Case: Wallace v. Powell/H.T. v. Ciavarella

3:09-cv-00286 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: Feb. 13, 2009

Case Ongoing

Clearinghouse coding complete

Case Summary

This case grew out of the criminal misconduct of two state court juvenile judges who sent hundreds of children to juvenile detention facilities because of bribes paid by the companies that ran those detention facilities. On February 13, 2009, the plaintiffs--children who had been adjudicated delinquent found to have violated their probation and parents of those children--brought this class action lawsuit against the judges. The plaintiffs, represented by multiple firms, sought damages against t…

This case grew out of the criminal misconduct of two state court juvenile judges who sent hundreds of children to juvenile detention facilities because of bribes paid by the companies that ran those detention facilities. On February 13, 2009, the plaintiffs--children who had been adjudicated delinquent found to have violated their probation and parents of those children--brought this class action lawsuit against the judges. The plaintiffs, represented by multiple firms, sought damages against the defendants for violations of Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961, et seq. and 42 U.S.C. § 1983. The case was filed in the U.S. District Court for the Middle District of Pennsylvania, and assigned to Judge Richard Caputo.

Specifically, the plaintiffs alleged that the two judges ("Judge Defendants") received compensation from privately-owned juvenile detention facilities ("Provider Defendants") by agreeing to place children into care of those facilities instead of the county juvenile detention facility. The plaintiffs also alleged that the Judge Defendants received payments from construction companies that built the private juvenile detention facilities ("Construction Defendants"). The plaintiffs further alleged that the Defendant Judges removed funding from the County budget for the county juvenile detention centers. Other defendants who were allegedly involved in the financial transactions were the spouses of the Judge Defendants, the owner of the privately owned juvenile detention facilities, his holding company, and his law firm ("Powell Defendants"). The plaintiffs also filed suit against the County itself and several county employees.

Over the next several months, the complaint was amended with additional plaintiffs and was consolidated with two putative class actions, Conway v. Conahan and H.T. v. Ciavarella. The case was also consolidated with five other civil actions.

Various defendants filed motions to dismiss throughout 2009. On November 20, 2009, the Court granted the Defendant Judges' motions to dismiss claims related to their courtroom conduct on the basis of judicial immunity and denied their motion for all other claims. The Court denied a defendant psychologist's motion to dismiss on the grounds of judicial immunity because his behavior was administrative and not quasi-judicial. Next, the Court granted in part a motion to dismiss for the Provider Defendants on the basis that they were complying with a court order, but denied the motion for claims related to allegations of abuse. The Court also denied the county's motion to dismiss finding that the county was not subject to the immunity doctrines that applied to its judges or commissioners. 2009 WL 4051974.

The plaintiffs continued to amend their complaints with additional parties and information, and the parties continued to engage in arguments on several motions to dismiss over the next two years. The Provider Defendants sought a preliminary injunction enjoining the Supreme Court of Pennsylvania and its agents from enforcing orders directing the defendants to expunge records related to this case, which was granted by the Court on June 9, 2010. 2010 WL 2367672.

Over the next year and a half, most of the defendants were dismissed, leaving the Judge Defendants, Provider Defendants, Construction Defendants, Powell Defendants, the county, and several county employees. On July 9, 2010, the Court dismissed the claim against the County because the plaintiffs failed to allege a policy or custom that created a cause of action for municipal liability. 2010 WL 2746394. On August 24, 2010, the Court dismissed all claims against the spouses of the Judge Defendants because the plaintiffs failed to allege actual participation in the conspiracy. The Court dismissed the substantive due process claim against the Provider Defendants and Construction Defendants because the plaintiffs did not allege deliberate conduct that the Defendants sought to harm the parent-child relationship; however, the Court found that the plaintiffs sufficiently stated all other claims against them. 2010 WL 3398995. On August 24, 2010, the Court dismissed all claims against the defendant county psychologist because the plaintiffs failed to allege facts that supported a finding that he violated their rights. 2010 WL 3398992.

On November 30, 2011, the Court dismissed additional § 1983 claims on interference with familial relations against the Provider Defendants and Construction Defendants because the plaintiffs failed to allege facts supporting their claim that the defendants deliberately directed their conduct to interfere the parent-child relationships. The Court dismissed § 1985 claims because the plaintiffs were not a discrete and insular minority. The Court also dismissed the Sixth and Eighth Amendment claims, the Fifth and Fourteenth Amendment claims, the §§ 1985 and 1986 claims, and the Juvenile Justice and Delinquency Prevention Act claim of the parents against the Chief Probation Officer. While it granted dismissal of all claims related to sentencing recommendations against the Defendant Chief Probation Officer on the grounds of qualified-judicial immunity, it denied dismissal of the claims related to her investigative role. Finally, the Court dismissed all claims against the County, the County Department of Juvenile Probation, and County officials. 2011 WL 6003916.

However, what was left was the core of the case: the Court denied dismissal of the punitive damage claims and the remaining § 1983 claims against the defendants.

On December 16, 2011, the plaintiffs and the Construction Defendants moved for preliminary approval of a class action settlement. The Court approved the settlement on December 14, 2012. 2012 WL 6552134. For the purposes of the settlement, the classes were certified as:

1. all juveniles who appeared before former Luzerne County Court of Common Pleas Judge Mark A. Ciavarella between January 1, 2003 and May 28, 2008 who were adjudicated or placed by Ciavarella ("Juvenile Settlement Class"); and

2. all parents and/or guardians of all juveniles who appeared before former Luzerne County Court of Common Pleas Judge Mark A. Ciavarella between January 1, 2003 and May 28, 2008 and who, in connection with their child's appearance: (i) made payments or had wages, social security or other entitlements garnished or withdrawn; (ii) had costs, fees, interest and/or penalties assessed against them or their child; (iii) suffered any loss of companionship and/or familial integrity ("Parent Settlement Class").

The Construction Defendants established a cash settlement fund of $17,750,000. Class Counsel were allowed to apply for up to 30% of the settlement amount in addition to litigation expenses. After payment of the above, taxes, and payment to the escrow agent, the Cash Settlement Fund was distributed to class members who turned in a proof of claim. Following this settlement, the plaintiffs voluntarily dismissed their claims against the Construction Defendants on December 26, 2012. 2012 WL 6552134.

Throughout 2012, the plaintiffs and Provider Defendants, Judge Defendants, and Powell Defendants continued to engage in discovery. On March 21, 2012, the Court denied the Provider Defendants' motion for judgment on the pleadings that argued several of the plaintiffs' claims were untimely. Instead, the Court found that the statute of limitations was tolled because the Court was still deciding on the validity of class certification. In July 2012, the Court also denied several motions and cross-motions for partial summary judgment by the plaintiffs and Provider Defendants because disputed facts remained.

On February 1, 2013, the plaintiffs moved to certify the class, and the Court granted their motion on May 14, 2013. There were two classes based on which violations the children experienced, Class A and Class B. Class A included a class for the Violation of Right to Impartial Tribunal:

"All children who were adjudicated delinquent or referred to placement by Ciavarella between 2003 and May 2008, whose adjudications were vacated, expunged, and dismissed with prejudice by orders of the Pennsylvania Supreme Court dated October 29, 2009 or March 29, 2010. See in re Expungement of Juvenile Records and Vacatur of Luzerne County Juvenile Court Consent Decrees or Adjudications from 2003-2008, No. 81-MM-2008 (Pa.)"
Class A also included two sub-classes. Subclass A.1 for Violations of Right to Counsel:
"All children in Class A who were adjudicated delinquent or referred to placement by Ciavarella without counsel and/or without colloquies on the record that informed them of their rights and the consequences of waiving those rights, before either waiving counsel and/or pleading guilty, during the time between 2003 and May 2008."
Subclass A.2 for False Imprisonment:
"All children in Class A who were referred to placement at PA Child Care and/or Western PA Child Care by Ciavarella between 2003 and May 2008."
Class B included children who experienced Violations of the RICO Act:
"All children who were adjudicated delinquent or referred to placement by Ciavarella who paid fees, costs, fines, restitution, or any other monetary charges associated with their adjudications and/or placements during the time period between 2003 and May 2008, as well as all children's parents or guardians who paid fees, costs, fines, restitution, or any other monetary charges associated with their children's adjudications and/or placements during the same time period."
2013 WL 2042369. The Plaintiffs, Judge Defendants, and Powell Defendants continued to engage in discovery throughout 2013. The Court granted default judgment against one of the Judge Defendants and several companies alleged to have participated in the wire transfers. The Court granted summary judgment in favor of the plaintiffs against the other Judge Defendant on January 9, 2014, finding him liable for all issues that were not protected by judicial immunity. 2014 WL 70092.

On May 30, 2014, the plaintiffs and Provider Defendants moved for settlement and class certification. The Court granted final approval of the settlement on July 7, 2014. For the purposes of settlement, the classes were settled as:

"a. all juveniles who appeared before former Luzerne County Court of Common Pleas Judge Mark A. Ciavarella between January 1, 2003 and May 28, 2008 who were adjudicated or placed by Ciavarella (the "Juvenile Settlement Class")' and

b. all parents and/or guardians of all juveniles who appeared before former Luzerne County Court of Common Pleas Judge Mark A. Ciavarella between January 1, 2003 and May 28, 2008 and who, in connection with their child's adjudication or placement:

(i) made payments or had wages, social security or other entitlements garnished or withdrawn;

(ii) paid costs, fees, interest and/or penalties in their own names;

(iii) suffered any loss of companionship and/or familial integrity (the "Parent Settlement Class"), and

(iv) who were not fully reimbursed as a result of claims made in connection with the Mericle Settlement, defined in the MSA."

The Provider Defendants established a $2,500,000 settlement fund. Following payment of court-approved costs and fees, the remaining amount was separated into a juvenile fund (70% of remaining funds), parent fund (15% of remaining funds), and holdback fund (15% of remaining funds). The holdback fund was to be held back and used to pay costs of appeals until all final accounting was complete for the cash settlement fund. 2014 WL 12638876.

The Plaintiffs and Powell Defendants continued to engage in discovery. On March 10, 2015, the parties moved for settlement, which the Court approved on December 21, 2015. The classes were defined as:

A. All juveniles who appeared before former Luzerne County Court of Common Pleas Judge Mark A. Ciavarella Jr. between January 1, 2003 and May 28, 2008 who were adjudicated delinquent or placed by Ciavarella ("Juvenile Settlement Class").

B. All parents and/or guardians of all juveniles in paragraph (A) who, as a result of their child's adjudication of delinquency or placement by Judge Ciavarella between January 1, 2003 and May 28, 2008: (i) made payments in their own names or had wages, social security or other entitlements in their own names garnished or withdrawn; (ii) had costs, fees, interest and/or penalties in their own names assessed against them or their child; and/or (iii) suffered any loss of companionship and/or familial integrity ("Parent Settlement Class") and were not fully reimbursed as a result of claims made in connection with the Mericle Settlement and/or the Provider Settlement, defined in the Agreement.

The Powell Defendants agreed to establish a cash settlement fund of $4,750,000. The Powell Defendants also agreed to make an additional payment of up to $2,750,000 based on Powell's net worth. The fund was established first to pay attorneys' fees and costs awarded by the Court, next to pay all settlement administration costs and costs of notice related to the settlement, and lastly, to distribute all remaining funds to the settlement class members who submitted a proof of claim form. 2015 WL 9268445.

At this point, the case was fully litigated: all the parties either were dismissed or settled. However, the Court retained jurisdiction for the enforcement and interpretation of the settlement. On December 7, 2017, the Court granted in part the plaintiffs' motion to interpret the Powell settlement agreement in order to determine the amount of time necessary to complete an evaluation of Powell's net worth and ordered the evaluation be completed by February 6, 2018. On June 6, 2018, the Court granted in part plaintiffs' motion to interpret the Powell settlement agreement, again related to the completion of the net worth evaluation. The Court required that the evaluator provide missing, relevant financial information within twenty-one days. Litigation over the net worth professional fees continued until January, 2019, when they were finally resolved.

On May 25, 2020, the case was reassigned to Chief Judge Christopher C. Conner. He issued an order on April 13, 2020 requiring the parties to file a joint status report apprising the court of which claims had settled and which remained open. The parties filed this report on April 24, 2020, stating that the Mericle, Provider, and Powell settlements had all been completed. The outstanding claims were those that plaintiffs intended to pursue against former Judges Michael T. Conahan and Mark A. Ciavarella for damages associated with existing judgments against the two.

The court ordered plaintiffs to file the appropriate motion to proceed with the remaining claims by June 1, 2020. As of May 27, 2020, the case remains open and ongoing.

Summary Authors

Cade Boland (6/29/2018)

Alex Moody (5/27/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4373155/parties/wallace-v-powell/


Judge(s)

Caputo, A. Richard (Pennsylvania)

Attorneys(s) for Plaintiff

Caroselli, William R (Pennsylvania)

Cefalo, Michael J (Pennsylvania)

DeFrancesco, Richard C (Pennsylvania)

Desai, Neha (Pennsylvania)

Dyller, Barry H. (Pennsylvania)

Fantini, Lauren C (Pennsylvania)

Farmer, Shannon D. (Pennsylvania)

Fazio, Michael A (New Jersey)

Freeman, Richard G. (Pennsylvania)

Judge(s)

Caputo, A. Richard (Pennsylvania)

Attorneys(s) for Plaintiff

Caroselli, William R (Pennsylvania)

Cefalo, Michael J (Pennsylvania)

DeFrancesco, Richard C (Pennsylvania)

Desai, Neha (Pennsylvania)

Dyller, Barry H. (Pennsylvania)

Fantini, Lauren C (Pennsylvania)

Farmer, Shannon D. (Pennsylvania)

Fazio, Michael A (New Jersey)

Freeman, Richard G. (Pennsylvania)

Gelb, Johanna L (Pennsylvania)

Hough, Timothy R (Pennsylvania)

Keach, Elmer Robert III (New York)

Keene, Rachel M. (Pennsylvania)

Keller, Emily C. (Pennsylvania)

Kleiner, Daniel E (Pennsylvania)

Levick, Marsha (Pennsylvania)

Levin, Arnold (Pennsylvania)

Melley, Rebecca S. (Pennsylvania)

Montgomery, Bridget E (Pennsylvania)

O'Mullan, Michael P (New Jersey)

Racine, Amber M (Pennsylvania)

Rosado, Lourdes M. (Pennsylvania)

Schertz, David J (Pennsylvania)

Seach, Stephen A (Pennsylvania)

Segal, Daniel (Pennsylvania)

Senoff, David S (Pennsylvania)

Valenziano, Anthony (New Jersey)

Webb, Adrianne Walvoord (Pennsylvania)

Weiss, Sol H (Pennsylvania)

Attorneys(s) for Defendant

Adelsberger, Donna L. (Pennsylvania)

Andrisani, Nathan J (Pennsylvania)

Bednarek, Nicole F. (Pennsylvania)

Benson, Laura E. (Pennsylvania)

Borland, Kimberley D. (Pennsylvania)

Brenner, Thomas Edward (Pennsylvania)

Brucker, William G. (Pennsylvania)

Caravello, Laura E. (Pennsylvania)

Ciavarella , Mark A Jr. (Pennsylvania)

Dean, John G (Pennsylvania)

Falcone, Samuel A. (Pennsylvania)

Fannick, Demetrius W. (Pennsylvania)

Fay, Joseph B.G. (Pennsylvania)

Flounlacker, John (Pennsylvania)

Gelso, Philip (Pennsylvania)

Gilmartin, Marianne J. (Pennsylvania)

Hogan, Matthew (Pennsylvania)

Huyett, Daniel Henry III (Pennsylvania)

Kraeutler, Eric (Pennsylvania)

Mahoney, Harry G. (Pennsylvania)

McCarroll, Scott D. (Pennsylvania)

McDonough, Suzanne (Pennsylvania)

McNelis, Edward P (Pennsylvania)

Myers, Timothy T (Pennsylvania)

Rhoades, Stephen D (Pennsylvania)

Schneider, Bernard M (Pennsylvania)

Schwartzman, James (Pennsylvania)

Sebelin, Jane S (Pennsylvania)

Simon, Deborah Hart (Pennsylvania)

Sinaiko, Stephen M. (New York)

Stallings, Stephen S. (Pennsylvania)

Steidle, John M. (Pennsylvania)

Swetz, James A. (Pennsylvania)

Tanchyk, Alison (Pennsylvania)

Vipond , Jonathan III (Pennsylvania)

Walsh, Kevin M. (Pennsylvania)

Wieand, Donald E. Jr (Pennsylvania)

Wiener, Susan J. (Pennsylvania)

Williams, A. Taylor (Pennsylvania)

Wishnoff, Howard (Pennsylvania)

Other Attorney(s)

Brobst, Donald H. (Pennsylvania)

Campenni, Thomas J. (Pennsylvania)

Daley, Michael P (Pennsylvania)

Davison, Robert V. (Pennsylvania)

Feldman, Jeffrey S (Pennsylvania)

Kostelansky, Michael R. (Pennsylvania)

Mattern, Harry P. (Pennsylvania)

Menn, Stephen M. (Pennsylvania)

Richman, Jessica L (Pennsylvania)

Sheppard, Mark B (Pennsylvania)

Vinsko, William E. (Pennsylvania)

Yeager, Joseph J. (Pennsylvania)

Documents in the Clearinghouse

Document

Docket [PACER]

H.T. v. Ciavarella

Jan. 9, 2013 Docket

Docket [PACER]

Wallace v. Powell

June 18, 2018 Docket
1

Class Action Complaint

Wallace v. Powell

Feb. 13, 2009 Complaint
1

Complaint-Class Action

H.T. v. Ciavarella

Feb. 26, 2009 Complaint
50

Amended Complaint-Class Action

H.T. v. Ciavarella

April 23, 2009 Complaint
335

Memorandum

Wallace v. Powell

2009 WL 6850318

Nov. 20, 2009 Order/Opinion
336

Memorandum and Order

Wallace v. Powell

2009 WL 4051974

Nov. 20, 2009 Order/Opinion
411

Memorandum

Wallace v. Powell

2010 WL 785253

March 1, 2010 Order/Opinion
530

Memorandum and Order

Wallace v. Powell

2010 WL 2367672

June 9, 2010 Order/Opinion
537

Memorandum and Order

Wallace v. Powell

2010 WL 2746394

July 9, 2010 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4373155/wallace-v-powell/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against Mark A. Ciavarella, Jr, Michael T. Conahan, Robert J. Powell, Robert Mericle, Gregory Zappala, Cindy Ciavarella, Barbara Conahan, Mericle Constructions, Inc., Mid−Alantic Youth Services, PA Child Care, LLC, Western PA Child Care, LLC, Pinnacle Group Of Jupiter, LLC, Vision Holdings, LLC, Beverage Marketing of Pennsylvania, Inc. ( Filing fee $350, Receipt Number 1508555), filed by William Dixon, J.G., Brian Gyle, Wayne Gyle, Tracey Harvey, D.J., Barbara Kearns, Jessica Thurston, Barbara Thurston, Kurt Kruger, Susan Mishanski, J.M.K., Edward Kenzakoski, III, J.K., B.L., Anthony Millan, Damon Millan, Cindy Millan, Paul Morgan, Jr, Steven Palchanis, Jr, Steven Palchanis, Sr, M.Y., Jamie Quinn, K.R., David Rowlands, Mary Seville, Michael S. Scarlato, H.T., Michael P. Scarlato, Tina Scarlato, A.S., James Swartley, Michael Vitali, P.S., M.M.W., John Ashford, Jr, Donna Ashford, Shane Bly, G.B., Daryl Charles, Liza Charles, William Clarke, Glenn Cooper, Karen Cooper, S.S., Richard Copeland, II, Donna Copeland, Richard Copeland, Chad Derhammer, A.D., Matthew Dougherty, E.E., K.E., L.E., A.F., Jessica Van Reeth, L.F., J.D.F., J.F., Alexandra Fahey, L.H., Michael Haines, Barbara Haines, Edward Kane, Jr, Brianna Kee, Matthew Kopetchny, Jack Van Reeth, Magee Mott, G.M., Krystal Pope, Lisa Scarbrough, Laurie Scarbrough, Marshond Seward, J.S., Chad Uca, W.U., B.R.W., M.K., Charles Balasavage, JR, Charles Balasavage, Joanne Balasavage, Jesse Balliet, Sarah Myers, B.W., Frank Weber, Florence Myers, Steve Brannigan, Lisa Brannigan, Jeffrey Bruno, Jay Bruno, Scott Bukoski, D.C., Ruth Davis, Carol Fronczek, Kevin Williamson. (Attachments: # 1 Civil Cover Sheet)(cw, ) (Entered: 02/26/2009)

Feb. 26, 2009
542

PACER
543

PACER

Summons Issued as to Mark A. Ciavarella, Jr, Michael T. Conahan, Robert J. Powell, Robert Mericle, Gregory Zappala, Cindy Ciavarella, Barbara Conahan, Mericle Constructions, Inc., Mid−Alantic Youth Services, PA Child Care, LLC, Western PA Child Care, LLC, Pinnacle Group Of Jupiter, LLC, Vision Holdings, LLC, Beverage Marketing of Pennsylvania, Inc. and provided to Attorney Rosado for service on Defendant(s). (cw, ) (Entered: 02/26/2009)

Feb. 26, 2009

SPECIAL ADMISSION FORM SENT to Lourdes M. Rosado. (jc) (Entered: 02/27/2009)

Feb. 27, 2009
544

PACER
545

PACER

SPECIAL ADMISSION FORM SENT to Marsha L. Levick. (jc) (Entered: 02/27/2009)

Feb. 27, 2009
546

PACER
2

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Lourdes M. Rosado on behalf of all plaintiffs Attorney Lourdes M. Rosado is seeking special admission. Filing Fee: 25.00 Receipt Number: 333009287 (bg, ) (Entered: 03/09/2009)

March 9, 2009
547

PACER
3

SPECIAL ADMISSIONS FORM APPROVED as to Lourdes M. Rosado, Esq.Signed by Honorable A. Richard Caputo on 3/10/09. (jam, ) (Entered: 03/10/2009)

March 10, 2009
548

PACER
5

LETTER ORDER Re: Case Assignment and Procedures. Signed by Honorable A. Richard Caputo on 3/12/09. (jam, ) (Entered: 03/12/2009)

March 12, 2009

Summons Reissued as to Mark A. Ciavarella, Jr, Michael T. Conahan, Robert J. Powell, Robert Mericle, Gregory Zappala, Cindy Ciavarella, Barbara Conahan, Mericle Constructions, Inc., Mid−Alantic Youth Services, PA Child Care, LLC, Western PA Child Care, LLC, Pinnacle Group Of Jupiter, LLC, Vision Holdings, LLC, Beverage Marketing of Pennsylvania, Inc. Per phone call from Attorney Lordes Rosado summons reissued due to incorrect addresses placed on summons. (cw, ) (Entered: 03/19/2009)

March 19, 2009
549

PACER
6

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kimberly D. Borland on behalf of Robert Mericle, Mericle Constructions, Inc. Attorney Nathan J. Andrisani, Esquire is seeking special admission. Filing fee $ 25, receipt number 03140000000001530029.. (Borland, Kimberly) (Entered: 03/23/2009)

March 23, 2009
550

PACER
551

PACER
7

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kimberly D. Borland on behalf of Robert Mericle, Mericle Constructions, Inc. Attorney Matthew J.D. Hogan is seeking special admission. Filing fee $ 25, receipt number 03140000000001530068.. (Borland, Kimberly) (Entered: 03/23/2009)

March 23, 2009
552

PACER
8

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kimberly D. Borland on behalf of Robert Mericle, Mericle Constructions, Inc. Attorney Alison Tanchyk Dante is seeking special admission. Filing fee $ 25, receipt number 03140000000001530072.. (Borland, Kimberly) (Entered: 03/23/2009)

March 23, 2009
9

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kimberly D. Borland on behalf of Robert Mericle, Mericle Constructions, Inc. Attorney Eric Kraeutler is seeking special admission. Filing fee $ 25, receipt number 03140000000001530078.. (Borland, Kimberly) (Entered: 03/23/2009)

March 23, 2009
553

PACER
10

SPECIAL ADMISSIONS FORM APPROVED as to Nathan J. Andrisani, Esq. Signed by Honorable A. Richard Caputo on 3/26/09. (jam, ) (Entered: 03/27/2009)

March 26, 2009
554

PACER
555

PACER
11

SPECIAL ADMISSIONS FORM APPROVED as to Matthew J.D. Hogan, Esq. Signed by Honorable A. Richard Caputo on 3/26/09. (jam, ) (Entered: 03/27/2009)

March 26, 2009
12

SPECIAL ADMISSIONS FORM APPROVED as to Eric Kraeutler, Esq. Signed by Honorable A. Richard Caputo on 3/26/09. (jam, ) (Entered: 03/27/2009)

March 26, 2009
556

PACER
13

SPECIAL ADMISSIONS FORM APPROVED as to Alison Tanchyk Dante, Esq. Signed by Honorable A. Richard Caputo on 3/26/09. (jam, ) (Entered: 03/27/2009)

March 26, 2009
557

PACER
14

MOTION to Dismiss Plaintiff Complaint by Mark A. Ciavarella, Jr. (Attachments: # 1 Proposed Order)(bg, ) (Entered: 03/31/2009)

March 31, 2009
558

PACER
559

PACER
15

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Bernard M Schneider on behalf of Gregory Zappala, Mid−Alantic Youth Services, PA Child Care, LLC, Western PA Child Care, LLC Attorney Bernard Schneider is seeking special admission. Filing fee $ 25, receipt number 03140000000001538342.. (Schneider, Bernard) (Entered: 03/31/2009)

March 31, 2009
560

PACER
16

NOTICE of Appearance by Alison T. Dante on behalf of Robert Mericle, Mericle Constructions, Inc. (Dante, Alison) (Entered: 04/02/2009)

April 2, 2009
17

NOTICE of Appearance by Nathan J. Andrisani on behalf of Robert Mericle, Mericle Constructions, Inc. (Andrisani, Nathan) (Entered: 04/02/2009)

April 2, 2009
561

PACER
18

STIPULATION Stipulation for Extension of Time for Robert K. Mericle and Mericle Construction, Inc., to Answer or Otherwise Plead by Robert Mericle, Mericle Constructions, Inc.. (Borland, Kimberly) (Entered: 04/02/2009)

April 2, 2009
562

PACER
19

NOTICE of Appearance by Matthew J.D. Hogan on behalf of Robert Mericle, Mericle Constructions, Inc. (Hogan, Matthew) (Entered: 04/02/2009)

April 2, 2009
563

PACER
564

PACER
21

SPECIAL ADMISSIONS FORM APPROVED as to Bernard M. Schneider, Esq.Signed by Honorable A. Richard Caputo on 4/2/09. (jam, ) (Entered: 04/02/2009)

April 2, 2009
565

PACER
22

NOTICE of Appearance by Philip Gelso on behalf of Michael T. Conahan, Pinnacle Group Of Jupiter, LLC, Beverage Marketing of Pennsylvania, Inc. (Gelso, Philip) (Entered: 04/04/2009)

April 4, 2009
566

PACER
23

STIPULATION for Extension of Time To Answer, File Motions Pursuant to F.R.C.P. 12 or Otherwise Plead by Michael T. Conahan, Pinnacle Group Of Jupiter, LLC, Beverage Marketing of Pennsylvania, Inc.. (Attachments: # 1 Proposed Stipulated Order)(Gelso, Philip) (Entered: 04/06/2009)

April 6, 2009
567

PACER
33

SUMMONS Returned Executed by All Plaintiffs. Mark A. Ciavarella, Jr served on 3/10/2009, answer due 3/30/2009; Michael T. Conahan served on 3/10/2009, answer due 3/30/2009; Cindy Ciavarella served on 3/10/2009, answer due 3/30/2009; Barbara Conahan served on 3/10/2009, answer due 3/30/2009; Beverage Marketing of Pennsylvania, Inc. served on 3/10/2009, answer due 3/30/2009. (Rosado, Lourdes) Modified on 4/8/2009 (ga, ). (Entered: 04/08/2009)

April 6, 2009
34

SUMMONS Returned Executed by All Plaintiffs. Robert J. Powell served on 3/11/2009, answer due 3/31/2009; Mid−Alantic Youth Services served on 3/11/2009, answer due 3/31/2009; PA Child Care, LLC served on 3/11/2009, answer due 3/31/2009; Western PA Child Care, LLC served on 3/11/2009, answer due 3/31/2009. (Rosado, Lourdes) Modified on 4/8/2009 (ga, ). (Entered: 04/08/2009)

April 6, 2009
568

PACER

Documents #'s 24 − 32 "Affidavit of Service" deleted, re−filed correctly by attorney as Documents #33 and #34 "Summons Returned Executed". (ga, ) (Entered: 04/08/2009)

April 8, 2009
569

PACER
35

First MOTION for Extension of Time to File Answer re 1 Complaint,,,,,, by Mid−Alantic Youth Services.(Schneider, Bernard) (Entered: 04/08/2009)

April 8, 2009
570

PACER
36

First MOTION for Extension of Time to by PA Child Care, LLC.(Schneider, Bernard) (Entered: 04/08/2009)

April 8, 2009
571

PACER
37

First MOTION for Extension of Time to File Answer re 1 Complaint,,,,,, by Western PA Child Care, LLC.(Schneider, Bernard) (Entered: 04/08/2009)

April 8, 2009
572

PACER
38

MEMORANDUM OF LAW by Mark A. Ciavarella, Jr re 14 MOTION to Dismiss. (bg, ) (Entered: 04/09/2009)

April 9, 2009
575

PACER
576

PACER
39

SCHEDULING ORDER: ORDERED that Counsel for all parties shall appear for an initial conference on FRIDAY, MAY 8, 2009 at 10:00 AM in Chambers, Wilkes Barre. See Order for additional details. Signed by Honorable A. Richard Caputo on 4/9/09. (jam, ) (Entered: 04/09/2009)

April 9, 2009
40

WAIVER OF SERVICE Returned by All Plaintiffs. Mericle Constructions, Inc. waiver sent on 4/6/2009, answer due 6/5/2009. (Rosado, Lourdes) (Entered: 04/09/2009)

April 9, 2009
577

PACER
578

PACER
41

WAIVER OF SERVICE Returned by All Plaintiffs. Robert Mericle waiver sent on 3/11/2009, answer due 5/11/2009. (Rosado, Lourdes) (Entered: 04/09/2009)

April 9, 2009
42

NOTICE of Appearance by Ruth S. Borland on behalf of Robert Mericle, Mericle Constructions, Inc.. (Borland, Ruth) (Entered: 04/09/2009)

April 9, 2009
579

PACER
580

PACER
43

NOTICE of Appearance by Stephen D. Rhoades on behalf of Barbara Conahan (Rhoades, Stephen) (Entered: 04/14/2009)

April 14, 2009
44

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Marsha L. Levick on behalf of all plaintiffs Attorney Marsha L. Levick is seeking special admission. Filing Fee: 25.00 Receipt Number: 333009734. (bg, ) (Entered: 04/16/2009)

April 16, 2009
581

PACER
582

PACER
45

SPECIAL ADMISSIONS FORM APPROVED as to Marsha L. Levick, Esq.Signed by Honorable A. Richard Caputo on 4/17/09. (jam, ) (Entered: 04/17/2009)

April 17, 2009
46

WAIVER OF SERVICE Returned by All Plaintiffs. Gregory Zappala waiver sent on 4/15/2009, answer due 6/15/2009. (Rosado, Lourdes) (Entered: 04/20/2009)

April 20, 2009
583

PACER
584

PACER
48

NOTICE of Appearance by Edward P. McNelis on behalf of Cindy Ciavarella, Barbara Conahan (McNelis, Edward) (Entered: 04/21/2009)

April 21, 2009
49

NOTICE of Appearance by Rebecca L. Santoro on behalf of all plaintiffs (Santoro, Rebecca) (Entered: 04/21/2009)

April 21, 2009
585

PACER

SPECIAL ADMISSION FORM SENT to Edward P. McNelis. (jc) (Entered: 04/22/2009)

April 22, 2009
586

PACER
50

AMENDED COMPLAINT against all defendants, filed by All Plaintiffs. (Attachments: # 1 Exhibit(s) Exhibits A and B to amended complaint, # 2 Certificate of Service)(Rosado, Lourdes) (Entered: 04/23/2009)

April 23, 2009
587

PACER
51

CASE MANAGEMENT PLAN by William Dixon, J.G., Brian Gyle, Wayne Gyle, Tracey Harvey, D.J., Barbara Kearns, Jessica Thurston, Barbara Thurston, Kurt Kruger, Susan Mishanski, J.M.K., Edward Kenzakoski, III, J.K., B.L., Anthony Millan, Damon Millan, Cindy Millan, Paul Morgan, Jr, Steven Palchanis, Jr, Steven Palchanis, Sr, M.Y., Jamie Quinn, K.R., David Rowlands, Mary Seville, Michael S. Scarlato, H.T., Michael P. Scarlato, Tina Scarlato, A.S., James Swartley, Michael Vitali, P.S., M.M.W., John Ashford, Jr, Donna Ashford, Shane Bly, G.B., Daryl Charles, Liza Charles, William Clarke, Glenn Cooper, Karen Cooper, S.S., Richard Copeland, II, Donna Copeland, Richard Copeland, Chad Derhammer, A.D., Matthew Dougherty, E.E., K.E., L.E., A.F., Jessica Van Reeth, L.F., J.D.F., J.F., Alexandra Fahey, L.H., Michael Haines, Barbara Haines, Edward Kane, Jr, Brianna Kee, Matthew Kopetchny, Jack Van Reeth, Magee Mott, G.M., Krystal Pope, Lisa Scarbrough, Laurie Scarbrough, Marshond Seward, J.S., Chad Uca, W.U., B.R.W., M.K., Charles Balasavage, JR, Charles Balasavage, All Plaintiffs, Joanne Balasavage, Jesse Balliet, Sarah Myers, B.W., Frank Weber, Florence Myers, Steve Brannigan, Lisa Brannigan, Jeffrey Bruno, Jay Bruno, Scott Bukoski, D.C., Ruth Davis, Carol Fronczek, Kevin Williamson. (Attachments: # 1 Exhibit(s) A −− Documents That May Be Requested or Subpoenaed, # 2 Certificate of Service)(Santoro, Rebecca) (Entered: 05/03/2009)

May 3, 2009
588

PACER
52

NOTICE of Appearance by Deborah Hart Simon on behalf of Luzerne County. (Simon, Deborah) (Entered: 05/04/2009)

May 4, 2009
589

PACER
53

NOTICE of Appearance by John G. Dean on behalf of Luzerne County. (Dean, John) (Entered: 05/04/2009)

May 4, 2009
590

PACER
54

NOTICE of Appearance by Timothy T. Myers on behalf of Luzerne County. (Myers, Timothy) (Entered: 05/04/2009)

May 4, 2009
591

PACER
55

WAIVER OF SERVICE Returned by All Plaintiffs. Luzerne County waiver sent on 4/27/2009, answer due 6/26/2009. (Rosado, Lourdes) (Entered: 05/07/2009)

May 7, 2009
592

PACER
57

ORDER finding as moot 14 Motion to Dismiss. IT IS HEREBY ORDERED THAT Defendant's Motion to Dismiss (Doc. 14) is moot, and is therefore DENIED without prejudice. Signed by Honorable A. Richard Caputo on 5/13/09 (jam, ) (Entered: 05/13/2009)

May 13, 2009
593

PACER

State / Territory: Pennsylvania

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: Feb. 13, 2009

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Children who had been adjudicated delinquent, found to have violated their probation and parents of those children

Plaintiff Type(s):

City/County Plaintiff

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Juvenile Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Robert J. Powell, Private Entity/Person

Michael T. Conahan, Private Entity/Person

PA Child Care, LLC, Private Entity/Person

Mericle Construction, Inc., Private Entity/Person

Luzerne County (Luzerne), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 et seq.

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Preliminary injunction / Temp. restraining order

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Conditional Dismissal

Amount Defendant Pays: 25000000

Order Duration: 2012 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Classification / placement

Informed consent/involuntary medication

Juveniles

Over/Unlawful Detention

Parents (visitation, involvement)

Type of Facility:

Government-run

Non-government for profit