Case: McCreary v. Federal Bureau of Prisons

1:17-cv-01011 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: June 9, 2017

Closed Date: March 24, 2021

Clearinghouse coding complete

Case Summary

On June 9, 2017, three mentally ill prisoners of the U.S. Penitentiary at Lewisburg (USP Lewisburg) filed this class-action lawsuit in the U.S. District Court for the Middle District of Pennsylvania. The case was assigned to Judge Yvette Kane. The plaintiffs sued the Federal Bureau of Prisons, alleging that the defendants’ failure to provide adequate treatment for prisoners with mental illness constituted cruel and unusual punishment in violation of the Eighth Amendment. The plaintiffs alleged …

On June 9, 2017, three mentally ill prisoners of the U.S. Penitentiary at Lewisburg (USP Lewisburg) filed this class-action lawsuit in the U.S. District Court for the Middle District of Pennsylvania. The case was assigned to Judge Yvette Kane. The plaintiffs sued the Federal Bureau of Prisons, alleging that the defendants’ failure to provide adequate treatment for prisoners with mental illness constituted cruel and unusual punishment in violation of the Eighth Amendment. The plaintiffs alleged that they were deprived of medication, received puzzles and coloring pages in lieu of treatment, and had five-minute conversations in the public showers with mental health professionals instead of formal therapy sessions. Represented by the Pennsylvania Institutional Law Project, Washington Lawyers’ Committee, and private counsel, the plaintiffs sought declaratory and injunctive relief.

On August 11, 2017, the plaintiffs moved for class certification. The class would consist of all persons who were, as of the filing date of the complaint in this case, or are now, or will be in the future, confined to the custody of the United States Bureau of Prisons in the United States Penitentiary Lewisburg and suffer from a Serious Mental Illness or a Mental Illness, requiring treatment under one or more of the BOP’s CARE levels.

On October 2, 2017, the defendants filed a motion to dismiss for failure to state a claim or, in the alternative, a motion for summary judgement. In the two weeks after filing the motion, the defendants filed a motion to stay the plaintiff’s motion for class certification pending their motion to dismiss and a statement of material facts containing records of the plaintiff’s interactions with mental health services. The defendant argued that the plaintiffs’ complaint did not sufficiently demonstrate that the defendants failed to provide treatment; rather, it merely demonstrated that the plaintiffs disagreed with the treatments that the medical professionals prescribed for them. On December 7, 2017, the court granted the defendants’ motion to stay class certification until after the defendants’ motion to dismiss was decided.

On June 20, 2018, Magistrate Judge Schwab issued a report recommending that the defendants’ motion to dismiss be denied. She found that the plaintiffs had not actually raised separate Eighth Amendment conditions-of-confinement claim in their complaint, but invited the plaintiffs to do so in an amended complaint if so desired. With regard to the Eighth Amendment medical care claims, the Magistrate Judge found that the plaintiffs had sufficiently alleged facts to state a claim of deliberate indifference, and so denied the motion to dismiss on that basis as well. The defendants also argued that the plaintiffs' complaint violated the favorable termination rule (by challenging the duration of their confinement), but the Magistrate Judge recommended that the court temporarily deny the motion to dismiss on that objection. The plaintiffs objected to the recommendation saying that they did not challenge the duration of their confinement, nor did they raise Eighth Amendment conditions claims.

On October 26, 2018 Judge Yvette Kane adopted the Magistrate Judge's recommendation insofar as it denied the defendants motion to dismiss, motion for summary judgment, and motion to stay discovery. The case was then reassigned to Magistrate Judge Schwab.

Over the following months, Magistrate Judge Schwab issued several orders. The first, on November 27, 2018, granted the plaintiffs motion for a protective order. The second, on February 22, 2019, denied class certification without prejudice. Discovery continued in the wake of these orders.

On November 20, 2019, Chief Judge Christopher C. Conner issued a verbal order reassigning the case from Judge Yvette Kane to Judge Jennifer P. Wilson, and the plaintiffs again moved for class certification. On January 29, 2020, Magistrate Judge Schwab issued an order requiring that plaintiffs show cause why their claims should not be denied as moot and also issued a recommendation that the plaintiff's motion for class certification be denied due to lack of numerosity, among other grounds.

On February 24, 2021, Judge Wilson declined to adopt Magistrate Judge Schwab's recommendation to deny the class certification due to lack of numerosity and recommitted the matter to Magistrate Judge Schwab with instructions to make further findings on whether the plaintiff's claims had been rendered moot by the closure of the Special Management Unit at USP Lewisburg.

On March 23, 2021, the plaintiffs filed a stipulation of dismissal after conferring with Defendant's counsel. Both parties agreed that the subject of the plaintiff's legal action had been mooted by the closure of SMU at USP Lewisburg and the transfer of the named plaintiffs to other prisons within the BOP. The case was terminated on March 24, 2021.

Summary Authors

Rebecca Strauss (6/7/2018)

Abigail DeHart (8/2/2018)

Alex Moody (11/20/2019)

Casey D'Alesandro (4/10/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6294852/parties/mccreary-v-the-federal-bureau-of-prisons/


Judge(s)

Kane, Yvette (Pennsylvania)

Schwab, Susan (Pennsylvania)

Wilson, Jennifer Philpott None (Pennsylvania)

Attorneys(s) for Plaintiff

Boynton, Marissa R. (District of Columbia)

Davy, James (Pennsylvania)

Ernst, Amy B. (Pennsylvania)

Fornaci, Phillip Jerome (District of Columbia)

Metz, Kevin H. (District of Columbia)

Morgan-Kurtz, Alexandra T. (Pennsylvania)

Niles, Lyndsay Ayanna (District of Columbia)

Judge(s)

Kane, Yvette (Pennsylvania)

Schwab, Susan (Pennsylvania)

Wilson, Jennifer Philpott None (Pennsylvania)

Attorneys(s) for Plaintiff

Boynton, Marissa R. (District of Columbia)

Davy, James (Pennsylvania)

Ernst, Amy B. (Pennsylvania)

Fornaci, Phillip Jerome (District of Columbia)

Metz, Kevin H. (District of Columbia)

Morgan-Kurtz, Alexandra T. (Pennsylvania)

Niles, Lyndsay Ayanna (District of Columbia)

Palmer-Ball, Katherine B. (District of Columbia)

Wisniewski, Drew R. (District of Columbia)

Attorneys(s) for Defendant

Judge, Timothy (Pennsylvania)

Thiel, G. (Pennsylvania)

Documents in the Clearinghouse

Document

1:17-cv-01011

Docket [PACER]

McCreary v. The Federal Bureau of Prisons

March 24, 2021

March 24, 2021

Docket
1

1:17-cv-01011

Class Action Complaint

McCreary v. The Federal Bureau of Prisons

June 9, 2017

June 9, 2017

Complaint
57

1:17-cv-01011

Order

McCreary v. The Federal Bureau of Prisons

May 31, 2018

May 31, 2018

Order/Opinion
58

1:17-cv-01011

Report and Recommendation

June 20, 2018

June 20, 2018

Magistrate Report/Recommendation
61

1:17-cv-01011

Plaintiffs' Objections to Report & Recommendation

McCreary v. The Federal Bureau of Prisons

July 5, 2018

July 5, 2018

Pleading / Motion / Brief
138

1:17-cv-01011

Stipulation of Dismissal

Rodriguez v. The Federal Bureau of Prisons

March 23, 2021

March 23, 2021

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6294852/mccreary-v-the-federal-bureau-of-prisons/

Last updated Aug. 4, 2022, 3:25 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $400, Receipt Number 0314-4112963) filed by Richard C. Anamanya, Jusamuel Rodriguez McCreary, Joseph R. Coppola. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit(s))(ve) (Entered: 06/09/2017)

1 Civil Cover Sheet

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2 Exhibit(s)

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June 9, 2017

June 9, 2017

PACER

Special Admission Form Sent

June 9, 2017

June 9, 2017

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) (ve) (Entered: 06/09/2017)

1 Summons Packet

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June 9, 2017

June 9, 2017

PACER

SPECIAL ADMISSION FORM SENT to Attorney(s) Metz. Fornaci, Boynton electronically. (ve)

June 9, 2017

June 9, 2017

PACER
3

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kevin H. Metz on behalf of Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary Attorney Kevin Metz is seeking special admission. Filing fee $ 50, receipt number 0314-4114419.. (Metz, Kevin) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
4

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Marissa R. Boynton on behalf of Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary Attorney Marissa Boynton is seeking special admission. Filing fee $ 50, receipt number 0314-4114522.. (Boynton, Marissa) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
5

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Philip J. Fornaci on behalf of Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary Attorney Philip Fornaci is seeking special admission.. (Fornaci, Philip) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER

Docket Annotation

June 14, 2017

June 14, 2017

PACER

DOCKET ANNOTATION: Petitioner(s) Boynton, Fornaci and Metz & Associate Counsel Morgan-Kurtz- Bar Status Verified. (ve)

June 14, 2017

June 14, 2017

PACER
6

SPECIAL ADMISSIONS FORM APPROVED as to Kevin H. Metz, Esquire. Signed by Honorable Yvette Kane on 6/15/17. (rw) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
7

SPECIAL ADMISSIONS FORM APPROVED as to Phillip Fornaci, Esquire. Signed by Honorable Yvette Kane on 6/15/17. (rw) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
8

SPECIAL ADMISSIONS FORM APPROVED as to Marissa R. Boynton, Esquire. Signed by Honorable Yvette Kane on 6/15/17. (rw) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
9

SUMMONS Returned Executed by Richard C. Anamanya, Jusamuel Rodriguez McCreary, Joseph R. Coppola. The Federal Bureau of Prisons served on 7/3/2017, answer due 9/1/2017. (Boynton, Marissa) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
10

SUMMONS Returned Executed by Richard C. Anamanya, Jusamuel Rodriguez McCreary, Joseph R. Coppola. Thomas R. Kane served on 7/3/2017, answer due 9/1/2017. (Boynton, Marissa) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
11

SUMMONS Returned Executed by Richard C. Anamanya, Jusamuel Rodriguez McCreary, Joseph R. Coppola. David J. Ebbert served on 7/3/2017, answer due 9/1/2017. (Boynton, Marissa) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
12

RETURN OF SERVICE (Non Summons & Complaint) by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary re 1 Complaint US Attorney General (Boynton, Marissa) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
13

RETURN OF SERVICE (Non Summons & Complaint) by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary re 1 Complaint US Attorney (Boynton, Marissa) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
14

MOTION to Certify Class by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary. (Attachments: # 1 Proposed Order)(Metz, Kevin) (Entered: 08/11/2017)

1 Proposed Order

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Aug. 11, 2017

Aug. 11, 2017

PACER
15

MOTION to Exceed Page Limitation by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary. (Attachments: # 1 Proposed Order)(Metz, Kevin) (Entered: 08/17/2017)

1 Proposed Order

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Aug. 17, 2017

Aug. 17, 2017

PACER
16

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Katherine B Palmer-Ball on behalf of Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary Attorney Katherine Palmer-Ball is seeking special admission. Filing fee $ 50, receipt number 0314-4175460.. (Palmer-Ball, Katherine) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER

Docket Annotation

Aug. 18, 2017

Aug. 18, 2017

PACER

DOCKET ANNOTATION: Counsel is advised to file a Professional Code of Conduct form for Doc. 16 using the event: Civil Events Other Filings Other Documents-Includes Social Security Transcript and Brief Events - document Filed. (pjr)

Aug. 18, 2017

Aug. 18, 2017

PACER
17

CODE OF PROFESSIONAL CONDUCT by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary. . (Palmer-Ball, Katherine) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
18

ORDER granting 15 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Susan E. Schwab on 8/21/2017 (ktt) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER

Docket Annotation

Aug. 22, 2017

Aug. 22, 2017

PACER

DOCKET ANNOTATION: Petitioner Palmer-Ball & Associate Counsel Morgan-Kurtz: Bar Status Verified. (ve)

Aug. 22, 2017

Aug. 22, 2017

PACER
19

BRIEF IN SUPPORT re 14 MOTION to Certify Class filed by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Unpublished Opinion(s))(Metz, Kevin) (Entered: 08/23/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Unpublished Opinion(s)

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Aug. 23, 2017

Aug. 23, 2017

PACER
20

SPECIAL ADMISSIONS FORM APPROVED as to Katherine Palmer-Bell. Signed by Magistrate Judge Susan E. Schwab on 8/25/2017. (ktt) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
21

Unopposed MOTION for Extension of Time to Respond to Complaint and Motion for Class Certification by David J. Ebbert, Thomas R. Kane, The Federal Bureau of Prisons. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Judge, Timothy) (Entered: 08/31/2017)

1 Proposed Order

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2 Certificate of Concurrence

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Aug. 31, 2017

Aug. 31, 2017

PACER
22

ORDER granting 21 Motion to Extend Time. Signed by Magistrate Judge Susan E. Schwab on 9/5/2017 (ktt) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
23

MOTION to Dismiss or in the alternative, MOTION for Summary Judgment by David J. Ebbert, Thomas R. Kane, The Federal Bureau of Prisons. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence)(Judge, Timothy) (Entered: 10/02/2017)

1 Proposed Order

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2 Certificate of Nonconcurrence

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Oct. 2, 2017

Oct. 2, 2017

PACER
24

MOTION to Stay re 14 MOTION to Certify Class by David J. Ebbert, Thomas R. Kane, The Federal Bureau of Prisons. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence)(Judge, Timothy) (Entered: 10/06/2017)

1 Proposed Order

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2 Certificate of Nonconcurrence

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Oct. 6, 2017

Oct. 6, 2017

PACER
25

BRIEF IN SUPPORT re 24 MOTION to Stay re 14 MOTION to Certify Class filed by David J. Ebbert, Thomas R. Kane, The Federal Bureau of Prisons.(Judge, Timothy) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
26

Unopposed MOTION to Exceed Page Limitation by Thomas R. Kane, The Federal Bureau of Prisons. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Judge, Timothy) (Entered: 10/12/2017)

1 Proposed Order

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2 Certificate of Concurrence

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Oct. 12, 2017

Oct. 12, 2017

PACER
27

ORDER granting 26 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Susan E. Schwab on 10/13/2017 (ktt) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
28

STATEMENT OF FACTS re 23 MOTION to Dismiss or in the alternative MOTION for Summary Judgment filed by David J. Ebbert, Thomas R. Kane, The Federal Bureau of Prisons. (Attachments: # 1 Certificate of Service for Mailed Exhibits (filed in person via disc))(Judge, Timothy) (Entered: 10/16/2017)

1 Certificate of Service for Mailed Exhibits (filed in person via disc)

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Oct. 16, 2017

Oct. 16, 2017

PACER
29

BRIEF IN SUPPORT re 23 MOTION to Dismiss or in the alternative MOTION for Summary Judgment filed by David J. Ebbert, Thomas R. Kane, The Federal Bureau of Prisons.(Judge, Timothy) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
30

EXHIBITS 1 & 2 filed by David J. Ebbert, Thomas R. Kane, The Federal Bureau of Prisons re 28 Statement of Facts. (Attachments: # 1 Exhibit(s) 2)(ve) (Entered: 10/19/2017)

1 Exhibit(s) 2

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Oct. 16, 2017

Oct. 16, 2017

PACER
31

EXHIBIT 3 filed by David J. Ebbert, Thomas R. Kane, The Federal Bureau of Prisons re 28 Statement of Facts. (Attachments: # 1 Exhibit(s) 3 - Redacted 1 of 3, # 2 Exhibit(s) 3 - Redacted 2 of 3, # 3 Exhibit(s) 3 - Redacted 3 of 3)(ve) (Entered: 10/19/2017)

1 Exhibit(s) 3 - Redacted 1 of 3

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2 Exhibit(s) 3 - Redacted 2 of 3

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3 Exhibit(s) 3 - Redacted 3 of 3

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Oct. 16, 2017

Oct. 16, 2017

PACER
32

Unopposed MOTION for Extension of Time to File Response in Opposition to Defendants' Motion to Dismiss or, in the Alternative, Motion for Summary Judgment by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary. (Attachments: # 1 Proposed Order)(Metz, Kevin) (Entered: 10/20/2017)

1 Proposed Order

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Oct. 20, 2017

Oct. 20, 2017

PACER
33

BRIEF IN OPPOSITION re 24 MOTION to Stay re 14 MOTION to Certify Class filed by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary. (Attachments: # 1 Appendix of Unpublished Authority)(Metz, Kevin) (Entered: 10/20/2017)

1 Appendix of Unpublished Authority

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Oct. 20, 2017

Oct. 20, 2017

PACER
34

ORDER granting 32 Motion for Extension of Time to File. Signed by Magistrate Judge Susan E. Schwab on 10/24/2017 (ktt) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
35

REPLY BRIEF re 24 MOTION to Stay re 14 MOTION to Certify Class filed by David J. Ebbert, Thomas R. Kane, The Federal Bureau of Prisons.(Thiel, G.) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
36

Unopposed MOTION to Exceed Page Limitation by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Metz, Kevin) (Entered: 11/17/2017)

1 Proposed Order

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2 Certificate of Concurrence

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Nov. 17, 2017

Nov. 17, 2017

PACER
37

ORDER granting 36 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Susan E. Schwab on 11/20/2017 (ktt) (Main Document 37 replaced on 11/20/2017) (ktt). (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
38

BRIEF IN OPPOSITION re 23 MOTION to Dismiss or in the alternative MOTION for Summary Judgment filed by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary. (Attachments: # 1 Exhibit A, # 2 Unpublished Opinion(s))(Metz, Kevin) (Entered: 11/24/2017)

1 Exhibit A

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2 Unpublished Opinion(s)

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Nov. 24, 2017

Nov. 24, 2017

PACER
39

STATEMENT OF FACTS re 38 Brief in Opposition to Motion for Summary Judgment, filed by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary.(Metz, Kevin) (Entered: 11/24/2017)

Nov. 24, 2017

Nov. 24, 2017

PACER
40

ORDER - IT IS HEREBY ORDERED that a telephonic conference is scheduled for December 7, 2017, at 10:00 a.m., to discuss the status of pending motions. Counsel for the plaintiffs shall initiate the call. Signed by Chief Magistrate Judge Susan E. Schwab on November 27, 2017. (kjn) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

PACER
41

Unopposed MOTION for Extension of Time to File Brief (Reply Brief MTD or alter, MSJ filed by David J. Ebbert, Thomas R. Kane, The Federal Bureau of Prisons. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Judge, Timothy) (Entered: 12/06/2017)

1 Proposed Order

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2 Certificate of Concurrence

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Dec. 6, 2017

Dec. 6, 2017

PACER
43

ORDER granting 41 Motion for Extension of Time to File Response/Reply. Reply Brief due by 12/22/2017. Signed by Magistrate Judge Susan E. Schwab on 12/7/2017 (ktt) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
44

ORDER granting 24 Motion to Stay. IT IS ORDERED that defendants' motion to stay (doc. 24) IS GRANTED. Plaintiffs pending motion to certify class (doc. 14) is STAYED pending the disposition of the pending motion to dismiss or, in the alternative motion for summary judgement. Signed by Magistrate Judge Susan E. Schwab on 12/7/2017 (ktt) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
45

MOTION for Protective Order to Stay Discovery by David J. Ebbert, Thomas R. Kane, The Federal Bureau of Prisons. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence)(Judge, Timothy) (Entered: 12/21/2017)

1 Proposed Order

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2 Certificate of Nonconcurrence

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Dec. 21, 2017

Dec. 21, 2017

PACER
46

BRIEF IN SUPPORT re 45 MOTION for Protective Order to Stay Discovery filed by David J. Ebbert, Thomas R. Kane, The Federal Bureau of Prisons.(Judge, Timothy) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
47

EXHIBIT 1 by David J. Ebbert, Thomas R. Kane, The Federal Bureau of Prisons re 46 Brief in Support. (Judge, Timothy) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

PACER
48

REPLY BRIEF re 23 MOTION to Dismiss or in the alternative MOTION for Summary Judgment filed by David J. Ebbert, Thomas R. Kane, The Federal Bureau of Prisons. (Attachments: # 1 Certificate of Compliance with Word Count)(Judge, Timothy) (Entered: 12/22/2017)

1 Certificate of Compliance with Word Count

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Dec. 22, 2017

Dec. 22, 2017

PACER
49

BRIEF IN OPPOSITION re 45 MOTION for Protective Order to Stay Discovery filed by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary. (Attachments: # 1 Appendix of Unpublished Authority)(Metz, Kevin) (Entered: 01/04/2018)

1 Appendix of Unpublished Authority

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Jan. 4, 2018

Jan. 4, 2018

PACER
50

REPLY BRIEF re 45 MOTION for Protective Order to Stay Discovery filed by David J. Ebbert, Thomas R. Kane, The Federal Bureau of Prisons.(Judge, Timothy) (Entered: 01/18/2018)

Jan. 18, 2018

Jan. 18, 2018

PACER
51

NOTICE of Appearance by James Davy on behalf of All Plaintiffs (Davy, James) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
52

MOTION to File Document Under Seal filed by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary.(ve) (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER
53

DOCUMENT(S) PENDING SEALING DECISION (Attachments: # 1 Declaration, # 2 Proposed Order) (ve) (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER
54

APPENDIX OF UNPUBLISHED AUTHORITY filed by Joseph R. Coppola. (Attachments: # 1 Part 2)(pjr) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
55

BRIEF IN OPPOSITION re 52 MOTION to File Document Under Seal filed by David J. Ebbert, Thomas R. Kane, The Federal Bureau of Prisons.(Judge, Timothy) (Entered: 04/17/2018)

April 17, 2018

April 17, 2018

PACER
56

REPLY BRIEF re 52 MOTION to File Document Under Seal filed by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary. (Attachments: # 1 Declaration, # 2 Appendix of Unpublished Authority)(Metz, Kevin) (Entered: 05/01/2018)

1 Declaration

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2 Appendix of Unpublished Authority

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May 1, 2018

May 1, 2018

PACER
57

ORDER denying 52 Motion to Seal Document 53 DOCUMENT(S) PENDING SEALING DECISION. Based upon the foregoing, the Court concludes that the Plaintiffs have not overcome the presumption that favors the public right of access to judicial records. Thus, IT IS HEREBY ORDERED that the Plaintiffs' motion to seal (doc. 52) is DENIED without prejudice. Signed by Magistrate Judge Susan E. Schwab on 5/31/2018 (ktt) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER
58

REPORT AND RECOMMENDATIONS re 23 MOTION to Dismiss or in the alternative MOTION for Summary Judgment filed by David J. Ebbert, The Federal Bureau of Prisons, Thomas R. Kane, 45 MOTION for Protective Order to Stay Discovery filed by David J. Ebbert, The Federal Bureau of Prisons, Thomas R. Kane. Objections to R&R due by 7/5/2018Signed by Magistrate Judge Susan E. Schwab on 6/20/2018. (ktt) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

PACER
59

OBJECTION to 58 Report and Recommendations by David J. Ebbert, Mark S. Inch, The Federal Bureau of Prisons. (Judge, Timothy) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
60

BRIEF IN SUPPORT re 58 REPORT AND RECOMMENDATIONS re 23 MOTION to Dismiss or in the alternative MOTION for Summary Judgment filed by David J. Ebbert, The Federal Bureau of Prisons, Thomas R. Kane, 45 MOTION for Protective Order to Stay Discover filed by David J. Ebbert, Mark S. Inch, The Federal Bureau of Prisons.(Judge, Timothy) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
61

OBJECTION to 58 Report and Recommendations . (Metz, Kevin) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

PACER
62

RESPONSE by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary to 59 Objection to Report and Recommendations . (Metz, Kevin) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER
63

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Lyndsay A. Niles on behalf of Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary Attorney Lyndsay Niles is seeking special admission.. (Niles, Lyndsay) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER

DOCKET ANNOTATION: Counsel is advised to file a Code of Professional Conduct Form for Doc. 63. Form must be signed. Do no refile the Petition. (dmn)

July 17, 2018

July 17, 2018

PACER
64

CODE OF PROFESSIONAL CONDUCT by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary. 63 Petition for Special Admission - Pro Hac Vice . (Niles, Lyndsay) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER

DOCKET ANNOTATION: Petitioner Lyndsay Niles and Associate Counsel Alexandra Morgan-Kurtz - bar status verified. (dmn)

July 18, 2018

July 18, 2018

PACER
65

SPECIAL ADMISSIONS FORM APPROVED as to Lyndsay Niles.Signed by Honorable Yvette Kane on 7/23/18. (dmn) (Entered: 07/23/2018)

July 23, 2018

July 23, 2018

PACER
66

Letter from All Parties Requesting a Telephonic Conference. (Metz, Kevin) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

PACER
67

SCHEDULING ORDER: Telephone Status Conference set for 9/24/2018 at 3:00 PM before Magistrate Judge Susan E. Schwab. Signed by Magistrate Judge Susan E. Schwab on 9/14/2018. (ktt) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
69

Unopposed MOTION to Withdraw 59 Objection to Report and Recommendations by David J. Ebbert, Mark S. Inch, The Federal Bureau of Prisons. (Attachments: # 1 Stipulation, # 2 Certificate of Concurrence, # 3 Proposed Order)(Judge, Timothy) (Entered: 09/28/2018)

1 Stipulation

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2 Certificate of Concurrence

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3 Proposed Order

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Sept. 28, 2018

Sept. 28, 2018

PACER
70

Unopposed MOTION to Withdraw 61 Objection to Report and Recommendations by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary. (Attachments: # 1 Exhibit A - Joint Stipulation, # 2 Certificate of Concurrence, # 3 Proposed Order)(Metz, Kevin) (Entered: 09/28/2018)

1 Exhibit A - Joint Stipulation

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2 Certificate of Concurrence

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3 Proposed Order

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Sept. 28, 2018

Sept. 28, 2018

PACER
71

Letter from Kevin Metz Regarding Protective Order. (Metz, Kevin) (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

RECAP
72

Letter from Timothy S. Judge . (Judge, Timothy) (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

RECAP
73

CASE MANAGEMENT PLAN (Joint) by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary. (Metz, Kevin) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

PACER
74

ORDER - IT IS ORDERED THAT: 1. Defendants unopposed motion to withdraw Defendants objections to the Report and Recommendation (Doc. No. 69), is GRANTED; 2. Defendants objections to the Report and Recommendation (Doc. No. 59), are deemed WITHDRAWN; 3. Plaintiffs unopposed motion to withdraw Plaintiffs objections to the Report and Recommendation (Doc. No. 70), is GRANTED; 4. Plaintiffs objections to the Report and Recommendation (Doc. No. 61), are deemed WITHDRAWN; 5. The Report and Recommendation (Doc. No. 58), of Chief Magistrate Judge Schwab is ADOPTED as follows: (a) The Report and Recommendation is ADOPTED insofar as it recommends denial of Defendants motion to dismiss, or in the alternative, motion for summary judgment (Doc. No. 23), and denial of Defendants motion to stay discovery (Doc. No. 45); (b) Defendants motion to dismiss or, in the alternative, motion for summary judgment (Doc. No. 23), is DENIED; (c) Defendants motion to stay discovery (Doc. No. 45), is DENIED as moot; and 6. The above-captioned action is RECOMMITTED to Chief Magistrate Judge Schwab for further pretrial management. Signed by Honorable Yvette Kane on 10/26/2018 (ve) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
75

ANSWER to 1 Complaint by David J. Ebbert, Mark S. Inch, The Federal Bureau of Prisons.(Judge, Timothy) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER
76

PROTECTIVE ORDER - Accordingly, IT IS ORDERED AS FOLLOWS:(1) The plaintiffs' motion for a protective order is GRANTED. (2) The plaintiffs' proposed protective order (doc. 71 at 4-13) is ADOPTED. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Susan E. Schwab on 11/27/2018. (ktt) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

RECAP
77

SCHEDULING ORDER: Case Management Conference set for 1/10/2019 at 10:15 AM before Magistrate Judge Susan E. Schwab. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Susan E. Schwab on 11/29/2018. (ktt) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

PACER
78

CASE MANAGEMENT PLAN (Joint) by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary. (Attachments: # 1 Protective Order)(Metz, Kevin) (Entered: 12/21/2018)

1 Protective Order

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Dec. 21, 2018

Dec. 21, 2018

PACER
79

ORDER - IT IS ORDERED that the telephonic case management conference scheduled for January 10, 2019 is CANCELED. The case management conference will be rescheduled once the lapse in appropriations concludes. Signed by Magistrate Judge Susan E. Schwab on 1/9/2019. (ktt) (Entered: 01/09/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER
80

SCHEDULING ORDER: Case Management Conference reset for 2/20/2019 at 11:00 AM before Magistrate Judge Susan E. Schwab. Signed by Magistrate Judge Susan E. Schwab on 2/6/2019. (ktt) (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

PACER
81

MOTION to Withdraw as Attorney by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary.(Davy, James) (Additional attachment(s) added on 2/15/2019: # 1 Proposed Order) (rw). (Entered: 02/15/2019)

1 Proposed Order

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Feb. 15, 2019

Feb. 15, 2019

PACER
82

ORDER granting 81 Motion to Withdraw as Attorney. Attorney James Davy terminated. Signed by Magistrate Judge Susan E. Schwab on 2/19/2019 (ktt) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
84

CASE MANAGEMENT ORDER - The following case management order is entered in this matter. Close of Fact Discovery due by 10/28/2019. Plaintiff Expert Report is due by 11/27/2019. Defendant Expert Report is due by 1/13/2020. Expert Discovery Deadline is due by 3/13/2020. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Susan E. Schwab on 2/22/2019. (ktt) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER

Set Hearings: Telephone Status Conference set for 10/3/2019 at 10:00 AM before Magistrate Judge Susan E. Schwab. (ktt)

Feb. 22, 2019

Feb. 22, 2019

PACER
85

ORDER - Pursuant to the telephonic case management conference held on February 20, 2019, IT IS ORDERED that plaintiffs' pending motion to certify class 14 isDENIED without prejudice. IT IS FURTHER ORDERED that the following briefing schedule is entered in regard to plaintiffs' motion to certify class. Signed by Magistrate Judge Susan E. Schwab on 2/22/2019. (ktt) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
86

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Drew R Wisniewski on behalf of Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary Attorney Drew Wisniewski is seeking special admission. Filing fee $ 50, receipt number 0314-4727222.. (Wisniewski, Drew) (Entered: 04/09/2019)

April 9, 2019

April 9, 2019

PACER

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

April 10, 2019

April 10, 2019

PACER
87

SPECIAL ADMISSIONS FORM APPROVED as to Drew R. Wisniewski. Signed by Magistrate Judge Susan E. Schwab on 4/10/2019. (ktt) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

PACER
88

MOTION to Withdraw as Attorney by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary. (Attachments: # 1 Proposed Order)(Palmer-Ball, Katherine) (Entered: 04/11/2019)

1 Proposed Order

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April 11, 2019

April 11, 2019

PACER
89

ORDER granting 88 Motion to Withdraw as Attorney. Attorney Katherine B Palmer-Ball terminated. Signed by Magistrate Judge Susan E. Schwab on 4/29/2019 (ktt) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

PACER
91

First MOTION to Withdraw as Attorney Philip Fornaci by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary.(Fornaci, Philip) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER

DOCKET ANNOTATION: Per attorney Philip Fornaci's request - docket entry #90 deleted. Filed in error. (ktt)

June 19, 2019

June 19, 2019

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 9, 2017

Closing Date: March 24, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who were, as of the filing date of the complaint in this case, or are now, or will be in the future, confined to the custody of the United States Bureau of Prisons in the United States Penitentiary Lewisburg and suffer from a Serious Mental Illness or a Mental Illness, requiring treatment under one or more of the BOP’s CARE levels

Attorney Organizations:

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

United States of America, Federal

U.S. Penitentiary at Lewisburg (Lewisburg, Greene), Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Conditions of confinement

Counseling

Disciplinary procedures

Solitary confinement/Supermax (conditions or process)

Suicide prevention

Totality of conditions

Medical/Mental Health:

Mental health care, general

Self-injurious behaviors

Suicide prevention

Type of Facility:

Government-run