Case: D.B. v. Casey

2:91-cv-06463 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Oct. 16, 1991

Closed Date: 1993

Clearinghouse coding complete

Case Summary

On October 16, 1991, a class action lawsuit was filed in the United States District Court for the Eastern District of Pennsylvania on behalf of all boys confined, presently or in the future, in the Youth Development Center in Bensalem, Pennsylvania, against the Commonwealth of Pennsylvania. The plaintiffs, represented by private counsel and the Juvenile Law Center, sought declaratory and injunctive relief under 42 U.S.C. § 1983, alleging that their constitutional rights were violated by condit…

On October 16, 1991, a class action lawsuit was filed in the United States District Court for the Eastern District of Pennsylvania on behalf of all boys confined, presently or in the future, in the Youth Development Center in Bensalem, Pennsylvania, against the Commonwealth of Pennsylvania. The plaintiffs, represented by private counsel and the Juvenile Law Center, sought declaratory and injunctive relief under 42 U.S.C. § 1983, alleging that their constitutional rights were violated by conditions at the Youth Development Center.

The Youth Development Center's population was made up almost entirely of minorities, unlike the other juvenile detention facilities in Pennsylvania. The plaintiffs claimed that the Youth Development Center was overcrowded, unsanitary, and unsafe. They complained that the State provided inadequate staff, medical care, mental health care, education, rehabilitative programming, food and nutrition, recreational programming, access to legal counsel, and visitation privileges. Although the facility had both secure and open wards, violent detainees were neither classified nor housed separately from non-violent juveniles. The problem was exacerbated by courts that mistakenly assigned children too young for detention to the Youth Development Center. The facility was plagued by violence, inflicted by both inmates and staff. Employees beat, physically restrained, and isolated juveniles as punishment. In addition, some staff members trafficked drugs and alcohol, engaged in and permitted sexual activity with detainees, allowed them to have sexual relationships with one another, and assisted detainees to escape.

On April 9, 1993, the United States District Court for the Eastern District of Pennsylvania (Judge Stewart R. Dalzell) approved a Stipulation of Settlement. The settlement recognized that many of the Youth Development Center's policies actually prohibited the complained of activity. The State agreed to enforce these policies, which it could not change without approval from the plaintiffs. The state agreed to increase and improve staff development to ensure that trained professionals provided consistent service. The State also agreed to screen detainees for disabilities, educate them, and hire a full time Client Rights Advocate. The State would hire a consultant (Peter Leone or another mutually acceptable expert) to monitor the State's conformance with the agreement. The parties agreed to address new complaints and non-compliance issues solely through an administrative system outlined in the Stipulation of Settlement.

On December 1, 1994, a probationary period for the parties to gauge their satisfaction with the settlement ended and the suit was dismissed. We have no additional information on this case or the efficacy of the process for addressing complaints.

Summary Authors

Elizabeth Chilcoat (5/23/2006)

People


Judge(s)

Dalzell, Stewart R. (Pennsylvania)

Attorneys(s) for Plaintiff

Gold, Richard J. (Pennsylvania)

Kurland, Seymour (Pennsylvania)

Lisi, Nicholas J. (Pennsylvania)

Schwartz, Robert G. (Pennsylvania)

Vilim, Guy (Pennsylvania)

Attorneys(s) for Defendant

Helling, Ernest N. (Pennsylvania)

Kane, John A. (Pennsylvania)

Leisch, Doris M. (Pennsylvania)

Judge(s)

Dalzell, Stewart R. (Pennsylvania)

Attorneys(s) for Plaintiff

Gold, Richard J. (Pennsylvania)

Kurland, Seymour (Pennsylvania)

Lisi, Nicholas J. (Pennsylvania)

Schwartz, Robert G. (Pennsylvania)

Vilim, Guy (Pennsylvania)

Attorneys(s) for Defendant

Helling, Ernest N. (Pennsylvania)

Kane, John A. (Pennsylvania)

Leisch, Doris M. (Pennsylvania)

Documents in the Clearinghouse

Document

Docket (PACER)

Dec. 1, 1994 Docket

Complaint for Declaratory and Injunctive Relief

Oct. 16, 1991 Complaint

Docket

Last updated May 13, 2022

ECF Number Description Date Link
1

MOTION by PLAINTIFF D. B., PLAINTIFF K. H., PLAINTIFF M. M. TO PROCEED IN FORMA PAUPERIS DECLARATION IN SUPPORT OF (cj) (Entered: 10/17/1991)

Oct. 16, 1991
2

ORDER REASSIGNING FROM THE CALENDAR OF CHIEF JUDGE LOUIS C. BECHTLE TO THE CALENDAR OF JUDGE STEWART DALZELL . ( SIGNED BY CLERK OF COURT MICHAEL E. KUNZ ) 11/7/91 ENTERED AND COPIES MAILED. (fe) (Entered: 11/07/1991)

Nov. 7, 1991
3

ORDER GRANTING [1-1] MOTION TO PROCEED IN FORMA PAUPERIS. CLERK IS DIRECTED TO ENTER CASE ON DOCKET. PLFFS ARE ORDERED FORTHWITH TO SERVE MOTION FOR CLASS CERTIFICATION ON ALL DEFTS. ( SIGNED BY JUDGE STEWART DALZELL ) 11/14/91 ENTERED AND COPIES MAILED. (fe) (Entered: 11/14/1991)

Nov. 13, 1991
4

Complaint. (fe) (Entered: 11/14/1991)

Nov. 13, 1991

Summons(es) issued Forwarded to: counsel 11/14/91 (fe) (Entered: 11/14/1991)

Nov. 13, 1991
5

MOTION PLAINTIFF D. B., PLAINTIFF K. H., PLAINTIFF M. M. FOR CLASS CERTIFICATION , MEMORANDUM (fe) (Entered: 11/14/1991)

Nov. 13, 1991
6

Praecipe by PLAINTIFF D. B., PLAINTIFF K. H., PLAINTIFF M. M. to issue alias summons (fe) (Entered: 01/02/1992)

Jan. 2, 1992
7

Certificate of service by PLAINTIFF D. B., PLAINTIFF K. H., PLAINTIFF M. M. re: Motion for Class Certification. (fe) (Entered: 01/27/1992)

Jan. 24, 1992
8

Alias summons returned with Return of service executed as to DEFENDANT KAREN SNIDER, DEFENDANT DONALD CARROLL 1/10/92 (fe) (Entered: 01/29/1992)

Jan. 28, 1992

Alias summons returned with Return of service executed as to DEFENDANT ROBERT P. CASEY 1/14/92 (fe) Modified on 01/29/1992 (Entered: 01/29/1992)

Jan. 28, 1992
9

STIPULATION & ORDER EXTENDING TIME FOR DEFTS TO FILE RESPONSES TO COMPLAINT AND MOTION FOR CLASS CERTIFICATION UNTIL 3/2/92 ( SIGNED BY JUDGE STEWART DALZELL ) 2/4/92 ENTERED AND COPIES MAILED. (fe) (Entered: 02/04/1992)

Feb. 3, 1992
10

Acknowledgement of service as to DEFENDANT DONALD CARROLL 1/31/92 (fe) (Entered: 02/12/1992)

Feb. 12, 1992
11

STIPULATION & ORDER THAT CASE SHALL BE PLACED IN SUSPENSE FOR 90 DAYS OR UNTIL 6/4/92. ( SIGNED BY JUDGE STEWART DALZELL ) 3/6/92 ENTERED AND COPIES MAILED. (fe) Modified on 03/06/1992 (Entered: 03/06/1992)

March 6, 1992
12

ORDER THAT THE CLERK OF COURT MARK THIS ACTION CLOSED FOR STATISTICAL PURPOSES AND PLACE THE MATTER IN THE CIVIL SUSPENSE FILE. ( SIGNED BY JUDGE STEWART DALZELL ) 3/6/92 ENTERED AND COPIES MAILED. (fe) (Entered: 03/06/1992)

March 6, 1992
13

STIPULATION AND PROTECTIVE ORDER. ( SIGNED BY JUDGE STEWART DALZELL ) 9/9/92 ENTERED AND COPIES MAILED. (fe) (Entered: 09/09/1992)

Sept. 8, 1992
14

ORDER THAT CLERK IS DIRECTED TO REMOVE THIS ACTION FROM SUSPENSE . PRETRIAL CONFERENCE SHALL BE HELD 4:15 9/15/92 ( SIGNED BY JUDGE STEWART DALZELL ) 9/9/92 ENTERED AND COPIES MAILED. (fe) (Entered: 09/09/1992)

Sept. 8, 1992
15

ORDER THAT DEFTS ARE GRANTED AN EXTENSION UNTIL FURTHER ORDER TO RESPOND TO COMPLAINT AND MOTION FOR CLASS CERTIFICATION. STATUS CONFERENCE WILL BE HELD 9:00 10/16/92 ( SIGNED BY JUDGE STEWART DALZELL ) 9/16/92 ENTERED AND COPIES MAILED. (fe) (Entered: 09/16/1992)

Sept. 15, 1992
16

Appearance by NICHOLAS J. LISI for DEFENDANT ROBERT P. CASEY, DEFENDANT KAREN SNIDER, DEFENDANT DONALD CARROLL (fe) (Entered: 09/25/1992)

Sept. 24, 1992
18

Notice of change of address by PLAINTIFF'S counsel (fe) (Entered: 10/27/1992)

Oct. 26, 1992
19

ORDER SETTLEMENT CONFERENCE SCHEDULED FOR 11/30/92 AT 4:30 IS CONTINUED TO 10:30 12/14/92 ( SIGNED BY JUDGE STEWART DALZELL ) 11/30/92 ENTERED AND COPIES MAILED. (fe) (Entered: 11/30/1992)

Nov. 25, 1992
20

ORDER THAT A FURTHER STATUS CONFERENCE WILL BE HELD ON FOR 4:30 1/26/93 ( SIGNED BY JUDGE STEWART DALZELL ) 12/15/92 ENTERED AND COPIES MAILED. (fe) (Entered: 12/15/1992)

Dec. 15, 1992
21

ORDER THAT HEARING TO DETERMINE FAIRNESS OF PROPOSED SETTLEMENT TO CLASS SHALL BE RESCHEDULED FROM 3/17/93 TO 4/8/93 AT 4PM. ( SIGNED BY JUDGE STEWART DALZELL ) 3/16/93 ENTERED AND COPIES MAILED. (fe) (Entered: 03/16/1993)

March 16, 1993
22

Notice of proposed settlement of class action (fe) (Entered: 03/18/1993)

March 17, 1993
23

ORDER THAT THE FORM OF NOTICE OF PROPOSED SETTLEMENT IS APPROVED. THE PARTIES SHALL CAUSE COPIES OF THE NOTICE TO BE CONSPICOUSLY POSTED AT PLACES IN THE YOUTH DEVELOPMENT CENTER AT BENSALEM, PA TO ASSURE THAT ALL STUDENTS AR PROMPTLY MADE AWARE OF NOTICE. ( SIGNED BY JUDGE STEWART DALZELL ) 3/19/93 ENTERED AND COPIES MAILED. (fe) (Entered: 03/19/1993)

March 18, 1993
24

Stipulation of settlement. (fe) (Entered: 04/09/1993)

April 9, 1993
25

ORDER THAT CLERK CLOSE CASE STATISTICALLY. ( SIGNED BY JUDGE STEWART DALZELL ) 4/9/93 ENTERED AND COPIES MAILED. (fe) (Entered: 04/09/1993)

April 9, 1993

Case closed (kv) (Entered: 04/14/1993)

April 9, 1993
26

Joint Stipulation to extend time, certificate of service. (fe) (Entered: 09/15/1994)

Sept. 14, 1994
27

ORDER, THAT PURSUANT TO PARAGRAPH 18 OF THE MARCH 17, 1993 STIPULATION OF SETTLEMENT, WHICH THIS COURT APPROVED BY ORDER OF APRIL 9, 1993, THE TIME PERIOD REFERRED TO IN PARAGRAPHS 18-19 OF THE STIPULATION OF SETTLEMENT IS EXTENDED TO SEPTEMBER 30, 1994; AND IF ANY PARTY BELIEVES THAT ANY FURTHER EXTENSION IS REQUIRED, THAT PARTY SHALL NOTIFY THE COURT BY FAX, NO LATER THAN 5:00 P.M. ON SEPTEMBER 26, 1994 OF SUCH A REQUEST. (SIGNED BY JUDGE STEWART DALZELL) 9/15/94 ENTERED AND COPIES MAILED. (fe) (Entered: 09/15/1994)

Sept. 14, 1994
28

ORDER, THAT UPON CONSIDERATION OF A LETTER FROM GUY VILIM DATED SEPTEMBER 23, 1994, IN WHICH HE REQUESTS AN EXTENSION OF TIME PURSUANT TO PARAGRAPH 2 OF THIS COURT'S ORDER DATED SEPTEMBER 14, 1994, IT IS HEREBY ORDERED THAT COUNSEL FOR ALL PARTIES SHALL APPEAR IN CHAMBERS ON 10/5/94 AT 9:30 A.M. (SIGNED BY JUDGE STEWART DALZELL) 9/28/94 ENTERED AND COPIES MAILED. (fe) (Entered: 09/28/1994)

Sept. 27, 1994
29

ORDER, THAT PURSUANT TO PARAGRAPH 18 OF THE MARCH 17, 1993 STIPULATION OF SETTLEMENT, WHICH THIS COURT APPROVED BY ORDER DATED APRIL 9, 1993, THE TIME PERIOD REFERRED IN THE PARAGRAPHS 18-19 OF THE STIPULATION OF SETTLEMENT IN EXTENDED TO NOVEMBER 30, 1994; AND COUNSEL FOR THE PARTIES SHALL RECONVENE IN CHAMBERS AT 4:00 P.M. ON NOVEMBER 21, 1994, IF, IN THE VIEW OF ANY PARTY, A FURTHER EXTENSION IS NECESSARY. (SIGNED BY JUDGE STEWART DALZELL) 10/6/94 ENTERED AND COPIES MAILED. (fe) (Entered: 10/06/1994)

Oct. 5, 1994
30

ORDER, THAT THE CONFERENCE CONTEMPLATED IN PARAGRAPH 2 OF OUR OCTOBER 5, 1994 ORDER IS CANCELLED. (SIGNED BY JUDGE STEWART DALZELL), 11/21/94 ENTERED AND COPIES MAILED. (fe) (Entered: 11/21/1994)

Nov. 18, 1994
31

ORDER THAT UPON CONSIDERATION OF THE AMENDED STIPULATION OF SETTLEMENT PROPOSED BY THE PARTIES IN THIS MATTER, IT IS HEREBY ORDERED THAT THE AMENDED STIPULATION OF SETTLEMENT IS APPROVED AND THAT THE AMENDED STIPULATION OF SETTLEMENT SUPERSEDES THE ORIGINAL STIPULATION OF SETTLEMENT IN THIS MATTER, EFFECTIVE IMMEDIATELY UPON THE SIGNING OF THIS ORDER. IT IS FURTHER ORDERED THAT THIS CASE SHALL REMAIN CLOSED STATISTICALLY. ( SIGNED BY JUDGE STEWART DALZELL ) 12/2/94 ENTERED AND COPIES MAILED. (cd) (Entered: 12/02/1994)

Dec. 1, 1994
32

Amended Stipulation of Settlement, filed. (cd) (Entered: 12/02/1994)

Dec. 1, 1994

State / Territory: Pennsylvania

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: Oct. 16, 1991

Closing Date: 1993

Case Ongoing: No

Plaintiffs

Plaintiff Description:

all boys confined, presently or in the future, in the Youth Development Center in Bensalem, Pennsylvania

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Juvenile Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Commonwealth of Pennsylvania (Bensalem), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

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: 1993 - None

Issues

General:

Access to lawyers or judicial system

Assault/abuse by residents/inmates/students

Classification / placement

Counseling

Disciplinary procedures

Disciplinary segregation

Education

Food service / nutrition / hydration

Mail

Personal injury

Recreation / Exercise

Discrimination-basis:

Race discrimination

Affected Gender:

Male

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run