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)

Attorneys(s) for Plaintiff

Donnelly, E. Gerald Jr. (Pennsylvania)

Murphy, Frank G. (Pennsylvania)

Reich, Abraham C. (Pennsylvania)

Attorneys(s) for Defendant

Diorio, Robert M. (Pennsylvania)

Judge(s)

Dalzell, Stewart R. (Pennsylvania)

Attorneys(s) for Plaintiff

Donnelly, E. Gerald Jr. (Pennsylvania)

Murphy, Frank G. (Pennsylvania)

Reich, Abraham C. (Pennsylvania)

Attorneys(s) for Defendant

Diorio, Robert M. (Pennsylvania)

Documents in the Clearinghouse

Document

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

1995 WL 225431, 1995 U.S.Dist.LEXIS 4911

April 13, 1995

April 13, 1995

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

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

Aug. 24, 1994

Aug. 24, 1994

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

Aug. 24, 1994

Aug. 24, 1994

2

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)

Sept. 8, 1994

Sept. 8, 1994

3

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

Sept. 22, 1994

Sept. 22, 1994

4

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)

Sept. 27, 1994

Sept. 27, 1994

5

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)

Sept. 27, 1994

Sept. 27, 1994

6

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

Sept. 27, 1994

Sept. 27, 1994

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

Sept. 27, 1994

Sept. 27, 1994

7

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

Sept. 28, 1994

Sept. 28, 1994

8

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)

Oct. 4, 1994

Oct. 4, 1994

9

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

Nov. 10, 1994

Nov. 10, 1994

10

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

Nov. 16, 1994

Nov. 16, 1994

11

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

Nov. 16, 1994

Nov. 16, 1994

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

Dec. 1, 1994

Dec. 1, 1994

12

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

Dec. 12, 1994

Dec. 12, 1994

13

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)

Dec. 14, 1994

Dec. 14, 1994

14

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)

Dec. 21, 1994

Dec. 21, 1994

15

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)

Dec. 21, 1994

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)

Dec. 21, 1994

Dec. 21, 1994

16

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)

Dec. 21, 1994

Dec. 21, 1994

17

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

Dec. 21, 1994

Dec. 21, 1994

18

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)

Dec. 21, 1994

Dec. 21, 1994

19

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)

Dec. 22, 1994

Dec. 22, 1994

20

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

Dec. 23, 1994

Dec. 23, 1994

21

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)

Jan. 4, 1995

Jan. 4, 1995

22

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)

Jan. 19, 1995

Jan. 19, 1995

23

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

Jan. 31, 1995

Jan. 31, 1995

24

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)

Feb. 22, 1995

Feb. 22, 1995

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

Feb. 22, 1995

Feb. 22, 1995

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

Feb. 22, 1995

Feb. 22, 1995

25

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)

March 2, 1995

March 2, 1995

26

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

March 6, 1995

March 6, 1995

27

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

March 6, 1995

March 6, 1995

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

March 6, 1995

March 6, 1995

28

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

March 8, 1995

March 8, 1995

29

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

March 8, 1995

March 8, 1995

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

March 8, 1995

March 8, 1995

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

March 8, 1995

March 8, 1995

30

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

March 20, 1995

March 20, 1995

31

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)

March 24, 1995

March 24, 1995

32

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)

March 27, 1995

March 27, 1995

33

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

March 27, 1995

March 27, 1995

34

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

March 28, 1995

March 28, 1995

35

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

March 29, 1995

March 29, 1995

36

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

March 30, 1995

March 30, 1995

37

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

March 31, 1995

March 31, 1995

38

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

March 31, 1995

March 31, 1995

39

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

April 3, 1995

April 3, 1995

40

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

April 4, 1995

April 4, 1995

41

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

April 5, 1995

April 5, 1995

42

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

April 6, 1995

April 6, 1995

43

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

April 7, 1995

April 7, 1995

44

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

April 12, 1995

April 12, 1995

45

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)

April 13, 1995

April 13, 1995

46

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)

April 13, 1995

April 13, 1995

48

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)

April 14, 1995

April 14, 1995

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

Aug. 4, 1995

Aug. 4, 1995

49

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

May 7, 1996

May 7, 1996

50

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)

May 7, 1996

May 7, 1996

51

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

May 31, 1996

May 31, 1996

52

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)

June 5, 1996

June 5, 1996

53

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

June 17, 1996

June 17, 1996

54

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)

July 9, 1996

July 9, 1996

55

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

July 9, 1996

July 9, 1996

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

Delaware County Prison (Delaware), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Free Exercise Clause

Availably Documents:

Trial Court Docket

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: 1995 - None

Issues

General:

Religious programs / policies

Staff (number, training, qualifications, wages)

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run