Case: Hammond v. Department of Corrections

1:25-cv-00048 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: March 4, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the unlawful use of solitary confinement within the Pennsylvania Department of Corrections. On March 4, 2024, six named individuals represented by the Pennsylvania Institutional Law Project and the Abolitionist Law Center filed a class action lawsuit against the Pennsylvania Department of Corrections (DOC) in the U.S. District Court for the Eastern District of Pennsylvania. The case was presided over by Judge Timothy J. Savage. The plaintiffs sought to represent multiple cl…

This is a case about the unlawful use of solitary confinement within the Pennsylvania Department of Corrections. On March 4, 2024, six named individuals represented by the Pennsylvania Institutional Law Project and the Abolitionist Law Center filed a class action lawsuit against the Pennsylvania Department of Corrections (DOC) in the U.S. District Court for the Eastern District of Pennsylvania. The case was presided over by Judge Timothy J. Savage. The plaintiffs sought to represent multiple classes of "all individuals who are currently or in the future will be housed in an SL5 unit in the Pennsylvania Department of Corrections". These classes include those with significant mental health disabilities, those in prolonged solitary confinement, those with disabilities impacting major life activities, those on the Restricted Release List, and those in Intensive Management Units. Plaintiffs allege that the DOC's policies and practices regarding solitary confinement constituted cruel and unusual punishment in violation of the Eighth Amendment, failed to provide due process under the Fourteenth Amendment, and discriminated against individuals with disabilities in violation of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. Plaintiffs sought injunctive relief to end the DOC's use of solitary confinement. They also sought a court declaration that these practices were illegal, and they requested monetary damages and attorney's fees. 

On July 16, 2024, defendants filed a motion to transfer the venue, requesting that the case be transferred to the U.S. District Court for the Middle District of Pennsylvania. Defendants argued that this venue was preferred as the DOC's central office was in that district, the majority of defendants and witnesses resided there, and the challenged policies were created there. On January 8, 2025, the Judge granted the defendants' motion to transfer, reasoning that the balance tipped in favor of the Middle District. The Judge stated that while plaintiffs were entitled to deference on their choice of forum, this was significantly outweighed by the convenience of the parties and the witnesses, including the plaintiffs.  

The case is ongoing. 

Summary Authors

Renuka Wagh (4/5/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69530269/parties/hammond-v-department-of-corrections/


Judge(s)
Attorney for Plaintiff

BECKER, NOAH SHAW (Pennsylvania)

FELDMAN, MATTHEW A. (Pennsylvania)

Attorney for Defendant

BEDELL, LINDSEY A. (Pennsylvania)

BRADFORD, KEVIN R. (Pennsylvania)

DEFELICE, CHASE M. (Pennsylvania)

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Documents in the Clearinghouse

Document
1

2:24-cv-00922

Class Action Complaint

U.S. District Court for the Eastern District of Pennsylvania

March 4, 2024

March 4, 2024

Complaint
29

2:24-cv-00922

Amended Class Action Complaint

U.S. District Court for the Eastern District of Pennsylvania

May 29, 2024

May 29, 2024

Complaint
40

2:24-cv-00922

Defendants' Motion to Transfer Pursuant to Local Rule 40.1(c)(2) and 28 U.S.C. § 1404(a)

U.S. District Court for the Eastern District of Pennsylvania

July 16, 2024

July 16, 2024

Pleading / Motion / Brief
49

2:24-cv-00922

Memorandum Opinion

U.S. District Court for the Eastern District of Pennsylvania

Jan. 8, 2025

Jan. 8, 2025

Order/Opinion

2025 WL 52077

50

2:24-cv-00922

Order

Hammond v. Pennsylvania Department of Corrections

U.S. District Court for the Eastern District of Pennsylvania

Jan. 8, 2025

Jan. 8, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69530269/hammond-v-department-of-corrections/

Last updated Oct. 28, 2025, 7:39 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number APAEDC-17302301.), filed by MALIKA HENDERSON, ANTOINE WALKER, DAVID THOMPSON, MUWSA GREEN, KHALIL HAMMOND, TYRONE LEONARD. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form)(GROTE, BRET) (Attachment 1 replaced on 3/4/2024) (sbt). [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 03/04/2024)

March 4, 2024

March 4, 2024

2

NOTICE by MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER Designation (GROTE, BRET) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 03/04/2024)

March 4, 2024

March 4, 2024

3

NOTICE by MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER (GROTE, BRET) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 03/04/2024)

March 4, 2024

March 4, 2024

4

NOTICE of Appearance by MATTHEW A. FELDMAN on behalf of MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER (FELDMAN, MATTHEW) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 03/04/2024)

March 4, 2024

March 4, 2024

5

Summons Issued as to PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ. Forwarded To: EMAILED TO PLAINTIFFS COUNSEL on 3/4/2024 (sg) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 03/04/2024)

March 4, 2024

March 4, 2024

Attorneys are required by local rule to complete and file both a Civil Cover Sheet and a Designation Form. PLAINTIFF's counsel is directed to file COMPLETED DESIGNATION FORM and CIVIL COVER SHEET in this case using the Notice (Other) docket event located in the Notices category. The Yes/No questions need to be answered. Signature is missing on the Civil Cover Sheet. (sbt) Modified on 3/4/2024 (sbt). [Transferred from Pennsylvania Eastern on 1/8/2025.]

March 4, 2024

March 4, 2024

6

NOTICE of Appearance by ALEXANDRA MORGAN-KURTZ on behalf of MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER (MORGAN-KURTZ, ALEXANDRA) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 03/14/2024)

March 14, 2024

March 14, 2024

7

NOTICE of Appearance by VINCENT R. MAZESKI on behalf of PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ with certificate of service(MAZESKI, VINCENT) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 03/15/2024)

March 15, 2024

March 15, 2024

8

DEMAND for Trial by Jury by PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ. (MAZESKI, VINCENT) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 03/15/2024)

March 15, 2024

March 15, 2024

9

WAIVER OF SERVICE Returned Executed by LUCAS MALISHCHAK, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, GEORGE LITTLE, LAUREL HARRY, MICHAEL WENEROWICZ. All Defendants. (MAZESKI, VINCENT) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 03/15/2024)

March 15, 2024

March 15, 2024

10

ORDER THAT A PRETRIAL CONFERENCE SHALL BE HELD ON TUESDAY, APRIL 9, 2024, AT 8:30 A.M., IN CHAMBERS, ROOM 9400, UNITED STATES COURTHOUSE, 601 MARKET STREET, PHILADELPHIA, PENNSYLVANIA. IT IS FURTHER ORDERED AS FOLLOWS: ALL MOTIONS TO AMEND THE COMPLAINT AND TO JOIN OR ADD ADDITIONAL PARTIES SHALL BE FILED WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER; THE PARTIES SHALL MAKE THE REQUIRED INITIAL DISCLOSURES UNDER FED. R. CIV. P. 26(A) WITHIN 14 DAYS OF THE DATE OF THIS ORDER; ETC. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 3/18/24. 3/18/24 ENTERED AND COPIES E-MAILED. (va) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 03/18/2024)

March 18, 2024

March 18, 2024

11

MOTION for Pro Hac Vice, MOTION for Pro Hac Vice Dolly Prabhu ( Filing fee $ 75 receipt number APAEDC-17362729.) filed by MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER..(GROTE, BRET) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 03/28/2024)

March 28, 2024

March 28, 2024

12

ORDER DENYING WITHOUT PREJUDICE 11 MOTION FOR PRO HAC VICE ADMISSION OF DOLLY PRABHU. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 3/28/24. 3/28/24 ENTERED AND COPIES E-MAILED. (va) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 03/28/2024)

March 28, 2024

March 28, 2024

13

MOTION for Pro Hac Vice filed by MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER.. (Attachments: # 1 Text of Proposed Order)(GROTE, BRET) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

14

ORDER THAT THE MOTION FOR PRO HAC VICE ADMISSION OF DOLLY PRABHU, ESQUIRE (DOC. NO. 13 ) IS GRANTED. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 4/1/24.4/1/24 ENTERED AND COPIES E-MAILED.(amas) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 04/01/2024)

April 1, 2024

April 1, 2024

15

NOTICE of Appearance by CHASE M. DEFELICE on behalf of PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ (DEFELICE, CHASE) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 04/03/2024)

April 3, 2024

April 3, 2024

16

NOTICE of Appearance by SARINA M. KAPLAN on behalf of PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ with Certificate of Service(KAPLAN, SARINA) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 04/03/2024)

April 3, 2024

April 3, 2024

17

Report Of Rule 26(f) Meeting by MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER. (GROTE, BRET) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 04/03/2024)

April 3, 2024

April 3, 2024

18

NOTICE of Appearance by NOAH SHAW BECKER on behalf of MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER (BECKER, NOAH) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 04/04/2024)

April 4, 2024

April 4, 2024

19

NOTICE of Appearance by Stormie Mauck on behalf of MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER (Mauck, Stormie) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 04/04/2024)

April 4, 2024

April 4, 2024

20

NOTICE of Appearance by LINDSEY A. BEDELL on behalf of PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ with Cert. of Service(BEDELL, LINDSEY) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 04/05/2024)

April 5, 2024

April 5, 2024

21

NOTICE of Appearance by KEVIN R. BRADFORD on behalf of PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ with Certificate of Service(BRADFORD, KEVIN) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 04/08/2024)

April 8, 2024

April 8, 2024

22

Minute Entry for proceedings held before DISTRICT JUDGE TIMOTHY J. SAVAGE. Rule 16 Pretrial Conference held on 04/09/2024. (va) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 04/09/2024)

April 9, 2024

April 9, 2024

23

MOTION to Transfer or in alternative, Strike; or in alternative, Partially Dismiss filed by PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit Exh 1 - Declaration)(KAPLAN, SARINA) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

24

MOTION to Amend/Correct 23 MOTION to Transfer or in alternative, Strike; or in alternative, Partially Dismiss filed by PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit Exh 1 - Corrected Memorandum of Law)(KAPLAN, SARINA) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 05/07/2024)

May 7, 2024

May 7, 2024

25

ORDER GRANTING 24 MOTION TO SUBSTITUTE CORRECTED MOTION TO TRANSFER. THE COMMONWEALTH DEFENDANTS MOTION TO TRANSFER; OR, IN THE ALTERNATIVE, STRIKE CLASS CERTIFICATION; OR, IN THE ALTERNATIVE, PARTIALLY DISMISS ATTACHED TO THE MOTION AS EXHIBIT 1 (DOC. NO. 24 -1) SHALL BE DEEMED FILED AS OF THIS DATE. THE COMMONWEALTH DEFENDANTS MOTION TO SUBSTITUTE CORRECTED MOTION TO TRANSFER; OR, IN THE ALTERNATIVE, STRIKE CLASS CERTIFICATION; OR, IN THE ALTERNATIVE, PARTIALLY DISMISS (DOC. NO. 23 ) IS DISMISSED AS MOOT. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 5/8/24. 5/13/24 ENTERED AND COPIES E-MAILED.(va) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 05/13/2024)

May 13, 2024

May 13, 2024

26

MOTION TO TRANSFER, OR IN THE ALTERNATIVE, STRIKE CLASS CERTIFICATION, OR IN THE ALTERNATIVE, PARTIALLY DISMISS filed by PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ, MEMORANDUM, CERTIFICATE OF SERVICE.(md) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 05/15/2024)

May 13, 2024

May 13, 2024

27

NOTICE by MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER Notice of Intent to File Amended Complaint (FELDMAN, MATTHEW) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 05/16/2024)

May 16, 2024

May 16, 2024

28

MOTION to Stay Deadline to Respond to Defendants' Motion to Transfer filed by MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(FELDMAN, MATTHEW) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 05/19/2024)

May 19, 2024

May 19, 2024

29

AMENDED COMPLAINT against PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ, BRIAN SCHNEIDER, filed by MALIKA HENDERSON, ANTOINE WALKER, DAVID THOMPSON, MUWSA GREEN, KHALIL HAMMOND, TYRONE LEONARD.(FELDMAN, MATTHEW) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 05/29/2024)

May 29, 2024

May 29, 2024

30

NOTICE of Appearance by CHASE M. DEFELICE on behalf of BRIAN SCHNEIDER (DEFELICE, CHASE) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 05/30/2024)

May 30, 2024

May 30, 2024

31

WAIVER OF SERVICE Returned Executed by BRIAN SCHNEIDER. BRIAN SCHNEIDER waiver sent on 5/29/2024, answer due 7/29/2024. (DEFELICE, CHASE) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 05/30/2024)

May 30, 2024

May 30, 2024

32

NOTICE of Appearance by SARINA M. KAPLAN on behalf of BRIAN SCHNEIDER with Certificate of Service(KAPLAN, SARINA) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 05/30/2024)

May 30, 2024

May 30, 2024

33

NOTICE of Appearance by JOSEPH G. FULGINITI on behalf of PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, BRIAN SCHNEIDER, MICHAEL WENEROWICZ with Certificate of Service(FULGINITI, JOSEPH) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 05/31/2024)

May 31, 2024

May 31, 2024

34

ORDER THAT UPON CONSIDERATION OF THE PLAINTIFFS UNOPPOSED MOTION TO STAY THE DEADLINE TO RESPOND TO DEFENDANTS MOTION TO TRANSFER (DOC. NO. 28), IT IS ORDERED THAT THE MOTION IS GRANTED. IT IS FURTHER ORDERED AS FOLLOWS: 1. THE COMMONWEALTH DEFENDANTS MOTION TO TRANSFER; OR, IN THE ALTERNATIVE, STRIKE CLASS CERTIFICATION; OR, IN THE ALTERNATIVE, PARTIALLY DISMISS (DOC. NO. 26) SHALL BE DEEMED TO HAVE BEEN FILED ALSO IN THE NEWLY-FILED RELATED ACTIONS, HENDERSON, ET AL. V. HARRY, ET AL., C.A. NO. 24-2290 AND WALKER, ET AL. V. HARRY, ET AL., C.A. NO. 24-2295. 2. THE CLERK SHALL FILE A COPY OF THE MOTION IN THE RELATED CASES. 3. THE PLAINTIFFS SHALL FILE THEIR RESPONSES TO THE MOTION NO LATER THAN JUNE 19, 2024. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 5/30/2024.5/31/2024 ENTERED AND COPIES E-MAILED.(sg) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 05/31/2024)

May 31, 2024

May 31, 2024

35

NOTICE of Appearance by KELLY J. HOKE on behalf of PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, BRIAN SCHNEIDER, MICHAEL WENEROWICZ (HOKE, KELLY) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 05/31/2024)

May 31, 2024

May 31, 2024

36

MOTION to Withdraw 26 MOTION to Transfer filed by PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, BRIAN SCHNEIDER, MICHAEL WENEROWICZ.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(FULGINITI, JOSEPH) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 06/06/2024)

June 6, 2024

June 6, 2024

37

MOTION for Extension of Time to File Response/Reply as to 29 Amended Complaint, filed by PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, BRIAN SCHNEIDER, MICHAEL WENEROWICZ.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(HOKE, KELLY) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 06/06/2024)

June 6, 2024

June 6, 2024

38

ORDER GRANTING 36 MOTION TO WITHDRAW WITHOUT PREJUDICE 26 MOTION TO TRANSFER. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 6/7/24. 6/7/24 ENTERED AND COPIES E-MAILED. (va) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 06/07/2024)

June 7, 2024

June 7, 2024

39

ORDER GRANTING 37 MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO AMENDED COMPLAINT BY 7/29/24. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 6/7/24. 6/7/24 ENTERED AND COPIES E-MAILED.(va) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 06/07/2024)

June 7, 2024

June 7, 2024

40

MOTION to Transfer filed by PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, BRIAN SCHNEIDER, MICHAEL WENEROWICZ.Brief, Certificate of Service. (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Exhibit Declaration of David Radziewicz)(FULGINITI, JOSEPH) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 07/16/2024)

July 16, 2024

July 16, 2024

41

MOTION to Stay filed by PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, BRIAN SCHNEIDER, MICHAEL WENEROWICZ.. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(HOKE, KELLY) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 07/16/2024)

July 16, 2024

July 16, 2024

42

ORDER GRANTING 41 MOTION TO STAY ALL PROCEEDINGS PENDING DISPOSITION OF THE MOTION TO TRANSFER. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 7/17/24. 7/17/24 ENTERED AND COPIES E-MAILED.(va) (Main Document 42 replaced on 7/18/2024 as per Chambers.) (va). [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 07/17/2024)

July 17, 2024

July 17, 2024

43

RESPONSE in Opposition re 40 MOTION to Transfer filed by MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER. (Attachments: # 1 Text of Proposed Order)(FELDMAN, MATTHEW) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 07/30/2024)

July 30, 2024

July 30, 2024

44

ORDER THAT, NO LATER THAN NOVEMBER 1, 2024, THE DEFENDANT PENNSYLVANIA DEPARTMENT OF CORRECTIONS (DOC) SHALL: IDENTIFY THE INSTITUTIONS WHERE THE PUTATIVE CLASS MEMBERS ARE CONFINED AND THE NUMBER OF THE PUTATIVE CLASS MEMBERS IN EACH INSTITUTION; AND SET FORTH THE DISTANCES BETWEEN THE LOCATION OF EACH OF THE IDENTIFIED INSTITUTIONS AND THE UNITED STATES COURTHOUSES IN HARRISBURG AND PHILADELPHIA.. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 10/23/24. 10/24/24 ENTERED AND COPIES E-MAILED. (va) Modified on 10/24/2024 (va). [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 10/24/2024)

Oct. 23, 2024

Oct. 23, 2024

45

ORDER THAT ORAL ARGUMENT ON THE 40 MOTION TO TRANSFER IS SCHEDULED FOR TUESDAY, NOVEMBER 12, 2024, AT 1:30 P.M., IN COURTROOM 9A. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 10/23/24. 10/24/24 ENTERED AND COPIES E-MAILED.(va) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 10/24/2024)

Oct. 23, 2024

Oct. 23, 2024

46

Response re 44 Order,, by PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, BRIAN SCHNEIDER, MICHAEL WENEROWICZ. (Attachments: # 1 Exhibit) (FULGINITI, JOSEPH) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 10/31/2024)

Oct. 31, 2024

Oct. 31, 2024

47

Response to This Court's Verbal Order of November 12, 2024 by MICHAEL WENEROWICZ, LUCAS MALISHCHAK, BRIAN SCHNEIDER, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE. (Attachments: # 1 Exhibit A, Declaration of Erin Brown, # 2 Exhibit B, Declaration of William Nicklow, # 3 Exhibit C, Declaration of Nicolette Cawley, # 4 Exhibit D, Philadelphia Costs Chart, # 5 Exhibit E, Harrisburg Costs Chart) (FULGINITI, JOSEPH) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 11/18/2024)

Nov. 18, 2024

Nov. 18, 2024

48

Response to ECF No. 47 by KHALIL HAMMOND, DAVID THOMPSON, ANTOINE WALKER, MUWSA GREEN, TYRONE LEONARD, MALIKA HENDERSON. (Attachments: # 1 Exhibit 1) (FELDMAN, MATTHEW) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 11/25/2024)

Nov. 25, 2024

Nov. 25, 2024

49

MEMORANDUM OPINION. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 1/8/25. 1/8/25 ENTERED AND COPIES E-MAILED. (va) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 01/08/2025)

Jan. 8, 2025

Jan. 8, 2025

RECAP
50

ORDER GRANTING 40 MOTION TO TRANSFER CASE TO USDC MDPA. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 1/8/25. 1/8/25 ENTERED AND COPIES E-MAILED.(va) [Transferred from Pennsylvania Eastern on 1/8/2025.] (Entered: 01/08/2025)

Jan. 8, 2025

Jan. 8, 2025

RECAP
51

Case transferred electronically in from District of Pennsylvania Eastern; Case Number 2:24-cv-00922 containing electronic documents. jw (Entered: 01/08/2025)

Jan. 8, 2025

Jan. 8, 2025

52

Letter from Counsel for Defendants . (Hoke, Kelly) (Entered: 01/17/2025)

Jan. 17, 2025

Jan. 17, 2025

53

CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to Pennsylvania Department Of Corrections, Muwsa Green, Khalil Hammond, Laurel Harry, Malika Henderson, Tyrone Leonard, George Little, Lucas Malishchak, Brian Schneider, David Thompson, Antoine Walker, Michael Wenerowicz 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 COMPLETED FORM MUST BE E-MAILED TO consents@pamd.uscourts.gov OR IF YOU DO NOT HAVE AN E-MAIL ACCOUNT YOU MAY MAIL THE FORM TO Scranton Operations Supervisor, Clerks Office, P.O. Box 1148, Scranton, PA 18501-1148. Consent Form due by 2/21/2025 (kjn) (Entered: 01/22/2025)

Jan. 22, 2025

Jan. 22, 2025

54

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Jaclyn Kurin on behalf of All Plaintiffs Attorney Jaclyn Kurin is seeking special admission Filing fee $ 50, receipt number APAMDC-6887705.. (Attachments: # 1 Exhibit(s) Certificates of Good Standing)(Kurin, Jaclyn) (Entered: 02/02/2025)

Feb. 2, 2025

Feb. 2, 2025

55

SPECIAL ADMISSIONS FORM APPROVED as to Jaclyn Kurin, Esq. Signed by Chief MJ Daryl F. Bloom on February 3, 2025. (kjn) (Entered: 02/03/2025)

Feb. 3, 2025

Feb. 3, 2025

56

ORDER - IT IS HEREBY ORDERED AS FOLLOWS: 1. The parties shall file briefs outlining their respective positions on the issue of consolidating the three cases for pretrial purposes on or before March 6, 2025. 2. Any responsive briefs shall be filed on or before March 20, 2025. 3. The defendants deadline to respond to the amended complaint is hereby STAYED pending the Courts decision on consolidation. Signed by Chief MJ Daryl F. Bloom on February 4, 2025. (kjn) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

58

NOTICE of Appearance by Friedrich-Wilhelm Wolfgang Sachse on behalf of Khalil Hammond, David Thompson, Antoine Walker, Muwsa Green, Tyrone Leonard, Malika Henderson (Sachse, Friedrich-Wilhelm) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

59

CONSENTS to Proceed Before a US Magistrate Judge in Direct Assignment Cases pursuant to Standing Order 2022-19. (jkc) (Entered: 02/06/2025)

Feb. 6, 2025

Feb. 6, 2025

60

MEMORANDUM OF LAW by Michael Wenerowicz, Lucas Malishchak, Brian Schneider, Pennsylvania Department Of Corrections, Laurel Harry, George Little re 56 Order Staying Case,, Set Motion and R&R Dealines/Hearings, in opposition to Plaintiffs' request to consolidate cases. (Fulginiti, Joseph) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

61

MEMORANDUM OF LAW by Khalil Hammond, David Thompson, Antoine Walker, Muwsa Green, Tyrone Leonard, Malika Henderson in Support of Consolidation. (Feldman, Matthew) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

62

MEMORANDUM OF LAW by Khalil Hammond, David Thompson, Antoine Walker, Muwsa Green, Tyrone Leonard, Malika Henderson re 60 Memorandum of Law, Response to Defendants' Brief on Consolidation. (Feldman, Matthew) (Entered: 03/20/2025)

March 20, 2025

March 20, 2025

63

ORDER - IT IS HEREBY ORDERED THAT the three above captioned cases will be consolidated for the limited purposes of discovery and pretrial motions. All filings related to discovery and pretrial motions in these three cases should be filed in the matter captioned at Civ. No. 1:25-CV-48. Signed by Chief MJ Daryl F. Bloom on April 25, 2025. (kjn) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

64

Joint MOTION for Extension of Time to RESPOND TO THE COMPLAINTS by Michael Wenerowicz, Laurel Harry. (Attachments: # 1 Proposed Order)(Frasch, Jacob) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

65

RESPONSE by Khalil Hammond, David Thompson, Antoine Walker, Muwsa Green, Tyrone Leonard, Malika Henderson to 64 Joint MOTION for Extension of Time to RESPOND TO THE COMPLAINTS . (Feldman, Matthew) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

66

ORDER granting 64 Motion to Extend Time. Defendants in the three above captioned actions must respond to the operative pleadings in these actions by June24, 2025. Signed by Chief MJ Daryl F. Bloom on May 5, 2025. (kjn) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Leo A Latella for all further proceedings. (jw)

June 10, 2025

June 10, 2025

67

MOTION to Exceed Page Limitation and word limitation by Michael Wenerowicz, Lucas Malishchak, Brian Schneider, Pennsylvania Department Of Corrections, Laurel Harry, George Little. (Attachments: # 1 Proposed Order)(Fulginiti, Joseph) (Entered: 06/13/2025)

June 13, 2025

June 13, 2025

68

BRIEF IN SUPPORT re 67 MOTION to Exceed Page Limitation and word limitation filed by Michael Wenerowicz, Lucas Malishchak, Brian Schneider, Pennsylvania Department Of Corrections, Laurel Harry, George Little.(Fulginiti, Joseph) (Entered: 06/13/2025)

June 13, 2025

June 13, 2025

69

MOTION to Exceed Page Limitation by Michael Wenerowicz, Lucas Malishchak, Brian Schneider, Laurel Harry, George Little. (Attachments: # 1 Proposed Order)(Mazeski, Vincent) (Entered: 06/13/2025)

June 13, 2025

June 13, 2025

70

BRIEF IN SUPPORT re 69 MOTION to Exceed Page Limitation filed by Michael Wenerowicz, Lucas Malishchak, Brian Schneider, Laurel Harry, George Little.(Mazeski, Vincent) (Entered: 06/13/2025)

June 13, 2025

June 13, 2025

71

RESPONSE by Khalil Hammond, David Thompson, Antoine Walker, Muwsa Green, Tyrone Leonard, Malika Henderson to 67 MOTION to Exceed Page Limitation and word limitation, 69 MOTION to Exceed Page Limitation . (Feldman, Matthew) (Entered: 06/13/2025)

June 13, 2025

June 13, 2025

72

REPLY BRIEF re 67 MOTION to Exceed Page Limitation and word limitation filed by Michael Wenerowicz, Lucas Malishchak, Brian Schneider, Pennsylvania Department Of Corrections, Laurel Harry, George Little.(Fulginiti, Joseph) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

73

ORDER - Court hereby provides notice of its intent to continue to exercise the jurisdiction previously consented to by the parties, absent any express objection within 30 days. Signed by Honorable Leo A Latella on 6/18/25. (dw) (Entered: 06/18/2025)

June 18, 2025

June 18, 2025

74

MOTION to Dismiss Partially by Michael Wenerowicz, Laurel Harry. (Attachments: # 1 Proposed Order)(Frasch, Jacob) (Entered: 06/23/2025)

June 23, 2025

June 23, 2025

75

BRIEF IN SUPPORT re 74 MOTION to Dismiss Partially filed by Michael Wenerowicz, Laurel Harry. (Attachments: # 1 Exhibit(s) Exhibit 1, # 2 Exhibit(s) Exhibit 2, # 3 Exhibit(s) Exhibit 3, # 4 Exhibit(s) Exhibit 4)(Frasch, Jacob) (Entered: 06/23/2025)

June 23, 2025

June 23, 2025

76

MOTION to Dismiss by Michael Wenerowicz, Lucas Malishchak, Brian Schneider, Pennsylvania Department Of Corrections, Laurel Harry, George Little. (Attachments: # 1 Proposed Order)(Fulginiti, Joseph) (Entered: 06/24/2025)

June 24, 2025

June 24, 2025

77

BRIEF IN SUPPORT re 76 MOTION to Dismiss filed by Michael Wenerowicz, Lucas Malishchak, Brian Schneider, Pennsylvania Department Of Corrections, Laurel Harry, George Little.(Fulginiti, Joseph) (Entered: 06/24/2025)

June 24, 2025

June 24, 2025

78

MOTION to Dismiss for Failure to State a Claim by Michael Wenerowicz, Lucas Malishchak, Brian Schneider, Laurel Harry, George Little. (Attachments: # 1 Proposed Order)(Mazeski, Vincent) (Entered: 06/24/2025)

June 24, 2025

June 24, 2025

79

BRIEF IN SUPPORT re 78 MOTION to Dismiss for Failure to State a Claim filed by Michael Wenerowicz, Lucas Malishchak, Brian Schneider, Laurel Harry, George Little.(Mazeski, Vincent) (Entered: 06/24/2025)

June 24, 2025

June 24, 2025

80

Unopposed MOTION for Extension of Time to Respond to Defendants' Rule 12 Motions and to Exceed the Word Limit by Khalil Hammond, David Thompson, Antoine Walker, Muwsa Green, Tyrone Leonard, Malika Henderson. (Attachments: # 1 Proposed Order)(Feldman, Matthew) (Entered: 06/30/2025)

June 30, 2025

June 30, 2025

81

CERTIFICATE of by Michael Wenerowicz, Lucas Malishchak, Brian Schneider, Pennsylvania Department Of Corrections, Laurel Harry, George Little re 80 Unopposed MOTION for Extension of Time to Respond to Defendants' Rule 12 Motions and to Exceed the Word Limit . (Hoke, Kelly) (Entered: 07/01/2025)

July 1, 2025

July 1, 2025

82

ORDER granting 80 Motion to Extend Time and Exceed Word Limit. Plaintiffs shall respond to Defendants' Motions to Dismiss by 8/22/25 and may file a response of no more than 15,000 words. Signed by Honorable Leo A Latella on 7/7/25 (dw) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

83

ORDER granting 67 Motion for Leave to File Excess Pages. Signed by Honorable Leo A. Latella on 7/7/25. (dw) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

84

ORDER granting 69 Motion for Leave to File Excess Pages. Signed by Honorable Leo A. Latella on 7/7/25. (dw) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

85

MOTION Motion to Intervene and Joinder, as Third Party Co-Plaintiff and Member Class Representative submitted by Bryan A. Perez-Rivera.. (Attachments: # 1 Order from Judge Timothy J. Savage of the Eastern District of Pennsylvania order that since this case,Civil Action No. 2:24-CV-0922 was transferred to the Middle District of Pennsylvania under Civil Action No. 1:25-CV-0922 - that the Motion to Intervene be transferred to this Court.)(lp) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

86

Unopposed MOTION for Extension of Time to Respond to Defendants' Rule 12 Motions by Muwsa Green, Khalil Hammond, Malika Henderson, Tyrone Leonard, David Thompson, Antoine Walker. (Attachments: # 1 Proposed Order)(Feldman, Matthew) (Entered: 08/13/2025)

Aug. 13, 2025

Aug. 13, 2025

87

ORDER granting 86 Motion to Extend Time. Plaintiffs shall respond to Defendants' Motions to Dismiss 74 76 78 by SEPTEMBER 5, 2025. Signed by Magistrate Judge Leo A. Latella on 8/21/25. (dw) (Entered: 08/21/2025)

Aug. 21, 2025

Aug. 21, 2025

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 4, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All individuals who are currently, or in the future will be, housed in a Restricted Housing Unit (RHU), Intensive Management Unit (IMU), or any newly created SL5 unit with conditions that are substantially similar to the RHU or IMU, in the Pennsylvania Department of Corrections (DOC), and who have ever had a “C” or “D” designation on the DOC’s MH/ID Roster.

Attorney Organizations:

Abolitionist Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Pennsylvania Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Procedural Due Process

Other Dockets:

Eastern District of Pennsylvania 2:24-cv-00922

Middle District of Pennsylvania 1:25-cv-00048

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Solitary confinement/Supermax (conditions or process)