Case: Horton v. Rangos

2:22-cv-01391 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Oct. 2, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about probation detainers that were allegedly used to detain a purported class of individuals in Allegheny County Jail (ACJ) for many months, or even years, without lawful justification and with almost no meaningful opportunity to obtain release. Probation detainers are orders preventing the release of individuals from jail when those individuals are on probation at the time of their arrest. On October 2, 2022, six individuals detained at ACJ filed a putative class action lawsuit…

This is a case about probation detainers that were allegedly used to detain a purported class of individuals in Allegheny County Jail (ACJ) for many months, or even years, without lawful justification and with almost no meaningful opportunity to obtain release. Probation detainers are orders preventing the release of individuals from jail when those individuals are on probation at the time of their arrest. On October 2, 2022, six individuals detained at ACJ filed a putative class action lawsuit in the U.S. District Court for the Western District of Pennsylvania. The plaintiffs sued three Allegheny County judges, the County Jail Warden, the Directory of Probation, and other probation officials under 42 U.S.C. § 1983 and the Fourteenth Amendment, as well as the Pennsylvania State Constitution.

Within 14 days of their arrest, detained individuals have what is referred to as a Gagnon 1 hearing, which comes from the case Gagnon v. Scarpelli. 93 S.Ct. 1756. At this hearing, probation officials determine whether to issue a probation detainer to keep the individual detained until their final hearing on the merits of the alleged violation. The complaint alleged that the defendants conducted perfunctory and unlawful Gagnon I hearings, depriving the plaintiffs of any opportunities to present evidence and challenge the evidence against them. The plaintiffs claimed that these perfunctory hearings violated their procedural due process rights under the Fourteenth Amendment. In some cases, the complaint further alleged, regardless of the specific facts or mitigating circumstances with respect to certain probation violations, probation officers were required by the defendants to enforce a mandatory detention policy. The plaintiffs' claimed that the practice of imposing mandatory detention without any individualized considerations further violated their Fourteenth Amendment procedural due process rights. The complaint also alleged that some individuals were arrested for probation or supervision violations for prolonged periods of time without adequate consideration of whether such detention was necessary given the nature of the specific violation. This, the plaintiffs claimed, created a risk of erroneous detention and did not bear a reasonable relationship to any legitimate purpose for detention, violating their procedural and substantive due process rights under the Fourteenth Amendment. The plaintiffs made the same procedural and substantive due process claims under the Pennsylvania State Constitution.

Represented by public interest lawyers from Civil Rights Corp and the Abolitionist Law Center, the plaintiffs sought a declaration that the defendants’ policies and practices violated their rights under the United States and Pennsylvania Constitutions, an injunction against the continuation of those unconstitutional practices, monetary compensation for the harm they suffered, and attorneys’ fees. Plaintiffs also sought the certification of two classes and two subclasses. The first class, the Pre-Gagnon I Class, includes all individuals, who are now or will in the future be, detained at the ACJ on a probation detainer awaiting a Gagnon I hearing. The first subclass is the Pre-Gagnon I Mandatory Detention Subclass, which includes individuals who are now or will in the future be, detained in the ACJ on a probation detainer pursuant to a mandatory detention policy and awaiting a Gagnon I hearing. The second class is the Post-Gagnon I Class and includes all individuals who, at any time since October 3, 2020 to the present, were detained on a probation detainer at their Gagnon I hearing without a finding that such detention was necessary to satisfy a legitimate government interest. The remaining subclass is the Post-Gagnon I Mandatory Detention Subclass, and it includes all individuals who, at any time since October 3, 2020 through the present, were ordered automatically detained on a probation detainer at their Gagnon I hearing pursuant to a mandatory detention policy.

The case was assigned to Judge J. Nicholas Ranjan.

The plaintiffs filed a motion for a preliminary injunction on October 3, 2022. The defendants filed motions to dismiss for failure to state a claim between November 23 and December 9, 2022. The parties attended mediation on December 6, 2022, but the case remained unresolved.

On April 14, 2023, the court denied the defendants’ motion to dismiss. 2023 WL 2957425. The court held that at least some plaintiffs stated proper claims against each defendant. Further, the court held that the plaintiffs had standing to bring their claims, and the various procedural and immunity doctrines invoked by the defendants as a basis for dismissing the complaint were either inadequate or inapplicable. Finally, the court rejected the defendants' contention that plaintiffs failed to present sufficient factual allegations to plausibly state a claim on which relief could be granted.  It reasoned that the plaintiffs had made specific allegations particular to each defendant. On May 12, 2023, the defendants filed motions for reconsideration, which remain pending as of July 2023.  

Summary Authors

Simran Takhar (1/3/2023)

Simran Takhar (7/12/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/65396089/parties/horton-v-rangos/


Attorney for Plaintiff

Grote, Bret (Pennsylvania)

Attorney for Defendant

Bacharach, John A. (Pennsylvania)

Biondo, Dennis R. (Pennsylvania)

Daley, Michael (Pennsylvania)

Feigenbaum, Nicole Pa (Pennsylvania)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document
1

2:22-cv-01391

Complaint - Class Action, Jury Trial Demanded

Oct. 2, 2022

Oct. 2, 2022

Complaint
104

2:22-cv-01391

Memorandum Order

April 14, 2023

April 14, 2023

Order/Opinion

2023 WL 2023

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65396089/horton-v-rangos/

Last updated Feb. 26, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against JILL RANGOS, FRANK SCHERER, ANTHONY MARIANI, KELLY BIGLEY, CHARLENE CHRISTMAS, ROBERT OBRIEN, STEPHEN ESSWEIN, RENAWN HARRIS, ORLANDO HARPER, (Filing fee, including Administrative fee, $402, receipt number APAWDC-7323737), filed by DION HORTON, DAMON JONES, CRAIG BROWNLEE, RAHDNEE ODEN-PRITCHETT, TATE STANFORD, ELIJAH BRONAUGH (Attachments: # 1 Civil Cover Sheet) (keh) (Entered: 10/03/2022)

1 Civil Cover Sheet

View on PACER

Oct. 2, 2022

Oct. 2, 2022

Clearinghouse

Judge Nora Barry Fischer presiding. Judge D. Michael Fisher no longer assigned to case. (ctb)

Oct. 3, 2022

Oct. 3, 2022

PACER
2

MOTION for Preliminary Injunction by ELIJAH BRONAUGH, CRAIG BROWNLEE, DION HORTON, DAMON JONES, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (Attachments: # 1 Proposed Order) (Saleh, Sumayya) (Entered: 10/03/2022)

Oct. 3, 2022

Oct. 3, 2022

PACER
3

BRIEF in Support re 2 Motion for Preliminary Injunction filed by ELIJAH BRONAUGH, CRAIG BROWNLEE, DION HORTON, DAMON JONES, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (Attachments: # 1 Exhibit) (Saleh, Sumayya) (Entered: 10/03/2022)

Oct. 3, 2022

Oct. 3, 2022

PACER
4

ORDER REASSIGNING CASE, the Clerk of Court shall reassign this case to another Judge on this Court. Judge Nora Barry Fischer no longer assigned to case. Signed by Judge Nora Barry Fischer on 10/3/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk) (Entered: 10/03/2022)

Oct. 3, 2022

Oct. 3, 2022

PACER

Order Reassigning Case

Oct. 3, 2022

Oct. 3, 2022

PACER

Judge Robert J. Colville added. (av)

Oct. 4, 2022

Oct. 4, 2022

PACER
5

NOTICE of Appearance by Bret Grote on behalf of ELIJAH BRONAUGH, CRAIG BROWNLEE, DION HORTON, DAMON JONES, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (Grote, Bret) (Entered: 10/04/2022)

Oct. 4, 2022

Oct. 4, 2022

RECAP
6

NOTICE of Appearance by Dolly Prabhu on behalf of ELIJAH BRONAUGH, CRAIG BROWNLEE, DION HORTON, DAMON JONES, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (Prabhu, Dolly) (Entered: 10/05/2022)

Oct. 5, 2022

Oct. 5, 2022

RECAP
7

WAIVER OF SERVICE Returned Executed by ELIJAH BRONAUGH, CRAIG BROWNLEE, DAMON JONES, DION HORTON, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. ORLANDO HARPER waiver sent on 10/3/2022, answer due 12/2/2022. (Saleh, Sumayya) (Entered: 10/05/2022)

Oct. 5, 2022

Oct. 5, 2022

RECAP
8

ORDER OF RECUSAL. Pursuant to 28 U.S.C. ยง 455, Judge Robert J. Colville recuses himself from the above captioned case. IT IS HEREBY ORDERED that the Clerk of Court is directed to reassign this matter to another member of this Court. Signed by Judge Robert J. Colville on 10/5/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo) (Entered: 10/05/2022)

Oct. 5, 2022

Oct. 5, 2022

PACER

Judge J. Nicholas Ranjan added. (av)

Oct. 5, 2022

Oct. 5, 2022

PACER

Order of Recusal

Oct. 5, 2022

Oct. 5, 2022

PACER
9

MOTION for attorney Leonard J. Laurenceau to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7331792) by ELIJAH BRONAUGH, CRAIG BROWNLEE, DION HORTON, DAMON JONES, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (Attachments: # 1 Affidavit in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit 1 - Certificate of Good Standing) (Laurenceau, Leonard) (Entered: 10/06/2022)

1 Affidavit in Support of Motion for Admission Pro Hac Vice

View on RECAP

2 Exhibit 1 - Certificate of Good Standing

View on RECAP

Oct. 6, 2022

Oct. 6, 2022

RECAP

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 9 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. (pak)

Oct. 11, 2022

Oct. 11, 2022

PACER
10

Proposed Order re 9 Motion to Appear Pro Hac Vice, Leonard J. Laurenceau by ELIJAH BRONAUGH, CRAIG BROWNLEE, DION HORTON, DAMON JONES, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (Laurenceau, Leonard) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

RECAP
11

ORDER. A Video Status Conference is set for 10/12/2022 at 3:00 p.m. before Judge J. Nicholas Ranjan. The Court will e-mail plaintiff's counsel prior to the hearing date with details for accessing the video conference. Plaintiff's counsel shall provide defense counsel with a copy of this Order and the details for accessing the video conference. Signed by Judge J. Nicholas Ranjan on 10/11/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
12

ORDER. The Video Status Conference set for 10/12/2022 at 3:00 p.m. is hereby RESCHEDULED for the same date at 10:30 a.m. The details for accessing the video conference remain unchanged. Plaintiff's counsel shall provide defense counsel with a copy of this Order. Signed by Judge J. Nicholas Ranjan on 10/11/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
13

NOTICE of Appearance by John A. Bacharach on behalf of ORLANDO HARPER. (Bacharach, John) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

RECAP
14

NOTICE of Appearance by Dennis R. Biondo, Jr on behalf of ORLANDO HARPER. (Biondo, Dennis) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

RECAP

~Util - Set Hearings AND Order

Oct. 11, 2022

Oct. 11, 2022

PACER

~Util - Set Hearings AND Order AND 1 - Terminate Deadlines and Hearings

Oct. 11, 2022

Oct. 11, 2022

PACER

~Util - Set Hearings AND 1 - Terminate Deadlines and Hearings AND Order

Oct. 11, 2022

Oct. 11, 2022

PACER

1 - Terminate Deadlines and Hearings AND ~Util - Set Hearings AND Order

Oct. 11, 2022

Oct. 11, 2022

PACER
15

ORDER granting 9 Motion for Leonard J. Laurenceau to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 10/12/2022. (pak) (Entered: 10/12/2022)

Oct. 12, 2022

Oct. 12, 2022

PACER
16

Minute Entry for proceedings held before Judge J. Nicholas Ranjan: Video Status Conference held on 10/13/2022. (Court Reporter: D. Betzler) (pak) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER
17

CASE MANAGEMENT ORDER: A hearing on the 2 Motion for Preliminary Injunction is set for 12/20/2022 at 9:30 AM in Courtroom 6C before Judge J. Nicholas Ranjan. The Court authorizes an expedited discovery schedule. Plaintiffs' supplemental brief in support due by 12/8/2022; Brief in opposition due by 12/15/2022; Reply brief due by 12/19/2022. The parties shall conduct a mediation session prior to the motion hearing on 12/20/2022. Plaintiffs' counsel shall coordinate with counsel and the mediator as to scheduling of mediation and file a Stipulation Selecting ADR Process by 10/27/2022. Appearances of counsel for all parties must be filed by 10/20/2022. Plaintiffs' counsel shall serve a copy of this Order by e-mail on counsel for the "Administrative Office of Pennsylvania Defendants." Signed by Judge J. Nicholas Ranjan on 10/13/2022. (pak) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER
18

ORDER REFERRING CASE to Mediation. Carole Katz is appointed as mediator, consistent with the terms of the Courts 17 Case Management Order. Signed by Judge J. Nicholas Ranjan on 10/13/2022. (pak) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER
19

MOTION for attorney Katherine Hubbard to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7343898) by ELIJAH BRONAUGH, CRAIG BROWNLEE, DION HORTON, DAMON JONES, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (Attachments: # 1 Affidavit, # 2 Exhibit 1) (Hubbard, Katherine) (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 19 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. (pak)

Oct. 17, 2022

Oct. 17, 2022

PACER
20

Proposed Order re 19 Motion to Appear Pro Hac Vice, by ELIJAH BRONAUGH, CRAIG BROWNLEE, DION HORTON, DAMON JONES, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (Hubbard, Katherine) (Entered: 10/17/2022)

Oct. 17, 2022

Oct. 17, 2022

PACER
21

ORDER granting 19 Motion for Katherine Hubbard to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 10/18/2022. (pak) (Entered: 10/18/2022)

Oct. 18, 2022

Oct. 18, 2022

PACER
22

NOTICE of Appearance by Dennis R. Biondo, Jr on behalf of CHARLENE CHRISTMAS, STEPHEN ESSWEIN, RENAWN HARRIS, ROBERT OBRIEN. (Biondo, Dennis) Document removed from public view and refiled as Errata at 26 . Modified on 10/21/2022 (keh). (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER
23

NOTICE of Appearance by John A. Bacharach on behalf of CHARLENE CHRISTMAS, STEPHEN ESSWEIN, RENAWN HARRIS, ROBERT OBRIEN. (Bacharach, John) Document removed from public view and refiled as Errata at 25 . Modified on 10/21/2022 (keh). (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER
24

NOTICE of Appearance by Nicole Pa Feigenbaum on behalf of KELLY BIGLEY, CHARLENE CHRISTMAS, STEPHEN ESSWEIN, RENAWN HARRIS, ROBERT OBRIEN, JILL RANGOS, FRANK SCHERER. (Feigenbaum, Nicole) (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER
25

Errata re 23 Notice of Appearance by CHARLENE CHRISTMAS, STEPHEN ESSWEIN, RENAWN HARRIS, ROBERT OBRIEN. Reason for Correction: Corrected Document. (Bacharach, John) (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER
26

Errata re 22 Notice of Appearance by CHARLENE CHRISTMAS, STEPHEN ESSWEIN, RENAWN HARRIS, ROBERT OBRIEN. Reason for Correction: Corrected Document. (Biondo, Dennis) (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER
27

WAIVER OF SERVICE Returned Executed by ELIJAH BRONAUGH, CRAIG BROWNLEE, DAMON JONES, DION HORTON, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. CHARLENE CHRISTMAS waiver sent on 10/3/2022, answer due 12/2/2022. (Saleh, Sumayya) Document removed from view and refiled at 33 . Modified on 10/25/2022 (keh). (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER
28

WAIVER OF SERVICE Returned Executed by ELIJAH BRONAUGH, CRAIG BROWNLEE, DAMON JONES, DION HORTON, CAROLE KATZ, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. STEPHEN ESSWEIN waiver sent on 10/3/2022, answer due 12/2/2022. (Saleh, Sumayya) (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER
29

WAIVER OF SERVICE Returned Executed by ELIJAH BRONAUGH, CRAIG BROWNLEE, DAMON JONES, DION HORTON, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. RENAWN HARRIS waiver sent on 10/3/2022, answer due 12/2/2022. (Saleh, Sumayya) Document removed from public view and refiled at 35 . Modified on 10/25/2022 (keh). (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER
30

WAIVER OF SERVICE Returned Executed by ELIJAH BRONAUGH, CRAIG BROWNLEE, DAMON JONES, DION HORTON, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. ROBERT OBRIEN waiver sent on 10/3/2022, answer due 12/2/2022. (Saleh, Sumayya) (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER
31

NOTICE of Appearance by Michael Daley on behalf of KELLY BIGLEY, CHARLENE CHRISTMAS, STEPHEN ESSWEIN, RENAWN HARRIS, ROBERT OBRIEN, JILL RANGOS, FRANK SCHERER. (Daley, Michael) (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER
32

WAIVER OF SERVICE Returned Executed by ELIJAH BRONAUGH, CRAIG BROWNLEE, DAMON JONES, DION HORTON, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. KELLY BIGLEY waiver sent on 10/3/2022, answer due 12/2/2022. (Saleh, Sumayya) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
33

WAIVER OF SERVICE Returned Executed by ELIJAH BRONAUGH, CRAIG BROWNLEE, DAMON JONES, DION HORTON, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (Saleh, Sumayya) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
34

WAIVER OF SERVICE Returned Executed by ELIJAH BRONAUGH, CRAIG BROWNLEE, DAMON JONES, DION HORTON, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (Saleh, Sumayya) Document removed from public view and refiled at 34 . Modified on 10/25/2022 (keh). (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
35

WAIVER OF SERVICE Returned Executed by ELIJAH BRONAUGH, CRAIG BROWNLEE, DAMON JONES, DION HORTON, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (Saleh, Sumayya) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
36

WAIVER OF SERVICE Returned Executed by ELIJAH BRONAUGH, CRAIG BROWNLEE, DAMON JONES, DION HORTON, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (Saleh, Sumayya) Document removed from public view and refiled at 30 . Modified on 10/25/2022 (keh). (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
37

WAIVER OF SERVICE Returned Executed by ELIJAH BRONAUGH, CRAIG BROWNLEE, DAMON JONES, DION HORTON, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. JILL RANGOS waiver sent on 10/3/2022, answer due 12/2/2022. (Saleh, Sumayya) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
38

WAIVER OF SERVICE Returned Executed by ELIJAH BRONAUGH, CRAIG BROWNLEE, DAMON JONES, DION HORTON, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. FRANK SCHERER waiver sent on 10/3/2022, answer due 12/2/2022. (Saleh, Sumayya) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
39

MOTION for attorney Jaclyn Kurin to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7361644) by ELIJAH BRONAUGH, CRAIG BROWNLEE, DION HORTON, DAMON JONES, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order) (Kurin, Jaclyn) (Entered: 10/25/2022)

Oct. 25, 2022

Oct. 25, 2022

PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 39 Motion to Appear Pro Hac Vice. ERROR: Typed name omitted by s/. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. (keh)

Oct. 26, 2022

Oct. 26, 2022

PACER
40

STIPULATION selecting ADR process by ELIJAH BRONAUGH, CRAIG BROWNLEE, DION HORTON, DAMON JONES, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (Saleh, Sumayya) Document removed from public view and refiled as Errata at 42 . Modified on 10/31/2022 (keh). (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
41

ORDER granting 39 Motion for Jaclyn Kurin to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 10/27/2022. (pak) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 40 Stipulation Selecting ADR process. ERROR: Incorrect Stipulation Selecting ADR Process form was used. CORRECTION: Attorney advised to refile as an Errata, using the updated Stipulation Selecting ADR Process form, with the revision date of 4/2017. The updated form can be found at the court's website, under the Forms link, at here. (keh)

Oct. 28, 2022

Oct. 28, 2022

PACER
42

Errata re 40 Stipulation Selecting ADR process by ELIJAH BRONAUGH, CRAIG BROWNLEE, DION HORTON, DAMON JONES, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. Reason for Correction: Stipulation Selecting ADR Process form. (Saleh, Sumayya) (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

PACER
43

PRAECIPE to Issue Summons by ELIJAH BRONAUGH, CRAIG BROWNLEE, DION HORTON, DAMON JONES, RAHDNEE ODEN-PRITCHETT, TATE STANFORD (Attachments: # 1 Summons) (Prabhu, Dolly) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER
44

Summons Issued as to ANTHONY MARIANI (keh) (Entered: 11/01/2022)

Nov. 1, 2022

Nov. 1, 2022

PACER
45

First MOTION to Modify 17 Case Management Order, Set Deadlines/Hearings, by ELIJAH BRONAUGH, CRAIG BROWNLEE, DION HORTON, DAMON JONES, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (Attachments: # 1 Proposed Order) (Saleh, Sumayya) Modified on 11/16/2022 (keh). (Entered: 11/15/2022)

Nov. 15, 2022

Nov. 15, 2022

PACER
46

ORDER granting 45 Motion to Modify Scheduling Order. Defendants' motions to dismiss due by 12/9/2022; Expert depositions, Plaintiffs' response to motions to dismiss, and Defendants' preliminary injunction response due by 1/6/2023; Plaintiffs' preliminary injunction reply brief, Defendants' motion to dismiss reply, and exhibit lists, exhibits, and witness lists due by 1/20/2023. The hearing on the 2 Motion for Preliminary Injunction set for 12/20/2022 is hereby RESCHEDULED for 1/27/2023 at 10:00 a.m. in Courtroom 6C before Judge J. Nicholas Ranjan. Signed by Judge J. Nicholas Ranjan on 11/16/2022. (pak) (Entered: 11/16/2022)

Nov. 16, 2022

Nov. 16, 2022

PACER

Set/Reset Deadlines/Hearings. (pak)

Nov. 16, 2022

Nov. 16, 2022

PACER

1 - Terminate Deadlines and Hearings AND ~Util - Set Deadlines/Hearings

Nov. 16, 2022

Nov. 16, 2022

PACER

~Util - Set Deadlines/Hearings AND 1 - Terminate Deadlines and Hearings

Nov. 16, 2022

Nov. 16, 2022

PACER
47

SUMMONS/Return of Service Returned Executed by ELIJAH BRONAUGH, CRAIG BROWNLEE, DAMON JONES, DION HORTON, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. ANTHONY MARIANI served on 11/14/2022, answer due 12/5/2022. (Saleh, Sumayya) (Entered: 11/17/2022)

Nov. 17, 2022

Nov. 17, 2022

PACER
48

NOTICE of Appearance by Corrie Woods on behalf of ANTHONY MARIANI. (Woods, Corrie) (Entered: 11/23/2022)

Nov. 23, 2022

Nov. 23, 2022

PACER
49

MOTION to Dismiss for Failure to State a Claim re 1 COMPLAINT by ANTHONY MARIANI. (Attachments: # 1 Proposed Order) (Woods, Corrie) Modified on 12/8/2022 (keh). (Entered: 11/23/2022)

Nov. 23, 2022

Nov. 23, 2022

PACER
50

BRIEF in Support re 49 Motion to Dismiss for Failure to State a Claim filed by ANTHONY MARIANI. (Attachments: # 1 Exhibit) (Woods, Corrie) Modified on 12/8/2022 (keh). (Entered: 11/23/2022)

Nov. 23, 2022

Nov. 23, 2022

PACER
51

MOTION To Conduct New Initial Conference by ANTHONY MARIANI. (Attachments: # 1 Proposed Order) (Woods, Corrie) (Entered: 11/23/2022)

Nov. 23, 2022

Nov. 23, 2022

PACER
52

RESPONSE to Motion re 51 MOTION To Conduct New Initial Conference filed by ELIJAH BRONAUGH, CRAIG BROWNLEE, DION HORTON, DAMON JONES, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (Saleh, Sumayya) (Entered: 11/28/2022)

Nov. 28, 2022

Nov. 28, 2022

PACER
53

ORDER granting 51 Motion to Conduct New Initial Conference. A Video Initial Case Management Conference is set for 11/29/2022 at 4:00 p.m. The Court will contact counsel prior to the hearing date with details for accessing the video conference. Signed by Judge J. Nicholas Ranjan on 11/28/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 11/28/2022)

Nov. 28, 2022

Nov. 28, 2022

PACER

*Set Hearings (pak)

Nov. 28, 2022

Nov. 28, 2022

PACER

Order on Motion for Miscellaneous Relief

Nov. 28, 2022

Nov. 28, 2022

PACER

~Util - Set Hearings

Nov. 28, 2022

Nov. 28, 2022

PACER
54

Minute Entry for proceedings held before Judge J. Nicholas Ranjan: Video Status Conference held on 11/29/2022. (Court Reporter: M. Balobeck) (pak) (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

PACER
55

ORDER. In light of the service objections raised by Judge Mariani's counsel and as discussed on the record at the video status conference of 11/29/2022, the parties shall confer and submit any proposed changes to the Court's case management order at ECF 46 on or before 12/2/2022. The parties are scheduled to participate in a mediation conference with Carole Katz on 12/6/2022. The mediation should proceed as scheduled with the participation of Judge Mariani and his counsel, the extent of which shall be determined by the mediator. Signed by Judge J. Nicholas Ranjan on 11/29/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

PACER

Order

Nov. 29, 2022

Nov. 29, 2022

PACER
56

ANSWER to 1 Complaint, by ORLANDO HARPER. (Bacharach, John) Document removed from public view and refiled as an Errata at 57 . Modified on 12/6/2022. (kss) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

PACER
57

Errata re 56 Answer to Complaint by ORLANDO HARPER. Reason for Correction: Only for D Harper. (Bacharach, John) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

PACER
58

Proposed Case Management Order by ELIJAH BRONAUGH, CRAIG BROWNLEE, DION HORTON, DAMON JONES, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (Saleh, Sumayya) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

PACER
59

MOTION to Modify CMO by ANTHONY MARIANI. (Attachments: # 1 Proposed Order Granting Motion to Modify CMO) (Woods, Corrie) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

PACER
60

REPORT of Mediation: Case has not been resolved. CAROLE KATZ terminated. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed here or at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 12/6/2022. (Katz, Carole) (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

PACER
61

ORDER granting 59 Motion to Modify Case Management Order. Defendants' motions to dismiss due 12/9/2022; Plaintiffs' response to Judge Mariani's motion to dismiss due 12/23/2022; Plaintiffs' response to other motions to dismiss due 1/6/2023; Judge Mariani's reply due 1/13/2023; Other defendants' reply due 1/20/2023; Depositions to be completed by 3/3/2023; Plaintiffs' brief in support of preliminary injunction due 3/9/2023; Defendants' briefs in opposition due 3/16/2023; Plaintiffs' optional reply briefs due 3/20/2023. The hearing on the 2 Motion for Preliminary Injunction set for 1/27/2023 is hereby RESCHEDULED for 3/30/2023 at 10:00 a.m. in Courtroom 6C before Judge J. Nicholas Ranjan. Signed by Judge J. Nicholas Ranjan on 12/7/2022. (pak) (Entered: 12/07/2022)

Dec. 7, 2022

Dec. 7, 2022

PACER

*Set/Reset Hearings/Deadlines (pak)

Dec. 7, 2022

Dec. 7, 2022

PACER

~Util - Set Deadlines/Hearings

Dec. 7, 2022

Dec. 7, 2022

PACER
62

MOTION to Dismiss for Failure to State a Claim re 1 Complaint, by CHARLENE CHRISTMAS, STEPHEN ESSWEIN, RENAWN HARRIS, ROBERT OBRIEN. (Attachments: # 1 Proposed Order, # 2 Exhibit) (Biondo, Dennis) Modified on 12/9/2022 (keh). (Entered: 12/09/2022)

Dec. 9, 2022

Dec. 9, 2022

PACER
63

BRIEF in Support re 62 Motion to Dismiss for Failure to State a Claim filed by CHARLENE CHRISTMAS, STEPHEN ESSWEIN, RENAWN HARRIS, ROBERT OBRIEN. (Biondo, Dennis) Modified on 12/9/2022 (keh). (Entered: 12/09/2022)

Dec. 9, 2022

Dec. 9, 2022

PACER
64

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re 1 Complaint, by KELLY BIGLEY, CHARLENE CHRISTMAS, STEPHEN ESSWEIN, RENAWN HARRIS, ROBERT OBRIEN, JILL RANGOS, FRANK SCHERER. (Attachments: # 1 Proposed Order) (Daley, Michael) (Entered: 12/09/2022)

Dec. 9, 2022

Dec. 9, 2022

PACER
65

BRIEF in Support re 64 Motion to Dismiss for Failure to State a Claim filed by KELLY BIGLEY, CHARLENE CHRISTMAS, STEPHEN ESSWEIN, RENAWN HARRIS, ROBERT OBRIEN, JILL RANGOS, FRANK SCHERER. (Attachments: # 1 Exhibit) (Daley, Michael) (Entered: 12/09/2022)

Dec. 9, 2022

Dec. 9, 2022

PACER
66

RESPONSE IN OPPOSITION to 50 Brief in Support of Motion, 49 Motion to Dismiss for Failure to State a Claim, filed by ELIJAH BRONAUGH, CRAIG BROWNLEE, DION HORTON, DAMON JONES, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (Saleh, Sumayya) (Entered: 12/23/2022)

Dec. 23, 2022

Dec. 23, 2022

PACER
67

RESPONSE IN OPPOSITION to 65 Brief in Support of Motion, 64 Motion to Dismiss for Failure to State a Claim, filed by ELIJAH BRONAUGH, CRAIG BROWNLEE, DION HORTON, DAMON JONES, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (Laurenceau, Leonard) (Entered: 01/06/2023)

Jan. 6, 2023

Jan. 6, 2023

PACER
68

RESPONSE IN OPPOSITION to 63 Brief in Support of Motion, 62 Motion to Dismiss for Failure to State a Claim, filed by ELIJAH BRONAUGH, CRAIG BROWNLEE, DION HORTON, DAMON JONES, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (Laurenceau, Leonard) (Entered: 01/06/2023)

Jan. 6, 2023

Jan. 6, 2023

RECAP

w/ 67 BRIEF in Support of 67 Response in Opposition, filed by ELIJAH BRONAUGH, CRAIG BROWNLEE, DION HORTON, DAMON JONES, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (keh)

Jan. 6, 2023

Jan. 6, 2023

PACER

w/ 68 BRIEF in Support of 68 Response in Opposition, filed by ELIJAH BRONAUGH, CRAIG BROWNLEE, DION HORTON, DAMON JONES, RAHDNEE ODEN-PRITCHETT, TATE STANFORD. (keh)

Jan. 6, 2023

Jan. 6, 2023

PACER
69

ORDER. Pursuant to Local Civil Rule 16.1(D), and to aid in the implementation of Fed. R. Evid. 502, the following is ordered in the event of an inadvertent disclosure of any privileged or trial preparation/attorney work product material: (A) The producing party shall promptly notify all receiving parties of the inadvertent product of any privileged or trial preparation material. Any receiving party who has reasonable cause to believe that it has received privileged or trial preparation material shall promptly notify the producing party. (B) Upon receiving notice of inadvertent production, any receiving party shall immediately retrieve all copies of the inadvertently disclosed material and sequester such material pending a resolution of the producing partys claim either by the Court or by agreement of the parties. (C) If the parties cannot agree as to the claim of privilege, the producing party shall move the Court for a resolution within 30 days of the notice set forth in subparagraph (A). Nothing herein shall be construed to prevent a receiving party from moving the Court for a resolution, but such motion must be made within the 30-day period. Signed by Judge J. Nicholas Ranjan on 1/10/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 01/10/2023)

Jan. 10, 2023

Jan. 10, 2023

PACER
70

PROTECTIVE ORDER. Signed by Judge J. Nicholas Ranjan on 1/10/2023. (pak) (Entered: 01/10/2023)

Jan. 10, 2023

Jan. 10, 2023

PACER
71

ORDER. The parties shall file a joint discovery status report on or before 1/20/2023, which, after counsel has further conferred and Defendants have made the productions noted in the parties' recent e-mails to the Court, must include deadlines for the production of documents and firm dates for all depositions. Signed by Judge J. Nicholas Ranjan on 1/10/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 01/10/2023)

Jan. 10, 2023

Jan. 10, 2023

PACER

Order

Jan. 10, 2023

Jan. 10, 2023

PACER

~Util - Set Deadlines AND Order

Jan. 10, 2023

Jan. 10, 2023

PACER
72

REPLY to Response to Motion re 49 Motion to Dismiss for Failure to State a Claim filed by ANTHONY MARIANI. (Woods, Corrie) (Entered: 01/13/2023)

Jan. 13, 2023

Jan. 13, 2023

PACER
73

ORDER. The hearing on Plaintiffs' pending 2 Motion for Preliminary Injunction set for 3/30/2023 is hereby RESCHEDULED for 3/22/2023 at 10:00 a.m. in Courtroom 6C before Judge J. Nicholas Ranjan. All deadlines set forth in this Court's prior 61 Order modifying the Case Management Order remain unchanged. Signed by Judge J. Nicholas Ranjan on 1/18/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 01/18/2023)

Jan. 18, 2023

Jan. 18, 2023

PACER

~Util - Set Deadlines/Hearings AND 1 - Terminate Deadlines and Hearings AND Order

Jan. 18, 2023

Jan. 18, 2023

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Oct. 2, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Six detained individuals seeking to represent two classes and two subclasses of individuals detained at the Allegheny County Jail. The first class, the Pre-Gagnon I Class, includes all individuals, who are now or will in the future be, detained at the ACJ on a probation detainer awaiting a Gagnon I proceeding. The first subclass is the Pre-Gagnon I Mandatory Detention Subclass, which includes individuals who are now or will in the future be, detained in the ACJ on a probation detainer pursuant to a mandatory detention policy and awaiting a Gagnon I proceeding. The second class is the Post-Gagnon I Class and includes all individuals who, at any time since October 3, 2020 to the present, were detained on a probation detainer at their Gagnon I proceeding without a finding that such detention was necessary to satisfy a legitimate government interest. The remaining subclass is the Post-Gagnon I Mandatory Detention Subclass, and it includes all individuals who, at any time since October 3, 2020 through the present, were ordered automatically detained on a probation detainer at their Gagnon I proceeding pursuant to a mandatory detention policy.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Corps

Abolitionist Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Director of Allegheny County Adult Probation and Parole (Allegheny), County

Court of Common Pleas Judges (Allegheny), County

Administrative Judge of Court of Common Pleas Criminal Division (Allegheny), County

Court of Common Pleas Probation Officers (Allegheny), County

Warden of Allegheny County Jail (Allegheny), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Courts

Fines/Fees/Bail/Bond

Other

Over/Unlawful Detention

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in detention facilities

Type of Facility:

Government-run