Case: Brown v. Marler

2:20-cv-01914 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: April 15, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a class action complaint requesting declaratory and injunctive relief to prevent infection of those confined in Philadelphia’s Federal Detention Center (“FDC”), as well as writs of habeas corpus to achieve temporary release from FDC for the named petitioners and other detainees at an elevated risk from COVID-19. No outcome yet. On April 15, 2020, three inmates filed a class-action complaint and petition for writs of habeas corpus in the U.S. District Court for the East…

COVID-19 Summary: This is a class action complaint requesting declaratory and injunctive relief to prevent infection of those confined in Philadelphia’s Federal Detention Center (“FDC”), as well as writs of habeas corpus to achieve temporary release from FDC for the named petitioners and other detainees at an elevated risk from COVID-19. No outcome yet.


On April 15, 2020, three inmates filed a class-action complaint and petition for writs of habeas corpus in the U.S. District Court for the Eastern District of Pennsylvania. The petitioners, represented by the Public Interest Law Center and private counsel, sued under 28 U.S.C. § 2241, alleging Fifth and Eighth Amendment violations. Petitioners sought to represent a class consisting of all current and future pretrial detainees, presentenced detainees, and sentenced inmates in custody at Philadelphia's Federal Detention Center ("FDC") during the course of the COVID-19 pandemic. The case was assigned to Judge Anita B. Brody.

According to the petition, there were approximately 1,030 people detained at the FDC, the majority being pretrial detainees. While the FDC had halted social visits and most attorney visitation on March 13, 2020, petitioners alleged that correctional officers came in and out every day without adequate medical screening. Petitioners further alleged that the sporadic use of masks and gloves was insufficient to prevent the spread of the virus, especially because detainees had only limited access to personal hygiene products. The three named petitioners claimed that they were particularly vulnerable because they suffered from underlying conditions that could cause complications if they contracted COVID-19.

Petitioners sought immediate release of vulnerable persons to home confinement, with appropriate precautionary public health and safety measures, and an order requiring respondent to mitigate the serious risk of illness, death, and harm from

COVID-19 to those who remained confined at the FDC. Additionally, they sought the appointment of a Special Master to chair a Coronavirus Release Committee, which would make recommendations on release decisions and mitigation of prison conditions.

The Bureau of Prisons, which runs FDC, filed a motion to dismiss on April 20, 2020, claiming that the court did not have subject-matter jurisdiction over pretrial detainees to entertain the petition and that the petition was meritless. The court authorized the petitioners to engage in limited jurisdictional discovery, which did not include an on-site inspection, to evaluate whether “extraordinary circumstances” justified exercising habeas jurisdiction over the pretrial detainees at the FDC. 2020 WL 1975064.

On May 2, 2020, in light of respondent’s letters stating that FDC staff members had tested positive for COVID-19, Judge Brody entered an order requiring that similar updates be immediately docketed. On May 14, 2020, Judge Brody ordered that if respondent learned that any inmate or staff member had tested positive for COVID-19, respondent had to immediately report that fact to the court.

The Court denied the defendant's motion to dismiss for lack of jurisdiction on September 15, 2020. The Court relied on Third Circuit precedent in holding that the COVID-19 pandemic satisfied the "extraordinary circumstances" necessary to seek habeas relief.

The Court approved a joint inspection protocol for experts from either side to conduct an inspection of the Federal Detention Center in Philadelphia on October 8, 2020. The inspectors were authorized to inspect the staff entryway, the receiving and discharge areas, and various housing units.

As of February 2021, the parties continue to engage in discovery with defendants supplying updates on ongoing COVID-19 testing and cases among staff members. The case remains ongoing.

Summary Authors

Elena Malik (7/17/2020)

Justin Hill (10/25/2020)

Tessa McEvoy (2/20/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17071902/parties/brown-v-pistro/


Judge(s)

Brody, Anita Blumstein (Pennsylvania)

Attorneys(s) for Plaintiff

Davy, James (Pennsylvania)

Geffen, Benjamin D. (Pennsylvania)

Hoffa, Linda Dale (Pennsylvania)

Mckenzie, Mary M. (Pennsylvania)

Persico, Margaret Spitzer (Pennsylvania)

Rodkey, David (Pennsylvania)

Attorneys(s) for Defendant

Becker, Susan R. (Pennsylvania)

David, Gregory B. (Pennsylvania)

Jones, Landon Y. (Pennsylvania)

Judge(s)

Brody, Anita Blumstein (Pennsylvania)

Attorneys(s) for Plaintiff

Davy, James (Pennsylvania)

Geffen, Benjamin D. (Pennsylvania)

Hoffa, Linda Dale (Pennsylvania)

Mckenzie, Mary M. (Pennsylvania)

Persico, Margaret Spitzer (Pennsylvania)

Rodkey, David (Pennsylvania)

Attorneys(s) for Defendant

Becker, Susan R. (Pennsylvania)

David, Gregory B. (Pennsylvania)

Jones, Landon Y. (Pennsylvania)

McSwain, William M. (District of Columbia)

Melley, Rebecca S. (Pennsylvania)

Zauzmer, Robert A. (Pennsylvania)

Documents in the Clearinghouse

Document

2:20-cv-01914

Docket [PACER]

Brown v. Pistro

Feb. 18, 2021

Feb. 18, 2021

Docket
1

2:20-cv-01914

Complaint

April 15, 2020

April 15, 2020

Complaint
12 (& 12-1 to 12-7)

2:20-cv-01914

Respondent’s Motion to Dismiss the Petition and Class Action Complaint

April 20, 2020

April 20, 2020

Pleading / Motion / Brief
17

2:20-cv-01914

Petitioners' Brief in Opposition to Respondent's Motion to Dismiss the Petition and Class Action Complaint

April 21, 2020

April 21, 2020

Pleading / Motion / Brief
20

2:20-cv-01914

Memorandum

April 24, 2020

April 24, 2020

Order/Opinion
101

2:20-cv-01914

Order

Sept. 15, 2020

Sept. 15, 2020

Order/Opinion
110

2:20-cv-01914

Joint Inspection Protocol

Oct. 6, 2020

Oct. 6, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17071902/brown-v-pistro/

Last updated Aug. 26, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 0313-14238940.), filed by TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN. (Attachments: # 1 Case Management Track Form, # 2 Designation Form)(HOFFA, LINDA) (Entered: 04/15/2020)

1 Case Management Track Form

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2 Designation Form

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April 15, 2020

April 15, 2020

PACER
2

NOTICE of Appearance by REBECCA SANTORO MELLEY on behalf of SEAN MARLER with Certificate of Service(MELLEY, REBECCA) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
3

NOTICE of Appearance by LANDON Y. JONES on behalf of SEAN MARLER with Certificate of Service(JONES, LANDON) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
4

Minute Entry for proceedings held before HONORABLE ANITA B. BRODY Telephone Conference held on 4/17/20 Court Reporter: ESR. (jpd, ) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
5

ORDER THAT :1.ON OR BEFORE APRIL 20, 2020, NO LATER THAN 5:00 PM EST, RESPONDENT MUST FILE A RESPONSE TO PETITIONERS PETITION FOR WRIT OF HABEAS CORPUS 1 . THIS RESPONSE MUST INCLUDE ANY LEGAL OBJECTIONS. 2.ON OR BEFORE APRIL 21, 2020, NO LATER THAN 5:00 PM EST, PETITIONERS MUST FILE A REPLY TO RESPONDENTS RESPONSE. THIS REPLY MUST INCLUDE PROPOSALS FOR POTENTIAL DISCOVERY.. SIGNED BY HONORABLE ANITA B. BRODY ON 4/19/20. 4/19/20 ENTERED AND COPIES E-MAILED.(jwl, ) (Entered: 04/19/2020)

April 19, 2020

April 19, 2020

PACER
6

NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 4/20/2020 10:30 AM BEFORE HONORABLE ANITA B. BRODY.(jwl, ) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
7

NOTICE of Hearing:THE TELEPHONE CONFERENCE SCHEDULED FOR 4/20/2020 AT 10:30 AM IS CANCELLED. A TELEPHONE CONFERENCE IS NOW SCHEDULED FOR 4/20/2020 AT 01:00 PM BEFORE HONORABLE ANITA B. BRODY.(jwl, ) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
8

NOTICE of Appearance by ROBERT A. ZAUZMER on behalf of SEAN MARLER with Certificate of Service(ZAUZMER, ROBERT) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
9

NOTICE of Appearance by JAMES P. DAVY on behalf of TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN with Certificate of Service(DAVY, JAMES) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
10

NOTICE of Appearance by BENJAMIN D. GEFFEN on behalf of TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN with Certificate of Service(GEFFEN, BENJAMIN) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
11

Minute Entry for proceedings held before HONORABLE ANITA B. BRODY Telephone Conference held on 4/20/20. Re: Petition for Habeas Corpus. Court Reporter: ESR. (fdc) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
12

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by SEAN MARLER.Brief, Declarations, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Brief, # 3 Exhibit A - Memorandum (April 6, 2020), # 4 Exhibit B - Hall, Memorandum & Order, # 5 Declaration of Warden Sean Marler (with exhibits), # 6 Declaration of Dawn Nechupas (with exhibits), # 7 Certificate of Service)(JONES, LANDON) (Entered: 04/20/2020)

1 Text of Proposed Order

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2 Brief

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3 Exhibit A - Memorandum (April 6, 2020)

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4 Exhibit B - Hall, Memorandum & Order

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5 Declaration of Warden Sean Marler (with exhibits)

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6 Declaration of Dawn Nechupas (with exhibits)

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7 Certificate of Service

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April 20, 2020

April 20, 2020

PACER
13

ORDER THAT ON OR BEFORE APRIL 21, 2020, NO LATER THAN 3:00PM EST, BOTH PARTIES MUST IDENTIFY AN INSPECTOROR INSPECTORSTO GO INTO THE PHILADELPHIA FEDERAL DETENTION CENTER. SIGNED BY HONORABLE ANITA B. BRODY ON 4/20/20. 4/20/20 ENTERED AND COPIES E-MAILED.(jwl, ) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
14

Supplement re 12 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by SEAN MARLER. Certificate of Service. (lisad, ) (lisad, ). (Entered: 04/21/2020)

April 20, 2020

April 20, 2020

PACER
15

Response re 13 Order, --- Letter identifying Inspector pursuant to April 20th Order by TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN. (HOFFA, LINDA) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
16

Response re 13 Order, regarding inspection by SEAN MARLER. (JONES, LANDON) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
17

RESPONSE in Opposition re 12 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(HOFFA, LINDA) (Entered: 04/21/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Text of Proposed Order

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April 21, 2020

April 21, 2020

PACER
18

Response by Petitioners to the April 21st letter filed by Respondent --- re 16 Response by TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN. (HOFFA, LINDA) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
19

REPLY to Response to Motion re 12 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim and Response to April 22, 2020 Letter filed by SEAN MARLER. (Attachments: # 1 Exhibit Livas v. Myers (W.D. La.), # 2 Exhibit Wilson v. Williams (N.D. Oh.))(JONES, LANDON) (Entered: 04/23/2020)

1 Exhibit Livas v. Myers (W.D. La.)

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2 Exhibit Wilson v. Williams (N.D. Oh.)

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April 23, 2020

April 23, 2020

PACER
20

MEMORANDUM re: Jurisdictional Discovery. SIGNED BY HONORABLE ANITA B. BRODY ON 4/24/20. 4/24/20 ENTERED AND COPIES E-MAILED.(jwl, ) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

RECAP
21

ORDER re: JURISDICTIONAL DISCOVERY. SIGNED BY HONORABLE ANITA B. BRODY ON 4/24/20. 4/24/20 ENTERED AND COPIES E-MAILED.(jwl, ) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

RECAP
22

NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 4/27/2020 AT 03:00 PM BEFORE HONORABLE ANITA B. BRODY.(jwl, ) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
23

ORDER THAT THE COURTS APRIL 21, 2020 ORDER 21 IS AMENDED AS FOLLOWS: THE DEADLINE IS EXTENDED TO APRIL 29, 2020, NO LATER THAN 10:30 AM EST THE TELEPHONE CONFERENCE SCHEDULED FOR 04/27/2020 AT 3:00 PM IS CANCELLED.. SIGNED BY HONORABLE ANITA B. BRODY ON 4/27/20. 4/27/20 ENTERED AND COPIES E-MAILED.(jwl, ) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
24

NOTICE re: Cancellation of Hearing(jwl, ) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
25

Response to Court Order re discovery re 21 Order (Memorandum and/or Opinion) by SEAN MARLER. (JONES, LANDON) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
26

Response re 25 Response to Court Order re discovery re 21 Order by TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN. (HOFFA, LINDA) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
27

Response re 23 Order, Response To Court's Order re: proposed discovery plan by TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN. (HOFFA, LINDA) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
28

Response re: Jurisdictional Discovery re 23 Order, 21 Order (Memorandum and/or Opinion) by SEAN MARLER. (JONES, LANDON) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
29

ORDER THAT ON OR BEFORE APRIL 29 2020, NO LATER THAN 3:00 PM EST, PETITIONERS MUST FILE ON THE DOCKET ALL OF THE JURISDICTIONAL DISCOVERY REQUESTS REFERENCED IN THEIR APRIL 29, 2020 PROPOSED DISCOVERY PLAN 27 . SIGNED BY HONORABLE ANITA B. BRODY ON 04/29/20. 04/29/20 ENTERED AND COPIES E-MAILED.(jwl, ) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
30

Response re 29 Order, Discovery Requests in Response to Order by TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN. (Attachments: # 1 Request) (HOFFA, LINDA) (Entered: 04/29/2020)

1 Request

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April 29, 2020

April 29, 2020

PACER
31

Response re 29 Order, 30 Response to Order with Requests for Admission and Declarations by TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN. (Attachments: # 1 Requests for Admission, # 2 Declaration of Tim Brown, # 3 Declaration of Myles Hannigan, # 4 Declaration of Anthony Hall) (HOFFA, LINDA) (Entered: 04/29/2020)

1 Requests for Admission

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2 Declaration of Tim Brown

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3 Declaration of Myles Hannigan

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4 Declaration of Anthony Hall

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April 29, 2020

April 29, 2020

PACER
32

NOTICE by SEAN MARLER Letter re: FDC Staff Update (JONES, LANDON) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
33

ORDER re: Government Objections to Discovery Requests. SIGNED BY HONORABLE ANITA B. BRODY ON 4/30/20. 4/30/20 ENTERED AND COPIES E-MAILED.(jwl, ) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
34

NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 5/6/2020 03:00 PM BEFORE HONORABLE ANITA B. BRODY.(jwl, ) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
35

NOTICE of Appearance by MARY M. MCKENZIE on behalf of TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN (MCKENZIE, MARY) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
36

NOTICE by SEAN MARLER Letter re: FDC Staff Update (JONES, LANDON) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
37

Response re 26 Response attaching inspection report of MDC Brooklyn by TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN. (HOFFA, LINDA) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
38

ORDER IN LIGHT OF RESPONDENTS APRIL 30, 2020 32 AND MAY 1, 2020 36 LETTERS STATING THAT FDC STAFF MEMBERS HAVE TESTED POSITIVE FOR COVID-19, IT IS ORDERED THAT ANY SIMILAR UPDATES MUST BE IMMEDIATELY DOCKETED.. SIGNED BY HONORABLE ANITA B. BRODY ON 5/2/20. 5/2/20 ENTERED AND COPIES E-MAILED.(jwl, ) (Entered: 05/02/2020)

May 2, 2020

May 2, 2020

PACER
39

Response to Court Order re: filing specific objections to discovery re 33 Order (Objections to Interrogatories) by SEAN MARLER. (Attachments: # 1 Objections to Requests for Production) (JONES, LANDON) (Entered: 05/04/2020)

1 Objections to Requests for Production

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May 4, 2020

May 4, 2020

PACER
40

Response re 33 Order --- Response to Respondents Objections to Limited Interrogatories and Requests for Production of Documents by TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN. (HOFFA, LINDA) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
41

NOTICE by SEAN MARLER re 38 Order, Letter Update re: FDC Staff and Other Matters (JONES, LANDON) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
42

Minute Entry for proceedings held before HONORABLE ANITA B. BRODY Telephone Conference held on 5/6/20 Court Reporter: ESR. (jl, ) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
43

Response --- Letter by Petitioners requesting intervention of the Court on a discovery matter re 42 Telephone Conference by TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (HOFFA, LINDA) (Entered: 05/11/2020)

1 Exhibit A

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2 Exhibit B

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May 11, 2020

May 11, 2020

PACER
44

ORDER THAT ON OR BEFORE MAY 12, 2020, NO LATER THAN 10:00 A.M. EST, RESPONDENT MUST SHOW CAUSE WHY SEAN MARLER SHOULD NOT APPEAR FOR A TELEPHONE DEPOSITION ON WEDNESDAY, MAY 13, 2020.. SIGNED BY HONORABLE ANITA B. BRODY ON 5/11/20. 5/11/20 ENTERED AND COPIES E-MAILED.(jwl, ) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

RECAP
45

Response to Petitioners' Letter of May 11, 2020 re 43 Response by SEAN MARLER. (JONES, LANDON) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
46

ORDER that the Court will hold a telephone conference on Wednesday, May 13, 2020, at 2:00 p.m. EST, to address whether Sean Marler should appear in a telephone deposition on Thursday, May 14, 2020.Phone: 1-571-353-2300 then enter 712575170# ( TELEPHONE CONFERENCE SET FOR 5/13/2020 02:00 PM BEFORE HONORABLE ANITA B. BRODY.). SIGNED BY HONORABLE ANITA B. BRODY ON 5/11/20. 5/11/20 ENTERED AND COPIES E-MAILED.(jwl, ) Modified on 5/11/2020 (jwl, ). (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
47

NOTICE by SEAN MARLER re 38 Order, Letter re: FDC Update (JONES, LANDON) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
48

Minute Entry for proceedings held before HONORABLE ANITA B. BRODY Telephone Conference held on 5/13/20 Court Reporter: ESR. (jl, ) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
49

ORDER THAT IF RESPONDENT LEARNS THAT ANY INMATE OR STAFF MEMBER HAS TESTED POSITIVE FOR COVID-19, RESPONDENT MUST IMMEDIATELY REPORT THAT FACT TO THE COURT IN A FILING ON THE DOCKET.. SIGNED BY HONORABLE ANITA B. BRODY ON 5/14/20. 5/14/20 ENTERED AND COPIES E-MAILED.(jwl, ) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
50

NOTICE by SEAN MARLER re 38 Order, Letter re: FDC Update (JONES, LANDON) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
51

ORDER THAT BOTH PARTIES MUST SUBMIT SUPPLEMENTAL BRIEFS, ( Petitioner Brief due by 5/20/2020., Respondant Brief due by 5/26/2020.). SIGNED BY HONORABLE ANITA B. BRODY ON 5/15/20. 5/15/20 ENTERED AND COPIES E-MAILED.(jwl, ) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

RECAP
52

Audio File 5/13/2020 2:06 P.M., regarding Telephone Conference held on 5/13/2020, before HONORABLE ANITA B. BRODY (jwl, ) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
53

NOTICE by SEAN MARLER Letter re: FDC Update (JONES, LANDON) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
54

RESPONSE in Opposition re 12 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim --- Supplemental Brief in Opposition to Respondent's Motion to Dismiss the Petition and Class Action Complaint filed by TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(HOFFA, LINDA) (Entered: 05/20/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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May 20, 2020

May 20, 2020

PACER
55

Transcript of Telephone Conference held on 5/13/20, before Judge ANITA B. BRODY. Court Reporter/Transcriber ESR. (jaa, ) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
56

Supplemental Brief in Support re 12 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Supplemental Brief) filed by SEAN MARLER. (Attachments: # 1 Exhibit A (Sean Marler Deposition Transcript), # 2 Exhibit B (Alisha Gallagher Deposition Transcript), # 3 Exhibit C (Kevin Cassano Deposition Transcript), # 4 Exhibit D (Supplemental Declaration of Warden Sean Marler), # 5 Exhibit E (Declaration of Alisha Gallagher with Exhibits), # 6 Exhibit F (Email from L. Hoffa to Federal Criminal Law Committee), # 7 Exhibit G (Email from R. Zauzmer to L. Hoffa), # 8 Exhibit H (Table of Bail Motions), # 9 Exhibit I (Email from Judge DuBois to J. Feinberg), # 10 Exhibit J (CDC Interim Guidance))(JONES, LANDON) Modified on 5/27/2020 (lisad, ). (Entered: 05/26/2020)

1 Exhibit A (Sean Marler Deposition Transcript)

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2 Exhibit B (Alisha Gallagher Deposition Transcript)

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3 Exhibit C (Kevin Cassano Deposition Transcript)

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4 Exhibit D (Supplemental Declaration of Warden Sean Marler)

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5 Exhibit E (Declaration of Alisha Gallagher with Exhibits)

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6 Exhibit F (Email from L. Hoffa to Federal Criminal Law Committee)

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7 Exhibit G (Email from R. Zauzmer to L. Hoffa)

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8 Exhibit H (Table of Bail Motions)

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9 Exhibit I (Email from Judge DuBois to J. Feinberg)

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10 Exhibit J (CDC Interim Guidance)

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May 26, 2020

May 26, 2020

PACER
57

NOTICE by SEAN MARLER re 12 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Supplemental Authority re: Wragg v. Ortiz (D.N.J. May 27, 2020) (JONES, LANDON) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
58

Minute Entry for proceedings held before HONORABLE ANITA B. BRODY Telephone Conference held on 5/27/20 (JL ) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
59

Minute Entry for proceedings held before HONORABLE ANITA B. BRODY Telephone Conference held on 5/28/20 (JL ) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
60

Response Letter containing supplemental authority relating to its Response in Opposition re 54 Response in Opposition to Motion,, by TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (HOFFA, LINDA) (Entered: 05/31/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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May 31, 2020

May 31, 2020

PACER
61

NOTICE by SEAN MARLER re 49 Order, 38 Order, Letter re: FDC Update (JONES, LANDON) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
62

NOTICE by SEAN MARLER re 49 Order, 38 Order, Letter re: FDC Update (JONES, LANDON) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
63

NOTICE by SEAN MARLER re 12 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Letter re: Legal Developments) (JONES, LANDON) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
64

Response Letter to Respondent's letter on Supplemental Authority re 63 Notice (Other) by TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN. (Attachments: # 1 Exhibit 1) (HOFFA, LINDA) (Entered: 06/08/2020)

1 Exhibit 1

View on PACER

June 8, 2020

June 8, 2020

RECAP
65

NOTICE by SEAN MARLER re 12 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Notice of Supplemental Authority) (Attachments: # 1 Wilson v. Williams (6th Cir.), # 2 Wilson v. Ponce (C.D. Cal.), # 3 Alvarez v. Larose (S.D. Cal.), # 4 Chunn v. Edge (E.D.N.Y.))(JONES, LANDON) (Entered: 06/10/2020)

1 Wilson v. Williams (6th Cir.)

View on PACER

2 Wilson v. Ponce (C.D. Cal.)

View on PACER

3 Alvarez v. Larose (S.D. Cal.)

View on PACER

4 Chunn v. Edge (E.D.N.Y.)

View on PACER

June 10, 2020

June 10, 2020

PACER
66

Response Letter to Respondent's June 10th Letter re 65 Notice (Other), by TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN. (HOFFA, LINDA) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
67

NOTICE by SEAN MARLER re 12 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Notice of Supplemental Authority) (Attachments: # 1 Hallinan v. Scarantino (E.D.N.C.), # 2 Grinis v. Spaulding (D. Mass))(JONES, LANDON) (Entered: 06/11/2020)

1 Hallinan v. Scarantino (E.D.N.C.)

View on PACER

2 Grinis v. Spaulding (D. Mass)

View on PACER

June 11, 2020

June 11, 2020

PACER
68

NOTICE by SEAN MARLER re 49 Order, 38 Order, Letter re: FDC Update (MELLEY, REBECCA) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
69

NOTICE by SEAN MARLER re 49 Order, 38 Order, Letter re: FDC Update (MELLEY, REBECCA) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
70

Response Letter from Petitioners Requesting Referral to Mediation by TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN. (HOFFA, LINDA) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
71

NOTICE by SEAN MARLER re 70 Response Letter re: Petitioners' Request for Mediation (JONES, LANDON) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
72

Letter to Judge Brody dated 7/6/2020 to Court's Request for follow up letter at July 1st teleconference re 70 Response by TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN. (HOFFA, LINDA) Modified on 7/7/2020 (tjd). (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
73

NOTICE by SEAN MARLER Letter re: FDC Update (MELLEY, REBECCA) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
74

NOTICE by SEAN MARLER re 72 Response Letter re: Petitioners' Request for Mediation (JONES, LANDON) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
75

NOTICE by SEAN MARLER re 49 Order, 38 Order, Letter re: FDC Update (MELLEY, REBECCA) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
76

NOTICE THAT THE COURT DECLINES TO REFER THIS CASE TO MEDIATION IN LIGHT OF THE GOVERNMENT'S CONTINUED OPPOSITION TO THE REQUEST. (jwl, ) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
77

NOTICE by SEAN MARLER re 49 Order, 38 Order, Letter re: FDC Update (MELLEY, REBECCA) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
78

Response Letter regarding the ongoing circumstances at FDC Philadelphia and Renewed Request for Mediation re 77 Notice (Other) by TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (HOFFA, LINDA) (Entered: 08/12/2020)

1 Exhibit A

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2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

Aug. 12, 2020

Aug. 12, 2020

PACER
79

Response re 78 Response, by Respondent to Petitioners' Letter of August 12, 2020, by SEAN MARLER. (MELLEY, REBECCA) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
80

NOTICE by SEAN MARLER re 49 Order, (JONES, LANDON) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
81

NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 8/27/2020 AT 03:00 PM BEFORE HONORABLE ANITA B. BRODY.(jwl, ) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
82

NOTICE by SEAN MARLER of supplemental authority (Attachments: # 1 Hope v. Warden York County Prison)(MELLEY, REBECCA) (Entered: 08/26/2020)

1 Hope v. Warden York County Prison

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Aug. 26, 2020

Aug. 26, 2020

PACER
83

Response Letter re 82 Notice (Other) Petitioners Response letter regarding supplemental authority by TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN. (HOFFA, LINDA) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
84

NOTICE of Hearing: A TELEPHONE CONFERENCE IS SET FOR 8/28/2020 AT 03:00 PM BEFORE HONORABLE ANITA B. BRODY.(jwl, ) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
85

Audio File 08/27/2020 3:01 PM, regarding TELEPHONE CONFERENCE held on 08/27/2020, before HONORABLE ANITA B. BRODY (jwl, ) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
86

Minute Entry for proceedings held before HONORABLE ANITA B. BRODY Telephone Conference held on 8/27/20 Court Reporter: ESR. (JL ) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
87

NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 9/1/2020 AT 03:00 PM BEFORE HONORABLE ANITA B. BRODY.(jwl, ) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
88

Minute Entry, re: Telephone Conference for proceedings held before HONORABLE ANITA B. BRODY on 8/28/20. Court Reporter: ESR. (kw, ) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
89

NOTICE of Hearing:The telephone conference scheduled for September 1 2020 at 3:00 PM is rescheduled for September 11, 2020 at 3:00 PM BEFORE HONORABLE ANITA B. BRODY.(jwl, ) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
90

Transcript of Proceedings held on 8/27/2020, before Judge ANITA B. BRODY. Court Reporter/Transcriber Veritext National Court Reporting Company.. (sg, ) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
91

NOTICE by SEAN MARLER re 49 Order, 38 Order, Letter re: FDC Update (MELLEY, REBECCA) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
92

Response Letter re: Habeas Discovery Requirements by SEAN MARLER. (JONES, LANDON) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
93

Response Letter by Petitioners re: discovery re 92 Response by TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN. (HOFFA, LINDA) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
94

NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 9/15/2020 02:00 PM BEFORE HONORABLE ANITA B. BRODY.(jwl, ) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
95

Minute Entry for proceedings held before HONORABLE ANITA B. BRODY Telephone Conference held on 9/11/2020 Court Reporter: ESR. (sg, ) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
96

NOTICE by SEAN MARLER re 49 Order, 38 Order, Letter re: FDC Update (JONES, LANDON) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
97

NOTICE by SEAN MARLER Letter Regarding Testing (ZAUZMER, ROBERT) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
98

Response Letter by petitioners re: Covid-19 testing at facility by TIMOTHY BROWN, ANTHONY HALL, MYLES HANNIGAN. (HOFFA, LINDA) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

RECAP
99

NOTICE of Hearing: A TELEPHONE CONFERENCE SET FOR 9/21/2020 AT 12:00 PM BEFORE HONORABLE ANITA B. BRODY.(jwl, ) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
100

Minute Entry for proceedings held before HONORABLE ANITA B. BRODY Telephone Conference held on 9/15/20 Court Reporter: ESR. (JL ) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 15, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All current and future pretrial detainees, presentenced detainees, and sentenced inmates in custody at the FDC during the course of the COVID-19 pandemic.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Public Interest Law Center (PILCOP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Warden of the Federal Detention Center in Philadelphia (Philadelphia, Philadelphia), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Medical/Mental Health:

Medical care, general

COVID-19:

COVID reporting ordered

Independent monitor/inspector imposed/assisted

Inspection ordered/regulated

Mitigation Denied

Mitigation Granted

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run