Case: Victory v. Berks County

5:18-cv-05170 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Nov. 30, 2018

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Case Summary

A woman incarcerated at Pennsylvania’s Berks County Jail filed this lawsuit against the County and several county officials and jail officials. Her complaint, filed November 30, 2018 in the U.S. District Court for the Eastern District of Pennsylvania, alleged that the jail violated the Equal Protection Clause of the Fourteenth Amendment by discriminating against her on the basis of her sex: her “Trusty” security classification did not qualify her for lower-security housing in the off-site Community Reentry Center, but male inmates with the same security classification did qualify for such off-site housing, with increased freedom of movement, work-release privileges, and expanded educational opportunities. She sued on behalf of herself and others similarly situated. For the entire class, she sought declaratory judgment (under 28 U.S.C. §§2201-2202), as well as injunctive relief requiring the County to give female “Trusty” inmates housing, privileges, and programming comparable to those granted to their male counterparts. Individually, she alleged that jail officials had retaliated against her for filing grievances, and sought monetary damages. She was represented by the Pennsylvania Institutional Law Project. The case was assigned to Judge Mark A. Kearney.

In December 2018, the plaintiff twice sought a preliminary injunction and was twice denied. On January 15, 2019, the court granted her third request for a preliminary injunction, 355 F. Supp. 3d 239 (E.D. Pa. 2019). Two days later, the Third Circuit stayed the injunction in part.

The First Amended Complaint, on January 17, joined as plaintiffs two other women incarcerated at the Berks County Jail, similarly unable to qualify for housing and privileges commensurate with their “Trusty” security classification. Together, the three plaintiffs moved for class certification, which the court denied.

In February 2019, the court dissolved the preliminary injunction of January 17; the lead plaintiff and one of her co-plaintiffs had been released from custody, and the third plaintiff had not properly exhausted administrative remedies. 2019 WL 653788.

On April 5, 2019, the court partially granted the County’s motion to dismiss. 2019 WL 1507769. Discovery could proceed on: injunctive relief to prohibit the disparate treatment; the lead plaintiff’s damage claims against the non-immune individual defendants; some of the lead plaintiff’s First Amendment retaliation claims; and the sex discrimination claim under the Pennsylvania Constitution. The court dismissed all other claims.

Two weeks later, the lead plaintiff filed the Second Amended Complaint, replacing the original co-plaintiffs with two other women similarly incarcerated at the Jail. They moved for a preliminary injunction on April 24, and the injunction was granted on May 20. In the meantime, one of the new co-plaintiffs had, without explanation, dismissed all of her claims with prejudice. On June 3, the two remaining plaintiffs moved for class certification. The same day, the court denied the County's motion to stay all proceedings. 2019 WL 2368579.

The court granted class certification on July 8, 2019: “All current and future female inmates committed to the Berks County Jail System who have the Trusty custody-level classification but denied assignment to the Community Reentry Center (“CRC”) and denied access to the privileges and services available to men assigned to the CRC.” 2019 WL 2950171. The same day, the court granted partial summary judgment to the County. While the Fourteenth Amendment claim was allowed to proceed, all other claims were dismissed. Several individual defendants were also dismissed.

On July 11, 2019, the court held Berks County in civil contempt for failure to comply with the May 20 preliminary injunction. 2019 WL 3068991. The lead plaintiff was granted compensatory sanctions and attorneys fees. However, this contempt finding was later reversed by the Third Circuit, which found that the May 20 preliminary injunction had not included an explicit needs-narrowness-intrusiveness finding as required by the Prison Litigation Reform Act. The injunction was thus invalid and could not be a basis for a contempt finding. Throughout the litigation, the County brought a total of 5 interlocutory appeals (Third Circuit docket numbers 19-01329, 19-02193, 19-02648, 19-02695, and 19-03060). Only the appeals regarding the May 20 preliminary injunction and the July 11 contempt order were successful.

On October 17, 2019, the court granted partial summary judgment to the plaintiffs. 2019 WL 5266147. The court found that "Berks County violated [the plaintiffs'] rights when it discriminated against them in disparate treatment as to freedom of mobility, access to privileges, and visitation on the basis of their sex in violation of the Equal Protection Clause of the United States Constitution." However, there remained questions of material fact as to whether the County provided equal access to furloughs for female "Trusty" inmates. This question, along with the question of a permanent injunction and the lead plaintiff’s individual damages, would be decided at trial.

The week before the trial, the County announced that the Community Reentry Center had been closed and that all male inmates had been returned to the jail proper.

The 3-phase trial was held from Tuesday, November 12 through Friday, November 15, 2019. In the first phase, the jury found that Berks County had violated the Equal Protection Clause of the Fourteenth Amendment by providing the plaintiffs less access to furloughs than their male counterparts. In the second phase, the jury found that the County’s violation of the Equal Protection Clause had caused the plaintiff emotional pain, and awarded the lead plaintiff $2,800 in damages. The third and final phase was tried without jury; the court ordered a permanent injunction against the County. 2020 WL 236911. {DID IT INCLUDE PLRA FINDINGS?} The court entered judgment on April 7, 2020, and ordered the County to pay approximately $510,000 in costs and attorneys’ fees. 2020 WL 1694600.

As of June 15, 2020, no appeal had been filed.

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Summary Authors

Gregory Marsh (6/15/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8365639/parties/victory-v-berks-county/

Judge(s)

Attorney for Plaintiff

Davy, Jim (Pennsylvania)

Davy, James (Pennsylvania)

Feldman, Matthew A (Pennsylvania)

Attorney for Defendant

Connell, Matthew J. (Pennsylvania)

Erley, Samantha (Pennsylvania)

Judge(s)

Heffley, Marilyn (Pennsylvania)

Kearney, Mark A. (Pennsylvania)

Attorney for Plaintiff

Davy, Jim (Pennsylvania)

Davy, James (Pennsylvania)

Feldman, Matthew A (Pennsylvania)

Love, Angus R. (Pennsylvania)

Morgan-Kurtz, Alexandra T. (Pennsylvania)

Sachse, Will W. (Pennsylvania)

Ward, Cory A. (Pennsylvania)

Yeh, Su Ming (Pennsylvania)

Attorney for Defendant

Connell, Matthew J. (Pennsylvania)

Erley, Samantha (Pennsylvania)

Fiore, Laurie Ann (Pennsylvania)

Ryan, Samantha (Pennsylvania)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
5:18-cv-05170	Docket	April 7, 2020	April 7, 2020 Docket
1 5:18-cv-05170	Complaint - Class Action	Nov. 30, 2018	Nov. 30, 2018 Complaint
38 5:18-cv-05170	Findings of Fact and Conclusion of Law	Jan. 15, 2019	Jan. 15, 2019 Order/Opinion 355 F.Supp.3d 239
39 5:18-cv-05170	Order	Jan. 15, 2019	Jan. 15, 2019 Order/Opinion
61 5:18-cv-05170	Order	Jan. 25, 2019	Jan. 25, 2019 Order/Opinion
92 5:18-cv-05170	Memorandum	Feb. 15, 2019	Feb. 15, 2019 Order/Opinion 2019 WL 653788
108 5:18-cv-05170	Memorandum	April 5, 2019	April 5, 2019 Order/Opinion 2019 WL 1507769
114 5:18-cv-05170	Second Amended Complaint	April 22, 2019	April 22, 2019 Complaint
135 5:18-cv-05170	Order	May 20, 2019	May 20, 2019 Order/Opinion
134 5:18-cv-05170	Findings of Fact and Conclusion of Law	May 20, 2019	May 20, 2019 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
PRESS RELEASE: Berks County Abruptly Empties Men’s Community Reentry Center Rather Than Provide Incarcerated Women With Equal Access Pennsylvania Institutional Law Project	In a severe step backward for gender equality and reentry services for incarcerated people, the Berks County Commissioners abruptly emptied the Berks County Community Reentry Center (CRC), which prov…	Nov. 11, 2019	Nov. 11, 2019 https://pailp.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/8365639/victory-v-berks-county/

Last updated Aug. 25, 2025, 12:35 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR ( Filing fee $ 400 receipt number PPE188647.), filed by THERESA VICTORY, JURY DEMAND. (Attachments: # 1 CASE FORMS)(jl, ) Modified on 12/6/2018 (jl, ). (Entered: 12/03/2018) 1 CASE FORMS View on PACER	Nov. 30, 2018	Nov. 30, 2018 PACER
2	THERESA VICTORY. MOTION FOR CLASS CERTIFICATION, MEMORANDUM.(jl, ) (Entered: 12/03/2018)	Nov. 30, 2018	Nov. 30, 2018 PACER
	15 Summons Issued as to KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. Forwarded To: ANGUS LOVE on 12/3/18 (jl, ) Modified on 12/6/2018 (afm, ).	Nov. 30, 2018	Nov. 30, 2018 PACER
	DEMAND for Trial by Jury by THERESA VICTORY. (jl, )	Nov. 30, 2018	Nov. 30, 2018 PACER
3	ORDER THAT PLAINTIFF'S 2 MOTION FOR CLASS CERTIFICATION IS DENIED WITHOUT PREJUDICE TO BE RENEWED UNDER A SCHEDULING ORDER AFTER WE DEFINE THE ISSUES NECESSARY TO BE RESOLVED FOR TRIAL ON EITHER AN INDIVIDUAL OR CLASS BASIS. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/6/18.12/6/18 ENTERED & E-MAILED.(fdc) (Entered: 12/06/2018)	Dec. 6, 2018	Dec. 6, 2018 PACER
4	MOTION for Preliminary Injunction filed by THERESA VICTORY.. (Attachments: # 1 Text of Proposed Order)(DAVY, JAMES) Modified on 12/10/2018 (afm, ). (STRICKEN PER ORDER 6 ) (Entered: 12/07/2018) 1 Text of Proposed Order View on PACER	Dec. 7, 2018	Dec. 7, 2018 PACER
5	Memorandum in Support re 4 MOTION for Preliminary Injunction filed by THERESA VICTORY. (Attachments: # 1 Exhibit)(DAVY, JAMES) (Entered: 12/07/2018) 1 Exhibit View on PACER	Dec. 7, 2018	Dec. 7, 2018 PACER
6	ORDER THAT PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (DOC. 4 ) IS STRICKEN WITHOUT PREJUDICE AS OUTLINED HEREIN. ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/7/2018.12/7/2018 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 12/07/2018)	Dec. 7, 2018	Dec. 7, 2018 PACER
10	Memorandum in Support re 9 MOTION for Preliminary Injunction filed by THERESA VICTORY. (Attachments: # 1 Exhibit, # 2 Certificate of Service)(FELDMAN, MATTHEW) (STRICKEN AS PER ORDER #12) (Entered: 12/11/2018) 1 Exhibit View on PACER 2 Certificate of Service View on PACER	Dec. 11, 2018	Dec. 11, 2018 PACER
11	ORDERED THAT PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (DOC. NO. 8) IS DENIED. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/11/18.12/11/18 ENTERED AND COPIES E-MAILED.(jpd, ) (Entered: 12/11/2018)	Dec. 11, 2018	Dec. 11, 2018 PACER
12	ORDERED THAT PLAINTIFF'S BRIEF (DOC. NO. 10) IS STRICKEN WITH LEAVE TO FILE A COMPLIANT MEMORANDUM IN SUPPORT OF HER MOTION FOR PRELIMINARY INJUNCTION (DOC. NO. 9) NO LATER THAN 12/13/18. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/11/18. 12/12/18 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED.(jpd, ) (Entered: 12/12/2018)	Dec. 11, 2018	Dec. 11, 2018 PACER
7	AFFIDAVIT of Service by Karl Perkins re: served Complaint, Class Certification Motion/Brief, Preliminary Injunction Motion/Brief upon Berks County, Joanna Brown, C.O. Bauer, C.O. Brown, C.O. Zerr, C.O. Reichart, C.O. Drozack, Lieutenant Spotts, Lieutenant Weber, Captain Castro, Deputy Warden Stephanie Smith, Warden Joanna Quigley, County Commissioner Mark Scott, County Commissioner Kevin Barnhardt, County Commissioner, Christian Leinbach by personal on December 10, 2018 (FELDMAN, MATTHEW) (Entered: 12/11/2018)	Dec. 11, 2018	Dec. 11, 2018 PACER
8	MOTION for Leave to File Excess Pages filed by THERESA VICTORY.. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(FELDMAN, MATTHEW) (Entered: 12/11/2018) 1 Text of Proposed Order View on PACER 2 Certificate of Service View on PACER	Dec. 11, 2018	Dec. 11, 2018 PACER
9	MOTION for Preliminary Injunction filed by THERESA VICTORY.. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(FELDMAN, MATTHEW) (Entered: 12/11/2018) 1 Text of Proposed Order View on PACER 2 Certificate of Service View on PACER	Dec. 11, 2018	Dec. 11, 2018 PACER
13	Memorandum in Support re 9 MOTION for Preliminary Injunction filed by THERESA VICTORY. (Attachments: # 1 Exhibit, # 2 Certificate of Service)(FELDMAN, MATTHEW) (Entered: 12/13/2018) 1 Exhibit View on PACER 2 Certificate of Service View on PACER	Dec. 13, 2018	Dec. 13, 2018 PACER
14	NOTICE of Appearance by MATTHEW J. CONNELL on behalf of KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR with Certificate of Service(CONNELL, MATTHEW) (Entered: 12/14/2018)	Dec. 14, 2018	Dec. 14, 2018 PACER
15	Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Telephone Conference held on 12/17/18 (jpd, ) (Entered: 12/17/2018)	Dec. 17, 2018	Dec. 17, 2018 PACER
16	ORDERED THAT MOTION IN LIMINE DUE BY 1/7/2019., DEFENDANTS SHALL RSPOND TO THE MOTION (DOC. NO. 9) DUE BY 12/28/2018., A HEARING ON PLAINTIFF'S REQUEST FOR PRELIMINARY INJUNCTION IS SET FOR 1/8/2019 10:00 A.M. IN COURTROOM 6-B BEFORE HONORABLE MARK A. KEARNEY. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/17/18. 12/18/18 ENTERED AND COPIES E-MAILED.(jpd, ) (Entered: 12/18/2018)	Dec. 17, 2018	Dec. 17, 2018 PACER
17	ORDERED THAT THE WARDEN OF BERKS COUNTY JAIL PRODUCE BEFORE THIS COURT PLAINTIFF THERESA VICTORY #2016-6253 ON 1/8/19 FOR AN INJUNCTION HEARING. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/19/18. 12/20/18 ENTERED AND COPIES E-MAILED. (jpd ) (Entered: 12/20/2018)	Dec. 19, 2018	Dec. 19, 2018 PACER
18	MOTION for Leave to File Excess Pages filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Certificate of Service.(CONNELL, MATTHEW) (Entered: 12/27/2018)	Dec. 27, 2018	Dec. 27, 2018 PACER
19	ORDER GRANTING 18 MOTION FOR LEAVE TO FILE EXCESS PAGES AND THE DEFENDANTS MEMORANDUM IN SUPPORT OF A MOTION TO DISMISS DUE NO LATER THAN DECEMBER 31, 2018, MAY NOT EXCEED TWENTY-FIVE PAGES WITH ANY RESPONSE ALSO NOT EXCEEDING TWENTY-FIVE PAGES. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/27/18. 12/28/18 ENTERED AND COPIES E-MAILED. (va, ) (Entered: 12/28/2018)	Dec. 27, 2018	Dec. 27, 2018 PACER
20	RESPONSE in Opposition re 9 MOTION for Preliminary Injunction with Affirmative Defenses filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. (CONNELL, MATTHEW) (Entered: 12/28/2018)	Dec. 28, 2018	Dec. 28, 2018 PACER
21	Memorandum in Opposition re 9 MOTION for Preliminary Injunction in Support of Response filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. (CONNELL, MATTHEW) (Entered: 12/28/2018)	Dec. 28, 2018	Dec. 28, 2018 PACER
22	CERTIFICATE OF SERVICE by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR re 21 Memorandum, (CONNELL, MATTHEW) (Entered: 12/28/2018)	Dec. 28, 2018	Dec. 28, 2018 PACER
23	MOTION to Dismiss Plaintiff's Complaint filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Certificate of Service.(CONNELL, MATTHEW) (Entered: 12/31/2018)	Dec. 31, 2018	Dec. 31, 2018 PACER
24	Memorandum in Support of Motion to Dismiss re 23 MOTION to Dismiss Plaintiff's Complaint by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. (Attachments: # 1 Certificate of Service) (CONNELL, MATTHEW) (Entered: 12/31/2018) 1 Certificate of Service View on PACER	Dec. 31, 2018	Dec. 31, 2018 PACER
25	MOTION to Continue filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Brief, Certificate of Service.(CONNELL, MATTHEW) (Entered: 01/03/2019)	Jan. 3, 2019	Jan. 3, 2019 PACER
26	REPLY to Response to Motion re 9 MOTION for Preliminary Injunction filed by THERESA VICTORY. (Attachments: # 1 Exhibit)(FELDMAN, MATTHEW) (Entered: 01/03/2019) 1 Exhibit View on PACER	Jan. 3, 2019	Jan. 3, 2019 PACER
27	ORDER THAT THE BERKS COUNTY DEFENDANTS' 25 MOTION FOR A CONTINUANCE IS DENIED. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/4/19.1/4/19 ENTERED & E-MAILED.(fdc) (Entered: 01/04/2019)	Jan. 4, 2019	Jan. 4, 2019 PACER
28	PRETRIAL MEMORANDUM by THERESA VICTORY Pre-Hearing Memo; Certificate of Service. (FELDMAN, MATTHEW) (Entered: 01/04/2019)	Jan. 4, 2019	Jan. 4, 2019 PACER
29	Memorandum re 9 MOTION for Preliminary Injunction Hearing filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. (CONNELL, MATTHEW) (Entered: 01/04/2019)	Jan. 4, 2019	Jan. 4, 2019 PACER
30	Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Telephone Conference held on 1/4/19 (jl, ) (Entered: 01/04/2019)	Jan. 4, 2019	Jan. 4, 2019 PACER
31	ORDERED THAT THE WARDEN OF THE BERKS COUNTY JAIL SYSTEM SHALL PRODUCE BEFORE THIS COURT THE BODY OF THE PLAINTIFF IN THE ABOVE CAPTIONED CIVIL ACTION TO APPEAR BEFORE THE UNDERSIGNED FOR AN INJUNCTION HEARING SET TO COMMENCE ON 1/10/19 AT 10:00 A.M. THIS HEARING IS RESCHEDULED FORM 1/8/19. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/4/19. 1/7/19 ENTERED AND COPIES E-MAILED(jpd, ) (Entered: 01/07/2019)	Jan. 4, 2019	Jan. 4, 2019 PACER
32	ORDERED THAT THE COURT'S ORDER DATED 12/17/18 IS AMENDED SOLEY TO REFLECT THTA THE HEARING FOR PRELIMINARY INJUNCTION IS SET FOR 1/10/2019 AT 10:00 A.M. IN COURTROOM 6-B BEFORE HONORABLE MARK A. KEARNEY.). SIGNED BY HONORABLE MARK A. KEARNEY ON 1/4/19. 1/7/19 ENTERED AND COPIES E-MAILED.(jpd, ) (Entered: 01/07/2019)	Jan. 4, 2019	Jan. 4, 2019 PACER
33	MOTION in Limine filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Memorandum of Law and Certificate of Service.(CONNELL, MATTHEW) (Entered: 01/07/2019)	Jan. 7, 2019	Jan. 7, 2019 PACER
34	RESPONSE in Opposition re 33 MOTION in Limine filed by Defendants filed by THERESA VICTORY. (FELDMAN, MATTHEW) (Entered: 01/08/2019)	Jan. 8, 2019	Jan. 8, 2019 PACER
35	ORDERED THAT DEFENDANTS MOTION IN LIMINE (DOC. NO. 33) IS DENIED SUBJECT TO RENEWAL AT OUR HEARING, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/8/19.1/9/19 ENTERED AND COPIES E-MAILED.(jpd, ) (Entered: 01/09/2019)	Jan. 8, 2019	Jan. 8, 2019 PACER
36	NOTICE of Appearance by SAMANTHA RYAN on behalf of KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR with Certificate of Service(RYAN, SAMANTHA) (Entered: 01/09/2019)	Jan. 9, 2019	Jan. 9, 2019 PACER
37	RESPONSE in Opposition re 23 MOTION to Dismiss Plaintiff's Complaint filed by THERESA VICTORY. (Attachments: # 1 Certificate of Service, # 2 Exhibit)(FELDMAN, MATTHEW) (Entered: 01/14/2019) 1 Certificate of Service View on PACER 2 Exhibit View on PACER	Jan. 14, 2019	Jan. 14, 2019 PACER
38	FINDINGS OF FACTS AND CONCLUSIONS OF LAW. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/15/19. 1/16/19 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED. (jpd)	Jan. 15, 2019	Jan. 15, 2019 RECAP
39	ORDERED THAT PLAITNIFF'S MOTION FOR PRELIMINARY INJUNCTION (DOC. NO. 9) IS GRANTED AS OUTLINED HEREIN SIGNED BY HONORABLE MARK A. KEARNEY ON 1/15/19. 1/16/19 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED.(jpd ) (Main Document 39 replaced on 1/16/2019) (jpd, ). (Entered: 01/16/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
40	Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Motion Hearing held on 1/10/19 re 9 MOTION for Preliminary Injunction filed by THERESA VICTORY (jpd, ) (Entered: 01/16/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
41	MOTION for Reconsideration filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Certificate of Service.(CONNELL, MATTHEW) (Entered: 01/16/2019)	Jan. 16, 2019	Jan. 16, 2019 PACER
42	Memorandum in Support re 41 MOTION for Reconsideration by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (CONNELL, MATTHEW) (Attachment 6 replaced on 1/17/2019) (jpd, ). (Entered: 01/16/2019) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER	Jan. 16, 2019	Jan. 16, 2019 PACER
43	MOTION to Seal Document filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Certificate of Service. (Attachments: # 1 Brief)(CONNELL, MATTHEW) (Entered: 01/16/2019) 1 Brief View on PACER	Jan. 16, 2019	Jan. 16, 2019 PACER
44	MOTION to Stay filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Certificate of Service. (Attachments: # 1 Brief)(CONNELL, MATTHEW) (Entered: 01/16/2019) 1 Brief View on PACER	Jan. 16, 2019	Jan. 16, 2019 PACER
	The sum of $ $100.00 deposited into the Registry of the Court. (jpd, )	Jan. 16, 2019	Jan. 16, 2019 PACER
45	RESPONSE to Motion re 43 MOTION to Seal Document filed by THERESA VICTORY. (FELDMAN, MATTHEW) (Entered: 01/17/2019)	Jan. 17, 2019	Jan. 17, 2019 PACER
46	Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Telephone Conference held on 1/17/2019 (amas) (Entered: 01/17/2019)	Jan. 17, 2019	Jan. 17, 2019 PACER
47	AMENDED COMPLAINT against KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, JOHN DOE CORRECTIONAL SERGEANT, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR, filed by THERESA VICTORY, AMARA SANDERS, SAMANTHA HUNTINGTON, Jury Demand, Certificate of Service.(fdc) (Entered: 01/18/2019)	Jan. 17, 2019	Jan. 17, 2019 PACER
48	ORDERED THAT DEFENDANTS MOTION TO STAY (DOC. NO. 44) IS GRANTED IN PART AND WE STAY THE OBLIGATIONS OF PARAGRAPH ONE(1) OF OUR 1/15/19 ORDER UNTIL FURTHER ORDER OF THE COURT. DEFENDANTS MOTION TO FILE A VIDEOTAPE UNDER SEAL (DOC. NO. 43) IS DENIED WITHOUT PREJUDICE TO BE RENEWED FOLLOWING CONFERRING WITH PLAINTIFF'S, ETC. WE WILL HEAR ARGUMENT AND TESTIMONY ON DEFENDANTS MOTION FOR RECONSIDERATION ON 1/23/19 AT 10:00 A.M.. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/17/19.1/18/19 ENTERED AND COPIES E-MAILED.(jpd, ) (Entered: 01/18/2019)	Jan. 17, 2019	Jan. 17, 2019 PACER
	Set/Reset Deadlines as to 41 MOTION for Reconsideration . MOTION HEARING SET FOR 1/23/2019 10:00 AM IN COURTROOM BEFORE HONORABLE MARK A. KEARNEY. (jpd, )	Jan. 17, 2019	Jan. 17, 2019 PACER
49	MOTION to Certify Class filed by SAMANTHA HUNTINGTON, AMARA SANDERS, THERESA VICTORY.Certificate of Service.(FELDMAN, MATTHEW) (Entered: 01/18/2019)	Jan. 18, 2019	Jan. 18, 2019 PACER
50	Memorandum in Support re 49 MOTION to Certify Class filed by SAMANTHA HUNTINGTON, AMARA SANDERS, THERESA VICTORY. (Attachments: # 1 Exhibit)(FELDMAN, MATTHEW) (Entered: 01/18/2019) 1 Exhibit View on PACER	Jan. 18, 2019	Jan. 18, 2019 PACER
51	ORDER THAT DEFENDANTS' 23 MOTION TO DISMISS IS DENIED AS MOOT. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/18/19.1/18/19 ENTERED & E-MAILED.(fdc) (Entered: 01/18/2019)	Jan. 18, 2019	Jan. 18, 2019 PACER
52	ORDER THAT PLAINTIFFS' RENEWED 49 MOTION FOR CLASS CERTIFICATION IS DENIED WITHOUT PREJUDICE TO BE RENEWED UNDER A SCHEDULING ORDER AFTER WE DEFINE THE ISSUES NECESSARY TO BE RESOLVED ON EITHER AN INDIVIDUAL OR CLASS BASIS BUT NOTHING IN THIS ORDER AFFECTS PLAINTIFFS' ABILITIES OR STANDING TO SEEK INJUNCTIVE OR DECLARATORY RELIEF AS TO THEIR STATUS. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/18/19.1/18/19 ENTERED & E-MAILED.(fdc) (Entered: 01/18/2019)	Jan. 18, 2019	Jan. 18, 2019 PACER
53	MOTION for Preliminary Injunction filed by SAMANTHA HUNTINGTON, AMARA SANDERS.Certificate of Service.(FELDMAN, MATTHEW) (Entered: 01/18/2019)	Jan. 18, 2019	Jan. 18, 2019 PACER
54	Memorandum in Support re 53 MOTION for Preliminary Injunction filed by SAMANTHA HUNTINGTON, AMARA SANDERS. (FELDMAN, MATTHEW) (Entered: 01/18/2019)	Jan. 18, 2019	Jan. 18, 2019 PACER
55	ORDER THAT THE PARTIES MAY IMMEDIATELY COMMENCE WRITTEN INJUNCTION DISCOVERY WITH ALL WRITTEN DISCOVERY REQUESTS ANSWERED WITHIN FOUR DAYS OF ELECTRONIC SERVICE, ETC. DEFENDANTS SHALL ANSWER THE MOTION FOR A PRELIMINARY INJUNCTION NO LATER THAN FEBRUARY 4, 2019. MINDFUL WE EVALUATED EXTENSIVE EVIDENCE ON JANUARY 10, 2019, WE WILL HEAR PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION ON FEBRUARY 11, 2019 AT 9:30 A.M. EACH PARTY SHALL FILE A PRE-HEARING MEMORANDUM ON OR BEFORE FEBRUARY 5, 2019 NOT EXCEEDING 10 PAGES IDENTIFYING THE THEMES OF THEIR INJUNCTION PRESENTATION, PROPOSED WITNESS LIST WITH OFFERS OF PROOF, ADMISSIONS FROM THE JANUARY 10, 2019 HEARING AND DOCUMENTS THEY WISH TO INTRODUCE AT THE HEARING AND THE PARTIES MAY FILE MOTIONS IN LIMINE NO LATER THAN 6:00 PM EST ON FEBRUARY 7, 2019. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/18/19. 1/18/19 ENTERED AND COPIES E-MAILED.(td, ) Modified on 1/23/2019 (lvj, ). (Entered: 01/18/2019)	Jan. 18, 2019	Jan. 18, 2019 PACER
	Set/Reset Deadlines as to 53 MOTION for Preliminary Injunction .MOTION IN LIMINE DUE BY 2/7/2019. RESPONSES DUE BY 2/4/2019. MOTION HEARING SET FOR 2/11/2019 09:30 AM IN COURTROOM BEFORE HONORABLE MARK A. KEARNEY. (td, )	Jan. 18, 2019	Jan. 18, 2019 PACER
56	RESPONSE in Opposition re 41 MOTION for Reconsideration filed by THERESA VICTORY. (Attachments: # 1 Exhibit)(FELDMAN, MATTHEW) (Entered: 01/22/2019) 1 Exhibit View on PACER	Jan. 22, 2019	Jan. 22, 2019 PACER
57	ORDER THAT THE WARDEN FOR BERKS COUNTY JAIL PRODUCE BEFORE THIS COURT THE BODY OF THERESA VICTORY, 2016-6253 ON MONDAY, 2/11/19 AT 9:30 A.M. BEFORE THE HONORABLE MARK A. KEARNEY TO APPEAR FOR AN INJUNCTION HEARING IN THE ABOVE-CAPTIONED MATTER IN THE U.S. DIST. COURT, 601 MARKET ST., PHILA., PA IN COURTROOM 6B, 6TH FLOOR, AND IMMEDIATELY UPON TERMINATION OF THE HEARING, SHE BE DELIVERED INTO THE CUSTODY OF THE WARDEN OF BERKS COUNTY JAIL.. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/22/19. 1/22/19 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, ) (Entered: 01/22/2019)	Jan. 22, 2019	Jan. 22, 2019 PACER
58	ORDER THAT THE WARDEN FOR BERKS COUNTY JAIL PRODUCE BEFORE THIS COURT THE BODY OF AMARA SANDERS, 2017-6293 ON MONDAY, 2/11/19 AT 9:30 A.M. BEFORE THE HONORABLE MARK A. KEARNEY TO APPEAR FOR AN INJUNCTION HEARING IN THE ABOVE-CAPTIONED MATTER IN THE U.S. DIST. COURT, 601 MARKET ST., PHILA., PA IN COURTROOM 6B, 6TH FLOOR, AND IMMEDIATELY UPON TERMINATION OF THE HEARING, SHE BE DELIVERED INTO THE CUSTODY OF THE WARDEN OF BERKS COUNTY JAIL.. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/22/19. 1/22/19 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, ) (Entered: 01/22/2019)	Jan. 22, 2019	Jan. 22, 2019 PACER
59	ORDER THAT THE WARDEN FOR BERKS COUNTY JAIL PRODUCE BEFORE THIS COURT THE BODY OF SAMANTHA HUNTINGTON, 2017-5744 ON MONDAY, 2/11/19 AT 9:30 A.M. BEFORE THE HONORABLE MARK A. KEARNEY TO APPEAR FOR AN INJUNCTION HEARING IN THE ABOVE-CAPTIONED MATTER IN THE U.S. DIST. COURT, 601 MARKET ST., PHILA., PA IN COURTROOM 6B, 6TH FLOOR, AND IMMEDIATELY UPON TERMINATION OF THE HEARING, SHE BE DELIVERED INTO THE CUSTODY OF THE WARDEN OF BERKS COUNTY JAIL.. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/22/19. 1/22/19 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, ) (Entered: 01/22/2019)	Jan. 22, 2019	Jan. 22, 2019 PACER
60	Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Motion Hearing held on 1/23/19 re (41) MOTION for RECONSIDERATION Court Reporter: SUZANNE WHITE. (jl, ) (Entered: 01/23/2019)	Jan. 23, 2019	Jan. 23, 2019 PACER
61	ORDERED THAT DEFENDANTS MOTION FOR RECONSIDERATION (DOC. NO. 41) IS GRATNED IN PART AS OUTLINED HEREIN. ON OR BEFORE 1/28/19 6:00 P.M. EST BERKS COUNTY THROUGH WARDEN QUIGLEY SHALL COMPLY WITH THE OBLIGATIONS OF OUR 1/15/19 ORDER BY FILING A PLAN WITH THIS COURT DESCRIBING CONSTITUTIONAL PROTECTIONS DEFINED IN OUR 1/15/19 ORDER IT WILL PROVIDE MS. VICTORY AFTER HER DISCIPLINARY SEGREGRATION EXPIRES ON 1/29/19. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/25/19. 1/25/19 ENTERED AND COPIES E-MAILED.(jpd, ) (Entered: 01/25/2019)	Jan. 25, 2019	Jan. 25, 2019 PACER
62	AMENDED ORDER THAT DEFTS' MOTION FOR RELIEF (ECF NO. 41) IS GRANTED IN PART AND DENIED IN PART; DEFTS' MOTION FOR RELIEF IS GRANTED TO CORRECT OUR INACCURATE FINDING OF THE PUBLICATION DATAE OF THE NEWSPAPER ARTICLE CONCERNING PLFF'S LAWSUIT IN THE READING EAGLE; ON OR BEFORE 6:00 PM EST ON 1/28/19, BERKS COUNTY, THORUGH WARDEN QUIGLEY, SHALL COMPLY WITH THE OBLIGATIONS OF OUR 1/15/19 ORDER; DEFTS' MOTION FOR RELIEF (ECF DOC. NO. 41) IS OTHERWISE DENIED.. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/25/19. 1/25/19 ENTERED AND COPIES E-MAILED TO COUNSEL. (Entered: 01/25/2019)	Jan. 25, 2019	Jan. 25, 2019 PACER
63	MOTION for Relief Under 60B filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Memorandum of Law, Certificate of Service.(CONNELL, MATTHEW) (Entered: 01/28/2019)	Jan. 28, 2019	Jan. 28, 2019 PACER
64	AFFIDAVIT in Support re 62 Order,, by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. (CONNELL, MATTHEW) (Entered: 01/28/2019)	Jan. 28, 2019	Jan. 28, 2019 PACER
65	MOTION for Leave to File Excess Pages filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Certificate of Service.(CONNELL, MATTHEW) (Entered: 01/29/2019)	Jan. 29, 2019	Jan. 29, 2019 PACER
66	ORDERED THAT DEFENDANTS MOTION FOR LEAVE (DOC. NO.65) IS GRANTED IN PART AND THE DEFENDANTS MEMORANDUM IN SUPPORT OF A MOTION TO DISMISS MAY NOT EXCEED TWENTY-FIVE(25) PAGES WITH ANY TIMELY RESPONSE ALSO NOT TO EXCEED TWENTY-FIVE(25) PAGES. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/29/19. 1/30/19 ENTERED AND COPIES E-MAILED. (jpd ) (Entered: 01/30/2019)	Jan. 29, 2019	Jan. 29, 2019 PACER
67	RESPONSE in Opposition re 63 MOTION for Relief Under 60B filed by THERESA VICTORY. (Attachments: # 1 Exhibit)(FELDMAN, MATTHEW) (Entered: 01/31/2019) 1 Exhibit View on PACER	Jan. 31, 2019	Jan. 31, 2019 PACER
68	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Memorandum of Law in Support and Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum, # 3 Certificate of Service)(CONNELL, MATTHEW) (Entered: 01/31/2019) 1 Text of Proposed Order View on PACER 2 Memorandum View on PACER 3 Certificate of Service View on PACER	Jan. 31, 2019	Jan. 31, 2019 PACER
69	RESPONSE in Opposition re 53 MOTION for Preliminary Injunction and Brief in Support Thereof filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(CONNELL, MATTHEW) (Entered: 02/04/2019) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER	Feb. 4, 2019	Feb. 4, 2019 PACER
70	PRETRIAL MEMORANDUM by SAMANTHA HUNTINGTON, AMARA SANDERS Pre-Hearing Memo; Certificate of Service. (FELDMAN, MATTHEW) (Entered: 02/05/2019)	Feb. 5, 2019	Feb. 5, 2019 PACER
71	PRETRIAL MEMORANDUM by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR Certificate of Service. (CONNELL, MATTHEW) (Entered: 02/05/2019)	Feb. 5, 2019	Feb. 5, 2019 PACER
72	NOTICE OF APPEAL as to 61 Order on Motion for Reconsideration,, 39 Order (Memorandum and/or Opinion), by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. Copies to Judge, Clerk USCA, Appeals Clerk . (CONNELL, MATTHEW) Modified on 2/7/2019 (nd, ). (Entered: 02/06/2019)	Feb. 6, 2019	Feb. 6, 2019 PACER
73	AMENDED DOCUMENT by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. Amendment to 72 Notice of Appeal, 61 Order on Motion for Reconsideration,, 39 Order (Memorandum and/or Opinion), . (CONNELL, MATTHEW) (RE-FILED USING CORRECT EVENT) Modified on 2/7/2019 (nd, ). (Entered: 02/06/2019)	Feb. 6, 2019	Feb. 6, 2019 PACER
74	REPLY to Response to Motion re 53 MOTION for Preliminary Injunction filed by SAMANTHA HUNTINGTON, AMARA SANDERS. (Attachments: # 1 Exhibit, # 2 Exhibit)(FELDMAN, MATTHEW) (Entered: 02/06/2019) 1 Exhibit View on PACER 2 Exhibit View on PACER	Feb. 6, 2019	Feb. 6, 2019 PACER
75	AMENDED NOTICE OF APPEAL by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. Copies to Judge, Clerk USCA, Appeals Clerk. (RE-FILED DOCUMENT 73 USING THE CORRECT EVENT)(nd, ) (Entered: 02/07/2019)	Feb. 6, 2019	Feb. 6, 2019 PACER
76	MOTION in Limine to Preclude Evidence filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Memorandum, Certificate of Service.(CONNELL, MATTHEW) (Entered: 02/07/2019)	Feb. 7, 2019	Feb. 7, 2019 PACER
77	MOTION in Limine filed by SAMANTHA HUNTINGTON, AMARA SANDERS.Certificate of Service. (Attachments: # 1 Memorandum)(FELDMAN, MATTHEW) (Entered: 02/07/2019) 1 Memorandum View on PACER	Feb. 7, 2019	Feb. 7, 2019 PACER
78	NOTICE of Docketing Record on Appeal from USCA re 75 Notice of Appeal, filed by REICHART, KEVIN S. BARNHARDT, STEPHANIE SMITH, WEBER, BERKS COUNTY, CHRISTIAN Y. LEINBACH, ZERR, CASTRO, JOANNA BROWN, BROWN, JANINE L. QUIGLEY, BAUER, DROZACK, MARK C. SCOTT, SPOTTS. USCA Case Number 19-1329 (dmc, ) (Entered: 02/08/2019)	Feb. 8, 2019	Feb. 8, 2019 PACER
79	MOTION to Stay re 53 MOTION for Preliminary Injunction, 55 Order,,, filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Memorandum, Certificate of Service.(CONNELL, MATTHEW) (Entered: 02/08/2019)	Feb. 8, 2019	Feb. 8, 2019 PACER
80	Exhibit List Supplemental by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.. Certificate of Service (CONNELL, MATTHEW) (Entered: 02/08/2019)	Feb. 8, 2019	Feb. 8, 2019 PACER
81	RESPONSE in Opposition re 76 MOTION in Limine to Preclude Evidence filed by SAMANTHA HUNTINGTON, AMARA SANDERS. (DAVY, JAMES) (Entered: 02/08/2019)	Feb. 8, 2019	Feb. 8, 2019 PACER
84	ORDERED THAT BERKS COUNTY DEFENDANTS MOTION TO STAY (DOC. NO. 79) IS DENIED. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/8/19. 2/11/19 ENTERED AND COPIES MAILED AND E-MAILED.(jpd, ) (Entered: 02/11/2019)	Feb. 8, 2019	Feb. 8, 2019 PACER
85	ORDER of USCA as to 72 Notice of Appeal, filed by REICHART, KEVIN S. BARNHARDT, STEPHANIE SMITH, WEBER, BERKS COUNTY, CHRISTIAN Y. LEINBACH, ZERR, CASTRO, JOANNA BROWN, BROWN, JANINE L. QUIGLEY, BAUER, DROZACK, MARK C. SCOTT, SPOTTS, 75 Notice of Appeal, filed by REICHART, KEVIN S. BARNHARDT, STEPHANIE SMITH, WEBER, BERKS COUNTY, CHRISTIAN Y. LEINBACH, ZERR, CASTRO, JOANNA BROWN, JANINE L. QUIGLEY, BROWN, BAUER, DROZACK, MARK C. SCOTT, SPOTTS. Re: Order that the above-entitled appeal(s) is (are) stayed pending disposition of the motion. The parties are directed to file written reports addressing the status of the pending motion on 3/11/19 and every thirty (30) days thereafter until the last motion is decided. The stay will automatically expire upon entry of the order disposing of the last post-decision motion. (fdc) (Entered: 02/11/2019)	Feb. 8, 2019	Feb. 8, 2019 PACER
82	ORDERED THAT THE PLAINTIFF'S MOTION IN LIMINE (DOC. NO. 77) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/11/19. 2/11/19 ENTERED AND COPIES E-MAILED. (jpd ) (Entered: 02/11/2019)	Feb. 11, 2019	Feb. 11, 2019 PACER
83	ORDERED THAT DEFENDANTS MOTION IN LIMINE (DOC. NO. 76) IS DENIED WITHOUT PREJUDICE TO MOVE TO PRECLUDE INQUIRY INTO AREAS UNRELATED TO MS. HUNTINGDON'S AND MS. SANDER'S REQUEST FOR INJUNCTIVE RELIEF. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/11/19.2/11/19 ENTERED AND COPIES E-MAILED.(jpd, ) (Main Document 83 replaced on 2/15/2019) (jpd, ). (Entered: 02/11/2019)	Feb. 11, 2019	Feb. 11, 2019 PACER
86	CERTIFIED COPY OF ORDER FROM USCA #19-1329 THAT THE ABOVE ENTITLED APPEAL IS STAYED PENDING DISPOSITION OF THE MOTION PENDING IN THE DISTRICT COURT. THE PARTIES ARE DIRECTED TO FILE WRITTEN REPORTS ADDRESSING THE STATUS OF THE PENDING MOTION ON 3/11/19 AND EVERY THIRTY (30) DAYS THEREAFTER UNITL THE LAST MOTION IS DECIDED. THE STAY WILL AUTOMATICALLY EXPIRE UPON THE ENTRY OF THE ORDER DISPOSING OF THE LAST POST DECISION MOTION. (jpd, ) (Entered: 02/11/2019)	Feb. 11, 2019	Feb. 11, 2019 PACER
87	Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Motion Hearing held on 2/11/19 re 53 MOTION for Preliminary Injunction filed by SAMANTHA HUNTINGTON, AMARA SANDERS Court Reporter: SUZANNE WHITE. (jpd, ) (Entered: 02/12/2019)	Feb. 11, 2019	Feb. 11, 2019 PACER
	USCA Appeal Fees received $ 505 receipt number 192361 re 75 Notice of Appeal, filed by REICHART, KEVIN S. BARNHARDT, STEPHANIE SMITH, WEBER, BERKS COUNTY, CHRISTIAN Y. LEINBACH, ZERR, CASTRO, JOANNA BROWN, BROWN, JANINE L. QUIGLEY, BAUER, DROZACK, MARK C. SCOTT, SPOTTS (fdc, )	Feb. 12, 2019	Feb. 12, 2019 PACER
88	Transcript of Preliminary Injunction Hearing held on 1/10/19, before Judge Kearney. Court Reporter/Transcriber Suzanne R. White, CM. (fdc) (Entered: 02/13/2019)	Feb. 13, 2019	Feb. 13, 2019 PACER
89	RESPONSE in Opposition re 68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by SAMANTHA HUNTINGTON, AMARA SANDERS, THERESA VICTORY. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service, # 3 Exhibit)(FELDMAN, MATTHEW) (Entered: 02/14/2019) 1 Text of Proposed Order View on PACER 2 Certificate of Service View on PACER 3 Exhibit View on PACER	Feb. 14, 2019	Feb. 14, 2019 PACER
90	MOTION to Withdraw as Attorney filed by SAMANTHA HUNTINGTON, AMARA SANDERS, THERESA VICTORY..(DAVY, JAMES) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 PACER
91	ORDERED THAT PLAINTIFF'S MOTION TO WITHDRAW AS ATTORNEY IS (DOC. NO. 90)GRANTED AND ATTORNEY JAMES P. DAVY, ESQ., IS WITHDRAWN AS CONSEL. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/15/19. 2/15/19 ENTERED AND COPIES E-MAILED. (jpd ) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 PACER
92	MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE MARK A. KEARNEY ON 02/15/2019;. 02/15/2019 ENTERED AND COPIES E-MAILED.(nd, )	Feb. 15, 2019	Feb. 15, 2019 RECAP
93	ORDER THAT PLAINTIFF SAMANTHA HUNTINGTON'S AND AMARA SANDERS' MOTION FOR A PRELIMINARY INJUNCTION (ECF DOC. NO. 53 ) IS DENIED. SIGNED BY HONORABLE MARK A. KEARNEY ON 02/15/2019;. 02/15/2019 ENTERED AND COPIES E-MAILED.(nd)	Feb. 15, 2019	Feb. 15, 2019 RECAP
94	ORDER THAT THE DEFENDANTS' MOTION (ECF DOC. NO. 63 ) IS GRANTED; WE DISSOLVE THE JANUARY 15, 2019 MANDATORY INJUNCTION (ECF DOC. NO. 39 ), AS MODIFIED ON JANUARY 25, 2019 (ECF DOC. NO. 62 ) UPON THE DEFENDANTS AS IT RELATES TO THERESA VICTORY ; THE CLERK OF COURT SHALL RETURN THE JANUARY 16, 2019 INJUNCTION BOND TO PLAINTIFF'S COUNSEL OF RECORD UPON THEIR APPEARNACE IN THE CLERK'S OFFICE ON OR AFTER FEBRUARY 19, 2019, ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 02/15/2019;. 02/15/2019 ENTERED AND COPIES E-MAILED.(nd, )	Feb. 15, 2019	Feb. 15, 2019 RECAP

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Case Details

State / Territory: Pennsylvania

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 30, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs in this case are a class of women incarcerated in the Berks County (Pennsylvania) Jail. They are classified at the lowest security classification the jail system has, and are thus eligible for lower-security housing. Men housed in the jail system enjoy lower-security housing; however, the women do not.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Pennsylvania Institutional Law Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Berks County (Reading, Berks), County

Defendant Type(s):

Corrections