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NUNES v. MASSACHUSETTS DEPT. OF CORRECTION

No. 13-2346.

766 F.3d 136 (2014)

Richard NUNES; Carl Coe; John Doe; Peter Poe; Richard Roe, on behalf of themselves and others similarly situated, Plaintiffs, Appellants, v. MASSACHUSETTS DEPARTMENT OF CORRECTION; Thomas Groblewski; Mark Waitkevich, Defendants, Appellees, Umass Correctional Health; Leonard McGuire; Warren Ferguson; Judith Steinberg, Defendants.

United States Court of Appeals, First Circuit.

September 12, 2014.

Attorney(s) appearing for the Case

Joel H. Thompson , with whom Tatum A. Pritchard and Prisoners' Legal Services were on brief, for appellants.

Tory A. Weigand , with whom James A. Bello and Morrison Mahoney LLP were on brief, for appellee Thomas Groblewski.

Nancy Ankers White , Special Assistant Attorney General, and Sheryl F. Grant on brief for appellees Massachusetts Department of Corrections and Mark Waitkevich.

Before KAYATTA, BALDOCK, and SELYA, Circuit Judges.

KAYATTA, Circuit Judge.

Massachusetts prisons provide inmates with semi-monthly or monthly supplies of some medications, which the prisoners then store in their cells and take on their own. Other medications are dispensed in single doses to prisoners, to be ingested at the dispensing window. Five prisoners with HIV challenge the decision of prison officials to dispense HIV medication only in single doses at the dispensing window. The plaintiffs claim violations of...

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