Case: Vail v. Dunleavy

3:25-cv-00086 | U.S. District Court for the District of Alaska

Filed Date: May 1, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case involves allegedly dangerously inadequate medical care for inmates in the Alaska Department of Corrections. On May 1, 2025, ten people incarcerated by the Alaska Department of Corrections (DOC) facilities filed this putative class action in the U.S. District Court for the District of Alaska against the Governor, the DOC Commissioner, and the DOC medical director. Represented by the ACLU’s National Prison Project and other counsel, the named plaintiffs, held in multiple DOC prisons, bo…

This case involves allegedly dangerously inadequate medical care for inmates in the Alaska Department of Corrections.

On May 1, 2025, ten people incarcerated by the Alaska Department of Corrections (DOC) facilities filed this putative class action in the U.S. District Court for the District of Alaska against the Governor, the DOC Commissioner, and the DOC medical director. Represented by the ACLU’s National Prison Project and other counsel, the named plaintiffs, held in multiple DOC prisons, both pretrial and post-conviction, alleged that DOC provided dangerously inadequate medical, mental health, and dental care system-wide, in violation of the Eighth and Fourteenth Amendments and federal law. The complaint sought declaratory and injunctive relief on behalf of all people in DOC custody subjected to these allegedly unconstitutional conditions.

The complaint describes a pattern of delayed or denied care for serious medical needs, including unmanaged diabetes leading to diabetic coma and ICU admission, years-long delays in treating severe vision loss due to cataracts, chronic untreated pain and joint injuries, and prolonged lack of appropriate wound care and specialty treatment for serious gastrointestinal disease. It also alleges constitutionally deficient mental health care: long waits or outright denial of counseling, over-reliance on brief telehealth encounters, abrupt changes in psychiatric medication without proper supervision, and the use of harsh segregation conditions in response to suicidal ideation rather than therapeutic intervention. Plaintiffs further pointed to extensive delays and limits in dental care—such as extracting teeth instead of offering restorative options and multi-year waits for basic treatment—that allegedly cause unnecessary pain and tooth loss.

Beyond individual stories, the plaintiffs contended these deficiencies stemmed from system-level policies and practices: chronic understaffing of medical and mental-health providers, long waitlists for basic and emergency care, DOC policies that purportedly deny needed treatment to people who are still pretrial, and failures to respond to repeated warnings from independent oversight bodies about dangerous lapses in care. They argued that, taken together, DOC’s practices amounted to deliberate indifference to serious medical and mental health needs, and they asked the court to order comprehensive reforms— including adequate staffing, timely access to outside specialists and hospitals, appropriate chronic-disease management, and meaningful monitoring of DOC’s compliance.

The complaint was filed on May 1, 2025 and initially assigned to Senior Judge H. Russel Holland, then quickly reassigned to Chief Judge Sharon L. Gleason and later, following Judge Gleason’s recusal, to Judge Stanley Allen Bastian sitting by designation. Defendants moved to dismiss on July 14, 2025, and the parties have since litigated scheduling and Rule 26(f) issues while that motion is briefed. 

The court denied the defendants’ motion to dismiss on December 30, 2025. The defendants had sought to dismiss the action because the Plaintiff’s claims had allegedly been litigated in a prior lawsuit (Cleary v. Smith). According to the final settlement agreement reached in Cleary, any claims for redress within the state prison system must be brought in state court, and so could not be heard by a federal court. In denying the defendants’ motion to dismiss, the court held that the Plaintiffs' case does not involve the same causes of action or the same parties as Cleary. Therefore, the court still can hear the present case. The trial court also held that immunity does not apply to Governor Dunleavy in this case as the governor had been acting in discretion, beyond a generalized duty to enforce the state law.

On January 28, 2026, the defendant filed a notice to appeal on trial court’s denial of its motion to dismiss. On February 2, 2026, the Court of Appeals created a scheduling or following the defendant’s notice of appeal.

As of February 21, 2026, whether appeal should be granted has not been decided, and the case remains ongoing.

Summary Authors

Kerry Holihan (11/1/2025)

Sowon Yoon (3/13/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70036854/parties/vail-v-dunleavy/


Attorney for Plaintiff

Botstein, Ruth (Alaska)

Cauley, Natalie (Alaska)

Dominguez-Ruiz, Marisol Jochebed (Alaska)

Fathi, David Cyrus (Alaska)

Freedman, John A. (Alaska)

Attorney for Defendant

Documents in the Clearinghouse

Documents in this case
1

3:25-cv-00086

Class Action Complaint for Declaratory and Injunctive Relief

May 1, 2025

May 1, 2025

Complaint
83

3:25-cv-00086

Order Denying Motion to Dismiss

Dec. 30, 2025

Dec. 30, 2025

Order/Opinion
89

3:25-cv-00086

Notice of Appeal

Jan. 28, 2026

Jan. 28, 2026

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70036854/vail-v-dunleavy/

Last updated April 16, 2026, 4:52 a.m.

ECF Number Date Description Link
1 May 1, 2025

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number AAKDC-3772730.), filed by All Plaintiffs.(Botstein, Ruth) (Entered: 05/01/2025)

Clearinghouse
2 May 1, 2025

Civil Cover Sheet. (Botstein, Ruth) (Entered: 05/01/2025)

RECAP
3 May 1, 2025

CLERK'S NOTICE: Pursuant to the system of random case assignment, this case has been assigned to the Honorable Senior Judge H. Russel Holland. Please use the following case number for all future filings 3:25-cv-00086-HRH. (PXS, COURT STAFF) (Entered: 05/01/2025)

RECAP
May 1, 2025

Clerks Notice

4 May 2, 2025

Unissued summons re Defendant Travis Welch, (Attachments: # 1 Michael Dunleavy, # 2 Jennifer Winkelman) (JDV, COURT STAFF) (Entered: 05/02/2025)

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5 May 2, 2025

HRH TEXT ORDER: At the request of Judge Holland, this case is randomly reassigned to another judge. Pursuant to the system of random case assignments, this action is reassigned to Chief Judge Sharon L. Gleason for all further proceedings. Please use the following case number on all future filings: 3:25-cv-00086-SLG. (RMC, COURT STAFF) (Entered: 05/02/2025)

RECAP
May 2, 2025

1 - Summons Issued

May 2, 2025

Order Reassigning Case

May 2, 2025

Summons Issued as to Michael Dunleavy, Travis Welch, Jennifer Winkelman. (JDV, COURT STAFF)

6 May 7, 2025

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Nancy Rosenbloom. ( Pro Hac Vice Admission fee $250.00 paid. Receipt number AAKDC-3775309.) by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Attachments: # 1 Additional Jurisdictions of Admission, # 2 Certificate of Good Standing)(Rosenbloom, Nancy) (Entered: 05/07/2025)

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7 May 7, 2025

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Corene Kendrick. ( Pro Hac Vice Admission fee $250.00 paid. Receipt number AAKDC-3775330.) by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Attachments: # 1 Additional Jurisdictions of Admission, # 2 Certificate of Good Standing)(Kendrick, Corene) (Entered: 05/07/2025)

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8 May 7, 2025

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney David Fathi. ( Pro Hac Vice Admission fee $250.00 paid. Receipt number AAKDC-3775334.) by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Attachments: # 1 Additional Jurisdictions of Admission, # 2 Certificate of Good Standing)(Fathi, David) (Entered: 05/07/2025)

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9 May 7, 2025

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Alyssa Gordon. ( Pro Hac Vice Admission fee $250.00 paid. Receipt number AAKDC-3775506.) by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Attachments: # 1 Certificate of Good Standing)(Gordon, Alyssa) (Entered: 05/07/2025)

1 Certificate of Good Standing

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10 May 8, 2025

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Marisol Dominguez-Ruiz. ( Pro Hac Vice Admission fee $250.00 paid. Receipt number AAKDC-3775794.) by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Attachments: # 1 Additional Jurisdictions of Admission, # 2 Certificate of Good Standing)(Dominguez-Ruiz, Marisol) (Entered: 05/08/2025)

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11 May 8, 2025

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Joseph Longley. ( Pro Hac Vice Admission fee $250.00 paid. Receipt number AAKDC-3775817.) by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Attachments: # 1 Additional Jurisdictions of Admission, # 2 Certificate of Good Standing)(Longley, Joseph) (Entered: 05/08/2025)

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12 May 9, 2025

CLERK'S NOTICE re 6 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Nancy Rosenbloom, at docket 6, is authorized under L.Civ.R. 83.1(d). (RMC, COURT STAFF) (Entered: 05/09/2025)

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13 May 9, 2025

CLERK'S NOTICE re 7 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Corene Kendrick, at docket 7, is authorized under L.Civ.R. 83.1(d). (RMC, COURT STAFF) (Entered: 05/09/2025)

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14 May 9, 2025

CLERK'S NOTICE re 8 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by David Fathi, at docket 8, is authorized under L.Civ.R. 83.1(d). (RMC, COURT STAFF) (Entered: 05/09/2025)

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15 May 9, 2025

CLERK'S NOTICE re 9 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Alyssa Gordon, at docket 9, is authorized under L.Civ.R. 83.1(d). (RMC, COURT STAFF) (Entered: 05/09/2025)

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16 May 9, 2025

CLERK'S NOTICE re 10 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Marisol Dominguez-Ruiz, at docket 10, is authorized under L.Civ.R. 83.1(d). (RMC, COURT STAFF) (Entered: 05/09/2025)

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17 May 9, 2025

CLERK'S NOTICE re 11 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Joseph Longley, at docket 11, is authorized under L.Civ.R. 83.1(d). (RMC, COURT STAFF) (Entered: 05/09/2025)

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May 9, 2025

Clerks Notice Approving Non-Resident Attorney Application

18 May 13, 2025

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Luke Westerman. ( Pro Hac Vice Admission fee $250.00 paid. Receipt number AAKDC-3777901.) by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Attachments: # 1 Certificate of Good Standing)(Westerman, Luke) (Entered: 05/13/2025)

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19 May 13, 2025

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney John A. Freedman. ( Pro Hac Vice Admission fee $250.00 paid. Receipt number AAKDC-3777951.) by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Attachments: # 1 Additional Jurisdictions of Admission, # 2 Certificate of Good Standing)(Freedman, John) (Entered: 05/13/2025)

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20 May 13, 2025

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Jeffrey A. Miller. ( Pro Hac Vice Admission fee $250.00 paid. Receipt number AAKDC-3777987.) by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Attachments: # 1 Certificate of Good Standing)(Miller, Jeffrey) (Entered: 05/13/2025)

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21 May 13, 2025

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Katherine E. Schlusser. ( Pro Hac Vice Admission fee $250.00 paid. Receipt number AAKDC-3778077.) by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Attachments: # 1 Certificate of Good Standing)(Schlusser, Katherine) (Entered: 05/13/2025)

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22 May 13, 2025

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Robert W. Stout. ( Pro Hac Vice Admission fee $250.00 paid. Receipt number AAKDC-3778082.) by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Attachments: # 1 Certificate of Good Standing)(Stout, Robert) (Entered: 05/13/2025)

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23 May 13, 2025

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Alejandra C. Uria. ( Pro Hac Vice Admission fee $250.00 paid. Receipt number AAKDC-3778100.) by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Attachments: # 1 Certificate of Good Standing)(Uria, Alejandra) (Entered: 05/13/2025)

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24 May 14, 2025

AFFIDAVIT of Service for Complaint and Summons for Defendants Dunleavy, Winkelman & Welch served on Treg Taylor in Anchorage on 5/9/2025, filed by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Cauley, Natalie) (Entered: 05/14/2025)

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25 May 14, 2025

AFFIDAVIT of Service for Complaint and Winkelman Summons served on Jennifer Winkelman on 5/9/2025, filed by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Cauley, Natalie) (Entered: 05/14/2025)

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26 May 14, 2025

AFFIDAVIT of Service for Complaint and Welch Summons served on Travis Welch on 5/9/2025, filed by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Cauley, Natalie) (Entered: 05/14/2025)

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27 May 14, 2025

AFFIDAVIT of Service for Complaint and Dunleavy, Winkelman & Welch Summons (Amended) served on Treg Taylor in Anchorage on 5/9/2025, filed by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Cauley, Natalie) (Entered: 05/14/2025)

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28 May 14, 2025

AFFIDAVIT of Service for Complaint and Dunleavy Summons served on Defendant Michael Dunleavy on 5/12/2025, filed by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Cauley, Natalie) (Entered: 05/14/2025)

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29 May 14, 2025

AFFIDAVIT of Service for Complaint and Dunleavy, Winkelman & Welch Summons served on Attorney General's Office in Juneau on 5/12/2025, filed by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Cauley, Natalie) (Entered: 05/14/2025)

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30 May 14, 2025

AFFIDAVIT of Service for Complaint and Welch Summons (Amended) served on Travis Welch on 5/9/2025, filed by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Cauley, Natalie) (Entered: 05/14/2025)

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31 May 14, 2025

AFFIDAVIT of Service for Complaint and Winkelman Summons (Amended) served on Defendant Jennifer Winkelman on 5/9/2025, filed by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Cauley, Natalie) (Entered: 05/14/2025)

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32 May 20, 2025

CLERK'S NOTICE re 18 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Luke Westerman, at docket 18, is authorized under L.Civ.R. 83.1(d). (JDS, COURT STAFF) (Entered: 05/20/2025)

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33 May 20, 2025

CLERK'S NOTICE re 19 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by John A. Freedman, at docket 19, is authorized under L.Civ.R. 83.1(d). (JDS, COURT STAFF) (Entered: 05/20/2025)

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34 May 20, 2025

CLERK'S NOTICE re 20 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Jeffrey A. Miller, at docket 20, is authorized under L.Civ.R. 83.1(d). (JDS, COURT STAFF) (Entered: 05/20/2025)

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35 May 20, 2025

CLERK'S NOTICE re 21 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Katherine E. Schlusser, at docket 21, is authorized under L.Civ.R. 83.1(d). (JDS, COURT STAFF) (Entered: 05/20/2025)

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36 May 20, 2025

CLERK'S NOTICE re 22 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Robert W. Stout, at docket 22, is authorized under L.Civ.R. 83.1(d). (JDS, COURT STAFF) (Entered: 05/20/2025)

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37 May 20, 2025

CLERK'S NOTICE re 23 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Alejandra C. Uria, at docket 23, is authorized under L.Civ.R. 83.1(d). (JDS, COURT STAFF) (Entered: 05/20/2025)

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38 May 20, 2025

NOTICE of Appearance by Andalyn Pace on behalf of Michael Dunleavy, Travis Welch, Jennifer Winkelman (Pace, Andalyn) (Entered: 05/20/2025)

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39 May 20, 2025

NOTICE of Appearance by John David Harjehausen on behalf of Michael Dunleavy, Travis Welch, Jennifer Winkelman (Harjehausen, John) (Entered: 05/20/2025)

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40 May 20, 2025

MOTION for Extension of Time to File Answer by Michael Dunleavy, Travis Welch, Jennifer Winkelman.(Harjehausen, John) (Entered: 05/20/2025)

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May 20, 2025

Clerks Notice Approving Non-Resident Attorney Application

41 May 22, 2025

NOTICE of Filing Proposed Order by Michael Dunleavy, Travis Welch, Jennifer Winkelman re 40 MOTION for Extension of Time to File Answer (Attachments: # 1 Proposed Order)(Harjehausen, John) (Entered: 05/22/2025)

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42 May 23, 2025

SLG TEXT ORDER: The Court requires chambers copies of any filings greater than 50 pages in length. Chambers copies shall be an exact replica of the filed document, including the document footer assigned by the CM/ECF System; exhibits/attachments must be separately identified with readily visible tabs; and must be legible, single-sided, and two-hole punched at the center of the top page. (JDS, COURT STAFF) (Entered: 05/23/2025)

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43 May 23, 2025

SLG TEXT ORDER: Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint at Docket 40 is GRANTED. The deadline for defendants' response to the complaint is extended to July 14, 2025. (JDS, COURT STAFF) (Entered: 05/23/2025)

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May 23, 2025

Order on Motion for Extension of Time to Answer

May 23, 2025

Order

44 June 23, 2025

NOTICE of Appearance by Doron Levine on behalf of All Plaintiffs (Levine, Doron) (Entered: 06/23/2025)

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45 July 14, 2025

MOTION for the Court to Take Judicial Notice of State Court Pleadings by Michael Dunleavy, Travis Welch, Jennifer Winkelman. (Attachments: # 1 Proposed Order)(Pace, Andalyn) (Entered: 07/14/2025)

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46 July 14, 2025

MOTION to Dismiss by Michael Dunleavy, Travis Welch, Jennifer Winkelman. (Attachments: # 1 Exhibit Exhibit A Pt. 1, # 2 Exhibit Exhibit A Pt. 2, # 3 Exhibit Exhibit A Pt. 3, # 4 Exhibit Exhibit A Pt. 4, # 5 Exhibit Exhibit B, # 6 Exhibit Exhibit C Pt. 1, # 7 Exhibit Exhibit C Pt. 2, # 8 Exhibit Exhibit D)(Pace, Andalyn) (Entered: 07/14/2025)

1 Exhibit Exhibit A Pt. 1

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2 Exhibit Exhibit A Pt. 2

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3 Exhibit Exhibit A Pt. 3

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4 Exhibit Exhibit A Pt. 4

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5 Exhibit Exhibit B

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6 Exhibit Exhibit C Pt. 1

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7 Exhibit Exhibit C Pt. 2

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8 Exhibit Exhibit D

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47 July 22, 2025

MOTION for Extension of Time to File Response/Reply as to 46 MOTION to Dismiss (the motion for extension is unopposed) by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Attachments: # 1 Proposed Order)(Levine, Doron) (Entered: 07/22/2025)

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48 July 24, 2025

SLG TEXT ORDER: Plaintiffs Unopposed Motion for Extension of Time to Oppose Defendants Motion to Dismiss at Docket 47 is GRANTED. Plaintiffs shall file their opposition to Defendants Motion to Dismiss at Docket 46 on or before August 29, 2025. (BJK, COURT STAFF) (Entered: 07/24/2025)

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July 24, 2025

Order AND Set Motion and R&R Deadlines/Hearings AND ~Util - Terminate Motions

49 July 25, 2025

MOTION to Compel DEFENDANTS' PARTICIPATION IN FED. R. CIV. P. 26(f) CONFERENCE OR TO IMPOSE SCHEDULE by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Attachments: # 1 Exhibit - 1, # 2 Exhibit - 2, # 3 Exhibit - 3, # 4 Exhibit - 4, # 5 Proposed Order)(Freedman, John) (Entered: 07/25/2025)

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50 July 30, 2025

RESPONSE in Opposition re 49 MOTION to Compel DEFENDANTS' PARTICIPATION IN FED. R. CIV. P. 26(f) CONFERENCE OR TO IMPOSE SCHEDULE filed by Michael Dunleavy, Travis Welch, Jennifer Winkelman. (Harjehausen, John) (Entered: 07/30/2025)

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51 July 30, 2025

MOTION to Delay Scheduling Order and Fed. R. Civ. P. 26(f) Conference by Michael Dunleavy, Travis Welch, Jennifer Winkelman.(Harjehausen, John) (Entered: 07/30/2025)

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52 July 31, 2025

NOTICE: The Court gives notice of a basis for disqualification of the undersigned judge in this matter pursuant to 28 U.S.C. 455(a). See notice for further details. Signed by Judge Sharon L. Gleason. (LMH, COURT STAFF) (Entered: 07/31/2025)

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53 Aug. 4, 2025

RESPONSE TO ORDER Regarding 28 U.S.C. § 455 by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Attachments: # 1 Affidavit Declaration of Doron Levine)(Levine, Doron) (Entered: 08/04/2025)

1 Affidavit Declaration of Doron Levine

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54 Aug. 5, 2025

NOTICE Seeking Reassignment by Michael Dunleavy, Travis Welch, Jennifer Winkelman (Pace, Andalyn) (Entered: 08/05/2025)

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55 Aug. 6, 2025

REPLY to Response to Motion re 49 MOTION to Compel DEFENDANTS' PARTICIPATION IN FED. R. CIV. P. 26(f) CONFERENCE OR TO IMPOSE SCHEDULE filed by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Attachments: # 1 Exhibit 1)(Freedman, John) (Entered: 08/06/2025)

1 Exhibit 1

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56 Aug. 7, 2025

ORDER OF RECUSAL Judge Sharon L. Gleason recused. See order for details. Signed by Judge Sharon L. Gleason on 8/7/25. (LMH, COURT STAFF) (Entered: 08/07/2025)

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57 Aug. 12, 2025

ORDER RE: IN THE MATTER OF THE DESIGNATION OF A DISTRICT JUDGE FOR SERVICE INANOTHER DISTRICT WITHIN THE NINTH CIRCUIT For the Purpose of Presiding Over a Specific Case signed by CHIEF CIRCUIT JUDGE MARY H. MURGUIA on August 11, 2025. Pursuant to 28 U.S.C. § 292(b), I hereby designate the Honorable Stanley Allen Bastian, United States Chief District Judge for the Eastern District of Washington, to temporarily perform the duties of United States District Judge for the District of Alaska beginning on August 11, 2025, for the following specific case: Vail et al v. Dunleavy et al, 3:25-cr-00086.(LMH, COURT STAFF) (Entered: 08/12/2025)

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58 Aug. 12, 2025

NOTICE OF CASE REASSIGNMENT: By agreement of the judges, this case is reassigned to the Honorable Stanley Allen Bastian pursuant to the designation of Chief Circuit Judge Murguia. Please reflect new case number 3:25-cv-00086-SAB on all further pleadings. (LMH, COURT STAFF) (Entered: 08/12/2025)

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Aug. 12, 2025

Clerks Notice

59 Aug. 13, 2025

RESPONSE in Opposition re 51 MOTION to Delay Scheduling Order and Fed. R. Civ. P. 26(f) Conference filed by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Freedman, John) (Entered: 08/13/2025)

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60 Aug. 20, 2025

REPLY to Response to Motion re 51 MOTION to Delay Scheduling Order and Fed. R. Civ. P. 26(f) Conference filed by Michael Dunleavy, Travis Welch, Jennifer Winkelman. (Harjehausen, John) (Entered: 08/20/2025)

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61 Aug. 29, 2025

RESPONSE in Opposition re 46 MOTION to Dismiss filed by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Attachments: # 1 Affidavit Declaration of John A. Freedman, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Freedman, John) (Entered: 08/29/2025)

1 Affidavit Declaration of John A. Freedman

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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62 Sept. 4, 2025

MOTION for Extension of Time to File Response/Reply Unopposed by Michael Dunleavy, Travis Welch, Jennifer Winkelman. (Attachments: # 1 Proposed Order)(Pace, Andalyn) (Entered: 09/04/2025)

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63 Sept. 4, 2025

MOTION to Withdraw as Attorney (Natalie Cauley) by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Attachments: # 1 Proposed Order)(Cauley, Natalie) (Entered: 09/04/2025)

RECAP
64 Sept. 5, 2025

MOTION to Withdraw 62 MOTION for Extension of Time to File Response/Reply Unopposed by Michael Dunleavy, Travis Welch, Jennifer Winkelman. (Attachments: # 1 Proposed Order)(Pace, Andalyn) (Entered: 09/05/2025)

RECAP
65 Sept. 9, 2025

MOTION for Extension of Time to File Response/Reply Unopposed by Michael Dunleavy, Travis Welch, Jennifer Winkelman. (Attachments: # 1 Proposed Order)(Pace, Andalyn) (Entered: 09/09/2025)

RECAP
66 Sept. 10, 2025

ORDER RE: MOTIONS: Motion for Extension of Time to File Response/Reply 62 is STRICKEN; Motion to Withdraw as Attorney 63 is GRANTED. Motion to Withdraw 64 is GRANTED; Motion for Extension of Time to File Response/Reply 65 is GRANTED. See order for further details. Signed by Judge Stanley Allen Bastian on 9/10/25. (LMH, COURT STAFF) (Entered: 09/10/2025)

RECAP
67 Sept. 19, 2025

RESPONSE in Support re 46 MOTION to Dismiss filed by Michael Dunleavy, Travis Welch, Jennifer Winkelman. (Pace, Andalyn) (Entered: 09/19/2025)

RECAP
68 Oct. 16, 2025

Miscellaneous Relief

RECAP
69 Oct. 17, 2025

Notice (Other)

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70 Oct. 21, 2025

Order AND ~Util - Set Deadlines/Hearings

RECAP
Oct. 21, 2025

1 - Set Motion and R&R Deadlines/Hearings (Private Entry)

71 Oct. 29, 2025

Response in Opposition to Motion

RECAP
72 Oct. 31, 2025

Withdraw as Attorney

RECAP
73 Nov. 3, 2025

NOTICE of Appearance by Susan C. Orlansky on behalf of All Plaintiffs (Orlansky, Susan) (Entered: 11/03/2025)

RECAP
74 Nov. 5, 2025

NOTICE of Supplemental Authority by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow re 61 Response in Opposition to Motion, (Kendrick, Corene) (Entered: 11/05/2025)

RECAP
75 Nov. 5, 2025

MOTION to Withdraw as Attorney Ruth Botstein by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow.(Wagner, Katherine) (Entered: 11/05/2025)

RECAP
76 Nov. 5, 2025

NOTICE of Appearance by Margaret A. Paton-Walsh on behalf of All Defendants (Paton-Walsh, Margaret) (Entered: 11/05/2025)

RECAP
77 Nov. 7, 2025

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Alexander J. Potcovaru. ( Pro Hac Vice Admission fee $250.00 paid. Receipt number AAKDC-3859349.) by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow.(Potcovaru, Alexander) (Entered: 11/07/2025)

RECAP
78 Nov. 7, 2025

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Alexander J. Potcovaru by Jim Adams, Gavin Christiansen, Nick Ephamka, Jr, Anthony Gilliam, Naomi Holt, Christopher Nickalaskey, Stephanie Olrun, Clarence Shirley, Rory Vail, Jeremy Whitlow. (Attachments: # 1 Exhibit Certificate of Good Standing)(Potcovaru, Alexander) (Entered: 11/07/2025)

RECAP
79 Nov. 7, 2025

CLERK'S NOTICE re 77 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Alexander Potcovaru, at docket 77, is authorized under L.Civ.R. 83.1(d). (LMH, COURT STAFF) (Entered: 11/07/2025)

RECAP
Nov. 7, 2025

Order on Motion for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney NOT using Pay.gov AND Order on Motion to Appear as Pro Hac Vice (Non-Resident ) Attorney

80 Nov. 12, 2025

NOTICE of Appearance by Lael A. Harrison on behalf of All Defendants (Harrison, Lael) (Entered: 11/12/2025)

RECAP
81 Nov. 12, 2025

NOTICE Response to Supplemental Authority by Michael Dunleavy re 74 Notice (Other), (Harrison, Lael) (Entered: 11/12/2025)

RECAP
82 Nov. 24, 2025

MINUTE ENTRY for proceedings held before Judge Stanley Allen Bastian: Status Conference held on 11/24/2025. (LMH, COURT STAFF) (Entered: 11/25/2025)

RECAP
83 Dec. 30, 2025

ORDER DENYING MOTION TO DISMISS. Defendant's Motion to Dismiss at 46 is DENIED. Defendant's Motion for Court to Take Judicial Notice of State Court Pleadings at 45 is GRANTED. See order for further details. Signed by Judge Stanley Allen Bastian on 12/30/25. (LMH, COURT STAFF) (Entered: 12/30/2025)

Clearinghouse
84 Jan. 12, 2026

MOTION for Extension of Time to File Answer (Unopposed) by Michael Dunleavy. (Attachments: # 1 Proposed Order)(Paton-Walsh, Margaret) (Entered: 01/12/2026)

1 Proposed Order

View on PACER

RECAP
85 Jan. 13, 2026

ERRATA by Michael Dunleavy, Travis Welch, Jennifer Winkelman 84 MOTION for Extension of Time to File Answer (Unopposed) filed by Michael Dunleavy. (Attachments: # 1 Supplement)(Pace, Andalyn) (Entered: 01/13/2026)

1 Supplement

View on PACER

RECAP
86 Jan. 14, 2026

ORDER granting 84 Motion for Extension of Time to Answer Gavin Christiansen answer due 1/27/2026; Michael Dunleavy answer due 1/27/2026; Travis Welch answer due 1/27/2026; Jennifer Winkelman answer due 1/27/2026. Signed by Judge Stanley Allen Bastian on 1/14/26. (LMH, COURT STAFF) (Entered: 01/14/2026)

RECAP
87 Jan. 15, 2026

NOTICE of Withdrawal of Counsel by Michael Dunleavy, Travis Welch, Jennifer Winkelman (Harjehausen, John) (Entered: 01/15/2026)

RECAP
88 Jan. 27, 2026

ANSWER to 1 Complaint by Michael Dunleavy, Travis Welch, Jennifer Winkelman.(Pace, Andalyn) (Entered: 01/27/2026)

RECAP

Case Details

State / Territory:

Alaska

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 1, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Ten incarcerated people housed in multiple Alaska DOC facilities (both pretrial and post-conviction) alleging systemwide inadequate medical, mental-health, and dental care.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

State

Alaska Department of Corrections

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Other Dockets:

District of Alaska 3:25-cv-00086

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Medical/Mental Health Care:

Dental care

Medical care, general

Mental health care, general

Suicide prevention

Wound care

Recommended Citation