Case: McGill, Jr. v. Clements

3:19-cv-01712 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: Oct. 1, 2019

Closed Date: Nov. 19, 2021

Clearinghouse coding complete

Case Summary

This case is about whether a correctional facility may house an inmate in solitary confinement for refusal to cut his hair as part of the inmate's religious beliefs. This case was filed by a pre-trial detainee at the Lebanon County Correctional Facility in Pennsylvania against the facility's warden, assistant warden, and head of security on October 3, 2019. The plaintiff, filing pro se, alleged in the U.S. District Court for the Middle District of Pennsylvania that the facility's officials were…

This case is about whether a correctional facility may house an inmate in solitary confinement for refusal to cut his hair as part of the inmate's religious beliefs. This case was filed by a pre-trial detainee at the Lebanon County Correctional Facility in Pennsylvania against the facility's warden, assistant warden, and head of security on October 3, 2019. The plaintiff, filing pro se, alleged in the U.S. District Court for the Middle District of Pennsylvania that the facility's officials were violating his Eighth Amendment rights against cruel and unusual punishment by placing him in solitary confinement in retaliation for the inmate's refusal to cut his hair. The plaintiff requested that he be released from solitary confinement and placed in the facility's general population and sought punitive damages for nine months of false imprisonment. The parties consented to adjudication of the case by Magistrate Judge Joseph F. Saporito, Jr.

On December 20, 2019, the defendants moved to dismiss the case. On February 19, 2020, the plaintiff moved for a preliminary injunction. On February 20, the plaintiff, now represented by attorneys at the Pennsylvania Institutional Law Project, filed an amended complaint. The amended complaint alleged that the defendants violated the plaintiff's rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA), the First Amendment's Free Exercise Clause, and the Fourteenth Amendment's Due Process Clause. In addition, the amended complaint added Lebanon County as a defendant in the case. The constitutional claims were brought against all defendants, while the RLUIPA claim was brought against the individual defendants in their official capacities, as well as against Lebanon County.

The plaintiff alleged that the requirement that he remain in solitary confinement or cut off his dreadlocks imposed a substantial burden on the plaintiff's practice of his Rastafarian religious beliefs, and that the defendants' requirements were not the least restrictive means of furthering a compelling government interest. The plaintiff also alleged that the defendants inhibited his right to free exercise of religion for no legitimate penological purpose, in violation of the First Amendment, as incorporated against the states by the Fourteenth Amendment. Lastly, the plaintiff alleged that the defendants required him to stay in solitary confinement in order to punish him. The plaintiff claimed that this punishment, in light of his status as a pre-trial detainee, violated the Due Process Clause of the Fourteenth Amendment because it was not rationally related to any non-punitive government purpose or was excessive in light of any such purpose. The plaintiff requested an injunction requiring his removal from solitary confinement and release into the general population. He also requested compensatory damages, punitive damages, and attorneys' fees and costs.

On March 13, 2020, the defendants filed a renewed motion to dismiss in light of the amended complaint, seeking to dismiss the plaintiff's RLUIPA and due process claims. On April 21, the United States, through the U.S. Attorney and an Assistant U.S. Attorney for the Middle District of Pennsylvania, filed a statement of interest in the case. The statement stated that the defendants' blanket restriction of dreadlocks would not pass RLUIPA's strict scrutiny analysis based on the facts of the case presented in the parties' pleadings and briefs. The United States highlighted the exceptionally demanding standard established under RLUIPA for limits on religious practice and that the plaintiff had demonstrated a substantial burden on his religious practice. The United States also stated that the defendants were unlikely to demonstrate that the burden on the plaintiff was the least restrictive means of furthering a compelling government interest. Therefore, the United States stated that the court should find that the plaintiff had a reasonable probability of eventual success in the litigation.

On January 22, 2021, the court granted in part and denied in part the defendants' motion to dismiss the case. 2021 WL 232599. The court dismissed the plaintiff's RLUIPA claims for damages against the individual defendants in their official capacities, while allowing the RLUIPA claim for compensatory damages against the county to proceed. While the defendants claimed that monetary damages were not recoverable from any of the defendants, the court found that damages were only precluded from the individual defendants in their individual capacities. The court found that allowing the claim for damages to proceed against the county and the officials in their official capacities would be redundant, since the county would ultimately bear the costs of any damages. The court rejected the defendants' contention that the county was immune from monetary damage awards under RLUIPA, since Eleventh Amendment immunity is not available to counties.

The court also denied the defendants' motion to dismiss as to the plaintiff's substantive due process claim. The defendants moved to dismiss the claim pursuant to the "more-specific-provision rule," which states that where a particular constitutional amendment provides an explicit textual source of protection against government action, the particular amendment, rather than a generalized notion of due process, should be the guide for analyzing the claim. While the court conceded that the plaintiff's Fourteenth Amendment and First Amendment claims shared the same factual basis and arose out of the same conduct, the court found that the two claims rested on distinct legal theories. While his First Amendment claim was grounded in the plaintiff's right to free exercise of religion, the plaintiff's Fourteenth Amendment claim was based on his right to be free from punishment as a pre-trial detainee, independent from his free exercise rights.

On May 17, 2021, the parties stipulated to consolidating this case with Pratt v. Ott, No. 1:20-cv-0171, because both actions shared common issues of law and fact, pursuant to Federal Rule of Civil Procedure 42. The two cases were consolidated under No. 1:20-cv-0171.

The court entered a notice of voluntary dismissal on November 19, 2021. On January 6, 2022, the Pennsylvania Institutional Law Project announced that Lebanon County had agreed to settle with the plaintiffs in the consolidated cases for a total of $147,500. The Lebanon County Correctional Facility also agreed to eliminate its discriminatory hair policy, and will no longer prohibit people from having dreadlocks, braids, or cornrows. 

This case is closed. 

Summary Authors

Nicholas Gillan (11/18/2022)

Grayson Metzger (3/9/2024)

Related Cases

Pratt v. Ott, Middle District of Pennsylvania (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18381223/parties/mcgill-jr-v-clements/


Attorney for Plaintiff

Feldman, Matthew A. (Pennsylvania)

Morgan-Kurtz, Alexandra T (Pennsylvania)

Attorney for Defendant

Clayberger, Matthew (Pennsylvania)

Morcom, Peggy M. (Pennsylvania)

show all people

Documents in the Clearinghouse

Document
1

3:19-cv-01712

Civil Complaint

McGill Jr. v. Clements

Oct. 3, 2019

Oct. 3, 2019

Complaint
30

3:19-cv-01712

Amended Complaint

Feb. 20, 2020

Feb. 20, 2020

Complaint
53

3:19-cv-01712

Order

Jan. 22, 2021

Jan. 22, 2021

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18381223/mcgill-jr-v-clements/

Last updated March 9, 2024, 1:06 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants lodged pending the disposition of the Motion to Proceed In Forma Pauperis, filed by Eric S. McGill, Jr..(lp) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

Clearinghouse
2

MOTION for Leave to Proceed in forma pauperis without certification by Eric S. McGill, Jr..(lp) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
3

Application to proceed in forma pauperis.. (lp) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
4

Application to proceed in forma pauperis.. (lp) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
5

PRISONER AUTHORIZATION by Eric S. McGill, Jr. allowing prison to submit copy of prisoner's trust fund account to the court, and approving the entire filing fee to be deducted from prisoner inmate account.. (lp) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
6

Proposed Order Granting IFP. by Eric S. McGill, Jr... (lp) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
7

U.S. MARSHAL - 285 Completed by Plaintiff. (lp) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
8

PRO SE LETTER ISSUED w/ Notice & Consent Form. (Attachments: # 1 Notice of Consent) (lp) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
9

FIFTEEN (15) DAY ADMINISTRATIVE ORDER - Within 15 days of the date of this Order, the superintendent or warden of the institution at which Plaintiff is currently incarcerated is directed to provide certified copies of the statement of Pltf's trust fund account to this Court and to the Plaintiff. The statement should reflect all activity in that account for the six-month period immediately preceding the lodging of the complaint in this action.Signed by LP on 10/03/2019. Order sent to Superintendent and plaintiff. (lp) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
10

STANDING PRACTICE ORDER sent on 10/03/2019. (lp) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
11

Certified Prisoner Trust Fund Account Statement by Eric S. McGill, Jr.. (ga) Modified on 10/11/2019 (lp). (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
12

ORDER DIRECTING THE CLERK'S OFFICE TO SEND AO 398 AND 399 WAIVERS FORMS to defendants. ; granting 2 Motion for Leave to Proceed in forma pauperis. COMPLAINT IS DEEMED FILED.Signed by Magistrate Judge Joseph F. Saporito, Jr on 10/21/19. (ms) (Entered: 10/21/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER

DOCKET ANNOTATION: Copy of Order (Doc. 12) mailed to the Warden (bg)

Oct. 22, 2019

Oct. 22, 2019

PACER
13

Waiver of Service forms (AO 398 and 399) along with Order of Court (Doc. 12) and Complaint (Doc. 1) Mailed to Timothy L. Clements, Robert J Karnes, Michael Ott. Waiver of Service due by 11/21/2019. (bg) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

PACER
14

NOTICE of Appearance by Peggy M. Morcom on behalf of All Defendants (Morcom, Peggy) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
15

WAIVER OF SERVICE Returned by Michael Ott, Timothy L. Clements, Robert J Karnes. All Defendants. (Morcom, Peggy) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
16

CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to All Plaintiffs YOU MUST SAVE THIS FORM TO YOUR DESKTOP. THEN OPEN THE SAVED FORM AND COMPLETE THE REQUIRED SECTIONS. DO NOT FILE THIS FORM IN THE CLERKS OFFICE. THE FORM MUST BE E-MAILED TO consents@pamd.uscourts.gov OR IF YOU ARE NOT AN ECF REGISTERED USER, THEN MAIL THE FORM TO Clerks Administrative Assistant, Clerks Office, P.O. Box 1148, Scranton, PA 18501-1148. Consent Form due by 12/6/2019 (ms) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

PACER
17

CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to All Defendants YOU MUST SAVE THIS FORM TO YOUR DESKTOP. THEN OPEN THE SAVED FORM AND COMPLETE THE REQUIRED SECTIONS. DO NOT FILE THIS FORM IN THE CLERKS OFFICE. THE FORM MUST BE E-MAILED TO consents@pamd.uscourts.gov OR IF YOU ARE NOT AN ECF REGISTERED USER, THEN MAIL THE FORM TO Clerks Administrative Assistant, Clerks Office, P.O. Box 1148, Scranton, PA 18501-1148. Consent Form due by 12/6/2019 (ms) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

PACER
18

MOTION to Dismiss by Timothy L. Clements, Robert J Karnes, Michael Ott. (Attachments: # 1 Exhibit(s))(Morcom, Peggy) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER
19

BRIEF IN SUPPORT re 18 MOTION to Dismiss filed by Timothy L. Clements, Robert J Karnes, Michael Ott. (Attachments: # 1 Statement of Facts, # 2 Proposed Order)(Morcom, Peggy) (Entered: 01/04/2020)

Jan. 4, 2020

Jan. 4, 2020

PACER
20

ORDER re 18 MOTION to Dismiss filed by Robert J Karnes, Michael Ott, Timothy L. Clements shall be treated as a Rule 56 Motion for Summary Judgment. Signed by Magistrate Judge Joseph F. Saporito, Jr on 1/7/2020. (bg) (Entered: 01/07/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER
21

CONSENTS to Proceed Before US Magistrate Judge Saporito in Direct Assignment Cases pursuant to Standing Order 19-5. (jkc) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
22

Letter by Eric S. McGill, Jr. re Solitary Confinement. (bg) (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER
23

NOTICE of Appearance by Alexandra T Morgan-Kurtz on behalf of Eric S. McGill, Jr. (Morgan-Kurtz, Alexandra) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

PACER
24

NOTICE of Appearance by Matthew A. Feldman on behalf of Eric S. McGill, Jr. (Feldman, Matthew) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

PACER
25

ORDER re 22 Letter filed by Eric S. McGill, Jr. AND NOW, this 6th day of February, 2020, upon consideration of the plaintiffs letter to the court (Doc. 22), which we construe as a motion to enlarge the time within which to file and serve his brief in opposition and Local Rule 56.1 counter-statement of material facts or the affidavit or declaration described in our order of January 6, 2020 (Doc. 20), it is hereby ORDERED that the motion is GRANTED. The plaintiff shall file and serve those documents on or before March 6, 2020. Signed by Magistrate Judge Joseph F. Saporito, Jr on 2/6/2020. (bg) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

PACER
26

Unopposed MOTION for Leave to File Amended Complaint by Eric S. McGill, Jr.. (Attachments: # 1 proposed Amended Complaint, # 2 Proposed Order)(Feldman, Matthew) (Entered: 02/19/2020)

Feb. 19, 2020

Feb. 19, 2020

PACER
27

MOTION for Preliminary Injunction by Eric S. McGill, Jr.. (Attachments: # 1 Proposed Order)(Feldman, Matthew) (Entered: 02/19/2020)

Feb. 19, 2020

Feb. 19, 2020

PACER
28

Summons Issued as to All Defendants and provided TO U.S. MARSHAL for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (ga) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

PACER
29

ORDER DIRECTING U.S. MARSHAL TO SERVE SUMMONS AND COMPLAINT ; finding as moot 18 Motion to Dismiss; granting 26 Motion for Leave to File Amended Complaint; Signed by Magistrate Judge Joseph F. Saporito, Jr on 2/20/20. (ep) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

PACER
30

AMENDED COMPLAINT against All Defendants adding Lebanon County, filed by Eric S. McGill, Jr..(ep) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

Clearinghouse
31

Summons Issued as to Lebanon County and provided TO U.S. MARSHAL for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (Attachments: # 1 USM 285 Form) (ep) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

PACER
32

NOTICE of Appearance by Peggy M. Morcom on behalf of Lebanon County (Morcom, Peggy) (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

PACER
33

WAIVER OF SERVICE Returned by Lebanon County. Lebanon County waiver sent on 2/21/2020, answer due 4/21/2020. (Morcom, Peggy) (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

PACER
34

BRIEF IN SUPPORT re 27 MOTION for Preliminary Injunction filed by Eric S. McGill, Jr.. (Attachments: # 1 Exhibit(s), # 2 Unpublished Opinion(s), # 3 Unpublished Opinion(s))(Feldman, Matthew) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER
35

MOTION for Extension of Time to File Answer re 30 Amended Complaint by Lebanon County. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Morcom, Peggy) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
36

ORDER granting 35 Motion for Extension of Time to Answer All Defendants. Signed by Magistrate Judge Joseph F. Saporito, Jr on 3/6/20 (ms) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
37

MOTION to Expedite Discovery by Eric S. McGill, Jr.. (Attachments: # 1 Exhibit(s) 1, # 2 Proposed Order)(Morgan-Kurtz, Alexandra) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
38

BRIEF IN SUPPORT re 37 MOTION to Expedite Discovery filed by Eric S. McGill, Jr.. (Attachments: # 1 Unpublished Opinion(s))(Morgan-Kurtz, Alexandra) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
39

NOTICE of Appearance by Matthew Clayberger on behalf of Timothy L. Clements, Robert J Karnes, Lebanon County, Michael Ott (Clayberger, Matthew) (Entered: 03/11/2020)

March 11, 2020

March 11, 2020

PACER
40

MOTION for Extension of Time to file Brief in Opposition to Plaintiff's Motion for Preliminary Injunction by Timothy L. Clements, Robert J Karnes, Lebanon County, Michael Ott. (Attachments: # 1 Proposed Order)(Clayberger, Matthew) (Entered: 03/11/2020)

March 11, 2020

March 11, 2020

PACER
41

ORDER granting 40 Motion to Extend Time to file brief in opposition to plaintiff's PI motion. Opposition brief due 3/18/20.Signed by Magistrate Judge Joseph F. Saporito, Jr on 3/12/20 (ms) (Entered: 03/12/2020)

March 12, 2020

March 12, 2020

PACER
42

MOTION to Dismiss by Timothy L. Clements, Robert J Karnes, Lebanon County, Michael Ott. (Attachments: # 1 Proposed Order)(Clayberger, Matthew) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
43

BRIEF IN SUPPORT re 42 MOTION to Dismiss filed by Timothy L. Clements, Robert J Karnes, Lebanon County, Michael Ott.(Clayberger, Matthew) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
44

BRIEF IN OPPOSITION re 37 MOTION to Expedite Discovery filed by Timothy L. Clements, Robert J Karnes, Lebanon County, Michael Ott.(Clayberger, Matthew) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

PACER
45

BRIEF IN OPPOSITION re 27 MOTION for Preliminary Injunction filed by Timothy L. Clements, Robert J Karnes, Lebanon County, Michael Ott. (Attachments: # 1 Exhibit(s) A; A-1, # 2 Exhibit(s) B)(Clayberger, Matthew) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

PACER
46

BRIEF IN OPPOSITION re 42 MOTION to Dismiss filed by Eric S. McGill, Jr.. (Attachments: # 1 Unpublished Opinion(s), # 2 Unpublished Opinion(s), # 3 Unpublished Opinion(s), # 4 Unpublished Opinion(s), # 5 Unpublished Opinion(s))(Feldman, Matthew) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
47

REPLY BRIEF re 27 MOTION for Preliminary Injunction filed by Eric S. McGill, Jr.. (Attachments: # 1 Unpublished Opinion(s))(Morgan-Kurtz, Alexandra) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
48

REPLY BRIEF re 42 MOTION to Dismiss filed by Timothy L. Clements, Robert J Karnes, Lebanon County, Michael Ott.(Clayberger, Matthew) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
49

MEMORANDUM OF LAW by UNITED STATES OF AMERICA re 27 MOTION for Preliminary Injunction Statement of Interest. (Attachments: # 1 Certificate of Word Count)(Butler, Michael) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

RECAP
50

Unopposed MOTION to Withdraw 27 MOTION for Preliminary Injunction by Eric S. McGill, Jr.. (Attachments: # 1 Proposed Order)(Morgan-Kurtz, Alexandra) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
51

ORDER granting 50 Motion to Withdraw ; withdrawing 27 Motion for Preliminary Injunction; finding as moot 37 Motion to Expedite Signed by Magistrate Judge Joseph F. Saporito, Jr on 5/6/20 (ms) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
52

MEMORANDUM (Order to follow as separate docket entry) re 42 MOTION to Dismiss filed by Robert J Karnes, Michael Ott, Timothy L. Clements, Lebanon County Signed by Magistrate Judge Joseph F. Saporito, Jr on 1/22/21. (ms) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

RECAP
53

ORDER granting in part and denying in part 42 Motion to Dismiss. See Order for details. Defendants shall file an answer to the Doc. 30 amended complaint within 14 days after the date of this Order. Signed by Magistrate Judge Joseph F. Saporito, Jr on 1/22/21 (ms) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

Clearinghouse
54

ANSWER to 30 Amended Complaint by Timothy L. Clements, Robert J Karnes, Lebanon County, Michael Ott.(Clayberger, Matthew) (Entered: 01/27/2021)

Jan. 27, 2021

Jan. 27, 2021

PACER
55

SCHEDULING ORDER: Telephonic Case Management Conference set for 2/9/2021 03:00 AM before Magistrate Judge Joseph F. Saporito Jr. Information to access conference contained in Order. Attached scheduling order to be completed and provided to Court 3 business days prior to conference. Signed by Magistrate Judge Joseph F. Saporito, Jr on 1/28/21. (ms) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
56

CASE MANAGEMENT PLAN (Joint) by Timothy L. Clements, Robert J Karnes, Lebanon County. (Clayberger, Matthew) (Entered: 02/04/2021)

Feb. 4, 2021

Feb. 4, 2021

PACER
58

SCHEDULING ORDER: Amended Pleadings due by 3/31/2021. Discovery due by 8/13/2021. Plaintiff Expert Report is due by 9/10/2021. Defendant Expert Report is due by 9/24/2021. Supplementations due 10/8/21. Joinder of Parties due by 3/31/2021. Motions due by 11/5/2021. Signed by Magistrate Judge Joseph F. Saporito, Jr on 2/9/21. (ms) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
59

Joint MOTION to Consolidate Cases by Eric S. McGill, Jr.. (Attachments: # 1 Proposed Order)(Feldman, Matthew) (Entered: 05/17/2021)

May 17, 2021

May 17, 2021

RECAP

Case Details

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Speech and Religious Freedom

Key Dates

Filing Date: Oct. 1, 2019

Closing Date: Nov. 19, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A pretrial detainee in the Lebanon County Correctional Facility

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Pennsylvania Institutional Law Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Lebanon County (Lebanon), County

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Free Exercise Clause

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: $147,500

Issues

General/Misc.:

Conditions of confinement

Retaliation

Discrimination Area:

Discipline

Disparate Treatment

Discrimination Basis:

Religion discrimination

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Solitary confinement/Supermax (conditions or process)