Postawko v. Missouri Department of Corrections, No. 17-3029 (8th Cir. 2018)Annotate this Case
Plaintiffs sought class certification for their claims alleging that the MDOC and other related defendants violated the Eighth Amendment and Title II of the Americans with Disabilities Act (ADA) by providing inadequate medical screening and care for chronic Hepatitis C (HCV) viral infections. Plaintiffs alleged that the MDOC's policies exposed the class to a substantial risk of serious harm.
The Eighth Circuit affirmed the district court's grant of class certification, holding that the evidence was sufficient to permit the district court to conduct a rigorous analysis into class certification; the numerosity, commonality, and typicality requirements were met in light of the prospective injunctive and declaratory relief sought; and sufficient evidence of a common policy existed to comply with Rule 23(b)(2). Finally, the court noted that federalism concerns could be considered after the district court imposed an equitable remedy if applicable, and ADA-reated arguments did not relate to the class certification.