Case: Beehler v. Jeffes

3:83-cv-01024 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: July 25, 1983

Closed Date: 1993

Clearinghouse coding complete

Case Summary

On July 25, 1983, the female inmates of the Pennsylvania Department of Corrections at Muncy filed a class action under 42 U.S.C. § 1983 against the Pennsylvania Department of Corrections in the U.S. District Court for the Middle District of Pennsylvania, Scranton Division. The plaintiffs, represented by attorneys from Women's Law Project and American Civil Rights Union, asked the court for equitable relief. The plaintiffs' claims are based on sex discrimination, unsafe conditions of confinement…

On July 25, 1983, the female inmates of the Pennsylvania Department of Corrections at Muncy filed a class action under 42 U.S.C. § 1983 against the Pennsylvania Department of Corrections in the U.S. District Court for the Middle District of Pennsylvania, Scranton Division. The plaintiffs, represented by attorneys from Women's Law Project and American Civil Rights Union, asked the court for equitable relief.

The plaintiffs' claims are based on sex discrimination, unsafe conditions of confinement, violations of their due process rights, and interference with their religious freedom. Specifically, the plaintiffs claimed that the programs, services and facilities for female inmates were inferior to those afforded male prisoners in Pennsylvania correctional institutions.

On June 30, 1986, in a published opinion by Chief Judge William J. Nealon, the Court concluded that because of the claim preclusive aspect of the res judicata doctrine, plaintiffs in this case are precluded from asserting the majority of their § 1983 and federal constitutional claims. In the current action, many of the plaintiffs' claims involve the same causes of action raised and made part of the consent decree in an earlier case, Imprisoned Citizens Union v. Shapp, Case Nos. 70-2545, 70-3054, 71-0513, 71-1006 (E.D.Pa.) ("I.C.U.") (posted on this site at PC-PA-0005). However, the Court also concluded that those causes of action based on physical safety hazards, a lack of privacy, gender discrimination and reliance on unreliable urine tests are not precluded in this case.

On January 10, 1992, Judge Edwin M. Kosik concluded that the 8th Amendment constitutional right of the plaintiffs was not violated. Accordingly, the plaintiff's claim for equitable relief was denied. At some point in this case, the parties reached a settlement (referred to as "stipulation" in the Docket) and it was approved by Judge Edwin M. Kosik. However, the details of the settlement cannot be reproduced and verified at this moment. Plaintiffs were also awarded counsel fees and costs from the defendants in the amount of $545,327.49 at the end of the case.

Plaintiffs appealed the case to the Third Circuit Court of Appeals. In March, 1993, the Court of Appeals denied appellants' request for a rehearing and affirmed the judgment of the District Court.

Summary Authors

Xin Chen (3/30/2011)

People


Judge(s)

Kosik, Edwin Michael (Pennsylvania)

Nealon, William Joseph Jr. (Pennsylvania)

Attorneys(s) for Plaintiff

Behravesh, Ann E. (Pennsylvania)

Borden, Rebecca (Pennsylvania)

Dolan, Daniel R. (New Mexico)

Gold, Stephen F. (Pennsylvania)

Goodman, Harold I. (Pennsylvania)

Harris, Deborah (Pennsylvania)

Harvey, Thomas B. III (Pennsylvania)

Kolbert, Kathryn (Pennsylvania)

Judge(s)

Kosik, Edwin Michael (Pennsylvania)

Nealon, William Joseph Jr. (Pennsylvania)

Attorneys(s) for Plaintiff

Behravesh, Ann E. (Pennsylvania)

Borden, Rebecca (Pennsylvania)

Dolan, Daniel R. (New Mexico)

Gold, Stephen F. (Pennsylvania)

Goodman, Harold I. (Pennsylvania)

Harris, Deborah (Pennsylvania)

Harvey, Thomas B. III (Pennsylvania)

Kolbert, Kathryn (Pennsylvania)

Nicholas, Susan Cary (Pennsylvania)

Place, Thomas M (Pennsylvania)

Presser, Stefan (Pennsylvania)

Rubino, Stephen C. (New Jersey)

Wharton, Linda (Pennsylvania)

Attorneys(s) for Defendant

Brier, Daniel T. (Pennsylvania)

Doyle, Daniel J. (Pennsylvania)

Neuhauser, Gregory R. (Pennsylvania)

Otto, Theodore G. III (Pennsylvania)

Zapp, Amy (Pennsylvania)

Documents in the Clearinghouse

Document

Docket (PACER)

June 10, 1994 Docket

Published Opinion

664 F.Supp. 931

June 30, 1986 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
177

Written status report from Theodore Otto, Bureau of Corrections, with exhibits, copies to all counsel. (bs) (Entered: 07/13/1989)

July 10, 1989
179

Written status report from Theodore Otto with attachments. cc to all counsel. (bs) (Entered: 08/10/1989)

Aug. 8, 1989
180

MOTION by plaintiffs, for partial dismissal w/ attachments and c of s. (cd) (Entered: 08/18/1989)

Aug. 18, 1989
180

Notice by plaintiffs of partial dismissal (cd) (Entered: 08/18/1989)

Aug. 18, 1989
180

Memorandum of Law by plaintiffs re motion for partial dismissal w/ exhibits. (cd) Modified on 08/18/1989 (Entered: 08/18/1989)

Aug. 18, 1989
181

MOTION with brief in support by plaintiff Toni Anderson, plaintiff Pauletta Beehler, plaintiff Marie Scott, plaintiff Patricia Smith, plaintiff Sharon Wiggins, for partial dismissal of class action , with exhibit, C of S 8/16/89. (bs) (Entered: 08/21/1989)

Aug. 21, 1989

Proposed Order by plaintiff Toni Anderson, plaintiff Pauletta Beehler, plaintiff Marie Scott, plaintiff Patricia Smith, plaintiff Sharon Wiggins granting partial dismissal of class action. (bs) (Entered: 08/21/1989)

Aug. 21, 1989
182

ORDER by Judge Edwin M. Kosik granting order proposed [0−0] granting motion for partial dismissal of class action [181−1] It is ordered that the 1st, 3rd, 5th, 7th, 9th, 12th, 13th, 14th, 15th, &16th claims of plaintiffs' complaint are voluntarily dismissed w/o prejudice and 11th claim is dismissed without prejudice. Dismissal of above claims does not prejudice plaintiffs' claims for attorney fees and costs for the claims dismissed. (cc: all counsel) (bs) (Entered: 08/31/1989)

Aug. 30, 1989
184

Mail Returned containing order of 8/30/89 to Susan Carey Nicholas, Esq. − forwarding address expired. (bs) (Entered: 09/20/1989)

Sept. 12, 1989
183

ORDER by Judge Edwin M. Kosik vacating [182−1] order granting plaintiff's motion for partial dismissal. Notice shall be given to members of the class in the form proposed by plaintiffs. (cc: all counsel) original in security. (bs) (Entered: 09/19/1989)

Sept. 19, 1989
185

Mail Returned addressed to Atty. Nicholas with copy of order dated 9/19/89. − No forwarding address. (bs) (Entered: 10/11/1989)

Sept. 27, 1989

Proposed Order by plaintiff Toni Anderson, plaintiff Pauletta Beehler, plaintiff Marie Scott, plaintiff Patricia Smith, plaintiff Sharon Wiggins granting partial dismissal of class action. (bs) (Entered: 11/24/1989)

Nov. 22, 1989
186

ORDER by Judge Edwin M. Kosik granting order proposed Partial dismissal of Class Action [0−0] (cc: all counsel) (bs) (Entered: 11/27/1989)

Nov. 27, 1989
187

Mail Returned addressed to Atty. Nicholas containing order order of 11/27/89 − not remailed. (bs) (Entered: 12/11/1989)

Dec. 4, 1989
188

Written status report from DAG Amy Zapp. cc to all cnsl. (bs) (Entered: 12/11/1989)

Dec. 11, 1989

Proposed Order (Stip) by plaintiffs and defendants, re: 6 mos. continuation of stip of 6/8/89. (bs) (Entered: 12/13/1989)

Dec. 11, 1989
190

Written status report by Atty. Otto. cc to all cnsl. (bs) (Entered: 12/19/1989)

Dec. 15, 1989
189

ORDER by Judge Edwin M. Kosik granting order proposed granting continuation of stip of parties which was approved 6/8/89. [0−0] (cc: all counsel) (bs) (Entered: 12/18/1989)

Dec. 18, 1989
191

Written monthly status report by defendant cnsl. Theodore Otto. C of S per letter. (bs) (Entered: 01/18/1990)

Jan. 17, 1990
192

Written status report by defendant Glen Jeffes. cc to all cnsl. (bs) (Entered: 04/23/1990)

April 23, 1990
193

Written status report by plaintiffs w/exh. cc to all cnsl. (bs) (Entered: 06/18/1990)

June 18, 1990
194

Stipulation of all parties for 2nd 6 month continuation of stip filed on 6/5/89 (attached) w/following amendments: 1. doc. which appears as Exh. A is replaced by Appendix B (attached). 2. The reported provisions specified in Part IV sec. K of stip are eliminated; the info. ordinarily reported therein will be included instead of monthly reports to be supplied. (bs) (Entered: 07/02/1990)

June 29, 1990
194

ORDER by Judge Edwin M. Kosik granting stipulation [194−1] that doc. Exh. A filed 6/5/89 is replaced w/appex. B attached; reporting provisions specified in Part IV K of stip are eliminated instead monthly reports will be supplied. (cc: all counsel) (bs) (Entered: 07/09/1990)

July 9, 1990
196

Mail Returned containing stip order of 6/29/90 to Atty. Dolan. (bs) (Entered: 07/19/1990)

July 19, 1990
197

Mail Returned containing stip &order of 6/29/90 addressed to Susan Cary Nicholas, Esq. (bs) (Entered: 07/19/1990)

July 19, 1990
198

ORDER by Judge Edwin M. Kosik ;pretrial conferenceon issue of Medical Monitoring is scheduled for 1:00 9/6/90 (cc: all counsel) (bs) (Entered: 07/23/1990)

July 23, 1990
199

Written status report by Theoore Otto cnsl. or defendant Glen Jeffes. C of S per letter. (bs) (Entered: 07/30/1990)

July 27, 1990
200

Mail Returned containing order of 7/23/90 to Atty. Dolan − no forwarding address. (bs) (Entered: 07/31/1990)

July 30, 1990
201

Mail Returned containing order of 7/23/90 addressed to Atty. Susan Cary Nicholas. (bs) (Entered: 08/02/1990)

July 30, 1990
202

Pre−Trial Memorandum submitted by plaintiff Toni Anderson, plaintiff Pauletta Beehler, plaintiff Marie Scott, plaintiff Patricia Smith, plaintiff Sharon Wiggins (bs) (Entered: 09/05/1990)

Sept. 4, 1990
203

Proposed Findings of Fact and Conclusions of Law by plaintiff Toni Anderson, plaintiff Pauletta Beehler, plaintiff Marie plaintiff Patricia Smith, plaintiff Sharon Wiggins. C of S 9/4/90. (bs) (Entered: 09/05/1990)

Sept. 4, 1990
204

Pre−Trial Memorandum submitted by defendant Ann M Goolsby, defendant Carolyn Hill, defendant Glen Jeffes, defendant Ronald J Marks, defendant Richard Nierle, defendant Robert C Wilburn. C of S 9/4/90. (bs) (Entered: 09/06/1990)

Sept. 4, 1990

PRE−TRIAL CONF. HELD on 9/6/90. Tenative trial date for October. Cnsl. to advise Court re: transcripts and availability of witnesses. (bs) (Entered: 09/07/1990)

Sept. 6, 1990
205

ORDER by Judge Edwin M. Kosik Nonjury trial on medical monitoring is set 9:00 10/11/90 (cc: all counsel, Warden &USM) (bs) Modified on 09/14/1990 (Entered: 09/14/1990)

Sept. 14, 1990

Substitution of counsel: terminating attorney Rebecca Borden for Sharon Wiggins, attorney Susan Cary Nicholas for Sharon Wiggins, attorney Rebecca Borden for Patricia Smith, attorney Susan Cary Nicholas for Patricia Smith, attorney Rebecca Borden for Marie Scott, attorney Susan Cary Nicholas for Marie Scott, attorney Rebecca Borden for Pauletta Beehler, attorney Susan Cary Nicholas for Pauletta Beehler, attorney Rebecca Borden for Toni Anderson, attorney Susan Cary Nicholas for Toni Anderson and substituting attorney Linda Wharton. (bs) (Entered: 09/24/1990)

Sept. 24, 1990
206

Transcript filed of preliminary injunction hearing held 12/16/88 − Testimony of John Emerich. (Spearing). (bs) (Entered: 10/01/1990)

Sept. 25, 1990
207

Transcript filed of Preliminary Inj. Hearing held 12/16/88 − Testimony of Jerry Roseman. (Spearing) (bs) (Entered: 10/01/1990)

Sept. 25, 1990
208

Transcript filed of Preliminary Inj. Hearing held 12/16/88− Testimony of Donald Miller. (Spearing) (bs) (Entered: 10/01/1990)

Sept. 25, 1990
209

Transcript filed of Preliminary Inj. Hearing held 12/16/88 − Testimony of Sharon Wiggins. (Spearing) (bs) (Entered: 10/01/1990)

Sept. 26, 1990
210

RETURN OF SERVICE of Subpoena executed upon Donald E. Miller on 10/1/90 by USM (MFE $7.80) (bs) (Entered: 10/11/1990)

Oct. 5, 1990
212

ENTRY OF ATTORNEY APPEARANCE for defendant Carolyn Hill, defendant Glen Jeffes, defendant Ronald J Marks, defendant Richard Nierle, defendant Robert C Wilburn of DAG Daniel Doyle. C of S 10/11/90. (bs) (Entered: 10/11/1990)

Oct. 11, 1990
213

Transcript filed of non jury trial held 10/11/90. (Kunigiel) (bs) (Entered: 11/07/1990)

Nov. 7, 1990
214

Letter to court from Atty. Thomas Place re: briefing schedule concerning issue on med. monitoring. cc: Zapp (bs) (Entered: 01/28/1991)

Jan. 28, 1991
215

Steno notes of proceedings − non jury trial held 10/11/90 (Kunigiel) (bs) (Entered: 01/29/1991)

Jan. 29, 1991
216

Stipulation of all parties re: a third 6 month continuation of stip filed 6/5//89. Attached are replacements to said stipulation of 6/5/89. (bs) (Entered: 02/04/1991)

Feb. 1, 1991
216

ORDER by Judge Edwin M. Kosik granting stipulation that the doc. which appears as Exh. A to the stip filed on 6/5/89 is replaced by that which appears in Appendix B hereto. That reporting provisions specified in Part IV, K of the Stip are eliminated; the information ordinarily reported therein will be included instead in the monthly reports to be supplied [216−1] (cc: all counsel) (bs) (Entered: 02/08/1991)

Feb. 8, 1991
217

Undisputed Facts by plaintiffs, &defendants. (bs) (Entered: 02/13/1991)

Feb. 12, 1991
218

Undisputed facts (corrected copy) by plaintiff &defendant. (bs) (Entered: 02/14/1991)

Feb. 13, 1991
219

Brief by plaintiffs in support of req. for an order establishing a plan for medical monitoring. (bs) (Entered: 02/28/1991)

Feb. 27, 1991
220

Brief by defendant Ann M Goolsby, defendant Carolyn Hill, defendant Glen Jeffes, defendant Ronald J Marks, defendant Richard Nierle, defendant Robert C Wilburn in opposition to pltf's req. for asbestos−related medical monitoring w/exh. C of S 3/19/91. (bs) (Entered: 03/22/1991)

March 19, 1991
221

Reply brief by plaintiffs'. C of S 4/1/91. (bs) (Entered: 04/03/1991)

April 2, 1991
222

Proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW by plaintiffs. C of S 4/10/91. (bs) (Entered: 04/16/1991)

April 15, 1991
223

Transcript filed of prelimin. inj. hearing held 12/16/88 − Testimony of Gregory White. (Spearing) (bs) (Entered: 05/08/1991)

May 6, 1991
224

Transcript filed of prelim. inj. hearing held 12/16/88 − Testimony of Jack Follweiler (Spearing) (bs) (Entered: 05/08/1991)

May 6, 1991
225

MOTION with brief in support by plaintiffs for an interim award of cnsl fees and costs . C of S 6/14/91. (bs) (Entered: 06/18/1991)

June 18, 1991
226

Appendix to pltf's mot. for interim award of cnsl. fees and costs. (bs) (Entered: 06/18/1991)

June 18, 1991
227

MOTION by defendants to extend time to file resp. to pltfs' mot. for interim Attys. fees Cert. of noncon. C of S 7/5/91. (bs) (Entered: 07/11/1991)

July 5, 1991
228

Brief by plaintiffs in opposition to motion to extend time to file resp. to pltfs' mot. for interim Attys. fees [227−1] ;reply brief due 7/24/91. C of S 7/9/91. (bs) (Entered: 07/15/1991)

July 11, 1991
229

ORDER by Judge Edwin M. Kosik granting motion to extend time to file resp. to pltfs' mot. for interim Attys. fees [227−1] re motion for an interim award of cnsl fees and costs [225−1] 8/31/91 (cc: all counsel) (bs) (Entered: 07/15/1991)

July 15, 1991
230

MOTION by defendants to extend time in which to file their br. in oppos. to pltf's mot. for interim award of Attys' fees , Cert. of con. C of S 9/3/91. (bs) (Entered:

Sept. 3, 1991
232

ORDER by Judge Edwin M. Kosik granting motion to extend time in which to file their br. in oppos. to pltf's mot. for interim award of Attys' fees [230−1] [225−1] until 9/13/91 (cc: all counsel) (bs) (Entered: 09/10/1991)

Sept. 10, 1991
233

Stipulation of parties to a 6 month continuation of stip of 6/5/89 and 2/8/91. (bs) (Entered: 09/16/1991)

Sept. 12, 1991
235

MOTION by defendants to strike Cert. of noncon. C of S 9/16/91. (bs) (Entered: 09/19/1991)

Sept. 16, 1991
234

Brief by defendant in opposition to motion for an interim award of cnsl fees and costs [225−1] w/exh. ;reply brief due 9/30/91. C of S 9/16/91. (bs) (Entered: 09/19/1991)

Sept. 17, 1991
233

ORDER by Judge Edwin M. Kosik granting stipulation [233−1] that a 4th 6 month continuation of stip that was initially filed w/ct. on 6/5/89 and most recently contiued on 2/9/91, (cc: all counsel) (bs) (Entered: 09/19/1991)

Sept. 19, 1991
236

Brief (Corrected Copy) by defendants in opposition to motion for an interim award of cnsl fees and costs [225−1] ; reply brief due 10/3/91. C of S 9/20/91. (bs) (Entered: 09/24/1991)

Sept. 20, 1991
237

Brief by defendants in support of motion to strike [235−1] w/exh. C of S 9/30/91. (bs) (Entered: 10/02/1991)

Sept. 30, 1991
238

Letter to court from cnsl. for plaintiffs asking for ext. of time to file reply br. re: pending mot. for interim award of cnsl. fees and costs. copy to DAG Zapp. (bs) (Entered: 10/11/1991)

Oct. 11, 1991
239

ORDER by Judge Edwin M. Kosik granting ext. of time to file reply br. in supp. of their motion for an interim award of cnsl fees and costs [225−1] (cc: all counsel) (bs) (Entered: 10/11/1991)

Oct. 11, 1991
240

Brief by plaintiff in opposition to motion to strike [235−1] ;reply brief due 10/30/91. C of S 10/16/91. (bs) (Entered: 10/17/1991)

Oct. 17, 1991
241

Reply brief by defendants in support of motion to strike [235−1]. C of S 11/4/91. (bs) (Entered: 11/07/1991)

Nov. 4, 1991
242

NOTICE of change of address for Atty. Dolan. (bs) (Entered: 11/12/1991)

Nov. 4, 1991
243

RETURN OF SERVICE of Depos. Subpoena executed on 11/14/91 upon Morey Myers. (bs) (Entered: 11/15/1991)

Nov. 14, 1991
244

MOTION by Atty. Morey Myers to quash subpoena w/exh. Cert. of con/noncon. C of S 11/20/91. (bs) (Entered: 11/21/1991)

Nov. 20, 1991
245

MOTION with brief in support by plaintiff for payment of an interlocutory counsel fee pending disposition of their main fees motion Cert. of noncon. C of S 11/26/91. (bs) (Entered: 12/03/1991)

Nov. 27, 1991
246

Brief by unknown Morey M. Myers in support of motion to quash subpoena [244−1]. C of S 12/5/91/. (bs) (Entered: 12/09/1991)

Dec. 5, 1991
247

Affidavit of Richard Spiegelman (bs) (Entered: 12/09/1991)

Dec. 5, 1991
248

Notice by plaintiff of taking deposition of Morey Myers on 10/22/91 at 10:00 am. C of S 10/7/91. (bs) (Entered: 12/13/1991)

Dec. 5, 1991
249

MEMORANDUM − by defendants in opposition to motion for payment of an interlocutory counsel fee pending disposition of their main fees motion; C of S (jb) (Entered: 12/17/1991)

Dec. 16, 1991

Remark; Doc #249 to K. (jb) (Entered: 12/17/1991)

Dec. 17, 1991
251

BRIEF − by plaintiff in opposition to motion to quash subpoena; C of S (jb) (Entered: 12/30/1991)

Dec. 27, 1991
252

Reply brief by plaintiff in support of motion for payment of an interlocutory counsel fee pending disposition of their main fees motion [245−1]. C of S 1/3/92. (bs) (Entered: 01/06/1992)

Jan. 6, 1992
253

MEMORANDUM AND ORDER: by Judge Edwin M. Kosik [245−1] motion for payment of an interlocutory counsel fee pending disposition of their main fees motion, the ct. concludes (that the interlocutory fee dispute the defts shall pay to cnsl. for pltfs. uncontested amt. of $175,147.59 as partial payment of fees until the ct. determines otherwise) ; denying motion to quash subpoena [244−1] (cc: all counsel) (bs) (Entered: 01/14/1992)

Jan. 10, 1992
254

REPLY BRIEF FILED by Morey M. Myers regarding motion to quash subpoena [244−1] and C of S (ls) (Entered: 01/16/1992)

Jan. 13, 1992

Remark doc 254 to Kosik (ls) (Entered: 01/16/1992)

Jan. 16, 1992

Proposed Stipulation of the Parties for a 5th 6 months Stipulation (ls) (Entered: 04/22/1992)

April 20, 1992
255

Stipulation and ORDER by Judge Edwin M. Kosik :that parties hereby stipulate a 5th 6 month continuation of the stip of the parties that was initially filed w/the ct. on 6/5/89 and most recently continued on 9/19/91. (cc: all counsel) (bs) (Entered: 04/27/1992)

April 24, 1992
256

Letter to court fr DAG Zapp dated 5/6/92 re discussion of case &attaching copies various record docs from Rauser (jw) (Entered: 05/07/1992)

May 7, 1992
257

Reply brief by plaintiff in further support of their motion for an interim award of cnsl fees and costs [225−1] and c/s (jw) (Entered: 05/13/1992)

May 12, 1992
258

MEMORANDUM AND ORDER: by Judge Edwin M. Kosik The Ct concludes the 8th Amendment constitutional right of pltfs was not violated. Accordingly, the claim for equitable relief will be denied. (cc: all counsel and pltfs) (jw) (Entered: 06/24/1992)

June 24, 1992
259

MOTION by plaintiffs to proceed in forma pauperis on appeal (bs) (Entered: 07/29/1992)

July 23, 1992
260

Notice of appeal by plaintiff Pauletta Beehler, plaintiff Toni Anderson, plaintiff Sharon Wiggins, plaintiff Patricia Smith from District Court order filed 6/24/92 [258−1] (TPO handed to attorney, certified copies, notice of appeal, order being appealed, with info/ack to USCA. (cc: all counsel, C/R and Judge Kosik) (bs) (Entered: 07/29/1992)

July 23, 1992
261

ORDER by Judge Edwin M. Kosik granting motion to proceed in forma pauperis on appeal [259−1] (cc: all counsel) (bs) (Entered: 07/30/1992)

July 30, 1992
262

Transcript Purchase Order for dates: Already on file in D.C. Court TPO filed by attorney Place. (bs) (Entered: 08/03/1992)

July 31, 1992

RECORD COMPLETE FOR PURPOSES OF APPEAL (bs) (Entered: 08/03/1992)

Aug. 3, 1992

Certified copy of docket in lieu of record on appeal transmitted to USCA (bs) (Entered: 08/03/1992)

Aug. 3, 1992
263

Notification by Circuit Court of Appellate Docket Number 92−7391 (bs) (Entered: 08/04/1992)

Aug. 4, 1992
264

Acknowledgement Received from USCA for cert. list in lieu of record on appeal − ack. 8/4/92. (bs) (Entered: 08/11/1992)

Aug. 11, 1992

Proposed Stipulation of the parties to a sixth six−month continuation of previously stipulation (ls) (Entered: 10/26/1992)

Oct. 22, 1992
266

MEMORANDUM AND ORDER: by Judge Edwin M. Kosik 1. pltfs motion for award of counsel fees and costs is granted in part; 2. ptfs are awarded counsel fees and costs from defts in the amt of $545,327.49; and 3. the awarded counsel fees and costs are to be distributed in accordance with the attached Memorandum. (cc: all counsel) (ls) (Entered: 02/01/1993)

Feb. 1, 1993

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 25, 1983

Closing Date: 1993

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All female prisoners who are or will be confined at the State Correctional Institution at Muncy, PA.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Steve Gold

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

PENNSYLVANIA DEPARTMENT OF CORRECTIONS (Muncy, Lycoming), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $545,327.49

Issues

General:

Disciplinary procedures

Fire safety

Law library access

Recreation / Exercise

Religious programs / policies

Visiting

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run