Andrew Kinsey
@andrewkinsey.bsky.social
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Nobody special. Just a lawyer with a family. Oxford comma advocate. SFF fan. Hobby woodworker, baker, and gardener. He/Him.
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![On the one hand, in its answering brief, Wellpath represented
that it does not “receive federal funds.” Medical Appellees’
Answering Br. 20 n.2. On the other hand, that statement
conflicts with court filings and government websites that
indicate Wellpath directly receives federal financial assistance.
See, e.g., U.S. Dep’t of Agric., Distance Learning &
Telemedicine Grants FY 2023, at 4, https://perma.cc/5Y5S-
54A5 (awarding “Wellpath, LLC” a federal grant); see also
Vanderklok v. United States, 868 F.3d 189, 205 n.16 (3d Cir.
2017) (explaining that we can take judicial notice of “publicly
available [information] on government websites”). In advance
of oral argument, this Court advised the parties to be prepared
to address this issue. But oral argument did not bring clarity.
Instead, Wellpath’s counsel, after initially representing that
Wellpath has never directly or indirectly received federal funds
of any kind, then acknowledged that she could not explain the
public documents to the contrary and that she had not, in fact,
investigated the matter. And after representing that she would
follow up with her client and submit supplemental briefing, she
failed to do so, requiring us, two weeks later, to formally order
Wellpath to submit that briefing. What Wellpath then provided
also failed to engage, much less resolve, the conflict between
its blanket denials and the public records.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:yauoamoy7surmmvwm5s4nahm/bafkreic4vor72up3vswh7prn2xosshewunfb7kq6bgrrgdi63sn62sdjbi@jpeg)
![At the time, the Middle District required pro
se prisoners bringing civil rights claims to file their actions
using a specific, court-issued complaint form. That document,
entitled “FORM TO BE USED BY A PRISONER IN FILING
A CIVIL RIGHTS COMPLAINT IN THE UNITED STATES
DISTRICT COURT FOR THE MIDDLE DISTRICT OF
PENNSYLVANIA,” directed the filer, under the “statement of
claim” section, to “[d]escribe how each defendant is involved,
including dates and places,” and to do so “as briefly as
possible.” App. 33, 36. And by “briefly,” it meant within the
twelve lines provided, or, if prisoners needed to say more, they
could “[a]ttach no more than three extra sheets.” Id. at 36.
Montanez complied, filling out all twelve lines and writing out
exactly three additional pages of allegations.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:yauoamoy7surmmvwm5s4nahm/bafkreibyqgftctn66y7eei3ipulnvknd6ruawfi5lh7jccsvkb33h5fhs4@jpeg)
Reposted by Andrew Kinsey