Case: Reid v. Wetzel

1:18-cv-00176 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: Jan. 25, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 25, 2018, five Pennsylvania prisoners who had been sentenced to death filed this putative class action lawsuit in the U.S. District Court for the Middle District of Pennsylvania against the Pennsylvania Department of Corrections (DOC). Represented by the Abolitionist Law Center, the ACLU National Prison Project, and the ACLU of Pennsylvania, the plaintiffs sought declaratory and injunctive relief along with attorneys’ fees and costs under 42 U.S.C. § 1983. The plaintiffs challenged t…

On January 25, 2018, five Pennsylvania prisoners who had been sentenced to death filed this putative class action lawsuit in the U.S. District Court for the Middle District of Pennsylvania against the Pennsylvania Department of Corrections (DOC). Represented by the Abolitionist Law Center, the ACLU National Prison Project, and the ACLU of Pennsylvania, the plaintiffs sought declaratory and injunctive relief along with attorneys’ fees and costs under 42 U.S.C. § 1983. The plaintiffs challenged the DOC's practice of automatically placing all prisoners who were sentenced to death into solitary confinement merely because they had been sentenced to death and claimed that this violated their Eighth Amendment right to be free from cruel and unusual punishment and their Fourteenth Amendment right to due process.

The plaintiffs alleged that conditions in solitary confinement meant that prisoners spent 22-24 hours a day inside an 8’-by-12’ cell. Unlike other prisoners, this placement in solitary was not triggered by violations of prison rules or a need for protective custody, and there was no procedure for prisoners to challenge placement in solitary. Nearly 80 percent of these prisoners had spent more than a decade in this form of solitary confinement.

The plaintiffs sought a permanent injunction enjoining the defendants from automatically placing all prisoners who had been sentenced to death in indefinite solitary confinement with no opportunity for review. The plaintiffs also sought a permanent injunction requiring the defendant to present a plan that provides for individual assessment of prisoners who had been sentenced to death based on a validated risk assessment.

The case was assigned to Judge John E. Jones III. On March 29, 2018, the plaintiffs filed an unopposed motion to certify a class and appoint class counsel. The plaintiffs defined the proposed class as “all current and future death-sentenced prisoners in the Commonwealth of Pennsylvania.” On April 3, 2018, Judge Jones granted the unopposed motion.

The parties spent the next several months pursuing discovery. The defendants attempted to compel mental health examinations of the plaintiffs but ultimately withdrew the motions.

On November 18, 2019, the parties submitted a joint motion for settlement. The settlement provided that the department of corrections would still house prisoners who had been sentenced to death in specific prisons, but that they would offer to these prisoners rights and privileges offered to prisoners in other state facilities, including:

  • At least 42.5 hours out-of-cell activity every week, including yard and outdoor time, law library time, meal time, treatment or counseling meetings, religious worship, work assignment, and visitation;
  • Permission to use the phone on a daily basis for at least 15 minutes per usage;
  • Incarcerated people will not be subjected to strip-searches, shackling, or other restraints, unless security measures are required in response to a temporary, emergent situation;
  • Contact visits with family, lawyers, and religious advisors; and
  • Resocialization assistance for individuals psychologically damaged by long periods in solitary confinement to help them in the transition to living in a general population setting, as well and physical and mental health baseline evaluations due to years of neglect.
The agreement was set to last for 3 years, with provisions for shortening or lengthening the term by one year, based on compliance or noncompliance. The court was to maintain jurisdiction during that period, for enforcement of the agreement. The parties agreed the agreement was compliant with the Prison Litigation Reform Act's constraints on entry of enforceable relief, and that they would not seek to terminate the case except based on substantial compliance, for a period of four years.

The court preliminarily approved the settlement on November 20, 2019, and it directed the parties to distribute notice to class members by December 4.

The court received several objections to the interim settlement agreement after class notification and conducted a fairness hearing on March 16, 2020. Judge Jones issued a memorandum and final order approving the final settlement agreement on April 9, 2020, noting that most of the objections concerned implementation of the settlement rather than substantive or procedural aspects of it.

One class member filed a pro se motion to extend time to launch an appeal on May 18, 2020. The court accepted the motion, but no appeal has yet been filed. If no appeal is filed, the case will be considered closed.

Summary Authors

Jake Parker (5/25/2018)

Elizabeth Helpling (11/19/2019)

Ellen Aldin (5/20/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13465674/parties/reid-v-wetzel/


Judge(s)

Jones, John E. III (Pennsylvania)

Attorneys(s) for Plaintiff

Baylson, Mira (Pennsylvania)

Brown, Wilson M. III (Pennsylvania)

Fathi, David Cyrus (District of Columbia)

Feinberg, Jonathan H. (Pennsylvania)

Fettig, Amy (District of Columbia)

Gross, Barry (Pennsylvania)

Grote, Bret D. (Pennsylvania)

Lin, Susan M. (Pennsylvania)

Morgan, Jamelia N. (Pennsylvania)

Judge(s)

Jones, John E. III (Pennsylvania)

Attorneys(s) for Plaintiff

Baylson, Mira (Pennsylvania)

Brown, Wilson M. III (Pennsylvania)

Fathi, David Cyrus (District of Columbia)

Feinberg, Jonathan H. (Pennsylvania)

Fettig, Amy (District of Columbia)

Gross, Barry (Pennsylvania)

Grote, Bret D. (Pennsylvania)

Lin, Susan M. (Pennsylvania)

Morgan, Jamelia N. (Pennsylvania)

Sholes, Desiree H. (District of Columbia)

Taticchi, Mark (Pennsylvania)

Walczak, Witold J. (Pennsylvania)

Attorneys(s) for Defendant

DeFelice, Chase M. (Pennsylvania)

Fulginiti, Joseph (Pennsylvania)

Holmes, Timothy A. (Pennsylvania)

Macus, Maria G (Pennsylvania)

Perez, Theron (Pennsylvania)

Documents in the Clearinghouse

Document

1:18-cv-00176

Docket [PACER]

Nov. 20, 2019

Nov. 20, 2019

Docket
1

1:18-cv-00176

Class Action Complaint for Declaratory and Injunctive Relief

Jan. 25, 2018

Jan. 25, 2018

Complaint
29

1:18-cv-00176

Order Granting Class Certification and Appointment of Class Counsel

April 3, 2018

April 3, 2018

Order/Opinion

1:18-cv-00176

Settlement Agreement [with Exhibits]

Nov. 12, 2019

Nov. 12, 2019

Settlement Agreement
144

1:18-cv-00176

Memorandum and Order

April 9, 2020

April 9, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13465674/reid-v-wetzel/

Last updated May 20, 2022, 4:46 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $400, Receipt Number 0314-43116605), filed by Mark Newton Spotz, Anthony Reid, Jeremy Cox, Ronald Gibson, Ricardo Natividad. (Attachments: # 1 Civil Cover Sheet)(lh) (Entered: 01/25/2018)

1 Civil Cover Sheet

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Jan. 25, 2018

Jan. 25, 2018

RECAP
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). (lh) (Additional attachment(s) added on 1/25/2018: # 1 Summons packet) (lh). (Entered: 01/25/2018)

1 Summons packet

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Jan. 25, 2018

Jan. 25, 2018

PACER

SPECIAL ADMISSION FORM and ECF REGISTRATION FORM mailed to Attorney Sholes, Attorney Fettig, Attorney Fathi, Attorney Morgan, Attorney Brown, Attorney Gross, Attorney Baylson and Attorney Taticci. (lg)

Jan. 29, 2018

Jan. 29, 2018

PACER

Special Admission Form Sent

Jan. 29, 2018

Jan. 29, 2018

PACER
3

NOTICE of Appearance by Chase M. DeFelice on behalf of Robert D. Gilmore, Cynthia Link, John Wetzel (DeFelice, Chase) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

PACER
4

SCHEDULING ORDER: Case Management Conference set for 3/29/2018 02:30 PM before Honorable John E. Jones III. See attached court calendar which dates must be utilized in the JCMP. (eo) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
5

NOTICE of Appearance by Maria G. Macus on behalf of Robert D. Gilmore, Cynthia Link, John Wetzel (Macus, Maria) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER

Docket Annotation

Feb. 6, 2018

Feb. 6, 2018

PACER
6

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Witold J. Walczak on behalf of All Plaintiffs Attorney Amy Fettig is seeking special admission. Filing fee $ 50, receipt number 0314-4328846., filed by on behalf of All Plaintiffs.(Walczak, Witold) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
7

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Witold J. Walczak on behalf of All Plaintiffs Attorney David Fathi is seeking special admission. Filing fee $ 50, receipt number 0314-4328863., filed by on behalf of All Plaintiffs.(Walczak, Witold) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
8

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Witold J. Walczak on behalf of All Plaintiffs Attorney Desiree Hart Sholes is seeking special admission. Filing fee $ 50, receipt number 0314-4328872., filed by on behalf of All Plaintiffs.(Walczak, Witold) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER

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

Feb. 6, 2018

Feb. 6, 2018

PACER
9

SPECIAL ADMISSIONS FORMS APPROVED as to Amy Fettig, David Cyrus Fathi and Desiree Hart Sholes (eo) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
10

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Bret D. Grote on behalf of All Plaintiffs Attorney Jamelia Morgan is seeking special admission. Filing fee $ 50, receipt number 0314-4330578., filed by on behalf of All Plaintiffs.(Grote, Bret) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER

Docket Annotation

Feb. 7, 2018

Feb. 7, 2018

PACER

DOCKET ANNOTATION: Petitioner Jamelia Morgan & Associate Counsel Bret Grote - Bar Status Verified. (ve)

Feb. 7, 2018

Feb. 7, 2018

PACER
11

NOTICE of Appearance by Joseph G. Fulginiti on behalf of All Defendants (Fulginiti, Joseph) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
12

SPECIAL ADMISSIONS FORM APPROVED as to Jamelia Morgan (eo) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
13

MOTION for Extension of Time to File Answer re 1 Complaint by Robert D. Gilmore, Cynthia Link, John Wetzel. (Attachments: # 1 Proposed Order)(Fulginiti, Joseph) (Entered: 02/09/2018)

1 Proposed Order

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Feb. 9, 2018

Feb. 9, 2018

PACER
14

ORDER granting 13 Motion for Extension of Time to Answer (eo) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
15

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Wilson M. Brown, III on behalf of Jeremy Cox, Ronald Gibson, Ricardo Natividad, Anthony Reid, Mark Newton Spotz Attorney Wilson M. Brown is seeking special admission. Filing fee $ 50, receipt number 0314-4337121.. (Brown, Wilson) (Entered: 02/13/2018)

Feb. 13, 2018

Feb. 13, 2018

PACER
16

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Barry Gross on behalf of Jeremy Cox, Ronald Gibson, Ricardo Natividad, Anthony Reid, Mark Newton Spotz Attorney Barry Gross is seeking special admission. Filing fee $ 50, receipt number 0314-4337142.. (Gross, Barry) (Entered: 02/13/2018)

Feb. 13, 2018

Feb. 13, 2018

PACER
17

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Mira Baylson on behalf of Jeremy Cox, Ronald Gibson, Ricardo Natividad, Anthony Reid, Mark Newton Spotz Attorney Mira E. Baylson is seeking special admission. Filing fee $ 50, receipt number 0314-4337154.. (Baylson, Mira) (Entered: 02/13/2018)

Feb. 13, 2018

Feb. 13, 2018

PACER
18

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Mark Taticchi on behalf of Jeremy Cox, Ronald Gibson, Ricardo Natividad, Anthony Reid, Mark Newton Spotz Attorney Mark D. Taticchi is seeking special admission. Filing fee $ 50, receipt number 0314-4337164.. (Taticchi, Mark) (Entered: 02/13/2018)

Feb. 13, 2018

Feb. 13, 2018

PACER

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

Feb. 14, 2018

Feb. 14, 2018

PACER

Docket Annotation

Feb. 14, 2018

Feb. 14, 2018

PACER
19

SPECIAL ADMISSIONS FORMS APPROVED as to Wilson M. Brown III, Barry Gross, Mira E. Baylson and Mark D. (eo) (Entered: 02/14/2018)

Feb. 14, 2018

Feb. 14, 2018

PACER
20

ANSWER to 1 Complaint by Robert D. Gilmore, Cynthia Link, John Wetzel.(Fulginiti, Joseph) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
21

NOTICE of Appearance by Timothy A. Holmes on behalf of Robert D. Gilmore, Cynthia Link, John Wetzel (Holmes, Timothy) (Entered: 03/19/2018)

March 19, 2018

March 19, 2018

PACER
22

NOTICE of Appearance by Theron R. Perez on behalf of Robert D. Gilmore, Cynthia Link, John Wetzel (Perez, Theron) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
23

CASE MANAGEMENT PLAN (JOINT) by Jeremy Cox, Ronald Gibson, Ricardo Natividad, Anthony Reid, Mark Newton Spotz. (Walczak, Witold) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER
25

ORDER #1- STANDARD CASE MANAGEMENT TRACK Jury Selection set for 7/2/2019 09:30AM before Honorable John E. Jones III. Pretrial Conference set for 6/3/2019 09:00. See order for all deadlines. (eo) Modified on 4/19/2018 (eo). (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
26

Order #2- PRACTICE ORDER (eo) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
27

Unopposed MOTION to Certify Class AND APPOINT CLASS COUNSEL by Jeremy Cox, Ronald Gibson, Ricardo Natividad, Anthony Reid, Mark Newton Spotz. (Attachments: # 1 Proposed Order)(Brown, Wilson) (Entered: 03/29/2018)

1 Proposed Order

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March 29, 2018

March 29, 2018

RECAP
28

MEMORANDUM OF LAW by Jeremy Cox, Ronald Gibson, Ricardo Natividad, Anthony Reid, Mark Newton Spotz re 27 Unopposed MOTION to Certify Class AND APPOINT CLASS COUNSEL . (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Unpublished Opinion(s) Ashker v Governor, # 8 Unpublished Opinion(s) Cole v Livingston, # 9 Unpublished Opinion(s) Colon v Passaic County, # 10 Unpublished Opinion(s) Graham v Parker, # 11 Unpublished Opinion(s) In re OSB Antitrust Litig, # 12 Unpublished Opinion(s) Ingles v City of New York, # 13 Unpublished Opinion(s) McGee v Pallito)(Brown, Wilson) (Entered: 03/29/2018)

1 Exhibit(s) A

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2 Exhibit(s) B

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3 Exhibit(s) C

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4 Exhibit(s) D

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5 Exhibit(s) E

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6 Exhibit(s) F

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7 Unpublished Opinion(s) Ashker v Governor

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8 Unpublished Opinion(s) Cole v Livingston

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9 Unpublished Opinion(s) Colon v Passaic County

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10 Unpublished Opinion(s) Graham v Parker

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11 Unpublished Opinion(s) In re OSB Antitrust Litig

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12 Unpublished Opinion(s) Ingles v City of New York

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13 Unpublished Opinion(s) McGee v Pallito

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March 29, 2018

March 29, 2018

PACER
29

ORDER granting 27 Motion to Certify Class (eo) (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER

Set/Reset Hearings: Jury Selection set for 7/2/2019 09:30AM before Honorable John E. Jones III. (eo)

April 19, 2018

April 19, 2018

PACER

Set/Reset Hearings

April 19, 2018

April 19, 2018

PACER
30

WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Mira Baylson terminated on behalf of Anthony Reid, Ricardo Natividad, Mark Newton Spotz, Ronald Gibson, and Jermont Cox,. (Baylson, Mira) (Entered: 07/26/2018)

July 26, 2018

July 26, 2018

PACER
31

Joint MOTION for Extension of Time to Complete Discovery by Jeremy Cox, Ronald Gibson, Ricardo Natividad, Anthony Reid, Mark Newton Spotz. (Attachments: # 1 Proposed Stipulated Order)(Walczak, Witold) (Entered: 08/27/2018)

1 Proposed Stipulated Order

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Aug. 27, 2018

Aug. 27, 2018

PACER
32

ORDER granting 31 Motion for Extension of Time to Complete Discovery Discovery due by 1/31/2019. (eo) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER
33

Joint MOTION to Reset Trial Date Extend Discovery and Set Status Conference by Jeremy Cox, Ronald Gibson, Ricardo Natividad, Anthony Reid, Mark Newton Spotz. (Attachments: # 1 Proposed Order)(Walczak, Witold) (Entered: 12/04/2018)

1 Proposed Order

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Dec. 4, 2018

Dec. 4, 2018

PACER
34

SCHEDULING ORDER: Telephone Status Conference set for 12/14/2018 09:30 AM before Honorable John E. Jones III. See order for details. (eo) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
35

ORDER -granting 33 Joint MOTION to Reset Trial Date Extend Discovery and Set Status Conference. Discovery deadline: 5/31/2109. Final Pretrial Conference set for 10/1/2019 in Harrisburg before the Honorable John E. Jones III. Jury Selection is set for 11/4/2019 at 9:30 AM in Harrisburg before the Honorable John E. Jones III. Dispositive Motions Deadline: 7/1/2019.Signed by the Honorable John E. Jones, III on December 14, 2018. (kjn) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
36

MOTION to Take Deposition from Ricardo Natividad, Jermont Cox, Mark Spotz, Ronald Gibson, Anthony Reid pursuant to Rule 30 by Robert D. Gilmore, Cynthia Link, John Wetzel. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Fulginiti, Joseph) (Entered: 03/22/2019)

1 Proposed Order

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2 Certificate of Concurrence

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March 22, 2019

March 22, 2019

PACER
37

ORDER granting 36 Motion to Take Deposition from Plaintiff (eo) (Entered: 03/25/2019)

March 25, 2019

March 25, 2019

PACER
38

(Withdrawn) MOTION to Compel Mental Health Examination of Plaintiffs Pursuant to Rule 35(a)(1) by Robert D. Gilmore, Cynthia Link, John Wetzel. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence, # 3 Exhibit(s) Dr. Metzner CV, # 4 Exhibit(s) Dr. Metzner list of cases)(Fulginiti, Joseph) Modified on 4/18/2019 (eo). (Entered: 04/08/2019)

1 Proposed Order

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2 Certificate of Nonconcurrence

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3 Exhibit(s) Dr. Metzner CV

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4 Exhibit(s) Dr. Metzner list of cases

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April 8, 2019

April 8, 2019

PACER
39

BRIEF IN SUPPORT re 38 MOTION to Compel Mental Health Examination of Plaintiffs Pursuant to Rule 35(a)(1) filed by Robert D. Gilmore, Cynthia Link, John Wetzel.(Fulginiti, Joseph) (Entered: 04/08/2019)

April 8, 2019

April 8, 2019

PACER
40

MOTION to Withdraw 38 MOTION to Compel Mental Health Examination of Plaintiffs Pursuant to Rule 35(a)(1) without prejudice to refiling, if necessary by Robert D. Gilmore, Cynthia Link, John Wetzel. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Fulginiti, Joseph) (Entered: 04/17/2019)

1 Proposed Order

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2 Certificate of Concurrence

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April 17, 2019

April 17, 2019

PACER
41

ORDER granting 40 Motion to Withdraw (eo) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
42

Joint MOTION TO MODIFY SCHEDULING ORDER by Jeremy Cox, Ronald Gibson, Ricardo Natividad, Anthony Reid, Mark Newton Spotz. (Attachments: # 1 Proposed Order)(Brown, Wilson) (Entered: 04/24/2019)

1 Proposed Order

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April 24, 2019

April 24, 2019

RECAP
43

SCHEDULING ORDER - IT IS ORDERED that the 42 Joint MOTION TO MODIFY SCHEDULING ORDER is GRANTED as follows: Discovery is now due by 7/15/2019. Trial is RESCHEDULED for 11/4/2019 AT 09:30 AM in Harrisburg before Honorable John E. Jones III.Signed by Honorable John E. Jones, III on 4/24/2019. SEE ORDER. (sc) (Entered: 04/24/2019)

April 24, 2019

April 24, 2019

PACER

Set/Reset Hearings: Jury Selection set for 1/6/2020 09:30AM before Honorable John E. Jones III. Pretrial Conference set for 12/2/2019 (eo)

May 9, 2019

May 9, 2019

PACER

Set/Reset Hearings

May 9, 2019

May 9, 2019

PACER
44

Letter from Joseph Fulginiti and Mark Taticchi regarding status of case. (Fulginiti, Joseph) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

RECAP
45

ORDER The Court has been advised that a settlement in this matter is forthcomingand thereafter, a settlement agreement shall be submitted to the Court for approval.Accordingly, the pretrial conference scheduled for December 2, 2019 isCANCELLED.The parties shall file the appropriate motion for the Courts approval of thesettlement agreement by or before December 31, 2019.(eo) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER
46

Joint MOTION for Settlement [PRELIMINARY APPROVAL OF [CLASS ACTION SETTLEMENT] by Jeremy Cox, Ronald Gibson, Ricardo Natividad, Anthony Reid, Mark Newton Spotz. (Attachments: # 1 Proposed Order, # 2 Exhibit(s) 1, # 3 Exhibit(s) 2)(Brown, Wilson) (Entered: 11/18/2019)

1 Proposed Order

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2 Exhibit(s) 1

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3 Exhibit(s) 2

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Nov. 18, 2019

Nov. 18, 2019

RECAP
47

BRIEF IN SUPPORT re 46 Joint MOTION for Settlement [PRELIMINARY APPROVAL OF [CLASS ACTION SETTLEMENT] filed by Jeremy Cox, Ronald Gibson, Ricardo Natividad, Anthony Reid, Mark Newton Spotz.(Brown, Wilson) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
48

ORDER 1. The Motion for Preliminary Approval of Class Settlement (Doc. 46) isGRANTED and the Settlement Agreement jointly submitted by theparties is preliminarily APPROVED.2. On or before December 4, 2019, the Notice to the Class shall bedistributed to each class member and posted in the Capital Case Units atSCI-Greene and SCI-Phoenix. The Notice shall remain posted until atleast January 13, 2020. Defendants shall ensure that complete copies ofthe Settlement Agreement are available for review in the dayroom/libraryof each Capital Case Unit.3. Written objections to or comments on the Settlement Agreement will beconsidered by the Court at the Fairness Hearing. All objections orcomments must be marked Class Settlement in Reid v. Wetzel, No. 18-cv-176 and sent to the Court at the address below:Clerk of Court, United States District CourtRonald Reagan Federal Building & U.S. Courthouse228 Walnut StreetHarrisburg, Pennsylvania 171014. All objections must be postmarked by January 6, 2020. Once received,comments and objections will be posted to the docket.5. On or before January 21, 2020, briefs relating to the settlement approvalshall be filed.6. A fairness Hearing to address any objections or comments to theproposed Settlement Agreement shall be held on February 12, 2020 at9:30 a.m. in Courtroom #2, Harrisburg Federal Courthouse, 228 WalnutStreet, Harrisburg Pennsylvania.(eo) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

RECAP

Set/Reset Hearings: EFairness Hearing set for 2/12/2020 09:30 AM in Harrisburg - Courtroom 2 before Honorable John E. Jones III. (eo)

Nov. 20, 2019

Nov. 20, 2019

PACER
49

OBJECTIONS to the class settlement filed by Arthur Bomar. (aaa) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

RECAP
50

OBJECTIONS to the Proposed Settlement by Samuel Randolph. (aaa) (Entered: 12/13/2019)

Dec. 13, 2019

Dec. 13, 2019

PACER
51

OBJECTIONS to Class Settlement filed by Sherie Randolph-Dunham. (aaa) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER
52

OBJECTIONS to class settlement filed by Francis Harris. (mfa) (Entered: 12/27/2019)

Dec. 27, 2019

Dec. 27, 2019

PACER
53

OBJECTIONS to Class Settlement filed by Jeremy Cox, Robert Gene Rega, George Ivan Lopez, Harvey Robinson and Sheldon Hannibal. (mfa) (Entered: 12/27/2019)

Dec. 27, 2019

Dec. 27, 2019

PACER
54

OBJECTIONS to Class Settlement filed by Michael B. Singley. (mfa) (Entered: 12/27/2019)

Dec. 27, 2019

Dec. 27, 2019

PACER
55

OBJECTIONS to Class Settlement filed by Jeffrey Martin. (mfa) (Entered: 12/27/2019)

Dec. 27, 2019

Dec. 27, 2019

PACER
56

OBJECTIONS to Class Settlement filed by Alisa Johnson. (mfa) (Entered: 12/27/2019)

Dec. 27, 2019

Dec. 27, 2019

PACER
57

OBJECTIONS to Class Settlement filed by Rich Poplawski. (mfa) (Entered: 12/27/2019)

Dec. 27, 2019

Dec. 27, 2019

PACER
58

MOTION for Writ of Habeas Corpus ad testificandum filed by Rich Poplawski.(mfa) (Entered: 12/27/2019)

Dec. 27, 2019

Dec. 27, 2019

PACER
59

OBJECTION to Proposed Settlement Agreement filed by Richard Boxley. (aaa) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
60

OBJECTION to Proposed Settlement Agreement filed by Jeremy Cox. (aaa) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
61

OBJECTION to Proposed Settlement Agreement filed by George Lopez.. (aaa) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
62

OBJECTION to Proposed Settlement Agreement filed by William Rivera. (aaa) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
63

OBJECTION to Proposed Settlement Agreement filed by Jacob Sullivan. (aaa) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
64

OBJECTION to Proposed Settlement Agreement filed by Landon May. (aaa) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
65

OBJECTION to Proposed Settlement Agreement filed by Paul Taylor. (aaa) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
66

OBJECTION to Proposed Settlement Agreement filed by Henry Falty. (aaa) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
67

OBJECTION to Proposed Settlement Agreement filed by Tedor Davido. (aaa) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
68

OBJECTION to Proposed Settlement Agreement filed by Thomas W. Hawkins. (pjr) Modified on 2/4/2020 (eo). (Entered: 12/31/2019)

Dec. 31, 2019

Dec. 31, 2019

PACER
69

OBJECTION to class settlement filed by Christopher Roney. (aaa) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

RECAP
70

OBJECTIONS to Settlement filed by Junius Burno. (aaa) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

PACER
71

OBJECTION to Settlement filed by Anthony Reid. (aaa) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

PACER
72

Supplemental OBJECTION filed by Jeremy Cox. (aaa) (Entered: 01/03/2020)

Jan. 2, 2020

Jan. 2, 2020

PACER
73

OBJECTIONS to Class settlement filed by Brentt Sherwood. (aaa) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER
74

OBJECTIONS to Proposed Settlement filed by Craig Murphy. (aaa) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER
75

OBJECTIONS to Settlement Agreement filed by Gerald Watkins. (aaa) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER
76

OBJECTIONS to Settlement filed by Mark Newton Spotz.. (Attachments: # 1 Index, # 2 Exhibit(s), # 3 Exhibit(s))(aaa) (Entered: 01/06/2020)

1 Index

View on PACER

2 Exhibit(s)

View on PACER

3 Exhibit(s)

View on PACER

Jan. 6, 2020

Jan. 6, 2020

PACER
77

OBJECTIONS to Settlement Agreement filed by Orlando Baez. (aaa) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER
78

OBJECTIONS to Settlement Agreement filed by Samuel B. Randolph, IV. (aaa) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER
79

OBJECTIONS to Settlement Agreement filed by Jordan Clemons. (aaa) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER
80

OBJECTIONS to Settlement Agreement filed by Roger Culbreth, Sr. (aaa) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER
81

OBJECTIONS to Settlement Agreement filed by Ronald Gibson. (aaa) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER
82

OBJECTIONS to Settlement Agreement filed by Jose Busanet. (aaa) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER
83

OBJECTIONS to Settlement Agreement filed by Lewis Jordan. (aaa) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER
84

OBJECTIONS to Settlement Agreement filed by Aaron Jones. (aaa) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER
85

OBJECTIONS to Settlement Agreement filed by William Wright, III. (aaa) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER
86

OBJECTIONS to Settlement Agreement filed by Melvin Wright. (aaa) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER
87

OBJECTIONS to Settlement Agreement filed by Albert Perez. (aaa) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER
88

OBJECTIONS to Settlement Agreement filed by John Lesko. (aaa) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Jan. 25, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All current and future prisoners sentenced to death in the Commonwealth of Pennsylvania.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National Prison Project

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Pennsylvania Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2019 - 2022

Issues

General:

Access to lawyers or judicial system

Administrative segregation

Classification / placement

Conditions of confinement

Disciplinary procedures

Disciplinary segregation

Law library access

Protective custody

Recreation / Exercise

Religious programs / policies

Solitary confinement/Supermax (conditions or process)

Strip search policy

Torture

Totality of conditions

Visiting

Medical/Mental Health:

Mental health care, general

Mental health care, unspecified

Type of Facility:

Government-run