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Case: Bowers v. City of Philadelphia

2:06-cv-03229 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: July 24, 2006

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On July 24, 2006, pre-trial detainees in the Philadelphia Prison System [PPS] filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Pennsylvania (Philadelphia), challenging the conditions of their confinement. Plaintiffs, represented by the Institutional Law Project and private attorneys, sought declaratory and injunctive relief, as well as damages. Plaintiffs alleged that their constitutional rights had been violated by severe prison…

On July 24, 2006, pre-trial detainees in the Philadelphia Prison System [PPS] filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Pennsylvania (Philadelphia), challenging the conditions of their confinement. Plaintiffs, represented by the Institutional Law Project and private attorneys, sought declaratory and injunctive relief, as well as damages. Plaintiffs alleged that their constitutional rights had been violated by severe prison overcrowding and dangerous, unhealthy, and degrading conditions at local Police Districts, the Police Administration Building ("PAB") and at the intake unit of the Philadelphia Prison System ("PPS"). Plaintiffs filed a motion for a preliminary injunction immediately after their complaint was filed.

The Bowers lawsuit followed 30 years of litigation over conditions of the PPS and came six years after the final settlement of another federal class action lawsuit against the PPS. See Harris v. City of Philadelphia, No. Civ. A. 82-1847, 2000 WL 1239948, at *1 (E.D.Pa. Aug. 30, 2000). See also Jackson v.Hendricks, 764 A.2d 1139, 1141 (Pa.Commw.Ct.2001).

On September 8, 2006, the District Court (Judge R. Barclay Surrick) granted District Attorney Lynne Abraham's motion to intervene pursuant to The Prison Litigation Reform Act [PLRA]. Bowers v. City of Philadelphia, 2006 WL 2601604 (E.D.Pa. Sept. 8, 2006). The Act grants an unconditional right to intervene to state or local officials whose jurisdiction may be affected by the prison litigation.

An evidentiary hearing was held October 3 through 6, 2006 on plaintiffs' motion for a preliminary injunction. In addition, on December 12, 2006, the District Court toured the intake unit at the Curran Fromhold Correctional Facility ("CFCF"), the holding cells at the PAB, and the holding cells in the 9th Police District. On January 25, 2007, the District Court (Judge Surrick) granted plaintiffs' motion and entered a preliminary injunction. Defendants' motions to dismiss was denied. The District Court's order delineated specific affirmative steps for the City to immediately redress the unconstitutional conditions at PPC. District Attorney Abraham filed a notice of appeal on the ruling.

On February 6, 2007, plaintiffs filed a motion for a permanent injunction, and on August 30, 2007, the parties filed a joint motion to terminate the preliminary injunction that had been issued by the court so that the parties could enter into a private settlement agreement that was not monitored by the court. On October 10, 2007, the district court terminated the preliminary injunction and dismissed the class claims.

At this point, the only remaining claims in the lawsuit were the individual claims by the named plaintiff Bowers. On September 16, 2008, the defendants filed a motion for summary judgment on these claims. On December 12, 2008, the district court issued an opinion denying the defendants' motion with respect to the plaintiff's federal constitutional claims. The court granted the defendants' motion with respect to the plaintiff's state constitutional claims and state law claims for negligence, recklessness, and intentional infliction of emotional distress. Bowers v. City of Philadelphia, 2008 WL 5210256 (E.D.Pa. Dec. 12, 2008). The court also denied the plaintiff's claim for partial summary judgment. Bowers v. City of Philadelphia, 2008 WL 5234357 (E.D.Pa. Dec. 12, 2008). On December 19, 2008, the district court dismissed the plaintiff's claims with prejudice.

Summary Authors

Kristen Sagar (10/3/2008)

Related Cases

Harris v. City of Philadelphia, Eastern District of Pennsylvania (1982)

Jackson v. Hendrick, Pennsylvania state trial court (1971)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4691865/parties/bowers-v-city-of-philadelphia/


Judge(s)

Surrick, Richard Barclay (Pennsylvania)

Attorneys(s) for Plaintiff

Chase, Michael C. (Pennsylvania)

Feinberg, Jonathan H. (Pennsylvania)

Love, Angus R. (Pennsylvania)

Richman, David (Pennsylvania)

Rudovsky, David (Pennsylvania)

Yeh, Su Ming (Pennsylvania)

Attorneys(s) for Defendant

Chewning, Kerri E. (New Jersey)

Kolansky, Jeffrey M. (Pennsylvania)

Marino, Donald C. (Pennsylvania)

Judge(s)

Surrick, Richard Barclay (Pennsylvania)

Attorneys(s) for Plaintiff

Chase, Michael C. (Pennsylvania)

Feinberg, Jonathan H. (Pennsylvania)

Love, Angus R. (Pennsylvania)

Richman, David (Pennsylvania)

Rudovsky, David (Pennsylvania)

Yeh, Su Ming (Pennsylvania)

Attorneys(s) for Defendant

Chewning, Kerri E. (New Jersey)

Kolansky, Jeffrey M. (Pennsylvania)

Marino, Donald C. (Pennsylvania)

Scott, Jeffrey M. (Pennsylvania)

Sitarski, Lynne A. (Pennsylvania)

Straw, Craig M. (Pennsylvania)

Tuttle, Richard G. (Pennsylvania)

Other Attorney(s)

Hart, Sarah Vandenbraak (Pennsylvania)

Mallios, Christopher P. (Pennsylvania)

Travassos, Priya M. (Pennsylvania)

Documents in the Clearinghouse

Document

2:06-cv-03229

Docket [PACER]

Dec. 19, 2008

Dec. 19, 2008

Docket
1

2:06-cv-03229

Class Action Complaint

July 24, 2006

July 24, 2006

Complaint
20

2:06-cv-03229

Memorandum & Order

Sept. 8, 2006

Sept. 8, 2006

Order/Opinion
51

2:06-cv-03229

Order

Sept. 28, 2006

Sept. 28, 2006

Order/Opinion
92

2:06-cv-03229

Order

Jan. 18, 2007

Jan. 18, 2007

Order/Opinion
94

2:06-cv-03229

Memorandum & Order

Jan. 25, 2007

Jan. 25, 2007

Order/Opinion
151

2:06-cv-03229

Order

Oct. 10, 2007

Oct. 10, 2007

Order/Opinion
176

2:06-cv-03229

Memorandum Opinion and Order

Dec. 12, 2008

Dec. 12, 2008

Order/Opinion
175

2:06-cv-03229

Memorandum and Order

Dec. 12, 2008

Dec. 12, 2008

Order/Opinion

2:06-cv-03229

Memorandum and Order

Dec. 12, 2008

Dec. 12, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4691865/bowers-v-city-of-philadelphia/

Last updated Nov. 1, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants ( Filing fee $ 350 receipt number 930868.), filed by LEE BOWERS, BRANDON BUCCI; DARIUS MCDOWELL; JAMES WALKER.(ks, ) Modified on 7/24/2006 (ks, ). (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

2

MOTION for Preliminary Injunction filed by LEE BOWERS,BRANDON BUCCI; DARIUS MCDOWELL; JAMES WALKER..(ks, ) Additional attachment(s) added

July 24, 2006

July 24, 2006

4

NOTICE of Appearance by LYNNE A. SITARSKI on behalf of CITY OF PHILADELPHIA, LEON A. KING, II, SYLVESTER JOHNSON (SITARSKI, LYNNE) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

4 Original Summons Issued as to CITY OF PHILADELPHIA, LEON A. KING, II, SYLVESTER JOHNSON, RICHARD ROE. Forwarded To: Counsel on 7/24/06 (ks, ) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

DEMAND for Trial by Jury by LEE BOWERS,BRANDON BUCCI; DARIUS MCDOWELL; JAMES WALKER. (ks, ). (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

5

ORDER THAT THIS CASE IS REASSIGNED FROM JUDGE LEGROME D. DAVIS TO JUDGE R. BARCLAY SURRICK FOR ALL FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT MICHAEL E. KUNZ ON 7/31/06. 7/31/06 ENTERED AND COPIES E−MAILED.(afm, ) (Entered: 07/31/2006)

July 31, 2006

July 31, 2006

6

ORDER THAT STATUS CONFERENCE WILL BE HELD ON 8/4/2006 AT 11:30 AM IN CHAMBERS ROMM 8614. SIGNED BY JUDGE R. BARCLAY SURRICK ON 7/31/06. 7/31/06 ENTERED AND COPIES E−MAILED. FAXED BY CHAMBERS 7/31/06.(afm, ) (Entered: 07/31/2006)

July 31, 2006

July 31, 2006

7

ORDER THAT DEFENDANTS SHALL RESPOND TO INITIAL DISCOVERY REQUESTS BY 8/18/06; ALL DISCOVERY DUE 8/31/06; A HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION WILL BE HELD ON 9/18/2006 AT 10:30 AM IN COURTROOM 8A. SIGNED BY JUDGE R. BARCLAY SURRICK ON 8/4/06. 8/7/06 ENTERED AND COPIES E−MAILED.(afm, ) (Entered: 08/07/2006)

Aug. 4, 2006

Aug. 4, 2006

Set/Reset Deadlines: DISCOVERY DUE BY 8/31/2006. (afm, ) (Entered: 08/07/2006)

Aug. 4, 2006

Aug. 4, 2006

8

Minute Entry for proceedings held before Judge R. BARCLAY SURRICK : Pretrial Conference held on 8/4/06 (afm, ) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

9

MOTION FILED BY LYNNE ABRAHAM TO INTERVENE PURSUANT TO THE PRISON LITIGATION REFORM ACT, MEMORANDUM, CERTIFICATE OF SERVICE. (ANSWER TO COMPLAINT ATTACHED)(md) (Entered: 08/18/2006)

Aug. 17, 2006

Aug. 17, 2006

10

Memorandum of Law in Opposition re 9 MOTION to Intervene filed by BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS, Certificate of Service. (FEINBERG, JONATHAN) Modified on 9/1/2006 (np). (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

11

NOTICE of Appearance by MICHAEL C. CHASE, DAVID RICHMAN on behalf of BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS with CERTIFICATE OF SERVICE. (afm, ) (Entered: 09/01/2006)

Aug. 31, 2006

Aug. 31, 2006

12

ORDER THAT ON OR BEFORE 9/11/06, COUNSEL FOR EACH PARTY SHALL SUBMIT TO THE COURT AND OPPOSING COUNSEL THE FOLLOWING: A LIST OF ALL FACT WITNESSES WHO WILL BE CALLED TO TESTIFY AT THE HEARING, INCLUDING A BRIEF STATEMENT INDICATING THE NATURE OF THE TESTIMONY TO BE OFFERED BY THE WITNESSES. A LIST OF ALL EXPERT WITNESSES WHO WILL BE CALLED TO TESTIFY AT THE HEARING; ETC.. SIGNED BY JUDGE R. BARCLAY SURRICK ON 9/1/06. 9/1/06 ENTERED AND E−MAILED AND FAXED BY CHAMBERS.(jl, ) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

13

ANSWER to Complaint with Affirmative Defenses by CITY OF PHILADELPHIA, LEON A. KING, II, SYLVESTER JOHNSON, Certificate of Service. (SITARSKI, LYNNE) Modified on 9/5/2006 (np). (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

14

RESPONSE to Motion re 9 MOTION to Intervene filed by CITY OF PHILADELPHIA, LEON A. KING, II, SYLVESTER JOHNSON, Certificate of Service. (SITARSKI, LYNNE) Modified on 9/5/2006 (np). (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

15

NOTICE of Appearance by JEFFREY M. KOLANSKY on behalf of CITY OF PHILADELPHIA, LEON A. KING, II, SYLVESTER JOHNSON with Certificate of

Sept. 5, 2006

Sept. 5, 2006

17

NOTICE of Appearance by JEFFREY M. SCOTT on behalf of CITY OF PHILADELPHIA, LEON A. KING, II, SYLVESTER JOHNSON with Certificate of Service (SCOTT, JEFFREY) (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

18

REPLY to Response to Motion re 9 MOTION to Intervene filed by LYNNE ABRAHAM, Certificate of Service. (HART, SARAH) Modified on 9/6/2006 (np). (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

19

MOTION to Amend/Correct 1 Complaint filed by BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit A − Proposed Amended Complaint# 2 Exhibit B − Letter to Counsel)(FEINBERG, JONATHAN) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

20

MEMORANDUM AND ORDER THAT LYNN ABRAHAM'S MOTION TO INTERVENE IS GRANTED . SIGNED BY JUDGE R. BARCLAY SURRICK ON 9/8/06.9/11/06 ENTERED AND COPIES MAILED AND E−MAILED. (afm, ) (Entered: 09/11/2006)

Sept. 8, 2006

Sept. 8, 2006

21

ANSWER to Complaint by LYNNE ABRAHAM, CERTIFICATE OF SERVICE (see paper #9 for pdf).(afm, ) Additional attachment(s) added on 7/31/2007 (nda, ). (Entered: 09/11/2006)

Sept. 8, 2006

Sept. 8, 2006

22

ORDER THAT A STATUS CONFERENCE WILL BE HELD ON 9/13/2006 AT 03:00 PM IN CHAMBER, ROOM 8614. SIGNED BY JUDGE R. BARCLAY SURRICK ON 9/8/06. 9/11/06 ENTERED AND COPIES E−MAILED. FAXED BY CHAMBERS 9/8/06.(afm, ) (Entered: 09/11/2006)

Sept. 8, 2006

Sept. 8, 2006

23

RESPONSE to Motion re 19 MOTION to Amend/Correct 1 Complaint DA's Statement of Non−Opposition to Plaintiffs' Motion to File Amended Complaint filed by LYNNE ABRAHAM. (HART, SARAH) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

24

NOTICE by LYNNE ABRAHAM re 12 Order, DA's Statement Relating to Proposed Fact and Expert Witnesses , Certificate of Service. (HART, SARAH) Modified on 9/13/2006 (np). (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

25

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction DA &City Joint Response to Preliminary Injunction Motion filed by LYNNE ABRAHAM. (HART, SARAH) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

26

Joint MOTION to Continue Preliminary Injunction Hearing or, in the Alternative, Motion in Limine filed by LYNNE ABRAHAM.Memorandum &Certificate of Service. (Attachments: # 1 Appendix Joint Response to Preliminary Injunction Motion)(HART, SARAH) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

27

TRIAL BRIEF (Witness List) by CITY OF PHILADELPHIA, LEON A. KING, II, SYLVESTER JOHNSON. Certificate of Service (SCOTT, JEFFREY) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

28

Witness List by BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS. (Attachments: # 1 Supplement Cohen Report, CV# 2 Supplement Benton Report, Part 1 of 2# 3 Supplement Benton Report, Part 2 of 2# 4 Supplement Benton CV)(FEINBERG, JONATHAN) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

29

MOTION to Certify Class filed by BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum of Law# 2 Text of Proposed Order)(FEINBERG, JONATHAN) (Entered: 09/12/2006)

Sept. 12, 2006

Sept. 12, 2006

30

MOTION for Discovery and for Sanctions filed by BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit A−H)(FEINBERG, JONATHAN) (Entered: 09/12/2006)

Sept. 12, 2006

Sept. 12, 2006

32

ORDER THAT A HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION IS CONTINUED TO 10/3/2006 AT 09:00 AM IN COURTROOM 8A; DEFENDANT'S SHALL RESPOND TO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION BY 9/20/06. SIGNED BY JUDGE R. BARCLAY SURRICK ON 9/13/06. 9/14/06 ENTERED AND COPIES E−MAILED. FAXED BY CHAMBERS 9/13/06.(afm, ) (Entered: 09/14/2006)

Sept. 13, 2006

Sept. 13, 2006

33

ORDER THAT PLAINTIFF'S MOTION TO AMEND THE COMPLAINT IS GRANTED . SIGNED BY JUDGE R. BARCLAY SURRICK ON 9/13/06.9/14/06 ENTERED AND COPIES E−MAILED. FAXED BY CHAMBERS 9/13/06. (afm, ) (Entered: 09/14/2006)

Sept. 13, 2006

Sept. 13, 2006

34

AMENDED COMPLAINT with JURY DEMAND against CITY OF PHILADELPHIA, LEON A. KING, II, SYLVESTER JOHNSON, JOHN DOE, RICHARD ROE , filed by JEROME BULLARD, JEROME HAYES, DENNIS JONES, NATHANIEL KENNEDY, RAYMOND LEVENTRY, MICHAEL LITTLE, GIHAD TOPPING, TIMOTHY WEGLICKI, MANUEL WILLIAMS, BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS (SEE PAPER # 19 FOR PDF).(afm, ) Additional attachment(s) added on 7/31/2007 (nda, ). (Entered: 09/14/2006)

Sept. 13, 2006

Sept. 13, 2006

35

Minute Entry for proceedings held before Judge R. BARCLAY SURRICK : Pretrial Conference held on 9/13/06 (afm, ) (Entered: 09/14/2006)

Sept. 14, 2006

Sept. 14, 2006

36

NOTICE of Appearance by DONALD C. MARINO on behalf of CITY OF PHILADELPHIA (afm, ) Additional attachment(s) added on 7/31/2007 (nda, ). (Entered: 09/15/2006)

Sept. 14, 2006

Sept. 14, 2006

37

NOTICE of Appearance by CHRISTOPHER P. MALLIOS on behalf of LYNNE ABRAHAM with CERTIFICATE OF SERVICE. (afm, ) Additional attachment(s) added on 10/3/2006 (afm, ). (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

38

STIPULATION re 32 Order,, Set Motion and RRDeadlines/Hearings,, 29 MOTION to Certify Class Stipulation Re: Class Certification Filing Deadlines by LYNNE ABRAHAM. (HART, SARAH) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 9/21/2006 (np). (Entered: 09/19/2006)

Sept. 19, 2006

Sept. 19, 2006

39

STIPULATION AND ORDER THAT DEFENDANTS' RESPONSE TO MOTION FOR CLASS CERTIFICATION IS EXTENDED BY 1 DAY TO 9/21/2006; PLAINTIFF'S REPLY IS EXTENDED BY 2 BUSINESS DAYS TO 9/26/06.. SIGNED BY JUDGE R. BARCLAY SURRICK ON 9/19/06. 9/20/06 ENTERED. COPIES FAXED BY CHAMBERS 9/19/06.(afm, ) Additional attachment(s) added on 7/31/2007 (nda, ). (Entered: 09/20/2006)

Sept. 19, 2006

Sept. 19, 2006

40

RESPONSE in Opposition re 29 MOTION to Certify Class City Defendants' and District Attorney's Joint Response to Plaintiffs' Motion for Class Certification filed by LYNNE ABRAHAM. (HART, SARAH) (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

41

Witness List by JEROME BULLARD, JEROME HAYES, DENNIS JONES, NATHANIEL KENNEDY, RAYMOND LEVENTRY, MICHAEL LITTLE, GIHAD TOPPING, TIMOTHY WEGLICKI, MANUEL WILLIAMS, BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS. Certificate of Service (Attachments: # 1 Exhibit Dr. Robert Cohen Report − Addendum# 2 Exhibit Corbett Report, CV)(FEINBERG, JONATHAN) (Entered: 09/26/2006)

Sept. 26, 2006

Sept. 26, 2006

42

REPLY to Response to Motion re 29 MOTION to Certify Class filed by JEROME BULLARD, JEROME HAYES, NATHANIEL KENNEDY, RAYMOND LEVENTRY, MICHAEL LITTLE, GIHAD TOPPING, TIMOTHY WEGLICKI, MANUEL WILLIAMS, BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS. (Attachments: # 1 Exhibit A − J)(FEINBERG,

Sept. 26, 2006

Sept. 26, 2006

44

MOTION to Dismiss Under Rule 12(B)1 and Rule 12(B)(6) or for Summary Judgment, jointly filed by CITY OF PHILADELPHIA, LYNNE ABRAHAM, LEON A. KING, II, SYLVESTER JOHNSON.Certificate of Service. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Text of Proposed Order)(KOLANSKY, JEFFREY) (Entered: 09/26/2006)

Sept. 26, 2006

Sept. 26, 2006

45

MOTION for Protective Order filed by JEROME BULLARD, JEROME HAYES, DENNIS JONES, NATHANIEL KENNEDY, RAYMOND LEVENTRY, MICHAEL LITTLE, GIHAD TOPPING, TIMOTHY WEGLICKI, MANUEL WILLIAMS, BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS..(FEINBERG, JONATHAN) (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

46

Memorandum of Law in Opposition re 45 MOTION for Protective Order filed by CITY OF PHILADELPHIA, LEON A. KING, II, SYLVESTER JOHNSON, Certificate of Service. (SCOTT, JEFFREY) Modified on 10/2/2006 (np). (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

47

ORDER THAT A TELEPHONE CONFERENCE WILL BE HELD ON 9/28/2006 AT 10:15 AM, CHAMBERS WILL INITIATE THE CALL. SIGNED BY JUDGE R. BARCLAY SURRICK ON 9/28/06. 9/28/06 ENTERED AND COPIES E−MAILED. FAXED BY CHAMBERS 9/28/06.(afm, ) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

48

ORDER THAT DEPOSITIONS FOR DIN, FLEMMINGS, JONES, MAXWELL, PEDRAZA, SCOTT AND WILLIAMS SHALL TAKE PLACE ON 9/29/06 AT 9:00 AM, ETC. SIGNED BY JUDGE R. BARCLAY SURRICK ON 9/28/06. 9/28/06 FAXED BY CHAMBERS. 9/29/06 ENTERED AND COPIES E−MAILED.(jmp, ) (Entered: 09/29/2006)

Sept. 28, 2006

Sept. 28, 2006

49

ORDER THAT PLFFS' MOTION FOR PROTECTIVE ORDER (DOC. NO. 45) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: DEFT MAY DEPOSE PLFFS' SEVEN ADDITIONAL WITNESSES ON SEPT. 29, 2006, ETC. PLFF'S FIRE EXPERT, MR. CORBETT, MAY TOUR THE PAB PRIOR TO THE HEARING ON MOTION FOR PREL.INJUNCT. SCHEDULED FOR 10/3/06. SIGNED BY JUDGE R. BARCLAY SURRICK ON 9/28/06. 9/28/06 FAXED BY CHAMBERS.9/29/06 ENTERED AND COPIES E−MAILED. (jmp, ) (Entered: 09/29/2006)

Sept. 28, 2006

Sept. 28, 2006

50

Minute Entry/Report of Pretrial Conference for proceedings held before Judge R. BARCLAY SURRICK : Pretrial Conference held on 9/28/06. (pr, ) (Entered: 09/29/2006)

Sept. 28, 2006

Sept. 28, 2006

51

MEMORANDUM AND ORDER THAT PLFFS' MOTION FOR CLASS CERTIFICATION IS GRANTED. THIS ACTION IS HEREBY CERTIFIED AS A CLASS ACTION FOR PURPOSES OF INJUNCTIVE & DECLARATORY RELIEF PURSUANT TO F.R.C.P. 23(a) & (b)(2), ETC. SIGNED BY JUDGE R. BARCLAY SURRICK ON 9/28/06. 9/29/06 ENTERED AND COPIES E-MAILED: COPIES FAXED BY CHAMBERS ON 9/28/06.(kw, )

Sept. 28, 2006

Sept. 28, 2006

RECAP
52

ORDER THAT THE WARDEN OF THE DETENTION CENTER PRODUCE BEFORE THIS COURT TERRANCE MAXWELL PP. 748862 ON 10/4/06 AT 9:00 A.M. FOR A PRELIMINARY INJUNCTION HEARING IN THE ABOVE CAPTIONED MATTER; ETC.. SIGNED BY JUDGE R. BARCLAY SURRICK ON 9/29/06. 9/29/06 ENTERED AND E−MAILED AND FAXED BY CHAMBERS.(jl, ) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

53

ORDER THAT THE WARDEN OF PICC PRODUCE BEFORE THIS COURT DENNIS JONES, ON TUESDAY, OCTOBER 3, 2006, AT 9:00 A.M. BEFORE THE HONORABLE R. BARCLAY SURRICK TO APPEAR FOR A PRELIMINARY INJUNCTION HEARING, ETC.. SIGNED BY JUDGE R. BARCLAY SURRICK ON 09/29/06. 09/29/06 ENTERED AND COPIES MAILED. COPIES FAXED BY CHAMBERS.(ac, ) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

54

ORDER THAT THE WARDEN OF THE HOUSE OF CORRECTOINS PRODUCE BEFORE THIS COURT JEROME BULLARD PP NO. 927369, KHAYAN FLEMMINGS PP NO. 941115, ERIC SCOTT PP NO. 709860 ON 10/4/06 AT 9:00 A.M. BEFORE THE HON. R. BARCLAY SURRICK TO APPEAR FOR A PRELIMINARY INJUNCTION HEARING IN THE ABOVE−CAPTIONED MATTER, ETC. SIGNED BY JUDGE R. BARCLAY SURRICK ON 9/29/06. 9/29/06 ENTERED AND COPIES E−MAILED: COPIES FAXED BY CHAMBERS.(kw, ) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

55

ORDER THAT THE WARDEN OF CFCF PRODUCE BEFORE THIS COURT NATHANIEL KENNEDY, MICHAEL LITTLE, AND JEFFREY JONES, ON TUESDAY, OCTOBER 3, 2006, AT 9:00 A.M. BEFORE THE HONORABLE R. BARCLAY SURRICK TO APPEAR FOR A PRELIMINARY INJUNCTION HEARING, ETC. SIGNED BY JUDGE R. BARCLAY SURRICK ON 9/29/06. 9/29/06 ENTERED AND COPIES E−MAILED, AND FAXED BY CHAMBERS.(md) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

56

ORDER THAT THE WARDEN OF THE DETENTION CENTER PRODUCE BEFORE THIS COURT JEROME HAYES PP NO. 558700 ON 10/3/06 AT 9;00 A.M. BEFORE THE HONORABLE R, BARCLAY SURRICK TO APPEAR FOR A PRELIMINARY INJUCTION HEARING IN THE ABOVE CAPTIONED MATTER AND THAT IMMEDIATELY UPON TERMINATION OF THE SAID PROCEEDINGS, HE/SHE BE DELIVERED INTO THE CUSTODY OF THE SAID SUPERINTENDENT OF THE SAID INSTITUTION. SIGNED BY JUDGE R. BARCLAY SURRICK ON 9/29/06. 9/29/06 ENTERED AND COPIES FAXED FROM CHAMBERS. (jpd) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

57

RESPONSE in Opposition re 44 MOTION to Dismiss Under Rule 12(B)1 and Rule 12(B)(6) or for Summary Judgment, jointly filed by JEROME BULLARD, JEROME HAYES, DENNIS JONES, NATHANIEL KENNEDY, RAYMOND LEVENTRY, MICHAEL LITTLE, GIHAD TOPPING, TIMOTHY WEGLICKI, MANUEL WILLIAMS, BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS. (FEINBERG, JONATHAN) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

59

ORDER THAT THE WARDEN OF PICC PRODUCE ANTONIO PEDRAZA PP NO. 960746 ON 10/4/06 AT 9:00 A.M. TO APPEAR FOR PRELIMINARY INJUNCTION HEARING AND THAT IMMEDIATELY UPON TERMINATION OF SAID PROCEEDING HE/SHE BE DELIVERED INTO THE CUSTODY OF SAID SUPERINTENDENT OF SAID INSTITUTION. SIGNED BY JUDGE R. BARCLAY SURRICK ON 10/2/06. 10/3/06 ENTERED AND COPIES E−MAILED. FAXED BY CHAMBERS 10/2/06.(afm, ) (Entered: 10/03/2006)

Oct. 2, 2006

Oct. 2, 2006

58

Exhibits A and B RE: RESPONSE in Opposition re 44 MOTION to Dismiss Under Rule 12(B)1 and Rule 12(B)(6) or for Summary Judgment, jointly filed by JEROME BULLARD, JEROME HAYES, DENNIS JONES, NATHANIEL KENNEDY, RAYMOND LEVENTRY, MICHAEL LITTLE, GIHAD TOPPING, TIMOTHY WEGLICKI, MANUEL WILLIAMS, BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS. (FEINBERG, JONATHAN) Modified on 10/4/2006 (np). (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

60

NOTICE of Appearance by SU MING YEH on behalf of JEROME BULLARD, JEROME HAYES, DENNIS JONES, NATHANIEL KENNEDY, RAYMOND LEVENTRY, MICHAEL LITTLE, GIHAD TOPPING, TIMOTHY WEGLICKI, MANUEL WILLIAMS, BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS. (afm, ) Additional attachment(s) added on 7/31/2007 (nda, ). (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

61

Minute Entry for proceedings/Preliminary Injunction Hearing held before Judge R. BARCLAY SURRICK on 10/3/06 (DAY 1). (afm, ) (Entered: 10/04/2006)

Oct. 3, 2006

Oct. 3, 2006

62

Minute Entry for proceedings/PRELIMINARY INJUNCTION HEARING held before Judge R. BARCLAY SURRICK ON 10−4−06 (DAY 2). (afm, ) (Entered: 10/05/2006)

Oct. 4, 2006

Oct. 4, 2006

64

Minute Entry for proceedings/PRELIMINARY INJUNCTION HEARING (DAY 4) held before Judge R. BARCLAY SURRICK ON 10/6/06. (afm, ) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

65

TRANSCRIPT of Proceedings held on 10/4/06 before Judge SURRICK. 10/4/06 JURY TRIAL (jl, ) (Entered: 10/11/2006)

Oct. 10, 2006

Oct. 10, 2006

66

TRANSCRIPT of Proceedings held on 10/3/06 before Judge SURRICK. Court Reporter: INNA GOLDSHTEYN. TRIAL, AFTERNOON SESSION (jl, ) (Entered: 10/11/2006)

Oct. 10, 2006

Oct. 10, 2006

67

TRANSCRIPT of Proceedings held on 10/3/06 before Judge SURRICK. Court Reporter: INNA GOLDSHTEYN. HEARING ON PRELIMINARY INJUNCTION MORNING SESSION (jl, ) (Entered: 10/11/2006)

Oct. 10, 2006

Oct. 10, 2006

68

TRANSCRIPT of Proceedings/Hearing held on 10/4/06 before Judge HONORABLE R. BARCLAY SURRICK. Court Reporter: ESR. (afm, ) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

69

TRANSCRIPT of Proceedings/NON−JURY TRIAL held on 10/5/06, Morning Session before Judge HONORABLE R. BARCLAY SURRICK. Court Reporter: ESR. (afm, ) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

70

TRANSCRIPT of Proceedings/PRELIMINARY INJUNCTION HEARING held on 10/5/06, AFTERNOON SESSION before Judge R. BARCLAY SURRICK. Court Reporter: ESR. (afm, ) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

71

TRANSCRIPT of Proceedings/HEARING held on 10/6/06 before Judge R. BARCLAY SURRICK. Court Reporter: ESR. (afm, ) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

72

REPLY to Response to Motion re 44 MOTION to Dismiss Under Rule 12(B)1 and Rule 12(B)(6) or for Summary Judgment, jointly The District Attorney's Reply Brief in Support of the Motion to Dismiss, or for Summary Judgment filed by LYNNE ABRAHAM. (HART, SARAH) (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

73

MOTION TO ADMIT NEW EVIDENCE FILED BY JEROME BULLARD, JEROME HAYES, DENNIS JONES, NATHANIEL KENNEDY, RAYMOND LEVENTRY, MICHAEL LITTLE, GIHAD TOPPING, TIMOTHY WEGLICKI, MANUEL WILLIAMS, BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS, CERTIFICATE OF SERVICE. (Attachments: # 1 Exhibit Declaration of Richard Brown# 2 Exhibit Declaration of Jerome Hands)(FEINBERG, JONATHAN) Modified on 10/26/2006 (cdd, ). (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

74

Proposed Findings of Fact and Conclusions of Law by JEROME BULLARD, JEROME HAYES, DENNIS JONES, NATHANIEL KENNEDY, RAYMOND LEVENTRY, MICHAEL LITTLE, GIHAD TOPPING, TIMOTHY WEGLICKI, MANUEL WILLIAMS, BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS. (Conclusions of Law filed separately), Certificate of Service (Attachments: # 1 Appendix A)(FEINBERG, JONATHAN) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

75

Memorandum of Law, Post Hearing re 2 MOTION for Preliminary Injunction filed by JEROME BULLARD, JEROME HAYES, DENNIS JONES, NATHANIEL KENNEDY, RAYMOND LEVENTRY, MICHAEL LITTLE, GIHAD TOPPING, TIMOTHY WEGLICKI, MANUEL WILLIAMS, BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS. (FEINBERG, JONATHAN) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

76

Memorandum of Law In Support of Conclusions of Law and Findings of Fact re 2 MOTION for Preliminary Injunction filed by CITY OF PHILADELPHIA, LEON A. KING, II, SYLVESTER JOHNSON. (Attachments: # 1 Exhibit City Exhibit 25−Dep. of T. Innes# 2 Exhibit # 3 Exhibit # 4 Exhibit # 5)(SCOTT, JEFFREY) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

78

Proposed Findings of Fact and Conclusions of Law by CITY OF PHILADELPHIA, LEON A. KING, II, SYLVESTER JOHNSON. Certificate of Service (SCOTT, JEFFREY) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

79

Proposed Findings of Fact and Conclusions of Law by LYNNE ABRAHAM. Certificate of Service (HART, SARAH) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

80

RESPONSE to Motion re 73 MOTION to Permit Admission of New Evidence filed by District Attorney, Intervenor and filed by CITY OF PHILADELPHIA, LEON A. KING, II, SYLVESTER JOHNSON. (SCOTT, JEFFREY) (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

81

MOTION to Strike Exhibit from Proposed Findings of Fact, Conclusions of Law and Memorandum of Law of Defendants City of Philadelphia, and Commissioners King and Johnson filed by JEROME BULLARD, JEROME HAYES, DENNIS JONES, NATHANIEL KENNEDY, RAYMOND LEVENTRY, MICHAEL LITTLE, GIHAD TOPPING, TIMOTHY WEGLICKI, MANUEL WILLIAMS, BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS.Certificate of Service.(FEINBERG, JONATHAN) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

82

NOTICE by CITY OF PHILADELPHIA, LEON A. KING, II, SYLVESTER JOHNSON to Substitute City Exhibit "40" attached to City Defendants' Proposed Findings of Fact, Proposed Conclusions of Law and Memorandum of Law (SCOTT, JEFFREY) Modified on 11/2/2006 (md) (MOTION FILED IN ERROR BY ATTY AS NOTICE) (Entered: 10/31/2006)

Oct. 31, 2006

Oct. 31, 2006

83

RESPONSE in Opposition re 81 MOTION to Strike Exhibit from Proposed Findings of Fact, Conclusions of Law and Memorandum of Law of Defendants City of Philadelphia, and Commissioners King and Johnson filed by CITY OF PHILADELPHIA, LEON A. KING, II, SYLVESTER JOHNSON. (SCOTT, JEFFREY) (Entered: 10/31/2006)

Oct. 31, 2006

Oct. 31, 2006

84

REPLY to Response to Motion re 81 MOTION to Strike Exhibit from Proposed Findings of Fact, Conclusions of Law and Memorandum of Law of Defendants City of Philadelphia, and Commissioners King and Johnson filed by JEROME BULLARD, JEROME HAYES, DENNIS JONES, NATHANIEL KENNEDY, RAYMOND LEVENTRY, MICHAEL LITTLE, GIHAD TOPPING, TIMOTHY WEGLICKI, MANUEL WILLIAMS, BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS, Certificate of Service. (FEINBERG, JONATHAN) Modified on 11/7/2006 (cdd, ). (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

85

Memorandum in Opposition re 2 MOTION for Preliminary Injunction , in the nature of a CONSOLIDATED RESPONSE TO PLAINTIFFS' PROPOSED FINDINGS OF FACT, POST HEARING MEMORANDUM OF LAW, AND LETTER OF NOVEMBER 1, 2006 filed by LYNNE ABRAHAM. (HART, SARAH) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

86

REPLY to Response to Motion re 2 MOTION for Preliminary Injunction in reply to Consolidated Response of District Attorney filed by JEROME BULLARD, JEROME HAYES, DENNIS JONES, NATHANIEL KENNEDY, RAYMOND LEVENTRY, MICHAEL LITTLE, GIHAD TOPPING, TIMOTHY WEGLICKI, MANUEL WILLIAMS, BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS, Certificate of Service. (FEINBERG, JONATHAN) Modified on 11/13/2006 (cdd, ). (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

87

Memorandum of Law on Standing by JEROME BULLARD, JEROME HAYES, DENNIS JONES, NATHANIEL KENNEDY, RAYMOND LEVENTRY, MICHAEL LITTLE, GIHAD TOPPING, TIMOTHY WEGLICKI, MANUEL WILLIAMS, BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS. (Attachments: # 1 Exhibit A−E) (FEINBERG, JONATHAN) (Entered: 11/17/2006)

Nov. 17, 2006

Nov. 17, 2006

88

REPLY to Response to Motion re 2 MOTION for Preliminary Injunction Joint Reply filed by District Attorney and filed by CITY OF PHILADELPHIA, LEON A. KING, II, SYLVESTER JOHNSON. (SCOTT, JEFFREY) (Entered: 11/21/2006)

Nov. 21, 2006

Nov. 21, 2006

90

ORDER THAT PLAINTIFF'S MOTION FOR DISCOVERY AND FOR SANCTIONS IS DISMISSED AS MOOT. SIGNED BY JUDGE R. BARCLAY SURRICK ON 1/18/07.1/19/07 ENTERED AND COPIES E−MAILED AND FAXED. (stb, ) (Entered: 01/19/2007)

Jan. 18, 2007

Jan. 18, 2007

91

ORDER THAT THE MOTION TO EXPEDITE IS DISMISSED AS MOOT. SIGNED BY JUDGE R. BARCLAY SURRICK ON 1/18/07.1/19/07 ENTERED AND COPIES E−MAILED AND FAXED. (stb, ) (Entered: 01/19/2007)

Jan. 18, 2007

Jan. 18, 2007

92

MEMORANDUM AND ORDER THAT DEFTS' MOTION TO SUBSTITUTE CITY EXH 40 (DOC. NO. 82) IS GRANTED. PLFFS' MOTION TO ADMIT NEW EVIDENCE (DOC. NO. 73) IS GRANTED, ETC. PLFF'S MOTION TO STRIKE (DOC. NO. 81) IS GRANTED, ETC. SIGNED BY JUDGE R. BARCLAY SURRICK ON 1/18/07. 1/18/07 FAXED BY CHAMBERS. 1/19/07 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(jmp, )

Jan. 18, 2007

Jan. 18, 2007

RECAP
93

NOTICE by LYNNE ABRAHAM Notice Of Legal Authority (Relating to Documents 44 and 72) (Attachments: # 1 Exhibit Jones v. Bock Opinion)(HART, SARAH) (Entered: 01/22/2007)

Jan. 22, 2007

Jan. 22, 2007

94

MEMORANDUM AND ORDER THAT CITY DEFENDANTS AND DISTRICT ATTORNEY'S JOINT MOTION TO DISMISS OR FOR SUMMARY JUDGMENT IS DENIED. PLAINTIFFS' MOTION FOR PREMLIMINARY INJUNCTION IS GRANTED.SIGNED BY JUDGE R. BARCLAY SURRICK ON 1/25/07.1/26/07 ENTERED AND COPIES E−MAILED AND FAXED BY CHAMBERS. (stb, ) (Entered: 01/26/2007)

Jan. 25, 2007

Jan. 25, 2007

95

NOTICE OF APPEAL by LYNNE ABRAHAM. Filing fee $ 455, receipt number 936449. Copies to Judge, Clerk USCA, Appeals Clerk and all counsel. (jmp, ) Additional attachment(s) added on 10/11/2007 (mk, ). (Entered: 02/02/2007)

Feb. 1, 2007

Feb. 1, 2007

96

Clerk's Notice to USCA re 95 Notice of Appeal: (jmp, ) (Entered: 02/02/2007)

Feb. 1, 2007

Feb. 1, 2007

NOTICE of Docketing Record on Appeal from USCA re 95 Notice of Appeal filed by LYNNE ABRAHAM. USCA Case Number 07−1351. (mjo, ) (Entered: 02/05/2007)

Feb. 5, 2007

Feb. 5, 2007

97

MOTION for Permanent Injunction (to convert Preliminary Injunction to Permanent Injunction) filed by JEROME BULLARD, JEROME HAYES, DENNIS JONES, NATHANIEL KENNEDY, RAYMOND LEVENTRY, MICHAEL LITTLE, GIHAD TOPPING, TIMOTHY WEGLICKI, MANUEL WILLIAMS, BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS.Memorandum, Certificate of Service.(FEINBERG, JONATHAN) (Entered: 02/06/2007)

Feb. 6, 2007

Feb. 6, 2007

98

MOTION for Attorney Fees filed by JEROME BULLARD, JEROME HAYES, NATHANIEL KENNEDY, RAYMOND LEVENTRY, MICHAEL LITTLE, GIHAD TOPPING, TIMOTHY WEGLICKI, MANUEL WILLIAMS, BRANDON BUCCI, DARIUS MCDOWELL, JAMES WALKER, LEE BOWERS.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit A−G)(FEINBERG, JONATHAN) (Entered: 02/08/2007)

Feb. 8, 2007

Feb. 8, 2007

99

ANSWER to Amended Complaint WITH AFFIRMATIVE DEFENSES by LYNNE ABRAHAM, CERTIFICATE OF SERVICE.(HART, SARAH) Modified on 2/9/2007 (afm, ). (Entered: 02/08/2007)

Feb. 8, 2007

Feb. 8, 2007

100

MOTION to Amend/Correct the Judgment Pursuant to Rule 59(e) filed by CITY OF PHILADELPHIA, LEON A. KING, II, SYLVESTER JOHNSON.Memorandum, Certificate of Service.(SCOTT, JEFFREY) (Entered: 02/08/2007)

Feb. 8, 2007

Feb. 8, 2007

102

RESPONSE in Opposition re 97 MOTION for Permanent Injunction (to convert Preliminary Injunction to Permanent Injunction) MOTION for Permanent Injunction (to convert Preliminary Injunction to Permanent Injunction) filed by CITY OF PHILADELPHIA, LEON A. KING, II, SYLVESTER JOHNSON. (SCOTT, JEFFREY) (Entered: 02/14/2007)

Feb. 14, 2007

Feb. 14, 2007

103

ANSWER to Amended Complaint by CITY OF PHILADELPHIA, LEON A. KING, II, SYLVESTER JOHNSON.(SCOTT, JEFFREY) (Entered: 02/14/2007)

Feb. 14, 2007

Feb. 14, 2007

104

RESPONSE in Opposition re 97 MOTION for Permanent Injunction (to convert Preliminary Injunction to Permanent Injunction) MOTION for Permanent Injunction (to convert Preliminary Injunction to Permanent Injunction) filed by LYNNE ABRAHAM. (HART, SARAH) (Entered: 02/14/2007)

Feb. 14, 2007

Feb. 14, 2007

Case Details

State / Territory: Pennsylvania

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 24, 2006

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Pre-trial detainees confined in the Philadelphia Prison System [PPS].

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Kairys, Rudovsky, Messing & Feinberg, LLP

Pennsylvania Institutional Law Project

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Philadelphia (Philadelphia), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Order Duration: 2006 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Bathing and hygiene

Fire safety

Food service / nutrition / hydration

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run