Case: Johnson v. Wetzel

1:16-cv-00863 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: May 12, 2016

Closed Date: Oct. 17, 2017

Clearinghouse coding complete

Case Summary

On May 12, 2016, an inmate who had been in solitary confinement since 1979 filed this lawsuit in the District Court for the Middle District of Pennsylvania. The plaintiff, represented by the Abolitionist Law Center and private counsel, sued under 42 U.S.C. 1983 for violations of the Eighth Amendment and the procedural and substantive components of the Due Process Clause of the Fourteenth Amendment. The complaint alleged that “confinement in small cells for approximately 23 hours a day for more …

On May 12, 2016, an inmate who had been in solitary confinement since 1979 filed this lawsuit in the District Court for the Middle District of Pennsylvania. The plaintiff, represented by the Abolitionist Law Center and private counsel, sued under 42 U.S.C. 1983 for violations of the Eighth Amendment and the procedural and substantive components of the Due Process Clause of the Fourteenth Amendment.

The complaint alleged that “confinement in small cells for approximately 23 hours a day for more than three decades has harmed his mental and physical health, resulting in permanent damage,” including “increasing feelings of anxiety, frustration, loneliness, difficulty concentrating, memory loss, and depression.”

The plaintiff also submitted an expert report with his lawsuit from psychologist Dr. Craig Haney, one of the leading psychologists and scholars of the harms of solitary confinement. Dr. Haney’s report states that the plainitff has been subjected to a “social death” due to his having “been kept in solitary confinement for an extraordinary amount of time—an amount that greatly exceed any of the limits recommended or countenanced by any legal, mental health, or human rights organization of which I am aware.”

The plaintiff sought a preliminary injunction in the form of a court order mandating a “step-down” process to end his long-term solitary confinement On May 12, 2016.

The plaintiff moved to compel discovery on July 13, 2016. On August 5, 2016, Chief Judge Christopher C. Conner granted, but deferred portions of the plaintiff’s motion to compel discovery. On August 10, 2016, the court denied the plaintiff’s motion to compel discovery on the portions that were deferred.

On September 20, 2016, Judge Conner granted the plaintiff’s motion for preliminary injunction and directed the parties to develop a “step-down” program for the plaintiff’s reintegration into the general population. 209 F. Supp. 3d 766. On September 30, 2016, the parties provided a joint step-down program for the plaintiff. According to the Philadelphia Inquirer, the program includes time out of cell and social interactions, progressive increase in social interaction and mental health monitoring and treatment.

The parties subsequently engaged in settlement negotiations and on June 28, 2017, Judge Conner dismissed the case as the parties had reached a voluntary settlement. The case is now closed.

Summary Authors

Susie Choi (2/2/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4528691/parties/johnson-v-wetzel/


Judge(s)

Conner, Christopher C. (Pennsylvania)

Attorneys(s) for Plaintiff

Ackerman, Tarah E. (Pennsylvania)

Grote, Bret D. (Pennsylvania)

Jones, Thomas S. (Pennsylvania)

Laun, Peter D. (Pennsylvania)

Lobel, Jules L. (Pennsylvania)

McDaniel, Dustin (Pennsylvania)

Attorneys(s) for Defendant

Giunta, M. Abbegael (Pennsylvania)

Holmes, Timothy A. (Pennsylvania)

Perez, Theron (Pennsylvania)

Judge(s)

Conner, Christopher C. (Pennsylvania)

Attorneys(s) for Plaintiff

Ackerman, Tarah E. (Pennsylvania)

Grote, Bret D. (Pennsylvania)

Jones, Thomas S. (Pennsylvania)

Laun, Peter D. (Pennsylvania)

Lobel, Jules L. (Pennsylvania)

McDaniel, Dustin (Pennsylvania)

Attorneys(s) for Defendant

Giunta, M. Abbegael (Pennsylvania)

Holmes, Timothy A. (Pennsylvania)

Perez, Theron (Pennsylvania)

Romano, Karen Mascio (Pennsylvania)

Expert/Monitor/Master

Haney, Craig William (California)

Documents in the Clearinghouse

Document

1:16-cv-00863

Docket [PACER]

Oct. 17, 2017

Oct. 17, 2017

Docket
4-2

1:16-cv-00863

Exhibit A – Declaration of Professor Craig Haney, Ph.D., J.D.

May 12, 2016

May 12, 2016

Monitor/Expert/Receiver Report
1

1:16-cv-00863

Complaint

May 12, 2016

May 12, 2016

Complaint
4

1:16-cv-00863

Memorandum In Support of Plaintiff's Motion for Preliminary Injunction

May 12, 2016

May 12, 2016

Pleading / Motion / Brief
46

1:16-cv-00863

Order

2016 WL 4158801

Aug. 5, 2016

Aug. 5, 2016

Order/Opinion
45

1:16-cv-00863

Memorandum

2016 WL 4158800

Aug. 5, 2016

Aug. 5, 2016

Order/Opinion
49

1:16-cv-00863

Order

2016 WL 4211719

Aug. 10, 2016

Aug. 10, 2016

Order/Opinion
68

1:16-cv-00863

Order

209 F.Supp.3d 766, 2016 WL 5078114

Sept. 20, 2016

Sept. 20, 2016

Order/Opinion
67

1:16-cv-00863

Memorandum

209 F.Supp.3d 766, 2016 WL 5118149

Sept. 20, 2016

Sept. 20, 2016

Order/Opinion
71

1:16-cv-00863

Joint Step-Down Program for Arthur Johnson

Sept. 30, 2016

Sept. 30, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4528691/johnson-v-wetzel/

Last updated May 28, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $400, Receipt Number 0314-3756156) filed by Arthur Johnson. (Attachments: # 1 Civil Cover Sheet)(pjr) (Entered: 05/13/2016)

1 Civil Cover Sheet

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May 12, 2016

May 12, 2016

RECAP
3

MOTION for Preliminary Injunction filed by Arthur Johnson. (Attachments: # 1 Proposed Order)(pjr) (Entered: 05/13/2016)

1 Proposed Order

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May 12, 2016

May 12, 2016

PACER
4

BRIEF IN SUPPORT re 3 MOTION for Preliminary Injunction filed by Arthur Johnson. (Attachments: # 1 Unpublished Opinion, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(pjr) (Entered: 05/13/2016)

1 Unpublished Opinion

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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May 12, 2016

May 12, 2016

PACER
2

Summons Issued as to All Defendants 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). (Attachments: # 1 Summons Packet) (pjr) (Entered: 05/13/2016)

1 Summons Packet

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May 13, 2016

May 13, 2016

PACER

SPECIAL ADMISSION FORM SENT to Jules Lobel, Thomas Jones, Peter Laun and Tarah Ackerman. (pjr)

May 13, 2016

May 13, 2016

PACER
5

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Tarah E Ackerman on behalf of Arthur Johnson Attorney Peter Laun is seeking special admission. Filing fee $ 50, receipt number 0314-3761656.. (Ackerman, Tarah) (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

PACER
6

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Tarah E Ackerman on behalf of Arthur Johnson Attorney Thomas Jones is seeking special admission. Filing fee $ 50, receipt number 0314-3761663.. (Ackerman, Tarah) (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

PACER
7

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Tarah E Ackerman on behalf of Arthur Johnson Attorney Tarah Ackerman is seeking special admission. Filing fee $ 50, receipt number 0314-3761666.. (Ackerman, Tarah) (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

PACER

DOCKET ANNOTATION: Petitioners, Tarah Ackerman, Thomas Jones and Peter Laun, and Associate Counsel bar status verified. (pjr)

May 18, 2016

May 18, 2016

PACER
8

PETITION to Appear Pro Hac Vice - Attorney Jules Lobel is seeking special admission. Filing fee $ 50, receipt number 0314-3763983. by Arthur Johnson.(Grote, Bret) Modified on 5/24/2016 (pjr). (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

PACER
9

ORDER - Letter to Counsel from Court Re: Case Assignment and Procedures. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 5/23/16. (ki) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

PACER
10

SPECIAL ADMISSIONS FORM APPROVED as to Tarah E. Ackerman, Esquire. (Original: SCR Registry)Signed by Chief Judge Christopher C. Conner on 5/23/16. (ki) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

PACER
11

SPECIAL ADMISSIONS FORM APPROVED as to Thomas S. Jones, Esquire. (Original: SCR Registry)Signed by Chief Judge Christopher C. Conner on 5/23/16. (ki) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

PACER
12

SPECIAL ADMISSIONS FORM APPROVED as to Peter D. Laun, Esquire. (Original: SCR Registry)Signed by Chief Judge Christopher C. Conner on 5/23/16. (ki) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

PACER

DOCKET ANNOTATION: Counsel has been advised to refile Doc. 8 using the Middle District form and using the event Document filed. (pjr)

May 26, 2016

May 26, 2016

PACER

DOCKET ANNOTATION: Counsel is reminded to refile Doc. 8 using the Middle District form and using the event Document filed. (pjr)

June 2, 2016

June 2, 2016

PACER
13

by Arthur Johnson. Special Admission form for Jules Lobel. (Grote, Bret) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER

DOCKET ANNOTATION: Petitioner, Jules Lobel, and Associate Counsel bar status verified. (pjr)

June 10, 2016

June 10, 2016

PACER
14

SUMMONS Returned Executed by Arthur Johnson. John Wetzel served on 6/9/2016, answer due 6/30/2016. (Ackerman, Tarah) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
15

SUMMONS Returned Executed by Arthur Johnson. Brenda Tritt served on 6/9/2016, answer due 6/30/2016. (Ackerman, Tarah) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
16

SUMMONS Returned Executed by Arthur Johnson. Shirley Moore-Smeal served on 6/9/2016, answer due 6/30/2016. (Ackerman, Tarah) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
17

SUMMONS Returned Executed by Arthur Johnson. Michael Wenerowicz served on 6/9/2016, answer due 6/30/2016. (Ackerman, Tarah) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
18

SUMMONS Returned Executed by Arthur Johnson. James Meintel served on 6/9/2016, answer due 6/30/2016. (Ackerman, Tarah) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
19

SPECIAL ADMISSIONS FORM APPROVED as to Jules Lobel, Esquire.Signed by Chief Judge Christopher C. Conner on 6/13/16. (ki) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER
21

ORDER re: Johnson's motion for preliminary injunction 3 directing defts to file br in opp by 7/1/2016 & permitting pltf to file reply br in further supp following svc of defts' opp papers but no later than time of hearing on motion. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 6/15/16. (ki) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

PACER
22

NOTICE of Appearance by M. Abbegael Giunta on behalf of James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel (Giunta, M.) (Entered: 06/16/2016)

June 16, 2016

June 16, 2016

PACER
23

SCHEDULING ORDER setting Hearing re: pltf's motion for preliminary injunction 3 set for 7/6/2016 @ 09:30 AM in Harrisburg - Courtroom 2 before Chief Judge Christopher C. Conner. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/17/16. (ki) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
24

Writ of Habeas Corpus ad Testificandum Issued as to Arthur Johnson #AF-3457 for 7/6/16 & return to SCI Frackville. (ki) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
25

NOTICE of Appearance by Karen Mascio Romano on behalf of James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel (Romano, Karen) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
26

MOTION Telephone Conference by James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel. (Attachments: # 1 Proposed Order Scheduling Telephone Conference)(Giunta, M.) (Entered: 06/24/2016)

1 Proposed Order Scheduling Telephone Conference

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June 24, 2016

June 24, 2016

PACER
27

SCHEDULING ORDER granting defts' motion for telephone conference 26 & setting telephone conference for 6/28/2016 @ 10:30 AM w/ cnsl for defts to place telephone conference call. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/27/16. (ki) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
29

SCHEDULING ORDER - It is hereby ORDERED that: 1. Prelim inj hrg set for 7/6/16 shall proceed as scheduled but be limited in scope to Johnson's affirmative evidence in supp of his motion 3 for prelim inj.; 2. Cont'd proceedings on Johnson's motion set for 8/11/2016 @ 10:00 AM in Harrisburg - Courtroom 2, during which defts shall present evidence in response to Johnson's motion & Johnson may present rebuttal evidence as appropriate. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/29/16. (ki) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

PACER
30

NOTICE of Appearance by Timothy A. Holmes on behalf of Anthony Kovalchik, James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel. (Holmes, Timothy) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

PACER
31

NOTICE of Appearance by Timothy A. Holmes on behalf of Anthony Kovalchik, James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel. (Holmes, Timothy) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

PACER
32

ANSWER to 1 Complaint by James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel.(Romano, Karen) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

PACER
33

BRIEF IN OPPOSITION re 3 MOTION for Preliminary Injunction filed by James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel.(Giunta, M.) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER
34

REPLY BRIEF re 3 MOTION for Preliminary Injunction filed by Arthur Johnson.(Ackerman, Tarah) (Entered: 07/05/2016)

July 5, 2016

July 5, 2016

PACER
35

STIPULATION of Facts by James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel. (Giunta, M.) (Entered: 07/05/2016)

July 5, 2016

July 5, 2016

PACER
37

PLAINTIFF'S PRELIMINARY INJUNCTION HEARING EXHIBIT LIST from Day #1 of PI Hrg held 7/6/16. (Original exhibits retained by pltf's cnsl) (ki) (Entered: 07/06/2016)

July 6, 2016

July 6, 2016

PACER
38

ORDER: 1. Pltf shall file any mtn to compel together with a brsupp 7/13/16.2. Dfts shall file a brief in response to pltfs anticipated mtn within (10) days of receipt thereof.3. To the extent the parties are able to resolve the discovery dispute amicably in the interim, the parties shall provide notice to the court of said resolution forthwith. Signed by Chief Judge Christopher C. Conner on 7/8/16. (ma) (Entered: 07/08/2016)

July 8, 2016

July 8, 2016

PACER
39

MOTION to Compel by Arthur Johnson. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence)(Ackerman, Tarah) (Entered: 07/13/2016)

1 Proposed Order

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2 Certificate of Nonconcurrence

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July 13, 2016

July 13, 2016

PACER
40

MEMORANDUM in Support of Motion to Compel 39 by Arthur Johnson. (Attachments: # 1 Unpublished Opinion(s), # 2 Exhibit(s) Exhibit A, # 3 Exhibit(s) Exhibit B, # 4 Exhibit(s) Exhibit C)(Ackerman, Tarah) Modified on 7/13/2016 to correct doc ID (ki). (Entered: 07/13/2016)

1 Unpublished Opinion(s)

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2 Exhibit(s) Exhibit A

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3 Exhibit(s) Exhibit B

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4 Exhibit(s) Exhibit C

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July 13, 2016

July 13, 2016

PACER

DOCKET ANNOTATION: Counsel is advised to refile Doc. 40 using the event Brief in Support. (pjr)

July 13, 2016

July 13, 2016

PACER
41

BRIEF IN SUPPORT re 39 MOTION to Compel filed by Arthur Johnson. (Attachments: # 1 Unpublished Opinion(s), # 2 Exhibit(s) Exhibit A, # 3 Exhibit(s) Exhibit B, # 4 Exhibit(s) Exhibit C)(Ackerman, Tarah) (Entered: 07/13/2016)

1 Unpublished Opinion(s)

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2 Exhibit(s) Exhibit A

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3 Exhibit(s) Exhibit B

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4 Exhibit(s) Exhibit C

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July 13, 2016

July 13, 2016

PACER
42

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Proceedings held on 7/6/16 before Judge Conner. Court Reporter L. Shuey, Telephone Number 717-215-1270. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through the Court Reporter or PACER. Redaction Request due 8/4/2016. Redacted Transcript Deadline set for 8/15/2016. Release of Transcript Restriction set for 10/12/2016. (ctrep1, ) (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

PACER
43

BRIEF IN OPPOSITION re 40 MOTION to Compel Memorandum in Support, 39 MOTION to Compel filed by James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel. (Attachments: # 1 Exhibit(s) A)(Giunta, M.) (Entered: 07/25/2016)

1 Exhibit(s) A

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July 25, 2016

July 25, 2016

PACER
44

Writ of Habeas Corpus ad Testificandum Issued as to Inmate Arthur Johnson for 8/11/16 & return to SCI Frackville. (ki) (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

PACER
45

MEMORANDUM (Order to follow as separate docket entry) re: 39 MOTION to Compel Discovery filed by Arthur Johnson. (See memo for complete details.)Signed by Chief Judge Christopher C. Conner on 8/5/16. (ki) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

RECAP
46

ORDER (Memorandum 45 filed previously as separate docket entry) GRANTING & DEFERRING portions of motion to compel discovery 39 as set forth in Paragraphs 1, 2, 3 & 4 of order (... see for specifics) & directing cnsl for defts to produce docs id'd in Paras 1, 2 & 3 above as well as Integrated CAse Summary -Classification & Inmate Query - Separations for in camera review by ct by no later than nooonon 8/9/16... together w/ statement by Sec Wetzesl id'ng... nature & source of threat posed by disclosure... as well as prop order or conf agmt to govern any production or disclosure of said docs. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/5/16. (ki) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

RECAP
47

SCHEDULING ORDER granting pltf's request to reschedule start time for 8/11/16 PI hrg & RESCHEDULING said hearing to commence @ 9:00 AM on 8/11/16 (rather than 10:00 a.m. same date). ( See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/5/16. (ki) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER
48

SUPERSEDING Writ of Habeas Corpus ad Testificandum Issued as to Arthur Johnson for 8/11/16 (time RESCHEDULED to 9:00 a.m., same date). (ki) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER
49

ORDER re: Johnson's motion to compel discovery 39 - It is hereby ORDERED that: 1. Motion DENIED w/ re: Boyd & Perez email.; 2. Subject to req'mt that all cnsl execute prop conf order prepped by defts & reviewed by undersigned, motion otherwise conditionally GRANTED.; 3. Upon execution by parties of defts' prop conf agmt & filing of same w/ ct defts shall forthwith produce to Johnson's cnsl in unredacted form the following:... (see Paras 3a-3i for specifics).; 4. Violation of anticipated conf agmt by any party thereto may result in impositio of appropriate sanctions. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/10/16. (ki) (Entered: 08/10/2016)

Aug. 10, 2016

Aug. 10, 2016

RECAP
50

APPROVED & ENTERED AS ORDER (per 8/10/16 order 51 of ct) - STIPULATION Regarding Confidentiality by John Wetzel, Brenda Tritt, Michael Wenerowicz, Shirley Moore-Smeal, Anthony Kovalchik, James Meintel, filed by John Wetzel, Brenda Tritt, Michael Wenerowicz, Shirley Moore-Smeal, Anthony Kovalchik, James Meintel. (Attachments: # 1 Proposed Order)(Romano, Karen) Modified on 8/10/2016 (ki). (Entered: 08/10/2016)

1 Proposed Order

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Aug. 10, 2016

Aug. 10, 2016

PACER
51

ORDER - It is hereby ORDERED that the stipulation 50 of the parties is ENTERED as an order of the court this 10th day of August, 2016. (See stip 50 & order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/10/16. (ki) (Entered: 08/10/2016)

Aug. 10, 2016

Aug. 10, 2016

PACER
52

Confidentiality STIPULATION & ORDER 50 w/ pltf's signature page executed. (See stip/order for complete details.) File 8/11/16. (ki) (Entered: 08/11/2016)

Aug. 11, 2016

Aug. 11, 2016

PACER
54

COURT REPORTER NOTES OF PROCEEDINGS - filed by Wesley J. Armstrong of preliminary injunction hearing, Day 2, held before Chief Judge Conner on 11 August 2016. In accordance with 28 U.S.C., Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Chief Judge Conner on 11 August 2016. By: s/ Wesley J. Armstrong, RMR. (Entered: 08/11/2016)

Aug. 11, 2016

Aug. 11, 2016

PACER
56

PLAINTIFF'S PRELIMINARY INJUNCTION HEARING (Day #2) EXHIBIT LIST from 8/11/16. (Original exhibits returned to pltf's cnsl on 8/11/16)(ki) (Entered: 08/12/2016)

Aug. 11, 2016

Aug. 11, 2016

PACER
57

DEFENDANTS' PRELIMINARY INJUNCTION HEARING EXHIBIT LIST from 8/11/16 PI Hrg. (Original exhibits returned to defts' cnsl on 8/11/16) (ki) (Entered: 08/12/2016)

Aug. 11, 2016

Aug. 11, 2016

PACER
58

ACKNOWLEDGEMENT of Receipt of Original Exhibits from Preliminary Injunction Hearing (held 7/6/16 & 8/11/16) RECEIVED from Plaintiff's Counsel on 8/11/16. (ki) (Entered: 08/12/2016)

Aug. 11, 2016

Aug. 11, 2016

PACER
59

ACKNOWLEDGEMENT of Receipt of Defendants' Original Exhibits from Preliminary Injunction Hearing (held 7/6/16 & 8/11/16) RECEIVED from Defendants' Counsel on 8/11/16. (ki) (Entered: 08/12/2016)

Aug. 11, 2016

Aug. 11, 2016

PACER
60

MOTION to Unseal Testimony of Siena Smith by Arthur Johnson. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order)(Ackerman, Tarah) (Entered: 08/23/2016)

1 Certificate of Nonconcurrence

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2 Proposed Order

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Aug. 23, 2016

Aug. 23, 2016

PACER
61

BRIEF IN SUPPORT re 60 MOTION to Unseal Testimony of Siena Smith filed by Arthur Johnson.(Ackerman, Tarah) (Entered: 08/23/2016)

Aug. 23, 2016

Aug. 23, 2016

PACER
62

ORDER DEFERRING disposition of Johnson's motion 60 to unseal Smith's testimony, directing that all filings referencing or citing to Smith's testimony to be filed under seal pending ct's disp of motion, parties to set forth positions re: motion in prop findings of fact & conc of law by 9/7/16 & noting ct will rule on motion in connect w/ PI motion 3 . (See order for complete details) Signed by Chief Judge Christopher C. Conner on 8/25/16. (ki) (Entered: 08/25/2016)

Aug. 25, 2016

Aug. 25, 2016

PACER
63

TRANSCRIPT of S. Smith Testimony (ctrep8, ) Modified on 9/20/2016 (ki). Modified on 9/20/2016 to unseal per order 68 of court(ki). (Entered: 08/29/2016)

Aug. 29, 2016

Aug. 29, 2016

PACER
64

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of preliminary injunction hearing held on 11 August 2016 before Chief Judge Conner. Court Reporter: Wesley J. Armstrong, RMR (telephone number 717-542-5569). Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/19/2016. Redacted Transcript Deadline set for 9/29/2016. Release of Transcript Restriction set for 11/28/2016. (Entered: 08/29/2016)

Aug. 29, 2016

Aug. 29, 2016

PACER
65

Plaintiff's Proposed Findings of Fact & Conclusions of Law (Attachments: # 1 Exhibit(s), # 2 Proposed Order) (pjr) Modified on 9/20/2016 to unseal per order 68 of court (ki). (Entered: 09/07/2016)

1 Exhibit(s)

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2 Proposed Order

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Sept. 7, 2016

Sept. 7, 2016

PACER
66

Defendants' Proposed Findings of Fact & Conclusions of Law. (Attachments: # 1 Proposed Order) (pjr) Modified on 9/20/2016 to unseal per order 68 of court) (ki). (Entered: 09/07/2016)

1 Proposed Order

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Sept. 7, 2016

Sept. 7, 2016

PACER
67

MEMORANDUM (Order to follow as separate docket entry) re: 3 MOTION for Preliminary Injunction filed by Arthur Johnson. (See memo for complete details.)Signed by Chief Judge Christopher C. Conner on 9/20/16. (ki) (Main Document 67 replaced on 9/21/2016) (ki). (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

RECAP
68

ORDER (Memorandum 67 filed previously as separate docket entry) - It is hereby ORDERED that: 1. Johnson's motion for PI 3 is GRANTED.; 2. Subject to development & implementation of program set forth in Para 3... defts PRELIMINARILY ENJOINED from maintaining Johnson in solitary confinement in RHU. ; 3. Parties DIRECTED forthwith to meet & confer to devlop app step-down program for Johnson's reintegration into general population... (see Para 3 for specific instructions).; 4. By 9/28/16 parties to submit jt prop step-down program for ct's review & app or if unable to agree to submit separate props.; 5. Step-down program.. shall@ minimum... (see Paras 5a-c for specific instructions).; 6. In event defts determine that Johnson's reintegration must be delayed for reasons of his own safety or safety of others.... defts to document in detail reasons for delay & submit documentation to ct forthwith.; 7. Ct finds relief granted hereinabove narrowly drawn, exts no further than necessary to correct harm req'ng relief & is least intrusive means necessary to correct that harm...; 8. Johnson's motion 60 to unseal testimony of Siena Smith GRANTED. Clrk of Ct shall UNSEAL transcript 63 of her testimony & parties' prop findings of fact & conc of law 65 & 66 forthwith. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/20/16. (ki) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

RECAP
69

ORDER -It is hereby ORDERED that the ct's memo 67 is amended @ page 26 to state, in opening sentece of 1st paragraph, as follows: "When he entered Department custody in August 1973, Mr. Johnson was twenty-one years old, and his life expectancy was forty-four more years." (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/21/16. (ki) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
70

Proposed Pretrial Order Joint Proposed Step-Down Program for Arthur Johnson by Anthony Kovalchik, James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel. (Giunta, M.) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
71

ORDER - JOINT STEP DOWN PROGRAM FOR ARTHUR JOHNSON 70 approved by the court. (See order for complete details)Signed by Chief Judge Christopher C. Conner on 9/30/16. (ki) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

RECAP
72

SCHEDULING ORDER: Initial Case Management Conference set for 2/14/2017 @ 10:15 AM - placement of the telephone conference call is the responsibility of the plaintiff. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 1/9/17. (ki) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
73

MOTION to Withdraw as Attorney Thomas S. Jones by Arthur Johnson. (Attachments: # 1 Proposed Order)(Ackerman, Tarah) (Entered: 01/26/2017)

1 Proposed Order

View on PACER

Jan. 26, 2017

Jan. 26, 2017

PACER
74

ORDER granting motion 73 for leave to w/draw & permitting Atty Thomas S. Jones to w/draw his appearance as cnsl for pltf Arthur Johnson. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 1/30/17. (ki) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
75

CASE MANAGEMENT PLAN agreed upon by all parties by James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel. (Romano, Karen) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
77

ORDER REFERRING CASE for Purposes of Settlement Conference Only to Magistrate Judge Martin C. Carlson. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 2/14/17. (ki) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
78

SCHEDULING ORDER: A Settlement Conference is set for 4/24/2017 at 1:00 PM in Harrisburg - Courtroom 5 before Magistrate Judge Martin C. Carlson. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on March 1, 2017. (kjn) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

PACER
79

VACATED -Writ of Habeas Corpus ad Testificandum Issued as to Arthur Johnson, #AF-2457 for April 24, 2017 at 1:00 p.m.. Signed by Magistrate Judge Carlson 3/1/2017. (kjn) Modified on 4/18/2017 (kjn). (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

PACER
80

Letter from Plaintiff's Counsel . (Grote, Bret) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

RECAP
82

ORDER - IT IS HEREBY ORDERED THAT the parties shall provide a status report on the progress of these settlement negotiations on or before May 26, 2017. Signed by Magistrate Judge Martin C. Carlson on May 16, 2017. (kjn) (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER
83

ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within ninety (90) days, to reinstate the action if settlement is not consummated. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 6/28/17. (ki) (Entered: 06/28/2017)

June 28, 2017

June 28, 2017

RECAP
84

WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney M. Abbegael Giunta terminated on behalf of Defendants. (Giunta, M.) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: May 12, 2016

Closing Date: Oct. 17, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Incarcerated plaintiff held in solitary confinement

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

John Wetzel, Secretary of the Pennsylvania Department of Corrections (DOC); Shirley Moore-Smeal, Executive Deputy Secretary of the DOC; Michael Wenerowicz, Regional Deputy Secretary of the DOC; Brenda Tritt, Superintendent SCI Frackville; etc. , State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Issues

General:

Solitary confinement/Supermax (conditions or process)

Type of Facility:

Government-run