Case: McCargo v. Vaughn

2:90-cv-06089 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Oct. 1, 1990

Clearinghouse coding complete

Case Summary

On October 1, 1990, an individual inmate at the Graterford State Correctional Institute in Pennsylvania filed a pro se complaint against the warden of the prison and all prison correctional officials, under 42 U.S.C. § 1983, in the District Court for the Eastern District of Pennsylvania, asking for declaratory and injunctive relief. The complaint alleged that the prison officials had violated Plaintiff's rights by failing to provide special diets for diabetic inmates, and by denying him and oth…

On October 1, 1990, an individual inmate at the Graterford State Correctional Institute in Pennsylvania filed a pro se complaint against the warden of the prison and all prison correctional officials, under 42 U.S.C. § 1983, in the District Court for the Eastern District of Pennsylvania, asking for declaratory and injunctive relief. The complaint alleged that the prison officials had violated Plaintiff's rights by failing to provide special diets for diabetic inmates, and by denying him and other prisoners access to insulin. On January 28, 1991, this action was joined with the same inmate's action against two stewards and the Culinary Food Manager at the prison, the complaint for that action having been filed on December 14, 1990 in the District Court of the Eastern District of Pennsylvania.

On November 21, 1990, the District Court (Judge John P. Fullam) issued a preliminary injunction directing the prison to establish a system for diabetic inmates to receive special diets and to assure them access to insulin. On September 9, 1991, Judge Fullam issued an order making the injunctive relief permanent, and closing the cases.

On November 22, 1991 Judge Fullam denied Defendants' motion to alter or amend the judgment, stating that the fact that the injunction benefits persons other than the parties to the lawsuit does not give grounds for ateration or amendment.

Summary Authors

Caitlin Howitt (12/2/2011)

People


Judge(s)

Fullam, John Patrick (Pennsylvania)

Attorney for Defendant

Kuhn, Denise A. (Pennsylvania)

Documents in the Clearinghouse

Documents in this case

2:90-cv-07813

District Court Docket

McCargo v. Youse

Sept. 11, 1991

Sept. 11, 1991

Docket

2:90-cv-06089

District Court Docket

Sept. 11, 1991

Sept. 11, 1991

Docket
61

2:90-cv-06089

2:90-cv-07813

Memorandum and Order [Denying Defendants' Motion to Alter or Amend the Judgment]

Nov. 22, 1991

Nov. 22, 1991

Order/Opinion

778 F.Supp. 1341

Docket

Last updated March 27, 2025, 8:27 a.m.

ECF Number Date Description Link
1 Sept. 21, 1990

MOTION BY PLAINTIFF ROBERT EARL MCCARGO TO PROCEED IN FORMA PAUPERIS (mk) (Entered: 09/21/1990)

PACER
2 Sept. 26, 1990

MOTION BY PLAINTIFF ROBERT EARL MCCARGO TO PROCEED IN FORMA PAUPERIS , AND FOR APPOINTMENT OF COUNSEL BRIEF, CERT. OF SERV. (mk) (Entered: 09/27/1990)

PACER
3 Sept. 27, 1990

MOTION BY PLAINTIFF ROBERT EARL MCCARGO TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER MEMORANDUM, CERTIFICATE OF SERVICE. (mk) (Entered: 09/27/1990)

PACER
4 Oct. 1, 1990

ORDER GRANTING [2−1] MOTION TO PROCEED IN FORMA PAUPERIS GRANTING [1−1] MOTION TO PROCEED IN FORMA PAUPERIS. COMPLAINT TO BE FILED, SUMMONSES TO ISSUE, SERVICE TO BE MADE ETC. ( SIGNED BY JUDGE JOHN P. FULLAM ) 10/1/90 ENTERED AND COPIES MAILED. (mk) (Entered: 10/01/1990)

PACER
5 Oct. 1, 1990

Complaint. (mk) (Entered: 10/01/1990)

PACER
Oct. 1, 1990

Summons(es) issued Forwarded to: U.S. Marshal. USM285 not attached. (mk) (Entered: 10/01/1990)

PACER
6 Oct. 9, 1990

Affidavit in support of order by PLAINTIFF ROBERT EARL MCCARGO Re: [3−1] MOTION TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER (mk) (Entered: 10/10/1990)

PACER
7 Oct. 18, 1990

ORDER, PRODUCING THE BODY OF ROBERT EARL MCCARGO, AS−1532 , set MISCELLANEOUS HEARING to 10/31/90 for [3−1] MOTION TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER ( SIGNED BY JUDGE JOHN P. FULLAM ) 10/19/90 ENTERED AND COPIES MAILED. (mk) (Entered: 10/19/1990)

PACER
8 Oct. 22, 1990

MOTION by PLAINTIFF ROBERT EARL MCCARGO FOR ORDER TO PRODUCE DOCUMENTS CERTIFICATE OF SERVICE. (mk) (Entered: 10/22/1990)

PACER
9 Oct. 30, 1990

ORDER THAT THE WARDEN OF SCI GRATERFORD PRODUCE THE BODY OF GARY WILSON, BE−9008 ON 11/21/90 AT 10:00 TO APPEAR FOR TRIAL, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 10.31.90 ENTERED AND COPIES MAILED. (lvj) (Entered: 10/31/1990)

PACER
10 Oct. 30, 1990

ORDER THAT THE WARDEN OF SCI GRATERFORD PRODUCE THE BODY OF WILLARD BUCKINGHAM AM−3595 ON 11/21/90 TO APPEAR FOR TRIAL, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 10.31.90 ENTERED AND COPIES MAILED. (lvj) (Entered: 10/31/1990)

PACER
11 Oct. 30, 1990

ORDER THAT THE WARDEN OF SCI GRATERFORD PRODUCE THE BODY OF DOUGLAS JACKSON Y−9796 ON 11/21/90 TO APPEAR FOR TRIAL, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 10.30.90 ENTERED AND COPIES MAILED. (lvj) (Entered: 10/31/1990)

PACER
12 Oct. 30, 1990

ORDER THAT THE WARDEN OF SCI GRATERFORD PRODUCE THE BODY OF BEDLEY WELLS AM−0253 ON 11/21/90 TO APPEAR FOR TRIAL, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 10.31.90 ENTERED AND COPIES MAILED. (lvj) (Entered: 10/31/1990)

PACER
13 Oct. 30, 1990

ORDER THAT THE WARDEN OF SCI GRATERFORD PRODUCE THE BODY OF ROBERT EARL MCCARGO AS−1532 ON 11/21/90 FOR TRIAl ( SIGNED BY JUDGE JOHN P. FULLAM ) 10.31.90 ENTERED AND COPIES MAILED. (lvj) (Entered: 10/31/1990)

PACER
14 Nov. 8, 1990

ORDER DENYING [8−1] MOTION FOR ORDER TO PRODUCE DOCUMENTS ( SIGNED BY JUDGE JOHN P. FULLAM ) 11/09/90 ENTERED AND COPIES MAILED. (mk) (Entered: 11/09/1990)

PACER
15 Nov. 19, 1990

Acknowledgement of service as to DEFENDANT DONALD T. VAUGHN 11/6/90 (lvj) (Entered: 11/20/1990)

PACER
Nov. 19, 1990

Return of service unexecuted as to DEFENDANT ALL PRISON CORR OFFICIALS on 11/6/90 (lvj) (Entered: 11/20/1990)

PACER
16 Nov. 21, 1990

Appearance of DENISE A. KUHN for DEFENDANT DONALD T. VAUGHN (lvj) (Entered: 11/26/1990)

PACER
17 Nov. 21, 1990

Answer to Complaint by DEFENDANT DONALD T. VAUGHN (Attorney ), (lvj) (Entered: 11/26/1990)

PACER
18 Nov. 26, 1990

Minute entry: hearing of ll/2l/90 on pla's motion for TRO. (mk) (Entered: 11/27/1990)

PACER
19 Dec. 11, 1990

Transcript of hearing re: TRO and Preliminary Injunction held on 11/21/90. (kw) (Entered: 12/13/1990)

PACER
21 Dec. 12, 1990

ORDER THAT THE WARDEN OF STATE CORRECTIONAL INSTITUTION GRATERFORD, PRODUCE THE BODY OF ROBERT E. MCCARGO (AS−1532) ON JANUARY 15, 1991 AT 10:00 TO APPEAR FOR HEARING ON MOTION FOR PRELIMINARY INJUNCTION, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 12.14.90 ENTERED AND COPIES MAILED. (lvj) (Entered: 12/14/1990)

PACER
22 Dec. 13, 1990

Affidavit by PLAINTIFF ROBERT EARL MCCARGO Re: [20−1] in support to MOTION FOR REQUEST OF A CONTEMPT OF COURT HEARING AGAINST DEFTS (mk) (Entered: 12/14/1990)

PACER
23 Jan. 2, 1991

Affidavit by PLAINTIFF ROBERT EARL MCCARGO Re: problem with getting insulin shots (lvj) (Entered: 01/03/1991)

PACER
24 Jan. 10, 1991

ORDER THAT WARDEN OF SCI GRATERFORD PRODUCE THE BODY OF ROBERT E. MCCARGO ON 2/12/91 FOR HEARING ETC. ( SIGNED BY JUDGE JOHN P. FULLAM ) 1/10/91 ENTERED AND COPIES MAILED. (mk) (Entered: 01/10/1991)

PACER
25 Feb. 5, 1991

ORDER DATED 2/4/91 THAT THE WARDEN OF SCI GRATERFORD, PRODUCE THE BODY OF BEBLEY C. WELL, JR. (AM−0253) ON 2/12/91 AT 10:00 TO APPEAR FOR TRIAL, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 2/5/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 02/05/1991)

PACER
26 Feb. 13, 1991

Minute entry: before Judge John P. Fullam on 2/12/91 re: Hearing on Plff's Motion for Prelim. Injunction; witnessess sworn (lvj) (Entered: 02/14/1991)

PACER
27 Feb. 14, 1991

Minute entry: hearing resumes 2/13/91 on motion for preliminary injunction − CAV. (mk) (Entered: 02/14/1991)

PACER
28 Feb. 19, 1991

Statement in Support to Plff's Motion for Preliminary Injunction hearing that was held 2/12/91 and 2/13/91, Affidavit in support (lvj) (Entered: 02/19/1991)

PACER
29 Feb. 20, 1991

ORDER THAT A TRANSCRIPT OF THE PRELIMINARY INJUNCTION HEARING HELD ON 11/21/90 AND 2/12/91 BE PREPARED AT GOVERNMENT EXPENSE AND DELIVERED TO THE PLAINTIFF ( SIGNED BY JUDGE JOHN P. FULLAM ) 2/21/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 02/21/1991)

PACER
30 Feb. 28, 1991

MOTION by PLAINTIFF ROBERT EARL MCCARGO FOR AN ORDER COMPELLING DISCOVERY (lvj) (Entered: 03/01/1991)

PACER
31 Feb. 28, 1991

MOTION by PLAINTIFF ROBERT EARL MCCARGO FOR A REQUEST TO BE TRANSFERED DUE TO REPEATED REPRISALS OF RETALIATION BECAUSE OF PENDING LAWSUITS, UNDER PRELIMINARY INJUNCTION MEMORANDUM, CERTIFICATE OF SERVICE. (lvj) (Entered: 03/01/1991)

PACER
32 March 1, 1991

Affidavit by PLAINTIFF ROBERT EARL MCCARGO Re: assault and further retaliation by guards as was threaten to be carried out as I testified in court on 2/12/91. Now it has happen and everything else as they said it would happen to me after court date. (lvj) (Entered: 03/04/1991)

PACER
33 March 7, 1991

MOTION by PLAINTIFF ROBERT EARL MCCARGO OF REQUEST FOR COURT TO ORDER THE TAKING OF DEPOSITION UPON WRITTEN INTERROGATORIES TO DEFTS AND A ORDER FOR PRODUCTION OF DEPOSITION CERTIFICATE OF SERVICE. (lvj) (Entered: 03/08/1991)

PACER
34 March 12, 1991

MOTION BY PLAINTIFF ROBERT EARL MCCARGO FOR APPOINTMENT OF COUNSEL MEMORANDUM, AFFIDAVIT IN SUPPORT, CERTIFICATE OF SERVICE. (mk) (Entered: 03/13/1991)

PACER
35 March 26, 1991

Transcript for Plff's motion for TRO and Preliminary Injunction on November 21, 1990 (sj) (Entered: 03/26/1991)

PACER
37 March 26, 1991

Transcript for Plff's motion for preliminary injunction on February 13, 1991 (sj) (Entered: 03/26/1991)

PACER
38 June 13, 1991

MOTION BY PLAINTIFF ROBERT EARL MCCARGO FOR AN ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION , MEMORANDUM, CERTIFICATION OF SERVICE, AFFIDAVITS. (fe) (Entered: 06/17/1991)

PACER
39 July 10, 1991

Statement by PLAINTIFF ROBERT EARL MCCARGO regarding medical documents and proof of past history of asthma and ongoing proof of denial of insulin. (gm) (Entered: 07/11/1991)

PACER
40 Aug. 13, 1991

ORDER THAT PLFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION IS DENIED AS MOOT, AS THE ISSUES WERE DISPOSED OF AT AN EARLIER HEARING ( SIGNED BY JUDGE JOHN P. FULLAM ) 8/14/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 08/14/1991)

PACER
41 Aug. 13, 1991

REQUEST BY PLAINTIFF ROBERT EARL MCCARGO FOR A WITNESS ( INMATE ANTAR SHANNON) TO BE SUBPOENA FOR FINAL HEARING (lvj) (Entered: 08/14/1991)

PACER
42 Aug. 13, 1991

ORDER THAT THE WARDEN OF THE STATE CORRECTIONAL INSTITUTION AT GRATERFORD PRODUCE BEFORE THIS COURT THE BODY OF ANTAR SHANNON ON 9/9/91 AT 10:00 TO APPEAR FOR TESTIMONY, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 8/14/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 08/14/1991)

PACER
43 Aug. 13, 1991

REQUEST BY PLAINTIFF ROBERT EARL MCCARGO FOR A WITNESS (TROY HANCOCK) TO BE SUBPOENA FOR FINAL HEARING . (lvj) (Entered: 08/14/1991)

PACER
44 Aug. 13, 1991

ORDER THAT THE WARDEN OF THE STATE CORRECTIONAL INSTITUTION AT GRATERFORD PRODUCE BEFORE THIS COURT THE BODY OF TROY HANCOCK ON 9/9/91 AT 10:00 TO APPEAR FOR TESTIMONY, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 8/14/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 08/14/1991)

PACER
45 Aug. 13, 1991

REQUEST BY PLAINTIFF ROBERT EARL MCCARGO FOR A WITNESS (BEBLEY C. WELL JR.,) TO BE SUBPOENA FR FINAL HEARING . (lvj) (Entered: 08/14/1991)

PACER
46 Aug. 13, 1991

ORDER THAT THE WARDEN OF THE SCI AT GRATERFORD PRODUCE THE BODY OF BEBLEY C. WELL JR., ON 9/9/91 AT 10:00 TO APPEAR FOR TESTIMONY, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 8/14/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 08/14/1991)

PACER
47 Aug. 13, 1991

Plaintiffs' Request for a witness to be subpoena for final hearing. (lvj) (Entered: 08/14/1991)

PACER
48 Aug. 13, 1991

ORDER THAT THE WARDEN OF THE SCI AT GRATERFORD PRODUCE THE BODY OF GEORGE BUTLER ON 9/9/91 AT 10:00 TO APPEAR FOR TESTIMONY, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 8/14/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 08/14/1991)

PACER
49 Aug. 13, 1991

Request for a witness (Aaron Helms Jr.) to be subpoena for final hearing. (lvj) (Entered: 08/14/1991)

PACER
50 Aug. 13, 1991

ORDER THAT THE WARDEN OF THE SCI AT GRATERFORD PRODUCE THE BODY OF AARON HELSM, JR., ON 9/9/91 AT 10:00 TO APPEAR FOR TESTIMONY, ETC.,( SIGNED BY JUDGE JOHN P. FULLAM ) 8/14/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 08/14/1991)

PACER
51 Aug. 13, 1991

MOTION AND ALSO REQUEST BY PLAINTIFF ROBERT EARL MCCARGO FOR SUBPOENA TO BE ISSUED FOR INMATE (lvj) (Entered: 08/14/1991)

PACER
53 Aug. 13, 1991

ORDER THAT THE WARDEN OF THE SCI AT GRATERFORD PRODUCE THE BODY OF ROBERT EARL MCCARGO ON 9/9/91 AT 10:00 TO APPEAR FOR TESTIMONY, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 8/14/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 08/14/1991)

PACER
54 Aug. 13, 1991

Plaintiffs' Request for a witness (Edward L. Van Dyke Jr.,) to be subpoena for final hearing. (lvj) (Entered: 08/15/1991)

PACER
55 Aug. 13, 1991

ORDER THAT THE WARDEN OF THE SCI AT GRATERFORD PRODUCE THE BODY OF EDWARD L. VAN DYKE, JR., ON 9/9/91 AT 10:00 TO APPEAR FOR TESTIMONY, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 8/15/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 08/15/1991)

PACER
56 Sept. 11, 1991

Minute entry: of final hearing held on 9/9/91. (fe) (Entered: 09/11/1991)

PACER
57 Sept. 11, 1991

INJUNCTIVE ORDER PREVIOUSLY ENTERED IS LEFT IN EFFECT, BUT IS MADE PERMANENT. THESE CASES ARE CLOSED FOR ADMINISTRATVE PURPOSES BY THIS PERMANENT INJUNCTION. (SIGNED BY JUDGE JOHN P. FULLAM) 9/11/91 ENTERED AND COPIES MAILED. (fe) (Entered: 09/11/1991)

PACER
Sept. 11, 1991

Case closed (kv) (Entered: 09/12/1991)

PACER
58 Sept. 12, 1991

MOTION BY MOVANT GEORGE A. BUTLER FOR CONTEMPT OF PRELIMINARY INJUNCTION AND A PLEA FOR HELP . (fe) (Entered: 09/12/1991)

PACER
59 Sept. 17, 1991

ORDER THAT [58−1] MOTION FOR CONTEMPT OF PRELIMINARY INJUNCTION AND A PLEA FOR HELP IS DENIED AND STRICKEN FROM THE DOCKET. ( SIGNED BY JUDGE JOHN P. FULLAM ) 9/18/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 09/18/1991)

PACER
60 Sept. 18, 1991

MOTION BY DEFENDANT ALL PRISON CORR OFF, DEFENDANT DONALD T. VAUGHN TO ALTER , OR TO AMEND JUDGMENT , MEMORANDUM OF LAW IN SUPPORT, CERTIFICATE OF SERVICE. (lvj) (Entered: 09/19/1991)

PACER
Sept. 23, 1991

Transcript for Final Hearing of 9/9/91. (lvj) (Entered: 09/23/1991)

PACER
Nov. 15, 1991

Letter and acknowledgement receipt re: Return of defendant's trial exhibits (90−5398). (fe) (Entered: 11/18/1991)

PACER
Nov. 18, 1991

Letter and acknowledgement of receipt re: Return of Plaintiff's trial exhibits (90−5398). (fe) (Entered: 11/19/1991)

PACER
61 Nov. 22, 1991

MEMORANDUM AND ORDER DENYING [60−1] MOTION TO ALTER DENYING [60−2] MOTION TO AMEND JUDGMENT ( SIGNED BY JUDGE JOHN P. FULLAM ) 11/25/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 11/25/1991)

PACER

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Oct. 1, 1990

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a diabetic inmate at the Graterford State Correctional Institute in Pennsylvania

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Warden

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Eastern District of Pennsylvania 2:90-cv-06089

Eastern District of Pennsylvania 2:90-cv-07813

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Food service / nutrition / hydration

Discrimination Basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health Care:

Medical care, general

Medication, administration of

Recommended Citation