Case: Jackson v. Hendrick

Unknown | Pennsylvania state trial court

Filed Date: 1971

Clearinghouse coding complete

Case Summary

This litigation began in 1971 when five prisoners in the Philadelphia Prison System (a jail) filed a class action seeking injunctive relief from conditions of confinement that they alleged violated their constitutional and statutory rights. Plaintiffs were represented by private civil rights lawyers. The case was assigned to a three judge panel of the court of common pleas which, on April 7, 1972, after a lengthy hearing, issued a 264 page opinion--unavailable to us--thatfound that various cond…

This litigation began in 1971 when five prisoners in the Philadelphia Prison System (a jail) filed a class action seeking injunctive relief from conditions of confinement that they alleged violated their constitutional and statutory rights. Plaintiffs were represented by private civil rights lawyers. The case was assigned to a three judge panel of the court of common pleas which, on April 7, 1972, after a lengthy hearing, issued a 264 page opinion--unavailable to us--thatfound that various conditions in the City prisons violated both statutory and constitutional rights and constituted cruel and unusual punishment. The decree ordered the city officials named as defendants to take feasible action to improve conditions and ordered appointment of a Special Master to oversee long-term improvements in prison conditions.

On appeal, the Commonwealth Court of Pennsylvania (Judge Bowman) affirmed in part and reversed and remanded in part. The court held that current conditions did constitute cruel and unusual punishment, but also held that the lower court erred by appointing a master. Hendrick v. Jackson, 309 A.2d 187 (Pa. Commw. Ct. 1973).

In 1976, the court issued a remedial decree specifically designed to maintain the prison population at an acceptable level. The decree was modified in 1980 and 1981. In 1982, litigation continued over a provision of the decree that allowed for certain violent prisoners to be released after posting bail. The District Attorney of Philadelphia sought leave to intervene, but was denied by the court. The district attorney appealed to the Supreme Court of Pennsylvania, but the court affirmed the lower court ruling finding that the district attorney's petition was not timely. Jackson v. Hendrick, 446 A.2d 226 (Pa. 1982).

Because this is a state case, we don't have the docket for this case, and therefore our information ends with last decision, dated May 25, 1982.

Summary Authors

Eoghan Keenan (6/10/2005)

Related Cases

Harris v. City of Philadelphia, Eastern District of Pennsylvania (1982)

Bowers v. City of Philadelphia, Eastern District of Pennsylvania (2006)

People


Judge(s)

Bowman, Pasco Middleton II (Missouri)

Doyle, Joseph T. (Pennsylvania)

Flaherty, John P. Jr. (Pennsylvania)

Freedman, Frank Harlan (Massachusetts)

Friedman, Daniel Mortimer (District of Columbia)

Nix, Robert N.C. Jr. (Pennsylvania)

Roberts, Samuel J. (Pennsylvania)

Attorneys(s) for Plaintiff

Beck, John A. (New York)

Bronstein, Donald S. (Pennsylvania)

Endy, Bruce E. (Pennsylvania)

Judge(s)

Bowman, Pasco Middleton II (Missouri)

Doyle, Joseph T. (Pennsylvania)

Flaherty, John P. Jr. (Pennsylvania)

Freedman, Frank Harlan (Massachusetts)

Friedman, Daniel Mortimer (District of Columbia)

Nix, Robert N.C. Jr. (Pennsylvania)

Roberts, Samuel J. (Pennsylvania)

Attorneys(s) for Plaintiff

Beck, John A. (New York)

Bronstein, Donald S. (Pennsylvania)

Endy, Bruce E. (Pennsylvania)

Kairys, David (Pennsylvania)

Rudovsky, David (Pennsylvania)

Wenk, Joseph (Pennsylvania)

Attorneys(s) for Defendant

Berman, Marcia (District of Columbia)

Biondo, Dennis R. (Pennsylvania)

Clark, Tama (Pennsylvania)

Donaldson, Matthew S. Jr. (Pennsylvania)

Feder, Richard (Pennsylvania)

Franklin-Suber, Stephanie L. (Pennsylvania)

Gallant, Kenneth S. (Pennsylvania)

Gold, Richard J. (Pennsylvania)

Halsted, John S. (Pennsylvania)

Henson, Eric B. (Pennsylvania)

Mather, Barbara W. (Pennsylvania)

Mattioni, John (Pennsylvania)

McNamara, James M. (Pennsylvania)

Myers, John M. (Pennsylvania)

Neuhauser, Gregory R. (Pennsylvania)

Panarella, Nicholas Jr. (Pennsylvania)

Penny, James M. Jr. (Pennsylvania)

Rendell, Edward G. (Pennsylvania)

Sellitto, August V. (Pennsylvania)

Sklar, S. Jay (Pennsylvania)

Stubbs, Jonathan K. (Pennsylvania)

Vilim, Guy (Pennsylvania)

Weinberg, Martin (Pennsylvania)

Wentz, Frederick M. (Pennsylvania)

Other Attorney(s)

Tate, Mercer D. (Pennsylvania)

Documents in the Clearinghouse

Document

576 C.D. 1972

Reported Opinion

Hendrick v. Jackson

Pennsylvania state appellate court

309 A.2d 187, 1973 Pa.LEXIS 548

Aug. 31, 1973

Aug. 31, 1973

Order/Opinion

Opinion of the Court

Pennsylvania state supreme court

321 A.2d 603, 1974 Pa.LEXIS 849

July 1, 1974

July 1, 1974

Order/Opinion

Opinion of the Court

Pennsylvania state supreme court

446 A.2d 226, 1982 Pa.LEXIS 502

May 25, 1982

May 25, 1982

Order/Opinion

1647 C.D. 1981

1839 C.D. 1981

Reported Opinion

Pennsylvania state appellate court

456 A.2d 229, 1983 Pa.LEXIS 1329

Feb. 14, 1983

Feb. 14, 1983

Order/Opinion

Opinion

Pennsylvania state supreme court

503 A.2d 400, 1986 Pa.LEXIS 713

Jan. 16, 1986

Jan. 16, 1986

Order/Opinion

767 C.D. 1997

Reported Opinion

Pennsylvania state appellate court

710 A.2d 102, 1998 Pa.LEXIS 224

March 27, 1998

March 27, 1998

Order/Opinion

0183 E.D.ALLOC (1998)

Reported Opinion

Pennsylvania state supreme court

737 A.2d 745, 1999 Pa.LEXIS 457

Feb. 24, 1999

Feb. 24, 1999

Order/Opinion

767 C.D. 1997

Opinion Announcing the Judgment of the Court

Pennsylvania state supreme court

746 A.2d 574, 2000 Pa.LEXIS 400

Feb. 22, 2000

Feb. 22, 2000

Order/Opinion

767 C.D. 1997

Reported Opinion

Pennsylvania state appellate court

764 A.2d 1139, 2000 Pa.LEXIS 620

Dec. 8, 2000

Dec. 8, 2000

Order/Opinion

121 EAL (2001)

Reported Opinion

Pennsylvania state supreme court

782 A.2d 550, 2001 Pa.LEXIS 1524

July 17, 2001

July 17, 2001

Order/Opinion

Resources

Docket

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Pennsylvania

Case Type(s):

Jail Conditions

Key Dates

Filing Date: 1971

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

inmates of the Philadelphia Prison System

Attorney Organizations:

Kairys, Rudovsky, Messing & Feinberg, LLP

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Philadelphia Prison System (Philadelphia), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Any published opinion

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: 1973 - None

Issues

General:

Totality of conditions

Type of Facility:

Government-run