Case: Graham v. Allegheny County

2:20-cv-00496 | U.S. District Court for the Western District of Pennsylvania

Filed Date: April 9, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: The ACLU of Pennsylvania filed this class action suit on behalf of pretrial detainees in a PA jail and a subclass of those who were at a heightened risk of contracting COVID-19. The complaint alleged that the conditions in the jail failed to meet CDC recommendations and amounted to a violation of the Americans with Disabilities Act and the Fourteenth Amendment. The parties moved for settlement by entry of a consent order implementing public health measures on May 26, which moo…

COVID-19 Summary: The ACLU of Pennsylvania filed this class action suit on behalf of pretrial detainees in a PA jail and a subclass of those who were at a heightened risk of contracting COVID-19. The complaint alleged that the conditions in the jail failed to meet CDC recommendations and amounted to a violation of the Americans with Disabilities Act and the Fourteenth Amendment. The parties moved for settlement by entry of a consent order implementing public health measures on May 26, which mooted the request for a preliminary injunction. The remainder of the litigation concerning the ADA and habeas claims remains ongoing.


Plaintiffs in this class action lawsuit, three people detained at the Allegheny County Jail (ACJ), filed this complaint in the District Court for the Western District of Pennsylvania on April 8, 2020. They were represented by the ACLU of Pennsylvania, Abolitionist Law Center, and Pennsylvania Institutional Law Project. The complaint alleged that the conditions in the jail increased the likelihood that they will contract COVID-19 in violation of the Americans with Disabilities Act and the Fourteenth Amendment. They sought declaratory and injunctive relief as well as writs of habeas corpus. The case was assigned to Judge Cathy Bissoon and the named defendants were Allegheny County and the warden of the jail.

The proposed class included a broader class with two subclasses. The broader class encompassed all current and future detainees at ACJ. The two subclasses were people who, by reason of age or medical condition, were particularly vulnerable to injury or death if they were to contract COVID-19 (“Medically-Vulnerable Subclass”), and persons who, by reason of their disability, were particularly vulnerable to injury or death if they were to contract COVID-19 (“Disability Subclass").

According to the complaint, after the declaration of a national emergency in light of COVID-19, the jail managed to decrease its population by 20% but failed to take the additional necessary steps to protect the people detained there. Rather than implementing best practices as recommended by the Centers for Disease Control, jail administration instead consolidated how people were housed, leaving an entire floor empty and increasing the number of people housed in cells with another person.

The plaintiffs filed a motion for a preliminary injunction on April 9, 2020, seeking immediate release from ACJ. After a status conference in May, the parties began working jointly on a consent order. They moved for settlement by entry of consent order on May 26, 2020.

The consent order included requirements that the defendants adopt and effectively implement a comprehensive policy entitled “Continuing of Operations Plan: COVID-19 (Updated)." This policy details updates to be made across all facets of operation in ACJ. The 17 major categories the policy covers are: 1) Employee screening; 2) Procedures for screening and housing determinations for new arrests/admissions to ACJ; 3) Treatment and isolation; 4) Specimen testing; 5) Contact study review; 6) Healthcare operations; 7) Prevention and education; 8) Non-essential services; 9) Courts, transfers, legal services, and releases; 10) Social distancing in general population units; 11) Dietary; 12) Environmental cleaning in employee areas, housing units, intake areas, and of restraints; 13) Inmate phone calls, hygiene, and recreation; 14) Population management; 15) Provision of sanitation and hygiene products; 16) Notification to PA Department of Health; and 17) Employee illness/staffing levels. The consent order also included weekly reporting requirements to plaintiffs' attorneys regarding illness in ACJ.

The court granted the consent order on May 27 and in doing so denied as moot the plaintiffs' motion for preliminary injunction in light of the agreement. The order explicitly did not resolve the plaintiffs' claims under the ADA or the habeas petitions.

The plaintiffs moved to extend the consent order on August 24, which Judge Bissoon granted that same day. The consent order was further extended on November 23 and February 22. The case is ongoing in alternative dispute resolution and discovery.

Summary Authors

Alex Moody (5/28/2020)

Chandler Hart-McGonigle (11/26/2020)

Tessa McEvoy (2/25/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17056009/parties/graham-v-allegheny-county/


Judge(s)

Bissoon, Cathy (Pennsylvania)

Eddy, Cynthia Reed (Pennsylvania)

Attorneys(s) for Plaintiff

Cozzens, Quinn (Pennsylvania)

Fathi, David Cyrus (District of Columbia)

Grote, Bret D. (Pennsylvania)

Kurin, Jaclyn (Pennsylvania)

Lobel, Jules L. (Pennsylvania)

Moore, Ryan M. (Pennsylvania)

Morgan-Kurtz, Alexandra T. (Pennsylvania)

Rose, Sara (Pennsylvania)

Judge(s)

Bissoon, Cathy (Pennsylvania)

Eddy, Cynthia Reed (Pennsylvania)

Attorneys(s) for Plaintiff

Cozzens, Quinn (Pennsylvania)

Fathi, David Cyrus (District of Columbia)

Grote, Bret D. (Pennsylvania)

Kurin, Jaclyn (Pennsylvania)

Lobel, Jules L. (Pennsylvania)

Moore, Ryan M. (Pennsylvania)

Morgan-Kurtz, Alexandra T. (Pennsylvania)

Rose, Sara (Pennsylvania)

Rosenberg, Rachel M. (Pennsylvania)

Sachse, Will W. (Pennsylvania)

Tulante, Sozi Pedro (Pennsylvania)

Uber, Swain (Pennsylvania)

Walczak, Witold J. (Pennsylvania)

Ward, Cory A. (Pennsylvania)

Attorneys(s) for Defendant

Bacharach, John A. (Pennsylvania)

Biondo, Dennis R. (Pennsylvania)

Szefi, Andrew F. (Pennsylvania)

Expert/Monitor/Master

Amon, Joseph J PhD (New Jersey)

Golob, Jonathan Louis (Michigan)

Weber, William (Illinois)

Documents in the Clearinghouse

Document

Docket [PACER]

May 3, 2021 Docket
1 (& 1-1 to 1-9)

Complaint

April 7, 2020 Complaint
18 (& 18-1 to 18-19)

Plaintiffs-Petitioners' Motion for Preliminary Injunction

April 9, 2020 Pleading / Motion / Brief
27

Plaintiff-Petitioners' Brief in Support of Motion for Preliminary Injunction

April 10, 2020 Pleading / Motion / Brief
60

Defendants' Answer and Affirmative Defenses

May 5, 2020 Pleading / Motion / Brief
59

Defendants' Response to Motion for Preliminary Injunction

May 5, 2020 Pleading / Motion / Brief
70

Joint Motion for Entry of Consent Order

May 26, 2020 Pleading / Motion / Brief
71

Consent Order

2020 WL 2772398

May 27, 2020 Order/Opinion
111

Medical Declaration regarding the Management of COVID-19 at Allegheny County Jail Reviewer: William Weber, MD, MPH

March 11, 2021 Monitor/Expert/Receiver Report

Resources

Title Description External URL

Graham et al. v. Allegheny County

ACLU of Pennsylvania

On April 7, 2020, the ACLU of Pennsylvania, Abolitionist Law Center, Pennsylvania Institutional Law Project, and the law firm Dechert LLP filed a federal class action lawsuit on behalf of three peopl… April 7, 2020 https://www.aclupa.org/en/cases/graham-et-al-v-allegheny-county

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17056009/graham-v-allegheny-county/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT/HABEAS CORPUS against ALLEGHENY COUNTY, ORLANDO HARPER (Filing fee, including Administrative fee, $400, receipt number 0315-5549914), filed by MICHAEL GRAHAM, HEATHER CONNOLLY, ALEXUS DIGGS. (Attachments: # 1 Civil Cover Sheet, # 2 Declaration-Amon, # 3 Amon, # 4 Declaration-Diggs, # 5 Declaration-Jones, # 6 Declaration-Graham, # 7 Employees, # 8 Letter from County, # 9 Declaration-Suggs) (sdp) (Main Document 1 replaced on 4/9/2020) (map) (Entered: 04/09/2020)

1 Civil Cover Sheet

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2 Declaration-Amon

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3 Amon

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4 Declaration-Diggs

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5 Declaration-Jones

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6 Declaration-Graham

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7 Employees

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8 Letter from County

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9 Declaration-Suggs

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April 8, 2020 RECAP
2

NOTICE of Appearance by John A. Bacharach on behalf of ALLEGHENY COUNTY, ORLANDO HARPER. (Bacharach, John) (Entered: 04/09/2020)

April 9, 2020 PACER

Order for Consent/DJO form

April 9, 2020 PACER

Case Management Order

April 9, 2020 PACER

Order

April 9, 2020 PACER

~Util - Set Response

April 9, 2020 PACER
3

TEXT ORDER - By NOON today, Plaintiffs' counsel is ORDERED to provide a copy of all pleadings in this case to counsel for Defendants and shall file a notification with the Court reflecting that this has been accomplished. It is further ORDERED that all counsel desiring to participate in this litigation must enter their appearances on the docket. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/9/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 04/09/2020)

April 9, 2020 PACER
4

NOTICE of Appearance by Alexandra T. Morgan-Kurtz on behalf of HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Morgan-Kurtz, Alexandra) (Entered: 04/09/2020)

April 9, 2020 PACER
5

NOTICE of Appearance by Dennis R. Biondo, Jr on behalf of ALLEGHENY COUNTY, ORLANDO HARPER. (Biondo, Dennis) (Entered: 04/09/2020)

April 9, 2020 PACER
6

NOTICE of Appearance by Witold J. Walczak on behalf of HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Walczak, Witold) (Entered: 04/09/2020)

April 9, 2020 PACER
7

NOTICE of Appearance by Andrew F. Szefi on behalf of ALLEGHENY COUNTY, ORLANDO HARPER. (Szefi, Andrew) (Entered: 04/09/2020)

April 9, 2020 PACER
8

NOTICE of Appearance by Sara Rose on behalf of HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Rose, Sara) (Entered: 04/09/2020)

April 9, 2020 PACER
9

TEXT ORDER - Telephonic Status Conference set for 4/9/2020 at 03:30 PM before Magistrate Judge Cynthia Reed Eddy. By separate email, all counsel of record will be given instructions on how to participate in the telephone conference. Signed by Chief Magistrate Judge Cynthia Reed Eddy. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 04/09/2020)

April 9, 2020 PACER
10

TEXT ORDER: In accordance with the case management system in place in this district, this case has been assigned to the undersigned for all pretrial matters. Therefore, it is ORDERED that on or before 4/9/2020 at 05:00 PM, the parties shall complete an election form either consenting to jurisdiction by the Magistrate Judge or electing to have a District Judge assigned to the case, and shall file the form with the Clerk's Office. A copy of the form can be found on this Court's website at: http://www.pawd.uscourts.gov/sites/pawd/files/Consent-to-Mag.pdf. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/9/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 04/09/2020)

April 9, 2020 PACER
11

NOTICE of Appearance by Quinn Cozzens on behalf of HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Cozzens, Quinn) (Entered: 04/09/2020)

April 9, 2020 PACER
12

NOTICE of Appearance by Swain Uber on behalf of HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Uber, Swain) (Entered: 04/09/2020)

April 9, 2020 PACER
13

CERTIFICATE of Compliance re 1 Complaint/Habeas Corpus by Bret Grote on behalf of HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM (Grote, Bret) Modified text on 4/16/2020 to add document linkage. (ept) (Entered: 04/09/2020)

April 9, 2020 PACER
14

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Morgan-Kurtz, Alexandra) (Entered: 04/09/2020)

April 9, 2020 PACER
15

EXHIBITS Declaration of Heather Connolly in Support of 1 Complaint by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Grote, Bret) (Entered: 04/09/2020)

April 9, 2020 PACER
16

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ALLEGHENY COUNTY, ORLANDO HARPER. (Bacharach, John) (Entered: 04/09/2020)

April 9, 2020 PACER

Magistrate Judge Cynthia Reed Eddy no longer assigned to case. (jmm)

April 9, 2020 PACER

Judge Cathy Bissoon presiding and Magistrate Judge Cynthia Reed Eddy referred. (jmm)

April 9, 2020 PACER
17

NOTICE of Appearance by Quinn Cozzens on behalf of HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Cozzens, Quinn) Document removed from public view and redocketed at 35 . Modified text on 4/16/2020. (ept) (Entered: 04/09/2020)

April 9, 2020 PACER
18

MOTION for Preliminary Injunction by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit) (Grote, Bret) (Entered: 04/09/2020)

1 Proposed Order

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2 Exhibit

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April 9, 2020 PACER
19

ORDER re 18 Motion for Preliminary Injunction, filed by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM, Set Response: Defendants' Response to Motion due by 4/15/2020. Signed by Judge Cathy Bissoon on 4/9/20. (jhi) (Entered: 04/09/2020)

April 9, 2020 PACER
20

MOTION for Leave to File Excess Pages in Brief in Support of Preliminary Injunction by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Proposed Order, # 2 Exhibit) (Grote, Bret) (Entered: 04/09/2020)

1 Proposed Order

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2 Exhibit

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April 9, 2020 PACER
21

Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/9/2020. (Court Reporter: none) (bsc) (Entered: 04/09/2020)

April 9, 2020 PACER
22

MOTION for attorney Will W. Sachse to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5554061) by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Sachse, Will) (Entered: 04/09/2020)

1 Exhibit Declaration

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2 Exhibit Certificate of Good Standing

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3 Proposed Order

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April 9, 2020 PACER
23

First MOTION for attorney Jaclyn B. Kurin to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5554101) by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Affidavit, # 2 Exhibit) (Kurin, Jaclyn) (Entered: 04/09/2020)

1 Affidavit

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2 Exhibit

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April 9, 2020 PACER
24

ORDER granting 22 Motion for Will W. Sachse to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/10/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.) (Entered: 04/10/2020)

April 10, 2020 PACER

Order on Motion to Appear Pro Hac Vice

April 10, 2020 PACER
25

ORDER granting 23 Motion for Jaclyn B. Kurin to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/10/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.) (Entered: 04/10/2020)

April 10, 2020 PACER
26

ORDER granting 20 Motion for Leave to File Excess Pages. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/10/2020. (nll) (Entered: 04/10/2020)

April 10, 2020 PACER
27

BRIEF in Support re 18 Motion for Preliminary Injunction, filed by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Grote, Bret) (Entered: 04/10/2020)

April 10, 2020 RECAP
28

MOTION for attorney Rachel M. Rosenberg to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5554648) by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Rosenberg, Rachel) (Entered: 04/10/2020)

1 Exhibit Declaration

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2 Exhibit Certificate of Good Standing

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3 Proposed Order

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April 10, 2020 PACER
29

MOTION for attorney Cory A. Ward to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5554799) by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Ward, Cory) (Entered: 04/10/2020)

1 Exhibit Declaration

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2 Exhibit Certificate of Good Standing

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3 Proposed Order

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April 10, 2020 PACER
30

TEXT ORDER granting 28 Motion for Rachel M. Rosenberg to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/10/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 04/10/2020)

April 10, 2020 PACER
31

TEXT ORDER granting 29 Motion for Cory A. Ward to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/10/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 04/10/2020)

April 10, 2020 PACER
32

MOTION for attorney Ryan M. Moore to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5555178) by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Moore, Ryan) (Entered: 04/10/2020)

1 Exhibit Declaration

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2 Exhibit Certificate of Good Standing

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3 Proposed Order

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April 10, 2020 PACER
33

TEXT ORDER granting 32 Motion for Ryan M. Moore to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/10/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 04/10/2020)

April 10, 2020 PACER
34

Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/10/2020. (Court Reporter: none) (bsc) (Entered: 04/10/2020)

April 10, 2020 PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 17 Notice of Appearance. ERROR: Signature on document and filer do not match or Wrong Document attached CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (jd)

April 10, 2020 PACER
35

NOTICE of Appearance by Jules Lobel on behalf of MICHAEL GRAHAM. (Lobel, Jules) (Entered: 04/10/2020)

April 10, 2020 PACER
36

Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/13/2020. (Court Reporter: none) (bsc) (Entered: 04/13/2020)

April 13, 2020 PACER

Order on Motion for Extension of Time to File Response/Reply

April 13, 2020 PACER
37

MOTION for attorney Sozi Pedro Tulante to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5558224) by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Tulante, Sozi) (Entered: 04/13/2020)

1 Exhibit Declaration

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2 Exhibit Certificate of Good Standing

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3 Proposed Order

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April 13, 2020 PACER
38

Consent MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Preliminary Injunction by ALLEGHENY COUNTY, ORLANDO HARPER. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Proposed Order) (Bacharach, John) (Entered: 04/13/2020)

1 Proposed Order

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April 13, 2020 PACER
39

MOTION for attorney David Fathi to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5558356) by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Declaration of David Fathi, # 2 Exhibit A, # 3 Proposed Order) (Fathi, David) (Entered: 04/13/2020)

1 Declaration of David Fathi

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2 Exhibit A

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3 Proposed Order

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April 13, 2020 PACER
40

ORDER granting 38 Defendants' unopposed Motion for Extension of Time to File Response to Plaintiffs' Motion (Doc. 18 ) for a Preliminary Injunction. Defendants' response now is due by 4/21/20. Signed by Judge Cathy Bissoon on 4/13/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 04/13/2020)

April 13, 2020 PACER
41

TEXT ORDER granting 37 Motion for Sozi Pedro Tulante to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/14/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 04/14/2020)

April 14, 2020 PACER

Order on Motion to Appear Pro Hac Vice

April 14, 2020 PACER
42

ORDER granting 39 Motion for David Fathi to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/14/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nll) (Entered: 04/14/2020)

April 14, 2020 PACER
43

Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/16/2020. (Court Reporter: none) (bsc) (Entered: 04/16/2020)

April 16, 2020 PACER

Order on Motion to Intervene

April 16, 2020 PACER
44

MOTION to Intervene by Frederick Banks. Motion referred to Cynthia Reed Eddy. (Attachments: # 1 Envelope) (ept) (Entered: 04/16/2020)

1 Envelope

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April 16, 2020 PACER
45

ORDER. Frederick Banks's Motion 44 to intervene is DENIED. The only conceivable and proper role, and scope, of Movant's participation in this lawsuit is as that of a putative class member. The class-certification aspects of this lawsuit having not yet been adjudicated, Movant's request to intervene is premature. See generally United Airlines, Inc. v. McDonald, 432 U.S. 385, 394 (U.S. 1977) (discouraging intervention where allowance "would only... ma[ke] the [movant] a superfluous spectator"). Signed by Judge Cathy Bissoon on 4/16/20. Staff note: On the Court's next business day, a copy of this filing will be sent, via First-Class U.S. Mail, to Movant at the return address listed on his letter of submission (Frederick Banks, 120759 6F, Allegheny County Jail, 950 2nd Avenue, Pittsburgh, PA 15219). Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 04/16/2020)

April 16, 2020 PACER
46

Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/21/2020. (Court Reporter: none) (bsc) (Entered: 04/21/2020)

April 21, 2020 PACER

Order on Motion for Extension of Time to File Response/Reply

April 21, 2020 PACER
47

Unopposed MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Preliminary Injunction to April 28, 2020 by ALLEGHENY COUNTY, ORLANDO HARPER. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Proposed Order) (Bacharach, John) (Entered: 04/21/2020)

1 Proposed Order

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April 21, 2020 PACER
48

ORDER granting 47 Defendants' unopposed Motion for Extension of Time to File Response to Plaintiffs' Motion (Doc. 18 ) for a Preliminary Injunction. Defendants' response now is due by 4/28/20. Signed by Judge Cathy Bissoon on 4/21/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 04/21/2020)

April 21, 2020 PACER
49

Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/22/2020. (Court Reporter: none) (bsc) (Entered: 04/22/2020)

April 22, 2020 PACER
50

Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/23/2020. (Court Reporter: none) (bsc) (Entered: 04/23/2020)

April 23, 2020 PACER

IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI)

April 26, 2020 PACER
51

Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/27/2020. (Court Reporter: none) (bsc) (Entered: 04/27/2020)

April 27, 2020 PACER
52

Consent MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Preliminary Injunction by ALLEGHENY COUNTY, ORLANDO HARPER. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Proposed Order) (Bacharach, John) (Entered: 04/27/2020)

1 Proposed Order

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April 27, 2020 PACER
53

ORDER granting 52 Defendants' unopposed Motion for Extension of Time to File Response to Plaintiffs' Motion (Doc. 18 ) for a Preliminary Injunction. Defendants' response now is due by 5/5/20. Signed by Judge Cathy Bissoon on 4/28/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 04/28/2020)

April 28, 2020 PACER

Order on Motion for Extension of Time to File Response/Reply

April 28, 2020 PACER
54

Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/29/2020. (Court Reporter: none) (bsc) (Entered: 04/29/2020)

April 29, 2020 PACER
55

Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 5/1/2020. The parties are to submit a proposed joint case management order by Monday, May 4, 2020 at 10:00 am. (Court Reporter: none) (bsc) (Entered: 05/01/2020)

May 1, 2020 PACER

~Util - Set Hearings

May 1, 2020 PACER

Order

May 1, 2020 PACER
56

ORDER, a Telephone Status Conference is now set for 5/5/20 at 1:00pm. Only counsel shall participate and is directed to call USA Toll-Free Number (877) 336-1831. In the event of a prolonged busy signal, counsel is directed to call 404-443-6397. A security code will be emailed to counsel, following the entry of this order. Signed by Judge Cathy Bissoon on 5/1/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jhi) (Entered: 05/01/2020)

May 1, 2020 PACER
57

STIPULATED PROTECTIVE ORDER by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Rose, Sara) (Entered: 05/05/2020)

May 5, 2020 PACER
58

Minute Entry for proceedings held before Judge Cathy Bissoon: Telephonic Status Conference held on 5/5/20. Detailed notes regarding the outcome of this Conference are contained in the paper-Minutes associated with this docket entry. (Court Reporter: Karen Earley) (dcd) (Entered: 05/05/2020)

May 5, 2020 PACER
59

RESPONSE to Motion re 18 MOTION for Preliminary Injunction filed by ALLEGHENY COUNTY, ORLANDO HARPER. (Attachments: # 1 Proposed Order) (Bacharach, John) (Entered: 05/05/2020)

1 Proposed Order

View on PACER

May 5, 2020 RECAP
60

ANSWER to 1 Complaint, by ALLEGHENY COUNTY, ORLANDO HARPER. (Bacharach, John) (Entered: 05/05/2020)

May 5, 2020 PACER
61

ORDER, a Telephonic Status Conference is now set for 5/8/2020 at 02:00 PM before Judge Cathy Bissoon. Only counsel shall participate and is directed to call USA Toll-Free Number (877) 336-1831. In the event of a prolonged busy signal, counsel is directed to call 404-443-6397. The Access Code is 6058460 for both telephone numbers. A security code will be emailed to counsel following the entry of this order. Signed by Judge Cathy Bissoon on 5/6/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jhi) (Entered: 05/06/2020)

May 6, 2020 PACER

~Util - Set Hearings

May 6, 2020 PACER

Order

May 6, 2020 PACER
62

NOTICE OF APPEAL as to 45 Order on Motion to Intervene by FREDERICK BANKS. Motion for IFP N/A. Certificate of Appealability N/A. Court Reporter(s): N/A. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Attachments: # 1 Envelope) (ept) (Entered: 05/06/2020)

1 Envelope

View on PACER

May 6, 2020 PACER
63

ORDER re Notice of Appeal 62 filed by Frederick Banks. Even assuming that Mr. Banks presently has a right to appeal the denial of his Motion to Intervene (Doc. 44 ), this Court retains jurisdiction over all matters unrelated thereto. Smith v. Township of Aleppo, 2005 WL 4984381, *2 (W.D. Pa. Aug. 24, 2005); accord Alice L. v. Dusek, 492 F.3d 563, 564 (5th Cir. 2007). Accordingly, all other aspects of this litigation shall proceed unencumbered. Signed by Judge Cathy Bissoon on 5/6/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) Staff note: a copy of today's filings will be sent, via First-Class U.S. Mail, to the filer at the return-address listed on his envelope of submission (Frederick Banks, 120759 6F, Allegheny County Jail, 950 2nd Avenue, Pittsburgh, PA 15219-3100). (Entered: 05/06/2020)

May 6, 2020 PACER
64

ORDER approving 57 Stipulated Protective Order. Signed by Judge Cathy Bissoon on 5/6/20. (dcd) (Entered: 05/06/2020)

May 6, 2020 RECAP
65

USCA Case Number 20-1968 for 62 Notice of Appeal, filed by FREDERICK BANKS. USCA Case Manager Carmella (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (cw3) (Entered: 05/07/2020)

May 7, 2020 PACER
66

Minute Entry for proceedings held before Judge Cathy Bissoon: Telephonic Status Conference held on 5/8/20. The parties have exchanged drafts of a proposed consent decree/order, and are nearing its finalization. The Court will order a telephonic status conference for Thursday May 14th at 11:15 a.m. to discuss how the case will proceed. (Court Reporter: Karen Earley) (dcd) (Entered: 05/08/2020)

May 8, 2020 PACER
67

ORDER, a Telephone Status Conference is now set for 5/14/20 at 11:15am. Only counsel shall participate and is directed to call USA Toll-Free Number (877) 336-1831. In the event of a prolonged busy signal, counsel is directed to call 404-443-6397. The Access Code is 6058460 for both telephone numbers, A security code will be emailed to counsel, following the entry of this order. Signed by Judge Cathy Bissoon on 5/1/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jhi) (Entered: 05/11/2020)

May 11, 2020 PACER

~Util - Set Hearings

May 11, 2020 PACER

Order

May 11, 2020 PACER
68

ORDER. At the request of counsel, the Telephonic Status Conference set for 5/14/20 at 11:15 a.m. is RESCHEDULED for Wednesday, 5/20/20, at 2:30 p.m. Only counsel shall participate, and participants are directed to call USA Toll-Free Number (877) 336-1831. In the event of a prolonged busy signal, counsel are directed to call 404-443-6397. The Access Code is 6058460 for both telephone numbers, and the security code will be the same as previously supplied to counsel on 5/11/20. Signed by Judge Cathy Bissoon on 5/13/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 05/13/2020)

May 13, 2020 PACER

1 - Terminate Hearings

May 13, 2020 PACER

~Util - Set Hearings

May 13, 2020 PACER

Order

May 13, 2020 PACER

FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI)

May 16, 2020 PACER
69

Minute Entry for proceedings held before Judge Cathy Bissoon: Telephonic Status Conference held on 5/20/2020. By 5/22/20, counsel jointly will submit a proposed consent order resolving the preliminary-injunction aspect of this litigation. Assuming and once the Court adopts the order, the case will be handed back to Chief Magistrate Judge Eddy for continued pretrial proceedings. (Court Reporter: Karen Earley) (dcd) (Entered: 05/20/2020)

May 20, 2020 PACER
70

Joint MOTION for Settlement Entry of Consent Order by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Grote, Bret) (Entered: 05/26/2020)

1 Exhibit

View on PACER

2 Proposed Order

View on PACER

May 26, 2020 PACER
71

ORDER granting 70 Joint Motion for approval of Consent Order. The Consent Order is adopted, with additions in paras. 4 & 17. Signed by Judge Cathy Bissoon on 5/27/20. (dcd) (Entered: 05/27/2020)

May 27, 2020 PACER
72

ORDER. Consistent with the contents of the Consent Order, Plaintiffs' Motion for Preliminary Injunction (Doc. 18 ) is DENIED AS MOOT. Otherwise, the case is returned to Chief Magistrate Judge Cynthia Reed Eddy for pretrial proceedings. Finally, the Court highlights that counsel must be familiar, and prepared to comply, with any and all remaining, applicable provisions of 18 U.S.C. ยง 3626. Signed by Judge Cathy Bissoon on 5/27/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 05/27/2020)

May 27, 2020 PACER

Order on Motion for Preliminary Injunction

May 27, 2020 PACER
73

STATUS REPORT TEXT ORDER: On or before June 8, 2020, each side shall file a status report stating its position on the following: (1) what issues remain in the case, and, as mentioned in Judge Bissoon's Order of 5/27/2020, what is the effect of the applicable provisions of 18 U.S.C. ยง 3636 on those issues; (2) is it anticipated that supplemental briefing will be necessary and, if so, identify on what issues supplemental briefing will be needed; and (3) in light of the Consent Order 71, is it anticipated that dispositive motions will be filed. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 5/28/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 05/28/2020)

May 28, 2020 PACER

Status Report Order

May 28, 2020 PACER
74

STATUS REPORT by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Grote, Bret) (Entered: 06/08/2020)

June 8, 2020 PACER

State / Territory: Pennsylvania

Case Type(s):

Jail Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 9, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three people detained in the Allegheny County Jail at heightened risk of serious illness or death if they were to contract COVID-19

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Allegheny County (Allegheny), State

Allegheny County Jail (Pittsburgh , Allegheny), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

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: 2020 - None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

COVID-19:

CDC Guidance ordered implemented

Contact tracing ordered

COVID reporting ordered

COVID testing ordered/modified

Independent monitor/inspector imposed/assisted

Inspection ordered/regulated

Mitigation Denied

Mitigation Granted

Mitigation Requested

Out-of-cell time regulated

PPE-ordered provided to prisoners for free

PPE-ordered worn by staff

Programming regulated

Quarantine/isolation ordered

Release Denied

Release-process created/modified

Release Requested

Sanitizer/Handsoap ordered made available/used

Social distancing ordered

Transfer-ordered or process created/modified

Video court ordered

Wellness/temperature checks ordered

Type of Facility:

Government-run