Filed Date: Dec. 19, 2016
Case Ongoing
Clearinghouse coding complete
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)
For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7110239/parties/seitz-v-allegheny-county/
Eddy, Cynthia Reed (Pennsylvania)
Lenihan, Lisa Pupo (Pennsylvania)
Fawcett, David B. (Pennsylvania)
Grote, Bret D. (Pennsylvania)
Morgan-Kurtz, Alexandra T. (Pennsylvania)
Rose, Sara (Pennsylvania)
Walczak, Witold J. (Pennsylvania)
Williams, Aleksandra V (Pennsylvania)
Bacharach, John A. (Pennsylvania)
Eddy, Cynthia Reed (Pennsylvania)
Lenihan, Lisa Pupo (Pennsylvania)
Fawcett, David B. (Pennsylvania)
Grote, Bret D. (Pennsylvania)
Morgan-Kurtz, Alexandra T. (Pennsylvania)
Rose, Sara (Pennsylvania)
Walczak, Witold J. (Pennsylvania)
Williams, Aleksandra V (Pennsylvania)
Bacharach, John A. (Pennsylvania)
See docket on RECAP: https://www.courtlistener.com/docket/7110239/seitz-v-allegheny-county/
Last updated Aug. 28, 2022, 3:24 a.m.
State / Territory: Pennsylvania
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Dec. 19, 2016
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Five pregnant women at Allegheny County Jail who were subject to solitary confinement conditions and allegedly poor nutrition.
Plaintiff Type(s):
Attorney Organizations:
Pennsylvania Institutional Law Project
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Mooted before ruling
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Availably Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: $90,000
Order Duration: 2017 - 2020
Content of Injunction:
Implement complaint/dispute resolution process
Issues
General:
Food service / nutrition / hydration
Solitary confinement/Supermax (conditions or process)
Affected Gender:
Medical/Mental Health:
Type of Facility: