Case: Seitz v. Allegheny County

2:16-cv-01879 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Dec. 19, 2016

Case Ongoing

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Case Summary

On December 19, 2016, five pregnant women in Allegheny County Jail (ACJ) brought this suit against Allegheny County and jail officers in the U.S. District Court for the Western District of Pennsylvania. Suing under § 1983, they alleged violations of their Eighth Amendment rights to be free from cruel and unusual punishment and their Fourteenth Amendment right to notice and opportunity to be heard via the Due Process Clause. Represented by the ACLU of Pennsylvania, the Pennsylvania Institutiona…

On December 19, 2016, five pregnant women in Allegheny County Jail (ACJ) brought this suit against Allegheny County and jail officers in the U.S. District Court for the Western District of Pennsylvania. Suing under § 1983, they alleged violations of their Eighth Amendment rights to be free from cruel and unusual punishment and their Fourteenth Amendment right to notice and opportunity to be heard via the Due Process Clause. Represented by the ACLU of Pennsylvania, the Pennsylvania Institutional Law Project, the Abolitionist Law Center, and private counsel, the plaintiffs requested declaratory and injunctive relief, equitable damages, and attorneys' fees and costs.

These plaintiffs alleged that they were subject to solitary confinement for up to 24 hours per day for minor rule infractions. For example, one plaintiff was subjected to solitary confinement because she had three pairs of shoes when she was only allowed two. While in solitary confinement, the plaintiffs alleged that they were not given an opportunity to shower or exercise, and that they were not allowed any recreational materials such as books, papers, pens, or magazines. Finally, the amount of time spent in solitary confinement ranged from six to twenty-two days. The plaintiffs also alleged that they were not receiving the proper pre-natal nutrition. The plaintiffs stated that because of the lack of nutrition, they were forced to supplement meals with food purchased from the commissary and, moreover, feared for the health of their fetuses. the plaintiffs explained that this was especially problematic for those inmates. This concern was especially problematic for pregnant women placed in solitary confinement.

On February 14, 2017 the plaintiffs sought class certification on behalf of all women at ACJ now, and in the future, who were pregnant or post partum. The suit was referred to a magistrate for mediation on May 15, 2017. That mediation was scheduled for July 7, 2017.

On November 8, 2017 the parties reached a settlement. The agreement stipulated that for three years, Allegheny County jail would provide plaintiffs' counsel with a list of pregnant women detained or incarcerated upon plaintiffs' counsel's request. Additionally, the Allegheny County jail would provide plaintiffs' counsel with quarterly discovery: copies of documents related to the placement of any pregnant women in restrictive housing, and the total number of misconducts and informal resolutions issued to pregnant women resulting in loss of privileges.

Additionally, the agreement stipulated that Allegheny County jail would adopt a new policy that would require the jail to provide counseling, health assessments, and adequate nutrition and supplements to pregnant women, women post partum, and lactating women in the jail. The new policy required that pregnant women be seen by a qualified healthcare professional at least once per month, and that medical care will be provided regardless of the woman's disciplinary status. The new policy also required that women who qualify receive the pregnant/nursing diet regardless of where they are housed in the jail. The new policy further required that pregnant women receive the opportunity to exercise for at least two hours per day and that women be given access to showers and hygiene supplies.

The case was voluntarily dismissed as a result of the settlement agreement on November 15, 2017. The court retains jurisdiction to enforce the settlement until November 2020.

Summary Authors

Cianan Lesley (2/24/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7110239/parties/seitz-v-allegheny-county/

Judge(s)

Eddy, Cynthia Reed (Pennsylvania)

Lenihan, Lisa Pupo (Pennsylvania)

Attorney for Plaintiff

Fawcett, David B. (Pennsylvania)

Grote, Bret D. (Pennsylvania)

Attorney for Defendant

Bacharach, John A. (Pennsylvania)

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Documents in the Clearinghouse

Document

2:16-cv-01879

Docket [PACER]

Nov. 15, 2017

Nov. 15, 2017

Docket
1

2:16-cv-01879

Class Action Complaint

Seitz, Tuzlic, Depasse, Hendricks, and Day v. Allegheny County

Dec. 19, 2016

Dec. 19, 2016

Complaint
43

2:16-cv-01879

Stipulated Order of Dismissal & Settlement Agreement Between Plaintiffs and Allegheny County

Nov. 9, 2017

Nov. 9, 2017

Settlement Agreement
46

2:16-cv-01879

Stipulated Order of Dismissal

Nov. 15, 2017

Nov. 15, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7110239/seitz-v-allegheny-county/

Last updated July 6, 2025, 3:25 a.m.

ECF Number Description Date Link Date / Link

Summons Issued

Dec. 19, 2016

Dec. 19, 2016

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Summons Issued

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Dec. 19, 2016

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Complaint

1 Civil Cover Sheet

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2 Exhibit A

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3 Summons Allegheny County

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4 Summons Orlando Harper

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5 Summons Simon Wainwright

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6 Summons Monica Long

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7 Summons Jesse Andrasckik

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Dec. 19, 2016

Dec. 19, 2016

PACER
1

Complaint

1 Civil Cover Sheet

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2 Exhibit A

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3 Summons Allegheny County

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4 Summons Orlando Harper

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5 Summons Simon Wainwright

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6 Summons Monica Long

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7 Summons Jesse Andrasckik

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Dec. 19, 2016

Dec. 19, 2016

PACER
1

Complaint

1 Civil Cover Sheet

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2 Exhibit A

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3 Summons Allegheny County

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4 Summons Orlando Harper

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5 Summons Simon Wainwright

View on PACER

6 Summons Monica Long

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7 Summons Jesse Andrasckik

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Dec. 19, 2016

Dec. 19, 2016

PACER
1

Complaint

1 Civil Cover Sheet

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2 Exhibit A

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3 Summons Allegheny County

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4 Summons Orlando Harper

View on PACER

5 Summons Simon Wainwright

View on PACER

6 Summons Monica Long

View on PACER

7 Summons Jesse Andrasckik

View on PACER

Dec. 19, 2016

Dec. 19, 2016

PACER
1

Complaint

1 Civil Cover Sheet

View on PACER

2 Exhibit A

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3 Summons Allegheny County

View on PACER

4 Summons Orlando Harper

View on PACER

5 Summons Simon Wainwright

View on PACER

6 Summons Monica Long

View on PACER

7 Summons Jesse Andrasckik

View on PACER

Dec. 19, 2016

Dec. 19, 2016

PACER
1

Complaint

1 Civil Cover Sheet

View on PACER

2 Exhibit A

View on PACER

3 Summons Allegheny County

View on PACER

4 Summons Orlando Harper

View on PACER

5 Summons Simon Wainwright

View on PACER

6 Summons Monica Long

View on PACER

7 Summons Jesse Andrasckik

View on PACER

Dec. 19, 2016

Dec. 19, 2016

PACER
1

Complaint

1 Civil Cover Sheet

View on PACER

2 Exhibit A

View on PACER

3 Summons Allegheny County

View on PACER

4 Summons Orlando Harper

View on PACER

5 Summons Simon Wainwright

View on PACER

6 Summons Monica Long

View on PACER

7 Summons Jesse Andrasckik

View on PACER

Dec. 19, 2016

Dec. 19, 2016

PACER
1

Complaint

1 Civil Cover Sheet

View on PACER

2 Exhibit A

View on PACER

3 Summons Allegheny County

View on PACER

4 Summons Orlando Harper

View on PACER

5 Summons Simon Wainwright

View on PACER

6 Summons Monica Long

View on PACER

7 Summons Jesse Andrasckik

View on PACER

Dec. 19, 2016

Dec. 19, 2016

PACER
1

Complaint

1 Civil Cover Sheet

View on PACER

2 Exhibit A

View on PACER

3 Summons Allegheny County

View on PACER

4 Summons Orlando Harper

View on PACER

5 Summons Simon Wainwright

View on PACER

6 Summons Monica Long

View on PACER

7 Summons Jesse Andrasckik

View on PACER

Dec. 19, 2016

Dec. 19, 2016

PACER
1

Complaint

1 Civil Cover Sheet

View on PACER

2 Exhibit A

View on PACER

3 Summons Allegheny County

View on PACER

4 Summons Orlando Harper

View on PACER

5 Summons Simon Wainwright

View on PACER

6 Summons Monica Long

View on PACER

7 Summons Jesse Andrasckik

View on PACER

Dec. 19, 2016

Dec. 19, 2016

PACER
1

Complaint

1 Civil Cover Sheet

View on PACER

2 Exhibit A

View on PACER

3 Summons Allegheny County

View on PACER

4 Summons Orlando Harper

View on PACER

5 Summons Simon Wainwright

View on PACER

6 Summons Monica Long

View on PACER

7 Summons Jesse Andrasckik

View on PACER

Dec. 19, 2016

Dec. 19, 2016

PACER
1

Complaint

1 Civil Cover Sheet

View on PACER

2 Exhibit A

View on PACER

3 Summons Allegheny County

View on PACER

4 Summons Orlando Harper

View on PACER

5 Summons Simon Wainwright

View on PACER

6 Summons Monica Long

View on PACER

7 Summons Jesse Andrasckik

View on PACER

Dec. 19, 2016

Dec. 19, 2016

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Waiver of Service Executed

Dec. 28, 2016

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Notice of Appearance

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Motion to Certify Class

1 Proposed Order

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Motion to Certify Class

1 Proposed Order

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Motion to Certify Class

1 Proposed Order

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Motion to Certify Class

1 Proposed Order

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Case Details