Filed Date: April 1, 2020
Closed Date: May 26, 2020
Clearinghouse coding complete
COVID-19 Summary: The Juvenile Law Center, the Youth Sentencing & Reentry Project, and DLA Piper filed a petition to the Pennsylvania Supreme Court requesting that they take immediate action to reduce the population of youth detentions in Pennsylvania. While the petition was denied, the Supreme Court of Pennsylvania directed the Pennsylvania judiciary to limit the detention of new juveniles and to consider individual juveniles for release.
On April 1, 2020, the Juvenile Law Center, the Youth Sentencing & Reentry Project, and DLA Piper filed a petition with the Pennsylvania Supreme Court, requesting that the Court "reduce the numbers of youth in detention, correctional and other residential facilities across the Commonwealth." Petitioners argued that under state law the Supreme Court had legal authority to reduce youth detentions. They also argued that continuing to detain youths raised significant constitutional concerns, specifically their due process rights under the Fourteenth Amendment and their rights under the Eighth Amendment.
The petitioners urged the court to take several measures to reduce youth detention, including reconsidering the detention of youths charged as adults, prohibiting the detention of any youth for probation and failure to appeal violations, and suspending all conditions of probation for youth that would require the youth to not adhere to social distancing recommendations. Furthermore, they asked that all juvenile courts conduct a review of all youth held in county detention centers and to order their release unless their release posed a substantial risk that outweighed the risk to the youth. They also asked the court to appoint a Special Master to oversee and monitor the implementation and enforcement of the Supreme Court’s order.
On April 7, 2020, the Supreme Court of Pennsylvania issued an order denying the petition. In the order, the court recognized the seriousness of the potential of an outbreak of COVID-19 in juvenile facilities, but denied the petition because the immediate release of juveniles would fail to account for individual decisions. Still, the court directed that President Judges engage with county leaders to immediately review the capabilities of residential placements where juveniles were housed to address COVID-19 and to identify juveniles for potential release while still considering individual circumstances. Judges were directed to take efforts to limit the introduction of new juveniles into the juvenile detention system during the pandemic.
The deadline for reconsideration was on May 26; the case is now closed.
Summary Authors
Cedar Hobbs (6/15/2020)
Bennion, David (Pennsylvania)
Cambria, Bridget (Pennsylvania)
Donohoe, Carol Anne (Pennsylvania)
Feierman, Jesica R. (Pennsylvania)
Fine, Lauren (Pennsylvania)
Heller, Nathan P. (Pennsylvania)
Hoffmann, Karen (Pennsylvania)
Kline, Jacquelyn M. (Pennsylvania)
Kurtz, Jamie (Massachusetts)
Levick, Marsha (Pennsylvania)
Bennion, David (Pennsylvania)
Cambria, Bridget (Pennsylvania)
Donohoe, Carol Anne (Pennsylvania)
Feierman, Jesica R. (Pennsylvania)
Fine, Lauren (Pennsylvania)
Heller, Nathan P. (Pennsylvania)
Hoffmann, Karen (Pennsylvania)
Kline, Jacquelyn M. (Pennsylvania)
Kurtz, Jamie (Massachusetts)
Levick, Marsha (Pennsylvania)
Lindell, Karen U. (Pennsylvania)
Norwood, Summer (District of Columbia)
Robb, Emily (Pennsylvania)
Saleski, Courtney Gilligan (Pennsylvania)
Visser, Joanna (Pennsylvania)
Boynton, Alan R. (Pennsylvania)
Daley, Michael P (Pennsylvania)
Eisenberg, Ronald (Pennsylvania)
Graziano, Jill Marie (Pennsylvania)
Holmes, Timothy A. (Pennsylvania)
McLees, Matthew J. (Pennsylvania)
Perez, Theron (Pennsylvania)
Piatkowski, Tracy Saylor (Pennsylvania)
Schwab, Gregory George (Pennsylvania)
Serafin, Kenneth J. (Pennsylvania)
Shank, Claudia Nadine (Pennsylvania)
Shapiro, Joshua D. (Pennsylvania)
Zerbe, Anne Elizabeth (Pennsylvania)
Silva, Joseph (Pennsylvania)
Last updated May 11, 2022, 8 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Pennsylvania
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: April 1, 2020
Closing Date: May 26, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Incarcerated youth in various Pennsylvania juvenile facilities
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Supreme Court of Pennsylvania , State
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Due Process: Substantive Due Process
Special Case Type(s):
Appellate Court is initial court
Availably Documents:
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
General:
Sanitation / living conditions
Crowding:
COVID-19:
Type of Facility: