Case: Disability Rights Network of Pennsylvania v. Wetzel

1:13-cv-00635 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: March 11, 2013

Closed Date: Jan. 15, 2015

Clearinghouse coding complete

Case Summary

On March 11, 2013, the Disability Rights Network (DRN), a Pennsylvania non-profit, filed suit in the U.S. District Court for the Middle District of Pennsylvania against the Pennsylvania Department of Corrections (PDOC). DRN alleged that the PDOC violated the Eighth Amendment's prohibition on cruel and unusual punishment in its use of solitary confinement "Restrictive Housing Units" (RHUs). There are no prisoner plaintiffs, and the case is not a class action; DRN has been designated by the Commo…

On March 11, 2013, the Disability Rights Network (DRN), a Pennsylvania non-profit, filed suit in the U.S. District Court for the Middle District of Pennsylvania against the Pennsylvania Department of Corrections (PDOC). DRN alleged that the PDOC violated the Eighth Amendment's prohibition on cruel and unusual punishment in its use of solitary confinement "Restrictive Housing Units" (RHUs). There are no prisoner plaintiffs, and the case is not a class action; DRN has been designated by the Commonwealth of Pennsylvania as an entity that can advocate for and protect the rights of Pennsylvanians with mental illness, pursuant to the Protection and Advocacy for Individuals with Mental Illness Act, 42 U.S.C. §§ 10801-07.

According to the complaint, the Pennsylvania Department of Corrections violated the rights of prisoners with severe mental illness by creating a cycle of solitary confinement and mental deterioration through the use of RHUs. DRN alleged that the PDOC regularly disciplined mentally ill prisoners for behavior symptomatic of their mental illnesses, and failed to take account of the role of mental illness in their behavior and the particularly detrimental effect of solitary confinement on the mentally ill, whose conditions worsened when deprived of human contact and adequate treatment. DRN further alleged that the PDOC did not maintain adequate therapeutic alternatives to RHUs for the number of mentally ill prisoners in the system and that PDOC nevertheless underutilized the treatment facilities it had by placing mentally ill prisoners in solitary confinement, even when there were significant numbers of beds available in appropriate treatment programs.

On January 5, 2015, the parties executed a Settlement Agreement providing for the dismissal of the matter without prejudice and retention of limited jurisdiction by the Court to enforce the agreement. In accordance with the parties' wishes, the Court dismissed the matter on January 15, 2015. Under the terms of the agreement, the PDOC neither admitted nor conceded any liability, wrongdoing, or violation of law, but agreed to continue with the implementation of specified improvements to its policies, practices, and facilities, under the supervisions of DRN. In particular, under the settlement, the PDOC will evaluate all incoming prisoners for serious mental illness, including schizophrenia, bipolar disorder and major depressive disorder, and will place prisoners with serious mental illness in the RHUs only in "exceptional" circumstances; even then, a prisoner with serious mental illness can be kept in solitary confinement for no longer than 30 days and must be allowed out of their cells for 20 hours per week. The settlement provided for a monitor to report on compliance.

The PDOC also agreed to pay DRN $750,000, in full satisfaction of all existing claims, fees, and costs. On May 5, 2015 the parties jointly filed an addendum to the settlement agreement wherein it would remain in effect for 3 years (less if the defendant could demonstrate substantial compliance for a period of 18 months). If the plaintiffs feel during that three years that the defendant is in noncompliance, the settlement specifies a procedure to follow, which could lead to an order of specific performance if the court agrees.

There has been no activity on the docket since May 2015 and the case is presumably closed since the three year time period set in the agreement has lapsed.

Summary Authors

Kenneth Gray (7/23/2013)

Robert Lake (6/5/2015)

Hope Brinn (8/12/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/13161722/parties/disability-rights-network-of-pennsylvania-v-wetzell/


Judge(s)

Jones, John E. III (Pennsylvania)

Schwab, Susan (Pennsylvania)

Attorneys(s) for Plaintiff

Bonthuis, Mari (New York)

Darr, Kelly L. (Pennsylvania)

Formichelli, Michael (New York)

Hellerman, Eric (New York)

Kornblau, David L. (New York)

Love, Angus R. (Pennsylvania)

Meek, Robert W. (Pennsylvania)

Roper, Mary Catherine (Pennsylvania)

Judge(s)

Jones, John E. III (Pennsylvania)

Schwab, Susan (Pennsylvania)

Attorneys(s) for Plaintiff

Bonthuis, Mari (New York)

Darr, Kelly L. (Pennsylvania)

Formichelli, Michael (New York)

Hellerman, Eric (New York)

Kornblau, David L. (New York)

Love, Angus R. (Pennsylvania)

Meek, Robert W. (Pennsylvania)

Roper, Mary Catherine (Pennsylvania)

Rudovsky, David (Pennsylvania)

Skakalski, Jeffrey M. (Pennsylvania)

Walczak, Witold J. (Pennsylvania)

Yeh, Su Ming (Pennsylvania)

Attorneys(s) for Defendant

Fulginiti, Joseph (Pennsylvania)

Gates, Timothy (Pennsylvania)

Kramer, Barry N. (Pennsylvania)

Lewis, Maryanne (Pennsylvania)

Perez, Theron (Pennsylvania)

Documents in the Clearinghouse

Document

1:13-cv-00635

Docket [PACER]

May 5, 2015

May 5, 2015

Docket

PA DOC Sued on Behalf of Prisoners with Serious Mental Illness Held in Solitary Confinement

No Court

March 11, 2013

March 11, 2013

Press Release
1

1:13-cv-00635

Complaint

March 11, 2013

March 11, 2013

Complaint
59

1:13-cv-00635

Settlement Agreement and General Release

Jan. 9, 2015

Jan. 9, 2015

Settlement Agreement
62

1:13-cv-00635

Order Dismissing Case

Jan. 15, 2015

Jan. 15, 2015

Order/Opinion
63

1:13-cv-00635

Addendum to Settlement Agreement

May 5, 2015

May 5, 2015

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13161722/disability-rights-network-of-pennsylvania-v-wetzell/

Last updated Aug. 6, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT - N/C to cnsl.; no jury trial demanded. ( Filing fee $350, Receipt Number 2721290) (Attachments: # 1 Civil Cover Sheet)(jc) (Entered: 03/12/2013)

1 Civil Cover Sheet

View on PACER

March 11, 2013

March 11, 2013

PACER
2

DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Disability Rights Network of Pennsylvania. (jc) (Entered: 03/12/2013)

March 11, 2013

March 11, 2013

PACER
3

SUMMONS ISSUED as to John Wetzell and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (jc) (Entered: 03/12/2013)

March 12, 2013

March 12, 2013

PACER

SPECIAL ADMISSION FORM AND ECF REGISTRATION FORM SENT to Jeffrey M. Skakalski. (jc)

March 12, 2013

March 12, 2013

PACER

SPECIAL ADMISSION FORM AND ECF REGISTRATION FORM SENT to David L. Kornblau electronically. (jc)

March 12, 2013

March 12, 2013

PACER

SPECIAL ADMISSION FORM AND ECF REGISTRATION FORM SENT to Eric Hellerman. (jc)

March 12, 2013

March 12, 2013

PACER

SPECIAL ADMISSION FORM AND ECF REGISTRATION FORM SENT to Mari Bonthuis. (jc)

March 12, 2013

March 12, 2013

PACER

SPECIAL ADMISSION FORM AND ECF REGISTRATION FORM SENT to David Rudovsky electronically. (jc)

March 12, 2013

March 12, 2013

PACER

SPECIAL ADMISSION FORM AND ECF REGISTRATION FORM SENT to Angus R. Love electronically. (jc)

March 12, 2013

March 12, 2013

PACER
4

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by David L. Kornblau on behalf of Disability Rights Network of Pennsylvania Attorney David Kornblau is seeking special admission. Filing fee $ 50, receipt number 0314-2723728.. (Kornblau, David) (Entered: 03/12/2013)

March 12, 2013

March 12, 2013

PACER

DOCKET ANNOTATION: NY State Bar Record verified for David L. Kornblau. PA State Bar Record verified for Robert W. Meek. (jc)

March 12, 2013

March 12, 2013

PACER
5

SPECIAL ADMISSIONS FORM APPROVED as to David L. Kornblau (eo) (Entered: 03/13/2013)

March 13, 2013

March 13, 2013

PACER
6

SCHEDULING ORDER: Case Management Conference set for 5/31/2013. (eo) (Entered: 03/13/2013)

March 13, 2013

March 13, 2013

PACER
7

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Mari Bonthuis on behalf of Disability Rights Network of Pennsylvania Attorney Mari Bonthuis is seeking special admission. Filing fee $ 50, receipt number 0314-2724983.. (Bonthuis, Mari) (Entered: 03/13/2013)

March 13, 2013

March 13, 2013

PACER

DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa)

March 13, 2013

March 13, 2013

PACER
8

SPECIAL ADMISSIONS FORM APPROVED as to Mari K. Bonthuis (eo) (Entered: 03/14/2013)

March 14, 2013

March 14, 2013

PACER
9

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Eric Hellerman on behalf of Disability Rights Network of Pennsylvania Attorney Eric Hellerman is seeking special admission. Filing fee $ 50, receipt number 0314-2726470.. (Hellerman, Eric) (Entered: 03/14/2013)

March 14, 2013

March 14, 2013

PACER

DOCKET ANNOTATION: NY State Bar Record verified for Eric Hellerman. (jc)

March 15, 2013

March 15, 2013

PACER
10

SPECIAL ADMISSIONS FORM APPROVED as to Eric Hellerman (eo) (Entered: 03/15/2013)

March 15, 2013

March 15, 2013

PACER

DOCKET ANNOTATION: Doc. No. 11 has been deleted upon request of counsel and will refiled with the correct formatting. (dh)

March 25, 2013

March 25, 2013

PACER
11

SUMMONS Returned Executed by Disability Rights Network of Pennsylvania. Disability Rights Network of Pennsylvania served on 3/20/2013, answer due 4/10/2013. (Meek, Robert) (Entered: 03/25/2013)

March 25, 2013

March 25, 2013

PACER
12

NOTICE of Appearance by Maryanne M. Lewis on behalf of John Wetzel. (Lewis, Maryanne) (Entered: 03/25/2013)

March 25, 2013

March 25, 2013

PACER
13

SCHEDULING ORDER: Case Management Conference set for 5/31/2013 10:15 AM before Honorable John E. Jones III. (eo) (Entered: 04/02/2013)

April 2, 2013

April 2, 2013

PACER
14

MOTION for Extension of Time to File Answer re 1 Complaint by John Wetzel. (Attachments: # 1 Proposed Order)(Lewis, Maryanne) (Entered: 04/02/2013)

1 Proposed Order

View on PACER

April 2, 2013

April 2, 2013

PACER
15

ORDER granting 14 Motion for Extension of Time to Answer All Defendants. (eo) (Entered: 04/03/2013)

April 3, 2013

April 3, 2013

PACER
16

NOTICE of Appearance by Barry N. Kramer on behalf of John Wetzel (Kramer, Barry) (Entered: 04/04/2013)

April 4, 2013

April 4, 2013

PACER
17

NOTICE of Appearance by Joseph G. Fulginiti on behalf of John Wetzel (Fulginiti, Joseph) (Entered: 04/11/2013)

April 11, 2013

April 11, 2013

PACER
18

NOTICE of Appearance by Timothy E. Gates on behalf of John Wetzel (Gates, Timothy) (Entered: 04/16/2013)

April 16, 2013

April 16, 2013

PACER
19

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by David Rudovsky on behalf of Disability Rights Network of Pennsylvania Attorney david rudovsky is seeking special admission. Filing fee $ 50, receipt number 0314-2763468.. (Rudovsky, David) (Entered: 04/25/2013)

April 25, 2013

April 25, 2013

PACER

DOCKET ANNOTATION: COUNSEL is advised that Document 19 filed 4/25/13 is missing page 2 of the petition. Please docket the second page using the event DOCUMENT FILED located under OTHER DOCUMENTS. Do not use the same event that you used originally or it will promt you to pay again. (jc)

April 26, 2013

April 26, 2013

PACER
20

SPECIAL ADMISSIONS FORM APPROVED as to David Rudovsky (eo) (Entered: 04/29/2013)

April 29, 2013

April 29, 2013

PACER
21

NOTICE of Appearance by Jeffrey M. Skakalski on behalf of Disability Rights Network of Pennsylvania (Skakalski, Jeffrey) (Entered: 05/15/2013)

May 15, 2013

May 15, 2013

PACER
22

Letter from Steven Reid-Douglas filed requesting copies of docket. Request referred to chambers. (pjr) (Entered: 05/17/2013)

May 17, 2013

May 17, 2013

PACER
23

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Michael A. Formichelli on behalf of Disability Rights Network of Pennsylvania Attorney Michael Formichelli is seeking special admission. Filing fee $ 50, receipt number 0314-2788044.. (Formichelli, Michael) (Entered: 05/22/2013)

May 22, 2013

May 22, 2013

PACER

DOCKET ANNOTATION: Search of NY Bar shows atty. Formichelli as currently registered. Search of PA Bar shows atty. Meek as Active. (pjr)

May 23, 2013

May 23, 2013

PACER
24

SPECIAL ADMISSIONS FORM APPROVED as to Michael A. Formichelli (eo) (Entered: 05/23/2013)

May 23, 2013

May 23, 2013

PACER
25

Joint MOTION to Stay the Case Management Conference and Pre-Trial Deadlines by John Wetzel. (Attachments: # 1 Proposed Order)(Lewis, Maryanne) (Entered: 05/23/2013)

1 Proposed Order

View on PACER

May 23, 2013

May 23, 2013

PACER
26

ORDER REFERRING case to Chief Magistrate Judge Carlson for referral of matters to U.S. Magistrate Judge. 1.The case management conference scheduled for May 31, 2013 at 10:15 a.m. is RESCHEDULED for Friday, August 30, 2013, at a time to be determined. 2. The deadline for the Defendant to file an answer to the Plaintiffs Complaint is EXTENDED to September 19, 2013. 3.This matter is REFERRED to Chief Magistrate Judge Martin C. Carlson for the purpose of assigning it to a Magistrate Judge, who will schedule and conduct a settlement conference. (eo) (Entered: 05/24/2013)

May 24, 2013

May 24, 2013

PACER

Set/Reset Hearings: Case Management Conference reset for 8/30/2013 (eo)

May 24, 2013

May 24, 2013

PACER
27

ORDER REFERRING CASE to Magistrate Judge Susan E. Schwab for the purpose of conducting a settlement conference. Signed by Magistrate Judge Martin C. Carlson on May 24, 2013. (kjn) (Entered: 05/24/2013)

May 24, 2013

May 24, 2013

PACER
28

ORDER Telephone Status Conference set for 6/5/2013 @ 2:00 PM before Magistrate Judge Susan E. Schwab. Pltf's counsel shall initiate the call.Signed by Magistrate Judge Susan E. Schwab on 05/29/13. (ma) (Entered: 05/29/2013)

May 29, 2013

May 29, 2013

PACER

DOCKET ANNOTATION: Doc. #30 Striken from docket as inappropriately filed by a non-party. (eo)

June 12, 2013

June 12, 2013

PACER
30

SCHEDULING ORDER: Case Management Conference set for 8/30/2013 09:00 AM before Honorable John E. Jones III. (eo) (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

PACER
31

Letter from Counsel re Staying Deadlines and Rescheduling Case Management Conference. (Lewis, Maryanne) (Entered: 08/08/2013)

Aug. 8, 2013

Aug. 8, 2013

PACER
32

ORDER re 31 The Case Management conference scheduled for 8/30/13 is CANCELLED. The Case Management Conference is re-scheduled for 10/30/13 at a time to be announced. The defendant's response to the complaint is due on or before 9/19/13. Signed by Honorable John E. Jones, III on 8/12/13. (pw) (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

PACER

Set/Reset Hearings: Case Management Conference set for 10/30/2013 09:00 AM before Honorable John E. Jones III. (eo)

Aug. 19, 2013

Aug. 19, 2013

PACER
33

SCHEDULING ORDER: Case Management Conference set for 10/30/2013 09:00 AM before Honorable John E. Jones III. (eo) (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

PACER
34

STIPULATION (Joint) by John Wetzel. (Lewis, Maryanne) (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

RECAP
35

ORDER approving 34 Stipulation filed by John Wetzel (eo) (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

PACER
36

Letter to Court dated 9/24/13 from Joseph A. Elliott, Sr. re case. (aaa) (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

PACER
37

Letter from Counsel to Request that the Court Stay the Deadlines in this Case for an Additional Sixty Days . (Lewis, Maryanne) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

PACER
38

SCHEDULING ORDER re: parties' joint letter 37 - It is hereby ORDERED that: 1. CMC for 10/30/13 @ 9:00 a.m. is CANCELLED.; 2. CMC SCHEDULED for 12/30/13 @ a time to be announced.; 3. Deft's response to complaint due 1/18/24.; 4. Parties shall continue to diligently engage in discussions & negotiations in attempt to amicably resolve this matter. (See order for complete details.) igned by Honorable John E. Jones, III on 10/23/13. (ki) (Entered: 10/23/2013)

Oct. 23, 2013

Oct. 23, 2013

PACER
39

SCHEDULING ORDER: Case Management Conference set for 12/30/2013 09:00 AM before Honorable John E. Jones III. (eo) (Entered: 10/28/2013)

Oct. 28, 2013

Oct. 28, 2013

PACER
40

CASE MANAGEMENT PLAN Joint by Disability Rights Network of Pennsylvania. (Meek, Robert) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
42

ORDER #1- STANDARD CASE MANAGEMENT TRACK Jury Selection set for 4/2/2015 09:30AM before Honorable John E. Jones III. Pretrial Conference set for 3/2/2015. See order for all deadlines.(eo) (Entered: 12/30/2013)

Dec. 30, 2013

Dec. 30, 2013

PACER
43

Order #2- STANDING PRACTICE ORDER (eo) (Entered: 12/30/2013)

Dec. 30, 2013

Dec. 30, 2013

PACER
44

Letter from Defendant Requesting an Extension of Time to Answer Complaint until March 24, 2014 . (Attachments: # 1 Exhibit(s) Confidentiality Agreement)(Lewis, Maryanne) (Entered: 01/16/2014)

1 Exhibit(s) Confidentiality Agreement

View on PACER

Jan. 16, 2014

Jan. 16, 2014

PACER
45

Letter from Robert W. Meek . (Meek, Robert) (Entered: 05/28/2014)

May 28, 2014

May 28, 2014

PACER
46

ORDER The Court is in receipt of correspondence from Plaintiffs counsel, informing us, among other things, that the parties are poised to re-engage in settlement negotiations. The parties additionally note that it would of assistance to periodically report to the Court concerning the status of discussions. Accordingly, the Court shall order the parties to FILE a status update regarding the progress of settlement negotiations on or before June 27, 2014, by submitting a letter on the docket. (eo) (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

PACER
47

Letter from Robert W. Meek, Esq., Attorney for Plaintiff Pursuant to Court's Order of May 29, 2014. (Meek, Robert) (Entered: 06/27/2014)

June 27, 2014

June 27, 2014

PACER
48

ORDER Accordingly, the Court shall ORDER the parties to FILE a status update regarding the progress of settlement negotiations on or before July 31, 2014, by submitting a letter on the docket. (eo) (Entered: 06/30/2014)

June 30, 2014

June 30, 2014

PACER
49

Letter from Counsel Status Report. (Lewis, Maryanne) (Entered: 08/01/2014)

Aug. 1, 2014

Aug. 1, 2014

PACER
50

ORDER The Court is in receipt of correspondence from counsel advising of the status of settlement negotiations between the parties. (Doc. 49). The parties are optimistic that a settlement will be reached and request that they be permitted to provide the Court with a further status report on September 12, 2014. Accordingly, the Court shall ORDER the parties to FILE a status updateregarding the progress of settlement negotiations on or before September 12, 2014, by submitting a letter on the docket. (eo) (Entered: 08/04/2014)

Aug. 4, 2014

Aug. 4, 2014

PACER
51

SCHEDULING ORDER: Pretrial Conference reset for 3/9/2015. The exact timesof each conference will be set in a later order. (eo) (Entered: 09/02/2014)

Sept. 2, 2014

Sept. 2, 2014

PACER
52

STATUS REPORT by John Wetzel. (Lewis, Maryanne) (Entered: 09/12/2014)

Sept. 12, 2014

Sept. 12, 2014

PACER
53

ORDER The Court is in receipt of correspondence from counsel advising of the statusof settlement negotiations between the parties. (Doc. 52). The parties report thatthey have a settlement agreement in draft and are presently revising certainportions based on recent discussions. They state that they will continue to work toward a joint resolution of this matter and request that they be permitted to provide the Court with a further status report on October 14, 2014. Accordingly, we shall ORDER the parties to FILE a status update regarding the progress of settlement negotiations on or before October 14, 2014, by submitting a letter on the docket. (eo) (Entered: 09/15/2014)

Sept. 15, 2014

Sept. 15, 2014

PACER
54

STATUS REPORT - Joint by John Wetzel. (Lewis, Maryanne) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

PACER
55

ORDER - the parties to FILE a status update regarding the progress of settlement negotiations on or before November 14, 2014, by submitting a letter on the docket. (eo) (Entered: 10/15/2014)

Oct. 15, 2014

Oct. 15, 2014

PACER
56

STATUS REPORT by John Wetzel. (Lewis, Maryanne) (Entered: 11/13/2014)

Nov. 13, 2014

Nov. 13, 2014

PACER
57

ORDER - Status report due by 12/31/14. See order for details. (eo) (Entered: 11/18/2014)

Nov. 18, 2014

Nov. 18, 2014

PACER
58

STATUS REPORT by John Wetzel. (Lewis, Maryanne) (Entered: 12/31/2014)

Dec. 31, 2014

Dec. 31, 2014

PACER
59

Letter from Parties Regarding the Reached Settlement and Requesting a Conference with the Court . (Lewis, Maryanne) (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

PACER
60

SCHEDULING ORDER: Telephone Conference is set for 1/14/2015 at 02:30 PM in Harrisburg before Honorable John E. Jones III, to discuss the Stipulation of Dismissal from a drafting perspective. Signed by Honorable John E. Jones, III on 1/12/15. (pw) (Entered: 01/12/2015)

Jan. 12, 2015

Jan. 12, 2015

PACER

DOCKET ANNOTATION: Per Counsel's Request: Doc. 61 deleted. (vy)

Jan. 14, 2015

Jan. 14, 2015

PACER
61

STIPULATION of Dismissal and Order by John Wetzel. (Lewis, Maryanne) (Entered: 01/14/2015)

Jan. 14, 2015

Jan. 14, 2015

RECAP
62

ORDER DISMISSING CASE per stipulation. See order for details. (eo) (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

PACER

DOCKET ANNOTATION: Doc 63 deleted. (eo)

April 30, 2015

April 30, 2015

PACER
63

Letter from Parties Attaching Addendum to Settlement Agreement . (Lewis, Maryanne) (Entered: 05/05/2015)

May 5, 2015

May 5, 2015

PACER
64

"Breach of Contract Complaint Notification" filed by Lamont Pugh. (lh) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

RECAP

Case Details

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Solitary confinement

Multi-LexSum (in sample)

Key Dates

Filing Date: March 11, 2013

Closing Date: Jan. 15, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Disability Rights Network (DRN), a Pennsylvania non-profit designated by the Commonwealth of Pennsylvania pursuant to 42 U.S.C. §§ 10801-07 as an entity that can advocate for and protect the rights of Pennsylvanians with mental illness.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Kairys, Rudovsky, Messing & Feinberg, LLP

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pennsylvania Department of Corrections , State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 750,000

Order Duration: 2015 - 2018

Content of Injunction:

Implement complaint/dispute resolution process

Monitor/Master

Monitoring

Reporting

Issues

General:

Administrative segregation

Conditions of confinement

Disciplinary procedures

Disciplinary segregation

Restraints : physical

Solitary confinement/Supermax (conditions or process)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Medical/Mental Health:

Mental health care, general

Self-injurious behaviors

Suicide prevention

Type of Facility:

Government-run