Legal Aid Justice Center Press Release:
Charlottesville, VA, November 6, 2015—On Monday, November 9, beginning at 11:00 a.m., Federal Judge Norman Moon will hold a Settlement Fairness Hearing at the Federal Courthouse in Charlottesville.
The purpose of the hearing is to determine if the Settlement Agreement between the women prisoners at the Fluvanna Correctional Center for Women (FCCW) and the Virginia Department of Corrections (VDOC) is fair and adequate to protect the rights of the class of women prisoners who need medical care at the prison. The Legal Aid Justice Center, Wiley Rein LLP of Washington, D.C., and the Washington Lawyers Committee for Civil Rights and Urban Affairs represent the women in the class action lawsuit.
The agreement proposes to settle a class action lawsuit concerning the medical care provided at the Fluvanna County prison.
At the hearing, the plaintiffs will present testimony from up to three of the prisoner plaintiffs, a doctor who treated one of the class members, and the Compliance Monitor who will determine whether the prison has adhered to the changes in the medical procedures agreed to in the Proposed Settlement.
Background. On July 24, 2012, five women incarcerated at FCCW filed the lawsuit, Scott v. Clarke, in the U.S. District Court in Charlottesville. The plaintiffs stated that inadequate medical care at FCCW violated the Eighth Amendment to the U.S. Constitution, which prohibits cruel and unusual punishment. The lawsuit asked the federal court to order VDOC to provide adequate medical care—asking only for injunctive relief and requesting the court to enter specific requirements to ensure that proper care was consistently provided for all 1,200 women prisoners. The suit did not ask for damages.
Court rulings. On November 20, 2014, Judge Moon granted the prisoners’ Motion for Partial Summary Judgment and denied the VDOC’s similar motion. The court granted the prisoners’ motion ruling that, among other things:
As a class, the women at FCCW suffer from, or may in the future suffer from, “serious medical needs.”
The VDOC cannot delegate its duty to provide constitutional medical care to a private contractor, meaning that VDOC, not a private contractor, is ultimately responsible for the well-being of the prisoners.
The facts did not support VDOC’s argument that it had provided constitutional care.
Proposed terms of settlement. The women and the VDOC have proposed an agreement that will, if approved by the court, settle this case. The agreement requires VDOC to overhaul its medical care at FCCW. A summary of the settlement follows:
- VDOC will provide constitutionally adequate medical care.
- VDOC’s operating procedures for medical care at FCCW will change. Among other changes, the procedures will include better accommodations for women with disabilities, timely and continuous access to medication and medical supplies, timely access to specialists when necessary, and follow-up treatment in accordance with specialists’ recommendations except in medically justifiable circumstances.
- A Compliance Monitor will measure compliance with new standards. Nicholas Scharff, M.D., M.P.H., the former Chief Medical Officer for the Pennsylvania Department of Corrections, will be the Compliance Monitor. He will regularly visit FCCW to evaluate whether the medical care is adequate and meets the agreed upon standards. After each visit, the Compliance Monitor will write a report that will be public information and rate the medical care as non-compliant, partially compliant, or fully compliant with the standards.
- The class may enforce the agreement in the U.S. District Court. If the Compliance Monitor finds any part of the medical care to be constitutionally inadequate, he will give VDOC 30 days to fix the problem. If the women notify their lawyers of constitutionally deficient medical care, the women’s lawyers may also give VDOC notice in writing. If VDOC does not fix a problem within 30 days, the women’s lawyers may ask the judge to order VDOC to comply with the Constitution and/or the settlement agreement, or to hold VDOC in contempt of court, or both.
Agreement terminates. The agreement will be in effect for at least 3 years unless the parties determine otherwise. After that, it will end when the Compliance Monitor finds that DOC has provided medical care that is constitutionally adequate on a consistent basis for at least one year.