Loading ...
Sorry, an error occurred while loading the content.

OR Prisoners with HCV - Class Action Suit Update

Expand Messages
  • Linda C. Miller
    Forwarded from another list. GO OREGON!!!! Now let s see the other states follow Oregon s lead! ... On Thursday November 7, 2002 we had a hearing before the
    Message 1 of 1 , Nov 12, 2002
    • 0 Attachment
      Forwarded from another list. GO OREGON!!!! Now let's see the other states
      follow Oregon's lead!

      -------

      On Thursday November 7, 2002 we had a hearing before the Honorable Anna
      Brown in the United States District Court for the District of Oregon on our
      Motion
      to Certify Class. The judge ruled from the bench immediately. The entire
      proceeding took approximately ten minutes. The judge found that we had made
      our burden on each and every necessary element of Fed. R. Civ. P. 23 (class
      actions). The judge made specific findings under each element of 23a and
      23b. The court found that we qualified as a 23(b) class on liability alone
      and that the appropriate remedy in that proceeding would be for injunctive
      relief only.

      The court also indicated that our definition of our putative class was too
      broad. We are redefining the class and hope to have some of the specifics
      as to the remainder of the case by mid-December.

      Translated: The court found that we could proceed as a class to trial as to
      whether or not ODOC' policies, procedures and conduct violated the various
      inmate's rights, whether they violated the acceptable standard of care and
      whether she she enter a judgment in our favor. Thereafter each individual
      inmate would be required to litigate their own individual damages, but if we
      won the first phase of the case they would not have to prove liability
      against ODOC.

      This is a significant victory for us. I am told this is the first class of
      inmates qualified as such in Oregon in thirty years. This is the first
      class certified in the United States on the HCV issue.

      LINDA TANT MILLER
      PRISON REFORM UNITY PROJECT (PRUP)
      http://www.prup.net
    Your message has been successfully submitted and would be delivered to recipients shortly.