Case: Hunter v. Long

2:94-cv-05209 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Aug. 24, 1994

Clearinghouse coding complete

Case Summary

In 1994, Muslim inmates of Delaware County Prison filed a Section 1983 class action suit, pro se, in the Eastern District of Pennsylvania against prison officials. The plaintiffs alleged that the defendants refused to allow them to engage in Jum'ah, a Muslim prayer service, and limited the distribution of religious materials and funds for religious purposes. The court appointed private counsel and the parties entered into negotiations to reach a settlement. In March 1995, the court entered t…

In 1994, Muslim inmates of Delaware County Prison filed a Section 1983 class action suit, pro se, in the Eastern District of Pennsylvania against prison officials. The plaintiffs alleged that the defendants refused to allow them to engage in Jum'ah, a Muslim prayer service, and limited the distribution of religious materials and funds for religious purposes. The court appointed private counsel and the parties entered into negotiations to reach a settlement.

In March 1995, the court entered the parties' Joint Proposed Settlement Agreement. After hearing objections, the District Court (Judge Stewart Dalzell) approved the settlement. Under the terms of the settlement, the defendants agreed to allow up to 100 inmates to attend two Jum'ah services each week. The defendants also agreed to establish a procedure to resolve inmates' claims of prison non-compliance. In re Delaware County Prison, 1995 WL 225431 (E.D. Pa. April 13, 1995).

According to the docket, in May 1996, the "Institutional Imam" of the prison filed a letter, apparently complaining of noncompliance. The court treated the letter as a motion to enforce the settlement agreement or for contempt, and several months later, denied the motion (after receipt of a report by the parties) though requiring the defendants to make copies of the settlement available to prisoners.

Summary Authors

Eoghan Keenan (6/10/2005)

David Smellie (10/27/2016)

People


Judge(s)

Dalzell, Stewart R. (Pennsylvania)

Attorney for Plaintiff

Donnelly, E. Gerald Jr. (Pennsylvania)

Murphy, Frank G. (Pennsylvania)

Reich, Abraham C. (Pennsylvania)

Attorney for Defendant

Diorio, Robert M. (Pennsylvania)

Documents in the Clearinghouse

Documents in this case

2:94-cv-05209

Docket [PACER]

Hunter v. Long (In Re: Delaware County Prison)

July 9, 1996

July 9, 1996

Docket
45

2:94-cv-05209

Memorandum

In re: Delaware County Prison

April 13, 1995

April 13, 1995

Order/Opinion

1995 WL 225431

Docket

Last updated March 24, 2025, 8:27 a.m.

ECF Number Date Description Link
1 Aug. 24, 1994

MOTION BY PLAINTIFF OMAR HUNTER TO PROCEED IN FORMA PAUPERIS . (IFP NOT CERTIFIED BY PRISON) (lvj) (Entered: 08/25/1994)

PACER
Aug. 24, 1994

Standard Case Management Track. (lvj) (Entered: 08/25/1994)

PACER
2 Sept. 8, 1994

ORDER THAT UPON THE PAYMENT OF THE FILING FEE OR THE PRESENTATION OF A MOTION TO PROCEED IN FORMA PAUPERIS, THE CLERK SHALL NOT FILE THE COMPLAINT WITHOUT FURTHER ORDER OF THIS COURT. ( SIGNED BY JUDGE STEWART DALZELL ) 9/9/94 ENTERED AND COPIES MAILED. (fe) (Entered: 09/09/1994)

PACER
3 Sept. 22, 1994

MOTION BY PLAINTIFF OMAR HUNTER TO PROCEED IN FORMA PAUPERIS . (prison certificate signed) (fe) (Entered: 09/22/1994)

PACER
4 Sept. 27, 1994

ORDER THAT THE PRO SE WRIT CLERK SHALL ATTEMPT TO RETAIN COUNSEL FOR PLFF FROM THE PRISONERS' CIVIL RIGHTS PANEL IN ACCORDANCE WITH THE COURT'S ASSIGNMENT PROTOCOL. ( SIGNED BY JUDGE STEWART DALZELL ) 9/28/94 ENTERED AND COPIES MAILED. (lvj) (Entered: 09/28/1994)

PACER
5 Sept. 27, 1994

ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS; THE CLERK SHALL FILE THE COMPLAINT AND SHALL ISSUE A SUMMONS; THE UNITED STATES MARSHALS SERVICE SHALL SERVE THE SUMMONS AND COMPLAINT UPON THE DEFT; AND THE CLERK SHALL SEND A COPY OF THIS ORDER TO ALL PARTIES, ETC. ( SIGNED BY JUDGE STEWART DALZELL ) 9/28/94 ENTERED AND COPIES MAILED. (lvj) (Entered: 09/28/1994)

PACER
6 Sept. 27, 1994

Complaint. filing fee $ ifp (lvj) (Entered: 09/28/1994)

PACER
Sept. 27, 1994

Summons(es) issued Forwarded to: U.S. Marshal 9/28/94 (lvj) (Entered: 09/28/1994)

PACER
7 Sept. 28, 1994

MOTION BY PLAINTIFF OMAR HUNTER FOR APPOINTMENT OF COUNSEL . (fe) (Entered: 09/28/1994)

PACER
8 Oct. 4, 1994

ORDER APPOINTING ABRAHAM C. REICH AND E. GERALD DONNELLY JR. FOR PLAINTIFF OMAR HUNTER IN THE ABOVE CAPTIONED CASE. APPOINTMENT IS TO REMAIN IN EFFECT UNTIL THE FINAL DETERMINATION OF THIS CASE UNLESS, PRIOR THERETO, IT IS AMENDED OR REVOKED BY ORDER OF COURT. ( SIGNED BY JUDGE STEWART DALZELL ) 10/5/94 ENTERED AND COPIES MAILED. (fe) (Entered: 10/05/1994)

PACER
9 Nov. 10, 1994

Return of service executed as to DEFENDANT TED LONG 10/31/94 (lvj) (Entered: 11/10/1994)

PACER
10 Nov. 16, 1994

Appearance of ROBERT M. DIORIO for DEFENDANT TED LONG (fe) (Entered: 11/16/1994)

PACER
11 Nov. 16, 1994

Answer to Complaint by DEFENDANT TED LONG, Certificate of service. (fe) (Entered: 11/16/1994)

PACER
Dec. 1, 1994

Pretrial conference SET at 4:00 P.M. on 12/12/94. (fe) (Entered: 12/02/1994)

PACER
12 Dec. 12, 1994

MOTION BY DEFENDANT TED LONG TO CONSOLIDATE PURSUANT TO FRCP 42(a) , MEMORANDUM, CERTIFICATE OF SERVICE. (aa) (Entered: 12/12/1994)

PACER
13 Dec. 14, 1994

ORDER THAT A SETTLEMENT CONFERENCE SHALL BE HELD IN CHAMBERS ON 1/19/95 AT 4:30 P.M. ( SIGNED BY JUDGE STEWART DALZELL ) 12/15/94 ENTERED AND COPIES MAILED. (aa) (Entered: 12/15/1994)

PACER
14 Dec. 21, 1994

ORDER THAT THE ABOVE-CAPTIONED ACTIONS ARE CONSOLIDATED FOR ALL PURPOSES BEFORE THIS COURT PURSUANT TO RULE 42(A) OF THE FEDERAL RULES OF CIVIL PROCEDURE; ALL PLEADINGS AND OTHER FILINGS SHALL BE EFFECTIVE IMMEDIATELY, FILED UNDER 94-5209, AND BE TITLED WITH THE FOLLOWING CAPTION, ETC. THE CLERK SHALL TRANSFER ALL PREVIOUSLY FILED PAPERS IN THESE ACTIONS TO THE FILE IN 94-5209; AND THE CLERK SHALL CLOSE THE FOLLOWING CIVIL ACTIONS, ETC. ( SIGNED BY JUDGE STEWART DALZELL ) 12/21/94 ENTERED AND COPIES MAILED. (lvj) (Entered: 12/21/1994)

PACER
15 Dec. 21, 1994

Memorandum of law by PLAINTIFF OMAR HUNTER in reply to defendants' MOTION FOR CONSOLIDATION pursuant to F.R.C.P. 42 (a), Certificate of service. (fe) (Entered: 12/21/1994)

PACER
16 Dec. 21, 1994

ORDER DENYING AS MOOT DEFT'S MOTION TO CONSOLIDATE PURSUANT TO FRCP 42(a) ( SIGNED BY JUDGE STEWART DALZELL ) 12/21/94 ENTERED AND COPIES MAILED. (lvj) (Entered: 12/21/1994)

PACER
17 Dec. 21, 1994

Amended Certificate of service by DEFENDANT. (lvj) (Entered: 12/22/1994)

PACER
18 Dec. 21, 1994

ORDER THAT THE FIRM OF FOX ROTHSCHILD, O'BRIEN & FRANKEL, BY ABRAHAM C. REICH, E. GERALD DONNELLYM JR., AND FRANK MURPHY, ESQUIRES ARE APPOINTED TO REPRESENT ALL PLFFS IN THIS LITIGATION, ETC. ( SIGNED BY JUDGE STEWART DALZELL ) 12/22/94 ENTERED AND COPIES MAILED. (lvj) (Entered: 12/22/1994)

PACER
Dec. 21, 1994

All papers in 94-6501, 94-6414, 94-6217, 94-5208, 94-4849, 94-4177, 94-3144, 94-2942 were placed in 94-5209. (lvj) (Entered: 12/21/1994)

PACER
19 Dec. 22, 1994

ORDER THAT A SETTLEMENT CONFERENCE SHALL BE HELD IN THIS CASE ON 1/19/95 AT 9:00 A.M. ( SIGNED BY JUDGE STEWART DALZELL ) 12/22/94 ENTERED AND COPIES MAILED. (lvj) (Entered: 12/22/1994)

PACER
20 Dec. 23, 1994

Amended Certificate of service by DEFENDANT TED LONG (fe) (Entered: 12/27/1994)

PACER
21 Jan. 4, 1995

ORDER THAT THE CLERK SHALL ALTER THE DOCKET AND ADD THE FOLLOWING AS ATTORNEY OF RECORD IN THIS ACTION, ETC. ( SIGNED BY JUDGE STEWART DALZELL ) 1/5/95 ENTERED AND COPIES MAILED. (lvj) (Entered: 01/05/1995)

PACER
22 Jan. 19, 1995

ORDER THAT COUNSEL SHALL, BY 2/21/95, SUBMIT A STIPULATION REGARDING A CLASS-WIDE PROPOSED RESOLUTION, INCLUDING A PROPOSED FORM OF NOTICE TO THE SETTLEMENT CLASS; REPRESENTATIVES OF PRISON SHALL DELIVER APPROVED NOTICE TO SETTLEMENT CLASS BY 3/3/95; MEMBERS OF SETTLEMENT CLASS SHALL FILE OBJECTIONS BY 4/3/95; A HEARING TO CONSIDER FAIRNESS OF SETTLEMENT ON 4/12/95 AT 9:00 A.M.; PARAGRAPH 2 OF ORDER DTD. 12/21/94, IN WHICH WE, INTER ALIA, DIRECT FOX, ROTHSCHILD, O'BRIEN & FRANKEL TO ADVISE US BY 2/3/95 WHETHER THEY CAN REPRESENT ALL PLFFS IN ACTION IS VACATED. MISCELLANEOUS HEARING ( SIGNED BY JUDGE STEWART DALZELL ) 1/20/95 ENTERED AND COPIES MAILED. (jef) (Entered: 01/20/1995)

PACER
23 Jan. 31, 1995

Notice of change of address by STEVEN L. BEVERLY, cert. of service. (jef) Modified on 01/31/1995 (Entered: 01/31/1995)

PACER
24 Feb. 22, 1995

ORDER THAT THE CLERK SHALL CONSOLIDATE CIVIL ACTION NO. 94-4961 WITH 94-5209; THE CLERK SHALL PLACE ALL THE PAPERS IN 94-4961 IN THE FILE FOR 94-5209; AND 94- 4961 SHALL BE CLOSED FOR STATISTICAL PURPOSES. ( SIGNED BY JUDGE STEWART DALZELL ) 2/23/95 ENTERED AND COPIES MAILED. (lvj) (Entered: 02/23/1995)

PACER
Feb. 22, 1995

All papers in 94-4961 were placed in 94-5209 (lvj) (Entered: 02/23/1995)

PACER
Feb. 22, 1995

Consolidated Lead Case (lvj) (Entered: 02/23/1995)

PACER
25 March 2, 1995

ORDER THAT THE FOLLOWING CLASS IS CERTIFIED: ALL PRISONERS OF THE MUSLIM FAITH WHO ARE, OR WILL BE, INCARCERATED AT DELAWARE COUNTY [PENNSYLVANIA] PRISON; THE PROPOSED NOTICE OF CLASS ACTION ATTACHED HERETO IS APPROVED; THE HEARING TO CONSIDER THE FAIRMESS OF THE SETTLEMENT SHALL BE HELD ON 4/12/95 AT 9:00 A.M., CTRM. 5-C; ETC. ( SIGNED BY JUDGE STEWART DALZELL ) 3/3/95 ENTERED AND COPIES MAILED. (jef) (Entered: 03/03/1995)

PACER
26 March 6, 1995

Joint Stipulation for Class Certification, memorandum in support. (jef) (Entered: 03/06/1995)

PACER
27 March 6, 1995

Proposed Notice of Class Action. (jef) (Entered: 03/06/1995)

PACER
March 6, 1995

Joint Proposed Settlement Agreement, cert. of service. (see paper no. 27) _ (jef) (Entered: 03/06/1995)

PACER
28 March 8, 1995

Amended Certificate of service by DEFENDANTS. (fe) (Entered: 03/08/1995)

PACER
29 March 8, 1995

PLFF'S Statement to Adress Hearing, cert. of service. (jef) (Entered: 03/08/1995)

PACER
March 8, 1995

PLFF'S Objections to Proposed Settlement Agreement, memo, cert. of service. (see paper no. 29) (jef) (Entered: 03/08/1995)

PACER
March 8, 1995

Notice of change of address by STEVEN L. BEVERLY (See 94-3761) (gm) (Entered: 03/09/1995)

PACER
30 March 20, 1995

MOTION BY MOVANT RICHARD DURANT FOR HEARING REGARDING PROPOSED SETTLEMENT AND OBJECTION TO PROPOSED SETTLEMENT , CERTIFICATE OF SERVICE. (lvj) (Entered: 03/21/1995)

PACER
31 March 24, 1995

Objections by NOTICE ONLY SEIFUDDIN M.A. SIMPSON to proposed settlement agreement/request for a writ of habeas corpus ad testificandum. (lvj) (Entered: 03/27/1995)

PACER
32 March 27, 1995

Statement by NOTICE ONLY ADREASE K. BASSETT Religious information in support of [31-1] objection to proposed settlement agreement, certificate of service. (fe) (Entered: 03/28/1995)

PACER
33 March 27, 1995

Memorandum by NOTICE ONLY ADREASE K. BASSETT in support of [31-1] objection, certificate of service. (fe) (Entered: 03/28/1995)

PACER
34 March 28, 1995

Objections by NOTICE ONLY WILLIAM RICKETTS to proposed settlement agreement (lvj) (Entered: 03/29/1995)

PACER
35 March 29, 1995

Objections by NOTICE ONLY RICKY WATKINS to proposed settlement agreement (lvj) (Entered: 03/29/1995)

PACER
36 March 30, 1995

Objections to proposed settlement agreement by NOTICE ONLY THOMAS FREEMAN (lvj) (Entered: 03/30/1995)

PACER
37 March 31, 1995

Objections by NOTICE ONLY KEVIN TRUSTY to proposed settlement agreement (lvj) (Entered: 03/31/1995)

PACER
38 March 31, 1995

Objections by NOTICE ONLY FREDERICK MC MILLIAN to proposed settlement agreement (lvj) (Entered: 03/31/1995)

PACER
39 April 3, 1995

Objections by NOTICE ONLY O'NEIL THOMPSON to proposed settlement agreement (lvj) (Entered: 04/03/1995)

PACER
40 April 4, 1995

Objections by NOTICE ONLY BARRY DAVIS ito proposed settlement agreement (lvj) (Entered: 04/04/1995)

PACER
41 April 5, 1995

Objections by NOTICE ONLY SHAWN ROBERTSON to proposed settlement agreement (lvj) (Entered: 04/05/1995)

PACER
42 April 6, 1995

Objections by NOTICE ONLY LEON L. CARROLL SR to proposed settlement agreement (lvj) (Entered: 04/06/1995)

PACER
43 April 7, 1995

Objections by NOTICE ONLY BRIAN MORGAN to proposed settlement agreement (lvj) (Entered: 04/10/1995)

PACER
44 April 12, 1995

Letter from Steven L. Beverly dated 3/11/95 re: proposed settlement (lvj) (Entered: 04/12/1995)

PACER
45 April 13, 1995

MEMORANDUM AND ORDER THAT THE OBJECTIONS OF THE CLASS MEMBERS ARE OVERRULED; THE PROPOSED SETTLEMNT AGREEMENT IS APPROVED AS FAIR AND REASONABLE; AND THE CLERK SHALL CLOSE THIS CASE STATISTICALLY.( SIGNED BY JUDGE STEWART DALZELL ) 4/14/95 ENTERED AND COPIES MAILED. (lvj) (Entered: 04/14/1995)

PACER
46 April 13, 1995

ORDER THAT PLFF DURANT'S MOTION FOR HEARING REGARDING PROPOSED SETTLEMENT IS DENIED AS MOOT. ( SIGNED BY JUDGE STEWART DALZELL ) 4/14/95 ENTERED AND COPIES MAILED. (lvj) (Entered: 04/14/1995)

PACER
48 April 14, 1995

Minute entry dated 4/12/95 re: Class counsel addressed Plffs' objections to the proposed settlement; Mr. Mattox's response; witnesses sworn; Judge C.A.V. (lvj) (Entered: 04/14/1995)

PACER
Aug. 4, 1995

Case closed (kv) (Entered: 08/07/1995)

PACER
49 May 7, 1996

MOTION BY NOTICE ONLY BARON K. ADAMS TO ENFORCE THE SETTLEMENT AGREEMENT OF 2/21/95 , OR FOR CONTEMPT . (aa) (Entered: 05/07/1996)

PACER
50 May 7, 1996

ORDER: HAVING RECEIVED THE ATTACHED LETTER FROM THE INSTITUTIONAL IMAM OF THE DELAWARE COUNTY PRISON, AND TREATING THE LETTER AS EITHER A MOTION TO ENFORCE THE SETTLEMENT AGREEMENT OF 2/21/95, OR FOR CONTEMPT, THAT DEFTS SHALL RESPOND TO THE MOTION BY 5/31/96 , ETC. ( SIGNED BY JUDGE STEWART DALZELL ) 5/7/96 ENTERED AND COPIES MAILED AND FAXED. (aa) (Entered: 05/07/1996)

PACER
51 May 31, 1996

DELAWARE COUNTY PRISON ADMINISTRATION'S Response to the complaints by Institutional Iman Baron K. Adams, certificate of service. (aa) (Entered: 06/03/1996)

PACER
52 June 5, 1996

ORDER THAT: THE PARTIES SHALL MEET AND CONFER BY 7/1/96; AND BY 7/8/96, THE PARTIES SHALL REPORT JOINTLY ON WHETHER THEY HAVE RESOLVED THEIR DISPUTE, OR THE EXTENT TO WHICH ANY DISPUTE BETWEEN THEM REMAINS FOR DISPOSITION. ( SIGNED BY JUDGE STEWART DALZELL ) 6/5/96 ENTERED AND COPIES MAILED AND FAXED. (aa) (Entered: 06/05/1996)

PACER
53 June 17, 1996

Notice of change of address by BOBBY MORGAN JR.. (fb) (Entered: 06/18/1996)

PACER
54 July 9, 1996

ORDER: THAT THE MOTION FOR CONTEMPT AND/OR TO ENFORCE THE SETTLEMENT AGREEMENT IS DENIED; THE PRISON SHALL POST A COPY OF THIS ORDER IN APPROPRIATE PLACES AT THE DELAWARE COUNTY PRISON; AND FOR TEN DAYS FOLLOWING THE DATE OF THE PRISON'S RECIEPT OF THIS ORDER, THE PRISON SHALL MAKE AVAILABLE FOR INSPECTION A COPY OF THE SETTLEMENT AGREEMENT TO ANY INMATE WHO WISHES, IN CONFORMANCE WITH ANY RELEVANT PRISON RULES. (SIGNED BY JUDGE STEWART DALZELL) 7/9/96 ENTERED AND COPIES MAILED AND FAXED ON 7/9/96. (fb) (Entered: 07/09/1996)

PACER
55 July 9, 1996

Joint Report of DEFENDANT TED LONG, OMAR PAYNE. (aa) (Entered: 07/10/1996)

PACER

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Aug. 24, 1994

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Muslim inmates of Delaware County Prison

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

Delaware County Prison

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Free Exercise Clause

Other Dockets:

Eastern District of Pennsylvania 2:94-cv-05209

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Religious programs / policies

Staff (number, training, qualifications, wages)

Discrimination Basis:

Religion discrimination

Recommended Citation