Case: Jamal v. Kane

1:14-cv-02148 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: Nov. 10, 2014

Clearinghouse coding complete

Case Summary

On November 10, 2014, the plaintiffs filed this lawsuit in the Middle District of Pennsylvania under 42 U.S.C. § 1983 and Pennsylvania state law against the Pennsylvania Attorney General and the District Attorney of Philadelphia. The plaintiffs--incarcerated prisoners, Prison Radio, Human Rights Coalition, and an unincorporated network of educators--requested injunctive relief, a declaratory judgment, and attorney fees; they alleged that the defendants violated their free speech rights.One of t…

On November 10, 2014, the plaintiffs filed this lawsuit in the Middle District of Pennsylvania under 42 U.S.C. § 1983 and Pennsylvania state law against the Pennsylvania Attorney General and the District Attorney of Philadelphia. The plaintiffs--incarcerated prisoners, Prison Radio, Human Rights Coalition, and an unincorporated network of educators--requested injunctive relief, a declaratory judgment, and attorney fees; they alleged that the defendants violated their free speech rights.

One of the plaintiffs is Mumia Abu-Jamal; he was incarcerated for killing a police officer. Abu-Jamal was invited by the undergraduates of Goddard College to give the fall 2014 commencement speech via recording. (Prison Legal News, which soon got involved in the litigation, was going to record the speech and relay it to the college.)

In response to this invitation, on October 4, 2014, the Pennsylvania legislature passed the Revictimization Relief Act, 18 P.S. § 11.1304, an amendment to Pennsylvania's Crime Victims Act, 18 Pa. Cons. Stat. § 11.10. The act allowed, in part, for attorneys and victims of personal injury crimes to enjoin those convicted of the crime from conduct that "perpetuates the continuing effect of the crime on the victim."

On January 8, 2015, Prison Legal News simultaneously filed a verified complaint and a motion for preliminary injunction in an initially separate action. (Prison Legal News v. Kane, Docket 1:15-cv-45). PLN added to the First Amendment argument an argument that the Act was impermissibly vague. The District Court (Chief Judge Christopher C. Connors) consolidated these actions. The records for both are in this Clearinghouse entry.

On January 23, 2015, the defendants filed a motion to dismiss arguing that the plaintiffs lack standing to challenge the Revictimization Act, and that the First Amendment issue was not ripe for adjudication.

In an opinion dated March 6, 2015, the District Court (Chief Judge Christopher Conner) granted the District Attorney's motion, but not the Attorney General's similar motion. The Court reasoned that the District Attorney had promised not to enforce the act pending a determination of its constitutionality, but the Attorney General's refused to disavow enforcement. 96 F. Supp. 3d 447.

Next, on April 28, 2015, the Court granted the plaintiffs' motion for declaratory relief, declaring the Revictimization Relief Act violated the plaintiffs' free speech rights, and was impermissibly vague, and permanently enjoining its enforcement. 105 F. Supp. 3d 448. A declaratory judgment was entered on April 30, 2015.

Defendants elected not to appeal the judgment. Since July 2015, there has been no activity on the docket and the case is presumably closed.

Summary Authors

Beth Richardson (6/14/2015)

Hope Brinn (11/2/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5192077/parties/jamal-v-kane/


Judge(s)

Conner, Christopher C. (Pennsylvania)

Attorneys(s) for Plaintiff

Ginensky, Amy B. (Pennsylvania)

Grant, Deneekie (Pennsylvania)

Grote, Bret D. (Pennsylvania)

Henderson, Ashley K. (Pennsylvania)

Hull, Tucker R. (Pennsylvania)

Kreimer, Seth (Pennsylvania)

Lobel, Jules L. (Pennsylvania)

McDaniel, Dustin (Arkansas)

Neelakanta, Sabarish (Florida)

Judge(s)

Conner, Christopher C. (Pennsylvania)

Attorneys(s) for Plaintiff

Ginensky, Amy B. (Pennsylvania)

Grant, Deneekie (Pennsylvania)

Grote, Bret D. (Pennsylvania)

Henderson, Ashley K. (Pennsylvania)

Hull, Tucker R. (Pennsylvania)

Kreimer, Seth (Pennsylvania)

Lobel, Jules L. (Pennsylvania)

McDaniel, Dustin (Arkansas)

Neelakanta, Sabarish (Florida)

Rose, Sara (Pennsylvania)

Schmidt, Thomas B III (Pennsylvania)

Segal, Eli (Pennsylvania)

Shapiro, David M. (Illinois)

Walczak, Witold J. (Pennsylvania)

Weber, Lance Theodore (Florida)

Attorneys(s) for Defendant

Giunta, M. Abbegael (Pennsylvania)

Hughes, Bryan C. (Pennsylvania)

Joel, Kenneth Lawson (Pennsylvania)

Scalera, Michael R. (Pennsylvania)

Other Attorney(s)

Staudenmaier, Craig J. (Pennsylvania)

Documents in the Clearinghouse

Document

Docket

Prison Legal News v. Kane

May 11, 2015 Docket

Docket [PACER]

July 22, 2015 Docket
1

Complaint

Nov. 10, 2014 Complaint
12-1

Amended Complaint

Dec. 1, 2014 Complaint
1

Verified Complaint

Prison Legal News v. Kane

Jan. 8, 2015 Complaint
47

Memorandum

96 F.Supp.3d 447, 2015 WL 999194

March 6, 2015 Order/Opinion
54

[Memorandum]

105 F.Supp.3d 448, 2015 WL 1932236

April 28, 2015 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5192077/jamal-v-kane/

Last updated May 20, 2022, 4:03 a.m.

ECF Number Description Date Link
47

MEMORANDUM (Order to follow as separate docket entry) re: 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by R. Seth Williams & 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kathleen Kane. (See memo for complete details.) Signed by Chief Judge Christopher C. Conner on 3/6/15. (ki)

March 6, 2015 RECAP
1

COMPLAINT against All Defendants ( Filing fee $400, Receipt Number 111016436) filed by Daniel Denvir, Philadelphia City Paper, Steven Blackburn, Regina Austin, Solitary Watch, Edwin Desamour, Pennsylvania Prison Society, Wayne Jacobs, Prison Legal News, William Cobb, Christopher Moraff. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(pjr) (Entered: 01/08/2015)

Jan. 8, 2015
2

MOTION for Preliminary Injunction filed by Regina Austin, Steven Blackburn, William Cobb, Daniel Denvir, Edwin Desamour, Wayne Jacobs, Christopher Moraff, Pennsylvania Prison Society, Philadelphia City Paper, Prison Legal News, Solitary Watch. (Attachments: # 1 Proposed Order)(pjr) (Entered: 01/08/2015)

Jan. 8, 2015
48

ORDER (Memorandum 47 filed previously as separate docket entry) GRANTING MTD by Williams 30 & dismissing all claims vs same, DENYING MTD by Kane 31 , setting trial on merits for 3/30/15 @ 10:00 a.m. in Ctrm #2 and attaching all cnsl, dir ecting parties to meet & confer to develop jt stip of facts necessary for resolution of pltfs' constitutional challenges, etc., & to file same by 3/23/15, & if parties unable to agree on stip of facts by 3/23/15 they shall separately notify ct of same by letter on docket. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/6/15. (ki)

March 6, 2015 RECAP
3

MOTION to Exceed Page Limitation filed by Regina Austin, Steven Blackburn, William Cobb, Daniel Denvir, Edwin Desamour, Wayne Jacobs, Christopher Moraff, Pennsylvania Prison Society, Philadelphia City Paper, Prison Legal News, Solitary Watch. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(pjr) (Entered: 01/08/2015)

Jan. 8, 2015
54

MEMORANDUM (Order to follow as separate docket entry) re: 18 MOTION for Preliminary Injunction filed by Prison Radio, Educators for Mumia Abu-Jamal, Donnell Palmer, Mumia Abu Jamal, Marshall Prison Radio, Robert L. Holbrook, Kerry Shakaboona, Human Rights Coalition, Kerry Shakaboona Marshall, Anthony Chance. (See memo for complete details.) Signed by Chief Judge Christopher C. Conner on 4/28/15. (ki)

April 28, 2015 RECAP

SPECIAL ADMISSION FORMS SENT to Amy Ginensky, Eli Segal, Seth Kreimer, Lance Weber and Sabarish Neelakanta. (pjr) (Entered: 01/08/2015)

Jan. 8, 2015
55

ORDER (Memorandum 54 filed previously as separate docket entry) - It is ORDERED that plfts' motions 18 are CONSTRUED as MSJs & permanent injunctive relief & are GRANTED as so construed.. FURTHER ORDERED & DECLARED that Commonwealth's Re victimization Act... is unconstitutional in violation of 1st & 5th Amends to US Constitution & enforcement thereof hereby & permanently ENJOINED. Clrk of Ct shall enter declaratory jdgmt in favor of pltfs & against deft & thereafter close case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 4/28/15. (ki)

April 28, 2015 RECAP
5

ORDER granting pltfs' MOTION to Exceed Page Limitation 3 . Pltfs are authorized to file the brief attached to their motion as Exhibit A and titled Brief in Support of Plaintiffs Motion for Preliminary Injunction.Signed by Chief Judge Christopher C. Conner on 01/08/15. (ma) (Entered: 01/08/2015)

Jan. 8, 2015
6

BRIEF IN SUPPORT re 2 MOTION for Preliminary Injunction filed by Regina Austin, Steven Blackburn, William Cobb, Daniel Denvir, Edwin Desamour, Wayne Jacobs, Christopher Moraff, Pennsylvania Prison Society, Philadelphia City Paper, Prison Legal News, Solitary Watch.(Hull, Tucker) (Entered: 01/09/2015)

Jan. 9, 2015

Receipt of payment from PEPPER HAMILTON LLP in the amount of $400.00 for CIVIL FILING FEE. Transaction posted on 1/8/2015. Receipt number 111016436 processed by bdanilow. (jjs, ) (Entered: 01/09/2015)

Jan. 9, 2015
7

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Tucker R. Hull on behalf of Amy B Ginensky Attorney Amy Ginensky is seeking special admission. Filing fee $ 50, receipt number 0314−3323919.. (Hull, Tucker) (Entered: 01/12/2015)

Jan. 12, 2015
8

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Tucker R. Hull on behalf of All Plaintiffs Attorney Eli Segal is seeking special admission. Filing fee $ 50, receipt number 0314−3324042.. (Hull, Tucker) (Entered: 01/12/2015)

Jan. 12, 2015

DOCKET ANNOTATION: Search of the PA Bar Directory shows Amy Ginensky and Eli Segal as 'ACTIVE'. (pjr) (Entered: 01/13/2015)

Jan. 13, 2015

DOCKET ANNOTATION: Counsel is advised that Docs. 7 and 8 are required to have the CODE OF PROFESSIONAL CONDUCT attached. The Code may be filed separately as a Document Filed. (gls) (Entered: 01/13/2015)

Jan. 13, 2015
10

SCHEDULING ORDER directing parties to meet &confer re: br'ng schedule for motion for PI &any addt'l anticipated filings &to submit jt prop schedule to ct by 1/16/15..., &setting Oral Argument re: both motions for 2/26/2015 @ 10:00 AM in Harrisburg − Courtroom 2 before Chief Judge Christopher C. Conner. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 1/13/15. (ki) (Entered: 01/13/2015)

Jan. 13, 2015
11

Code of Professional Conduct by Amy B Ginensky. 7 Petition for Special Admission − Pro Hac Vice . (Hull, Tucker) (Entered: 01/13/2015)

Jan. 13, 2015
12

Code of Professional Conduct by Eli M. Segal. 8 Petition for Special Admission − Pro Hac Vice . (Hull, Tucker) (Entered: 01/13/2015)

Jan. 13, 2015
13

MOTION to Appear Pro Hac Vice − Attorney Bryan Hughes is seeking special admission. Filing fee $ 50, receipt number 0314−3325816. by R. Seth Williams.(Hughes, Bryan) (Entered: 01/13/2015)

Jan. 13, 2015

DOCKET ANNOTATION: Counsel is advised that Doc. 13 filed 1/13/15 is required to have the CODE OF PROFESSIONAL CONDUCT attached. The Code may be filed separately as a "Document Filed." (gls) (Entered: 01/14/2015)

Jan. 14, 2015

DOCKET ANNOTATION: Counsel is advised to file a signed Code of Conduct form for Doc. 13. (pjr) (Entered: 01/14/2015)

Jan. 14, 2015
14

Code of Professional Conduct form by R. Seth Williams. 13 MOTION to Appear Pro Hac Vice − Attorney Bryan Hughes is seeking special admission. Filing fee $ 50, receipt number 0314−3325816. . (Hughes, Bryan) (Entered: 01/14/2015)

Jan. 14, 2015
16

SPECIAL ADMISSIONS FORM APPROVED as to Amy B. Ginensky, Esquire. (Original: SCR Registry)Signed by Chief Judge Christopher C. Conner on 1/14/15. (ki) (Entered: 01/14/2015)

Jan. 14, 2015
17

ORDER granting motion to appear pro hac vice 13 by Bryan C. Hughes, Esquire. (SPAD approved) (Original: SCR Registry) Signed by Chief Judge Christopher C. Conner on 1/14/15. (ki) (Entered: 01/14/2015)

Jan. 14, 2015
18

NOTICE of Appearance by M. Abbegael Giunta on behalf of Kathleen Kane (Giunta, M.) (Entered: 01/14/2015)

Jan. 14, 2015
19

APPROVED (per 1/15/15 order 21 of court) − STIPULATION re 10 Scheduling Order, Jointly By All Parties by Kathleen Kane. (Giunta, M.) Modified on 1/15/2015 (ki). (Entered: 01/14/2015)

Jan. 14, 2015
20

NOTICE of Appearance by Kenneth L. Joel on behalf of Kathleen Kane (Joel, Kenneth) (Entered: 01/15/2015)

Jan. 15, 2015
21

ORDER approving stipulated joint schedule 19 , inc. − Defts Kane &Williams' MTDs due 1/23/15, defts Kane &Williams' brs in supp of MTDs w/ brs in opp to motions for prelim inj due 2/6/15, pltfs' combined br in opp to defts' MTDs w/ reply in supp of pltfs' motions for prelim inj due 2/17/15, &defts' reply brs in supp of MTDs due 2/23/15. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 1/15/15. (ki) (Entered: 01/15/2015)

Jan. 15, 2015
22

MOTION to Appear Pro Hac Vice − Attorney Sabarish Neelakanta is seeking special admission. Filing fee $ 50, receipt number 0314−3335465. by Prison Legal News.(Neelakanta, Sabarish) (Entered: 01/23/2015)

Jan. 23, 2015
23

MOTION to Appear Pro Hac Vice − Attorney Lance Weber is seeking special admission. Filing fee $ 50, receipt number 0314−3335491. by Prison Legal News.(Weber, Lance) (Entered: 01/23/2015)

Jan. 23, 2015
24

MOTION to Appoint Expert , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by R. Seth Williams. (Attachments: # 1 Proposed Order)(Hughes, Bryan) (Entered: 01/23/2015)

Jan. 23, 2015

DOCKET ANNOTATION: Petitioning attorneys and associate counsel's bar status verified. (aaa) (Entered: 01/23/2015)

Jan. 23, 2015
25

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Kathleen Kane. (Attachments: # 1 Proposed Order Granting Defendant Kane's Motion to Dismiss the Claims Against Her)(Giunta, M.) (Entered: 01/23/2015)

Jan. 23, 2015
26

SPECIAL ADMISSIONS FORM APPROVED as to Sabarish Neelakanta, Esquire. (Original: SCR Registry)Signed by Chief Judge Christopher C. Conner on 1/26/15. (ki) (Entered: 01/26/2015)

Jan. 26, 2015
27

SPECIAL ADMISSIONS FORM APPROVED as to Lance Weber, Esquire. (Original: SCR Registry) Signed by Chief Judge Christopher C. Conner on 1/26/15. (ki) (Entered: 01/26/2015)

Jan. 26, 2015
28

WAIVER OF SERVICE Returned by Daniel Denvir, Philadelphia City Paper, Steven Blackburn, Regina Austin, Solitary Watch, Edwin Desamour, Pennsylvania Prison Society, Wayne Jacobs, Prison Legal News, William Cobb, Christopher Moraff. Kathleen Kane waiver sent on 1/9/2015, answer due 3/10/2015. (Hull, Tucker) (Entered: 02/03/2015)

Feb. 3, 2015
29

MOTION to Exceed Page Limitation by Kathleen Kane. (Attachments: # 1 Proposed Order Granting Defendant Kane Leave to File a Brief Up to 35 Pages in Length)(Giunta, M.) (Entered: 02/04/2015)

Feb. 4, 2015
30

ORDER granting dft Kane's MOTION to Exceed Page Limitation 29 . Dft Kane may file a combined brsup of the mtns to dismiss and in opposition to the mtns for pi that does not exceed 35 pages.Signed by Chief Judge Christopher C. Conner on

Feb. 5, 2015
32

SPECIAL ADMISSIONS FORM 31 APPROVED as to Michael Scalera, Esq. on behalf of R. Seth Williams, Filing fee $ 50, receipt number 0314−3347088. Signed by Chief Judge Christopher C. Conner on 02/06/15. (ma) (Entered: 02/06/2015)

Feb. 6, 2015
33

BRIEF IN SUPPORT Combined Brief in Opposition re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 2 MOTION for Preliminary Injunction filed by Kathleen Kane.(Giunta, M.) (Entered: 02/06/2015)

Feb. 6, 2015
34

BRIEF IN SUPPORT re 24 MOTION to Appoint Expert MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by R. Seth Williams.(Scalera, Michael) (Entered: 02/06/2015)

Feb. 6, 2015
35

AMENDED DOCUMENT by R. Seth Williams. Amendment to 34 Brief in Support to correct case number on cover page . (Scalera, Michael) (Entered: 02/09/2015)

Feb. 9, 2015
36

Unopposed MOTION for Leave to File a Brief Up to 25 Pages by Regina Austin, Steven Blackburn, William Cobb, Daniel Denvir, Edwin Desamour, Wayne Jacobs, Christopher Moraff, Pennsylvania Prison Society, Philadelphia City Paper, Prison Legal News, Solitary Watch. (Attachments: # 1 Proposed Order)(Hull, Tucker) (Entered: 02/12/2015)

Feb. 12, 2015
37

ORDER granting pltf's unopposed motion 36 for leave to file combined brief in opp to defts' MTD &in supp of pltfs' motion for prelim injunction up to 25 pp in length. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 2/13/15. (ki) (Entered: 02/13/2015)

Feb. 13, 2015
39

NOTICE of Appearance by Craig J. Staudenmaier on behalf of Reporters Committee for Freedom of the Press, American Booksellers for Free Expression, Freedom to Read Foundation, Pennsylvania NewsMedia Association. (Staudenmaier, Craig) (Entered: 02/17/2015)

Feb. 17, 2015
40

MOTION for Leave to File Brief as Amicus Curiae by Reporters Committee for Freedom of the Press. (Attachments: # 1 Proposed Order Proposed Order)(Staudenmaier, Craig) (Entered: 02/17/2015)

Feb. 17, 2015
41

AMICUS CURIAE (per 2/24/15 order 47 of court)− BRIEF IN SUPPORT of Plaintiff's Motion for Preliminary Injunction re 2 MOTION for Preliminary Injunction, 40 MOTION for Leave to File Brief as Amicus Curiae filed by Reporters Committee for Freedom of the Press.(Staudenmaier, Craig) Modified on 2/24/2015 (ki). (Entered: 02/17/2015)

Feb. 17, 2015
42

BRIEF IN OPPOSITION re 24 MOTION to Appoint Expert MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND IN FURTHER SUPPORT OF PLN PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION filed by Regina Austin, Steven Blackburn, William Cobb, Daniel Denvir, Edwin Desamour, Wayne Jacobs, Christopher Moraff, Pennsylvania Prison Society, Philadelphia City Paper, Prison Legal News, Solitary Watch.(Segal, Eli) (Entered: 02/17/2015)

Feb. 17, 2015

DOCKET ANNOTATION: Document #38 "Brief in Opposition" deleted, re−filed as Doc. #42 "Brief in Opposition", per attorney. (ga) (Entered: 02/18/2015)

Feb. 18, 2015
43

MOTION to Withdraw as Attorney by R. Seth Williams. (Attachments: # 1 Proposed Order)(Hughes, Bryan) (Entered: 02/20/2015)

Feb. 20, 2015
44

ORDER granting Assistant District Attorney Bryan C. Hughes' motion 43 for leave to w/draw as cnsl for deft R. Seth Williams. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 2/23/15. (ki) (Entered: 02/23/2015)

Feb. 23, 2015
46

REPLY BRIEF re 24 MOTION to Appoint Expert MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by R. Seth Williams.(Scalera, Michael) (Entered: 02/23/2015)

Feb. 23, 2015
50

MEMORANDUM (Order to follow as separate docket entry) re: 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by R. Seth Williams and 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kathleen Kane. (See memo for complete details.) Signed by Chief Judge Christopher C. Conner on 3/6/15. (ki) (Entered: 03/06/2015)

March 6, 2015
51

ORDER (Memorandum 50 filed previously as separate docket entry) GRANTING MTD by Williams 24 &dismissing all claims vs same, DENYING MTD by Kane 25 , setting trial on merits for 3/30/15 @ 10:00 a.m. in Ctrm #3 and attaching all cnsl, directing parties to meet &confer to develop jt stip of facts necessary for resolution of pltfs' constitutional challenges, etc., &to file same by 3/23/15, &if parties unable to agree on stip of facts by 3/23/15 they shall separately notify ct of same by letter on docket. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/6/15. (ki) (Entered: 03/06/2015)

March 6, 2015
52

STIPULATION OF FACTS by Regina Austin, Steven Blackburn, William Cobb, Daniel Denvir, Edwin Desamour, Wayne Jacobs, Christopher Moraff, Pennsylvania Prison Society, Philadelphia City Paper, Prison Legal News, Solitary Watch. (Attachments: # 1 Exhibits)(Segal, Eli) (Entered: 03/23/2015)

March 23, 2015
53

DVD referenced in Joint Stipulation of Facts filed and forwarded to Chambers. (pjr) (Entered: 03/27/2015)

March 27, 2015
56

EXHIBIT 17 (CORRECTED) by Regina Austin, Steven Blackburn, William Cobb, Daniel Denvir, Edwin Desamour, Wayne Jacobs, Christopher Moraff, Pennsylvania Prison Society, Philadelphia City Paper, Prison Legal News, Solitary Watch. (Segal, Eli) (Entered: 03/31/2015)

March 31, 2015
57

MEMORANDUM (Order to follow as separate docket entry) re: 2 MOTION for Preliminary Injunction filed by Daniel Denvir, Wayne Jacobs, William Cobb, Philadelphia City Paper, Steven Blackburn, Solitary Watch, Christopher Moraff, Pennsylvania Prison Society, Prison Legal News, Regina Austin, Edwin Desamour. (See memo for complete details.) Signed by Chief Judge Christopher C. Conner on 4/28/15. (ki) (Entered: 04/28/2015)

April 28, 2015
58

ORDER (Memorandum 57 filed previously as separate docket entry) − It is ORDERED that plfts' motions 2 are CONSTRUED as MSJs &permanent injunctive relief &are GRANTED as so construed.. FURTHER ORDERED &DECLARED that Commonwealth's Revictimization Act... is unconstitutional in violation of 1st &5th Amends to US Constitution &enforcement thereof hereby &permanently ENJOINED. Clrk of Ct shall enter declaratory jdgmt in favor of pltfs &against deft &thereafter close case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 4/28/15. (ki) (Entered: 04/28/2015)

April 28, 2015
59

DECLARATORY JUDGMENT ENTERED in favor of plaintiffs Prison Legal News, et al., &against defendants, Kathleen Kane, et al., as follows: It is ORDERED &DECLARED that the Commonwealth's Revictimization Relief Act, 18 PA. CONS. STAT. Section 11.1304 is unconstitutional in violation of 1st &5th Amends to the US Constitution, &the enforcement thereof is hereby &permanently ENJOINED, in acc w/ this court's order 58 dated 4/28/15. (See jdgmt for complete details.) Signed by Deputy Clerk on 4/30/15. (ki) (Entered: 04/30/2015)

April 30, 2015
60

Unopposed MOTION TO POSTPONE DEADLINE FOR MOVING FOR AWARD OF ATTORNEYS FEES by Regina Austin, Steven Blackburn, William Cobb, Daniel Denvir, Edwin Desamour, Christopher Moraff, Pennsylvania Prison Society, Philadelphia City Paper, Prison Legal News, Solitary Watch.(Segal, Eli) (Entered: 05/07/2015)

May 7, 2015
61

ORDER granting pltfs' motion 60 to postpone ddl for moving for award of atty's fees until 30 days after any appeal by deft Kane resolved or 30 days after ddl for deft Kane to file appeal has passed if she does not appeal. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 5/11/15. (ki) (Entered: 05/11/2015)

May 11, 2015

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Special Collection(s):

Prison Legal News

Key Dates

Filing Date: Nov. 10, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners, Prison Radio, Human Rights Coalition, unincorporated educators, and (in a consolidated case) Prison Legal News

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pennsylvania, State

Philadelphia County (Philadelphia), County

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Freedom of speech/association

Self-incrimination

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Type of Facility:

Government-run