Lawsuit Concludes at Fluvanna Correctional Center for Women after 14 years
CHARLOTTESVILLE –Today, Scott v. Clarke, a 14-year federal civil rights class action lawsuit seeking better conditions for incarcerated Virginians at the Fluvanna Women’s Correctional Center (FCCW), has officially concluded after a hearing with Judge Moon at the federal court in the Western District of Virginia.
Filed in 2012 after an investigation into the deficient medical care provided by the Virginia Department of Corrections (VDOC) to people detained at FCCW, the case was brought by lead plaintiffs Cynthia Scott, Toni Hartlove, and Erin George, represented by Wiley Rein LLP, the Washington Lawyers’ Committee, and the Legal Aid Justice Center.
Plaintiffs and defendants entered into a settlement agreement signed by the court in February 2016. For the last decade, plaintiffs and their counsel have been working with a court-appointed medical monitor to improve healthcare at FCCW in compliance with the settlement agreement.
Some of the tangible victories in this case include the adoption of electronic medical records (EMR) at FCCW and all other VDOC institutions, an ever-improving medication-assisted treatment (MAT) program for substance use, improved dental care, a high-quality physical therapy program, and significant improvements in mental health care. There remain problems, however, including at the infirmary, where isolation is a serious issue, as well as in how FCCW handles chronic care, where regular coordination is necessary to deliver quality care and prevent mortality.
Cythnia Scott, a named plaintiff in the case, spoke of her concerns that standards may change with the case’s conclusion. “Regardless of if the lawsuit has ended, I’m still advocating for the ladies here. A lot of us are afraid that the care will go downhill from now. I hope and pray that doesn’t happen. If something falls through the cracks, that could be their life.”
Toni Hartlove, another named plaintiff, echoed the value of the court-appointed monitor and her worries about what happens next. “I’m sorry that it’s coming to a close. Dr. Venters cares about the welfare of the people here.”
“It has been a true honor and privilege to represent the interests of the women residing at the Fluvanna Correctional Center throughout the many years of this litigation,” said Ted Howard, partner at Wiley Rein, who has worked on this case since its inception. “Medical care in carceral settings will never be close to what people living outside the walls routinely take for granted, but our efforts as counsel in supporting our courageous, committed clients have, with the Court’s assistance, resulted in tangible, positive and life-saving changes in the nature and quality of the care provided at FCCW that we hope will persist long after the conclusion of this case.”
“Through our work in this case, we have had the privilege of struggling for the last decade with our courageous clients at Fluvanna, many of whom are sick, suffering and in pain,” said Anna Kurien, director of the Legal Aid Justice Center’s Civil Rights and Racial Justice program. “We remain committed to the rights of incarcerated Virginians. Virginia can and should make robust use of existing release mechanisms like parole, including geriatric and medical parole, and conditional pardons to reunite families and responsibly steward our financial resources.”
Ayesha Ahsan, Equal Justice Works Fellow at the Washington Lawyers’ Committee, said her organization “was honored to have had the opportunity to advocate for the residents of Fluvanna Correctional Center for Women—individuals who have demonstrated more than a decade of bravery and resilience and have shed light on the significant, and sometimes even fatal, shortcomings of carceral healthcare. Although this case is at its end, we are hopeful that it is only the beginning of continued improvements in medical care at FCCW which promote dignity and justice for women in prison.”
“It has been an honor to advocate alongside the Legal Aid Justice Center on behalf of the incarcerated womxn at Fluvanna,”said Dr. Rachna Vanjani, a medical expert on the case. “As a healthcare provider, I have witnessed meaningful improvements to the medical system there — and I have also witnessed ongoing harm. What weighs most heavily on me is that people with serious, chronic, and terminal illnesses are dying in isolation, without family at their side, without the full medical support they need and deserve. Fluvanna must build a robust, consistent system of care for women living with complex medical conditions — one that treats their health needs with the same seriousness and dignity afforded to any patient. And for those who are gravely ill, Virginia must prioritize compassionate release so that people are not spending their final days behind bars, alone, and without family. No one should die that way. This is not a political ask. It is a human one.”
