Nunes et al v. UMass Correctional Health et al

Filing 46

Judge Rya W. Zobel: ORDER entered. re 27 MOTION for Preliminary Injunction filed by Richard Nunes, (Hearing set for 4/12/2011 03:00 PM in Courtroom 12 before Judge Rya W. Zobel.)(Urso, Lisa)

Nunes et al v. UMass Correctional Health et al

Doc. 46

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO. 10-12013-RWZ

RICHARD NUNES, et al. v. UMASS CORRECTIONAL HEALTH, et al.

ORDER March 21, 2011 ZOBEL, D.J. Plaintiff Richard Nunes, a state prisoner, brings suit on behalf of himself and those similarly situated, against defendant UMass Correctional Health ("UMass"), the Massachusetts Department of Correction ("DOC"), and several individual employees of both entities. He challenges a newly enacted policy by which the DOC has refused to allow him to self-administer his HIV medication and claims deliberate indifference to his medical needs in violation of his Eighth and Fourteenth Amendment constitutional rights, as well as violation of both the Americans with Disabilities Act, 42 U.S.C. §§12102 et seq. ("ADA"), and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§ 794-794a et seq. ("RA"). Pending is plaintiff Nunes' motion for a preliminary injunction. A hearing on the motion will be held on April 12, 2011, at 3:00 p.m. The parties shall proffer any evidence in admissible form. March 21, 2011 DATE /s/Rya W. Zobel RYA W. ZOBEL

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UNITED STATES DISTRICT JUDGE

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