Case: Imprisoned Citizens Union v. Shapp

2:70-cv-03054 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Nov. 4, 1970

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On November 4, 1970, the Imprisoned Citizens Union, an unincorporated association composed of prisoners of the Commonwealth of Pennsylvania, filed a class action lawsuit under 42 U.S.C. § 1983 against the Pennsylvania Department of Corrections in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs, represented in part by the American Civil Liberties Union, alleged that the defendants had violated their constitutional rights by failing to furnish them with necessiti…

On November 4, 1970, the Imprisoned Citizens Union, an unincorporated association composed of prisoners of the Commonwealth of Pennsylvania, filed a class action lawsuit under 42 U.S.C. § 1983 against the Pennsylvania Department of Corrections in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs, represented in part by the American Civil Liberties Union, alleged that the defendants had violated their constitutional rights by failing to furnish them with necessities for personal hygiene (like shampoo, deodorant, razor blades, razors, toothbrushes, and toothpaste), placing them in disciplinary solitary confinement for as long as seven years at a time without notice or a hearing, and failing to give them notice of the rules that govern their conduct in the prison or what punishments are to be imposed for infractions. They also complained of confinement in filthy, vermin-infested subterranean dungeons, lack of ventilation, lack of bedding, lack of adequate clothing, starvation diets, sack of sanitation, harassment and assault with weapons and chemicals, physical assaults by goon squads of custodial personnel, lack of a law library, cutting them off from communicating with news media, lack of exercise, invasion of privacy by reading and restricting their mail, refusing to allow them to read books, magazines, newspapers, instructional materials, and public documents, providing no light source within the cell, as well as lack of educational programs, rehabilitation, and vocational training. The plaintiffs claimed that the defendants would transfer them for the malicious purposes of isolating them from their families and their attorneys, causing them to lose seniority in the inmate population's programming, and intimidating them to prevent them from exercising their constitutional rights. The plaintiffs claimed that the defendants also provided inadequate medical care, arbitrarily and capriciously required them to ingest tranquilizing drugs like Thorazine, and punished plaintiffs who refused to take the medicine. They claimed that the ingestion of such drugs on a continual, daily basis caused permanent mental imbalance to members of the plaintiff class. They claimed that the defendants failed to provide prosthetic devices such as false teeth and eyeglasses to plaintiffs who required them. They claimed that the prisons were controlled by racist prison officials who deliberately instigated and provoked racial tensions, riots, and interracial violence by enforcing discriminatory and racist policies. Finally, they claimed that the defendants forced them to submit to arbitrary strip searches, vandalize their cells, and restrict their visitation privileges.

On December 20, 1977, the parties agreed and stipulated that the defendants would provide a law library with specified books for the defendant population.

Three similar cases (Owens v. Murdock, Ray v. Rundle, and Bracey v. Prasse) were consolidated with this case, and on April 8, 1976, the parties entered into a consent decree, which the District Court (Judge Joseph Simon Lord III) approved on May 22, 1978. Under the decree, the defendants agreed to promulgate an official code of conduct covering all aspects of institutional life relating to the conduct of residents and officials involved in the prison system. The code was to specify, among other things, the prison rules, the disciplinary system, levels of punishment, and a fair system of hearings. The decree also covered health care, mail, clothing, hygiene items, use of physical and chemical restraints (like mace), searches of the residents and their cells, visitation, lighting, toilets in each cell, running water in each cell, ventilation, transfers between prisons, clothing, and retaliation against prisoners who exercise their right to sue.

On June 7, 1978, the District Court (Judge Lord) settled the issues not covered under the consent decree, ruling that the conditions in the maximum security areas at Graterford, Dallas, and Muncy did not constitute cruel and unusual punishment in violation of the Eighth Amendment. The Court found that the three cells at Huntingdon known as the "Glass Cage" were constitutionally unacceptable and ordered them closed. The Court further found that the prohibition against conjugal visitation at each of the state prisons did not offend the Constitution. Imprisoned Citizens Union v. Shapp, 451 F.Supp. 894 (E.D.Pa. 1978).

Rather than closing the "Glass Cage," the defendants alleged that the constitutional defects in those cells had been cured, and they asked the court to dissolve that part of the injunction. On November 20, 1978, the District Court (Judge Lord) held that because of physical and procedural improvements, the use of the cells no longer violated the Constitution, and the Court dissolved that part of the injunction. Imprisoned Citizens Union v. Shapp, 461 F.Supp. 522 (E.D.Pa. 1978).

The plaintiffs asked the Court to award them their attorneys' fees, and on June 18, 1979, the District Court (Judge Lord) held that the plaintiffs were entitled to have the defendants pay all of their fees. Imprisoned Citizens Union v. Shapp, 473 F.Supp. 1028 (E.D.Pa. 1979).

On June 30, 1982, the parties agreed and stipulated that they wanted the Court to dispose of any outstanding contempt claims that the plaintiffs had made against the defendants. In return, the defendants agreed to reorganize the Hearing Committee, replacing all current members and instituting new procedures that the plaintiffs considered to be fair. This stipulation was amended one month later, with minor changes to the makeup of the Hearing Committee and its procedures.

On July 30, 1982, the parties also agreed that the plaintiffs would not object to the defendants' standard cell check procedures, so long as the defendants would not use cell searches for the purpose of harassing inmates.

In the years following the adoption of the consent decree, the Court received a large number of inmate letters complaining that the decree was being repeatedly violated. The defendants asked the court to dismiss all allegations of contempt. The Court charged U.S. Magistrate Judge William F. Hall, Jr. with the duty to investigate the complaints to see whether they had merit. On May 4, 1983, Judge Hall submitted his report and recommendation to the District Court, recommending that the District Court grant the defendants' motion to dismiss the complaints. One week later, the District Court (Judge Lord) approved and adopted the Magistrate's recommendation.

On June 8, 1988, the District Court again awarded the plaintiffs their attorneys' fees, finding that the plaintiff attorneys had done an excellent job at representing their clients in this litigation. Imprisoned Citizens Union v. Shapp, No. 70-3054, 1988 WL 59270, (E.D.Pa. Jun. 8, 1988).

In 1991, Donald Jones, a Pennsylvania inmate, attempted to bring a contempt claim against the defendants, but the District Court (Judge Fullam) dismissed the complaint for lack of venue, advising the plaintiff to re-file the complaint in one of the other district courts. Imprisoned Citizens Union v. Shapp, No. 91-0217, 1991 WL 16720, (E.D.Pa. Feb. 5, 1991).

After a string of similar individual claims of contempt, the District Court (Judge Jan E. DuBois) held on December 9, 1996, that only allegations of institution or system-wide violations of the decree could be considered as the basis for contempt proceedings, and that the class counsel had to bring such allegations, rather than individual plaintiffs. Imprisoned Citizens Union v. Shapp, 977 F.Supp. 335 (E.D.Pa. 1996).

In 1998, the defendants asked the Court to terminate the consent decree pursuant to the Prison Litigation Reform Act (PLRA). The plaintiffs opposed the motion, arguing that the PLRA was unconstitutional. On May 4, 1998, the District Court (Judge DuBois) held that the PLRA was constitutional and granted the request to terminate the decree. Imprisoned Citizens Union v. Shapp, 11 F.Supp.2d 586 (E.D.Pa. 1998). The plaintiffs appealed. On February 25, 1999, the U.S. Court of Appeals for the Third Circuit (Judge Samuel Alito) affirmed the District Court's termination of the decree. Imprisoned Citizens Union v. Shapp, 169 F.3d 180 (3rd Cir. 1999).

Summary Authors

Kristen Sagar (10/4/2007)

People


Judge(s)

Alito, Samuel A. Jr. (New Jersey)

Dalzell, Stewart R. (Pennsylvania)

DuBois, Jan Ely (Pennsylvania)

Fullam, John Patrick (Pennsylvania)

Hall, William F. (Pennsylvania)

Lord, Joseph Simon III (Pennsylvania)

O'Neill, Thomas Newman Jr. (Pennsylvania)

Scirica, Anthony Joseph (Pennsylvania)

Sloviter, Dolores Korman (Pennsylvania)

Attorneys(s) for Plaintiff

Bradley, Raymond J. (Pennsylvania)

Judge(s)

Alito, Samuel A. Jr. (New Jersey)

Dalzell, Stewart R. (Pennsylvania)

DuBois, Jan Ely (Pennsylvania)

Fullam, John Patrick (Pennsylvania)

Hall, William F. (Pennsylvania)

Lord, Joseph Simon III (Pennsylvania)

O'Neill, Thomas Newman Jr. (Pennsylvania)

Scirica, Anthony Joseph (Pennsylvania)

Sloviter, Dolores Korman (Pennsylvania)

Attorneys(s) for Plaintiff

Bradley, Raymond J. (Pennsylvania)

Cantor, Gilbert H. (Pennsylvania)

Fiebach, Robert H. (Pennsylvania)

Harvey, Thomas B. III (Pennsylvania)

Hirschkop, Phillip J. (Virginia)

Kane, Robert P. (Pennsylvania)

Levine, Jack J. (Pennsylvania)

Presser, Stefan (Pennsylvania)

Snavely, John T. (Pennsylvania)

Temin, Carolyn Engel (Pennsylvania)

Attorneys(s) for Defendant

Filipi, Francis R. (Pennsylvania)

Fisher, D. Michael (Pennsylvania)

Hart, Sarah Vandenbraak (Pennsylvania)

Knorr, John G. III (Pennsylvania)

Lerner, Benjamin (Pennsylvania)

Marks, Ronald J. (Pennsylvania)

Otto, Theodore G. III (Pennsylvania)

Smyser, J. Andrew (Pennsylvania)

Sturgis, Sherree L. (Pennsylvania)

Tufano, Paul A. (Pennsylvania)

Vandenbraak, Sarah B. (Pennsylvania)

Zimmerman, LeRoy S. (Pennsylvania)

Other Attorney(s)

Herwig, Barbara L. (District of Columbia)

Kostel, Mary E. (District of Columbia)

Loeb, Robert Mark (District of Columbia)

Markowitz, Jeffrey S. (District of Columbia)

Stiles, Michael R. (Pennsylvania)

Documents in the Clearinghouse

Document

71-01006

Docket (PACER)

Owens v. Murdock

Jan. 14, 2000

Jan. 14, 2000

Docket

70-02545

Docket (PACER)

Bracey v. Prasse

Jan. 14, 2000

Jan. 14, 2000

Docket

71-00513

Docket (PACER)

Ray v. Rundle

Jan. 14, 2000

Jan. 14, 2000

Docket

2:70-cv-03054

Docket

Imprisoned Citizens Union v. Johnson

Jan. 5, 2006

Jan. 5, 2006

Docket
85

2:70-cv-03054

Amended Complaint

May 8, 1972

May 8, 1972

Complaint
238

2:70-cv-03054

Stipulation

Dec. 20, 1977

Dec. 20, 1977

Order/Opinion
245

2:70-cv-03054

70-02545

71-01006

71-00513

Order

May 22, 1978

May 22, 1978

Order/Opinion
247

2:70-cv-03054

70-02545

71-01006

71-00513

Order

May 22, 1978

May 22, 1978

Order/Opinion
247

2:70-cv-03054

70-02545

71-01006

71-00513

Consent Decree

May 22, 1978

May 22, 1978

Order/Opinion
249

2:70-cv-03054

70-02545

71-01006

71-00513

Opinion

June 7, 1978

June 7, 1978

Order/Opinion

Resources

Docket

Last updated June 9, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link

PLFFS' MOTION FOR APPOINTMENT OF COUNSEL . (lm) (Entered: 11/20/1996)

March 3, 1971

March 3, 1971

2

MOTION OF ROBERT RAY, et al. FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND AFFIDAVITS THEREOF. (lm) (Entered: 11/20/1996)

July 14, 1971

July 14, 1971

3

ORDER THAT PLFS' MOTION TO PROCEED IN FORMA PAUPERIS IS GRANTED. 11/16/71 ENTERED AND COPIES MAILED. (lm) (Entered: 11/20/1996)

Nov. 16, 1971

Nov. 16, 1971

1

A. Complaint. (lm) (Entered: 11/20/1996)

Nov. 16, 1971

Nov. 16, 1971

Summons(es) exit. (lm) (Entered: 11/20/1996)

Nov. 16, 1971

Nov. 16, 1971

4

Amended complaint. (lm) (Entered: 11/20/1996)

Nov. 16, 1971

Nov. 16, 1971

5

Defts. MOTION FOR SUMMARY JUDGMENT , MEMORANDUM, & affidavit. (lm) (Entered: 11/20/1996)

Jan. 5, 1972

Jan. 5, 1972

6

Plffs' interrogatories. (lm) (Entered: 11/20/1996)

Feb. 18, 1972

Feb. 18, 1972

7

STIPULATION & ORDER EXTENDING TIME FOR DEFS. TO ANSWER TO 20 DAYS. (lm) (Entered: 11/20/1996)

Feb. 29, 1972

Feb. 29, 1972

8

Summons retruned "on 11/23/71 served on Rundle and Asst. Atty. Gen." (lm) (Entered: 11/20/1996)

April 10, 1972

April 10, 1972

9

STIPULATION & ORDER THAT DEFS. SHALL HAVE AN ADDITIONAL 14 DAYS FROM 4/6/72 TO ANSWER PLFS; INTERROGATORIES. (lm) (Entered: 11/20/1996)

April 12, 1972

April 12, 1972

10

Def's Answer to Interrogatories filed. (lm) (Entered: 11/20/1996)

April 18, 1972

April 18, 1972

11

Defs' Interrogatories to Plfs. (lm) (Entered: 11/20/1996)

April 28, 1972

April 28, 1972

12

MOTION AND STIPULATION TO CONSOLIDATE C.A. 71-513 AND C.A. 70-3054 . (lm) (Entered: 11/20/1996)

July 20, 1972

July 20, 1972

12

A. ORDER CONSOLIDATING C.A. 71-513 AND C.A. 70-3054. (lm) (Entered: 11/20/1996)

Aug. 3, 1972

Aug. 3, 1972

13

STIPULATION AND ORDER THAT DEFS' MOTION FOR SUMMARY JUDGMENT IS WITHDRAWN. (lm) (Entered: 11/20/1996)

Sept. 6, 1972

Sept. 6, 1972

14

STIPULATION & ORDER WITHDRAWING CERTAIN PARAGRAPHS IN PLFS' AMENDED COMPLAINT. (lm) (Entered: 11/20/1996)

Sept. 6, 1972

Sept. 6, 1972

15

ORDER THAT C.A. 70-3054, 71-513, 71-1006, 72-2060, 70-2545 CONSOLIDATE ACTIONS ARE LISTED FOR TRIAL WITHOUT JURY BEFORE CHIEF JUDGE LORD ON 10/9/73 AT 10 A.M. IN COURTROOM NO. 5, 8/22/73 ENTERED AND COPIES ALL USDC JUDGES, COUNSEL, ETC. BY CHAMBERS. (lm) (Entered: 11/20/1996)

Aug. 21, 1973

Aug. 21, 1973

16

Report of status report of 9/17/73. (lm) (Entered: 11/20/1996)

Sept. 18, 1973

Sept. 18, 1973

18

Pretrial Report: Trial set for 1/14/74, Lord, Ch.J. (lm) (Entered: 11/20/1996)

Jan. 4, 1974

Jan. 4, 1974

Non-Jury trial, trial, witnesses sworn (70-3054), (71-1006), (72-2060), (70-2545). (lm) (Entered: 11/20/1996)

Jan. 14, 1974

Jan. 14, 1974

Non jury trial resumes (70-3054), (71-1006), (72-2060), (70-2545). (lm) (Entered: 11/20/1996)

Jan. 15, 1974

Jan. 15, 1974

Trial resumes. (lm) (Entered: 11/20/1996)

Jan. 17, 1974

Jan. 17, 1974

Witnesses sworn. (70-3054). (71-1006), (72-2060), (70-2545). (lm) (Entered: 11/20/1996)

Jan. 18, 1974

Jan. 18, 1974

Case adjorned sine die, (70-3054), (71-1006), (72-2060), (70-2545). (lm) (Entered: 11/20/1996)

Jan. 22, 1974

Jan. 22, 1974

Transcript of trial first through sixth days (70-2545). (lm) (Entered: 11/20/1996)

April 5, 1974

April 5, 1974

19

Withdrawal of appearance of Bruce E. Endy and appearance of David L. Hill for plffs. (lm) (Entered: 11/20/1996)

April 22, 1974

April 22, 1974

20

Report of Status Report, Lord, Ch.J. (lm) (Entered: 11/20/1996)

May 24, 1974

May 24, 1974

Trial resumes. (lm) (Entered: 11/20/1996)

July 8, 1974

July 8, 1974

Trial resumes. (lm) (Entered: 11/20/1996)

July 9, 1974

July 9, 1974

Trial resumes. (lm) (Entered: 11/20/1996)

July 10, 1974

July 10, 1974

Transcript of testimony of 7/8/74. (70-2545) (lm) (Entered: 11/20/1996)

Sept. 10, 1974

Sept. 10, 1974

Transcript of testimony 7/9/74. (70-2545). (lm) (Entered: 11/20/1996)

Sept. 10, 1974

Sept. 10, 1974

Transcript of testimony of 7/10/74. (70-2545). (lm) (Entered: 11/20/1996)

Sept. 10, 1974

Sept. 10, 1974

ORDER that final argument be held on 10/11/74. (lm) (Entered: 11/20/1996)

Sept. 20, 1974

Sept. 20, 1974

Defts' proposed findings of fact and conclusions of law. (lm) (Entered: 11/20/1996)

Nov. 1, 1974

Nov. 1, 1974

Hearing: C.A.V. (lm) (Entered: 11/20/1996)

Nov. 4, 1974

Nov. 4, 1974

Transcript of final hearing of 11/4/74. (70-2545) (lm) (Entered: 11/20/1996)

Dec. 13, 1974

Dec. 13, 1974

ORDER THAT ALL COUNSEL OF RECORD ATTEND A CONFERENCE ON 2/27/75; 2/24/75 ENTERED AND COPIES MAILED. (lm) (Entered: 11/20/1996)

Feb. 21, 1975

Feb. 21, 1975

21

ORDER THAT CONFERENCE BE HELD ON 4/16/75 IN CHAMBERS. 4/10/75 ENTERED AND COPIES MAILED. (lm) (Entered: 11/20/1996)

April 9, 1975

April 9, 1975

Transcript of hearing re: objections to the proposed consent decree. (70-2545) (lm) (Entered: 11/20/1996)

April 29, 1975

April 29, 1975

23

ORDER THAT A CONFERENCE SHALL BE HELD ON 8/13/75; 8/5/75 ENTERED AND COPIES MAILED. (lm) (Entered: 11/20/1996)

Aug. 5, 1975

Aug. 5, 1975

24

ORDER THAT A CONFERENCE SHALL BE HELD ON 9/18/75; 9/10/75 ENTERED AND COPIES MAILED. (lm) (Entered: 11/20/1996)

Sept. 9, 1975

Sept. 9, 1975

24

Report of Status Report, Lord, Ch.J. (lm) (Entered: 11/20/1996)

Sept. 19, 1975

Sept. 19, 1975

25

Report of status report . (lm) (Entered: 11/20/1996)

Dec. 11, 1975

Dec. 11, 1975

26

Report of status report. (lm) (Entered: 11/20/1996)

Jan. 8, 1976

Jan. 8, 1976

27

MOTION OF GEORGE FEIGLEY TO AMEND SETTLEMENT , MEMORANDUM OF LAW, (70-3054). (lm) (Entered: 11/20/1996)

April 6, 1976

April 6, 1976

Proposed consent decree, (70-3054). (lm) (Entered: 11/20/1996)

April 7, 1976

April 7, 1976

Report of Status Report, Lord, Ch.J. (70-3054). (lm) (Entered: 11/20/1996)

April 27, 1976

April 27, 1976

MEMORANDUM, LORD, J. CH. J. (70-3054). 12/17/76 entered and copies mailed. (lm) Modified on 11/20/1996 (Entered: 11/20/1996)

Dec. 16, 1976

Dec. 16, 1976

ORDER DATED 12/15/76 THAT THE MOTION OF GEORGE FEIGLEY TO AMEND THE PROPOSED CONSENT DECREE IS DENIED, BUT THE SAID MOTION SHALL BE TREATED AS AN OBJECTION TO THE PROPOSED SETTLEMENT, (70-2545); 12/17/76 ENTERED AND COPIES MAILED. (lm) (Entered: 11/20/1996)

Dec. 16, 1976

Dec. 16, 1976

Appearance of John T.Snavely, Esq. for plff., (70-2545). (lm) (Entered: 11/20/1996)

Jan. 27, 1977

Jan. 27, 1977

Defts' brief in response to brief of amicus curiae in support of objections to proposed settlement (70-2545). (lm) (Entered: 11/20/1996)

Feb. 28, 1977

Feb. 28, 1977

Brief of Class plffs. in response to brief of amicus curiae in support of objections to proposed settlement and further response to brief of amicus curiae, (70-2545). (lm) (Entered: 11/20/1996)

April 19, 1977

April 19, 1977

ORDER THAT A CONFERENCE SHALL BE HELD ON 6/20/77 WITH ALL COUNSEL OF RECORD IN ATTENDANCE, (70-3054). 5/23/77 ENTERED AND COPIES MAILED. JL (lm) (Entered: 11/20/1996)

May 20, 1977

May 20, 1977

Report of Status Report, Lord, Ch.Jr. (70-3054). (lm) (Entered: 11/20/1996)

June 21, 1977

June 21, 1977

Imprisoned Citizens Union's objection to consent decree, (70-3054). (lm) (Entered: 11/20/1996)

July 26, 1977

July 26, 1977

ORDER THAT A CONFERENCE IS SCHEDULED FOR 9/23/77 AT 11:00 A.M. IN CHAMBERS 17614. 9/13/77 ENTERED AND COPIES MAILED. (lm) (Entered: 11/20/1996)

Sept. 12, 1977

Sept. 12, 1977

Report of Status Report, (70-3054). (lm) (Entered: 11/20/1996)

Oct. 11, 1977

Oct. 11, 1977

Appearance of Alan Davis, Amicus Curiae. (lm) (Entered: 11/20/1996)

Oct. 13, 1977

Oct. 13, 1977

Letter to Judge Lord dated 2/14/77 of the Commonwealth defts' motion to withdraw consent, (70-3054). (lm) (Entered: 11/20/1996)

Nov. 22, 1977

Nov. 22, 1977

ORDER FIXING HEARING FOR 2/24/78 AT 10:00 A.M.; 2/10/78 ENTERED AND COPIES MAILED. (lm) (Entered: 11/20/1996)

Feb. 9, 1978

Feb. 9, 1978

Hearing re: Approval of Consent Decree-witnesses sworn-C.A.V. (70-3054). (lm) (Entered: 11/20/1996)

Feb. 27, 1978

Feb. 27, 1978

STIPULATION & ORDER THAT IN SECTION VI, A (re: MAIL) OF THE PROPOSED CONSENT DECREE AT PP. 4-5 THE AMENDMENT OF ADMINISTRATIVE DIRECTIVE 803 AS STATED THEREIN WILL BE REVISED TO STRIKE THE WORDS "libelous or" FROM LINE 3 AND TO STRIKE THE ENTIRE LAST SENTENCE; THAT SECTION VII, D(1)(d) (re: PUBLICATIONS) OF THE PROPOSED CONSENT DECREEE AT P. 8 WILL BE STRICKEN; APPENDIX D OF PROPOSED CONSENT DECREE, PAGE 1, WILL BE AMENDED AT SECTION A, LAST SENTENCE; PARAGRAPH III OF PROPOSED CONSENT DECREE, PAGE 4 WILL BE STRICKEN, ETC., (70-3054) (JL) 5/22/78 ENTERED AND COPIES MAILED. (lm) (Entered: 11/20/1996)

May 22, 1978

May 22, 1978

ORDER THAT DEFTS. PROVIDE LAW LIBRARY IN PENNA. STATE CORRECTIONAL INSTITUTIONS AT GRATERFORD, DALLAS, HUNTINGDON, MUNCH, ROCKVIEW & PITTSBURGH WHICH MUST INCLUDE THE MATERIAL SPECIFIED IN STIPULATION ENTERED INTO BETWEEN PARTIES AND APPROVED BY COURT ON 12/20/77, DOCUMENT #238, (70-3054); 5/22/78 ENTERED AND COPIES MAILED. (lm) (Entered: 11/20/1996)

May 22, 1978

May 22, 1978

ORDER THAT COUNSEL REPORT TO CHAMBERS ON 5/26/78 TO DISCUSS STATUS OF THE CASES AND DISTRIBUTION OF THE CONSENT DECREE TO THE PLTF. CLASS (70-3054) (JL); 5/22/78 ENTERED AND COPIES MAILED. (lm) (Entered: 11/20/1996)

May 22, 1978

May 22, 1978

ORDER THAT PROPOSED CONSENT DECREE FIELD 4/8/78 IS APPROVED WITH MODIFICATIONS, IN THAT AMENDMENTS TO PROPOSED CONSENT DECREE CONTAINED IN STIPULATION OF PARTIES ENTERED INTO ON 5/15/78 & SECTION VIIC(1) IS STRICKEN AND REPLACED WITH NEW PROVISION, (70-3054) (JL); 5/22/78 ENTERED AND COPIES MAILED. (lm) (Entered: 11/20/1996)

May 22, 1978

May 22, 1978

CONSENT DECREE OF 4/8/76 IS APPROVED AS MODIFIED BY ORDER OF 5/22/78, (70-3054) (JL); 5/22/78 ENTERED AND COPIES MAILED. (lm) (Entered: 11/20/1996)

May 22, 1978

May 22, 1978

SETTLEMENT CONFERENCE HELD 5/26/78, LORD, CH.J. (lm) (Entered: 11/20/1996)

May 30, 1978

May 30, 1978

28

Report of settlement conference of 5/26/78, Lord, Ch.J. that all cases except 73-1227 & 78-524 are settled and finally resolved once opinion is filed, etc., (70-3054). (lm) (Entered: 11/20/1996)

May 30, 1978

May 30, 1978

MOTION OF DEFTS. FOR NEW TRIAL OR AMENDMENT OF JUDGMENT UNDER RULE 59 OF FRCP AS TO THE ISSUE OF THE USE BY DEFTS. OF THREE CELLS AT S.C.I. HUNTINGDON, NOTICE, MEMORANDUM OF LAW IN SUPPORT & CERTIFICATE OF SERVICE. (lm) (Entered: 11/20/1996)

June 7, 1978

June 7, 1978

OPINION, LORD, CH. J. (70-3054); 6/9/78 ENTERED AND COPIES MAILED. (lm) (Entered: 11/20/1996)

June 7, 1978

June 7, 1978

STIPULATION & ORDER DATED 8/2/78 THAT THE CONSENT DECREE IS AMENDED, ETC., (JL) 8/7/78 ENTERED AND COPIES MAILED. (lm) (Entered: 11/20/1996)

Aug. 7, 1978

Aug. 7, 1978

Defts' reply to pltfs' answer to defts' motion for new trial or amendment of judgment under Rule 59 of the Federal Rules of Civil Procedure as to the issue of the use by defts of three cells at S.C.I. Huntingdon, certificate of service. (70-3054) (lm) (Entered: 11/21/1996)

Aug. 31, 1978

Aug. 31, 1978

ORDER DATED 9/18/78 THAT ARGUMENT ON THE MOTION OF DEFTS FOR NEW TRIAL OR AMENDMENT OF JUDGMENT UNDER RULE 59 IS SCHEDULED FOR 9/22/78 AT 10:00 A.M. IN COURTROOM 17-A (70-3054); 9/19/78 ENTERED AND COPIES MAILED. (Clk.JL) (lm) (Entered: 11/21/1996)

Sept. 19, 1978

Sept. 19, 1978

ARGUMENT on the motion for new trial - further hearing is needed and will be scheduled (70-3054). (lm) (Entered: 11/21/1996)

Sept. 22, 1978

Sept. 22, 1978

ORDER dated 9/22/78 that hearing on the motion of defts for new trial or amendment of judgment under Rule 59 shall be had on 10/6/78 at 10:00 A.M. in Courtroom 17-A; 9/25/78 ENTERED AND COPIES MAILED. (Clk.JL) (lm) (Entered: 11/21/1996)

Sept. 22, 1978

Sept. 22, 1978

ORDER THAT A HEARING ON THE MOTION OF DEFTS' FOR NEW TRIAL OR AMENDMENT OF JUDGMENT UNDER Rule 59, etc., is scheduled for 10/27/78 at 10 am (70-3054). (lm) (Entered: 11/21/1996)

Oct. 16, 1978

Oct. 16, 1978

Hearing re: Deft's motion for new trial, etc., witnesses sworn, both sides rest & arge to the Court, C.A.V. (70-3054) (JL). (lm) (Entered: 11/21/1996)

Oct. 27, 1978

Oct. 27, 1978

DEFTS' MEMORANDUM IN OPPOSITION TO PLFFS' FORMER COUNSEL'S MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS & CERTIFICATION (70-2545). (lm) (Entered: 11/21/1996)

Dec. 11, 1978

Dec. 11, 1978

Petitioner's copy of complaint filed in the Western District of Pennsylvania, U.S. District Court (70-3054). (lm) (Entered: 11/21/1996)

Jan. 15, 1979

Jan. 15, 1979

PLFF'S MOTION FOR SUMMARY JUDGMENT AS TO ATTORNEY'S FEES AND AFFIDAVIT THEREOF. (lm) (Entered: 11/21/1996)

March 1, 1979

March 1, 1979

ORDER DATED 4/4/79 THAT THE PLFFS' MOTION FOR SUMMARY JUDGMENT AS TO ATTORNEY FEES SHALL BE HEARD ON 4/20/79 AT 2 P.M. (70-3054); 4/5/79 ENTERED AND COPIES MAILED. (JL) (lm) (Entered: 11/21/1996)

April 5, 1979

April 5, 1979

Jack J. Levine's proposed findings of fact and conclusions of law (70-3054). (lm) (Entered: 11/21/1996)

April 20, 1979

April 20, 1979

Argued sur: Plff's motion for summary judgment as to Attorney's fees, C.A.V. (70-3054). (lm) (Entered: 11/21/1996)

April 23, 1979

April 23, 1979

ORDER THAT THIS CASE AND ALL CASES CONSOLIDATED THEREWITH HAVING BEEN PENDING FOR OVER THREE YEARS, ETC., THE CLERK IS INSTRUCTED TO SUMIT A JS-6 FORM TO THE ADMINISTRATIVE OFFICE, ETC., (70-3054) (JL); 7/3/79 ENTERED AND COPIES MAILED. (lm) (Entered: 11/21/1996)

July 2, 1979

July 2, 1979

Case closed (kv) (Entered: 12/04/1996)

Sept. 11, 1979

Sept. 11, 1979

Petition of J. Andrew Smyser, Deputy Att'y Gen'l to withdraw appearance in behalf of defts' and appearance of Francis R. Filipi, Esq. on behalf of same; (70-3054). (lm) (Entered: 11/21/1996)

Sept. 19, 1979

Sept. 19, 1979

Defts' memorandum in opposition to Mr. Levine's motion concerning supplemental counsel fees pursuant to Rule 60(b) of the F.R.CIV.P., (70-3054). (lm) (Entered: 11/21/1996)

Dec. 17, 1979

Dec. 17, 1979

PLFFS' MOTION CONCERNING SUPPLEMENTAL COUNSEL FEES , NOTICE, MEMORANDUM IN SUPPORT, AFFIDAVIT OF JACK J. LEVINE, ESQ. (70-3054). (lm) (Entered: 11/21/1996)

Dec. 19, 1979

Dec. 19, 1979

STIPULATION & ORDER AMENDING THE LANGUAGE OF THE CONSENT DECREE, (70-3054); 1/9/80 ENTERED AND COPIES MAILED. (lm) (Entered: 11/21/1996)

Jan. 8, 1980

Jan. 8, 1980

JACK J. LEVINE'S MOTION FOR SUMMARY JUDGMENT AS TO SUPPLEMENTAL COUNSEL FEES, NOTICE & AFFIDAVIT IN SUPPORT (70-3054). (lm) (Entered: 11/21/1996)

Jan. 24, 1980

Jan. 24, 1980

ORDER THAT DEFTS' SHALL BE PERMITTED TO FILE THEIR RESPONSE TO MOTION FOR ISSUANCE OF ORDER TO SHOW CAUSE AND FOR CONTEMPT JUDGMENT ON 2/25/80. 2/1/80 ENTERED AND COPIES MAILED. (lm) (Entered: 11/21/1996)

Feb. 1, 1980

Feb. 1, 1980

ORDER THAT JACK LEVINE IS AWARDED SUPPLEMENTAL FEES IN THE AMOUNT OF $1250.00 PLUS $300 FEES AND COSTS, FOR A TOTAL AMOUNT OF $1550.00 (70-3054); 2/22/80 ENTERED AND COPIES MAILED. (lm) (Entered: 11/21/1996)

Feb. 22, 1980

Feb. 22, 1980

PLFFS' MOTION FOR ISSUANCE OF ORDER TO SHOW CAUSE AND FOR CONTEMPT JUDGMENT NOTICE, MEMORANDUM OF LAW, & CERTIFICATE OF SERVICE. (70-3054) (lm) (Entered: 11/21/1996)

Feb. 22, 1980

Feb. 22, 1980

Deft's brief in opposition to motion for issuance of order to show cause why defts should not be adjudged in contempt of the consent decree of this Court dated 5/22/78 (70-3054). (lm) (Entered: 11/21/1996)

March 2, 1980

March 2, 1980

Plffs supplemental memorandum in response to defts brief in opposition to motion for issuance of order to show cause why defts should not be adjudged in contempt (70-3054). (lm) (Entered: 11/21/1996)

April 8, 1980

April 8, 1980

Plffs' supplementary affidavits and exhibits in support of motion and proposed show cause order for contempt of consent decree (70-3054). (lm) (Entered: 11/21/1996)

June 20, 1980

June 20, 1980

Defts. demand for jury trial or pltfs motion to show cause for contempt (70-3054). (lm) (Entered: 11/21/1996)

July 15, 1980

July 15, 1980

ORDER FIXING 7/28/80 AT 10:00 A.M. FOR EVIDENTIARY HEARING. (lm) (Entered: 11/21/1996)

July 15, 1980

July 15, 1980

Case Details

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Nov. 4, 1970

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

unincorporated association composed of prisoners of the Commonwealth of Pennsylvania

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Pennsylvania Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1978 - 1998

Issues

General:

Access to lawyers or judicial system

Administrative segregation

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Bathing and hygiene

Disciplinary procedures

Disciplinary segregation

Education

Food service / nutrition / hydration

Grievance Procedures

Informed consent/involuntary medication

Law library access

Library (non-law) access

Mail

Personal injury

Recreation / Exercise

Rehabilitation

Restraints : chemical

Restraints : physical

Sanitation / living conditions

Search policies

Staff (number, training, qualifications, wages)

Strip search policy

Totality of conditions

Visiting

Crowding:

Crowding / caseload

Discrimination-basis:

Race discrimination

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run