United States District Court, D. Delaware
GEORGE A. JACKSON, Plaintiff,
KEITH IVENS, M.D., et al., Defendants.
A. Jackson, Sussex Correctional Institution, Georgetown,
Delaware. Pro Se Plaintiff.
B. Drowos, Deputy Attorney General, Department of Justice,
State of Delaware, Wilmington, Delaware.
Counsel for Defendants State of Delaware, Delaware Department
of Correction, Stanley Taylor, Richard Kearney, Carl C.
Danberg, and James C. Welch.
A. Griffith, Whiteford, Taylor & Preston L.L.C.,
Counsel for Defendants Correctional Medical Services, Inc.
and Correctional Medical Services of Delaware, Inc.
Sarkisian, White and Williams, Wilmington, Delaware.
Counsel for Defendants Keith Ivens, M.D. and Prison Health
U.S. District Judge.
an inmate at the Sussex Correctional Institution
("SCI") in Georgetown, Delaware, originally filed
this lawsuit pro se pursuant to 42 U.S.C. §
1983, seeking, among other things, damages for the alleged
delayed diagnosis of sarcoidosis and access to certain
specialist physicians for evaluation and
treatment. (D.I. 281 at 2) Now before the Court
is Plaintiffs second motion for relief from judgment pursuant
to Fed.R.Civ.P. 60(b), filed on November 26, 2018, his
request for counsel, motion for evidentiary hearing, and
amended motion for evidentiary hearing. (D.I. 297, 299, 306,
318) For the reasons discussed below, the Court will deny the
second Rule 60(b) motion and deny as moot the remaining
discussed by the Court in its August 2, 2013 Memorandum
Order, "Plaintiff and various defendants ha[ve]
litigated this action in this Court for over a decade, and
their disputes generated numerous opinions and orders, both
from this Court and the U.S. Court of Appeals for the Third
Circuit." (D.I. 281 at 2) (citing Jackson v.
hens, 244 F.App'x 508 (3d Or. Aug. 8, 2007), and
D.I. 201, 257, 258) In his Eighth Amended Complaint,
Plaintiff alleged that the Correctional Medical Services
("CMS") Defendants deliberately refused to provide
adequate health care in violation of the Eighth Amendment.
(D.I. 201, 203) On September 28, 2012, the Court granted CMS
Defendants' motion for summary judgment; the case was
dismissed, and the Court entered judgment for the CMS
Defendants and against Plaintiff. (D.I. 247, 258, 259)
had previously settled claims with Defendants Dr. Keith Ivens
("Dr. Ivens"), Prison Health Service Inc.
("PHS"), and State Defendants Stanley Taylor
("Taylor"), Richard Kearney ("Kearney"),
Carl C. Danberg ("Danberg"), and James C. Welch
("Welch") (collectively "State
Defendants"). (See D.I. 169, 244, 260 at 4-5,
262 at 1) Plaintiff filed a motion to rescind and vacate
acceptance of Defendants' Offer of Judgment and relief
from summary judgment under Fed.R.Civ.P. 60(b). (D.I. 260)
Prior to the Court ruling on the motion, Plaintiff filed a
notice of appeal. (D.I. 265) On August 2, 2013, the Court
denied the Rule 60(b) motion. (D.I. 281) On April 24, 2014,
the United States Court of Appeals for the Third Circuit
affirmed this Court's orders granting summary judgment
and denying the Rule 60(b) motion. (D.I. 292) On November 26,
2018, Plaintiff filed a second Rule 60(b) motion and a
request for counsel. (D.I. 297, 299) Plaintiff has also filed
a motion for evidentiary hearing and an amended motion for
evidentiary hearing. (D.I. 306, 318)
August 30, 2019, Plaintiff filed a supplemental declaration
in support of his motion, opposed by the State Defendants.
(D.I. 322, 323) Although untimely, the Court considers the
declaration, but notes that it refers to results of medical
testing conducted in June ...