Case: Remick v. City of Philadelphia

2:20-cv-01959 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: April 20, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a class action brought by individuals incarcerated in the Philadelphia Department of Prisons (Philadelphia's jail system), alleging that the conditions within the facility were unconstitutional, due to the plaintiffs' heightened risk of serious illness or death from COVID-19. The parties entered into a partial settlement agreement as to protective equipment, disinfectant, and monitoring, which was approved by the court on June 3. The plaintiffs twice moved for contempt…

COVID-19 Summary: This is a class action brought by individuals incarcerated in the Philadelphia Department of Prisons (Philadelphia's jail system), alleging that the conditions within the facility were unconstitutional, due to the plaintiffs' heightened risk of serious illness or death from COVID-19. The parties entered into a partial settlement agreement as to protective equipment, disinfectant, and monitoring, which was approved by the court on June 3. The plaintiffs twice moved for contempt and sanctions against the City for failure to comply with the terms of the partial settlement agreement, resulting in two additional partial settlements. Under each of the settlements, the defendants agreed to pay $125,000 to local bail funds. As of March 25, 2022, the case was ongoing with a hearing on the plaintiffs' motion for preliminary injunction scheduled for March 29-31, 2022.


On April 20, 2020, ten individuals held at the Philadelphia Department of Prisons brought this action in the U.S. District Court for the Eastern District of Pennsylvania. Represented by the Pennsylvania Institutional Law Project, the ACLU of Pennsylvania, and private counsel, the plaintiffs sued the City of Philadelphia and the Philadelphia Department of Prisons under 22 U.S.C. § 2241, 42 U.S.C. § 1983, and 28 U.S.C. §§ 2201-2202, seeking relief based on deprivations of their Fourteenth and Eighth Amendment rights. Specifically, they alleged that because the plaintiffs were at higher risk for serious illness or death from COVID-19 due to their medical conditions or ages, the conditions of the facilities and their continued detention was unconstitutional. The case was assigned to Judge Berle M. Schiller.

Simultaneous with their complaint, the plaintiffs filed a motion for class certification, seeking to certify a class of "all people held in custody within PDP," which included 2 subclasses: (1) Medically Vulnerable Subclass, and (2) Disability Subclass.

On April 23, 2020, the plaintiffs filed a motion for preliminary injunction and temporary restraining order, seeking to obtain conditions that complied with the health and safety standards necessary to protect them. In the alternative, if such conditions were not possible, they requested the court issue writs of habeas corpus to release a sufficient number of inmates so that the facilities could adhere appropriately to the health and safety standards suggested. The defendants opposed both the motion and class certification.

After various telephone conferences held throughout the month of May, Judge Schiller entered a consent order of partial settlement on June 3, 2020. The settlement agreement included terms regarding protective equipment, disinfectant, monitoring, and reporting. The agreement also stated that the parties would continue to discuss and work toward a separate settlement agreement regarding issues of social distancing and cohorting upon the completion of COVID-19 testing. 2020 WL 7549880.

The parties continued to have telephone conferences with the court and submit joint status reports. On December 18, 2020, the court ordered that the June 3 partial settlement remained in full effect, adding an order for one-time testing of all staff by January 15, 2021 and to begin testing all detained individuals with a goal of finishing testing by the same date. 2020 WL 7549941. Judge Schiller also ordered the defendants to provide weekly certifications regarding compliance with the June 3 order. On December 28, 2020, the defendants moved for reconsideration of the December 18 order.

On December 30, 2020, the court ordered that the defendants prepare and submit to the court and plaintiffs an operations and management plan to improve out-of-cell time and also ordered testing of incarcerated people to be completed by January 13, 2021.

On January 12, 2021, the parties attended a hearing before Judge Schiller, and the following day, the court ordered that the cohort size for out-of-cell time could be increased to allow for more out-of-cell time for incarcerated individuals. On January 28, the court issued another order, stating that the prison must steadily increase its cohort sizes to provide additional out-of-cell time, increasing to 3 hours per day by February 24. The court also dismissed the defendants' motion for reconsideration as moot.

The plaintiffs filed a motion for contempt and sanctions against the defendants in May 2021, reporting that the defendants had repeatedly refused to comply with terms of the consent order by failing to give incarcerated people in defendants’ facilities their court-mandated daily out-of-cell time. After the court found grounds to hold the City in contempt, Judge Schiller ordered that the defendants provide the plaintiffs with regular formal reports of compliance with the court order, and postponed deciding on whether to hold the defendants in contempt or to order sanctions. 

The parties reached a settlement agreement to resolve these contempt issues in late June 2021. This settlement agreement required the City to make a one-time payment of $125,000 to split between two local bail funds: the Philadelphia Bail Fund and the Philadelphia Community Bail Fund. Judge Schiller approved the settlement on June 23, 2021.

In September 2021, Judge Schiller issued an order declaring what ongoing prison conditions should look like, and that facilities should return to their pre-COVID operations by early 2022, including eight hours of out-of-cell time, absent extenuating circumstances. 2021 WL 4269171.

The plaintiffs filed an amended complaint in mid-October 2021. This new complaint included requests for injunctive relief in light of the plaintiffs’ concerns about out-of-cell time. On December 9, 2021, Judge Schiller denied the plaintiffs’ initial request for class certification as moot in light of the plaintiffs’ amended complaint, and they filed a new request for class certification on December 21, 2021.

The plaintiffs filed another motion for contempt and sanctions in December 2021. Judge Schiller approved another settlement agreement between the parties on January 31, 2022, and the plaintiffs withdrew their motion for contempt. Under the settlement agreement, the City agreed to make an additional $125,000 payment to the Philadelphia Bail Fund.

On January 28, 2022, the plaintiffs asked the court for leave to file a third amended complaint and filed an amended motion to certify the class. The court granted the motion for leave and the plaintiffs filed a third amended class action complaint on February 22, 2022. The amended complaint added six additional plaintiffs incarcerated in PDP and asserted four claims for relief, three pursuant to 42 U.S.C.
§ 1983 and one pursuant to the ADA. Count I alleged that the defendants violated the Eighth and Fourteenth Amendments by failing to provide “for the[ir] reasonable health and safety” and “humane conditions of confinement.” Count II alleged unconstitutional lack of access to courts and counsel arising under the First, Sixth, and Fourteenth Amendments. Count III asserted that the defendants' use of punitive or administrative segregation and imposition of financial assessments violated the Fourteenth Amendment. Count IV alleged that the "Disability Subclass" was denied reasonable accommodations, adequate out-of-cell time, and adequate medical and mental health treatment in violation of the ADA.

On March 11, the court granted the motion to certify class, defining the class as, "All persons who are currently or will be in the future confined in the Philadelphia Department of Prisons, and are or will be subjected to illegal or unconstitutional conditions of confinement as a result of policies and restrictions implemented in response to the COVID-19 pandemic, and the PDP’s staffing shortage." The court further defined a subclass of those with physical and/or psychiatric impairments that substantially limited one or more of their major life activities.

Two weeks later, the court issued writs of habeas corpus for six of the plaintiffs to appear before Judge Schiller for a hearing on the plaintiffs' motion for preliminary injunction on March 29-31, 2022.

The case is ongoing.

Summary Authors

Caitlin Kierum (7/20/2020)

Chandler Hart-McGonigle (11/21/2020)

Zofia Peach (3/18/2021)

Jane Fisher (2/18/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17082672/parties/remick-v-city-of-philadelphia/


Judge(s)

Schiller, Berle M. (Pennsylvania)

Attorneys(s) for Plaintiff

Barnett, Benjamin R (Pennsylvania)

Feinberg, Jonathan H. (Pennsylvania)

Feldman, Matthew A (Pennsylvania)

Kim, Mary H (California)

Lin, Susan M. (Pennsylvania)

Musitief, Theeya (Pennsylvania)

Nelson-Major, Hayden (Pennsylvania)

Novy, Nicolas (Pennsylvania)

Rudovsky, David (Pennsylvania)

Judge(s)

Schiller, Berle M. (Pennsylvania)

Attorneys(s) for Plaintiff

Barnett, Benjamin R (Pennsylvania)

Feinberg, Jonathan H. (Pennsylvania)

Feldman, Matthew A (Pennsylvania)

Kim, Mary H (California)

Lin, Susan M. (Pennsylvania)

Musitief, Theeya (Pennsylvania)

Nelson-Major, Hayden (Pennsylvania)

Novy, Nicolas (Pennsylvania)

Rudovsky, David (Pennsylvania)

Sachse, Will W. (Pennsylvania)

Szemanski, Ali (Pennsylvania)

Walczak, Witold J. (Pennsylvania)

Yeh, Su Ming (Pennsylvania)

Attorneys(s) for Defendant

Claiborne, Meghan E (Pennsylvania)

Cortes, Diana P. (Pennsylvania)

Pratt, Marcel S. (Pennsylvania)

Straw, Craig M. (Pennsylvania)

Taylor, Anne B (Pennsylvania)

Zabel, Shannon G (Pennsylvania)

Documents in the Clearinghouse

Document

2:20-cv-01959

Docket [PACER]

March 4, 2021

March 4, 2021

Docket
1 (& 1-1 to 1-6)

2:20-cv-01959

Class Action Complaint for Declaratory and Injunctive Relief and Petition for Writs of Habeas Corpus

April 20, 2020

April 20, 2020

Complaint
2, 2-1

2:20-cv-01959

Plaintiffs-Petitioners' Motion for Class Certification

April 20, 2020

April 20, 2020

Pleading / Motion / Brief
18, 18-1, 18-2

2:20-cv-01959

Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction

April 23, 2020

April 23, 2020

Pleading / Motion / Brief
24, 24-1, 24-2

2:20-cv-01959

The City of Philadelphia's Memorandum of Law in Opposition to Plaintiff's Motion for Class Certification

May 4, 2020

May 4, 2020

Pleading / Motion / Brief
26 (& 26-1 to 26-21)

2:20-cv-01959

Plaintiffs-Petitioners' Reply Brief in Support of Motion for Temporary Restraining Order and Preliminary Injunction

May 5, 2020

May 5, 2020

Pleading / Motion / Brief
35

2:20-cv-01959

Consent Order on Partial Settlement Agreement

June 3, 2020

June 3, 2020

Order/Opinion
55

2:20-cv-01959

Order

2020 WL 7549941

Dec. 18, 2020

Dec. 18, 2020

Order/Opinion
71

2:20-cv-01959

Plaintiff' Motion for Contempt and Sanctions

May 14, 2021

May 14, 2021

Pleading / Motion / Brief
81-1

2:20-cv-01959

Settlement Agreement

June 22, 2021

June 22, 2021

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17082672/remick-v-city-of-philadelphia/

Last updated July 19, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND PETITION FOR WRITS OF HABEAS CORPUS against All Defendants ( Filing fee $ 400 receipt number 0313-14245850.), filed by ROBERT HINTON, JAY DIAZ, JOSEPH WEISS, SADDAM ABDULLAH, NADIYAH WALKER, JOSEPH SKINNER, MICHAEL ALEJANDRO, THOMAS REMICK, JAMES BETHEA, MICHAEL DANTZLER. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form, # 3 Case Management Track Form, # 4 Exhibit A - Amon Declaration, # 5 Exhibit B - Cohen Declaration, # 6 Exhibit C - Plaintiffs' Declaration)(NOVY, NICOLAS) (Entered: 04/20/2020)

1 Civil Cover Sheet

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2 Designation Form

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3 Case Management Track Form

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4 Exhibit A - Amon Declaration

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5 Exhibit B - Cohen Declaration

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6 Exhibit C - Plaintiffs' Declaration

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April 20, 2020

April 20, 2020

Clearinghouse
2

MOTION to Certify Class filed by SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS.. (Attachments: # 1 Text of Proposed Order)(NOVY, NICOLAS) (Entered: 04/20/2020)

1 Text of Proposed Order

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April 20, 2020

April 20, 2020

PACER
3

NOTICE of Appearance by JONATHAN H. FEINBERG on behalf of SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS (FEINBERG, JONATHAN) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
4

NOTICE of Appearance by SU MING YEH on behalf of SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS (YEH, SU MING) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
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NOTICE of Appearance by MATTHEW A. FELDMAN on behalf of SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS (FELDMAN, MATTHEW) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
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NOTICE of Appearance by HAYDEN NELSON-MAJOR on behalf of SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS (NELSON-MAJOR, HAYDEN) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
7

NOTICE of Appearance by WILL W. SACHSE on behalf of SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS (SACHSE, WILL) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
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NOTICE of Appearance by SUSAN M. LIN on behalf of SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS (LIN, SUSAN) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
9

NOTICE of Appearance by DAVID RUDOVSKY on behalf of SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS (RUDOVSKY, DAVID) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
10

NOTICE of Appearance by DIANA P. CORTES on behalf of BLANCHE CARNEY, CITY OF PHILADELPHIA (CORTES, DIANA) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
11

NOTICE of Appearance by SHANNON G. ZABEL on behalf of BLANCHE CARNEY, CITY OF PHILADELPHIA (ZABEL, SHANNON) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
12

NOTICE of Appearance by CRAIG M. STRAW on behalf of BLANCHE CARNEY, CITY OF PHILADELPHIA (STRAW, CRAIG) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
13

NOTICE of Appearance by MEGHAN E. CLAIBORNE on behalf of BLANCHE CARNEY, CITY OF PHILADELPHIA (CLAIBORNE, MEGHAN) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
14

MOTION for Pro Hac Vice Mary H. Kim ( Filing fee $ 40 receipt number 0313-14250294.) filed by SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS.Certificate of Service.(NOVY, NICOLAS) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
15

NOTICE of Appearance by ANNE B. TAYLOR on behalf of BLANCHE CARNEY, CITY OF PHILADELPHIA (TAYLOR, ANNE) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
16

ORDER THAT MARY H. KIM'S MOTION FOR ADMISSION PRO HAC VICE IS GRANTED. SIGNED BY HONORABLE BERLE M. SCHILLER ON 4/22/2020.4/22/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
17

MOTION for Leave to File Excess Pages filed by SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS..(NOVY, NICOLAS) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
18

MOTION for Preliminary Injunction and Temporary Restraining Order filed by SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS.Brief. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(NOVY, NICOLAS) (Entered: 04/23/2020)

1 Brief

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2 Text of Proposed Order

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April 23, 2020

April 23, 2020

PACER
19

ORDER THAT PLAINTIFFS' MOTION TO EXCEED TO PAGE LIMIT IN PLAINTIFFS' BRIEF IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION IS GRANTED. SIGNED BY HONORABLE BERLE M. SCHILLER ON 4/23/2020.4/23/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
20

ORDERED THAT DEFENDANTS SHALL FILE A RESPONSE TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER DOCUMENT NO. 18 BY FRIDAY, MAY 1, 2020. THE PARTIES SHALL REPORT ON THE STATUS OF SETTLEMENT DISCUSSIONS TO THE COURT BY MONDAY, MAY 4, 2020. A TELEPHONE CONFERENCE WILL BE HELD ON THURSDAY, MAY 7, 2020 AT 10:00 A.M.. SIGNED BY HONORABLE BERLE M. SCHILLER ON 4/24/20. 4/24/20 ENTERED AND COPIES E-MAILED.(jpd, ) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
21

MOTION for Leave to File Excess Pages filed by BLANCHE CARNEY, CITY OF PHILADELPHIA.Memorandum, Certificate of Service.(CLAIBORNE, MEGHAN) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
22

RESPONSE in Opposition re 18 MOTION for Preliminary Injunction and Temporary Restraining Order filed by BLANCHE CARNEY, CITY OF PHILADELPHIA. (Attachments: # 1 Declaration Herdman, # 2 Declaration Trivikram, # 3 Declaration Feemster, # 4 Declaration Vetter, # 5 Declaration Lacombe, # 6 Declaration Williams, # 7 Declaration McCants, # 8 Exhibit 1, # 9 Exhibit 2, # 10 Exhibit 3, # 11 Exhibit 4, # 12 Exhibit 5, # 13 Exhibit 6, # 14 Exhibit 7, # 15 Exhibit 8, # 16 Exhibit 9, # 17 Exhibit 10, # 18 Exhibit 11, # 19 Exhibit 12, # 20 Exhibit 13, # 21 Exhibit 14, # 22 Exhibit 15, # 23 Exhibit 16, # 24 Exhibit 17, # 25 Exhibit 18, # 26 Exhibit 19, # 27 Exhibit 20, # 28 Exhibit 21, # 29 Exhibit 22, # 30 Exhibit 23, # 31 Exhibit 24, # 32 Exhibit 25, # 33 Exhibit 26, # 34 Exhibit 27, # 35 Exhibit 28, # 36 Exhibit 29, # 37 Exhibit 30, # 38 Exhibit 31, # 39 Exhibit 32, # 40 Exhibit 33)(CLAIBORNE, MEGHAN) (Entered: 05/01/2020)

1 Declaration Herdman

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2 Declaration Trivikram

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3 Declaration Feemster

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4 Declaration Vetter

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5 Declaration Lacombe

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6 Declaration Williams

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7 Declaration McCants

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8 Exhibit 1

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9 Exhibit 2

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10 Exhibit 3

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11 Exhibit 4

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12 Exhibit 5

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35 Exhibit 28

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38 Exhibit 31

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39 Exhibit 32

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40 Exhibit 33

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May 1, 2020

May 1, 2020

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ORDERED THAT DEFENDANTS MOTION TO EXCEED THE PAGE LIMIT IS GRANTED AS OUTLINED HEREIN. SIGNED BY HONORABLE BERLE M. SCHILLER ON 5/4/2020.5/4/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
24

RESPONSE in Opposition re 2 MOTION to Certify Class filed by BLANCHE CARNEY, CITY OF PHILADELPHIA. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(CLAIBORNE, MEGHAN) (Entered: 05/04/2020)

1 Exhibit A

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2 Exhibit B

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May 4, 2020

May 4, 2020

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25

MOTION for Leave to File Excess Pages in Reply Brief filed by SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS..(NOVY, NICOLAS) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
26

REPLY to Response to Motion re 18 MOTION for Preliminary Injunction and Temporary Restraining Order filed by SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS. (Attachments: # 1 Exhibit AA, # 2 Exhibit D, # 3 Exhibit E, # 4 Exhibit F, # 5 Exhibit G, # 6 Exhibit H, # 7 Exhibit I, # 8 Exhibit J, # 9 Exhibit K, # 10 Exhibit L, # 11 Exhibit M, # 12 Exhibit N, # 13 Exhibit O, # 14 Exhibit P, # 15 Exhibit Q, # 16 Exhibit R, # 17 Exhibit S, # 18 Exhibit T, # 19 Exhibit U, # 20 Exhibit V, # 21 Exhibit W)(NOVY, NICOLAS) (Entered: 05/05/2020)

1 Exhibit AA

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2 Exhibit D

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3 Exhibit E

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4 Exhibit F

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5 Exhibit G

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6 Exhibit H

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7 Exhibit I

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8 Exhibit J

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9 Exhibit K

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10 Exhibit L

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11 Exhibit M

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12 Exhibit N

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13 Exhibit O

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14 Exhibit P

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15 Exhibit Q

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16 Exhibit R

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17 Exhibit S

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18 Exhibit T

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19 Exhibit U

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20 Exhibit V

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21 Exhibit W

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May 5, 2020

May 5, 2020

Clearinghouse
27

ORDER THAT PLAINTIFFS MOTION FOR LEAVE TO FILE A REPLY BRIEF IN SUPPORT OF THE MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND TO EXCEED THE PAGE LIMIT IS GRANTED. SIGNED BY HONORABLE BERLE M. SCHILLER ON 5/6/2020.5/6/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

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NOTICE of Appearance by BENJAMIN R. BARNETT on behalf of SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS (BARNETT, BENJAMIN) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

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Minute Entry for Telephone Conference held on 4/24/2020 before HONORABLE BERLE M. SCHILLER(jp, ) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

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Minute Entry for Telephone Conference held on 5/7/2020 before HONORABLE BERLE M. SCHILLER(jp, ) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

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Minute Entry for Telephone Conference held on 5/11/2020 before HONORABLE BERLE M. SCHILLER(jp, ) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

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Minute Entry for Telephone Conference held on 5/14/2020 before HONORABLE BERLE M. SCHILLER (jp, ) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

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Minute Entry for telephone conference held before HONORABLE BERLE M. SCHILLER on 5/20/2020. (jp, ) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

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Minute Entry for telephone conference held before HONORABLE BERLE M. SCHILLER on 5/27/20. (jp, ) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

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CONSENT ORDER OF PARTIAL SETTLEMENT AGREEMENT WITH COURT APPROVAL RE: CERTAIN STATEMENTS; ETC.. SIGNED BY HONORABLE BERLE M. SCHILLER ON 6/3/20. 6/8/20 ENTERED AND E-MAILED.(JL) (Entered: 06/08/2020)

June 3, 2020

June 3, 2020

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Minute Entry for telephone conference before HONORABLE BERLE M. SCHILLER on 6/3/2020. (jp, ) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

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Minute Entry for telephone conference held before HONORABLE BERLE M. SCHILLER on 6/11/20. (jp, ) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

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Minute Entry for telephone conference held before HONORABLE BERLE M. SCHILLER on 6/18/2020. (jp, ) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

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Minute Entry for telephone conference held before HONORABLE BERLE M. SCHILLER on 7/1/2020. (jp, ) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

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Minute Entry for pretrial conference held before HONORABLE BERLE M. SCHILLER via telephone on 7/15/2020. (jp, ) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
41

STIPULATED PROTECTIVE ORDERENTERED AS OUTLINED HEREIN. SIGNED BY HONORABLE BERLE M. SCHILLER ON 7/23/2020. 7/24/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 07/24/2020)

July 23, 2020

July 23, 2020

RECAP
42

DISCOVERY CONFIDENTIALITY ORDER ENTERED AS OUTLINED HEREIN. SIGNED BY HONORABLE BERLE M. SCHILLER ON 7/23/2020. 7/24/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 07/24/2020)

July 23, 2020

July 23, 2020

PACER
43

Minute Entry for telephone conference held HONORABLE BERLE M. SCHILLER on 7/29/2020. (jp, ) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
44

JOINT STATUS REPORT DATED 8/27/2020 WITH REDACTIONS APPROVED BY JUDGE SCHILLER. (sg, ) (Additional attachment(s) added on 8/27/2020: # 1 EXHIBTS PART A, # 2 EXHIBITS B AND C, # 3 EXHIBIT D) (sg, ). (Entered: 08/27/2020)

1 EXHIBTS PART A

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2 EXHIBITS B AND C

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3 EXHIBIT D

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Aug. 27, 2020

Aug. 27, 2020

PACER
45

Joint Status Report, filed by SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, BLANCHE CARNEY, CITY OF PHILADELPHIA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS. (Attachments: # 1 Exhibits ABCD)(kw, ) (Entered: 09/11/2020)

1 Exhibits ABCD

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Sept. 10, 2020

Sept. 10, 2020

PACER
46

JOINT STATUS REPORT. EXHIBITS (Attachments: # 1 EXHIBIT A, # 2 EXHIBIT B, # 3 EXHIBIT C)(sg, ) (Entered: 09/24/2020)

1 EXHIBIT A

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2 EXHIBIT B

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3 EXHIBIT C

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Sept. 24, 2020

Sept. 24, 2020

PACER
47

NOTICE of Withdrawal of Appearance by HAYDEN NELSON-MAJOR on behalf of All Plaintiffs (NELSON-MAJOR, HAYDEN) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
48

JOINT STATUS REPORT by CITY OF PHILADELPHIA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(jpd, ) (Entered: 10/09/2020)

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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5 Exhibit E

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Oct. 9, 2020

Oct. 9, 2020

PACER
49

JOINT STATUS REPORT by SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, BLANCHE CARNEY, CITY OF PHILADELPHIA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS. (Attachments: # 1 EXHIBIT A, # 2 EXHIBIT B, # 3 EXHIBIT C, # 4 EXHIBIT D)(JL ) (Entered: 11/02/2020)

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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Nov. 2, 2020

Nov. 2, 2020

PACER
50

DECLARATION OF JACQUAR STOKES, CERTIFICATE OF SERVICE. (jpd, ) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER
51

MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S REQUEST FOR PRELIMINARY INJUNCTION filed by JACQUAR STOKES. CERTIFICATE OF SERVICE PROPOSED ORDER. (sg, ) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER
52

JOINT STATUS REPORT. (Attachments: # 1 EXHIBIT A, # 2 EXHIBIT B, # 3 EXHIBIT C, # 4 EXHIBIT D, # 5 EXHIBIT E, # 6 EXHIBIT F, # 7 EXHIBIT G)(sg, ) (Attachment 7 replaced on 11/18/2020) (jp, ). (Entered: 11/18/2020)

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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5 EXHIBIT E

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6 EXHIBIT F

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7 EXHIBIT G

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Nov. 18, 2020

Nov. 18, 2020

PACER
53

JOINT STATUS REPORT by SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, BLANCHE CARNEY, CITY OF PHILADELPHIA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, JACQUAR STOKES, NADIYAH WALKER, JOSEPH WEISS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(jpd, ) (Entered: 12/09/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Dec. 9, 2020

Dec. 9, 2020

PACER
54

Statement by Sharif Ali Shelton regarding certain conditions in Philadelphia Department of Prisons facilities. (jp, ) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
55

ORDERED THAT THE CONSENT ORDER ON PARTIAL SETTLEMENT OF JUNE 3, 2020 DOCUMENT NO. 35, REMAINS IN FULL EFFECT UNLESS MODIFIED BY THE TERMS OF THIS ORDER. FURTHER, ON APPLICATION OF THE PLAINTIFFS, AND AFTER FULL CONSIDERATION OF THE POSITIONS OF THE PARTIES, IT IS HEREBY ORDERED AS OUTLINED HEREIN. SIGNED BY HONORABLE BERLE M. SCHILLER ON 12/17/20. 12/18/20 ENTERED AND COPIES E-MAILED.(jpd, ) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

Clearinghouse
56

Joint Status Report dated December 21, 2020. (Attachments: # 1 Exhibit A) (jp, ) (Entered: 12/24/2020)

1 Exhibit A

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Dec. 24, 2020

Dec. 24, 2020

PACER
57

MOTION for Reconsideration re 55 Order, filed by BLANCHE CARNEY, CITY OF PHILADELPHIA.Brief, Declarations, Certificate of Service. (Attachments: # 1 Declaration of Commissioner Carney, # 2 Declaration of Dr. Trivikram)(TAYLOR, ANNE) (Entered: 12/28/2020)

1 Declaration of Commissioner Carney

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2 Declaration of Dr. Trivikram

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Dec. 28, 2020

Dec. 28, 2020

PACER
58

INTERIM ORDER THAT THE AGREED-UPON TESTING OF ALL INCARCERATED PERSONS WITHIN THE PDP FOR COVID-19 SHALL BE COMPLETED NO LATER THAN WEDNESDAY, JANUARY 13, 2021. DURING THE TESTING PERIOD REFERRED TO IN PARAGRPH 1 OF THIS ORDER, PDP SHALL REPORT TO PLAINTIFFS COUNSEL AND THE COURT THE RESULTS OF THESE TESTS, BY HOUSING AREA, IN ALL FACILITIES OF THE PDP, INCLUDING, FOR EACH HOUSING UNIT, THE TOTAL NUMBER OF PEOPLE TESTED AND THE NUMBERS OF POSITIVE AND NEGATIVE RESULTS. THESE REPORTS SHALL BE MADE ON TUESDAY AND FRIDAY OF EACH WEEK. BY FRIDAY, JANUARY 8, 2021, DEFENDANTS SHALL SUBMIT TO THE COURT AND PLAINTIFFS COUNSEL A PROPOSED OPERATIONS/MANAGEMENT PLAN FOR THE PDP TO IMPROVE OUT-OF-CELL TIME GOING FORWARD. A TELEPHONE CONFERENCE IN THIS MATTER WILL TAKE PLACE ON TUESDAY, JANUARY 12, 2021 AT 11:30 A.M. IT IS FURTHER ORDERED THAT TO THE EXTENT THIS ORDER CONFLICTS WITH THE COURTS ORDER OF DECEMBER 17, 2020 (DOCUMENT NO. 55, WHICH IS THE SUBJECT OF DEFENDANTS MOTION FOR RECONSIDERATION, IT SHALL NOT BE CONSTRUED AS GRANTING THAT MOTION IN WHOLE OR IN PART.. SIGNED BY HONORABLE BERLE M. SCHILLER ON 12/29/20. 12/30/20 ENTERED AND COPIES E-MAILED. (jpd, ) Modified on 1/14/2021 (lisad, ). Modified on 1/21/2021 (jpd, ). (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
59

INTERIM ORDER AND NOW, THIS 6TH DAY OF JANUARY 2021, THE COURTS ORDER OF DECEMBER 29, 2020 (DOCUMENT NO. 58) IS SUPPLEMENTED AS OUTLINED HEREIN.. SIGNED BY HONORABLE BERLE M. SCHILLER ON 1/6/2021. 1/6/2021 ENTERED AND COPIES E-MAILED. (sg, ) Modified on 1/14/2021 (lisad, ). Modified on 1/21/2021 (jpd, ). (Entered: 01/06/2021)

Jan. 6, 2021

Jan. 6, 2021

RECAP
60

Minute Entry for Telephone Conference held before HONORABLE BERLE M. SCHILLER on 1/12/2021. (jp, ) (Entered: 01/12/2021)

Jan. 12, 2021

Jan. 12, 2021

PACER
61

JOINT STATUS REPORT. (Attachments: # 1 EXHIBIT A, # 2 EXHIBIT B)(sg, ) (Entered: 01/12/2021)

1 EXHIBIT A

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2 EXHIBIT B

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Jan. 12, 2021

Jan. 12, 2021

PACER
62

ORDERED THAT WHILE OPERATING UNDER THE CURRENT SHELTER-IN-PLACE POLICY, THE DEFENDANTS SHALL INCREASE THE COHORT SIZE FOR OUT-OF-CELL TIME TO A MINIMUM OF THREE CELLS AT ONE TIME ON EACH HOUSING UNIT TO PROVIDE ALL PERSONS HOUSED IN THE PHILADELPHIA DEPARTMENT OF PRISONS (PDP) WITH AT LEAST 45 MINUTES OF DAILY OUT-OF-CELL TIME FOR PURPOSES OF SHOWERING, PHONE CALLS, AND EXERCISE. PDP STAFF SHALL SPECIFICALLY INFORM INCARCERATED PERSONS THAT UNDER THIS PROCEDURE THEY MUST MAINTAIN AT LEAST SIX FEET OF SEPARATION FROM ANYONE WHO IS NOT THEIR CELLMATE, AND THAT THE FAILURE TO ABIDE BY THAT POLICY MAY RESULT IN THEIR RETURN TO THEIR CELL. THE PROVISIONS OF THIS ORDER SHALL NOT SUPERSEDE THE CONDITIONS IMPOSED BY A MEDICALLY NECESSARY QUARANTINE WHEN A KNOWN POSITIVE HAS BEEN IDENTIFIED. UPON THE RECEIPT OF THE RESULTS OF UNIVERSAL TESTING, THE COURT SHALL CONSIDER FURTHER ORDERS ON SHELTER-IN-PLACE AND OUT-OF-CELL TIME.. SIGNED BY HONORABLE BERLE M. SCHILLER ON 1/13/21. 1/13/21 ENTERED AND COPIES E-MAILED. (jpd, ) Modified on 1/14/2021 (lisad, ). Modified on 1/21/2021 (jpd, ). (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER
63

ORDERED: BASED ON THE TESTING DATA PROVIDED BY THE PDP, THE PDP SHALL STEADILY INCREASE ITS COHORT SIZES IN ORDER TO PROVIDE ADDITIONAL OUT-OF-CELL TIME TO THE INCARCERATED POPULATION. PDP SHALL PROVIDE TWO HOURS OF OUT-OF-CELL TIME BY FEBRUARY 10, 2021, AND THREE HOURS OF OUT-OF-CELL TIME BY FEBRUARY 24, 2021. IT IS FURTHER ORDERED THAT: DEFENDANTS MOTION FOR RECONSIDERATION (DOCUMENT NO. 57) IS DISMISSED AS MOOT. ETC.. SIGNED BY HONORABLE BERLE M. SCHILLER ON 1/28/2021.1/28/2021 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
64

JOINT STATUS REPORT. (Attachments: # 1 EXHIBIT)(sg, ) (Entered: 02/04/2021)

1 EXHIBIT

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Feb. 4, 2021

Feb. 4, 2021

PACER
65

JOINT STATUS REPORT (Attachments: # 1 Exhibit A)(jpd) (Entered: 02/18/2021)

Feb. 18, 2021

Feb. 18, 2021

PACER
66

JOINT STATUS REPORT by SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, BLANCHE CARNEY, CITY OF PHILADELPHIA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS. (Attachments: # 1 EXHIBIT A, # 2 EXHIBIT B, # 3 EXHIBIT C)(sg, ) (Entered: 03/05/2021)

March 4, 2021

March 4, 2021

PACER
67

Status Report

March 19, 2021

March 19, 2021

PACER
68

Status Report

April 8, 2021

April 8, 2021

PACER
69

JOINT STATUS REPORT, filed by SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, BLANCHE CARNEY, CITY OF PHILADELPHIA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(kw, ) (Entered: 04/29/2021)

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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5 Exhibit E

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April 29, 2021

April 29, 2021

RECAP
70

ORDER THAT UPON CONSIDERATION OF THE RECORD IN THIS CASE AND THE COURTS FINDINGS AS DESCRIBED IN SECTION I, BELOW, IT IS HEREBY ORDERED AND DECREED THAT THE DEFENDANTS, CITY OF PHILADELPHIA AND COMMISSIONER BLANCHE CARNEY (CITY), ENSURE COMPLIANCE WITH THE OUTSTANDING ORDERS OF THIS COURT, AND WITH THE SPECIFIC ORDERS SET FORTH IN SECTION II, HERE IN.. SIGNED BY HONORABLE BERLE M. SCHILLER ON 5/4/2021. 5/4/2021 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 05/04/2021)

May 4, 2021

May 4, 2021

PACER
71

MOTION for Contempt and Sanctions filed by SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS.Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit, # 3 Exhibit)(FELDMAN, MATTHEW) (Entered: 05/14/2021)

1 Text of Proposed Order

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2 Exhibit

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3 Exhibit

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May 14, 2021

May 14, 2021

Clearinghouse
72

NOTICE of Appearance by GRACE HARRIS on behalf of SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS (HARRIS, GRACE) (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

PACER
73

DEFENDANTS' RESPONSE IN OPPOSITION TO 71 MOTION FOR CONTEMPT AND SANCTIONS (portions redacted) filed by BLANCHE CARNEY, CITY OF PHILADELPHIA. (jp, ) (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER
74

ORDER THAT IN CONSIDERATION OF PLAINTIFFS MOTION FOR CONTEMPT AND SANCTIONS (ECF NO. 71), DEFENDANTS RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR CONTEMPT AND SANCTIONS (ECF NO. 73), AND A TELEPHONIC COURT CONFERENCE HELD ON MAY 20, 2021, IT IS HEREBY ORDERED: STARTING MAY 21, 2021 AND EXTENDING TO JUNE 10, 2021, DEFENDANTS CITY OF PHILADELPHIA AND COMMISSIONER BLANCHE CARNEY (CITY) SHALL PROVIDE FORMAL REPORTS TO THE COURT AND PLAINTIFFS COUNSEL EVERY MONDAY AND FRIDAY, AND AN INFORMAL REPORT ON EVERY WEDNESDAY TO PLAINTIFFS COUNSEL AS OUTLINED HEREIN. THE COURT FINDS GROUNDS FOR HOLDING THE CITY IN CIVIL CONTEMPT OF COURT AS ALLEGED IN PLAINTIFFS MOTION FOR CONTEMPT AND SANCTIONS, BUT THE COURT POSTPONES FINAL DECISION ON THE ISSUES OF CONTEMPT AND SANCTIONS, PENDING THE REPORTING ON CORRECTIONAL OFFICER ATTENDANCE AND ABSENTEEISM AND THE DEPUTY WARDEN CERTIFICATIONS AS SET FORTH ABOVE IN PARAGRAPH 1.THE COURT HEREBY SCHEDULES A HEARING FOR JUNE 10, 2021 AT 10:00 A.M. IN COURTROOM 13B ON PLAINTIFFS MOTION FOR CONTEMPT AND SANCTIONS. ETC.. SIGNED BY HONORABLE BERLE M. SCHILLER ON 5/20/2021. 5/21/2021 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 05/21/2021)

May 20, 2021

May 20, 2021

PACER

Set/Reset Deadlines as to 71 MOTION for Contempt and Sanctions. MOTION HEARING SET FOR 6/10/2021 10:00 AM IN COURTROOM BEFORE HONORABLE BERLE M. SCHILLER. (sg, )

May 20, 2021

May 20, 2021

PACER

Set Motion and R&R Deadlines/Hearings

May 21, 2021

May 21, 2021

PACER
75

MOTION TO CONTEMPT AND TO INTERVENE, filed by DWAYNE HENRY. CERTIFICATE OF SERVICE.(sg, ) (Entered: 05/24/2021)

May 24, 2021

May 24, 2021

RECAP
76

ORDER THAT THE HEARING ON PLAINTIFFS MOTION FOR CONTEMPT AND SANCTIONS CURRENTLY SCHEDULED FOR 6/17/21 IS CONTINUED TO 6/23/21 AT 10:00 A.M.; ETC.. SIGNED BY HONORABLE BERLE M. SCHILLER ON 6/14/21. 6/14/21 ENTERED AND E-MAILED.(JL ) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
77

ORDERED THAT THE COMMISSIONER FOR PHILADELPHIA DEPARTMENT OF PRISONS PRODUCE BEFORE THIS COURT THE BODY OF BREYON HARE PP# 950017 ON WEDNESDAY, JUNE 23, 2021 AT 10:00 A.M. BEFORE THE HONORABLE BERLE M. SCHILLER TO APPEAR FOR A HEARING ON PLAINTIFFS MOTION FOR CONTEMPT AND SANCTIONS. SIGNED BY HONORABLE BERLE M. SCHILLER ON 6/17/2021. 6/17/2021 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER
78

ORDERED THAT THE COMMISSIONER FOR PHILADELPHIA DEPARTMENT OF PRISONS PRODUCE BEFORE THIS COURT THE BODY OF JOHN HART PP# 1115334 ON WEDNESDAY, JUNE 23, 2021 AT 10:00 A.M. BEFORE THE HONORABLE BERLE M. SCHILLER TO APPEAR FOR A HEARING ON PLAINTIFFS MOTION FOR CONTEMPT AND SANCTIONS. SIGNED BY HONORABLE BERLE M. SCHILLER ON 6/17/2021. 6/17/2021 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER
79

ORDERED THAT THE COMMISSIONER FOR PHILADELPHIA DEPARTMENT OF PRISONS PRODUCE BEFORE THIS COURT THE BODY OF DON DOYLE PP# 1215503 ON WEDNESDAY, JUNE 23, 2021 AT 10:00 A.M. BEFORE THE HONORABLE BERLE M. SCHILLER TO APPEAR FOR A HEARING ON PLAINTIFFS MOTION FOR CONTEMPT AND SANCTIONS. SIGNED BY HONORABLE BERLE M. SCHILLER ON 6/17/2021. 6/17/2021 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER
80

ORDERED THAT THE COMMISSIONER FOR PHILADELPHIA DEPARTMENT OF PRISONS PRODUCE BEFORE THIS COURT THE BODY OF JOSEPH DEMURO PP# 1056324 ON WEDNESDAY, JUNE 23, 2021 AT 10:00 A.M. BEFORE THE HONORABLE BERLE M. SCHILLER TO APPEAR FOR A HEARING ON PLAINTIFFS MOTION FOR CONTEMPT AND SANCTIONS. SIGNED BY HONORABLE BERLE M. SCHILLER ON 6/17/2021. 6/17/2021 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER
81

ORDERED: 1. THE COURT APPROVES THE SETTLEMENT AGREEMENT THAT IS ATTACHED TO THIS ORDER. 2. THE PARTIES SHALL COMPLY WITH THE TERMS OF THE JUNE 22, 2021 SETTLEMENT AGREEMENT. 3. PLAINTIFFS MOTION FOR CONTEMPT AND SANCTIONS, HAVING BEEN WITHDRAWN, IS DENIED WITHOUT PREJUDICE TO THEIR RIGHT TO SEEK ADDITIONAL RELIEF FROM THE COURT, INCLUDING A MOTION FOR CONTEMPT AND SANCTIONS SHOULD THE DEFENDANTS FAIL TO COMPLY WITH THE COURTS ORDERS AND/OR A MOTION TO ENFORCE THE SETTLEMENT AGREEMENT.. SIGNED BY HONORABLE BERLE M. SCHILLER ON 6/23/2021. (Attachments: # 1 SETTLEMENT AGREEMENT) 6/23/2021 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

Clearinghouse

MAILED OUT ORDER ENTRIES 76 77 78 79 80 81 TO PRO SE'S ON 6/28/21. (jaa, )

June 28, 2021

June 28, 2021

PACER

Remark

June 28, 2021

June 28, 2021

PACER
82

MOTION TO INTERVENE, filed by DWAYNE HENRY. CERTIFICATE OF SERVICE. (sg, ) (Entered: 07/15/2021)

July 14, 2021

July 14, 2021

PACER
83

Copy of Order/Notice dated 6/23/21 (Document # 81) and envelope returned from the U.S. Postal Service addressed to JACQUAR STOKES for the following reason: UNABLE TO FORWARD. (Attachments: # 1 ENVELOPE)(JL) (Entered: 07/15/2021)

July 15, 2021

July 15, 2021

PACER
84

MOTION for Contempt filed by WALTER DOBBINS, IV..(sg, ) (Entered: 07/20/2021)

July 19, 2021

July 19, 2021

PACER
85

STATUS REPORT from Plaintiffs by SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(YEH, SU MING) (Entered: 08/05/2021)

Aug. 5, 2021

Aug. 5, 2021

PACER
86

MOTION FOR CONTEMPT AND TO INTERVENE FILED BY WALTER DOBBINS, IV, CERTIFICATE OF SERVICE.(mbh, ) (Entered: 08/13/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER
87

STATUS REPORT by Plaintiffs by SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS. (Attachments: # 1 Exhibit A)(YEH, SU MING) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
88

STATUS REPORT by Plaintiffs by SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(YEH, SU MING) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER
89

MOTION FOR CONTEMPT OF COURT AND SANCTIONS, filed by DWAYNE HENRY. Certificate of Service. (sg, ) Modified on 9/7/2021 (lisad, ). (Entered: 09/03/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER
90

MOTION TO INTERVENE, filed by DWAYNE HENRY. Certificate of Service. (sg, ) Modified on 9/7/2021 (lisad, ). (Entered: 09/03/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER
91

Filed In Error as Advised by Chambers. (sg, ) Modified on 9/9/2021 (sg, ). (Main Document 91 replaced on 9/9/2021) (sg, ). Modified on 9/9/2021 (nd, ). (Entered: 09/09/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER
92

ORDER THAT DEFENDANT CITY OF PHILADELPHIA MANDATE THAT ALL CORRECTIONAL, SOCIAL SERVICE AND MEDICAL STAFF WHO HAVE NOT BEEN FULLY VACCINATED AGAINST COVID 19 SHALL SUBMIT TO WEEKLY COVID 19 TESTING. THE CITY IS FURTHER ORDERED TO SUBMIT TO THE COURT NO LATER THAN 9/20/21 PROPOSED PROTOCOLS FOR THE TREATMENT AND FURTHER TESTING OF ALL STAFF WHO TEST POSITIVE FOR COVIL 19, DURING WHICH TIME THEY SHALL NOT BE PERMITTED ENTRY INTO PDP FACILITIES; ETC.. SIGNED BY HONORABLE BERLE M. SCHILLER ON 9/10/21. 9/10/21 ENTERED AND E-MAILED.(JL ) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
93

ORDER STATING ONGOING CONDITIONS AS OUTLINED HEREIN. SIGNED BY HONORABLE BERLE M. SCHILLER ON 9/14/2021. 9/14/2021 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

RECAP
94

NOTICE of Appearance by BRET GROTE on behalf of SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS (GROTE, BRET) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
95

NOTICE of Change of Address by WALTER DOBBINS, IV(jaa, ) (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

PACER
96

MOTION for Leave to File Amended Complaint filed by SADDAM ABDULLAH, MICHAEL ALEJANDRO, JAMES BETHEA, MICHAEL DANTZLER, JAY DIAZ, ROBERT HINTON, THOMAS REMICK, JOSEPH SKINNER, NADIYAH WALKER, JOSEPH WEISS.Memorandum, Certificate of Service. (Attachments: # 1 Complaint, # 2 Text of Proposed Order)(FELDMAN, MATTHEW) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Jail Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 20, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Ten individuals in the Philadelphia Department of Prisons, seeking to certify a class of all individuals held within the facility

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Abolitionist Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of Philadelphia (Philadelphia), City

Philadelphia Department of Prisons, City

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $250,000

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Medical/Mental Health:

Medical care, general

COVID-19:

COVID reporting ordered

COVID testing ordered/modified

Exercise/recreation regulated

Mitigation Granted

Mitigation Requested

Out-of-cell time regulated

PPE-ordered provided to prisoners for free

PPE-ordered worn by staff

Release Denied

Release Requested

Sanitizer/Handsoap ordered made available/used

Social distancing ordered