District of Massachusetts, Fowler v. Turco, 15-cv-12298-NMG (by consent of the parties) (Docket Nos. 42, 46, July 22, 2016), and the Western District of Missouri, Postawko v. Missouri Department of Corrections, 2:16-CV-04219 (NKL) (2017 WL 3185155 (July 26, 2017)(appeal pending).
147. Preliminary injunctive relief has also been ordered by District Courts around the country. (See Hoffer v. Jonas, 4:17-cv214 (MW/CAS)(N.D. Fl.) (Docket No. 153, November 17, 2017); AbuJamal v. Wetzel, 2017 WL 34700(M.D. Pa.).)
148. Plaintiffs seek declaratory and injunctive relief to provide them with testing and treatment with DAA medication for chronic HCV, and enjoin Defendants’ actions, policies and practices that infringe on their rights.
149. The requirements of Rule 23(a) are met by this action a. Numerosity –under F. R. Civ. P. 23(a)(1): i. National testing indicates an estimated current population of 1,213 to 3,539 MN DoC prisoners with chronic HCV. ii. A MN DoC study results in an estimated range of 1,011 to 1,517 infected prisoners.
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iii. Under either estimate, this class is so numerous that joinder of all members is impracticable. b. Commonality – under F. R. Civ. P. 23(a)(2):
i. Questions of law and fact are common to the entire class, because the Defendants’ actions are applicable to the entire class.
ii. These common questions include, but are not limited to: 1. What the appropriate medical standard of care is for a person with chronic HCV; 2. Whether the relevant medical standard of care requires DAA treatment for all inmates with chronic HCV; 3. Whether chronic HCV infection is a serious medical need; 4. Whether Defendants’ policy and practice of not providing DAA treatment to all inmates with chronic HCV constitutes deliberate indifference; 5. Whether Defendants have knowingly employed policies and practices that unjustifiably delay or deny chronic HCV treatment; 6. Whether Defendants have permitted cost considerations to improperly interfere with the treatment of prisoners with chronic HCV; 7. Whether chronic HCV is a disability under the ADA; 8. Whether medical services in MN DoC facilities are a program for service under the ADA; 9. Whether Defendants have discriminated against MN DoC inmates with chronic HCV with lower fibrosis scores on the basis of their condition by categorically denying them treatment consistent with the medical standard of care, while providing standard of care treatment for other diseases and conditions such as HIV.
c. Typicality –under F. R. Civ. P. 23(a)(3):
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i. Plaintiffs’ claims are typical of the claims of the class members they propose to represent. ii. The class representatives have been diagnosed with chronic HCV and have not received treatment, and as such are harmed by the Defendants’ practices and procedures as outlined in this complaint. iii. Plaintiffs’ claims arise from the same course of conduct that give rise to the claims of the class, and are based on the same facts and legal theories. d. Adequacy – under F. R. Civ. P. 23(a)(4): i. The class representatives and undersigned counsel will fairly and adequately represent the interests of the class. ii. The named plaintiffs are committed to obtaining declaratory and injunctive relief that will benefit themselves and the class, by ending Defendants’ unlawful and unconstitutional policies and practices. iii. Their interests are consistent, and not in conflict, with those of the class. iv. They are represented by experienced counsel. 150. Certification of the class under Rule 23 (b)(2) is proper, because Defendants have acted and failed to act on grounds generally applicable to the class, so that final declaratory and injunctive relief with regard to the class as a whole is appropriate. 151. The injunctive relief that is sought will end the policies and practices for all class members, allowing them to receive medically and legally appropriate evaluation and treatment for chronic HCV.
Count I: Eighth Amendment to the U.S. Constitution, 42 U.S.C. § 1983
152. Plaintiffs re-allege and incorporate paragraphs 1 - 151 above as if fully set forth.
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153. This count is brought under the Eighth Amendment of the U.S. Constitution, through 42 U.S.C. § 1983. The Eighth Amendment guarantees all citizens, including each Plaintiff and member of the class, the right to be free from cruel and unusual punishment.
154. Defendants’ acts and omissions in failing to provide adequate medical care and delaying care constitute deliberate indifference to the serious medical needs of prisoners with chronic HCV, violating the Eighth Amendment of the U.S. Constitution and 42 U.S.C. § 1983.
155. Defendants know of plaintiffs’ and class members’ serious medical needs, and intentionally have failed and refused to provide tests and treatment that will address these needs.
156. Defendants know that their failure to act has resulted and will result in continued suffering and exposure to liver disease and its symptoms. This includes the failure to test prisoners for HCV and to treat all those with chronic HCV.
157. By these policies and practices, Defendants subject Plaintiffs and class members to a substantial risk of serious harm and untimely death.
158. By denying Plaintiffs and class members medically necessary HCV treatment, treatment to which they would have access were they not incarcerated, Defendants impose punishment that violates community standards of decency, in excess of that authorized by law, all in violation of the Eighth Amendment.
159. As a direct and proximate cause of this deliberate indifference, Plaintiffs and class members have suffered and will continue to suffer harm in violation of their Eighth Amendment rights. These harms will continue, unless and until enjoined by this Court.
160. Under 42 U.S.C. § 1983, Plaintiffs and class members are entitled to a declaration that Defendants’ policies and practices violate the protections of the Eighth Amendment.
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161. Under 42 U.S.C. § 1983, Plaintiffs and class members are entitled to an injunction requiring Defendants to develop and implement policies and procedures that adequately provide for the serious medical needs of prisoners with chronic HCV.
Count II: Americans with Disabilities Act, 42 U.S.C. §12131, et. seq. 162. Plaintiffs re-allege and incorporate paragraphs 1 - 151 above as if fully set forth. 163. This count is brought under Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C.
§§ 12101, et. seq., and 12131-34, and the regulations that implement it. 164. Title II, Subtitle A of the ADA prohibits public entities from discriminating against persons
with disabilities in their programs, services, and activities. 42 U.S.C. §§ 12131-34. Regulations implementing these provisions appear in 28 C.F.R. Part 35. 165. 42 U.S.C. § 12131 defines “public entity” as “any state or local government” or “any department, agency . . . or other instrumentality of a State or States or local government.” 166. Defendant MN DoC is a public entity under 42 U.S.C. § 12131(1)(A) and (B) and 28 C.F.R. § 35.104. 167. Chronic HCV is a disability. 168. Chronic HCV is a physiological disorder or condition that affects one or more body systems and is therefore a physical impairment. 42 U.S.C. § 12102(1) and (2); 28 C.F.R. § 35.108 (a) and (b). 169. Chronic HCV is a physical impairment that substantially limits one or more major life activity, including the operation of major bodily functions and systems. 42 U.S.C. § 12102(2); 28 C.F.R. § 35.108(c).
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170. Each Plaintiff and class member is a qualified individual with a disability as defined by 42 U.S.C. § 12102(1) and 28 C.F.R. § 35.104.
171. Each Plaintiff and class member meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by MN DoC.
172. MN DoC subjects Plaintiffs and class members to discrimination by withholding medically appropriate, standard of care treatment that will likely cure their disability, while providing standard of care treatment to prisoners with different disabilities.
173. This discriminatory denial of treatment violates 42 U.S.C. § 12132 and its underlying regulations, which prohibit denial of the benefits of services, programs, or activities of a public entity because of a disability.
174. As a result of Defendant MN DoC’s violations of the ADA and its regulations, it is liable to Plaintiffs and class members for declaratory and injunctive relief, pursuant to 42 U.S.C. 12133, which incorporates the remedies provisions of 29 U.S.C. § 794a.
Request for Relief Wherefore, Plaintiffs demand the following relief: 1. An Order certifying this case as a class action under Rule 23(a), with the class defined under Rule 23(b)(2) as encompassing all current and future prisoners in MN DoC custody who have, or will have, chronic HCV. 2. A declaratory judgment holding that Defendants Roy (as MN DoC Commissioner), Paulson (as MN DoC Medical Director), and Larson (as MN DoC Health Services Director), have violated the Eighth Amendment of the U.S. Constitution and its prohibition of cruel and unusual
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punishment, by exhibiting deliberate indifference to the serious medical needs of Plaintiffs and class members. 3. A declaratory judgment holding that Defendant MN DoC has violated the rights of Plaintiffs and class members under the Americans with Disabilities Act. 4. An injunction ordering Defendants to develop and implement a plan to eliminate the substantial risk of serious harm that Plaintiffs and class members suffer due to the unconstitutional and unlawful policies and procedures outlined above. 5. An injunction requiring opt-out testing for HCV of all incoming MN DoC prisoners at intake, and of all MN Doc prisoners at regular intervals thereafter. 6. An injunction mandating the provision of appropriate DAA medication to all prisoners with chronic HCV, consistent with the medical standard of care. 7. An Order retaining jurisdiction over this matter, to monitor Defendants’ compliance with the foregoing and ensure that the terms of any injunction are fully implemented. 8. An Order setting a timetable for compliance, with a daily penalty for failure to comply with the Order. 9. An award of Plaintiffs’ attorneys’ fees, costs, and litigation expenses (including but not limited to expert fees, trial fees, and costs) against Defendants, under 42 U.S.C. § 1988, 42 U.S.C. § 12205, and 29 U.S.C. § 794a. 10. Such other relief as the Court deems equitable and just.

Dated: December 1, 2017

By: /s/ Andrew H. Mohring Michael V. Ciresi (MN #0016949) Katie Crosby Lehmann (MN #0257357) Andrew H. Mohring (MN #0190731) Ciresi Conlin LLP 225 South 6th Street, Suite 4600 Minneapolis, MN 55402 Telephone: 612.361.8200
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CASE 0:15-cv-02210-PJS-BRT Document 205 Filed 12/01/17 Page 24 of 24 Peter J. Nickitas (MN #0212313) Peter J. Nickitas Law Office, L.L.C. 431 South 7th Street, Suite 2446 Minneapolis, MN 55415 Telephone: 651.238.3445 C. Peter Erlinder (MN #0398765) Law Office of C. Peter Erlinder 1043 Grand Avenue West, Suite 228 St. Paul, MN 55105 Telephone: 651.271.4616 ATTORNEYS FOR PLAINTIFFS
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 CASE 0:15-cv-02210-PJS-BRT Document 317 Filed 01/03/19 Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

RONALDO LIGONS, BRENT BUCHAN, LAWRENCE MAXCY, JOHN ROE, and JANE ROE, individually, and on behalf of those similarly situated,
Plaintiffs,
v.
MINNESOTA DEPARTMENT OF CORRECTIONS; THOMAS ROY, in his official capacity as Commissioner, Minnesota Department of Corrections; DAVID A. PAULSON, M.D., in his official capacity as Medical Director, Minnesota Department of Corrections; and NANETTE LARSON, in her official capacity as Health Services Director, Minnesota Department of Corrections,
Defendants.

Case No. 15‐CV‐2210 (PJS/BRT) ORDER

Andrew H. Mohring, Michael V. Ciresi, Katie Crosby Lehmann, and Esther O. Agbaje, CIRESI CONLIN LLP; Peter J. Nickitas; and Carl Peter Erlinder, for plaintiffs.
Kathryn A. Fodness and Kelly S. Kemp, MINNESOTA ATTORNEY GENERAL’S OFFICE, for defendants.
Plaintiffs are inmates in the custody of defendant Minnesota Department of
Corrections (“DOC”) who have chronic hepatitis C (“HCV”) infections. They bring
claims under the Eighth Amendment and Title II of the Americans with Disabilities Act

CASE 0:15-cv-02210-PJS-BRT Document 317 Filed 01/03/19 Page 2 of 3
(“ADA”), 42 U.S.C. § 12131 et seq., on behalf of themselves and a putative class challenging the DOC’s treatment protocol for inmates with chronic HCV.
This matter is before the Court on defendants’ motion for summary judgment and plaintiffs’ motion for class certification. For reasons that will be described in a memorandum to be issued before trial, defendants’ motion is granted in part and denied in part and plaintiffs’ motion is granted as follows:
1. Defendants’ motion for summary judgment [ECF No. 219] is GRANTED IN PART and DENIED IN PART. a. The motion is GRANTED as to all claims by plaintiffs Ronaldo Ligons and Brent Buchan, and those claims are DISMISSED WITHOUT PREJUDICE. b. The motion is GRANTED as to claims seeking universal opt‐out screening for hepatitis C, and those claims are DISMISSED WITHOUT PREJUDICE. c. The motion is GRANTED as to plaintiff Lawrence Maxcy’s claim under the Americans with Disabilities Act, and that claim is DISMISSED WITH PREJUDICE AND ON THE MERITS. d. The motion is DENIED in all other respects.
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2. Any remaining claims for damages are DISMISSED WITHOUT PREJUDICE.
3. Plaintiffs’ motion for class certification [ECF No. 238] is GRANTED. 4. The Court hereby certifies the following class under Fed. R. Civ.
P. 23(b)(2): “All current and future inmates of Minnesota correctional facilities who have been diagnosed with chronic hepatitis C and have not received treatment with a direct‐acting antiviral medication.” 5. Plaintiff Lawrence Maxcy is appointed class representative and his attorneys of record are appointed as class counsel, with Ciresi Conlin LLP appointed as lead class counsel.

Dated: January 3, 2019

s/Patrick J. Schiltz Patrick J. Schiltz United States District Judge

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 CASE 0:15-cv-02210-PJS-BRT Document 327-1 Filed 03/15/19 Page 1 of 33
EXHIBIT 1

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Lawrence Maxcy, individually and on behalf of those similarly situated,
Plaintiff,
vs.
Paul Schnell, in his official capacity as the Commissioner of the Minnesota Department of Corrections, et al.,
Defendants.

Court File No. 15-cv-2210 (PJS/BRT)

SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement (“Agreement”) is entered into between the following Parties: the individual and class Plaintiffs (collectively “Plaintiffs”) and Defendants Paul Schnell, in his official capacity as Commissioner of the Minnesota Department of Corrections (“DOC”), David Paulson, in his official capacity as Medical Director of the DOC, Nanette Larson, in her official capacity as Health Services Director of the DOC (collectively “Defendants”).
RECITALS WHEREAS, this Settlement Agreement arises out of an action brought by Plaintiff Lawrence Maxcy, on behalf of himself and other similarly situated prisoners who are in Minnesota Correctional Facilities (Lawrence Maxcy, individually and on behalf of those similarly situated v. Paul Schnell, in his official capacity as the

CASE 0:15-cv-02210-PJS-BRT Document 327-1 Filed 03/15/19 Page 3 of 33
Commissioner of the Minnesota Department of Corrections, et al., Court File No. 15-cv2210 (PJS/BRT), alleging that the DOC, under its Guidelines for Evaluation and Management of Chronic Hepatitis C (HCV) Infection, fails to provide necessary medical care to all prisoners with Chronic Hepatitis C, in violation of the Eighth Amendment of the United States Constitution and the Americans with Disabilities Act (“ADA”).
WHEREAS, the Court granted Plaintiffs’ Motion for Class Certification (Dkt. No. 238) and certified a class defined as “all current and future inmates of Minnesota correctional facilities who have been diagnosed with chronic hepatitis C and have not received treatment with a direct-acting antiviral medication.” (Dkt. No. 317);
WHEREAS, the Parties, without conceding any infirmity in their claims or defenses, have engaged in extensive, arms-length negotiations concerning the claims raised in this litigation and have concluded that it is in their mutual best interest to fully and finally resolve and settle any and all past, existing, and/or potential injunctive and equitable claims between Plaintiffs and Defendants relating to Hepatitis C treatment.
WHEREAS, Defendants deny and continue to deny any and all liability or wrongdoing to Plaintiffs, and do not admit any wrongdoing or liability of any kind, including the claims raised in the Third Amended Complaint, and expressly deny the same. Nor does the DOC concede that class certification is appropriate. The Parties agree that this Agreement does not constitute evidence of an admission of any liability, omission, or wrongdoing of any kind by the Defendants, the State of Minnesota, or any former or current employee, official, or agent of the DOC.
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NOW, THEREFORE, the Parties, intending to be legally bound and in consideration of the mutual covenants and other good and valuable consideration, the sufficiency of which is hereby acknowledged and set forth below, hereby agree as follows:
DEFINITIONS As used in this Agreement, the following terms have the following meanings: 1. “Action” means the above-captioned matter. 2. “April 2018 Guidelines” mean the Minnesota Department of Corrections’ “Guidelines for Evaluation and Management of Chronic Hepatitis C (HCV) Infection” adopted April 2018, and attached hereto as Exhibit A. 3. “Third Amended Complaint” means the Third Amended Complaint filed in this Action (Dkt. No. 205) filed on or about December 10, 2017. 4. “Class Counsel” means Michael V. Ciresi, Katie Crosby Lehmann, Andrew H. Mohring, and Esther O. Agbaje of Ciresi Conlin LLP, Peter J. Nickitas, and C. Peter Erlinder. 5. “Class Members” mean “all current and future inmates of Minnesota correctional facilities who have been diagnosed with chronic Hepatitis C and have not received treatment with a direct-acting antiviral medication,” as defined in the Court’s order certifying a class (Dkt. No. 322). 6. “Class Representative” means Plaintiff Lawrence Maxcy. 7. “DAAs” means the class of medications known as Direct-Acting Antivirals, approved by the U.S. Food and Drug Administration and used to treat Hepatitis C.
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8. “DOC” means the Minnesota Department of Corrections, as established by Minnesota Statutes, sections 15.01 and 241.01, or its successor agency.
9. “Effective Date” means the date upon which the District Court in this Action gives Final Approval to the Agreement and the time to appeal the Final Approval has expired; or, if an appeal is filed, final adjudication or resolution of the same.
10. “Fairness Hearing” means the hearing under Fed. R. Civ. P. 23(e)(2). 11. “Fee Award” means the amount of attorneys’ fees and reimbursement of expenses and costs awarded by the Court to Class Counsel. 12. “Final Approval” means the Court’s entry of this Agreement as an Order of the Court following the Fairness Hearing. 13. “HCV” means Hepatitis C, a viral infection. 14. “Minnesota Correctional Facility” means a state correctional facility under the control of the Minnesota Commissioner of Corrections, including the facilities in Faribault, Lino Lakes, Oak Park Heights, Red Wing, Rush City, Shakopee, St. Cloud, Stillwater, Togo, and Willow River/Moose Lake. 15. “Notice” means the Notice of Class Settlement described in Section VI below. 16. “Notice Documents” means a summary letter from Lead Class Counsel and Notice from the Court, attached hereto as Exhibit C. 17. “Prisoner” means an individual committed to the custody of the Commissioner of the DOC and who is confined in a Minnesota Correctional Facility.
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18. “Updated Guidelines” means the revised Guidelines for Evaluation and Management of Chronic Hepatitis C (HCV) Infection that will be drafted to incorporate the terms of this Agreement.
AGREEMENT I. AMENDMENT OF THE 2018 GUIDELINES
A. No later than 60 days after the Effective Date, the DOC shall revise the 2018 April Guidelines and replace them with Updated Guidelines.
B. The Updated Guidelines shall include the following practices already contained in the April 2018 Guidelines:
1. At intake, all prisoners shall be screened for HCV on an opt-out basis. Blood tests for HCV shall include a screening blood test for the HCV antibody and, if that test is positive, a confirmatory test for HCV virus to determine whether there is an active infection. Nursing Staff will: a. Explain risk factors for HCV infection and methods of transmission of HCV to prisoners; b. Inform prisoners that the DOC tests all offenders for Hepatitis C at intake unless the prisoner declines (opts out) of the test; c. Order the HCV blood test unless the prisoner declines the test; d. Provide education and written information on HCV transmission, the progression of HCV infection, potential
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health complications of HCV infection, what HCV testing involves, and how chronic HCV infection is managed and treated in the DOC; e. Explain procedures for following up on HCV tests; and f. Inform prisoners who decline the intake test that they may request the HCV test at a future time. 2. All prisoners who, while in prison, have a positive test indicating an active Hepatitis C infection will be offered an initial evaluation with a medical practitioner as follows: a. The initial visit shall not be subject to a co-payment. b. Laboratory testing shall be performed either prior to or during the initial visit, and will include the following tests: i. Complete blood count (“CBC”); ii. Complete metabolic profile (“CMP”); iii. International normalized ratio (“INR”); iv. HIV antigen/antibody test; v. Hepatitis B surface antigen, surface antibody, and
Hepatitis B core antibody testing; vi. Hepatitis A antibody; vii. Additional testing that the practitioner determines are
indicated. c. The initial practitioner visit shall include:
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i. A targeted history and physical exam; ii. An order for immunization for Hepatitis A and B, if
indicated; iii. Order for pneumococcal vaccine, if the prisoner shows
evidence of cirrhosis; and iv. Explanation of the process for scheduling periodic
evaluations and criteria for determining treatment eligibility. 3. Staging of prisoners who have a positive test using ultrasound elastography or other medically appropriate staging test such as liver biopsy, blood tests, physical examination, magnetic resonance imaging, or computerized tomography. 4. Antiviral treatment with DAAs for the following prisoners who have HCV and: a. Fibrosis stages 2, 3, and 4, as determined by ultrasound elastography or other recognized staging method; b. Concurrent chronic hepatitis B or HIV infection; c. Extrahepatic manifestations of chronic HCV infection such as cryoglobulinemia or significant renal insufficiency, clinically defined as GFR less than or equal to 59mL/min. per 1.73 square meters;
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d. Were admitted to prison while receiving uninterrupted and documented HCV antiviral treatment;
e. Have had a liver transplant; f. Have been diagnosed with hepatocellular carcinoma or other
malignancies; g. Have been diagnosed with comorbid liver disease, such as
autoimmune hepatitis, hemochromatosis, or non-alcoholic steatohepatitis (NASH); or h. Diabetes mellitus. 5. Any prisoner who has HCV and is ineligible for antiviral treatment with DAAs under Sections I.B.4 or I.C.1.a shall be allowed to request evaluation of his or her condition every 6 months or more often if recommended by the prisoner’s practitioner. The periodic evaluations shall not be subject to a co-payment. The periodic evaluations shall generally consist of: a. An interim targeted history and physical exam; b. Laboratory testing, CBC, CMP, and INR; and c. Other testing as clinically indicated. 6. Prisoners will be excluded or deferred from treatment under any of the following conditions or situations: a. Contraindications based on drug interactions or concurrent medical conditions;
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b. Planned medical treatment, such as surgery, that may interfere with the medication or continuity of treatment with DAAs;
c. Life expectancy of less than 18 months; d. Inability or unwillingness to adhere to or cooperate with the
treatment or clinical monitoring; e. Pregnancy; or f. Evidence of active intravenous drug use. C. The April 2018 Guidelines shall be revised to include the following additional provisions: 1. Antiviral treatment with DAAs will be provided for prisoners whose elastography or other staging test indicates that they are at: a. Fibrosis stage 1; or b. Fibrosis stage 0, provided that the prisoner has been in a
Minnesota Correctional Facility for a continuous period of 16 months, and has 24 weeks or more remaining in prison. 2. Prisoners with an APRI score greater than 2.0 or a FIB4 score greater than 3.25 at a follow-up evaluation will be offered an ultrasound elastography for restaging. Should the elastography study show that the prisoner has stage 1, 2, 3, or 4 fibrosis, the prisoner will be treated with antivirals, provided that the prisoner has at least 24 weeks remaining on his or her current term of
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imprisonment and none of the exclusions under the Updated Guidelines apply. 3. Antiviral treatment for prisoners who are eligible for DAAs under the Updated Guidelines shall begin within 3 months of determination of the prisoner’s fibrosis levels 1-4 or fibrosis stage 0 and any of the co-occurring conditions identified supra at Section I.B.4 of this Agreement. D. The DOC shall begin to treat the individuals identified supra at Section I.C.1.b of this Agreement within 6 months of the Effective Date. The DOC shall implement all other provisions the Updated Guidelines within 60 days of the Effective Date. II. EDUCATION FOR PRISONERS AT RELEASE Prisoners with HCV who are released from a Minnesota Correctional Facility and who have not received antiviral treatment will be provided with the information appearing in the document attached hereto as Exhibit B, with the information about treatment facilities and coverage to be updated every six months. This provision will become effective within 60 days of the Effective Date. III. TERM OF THE AGREEMENT A. The Court will retain jurisdiction over the settlement for a 24-month period from the Effective Date, at which time the Court’s jurisdiction shall terminate.
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B. The DOC’s obligations under this Agreement shall expire at the end of 24 months from the Effective Date. Upon termination, the Parties will sign and submit a joint stipulation of dismissal with prejudice, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, thereby ending the Court’s jurisdiction over this case.
IV. MONITORING While the Court retains jurisdiction, the DOC shall file quarterly reports with the
Court and Class Counsel within 6 weeks of the end of each quarter of the State’s fiscal year. These reports shall document any changes to the Updated Guidelines and, without reference to a prisoner’s name or offender identification number, the number of prisoners, by fibrosis level, who have been: 1) tested for HCV, 2) diagnosed with HCV through a positive PCR test, and 3) treated or untreated with antivirals. The quarterly reports shall also identify the basis for deferral or denial of antiviral treatment to any prisoner who would otherwise qualify under the Updated Guidelines, as outlined at paragraphs I.B 4., and I.C.1., above. V. PRELIMINARY APPROVAL
As soon as practicable following the execution of this Agreement, counsel for the Parties shall apply to the Court for a preliminary order:
A. Granting preliminary approval of this Agreement for the purposes of disseminating Notice to prisoners who are Class Members;
B. Approving the form, contents, and dissemination of the Notice of this Agreement to prisoners who are known to be Class Members; and
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C. Scheduling a Fairness Hearing to review comments and/or objections regarding this Agreement, consider the fairness, reasonableness, and adequacy of this Agreement, and consider whether the Court should order Final Approval of this Agreement and grant Class Counsel’s requested Fee Award.
VI. NOTICE TO THE CLASS OF THE PROPOSED SETTLEMENT A. Form of Notice. The Notice Documents shall be in the form agreed to by
the Parties and attached as Exhibit C. B. Dissemination of Notice. Within 21 days of the date of Preliminary
Approval the DOC shall provide Notice of this Agreement by: 1. Delivery of the Notice Documents to Class Members, within 21 days of the date of Preliminary Approval. 2. Posting the Notice Documents in a conspicuous place in all living units at Minnesota Correctional Facilities and the Transitional Care Unit at the Minnesota Correctional Facility at Oak Park Heights until 42 days after the date of Preliminary Approval, beginning within 21 days of the date of Preliminary Approval; 3. Providing a copy of the Notice Documents to all prisoners in restrictive housing units or who need it in alternative formats; 4. Posting the Notice Documents in a conspicuous location in the Health Services Area of each DOC facility until 42 days after the
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date of Preliminary Approval, beginning within 21 days of the date of Preliminary Approval; and 5. Posting a copy of this Agreement in the Health Services Area of each DOC facility and library accessible to Class Members for the period of this Agreement C. Objections to Settlement. As set forth in the Notice, any Class Member may object to this Agreement by submitting their objection to Class Counsel in writing, via regular or electronic mail, or by contacting Class Counsel in writing at the mailing address listed at Section X. COMMUNICATIONS, below, no later than a date set by the Court in this case after Preliminary Approval. All objections will be provided to Defendants’ Counsel and filed with the Court. D. The Parties agree that the proposed Notice is reasonably calculated to apprise the Class of the pendency of this Agreement. VII. THE FEE AWARD The DOC agrees to pay attorneys Three Hundred and Twenty-Five Thousand Dollars and No Cents ($325,000.00) in Attorneys’ Fees and documented Costs of FortyOne Thousand One Hundred and Forty Four Dollars and Twenty-Five Cents ($41,144.25). The DOC shall issue payment through an electronic funds transfer within 30 days of the Effective Date of this Agreement. Lead Class Counsel will provide a complete set of receipts in support of this figure and a release of any and all fees and costs from all other counsel. Fees and costs will be reported to Ciresi Conlin, LLP on IRS Form 1099.
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CASE 0:15-cv-02210-PJS-BRT Document 327-1 Filed 03/15/19 Page 15 of 33
VIII. FINAL APPROVAL This Agreement shall be subject to the Final Approval of the Court. The Parties
shall cooperate in presenting this Agreement to the Court for Final Approval and/or or at any hearing under Rule 23(e) of the Federal Rules of Civil Procedure. At the Fairness Hearing, the Parties will jointly move for Final Approval of this Agreement as fair, adequate, and reasonable. If the Court does not grant Final Approval, this Agreement shall be null and void and of no force and effect, and nothing herein shall be deemed to prejudice the position of any Party with respect to the Action or otherwise, and neither the existence of this Agreement, nor any of its terms or provisions, nor any of the negotiations or proceedings connected with it, shall be admissible in evidence, referred to for any purpose in this Action or in any other litigation or proceeding, or construed as an admission, presumption, or concession by any Defendant of any liability or the truth of any of the allegations in the Action, or by Plaintiff of any vulnerability or defect in his claims. IX. RELEASE
In consideration of the terms and conditions herein, the Parties agree that this Agreement represents a full and fair resolution of the claims for relief alleged in the Third Amended Complaint. Plaintiffs’ release includes all claims for injunctive or declaratory relief, and any claims for related costs and attorneys’ fees (except as provided in Section VII above), which Class Members had or may have related to the treatment of Hepatitis C while in prison or the allegations in the Third Amended Complaint.
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The Parties will execute a separate full and final release as to attorneys’ fees and
costs to be signed by all counsel of record.
X. COMMUNICATIONS Any notice, report, or communication required or permitted to be given to Class
Counsel or Defendant(s) under this Agreement shall be given in writing by email and
U.S. Mail, addressed as follows:
To Class or Class Counsel: Hepatitis C Class Action Ciresi Conlin LLP 225 South Sixth Street, Suite 4600 Minneapolis, MN 55402 (612) 361-8230 ahm@ciresiconlin.com To Defendants: Kathryn Fodness Assistant Attorney General 445 Minnesota Street, Suite 1100 St. Paul, MN 55101 (651) 757-1348 Kathryn.Fodness@ag.state.mn.us
Either Party may substitute the individual designated to receive notice by advising
the other side in writing by email and U.S. Mail.
XI. NON-ADMISSION OF LIABILITY It is expressly understood that nothing in this Agreement shall constitute nor be
construed to be an admission of any wrongdoing or liability, nor an admission that class
certification is appropriate. The DOC specifically disclaims any liability or wrongdoing
on the part of the DOC, its agents, and employees.
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XII. RELEASE OF INFORMATION The Parties understand that the release of information by the Minnesota
Department of Corrections, or any other agency or department of the State of Minnesota, about this matter is governed by Minn. Stat. § 13.01, et seq. (“Minnesota Government Data Practices Act”) and Minn. Stat. § 15.17, et seq. (“Official Records Act”). The Parties agree that the specific reasons that this dispute is being settled include: (1) to avoid any and all further costs of litigation for all parties; and (2) to avoid any and all further risks of litigation for all parties. XIII. REPRESENTATION
Each Party represents and acknowledges that each Party is and has been represented by its own counsel. Each Party represents and acknowledges that, in executing this Agreement, no Party relies or has relied upon any representations or statements made by any other Party or its counsel other than the promises set forth in this Agreement. Each Party acknowledges that each Party has carefully read the entire Settlement Agreement, has been given the opportunity to consult with and be advised by their attorney, and knows and understands the contents of this Settlement Agreement. XIV. GOVERNING LAWS
This Agreement is to be interpreted and enforced in accordance with the laws of the State of Minnesota. XV. COUNTERPARTS
This Settlement Agreement shall become effective upon its execution, subject to subsequent Court approval. The Parties may execute this Settlement Agreement in
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counterparts, and execution in counterparts shall have the same force and effect as if the Parties had signed the same instrument. Any signature made and transmitted by facsimile for the purpose of executing this Settlement Agreement shall be deemed an original signature for purposes of this Settlement Agreement and shall be binding upon the signing Party. XVI. ENTIRE AGREEMENT
This Settlement Agreement constitutes the entire agreement of the Parties concerning the subjects contained herein, and no modification of this Agreement and/or other promises or agreements shall be binding unless in writing and signed by all the Parties hereto, except that the Class Representative expressly authorizes Class Counsel to enter into such modifications or amendments to this Agreement on behalf of the Class Members as Class Counsel deem appropriate, subject to the approval of the Court.

Dated: __M__a_r_ch__1_4_,_2_0_1_9____ Dated: __M__a_rc_h__1_4_,_2_0_1_9____

By: _/s_/_A__n_d_re_w__H__. _M_o_h_r_i_n_g__________ Michael V. Ciresi (MN #0016949) Katie Crosby Lehmann (MN #0257357) Andrew H. Mohring (MN #0190731) Esther O. Agbaje (MN#0399145) Ciresi Conlin LLP 225 South 6th Street, Suite 4600 Minneapolis, MN 55402 Telephone: 612.361.8200 AHM@CiresiConlin.com EOA@CiresiConlin.com LEAD COUNSEL FOR PLAINTIFF AND CLASS
By: _/_s/_P__et_e_r_J_._N_i_c_k_it_a_s_____________ Peter J. Nickitas (MN #0212313) Peter J. Nickitas Law Office, LLC 431 S. 7th St., Suite 2446 Minneapolis, MN 55415-1854 peterjnickitaslawllc@gmail.com

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CASE 0:15-cv-02210-PJS-BRT Document 327-1 Filed 03/15/19 Page 19 of 33

Dated: __M__a_rc_h__1_4_, _2_0_1_9____
Dated: _M__a_r_c_h_1_4_,_2_0_1_9_____ Dated: _M__a_r_c_h_1_4_,_2_0_1_9_____

By: _/s_/_C__a_rl_P_e_t_e_r_E_r_li_n_d_e_r___________ Carl Peter Erlinder (MN #0398765) Law Office of Carl Peter Erlinder 1043 Grand Avenue, Suite 28 St. Paul, MN 55104 651.271.4616 proferlinder@gmail.com
ATTORNEYS FOR PLAINTIFF AND CLASS
THE MINNESOTA DEPARTMENT OF CORRECTIONS
By: _/_s_/ _M_i_c_h_e_ll_e_S_m__i_th______________ Michelle Smith Deputy Commissioner, Facility Division
KEITH ELLISON Attorney General State of Minnesota
/s/ Kathryn A. Fodness KATHRYN A. FODNESS Assistant Attorney General Atty. Reg. No. 0392184
KELLY S. KEMP Assistant Attorney General 0220280
445 Minnesota Street, Suite 1100 St. Paul, Minnesota 55101-2128 (651) 757-1348 (Voice) (651) 282-5832 (Fax) kathryn.fodness@ag.state.mn.us
ATTORNEYS FOR DEFENDANTS

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Exhibit A CASE 0:15-cv-02210-PJS-BRT Document 327-1 Filed 03/15/19 Page 20 of 33

Minnesota Department of Corrections

Evaluation & Management of Chronic HCV Infection

Clinical Practice Guidelines

April 2018

Guidelines for Evaluation and Management of Chronic Hepatitis C (HCV) Infection
The purpose of these guidelines is to provide guidance to health services staff when:
 Screening and testing offenders to determine whether they have a chronic hepatitis C virus (HCV) infection;
 Determining the stage of liver fibrosis in offenders with chronic hepatitis C infection  Identifying risk factors that are associated progression of fibrosis in those with chronic HCV  Evaluating HCV infected offenders for treatment with antiviral agents;  Counseling offenders with chronic HCV; and  Monitoring the condition of HCV infected offenders before, during and after antiviral
treatment.
These guidelines will be updated periodically in accordance with treatment recommendations by nationally recognized authorities, such as the American Association for the Study of Liver Disease (AASLD)/Infectious Disease Society of America (IDSA), the Federal Bureau of Prisons, and other recognized authorities as new treatment strategies and medications are developed.
Background
Hepatitis C is a viral infection most often transmitted by exposure to human blood or body fluids. The most common mode of transmission is through the use of contaminated needles associated with intravenous drug use. Others modes of transmission include sexual, nasal inhalation of drugs, tattooing using unsterile techniques, and getting contaminated blood or body fluids into open wounds or onto mucous membranes. HCV is not transmitted by casual contact such as touching, sharing household items, or by food.
Acute HCV infection is seldom diagnosed because it usually causes few symptoms, therefore the person does not seek medical evaluation. About 25% of acute cases spontaneously resolve without anti-viral treatment. The remainder of cases develop chronic HCV infection. Chronic HCV infection typically is asymptomatic for many years and can only be diagnosed by blood testing. Over time chronic HCV infection can cause permanent and potentially life threatening liver disease. Progression to advanced liver disease is a slow process generally taking 20-25 years. . The most important factor in causing liver disease progression is excessive alcohol consumption. Other factors for progression include co-infection with human immunodeficiency virus (HIV) and hepatitis B virus (HBV) infection.

MnDOC Clinical Practice Guidelines are made available for informational purposes only. Proper medical practice necessitates that all cases be evaluated individually and that treatment decisions be patient-specific.

Exhibit A CASE 0:15-cv-02210-PJS-BRT Document 327-1 Filed 03/15/19 Page 21 of 33

Minnesota Department of Corrections

Evaluation & Management of Chronic HCV Infection

Clinical Practice Guidelines

April 2018

Goals

The goals of the Department in establishing these HCV guidelines are as follows:

 To identify offenders infected with HCV;  To provide appropriate education and counseling to offenders on the nature of the
disease and its transmission and how to prevent disease progression;  To identify those offenders that are most likely to experience life altering or threatening
complications of HCV so they can receive antiviral treatment;  To provide appropriate antiviral treatment to these offenders; and  To prevent spread of HCV through education and treatment.

1. Intake screening and testing for HCV Infection At intake, DOC nursing staff will:
a. Explain risk factors for HCV infection and methods of transmission of HCV to offenders;
b. Inform the offender that the DOC tests all offenders for hepatitis C at intake unless the offender declines (opts out) of the test;
c. Order the HCV blood test unless the offender declines the test; d. Provide education and written information on HCV transmission, the natural
history of HCV infection, potential health implications of HCV infection, what HCV testing involves, and how chronic HCV infection is managed and treated in the MN DOC; e. Explain procedures for following up on HCV tests; and f. Inform offenders who decline the intake test, that they may request the HCV test at a future time.

2. Blood Testing for HCV a. Blood tests for HCV include a screening blood test for the HCV antibody and, if that test is positive, a confirmatory test for HCV virus to determine whether there is active infection. (The confirmatory test is done as a reflex test.) b. Offenders who decline intake testing may request HCV blood testing at a later date. Repeat screening tests must be ordered by a practitioner.

3. Evaluating HCV Infected Offenders Nursing staff will schedule an initial practitioner visit to follow-up on all positive HCV PCR tests (tests indicating active hepatitis C infection). Initial and follow-up care for offenders with HCV infection is not subject to the offender co-payment. a. Initial Evaluation Practitioners will conduct an initial evaluation that includes: 1) A targeted history and physical exam;

MnDOC Clinical Practice Guidelines are made available for informational purposes only. Proper medical practice necessitates that all cases be evaluated individually and that treatment decisions be patient-specific.

Exhibit A CASE 0:15-cv-02210-PJS-BRT Document 327-1 Filed 03/15/19 Page 22 of 33

Minnesota Department of Corrections

Evaluation & Management of Chronic HCV Infection

Clinical Practice Guidelines

April 2018

2) Laboratory tests including: (these tests may be done prior to the initial visit)
 Complete blood count (CBC)  Complete metabolic profile (CMP)  International normalized ratio (INR)  HIV antigen/antibody test  Hepatitis B surface antigen, surface antibody and hepatitis B core
antibody  Hepatitis A antibody  Additional tests that the practitioner determines are indicated;  HCV genotype test may be delayed until antiviral treatment is planned; 3) Order immunization for hepatitis A and B if indicated; 4) Order pneumococcal vaccine, if there is evidence of cirrhosis; 5) Explanation of the process for periodic evaluation and criteria for
determining treatment eligibility; 6) Providing the offender with recommendation for frequency of follow-up; 7) Staging elastography will be done on offenders with HCV chronic
infection. (This may be done after the initial evaluation.); and 8) When cirrhosis is known, referral for:
 Endoscopic screening for esophageal varicosities  Liver ultrasound (this is done routinely in conjunction with
elastography) b. Periodic Evaluation of Chronic Infection
Offenders with chronic HCV will be evaluated periodically to monitor for the progression of liver disease and other complications. 1) Offenders are responsible for requesting periodic evaluations of their
condition. Generally, re-evaluation should be done every 6 months or more often if the practitioner recommends this. 2) Practitioners at the facilities will conduct the periodic evaluations, which will generally consist of: a) An interim targeted history and physical exam; b) Laboratory testing, CBC, CMP, and INR; c) Ultrasound screening for liver cancer every 6 months for
offenders with stages 3 and 4 fibrosis (This screening is indicated for both treated and untreated cases.); and c) Other testing as clinically indicated including repeat liver elastography (see 8 below). c. Case Reports Practitioners and/or facility staff will:

MnDOC Clinical Practice Guidelines are made available for informational purposes only. Proper medical practice necessitates that all cases be evaluated individually and that treatment decisions be patient-specific.

Exhibit A CASE 0:15-cv-02210-PJS-BRT Document 327-1 Filed 03/15/19 Page 23 of 33

Minnesota Department of Corrections

Evaluation & Management of Chronic HCV Infection

Clinical Practice Guidelines

April 2018

1) Complete a Hepatitis C Case Report after the initial evaluation; 2) Complete a new case report after each periodic evaluation; and 3) Case report documentation;
a) File the case report in the offender’s medical record; and b) Send a copy of each case report and to the DOC medical director
or designee.

4. Determining the stage of liver fibrosis a. Offenders with chronic HCV infection will be offered testing to determine their stage of liver fibrosis (Metavir stage 0-4). b. The standard staging test is ultrasound based shear wave elastography and limited abdominal ultrasound. In combination, these two tests determine the stage of fibrosis and can detect other liver conditions including signs of decompensated cirrhosis, fatty liver disease, liver masses and infection. These 2 tests are non-invasive and done as a combined procedure. c. Elastography and ultrasound will be prioritized based on AST platelet ratio index (APRI) and Fibrosis 4 (FIB-4) calculations. (These are calculations that estimate the probability of significant liver fibrosis. They do not indicate the degree of liver fibrosis.) d. Other tests may be used to determine liver fibrosis stage such as liver biopsy, blood tests, physical examination, magnetic resonance imaging or computerized tomography.

5. Anti-viral Treatment Based on the Hepatitis C Case Reports and additional clinical information, the DOC Medical Director or designee may authorize patient-specific antiviral treatment for offenders who have chronic HCV infection. (Note: Acute HCV infection is seldom diagnosed because the symptoms are generally mild and non-specific. Anti-viral treatment is not indicated for acute cases, since a substantial proportion spontaneously resolve.)

a. Only medications approved by the Food and Drug Administration (FDA) will be used for HCV treatment.
b. In the absence of an exclusion or deferral condition(s) noted below, the DOC will provide HCV antiviral treatment to offenders who have;  Fibrosis stages 2, 3 and 4;  HCV and concurrent chronic hepatitis B or HIV infection;  Certain other co-morbid conditions or extra-hepatic manifestations of chronic HCV infection such as cryoglobulinemia or significant renal insufficiency;  Sufficient incarceration time to complete the course of treatment;

MnDOC Clinical Practice Guidelines are made available for informational purposes only. Proper medical practice necessitates that all cases be evaluated individually and that treatment decisions be patient-specific.

Exhibit A CASE 0:15-cv-02210-PJS-BRT Document 327-1 Filed 03/15/19 Page 24 of 33

Minnesota Department of Corrections

Evaluation & Management of Chronic HCV Infection

Clinical Practice Guidelines

April 2018

 Been admitted to DOC receiving uninterrupted and documented HCV antiviral treatment;
 Had a liver transplant;  Hepatocellular carcinoma;  Certain other malignancies;  Co-morbid liver disease [e.g. autoimmune hepatitis, hemochromatosis or
non-alcoholic steatohepatitis (NASH)];  Renal insufficiency with GFR less than or equal to 59mL/min per 1.73 square
meters; and  Diabetes mellitus.  The Medical Director may make exceptions to the above factors on a case
by case basis. c. Exclusion or deferral from treatment. The following conditions or situations
are indications for deferral of anti-viral treatment:  Contraindications based on drug interactions or concurrent medical
conditions;  Planned medical treatment, such as surgery, that may interfere with the
medication or continuity of HCV treatment;  Life expectancy of less than 18 months;  Inability or unwillingness to adhere or cooperate with the treatment or
clinical monitoring;  Current pregnancy;  Evidence of active IV drug use.

6. Treatment regimens a. Anti-viral treatment will be consistent with current treatment recommendations established by nationally recognized authorities, such as the American Association for the Study of Liver Disease (AASLD), FBOP, FDA, and/or others. b. Patient specific factors in medication selection include:  Virus genotype;  HCV viral load;  Fibrosis stage;  Co-existing medical conditions;  Medication interactions (real or possible);  Prior HCV treatment history;  Known or suspected viral medication resistance;  Adherence with previous medical treatment and monitoring; and  Cost effectiveness.

MnDOC Clinical Practice Guidelines are made available for informational purposes only. Proper medical practice necessitates that all cases be evaluated individually and that treatment decisions be patient-specific.

Exhibit A CASE 0:15-cv-02210-PJS-BRT Document 327-1 Filed 03/15/19 Page 25 of 33

Minnesota Department of Corrections

Evaluation & Management of Chronic HCV Infection

Clinical Practice Guidelines

April 2018

c. HCV anti-viral treatment will be administered as directly observed therapy by nursing staff.

7. Monitoring During and After Anti-viral Treatment Practitioners and nurses at each facility will monitor treatment to identify medication side effects and toxicity and to ensure that offenders who are receiving anti-viral treatment are adhering to their treatment regimens and monitoring, and to determine the effectiveness of the treatment. a. Practitioners will obtain lab tests prior to and during treatment weeks, as established by the lab monitoring guidelines. b. Practitioners and/or facility staff will report to the DOC Medical Director all information regarding the effectiveness and/or safety of HCV antiviral treatment, including such examples as: 1) The offender does not comply with the treatment regimen, clinical monitoring or lab testing; 2) The offender has a significant adverse or allergic reaction to a medication that cannot be managed medically; 3) Laboratory tests reveal evidence of treatment failure based on continued presence of HCV virus in the blood lab; 4) The offender is experiencing an adverse effect of treatment based on clinical findings or laboratory testing, or 5) There is evidence that the offender is using illicit drugs or alcohol use during treatment.

8. Monitoring when anti-viral treatment is deferred a. Offenders with untreated chronic HCV will be monitored on an ongoing basis for progression of liver disease or development of complications. b. Restaging of fibrosis with elastography or equivalent testing will be done on the following schedule: 1) Fibrosis stage 1 - annually 2) Fibrosis stage 0 - every 2 years

April 12, 2018

MnDOC Clinical Practice Guidelines are made available for informational purposes only. Proper medical practice necessitates that all cases be evaluated individually and that treatment decisions be patient-specific.

Exhibit B CASE 0:15-cv-02210-PJS-BRT Document 327-1 Filed 03/15/19 Page 26 of 33
Central Office
1450 Energy Park Drive, Suite 200 | St. Paul, MN 55108 Main: 651.361.7200 | Fax: 651.642.0223 | TTY: 800.627.3529
www.mn.gov/doc
Recommendations for Offenders with Hepatitis C Preparing for Release
Our records indicate that you tested positive for hepatitis C but were not eligible for treatment during your incarceration. Because the hepatitis C virus can have serious effects on your health over time and because treatment with medicines called direct acting antivirals cures HCV in most people, we recommend you take the following steps to stay healthy longer and protect the health of others as well.
1. Get health care coverage
Health care coverage will be important for you to obtain in order for you to receive professional medical support and treatment for your Hepatitis C diagnosis.
MNsure is Minnesota's health insurance marketplace where individuals and families can shop, compare and choose health insurance coverage that meets their needs. MNsure is the only place you can apply for financial help to lower the cost of your monthly insurance premium and out-of-pocket costs. Most Minnesotans who enroll through MNsure qualify for financial help.
You may qualify for low-cost or free health insurances provided through government-sponsored programs, such as Medical Assistance and MinnesotaCare. If you qualify for and enroll in one of these programs, your health coverage will be managed through the Department of Human Services. To start an application go to www.mnsure.org, or for questions call MNsure Contact Center at 651-539-2099 or 855-366-7873.
If you are not able to complete an application online, you can find a MNsure paper application by visiting your county or tribal human and social service office or visiting the following website: https://mn.gov/dhs/peoplewe-serve/adults/health-care/health-care-programs/programs-and-services/adults-apply.jsp.
Veterans Administration
If you are a veteran, you may be eligible for VA health care. You can explore available health care benefits in person, by phone or mail. More information can be found at https://www.minneapolis.va.gov/.
Insurance through an employer
If you get a job, be sure to ask your employer about eligibility for medical and pharmacy coverage.
2. Make an appointment with a doctor
Once you have health care coverage, you will need to find a primary doctor and schedule an appointment. Your insurance company will have information on providers in its network. At your appointment, your doctor may refer you to a specialist in liver diseases (hepatology) or infectious diseases to develop a treatment plan
Because appointments can be brief and because there is often a lot of ground to cover, it is a good idea to be well-prepared. To prepare, try to:
• Review your medical record. • When you make the appointment, be sure to ask if there is anything you need to do in advance, such as
restrict your diet. • Write down any symptoms you are experiencing, including any that may seem unrelated to the reason
for which you scheduled the appointment.
Contributing to a safer Minnesota
EQUAL OPPORTUNITY EMPLOYER

Exhibit B CASE 0:15-cv-02210-PJS-BRT Document 327-1 Filed 03/15/19 Page 27 of 33
• Make a list of all medications, vitamins or supplements you are taking. • Consider taking a family member or friend with you. Sometimes it is difficult to remember all the
information provided during an appointment. Someone who accompanies you may remember something that you missed or forgot. Medical records You may request copies of your relevant medical records prior to your release by sending to the facility Health Services Unit a kite and a voucher to pay for the copies. After you have been released, your doctor may request your relevant medical records by contacting Central Office Records at 651-361-7330. 3. Healthy Lifestyle Changes We also recommend the following lifestyle changes: • Stop drinking alcohol. Alcohol speeds the progression of liver disease. • Avoid medications that may cause liver damage.
o Review your medications with your doctor, including over-the-counter medications you take as well as herbal preparations and dietary supplements.
o Your doctor may recommend avoiding certain medications. • Help prevent others from coming in contact with your blood.
o Cover any wounds you have and don't share razors or toothbrushes. o Don't donate blood, body organs or semen, and advise health care workers that you have the
virus. o Also tell your partner about your infection before you have sex, and always use condoms during
intercourse.
Information in this document was obtained from: • The Mayo Clinic: https://www.mayoclinic.org/diseases-conditions/hepatitis-c/diagnosistreatment/drc-20354284; • MNsure: www.mnsure.org; • The Minnesota Department of Human Services; and • The State of Minnesota and U.S. Departments of Veterans Affairs: https://www.minneapolis.va.gov/ and https://explore.va.gov/health-care.

Exhibit C CASE 0:15-cv-02210-PJS-BRT Document 327-1 Filed 03/15/19 Page 28 of 33

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

LAWRENCE MAXCY,

Civil No. 15-2210 (PJS/BRT)

Individually, and on behalf of those similarly situated,

Plaintiff,

v.

PAUL SCHNELL, In his official capacity as Commissioner, Minnesota Department of Corrections;

DAVID A. PAULSON, M.D., In his official capacity as Medical Director, Minnesota Department of Corrections;

NANETTE LARSON, In her official capacity as Health Services Director, Minnesota Department of Corrections,

Defendants.

NOTICE TO THE CLASS OF SETTLEMENT AGREEMENT
This Notice sets forth the basic terms of the class action settlement regarding the provision of medical treatment to inmates in the custody of the Minnesota Department of Corrections (“the DOC”) who are infected with chronic hepatitis C (“HCV”).
I. CASE BACKGROUND Plaintiff filed this lawsuit, on behalf of himself and other similarly situated prisoners in
the custody of the DOC, and brought allegations including that the DOC, under its Guidelines for Evaluation and Management of Chronic Hepatitis C (HCV) Infection, fails to provide necessary medical care to prisoners with HCV, in violation of the Eighth Amendment of the United States Constitution and 42 U.S.C. § 1983. Defendants have denied the allegations throughout the case. In the end, the suit did not seek, and the settlement does not award, money damages for the class.

Exhibit C CASE 0:15-cv-02210-PJS-BRT Document 327-1 Filed 03/15/19 Page 29 of 33
On January 3, 2019, the Court certified a class of plaintiffs. This class is defined as: All current and future inmates of Minnesota correctional facilities who have been diagnosed with chronic hepatitis C and have not received treatment with a direct-acting antiviral medication.
II. THE SETTLEMENT AGREEMENT The Parties in this lawsuit have recently entered into a Settlement Agreement and Release
(“Settlement Agreement” or “Settlement”). Copies of the Settlement Agreement will be available for review in each institution’s medical facility and library.
If the Court approves the Settlement, the DOC will provide treatment with direct acting antiviral (“DAA”) medication to prisoners with HCV as set forth by the Settlement Agreement. In summary, the core terms include: 1) all HCV-infected prisoners at levels F1 through F4 are eligible for DAA treatment, with treatment beginning within three months of the determination of their fibrosis level; 2) all prisoners at F0 with co-occurring conditions, including but not limited to HIV, hepatitis B, diabetes and others, will also be eligible for DAA treatment; 3) the remaining untreated prisoners with HCV, those at F0 without co-occurring conditions, will receive treatment after continuous imprisonment of sixteen months; 4) untreated prisoners are eligible for reassessment every six months, and if it is determined that they have become eligible for treatment, for example by progressing from F0 to F1, they will receive treatment; 5) prisoners who are released without treatment, including those at F0 whose sentences are less than sixteen months and those whose sentences are too short to allow for treatment, will receive current information about HCV and about antiviral treatment resources in the community. A 6-month phase in period applies to the Settlement’s provisions for treating prisoners at levels F1 – F4 and F0 with a co-occurring condition. To be eligible for treatment, prisoners must have 24 weeks or more of their sentences left to serve.
2

Exhibit C CASE 0:15-cv-02210-PJS-BRT Document 327-1 Filed 03/15/19 Page 30 of 33
Some limited exceptions to treatment are detailed in the Settlement Agreement. The Settlement Agreement further provides for a two-year monitoring period, during which the DOC will provide quarterly reports to the Court and Class Counsel. No party admits any wrongdoing or deficiency in their case. Defendants will reimburse class counsel for attorneys’ fees in the amount of $325,000, and for documented costs to the date of settlement of $41,144.25.
Further details of the settlement terms are in the Settlement Agreement, which is available for review at your institution’s library and Health Services Area.
III. PURPOSES OF THIS NOTICE This Notice is sent to advise you of the pending action, the proposed settlement, and your
rights with respect to this action. This Notice is not intended to be, and should not be construed as, an expression of any opinion by the Court as to the truth of the allegations in the litigation or the merits of the claims or defenses asserted.
The Settlement Agreement is under review by the Court, and it will not take effect until and unless it is approved by the Court. If you wish to make objections to or comments in support of the Settlement Agreement, you should submit an explanation in writing why you do or do not believe that the Settlement Agreement is fair, reasonable and adequate. You should indicate whether your objections apply only to you, to a specific subset of the class, or to the entire class, and should state with specificity the grounds for your objection.
Objections and comments should be sent to Class Counsel at the address set forth below such that they are received no later than [42 days after the date of Preliminary Approval].
Lead Class Counsel Hepatitis C Class Action
Ciresi Conlin LLP 225 South Sixth Street, Suite 4600
Minneapolis, MN 55402 3

Exhibit C CASE 0:15-cv-02210-PJS-BRT Document 327-1 Filed 03/15/19 Page 31 of 33

IV. NOTICE OF FINAL APPROVAL HEARING

The Court will consider any objections or comments you may have regarding the

Settlement Agreement, provided they are received by [42 days after the date of Preliminary

Approval].

A hearing will be held on _________________________, at which the Court will

consider the fairness of the Settlement Agreement and whether to approve it. Your objection

will only be considered in writing and will not result in your presence in any hearing for

testimony.

Dated: _______________, 2019.

BY THE COURT:

________________________________ Hon. Patrick J. Schiltz United States District Judge District of Minnesota

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Exhibit C CASE 0:15-cv-02210-PJS-BRT Document 327-1 Filed 03/15/19 Page 32 of 33
Ciresi Conlin LLP
[Date]
All prisoners with Untreated Chronic Hepatitis C In the Minnesota Department of Corrections ("DOC")
Re: Settlement Agreement in Hepatitis C Class Action Lawsuit Dear Member of the Plaintiff Class: Our law firm represents prisoners in Minnesota Correctional facilities who have chronic hepatitis C and have not been treated with a direct-acting antiviral (DAA) medication. The Court approved a class defined as: "current and future inmates of Minnesota correctional facilities who have been diagnosed with chronic hepatitis C and have not received treatment with a directacting antiviral medication." We are writing to tell you about the Settlement Agreement (Agreement) with the DOC. Beginning six months from the date the Court approves the Agreement, the DOC will expand its treatment with DAA medications to include the following prisoners who have chronic hepatitis C ("HCV"): • Prisoners whose tests show they have stages Fl, F2, F3 or F4 liver disease • Prisoners at stage FO who have other conditions including HIV, Hepatitis B, diabetes and
various other conditions • All prisoners at level FO who have been in a DOC facility continuously for 16 months and
have at least 24 more weeks to serve • All untreated prisoners can be re-evaluated every 6 months and will be treated if their
condition changes from stage FO to F 1. Until then, the current treatment guidelines will remain in effect. If you are satisfied with the Agreement, you do not need to do anything. If the Court approves the Settlement (at a hearing scheduled for [Date]), you will be entitled to treatment under its provisions.

Exhibit C CASE 0:15-cv-02210-PJS-BRT Document 327-1 Filed 03/15/19 Page 33 of 33
If you have any objections to the Agreement, you must submit them to us in writing at the address below. If you have questions about the agreement, you can also write us. To be considered by the Court, objections are due on or before [Date]. We will not be able to answer questions about when you may be eligible for treatment because DOC health services staff will determine that based on testing results.
Hepatitis C Class Action Ciresi Conlin LLP 225 South 6th Street, Suite 4600 Minneapolis, MN 5 5402
We are attaching a copy of the Notice of Settlement - please review it carefully. If you want to, you may also review the entire Agreement in the library of your facility.
We urge you to accept treatment when you are eligible. Treatment with DAAs cures HCV in most people and, if it is not treated, HCV can cause serious damage to your liver and other organs, and possibly death. You can also seek more information about HCV from health services providers at your facility.
We are pleased that we have been able to secure this Settlement Agreement on behalf of the class.
Sincerely,
Michael V. Ciresi Katie Crosby Lehmann Andrew H. Mohring Esther 0. Agbaje Ciresi Conlin LLP 225 South 6th Street, Suite 4600 Minneapolis, MN 55402

 
 CASE 0:15-cv-02210-PJS-BRT Document 339 Filed 06/24/19 Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

LAWRENCE MAXCY,

Civil No. 15-2210 (PJS/BRT)

Individually, and on behalf of those similarly situated,

Plaintiff,

v.

PAUL SCHNELL, In his official capacity as Commissioner, Minnesota Department of Corrections;

DAVID A. PAULSON, M.D., In his official capacity as Medical Director, Minnesota Department of Corrections;

NANETTE LARSON, In her official capacity as Health Services Director, Minnesota Department of Corrections,

Defendants.

ORDER APPROVING CLASS ACTION SETTLEMENT WHEREAS, a class action is pending in this Court captioned Lawrence Maxcy v. Paul Schnell, et. al., No. 15-cv-2210 (PJS/BRT) (D. Minn.) (“Action”); WHEREAS, (a) Lawrence Maxcy, (“Named Plaintiff” or “Class Representative”), and (b) Paul Schnell, in his official capacity as Commissioner of the Minnesota Department of Corrections (“DOC”), David A. Paulson, in his official capacity as the Medical Director of the DOC, and Nanette Larson, in her official capacity as Health Services Director of the DOC, (collectively, “Defendants” or “the DOC”) have determined to settle the Action with prejudice on the terms and conditions set forth in the Settlement Agreement dated March 14, 2019 (“Settlement Agreement” or “Settlement”), subject to approval of this Court;

CASE 0:15-cv-02210-PJS-BRT Document 339 Filed 06/24/19 Page 2 of 4
WHEREAS, the Court granted the Motion for Class Certification (Dkt. No. 238) and certified a class defined as “all current and future inmates of Minnesota correctional facilities who have been diagnosed with chronic hepatitis C and have not received treatment with a directacting antiviral medication” (“Class”) (Dkt. No. 317);
WHEREAS, the Court appointed Lawrence Maxcy as the Class Representative, and Ciresi Conlin, LLP as Lead Class Counsel (“Lead Class Counsel”) (Id.);
WHEREAS, the Court granted preliminary approval to the Parties’ Settlement Agreement and its provisions to distribute notice to the Class (Dkt. No. 329);
WHEREAS, the Parties to this case have filed a Joint Motion for Final Approval of Class Action Settlement; and
WHEREAS, the Court has read and considered: (a) the Parties’ Joint Motion for Final Approval of Class Action Settlement and the papers filed and arguments made in connection therewith; (b) the Settlement Agreement and the exhibits attached thereto; and (c) the file and record in the Action, including the fairness hearing held before this Court on June 24, 2019, and has found good cause for entering the following Order.
Accordingly, the Court makes the following findings: 1. The Court has jurisdiction over the subject matter of the Action, and all matters
relating to the Settlement, as well as personal jurisdiction over all of the Parties and the Class. 2. This Order and Judgment incorporates and makes a part hereof the Settlement Agreement filed with the Court on March 15, 2019. (Dkt. No. 327, Exhibit 1). 3. The Notice to the Class regarding the proposed Settlement Agreement was adequate, pursuant to Rule 23(e) of the Federal Rules of Civil Procedure. The Settlement
2

CASE 0:15-cv-02210-PJS-BRT Document 339 Filed 06/24/19 Page 3 of 4
Agreement included proposed forms of Notice (“Notice Documents”) that received the Court’s preliminary approval. (Dkt. No. 329). The distribution and publication of the Notice Documents were accomplished in a manner consistent with the Settlement Agreement and the Order Preliminarily Approving Settlement and Providing for Notice. (Id.). The Notice Documents and their distribution constituted notice that was reasonably calculated to apprise the Class of the pendency of the Action, the effect of the proposed Settlement, its award of attorneys’ fees and costs, and their right to object to any aspect of the Settlement. The Notice Documents and their dissemination constituted due, adequate, and sufficient notice to all persons entitled to receive notice of the proposed Settlement and satisfied the requirements of the Constitution of the United States (including the due process clause), Rule 23 of the Federal Rules of Civil Procedure, and all other applicable laws and rules. 4. The Court considered the objections and comments to the Settlement Agreement from twenty two prisoners, and the Court overrules the objections. 5. The Settlement Agreement is fair, reasonable, and adequate, pursuant to Rule 23(e) of the Federal Rules of Civil Procedure and Van Horn v. Trickey, 840 F.2d 604 (8th Cir. 1988). 6. The Settlement Agreement’s award of attorneys’ fees and costs is fair and reasonable.
Therefore, it is hereby ORDERED that: 1. The Joint Motion Seeking Final Approval of Class Action Settlement is GRANTED. 2. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, the Settlement
Agreement is fully and finally APPROVED in all respects, as fair, reasonable, and
3

CASE 0:15-cv-02210-PJS-BRT Document 339 Filed 06/24/19 Page 4 of 4 adequate to the Class. The Parties are directed to implement, perform, and consummate the Settlement Agreement in accordance with its terms and provisions.
3. The award of attorneys’ fees and costs outlined in the Settlement Agreement is APPROVED.
4. The Court expressly retains jurisdiction until July 25, 2021, or two years after any appeals from this order are finally resolved, whichever is later, as set forth in the Settlement Agreement, in order to enter any further orders that may be necessary or appropriate in administering or implementing the terms and provisions of the Settlement Agreement.
LET JUDGMENT BE ENTERED ACCORDINGLY. SO ORDERED this 24th day of June, 2019
_s/Patrick J. Schiltz____________________ The Honorable Patrick J. Schiltz United States District Judge
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