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 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 attorneys, see: https://www.courtlistener.com/docket/6294852/parties/mccreary-v-the-federal-bureau-of-prisons/

Judge(s)

Attorney for Plaintiff

Boynton, Marissa R. (District of Columbia)

Davy, James (Pennsylvania)

Davy, Jim (Pennsylvania)

Ernst, Amy B. (Pennsylvania)

Fornaci, Phillip Jerome (District of Columbia)

Attorney for Defendant

Judge(s)

Kane, Yvette (Pennsylvania)

Schwab, Susan (Pennsylvania)

Wilson, Jennifer Philpott (Pennsylvania)

Attorney for Plaintiff

Boynton, Marissa R. (District of Columbia)

Davy, James (Pennsylvania)

Davy, Jim (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)

Attorney for Defendant

Judge, Timothy (Pennsylvania)

Thiel, G. (Pennsylvania)

Thiel, George Michael (Pennsylvania)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Federal Prisoners Sue Over Unconstitutional Isolation Practices Washington Lawyers' Committee for Civil Rights and Urban Affairs	The DC Prisoners’ Project of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs filed a class action lawsuit today alleging that the Federal Bureau of Prisons has systematically mis…	June 9, 2017	June 9, 2017 https://www.washlaw.org/...

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Docket

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

Last updated June 2, 2026, 12:14 a.m.

Docket for: McCreary v. The Federal Bureau of Prisons

ECF Number	Date	Description	Link
	June 9, 2017	SPECIAL ADMISSION FORM SENT to Attorney(s) Metz. Fornaci, Boynton electronically. (ve) (Entered: 06/09/2017)	PACER
1	June 9, 2017	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 View on PACER 2 Exhibit(s) View on PACER	RECAP
2	June 9, 2017	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 View on PACER	RECAP
	June 9, 2017	Special Admission Form Sent
	June 9, 2017	SPECIAL ADMISSION FORM SENT to Attorney(s) Metz. Fornaci, Boynton electronically. (ve)
3	June 12, 2017	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)	RECAP
4	June 12, 2017	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)	RECAP
5	June 12, 2017	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)	RECAP
	June 14, 2017	DOCKET ANNOTATION: Petitioner(s) Boynton, Fornaci and Metz & Associate Counsel Morgan−Kurtz− Bar Status Verified. (ve) (Entered: 06/14/2017)	PACER
	June 14, 2017	Docket Annotation
	June 14, 2017	DOCKET ANNOTATION: Petitioner(s) Boynton, Fornaci and Metz & Associate Counsel Morgan-Kurtz- Bar Status Verified. (ve)
6	June 15, 2017	SPECIAL ADMISSIONS FORM APPROVED as to Kevin H. Metz, Esquire. Signed by Honorable Yvette Kane on 6/15/17. (rw) (Entered: 06/15/2017)	RECAP
7	June 15, 2017	SPECIAL ADMISSIONS FORM APPROVED as to Phillip Fornaci, Esquire. Signed by Honorable Yvette Kane on 6/15/17. (rw) (Entered: 06/15/2017)	RECAP
8	June 15, 2017	SPECIAL ADMISSIONS FORM APPROVED as to Marissa R. Boynton, Esquire. Signed by Honorable Yvette Kane on 6/15/17. (rw) (Entered: 06/15/2017)	RECAP
9	July 14, 2017	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)	RECAP
10	July 14, 2017	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)	RECAP
11	July 14, 2017	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)	RECAP
12	July 14, 2017	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)	RECAP
13	July 14, 2017	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)	RECAP
14	Aug. 11, 2017	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 View on PACER	RECAP
15	Aug. 17, 2017	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 View on PACER	RECAP
	Aug. 18, 2017	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) (Entered: 08/18/2017)	PACER
16	Aug. 18, 2017	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)	RECAP
	Aug. 18, 2017	Docket Annotation
	Aug. 18, 2017	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)
17	Aug. 21, 2017	CODE OF PROFESSIONAL CONDUCT by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary. . (Palmer-Ball, Katherine) (Entered: 08/21/2017)	RECAP
18	Aug. 21, 2017	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)	RECAP
	Aug. 22, 2017	DOCKET ANNOTATION: Petitioner Palmer−Ball & Associate Counsel Morgan−Kurtz: Bar Status Verified. (ve) (Entered: 08/22/2017)	PACER
	Aug. 22, 2017	Docket Annotation
	Aug. 22, 2017	DOCKET ANNOTATION: Petitioner Palmer-Ball & Associate Counsel Morgan-Kurtz: Bar Status Verified. (ve)
19	Aug. 23, 2017	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 View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Unpublished Opinion(s) View on PACER	RECAP
20	Aug. 25, 2017	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)	RECAP
21	Aug. 31, 2017	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 View on PACER 2 Certificate of Concurrence View on PACER	RECAP
22	Sept. 5, 2017	ORDER granting 21 Motion to Extend Time. Signed by Magistrate Judge Susan E. Schwab on 9/5/2017 (ktt) (Entered: 09/05/2017)	RECAP
23	Oct. 2, 2017	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 View on PACER 2 Certificate of Nonconcurrence View on PACER	RECAP
24	Oct. 6, 2017	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 View on PACER 2 Certificate of Nonconcurrence View on PACER	RECAP
25	Oct. 6, 2017	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)	RECAP
26	Oct. 12, 2017	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 View on PACER 2 Certificate of Concurrence View on PACER	RECAP
27	Oct. 13, 2017	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)	RECAP
28	Oct. 16, 2017	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) View on PACER	RECAP
29	Oct. 16, 2017	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)	RECAP
30	Oct. 16, 2017	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 View on PACER	RECAP
31	Oct. 16, 2017	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 View on PACER 2 Exhibit(s) 3 - Redacted 2 of 3 View on PACER 3 Exhibit(s) 3 - Redacted 3 of 3 View on PACER	RECAP
32	Oct. 20, 2017	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 View on PACER	RECAP
33	Oct. 20, 2017	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 View on PACER	RECAP
34	Oct. 24, 2017	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)	RECAP
35	Nov. 3, 2017	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)	RECAP
36	Nov. 17, 2017	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 View on PACER 2 Certificate of Concurrence View on PACER	RECAP
37	Nov. 20, 2017	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)	RECAP
38	Nov. 24, 2017	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 View on PACER 2 Unpublished Opinion(s) View on PACER	RECAP
39	Nov. 24, 2017	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)	RECAP
40	Nov. 27, 2017	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)	RECAP
41	Dec. 6, 2017	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 View on PACER 2 Certificate of Concurrence View on PACER	RECAP
43	Dec. 7, 2017	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)	RECAP
44	Dec. 7, 2017	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)	RECAP
45	Dec. 21, 2017	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 View on PACER 2 Certificate of Nonconcurrence View on PACER	RECAP
46	Dec. 21, 2017	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)	RECAP
47	Dec. 22, 2017	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)	RECAP
48	Dec. 22, 2017	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 View on PACER	RECAP
49	Jan. 4, 2018	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 View on PACER	RECAP
50	Jan. 18, 2018	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)	RECAP
51	Feb. 7, 2018	NOTICE of Appearance by James Davy on behalf of All Plaintiffs (Davy, James) (Entered: 02/07/2018)	RECAP
52	April 3, 2018	MOTION to File Document Under Seal filed by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary.(ve) (Entered: 04/03/2018)	RECAP
53	April 3, 2018	DOCUMENT(S) PENDING SEALING DECISION (Attachments: # 1 Declaration, # 2 Proposed Order) (ve) (Entered: 04/03/2018)	RECAP
54	April 9, 2018	APPENDIX OF UNPUBLISHED AUTHORITY filed by Joseph R. Coppola. (Attachments: # 1 Part 2)(pjr) (Entered: 04/09/2018)	RECAP
55	April 17, 2018	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)	RECAP
56	May 1, 2018	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 View on PACER 2 Appendix of Unpublished Authority View on PACER	RECAP
57	May 31, 2018	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)	RECAP
58	June 20, 2018	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)	RECAP
59	July 3, 2018	OBJECTION to 58 Report and Recommendations by David J. Ebbert, Mark S. Inch, The Federal Bureau of Prisons. (Judge, Timothy) (Entered: 07/03/2018)	RECAP
60	July 3, 2018	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)	RECAP
61	July 5, 2018	OBJECTION to 58 Report and Recommendations . (Metz, Kevin) (Entered: 07/05/2018)	RECAP
	July 17, 2018	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) (Entered: 07/17/2018)	PACER
62	July 17, 2018	RESPONSE by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary to 59 Objection to Report and Recommendations . (Metz, Kevin) (Entered: 07/17/2018)	RECAP
63	July 17, 2018	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)	RECAP
64	July 17, 2018	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)	RECAP
	July 17, 2018	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 18, 2018	DOCKET ANNOTATION: Petitioner Lyndsay Niles and Associate Counsel Alexandra Morgan−Kurtz − bar status verified. (dmn) (Entered: 07/18/2018)	PACER
	July 18, 2018	DOCKET ANNOTATION: Petitioner Lyndsay Niles and Associate Counsel Alexandra Morgan-Kurtz - bar status verified. (dmn)
65	July 23, 2018	SPECIAL ADMISSIONS FORM APPROVED as to Lyndsay Niles.Signed by Honorable Yvette Kane on 7/23/18. (dmn) (Entered: 07/23/2018)	RECAP
66	Sept. 5, 2018	Letter from All Parties Requesting a Telephonic Conference. (Metz, Kevin) (Entered: 09/05/2018)	RECAP
67	Sept. 14, 2018	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)	RECAP
69	Sept. 28, 2018	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 View on PACER 2 Certificate of Concurrence View on PACER 3 Proposed Order View on PACER	RECAP
70	Sept. 28, 2018	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 View on PACER 2 Certificate of Concurrence View on PACER 3 Proposed Order View on PACER	RECAP
71	Oct. 3, 2018	Letter from Kevin Metz Regarding Protective Order. (Metz, Kevin) (Entered: 10/03/2018)	RECAP
72	Oct. 3, 2018	Letter from Timothy S. Judge . (Judge, Timothy) (Entered: 10/03/2018)	RECAP
73	Oct. 22, 2018	CASE MANAGEMENT PLAN (Joint) by Richard C. Anamanya, Joseph R. Coppola, Jusamuel Rodriguez McCreary. (Metz, Kevin) (Entered: 10/22/2018)	RECAP
74	Oct. 26, 2018	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)	RECAP
75	Nov. 9, 2018	ANSWER to 1 Complaint by David J. Ebbert, Mark S. Inch, The Federal Bureau of Prisons.(Judge, Timothy) (Entered: 11/09/2018)	RECAP
76	Nov. 27, 2018	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)	RECAP
77	Nov. 29, 2018	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)	RECAP
78	Dec. 21, 2018	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 View on PACER	RECAP
79	Jan. 9, 2019	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)	RECAP
80	Feb. 6, 2019	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)	RECAP
81	Feb. 15, 2019	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 View on PACER	RECAP
82	Feb. 19, 2019	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)	RECAP
	Feb. 22, 2019	Set Hearings: Telephone Status Conference set for 10/3/2019 at 10:00 AM before Magistrate Judge Susan E. Schwab. (ktt) (Entered: 02/22/2019)	PACER
84	Feb. 22, 2019	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)	RECAP
85	Feb. 22, 2019	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)	RECAP
	Feb. 22, 2019	Set Hearings: Telephone Status Conference set for 10/3/2019 at 10:00 AM before Magistrate Judge Susan E. Schwab. (ktt)

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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

Federal

U.S. Penitentiary at Lewisburg

United States of America

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Middle District of Pennsylvania 1:17-cv-01011

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General/Misc.:

Conditions of confinement

Counseling

Disciplinary procedures

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Solitary confinement/Supermax (conditions or process)

Suicide prevention (facilities)

Medical/Mental Health Care:

Mental health care, general

Self-injurious behaviors

Suicide prevention

Recommended Citation

Case Summary of McCreary v. Federal Bureau of Prisons, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/15886/ (last updated 4/10/2021).