Case: Tillery v. Owens

2:87-cv-01537 | U.S. District Court for the Western District of Pennsylvania

Filed Date: July 23, 1987

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On July 23, 1987, inmates filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Western District of Pennsylvania, challenging the constitutionality of the conditions of confinement at the State Correctional Institution at Pittsburgh ("SCIP") located in Pittsburgh, Pennsylvania (also referred to as the "Western Penitentiary"). SCIP was a maximum security walled prison that was built in 1882. The Complaint was amended on December 14, 1987 and sought declarat…

On July 23, 1987, inmates filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Western District of Pennsylvania, challenging the constitutionality of the conditions of confinement at the State Correctional Institution at Pittsburgh ("SCIP") located in Pittsburgh, Pennsylvania (also referred to as the "Western Penitentiary"). SCIP was a maximum security walled prison that was built in 1882. The Complaint was amended on December 14, 1987 and sought declaratory and injunctive relief, as well as class certification. Plaintiffs were represented by attorneys of the National Prison Project of the ACLU and the Neighborhood Legal Services Association.

On May 3, 1989, the District Court (Chief Judge Maurice B. Cohill, Jr.) conducted an unannounced four-hour tour of the SCIP facility. A six week bench trial began the next day and lasted from May 4 to June 8, 1989. Evidence presented at trial included the testimony of 42 witnesses and over 600 documents.

Following the trial, the District Court entered a very detailed Findings of Fact, Conclusions of Law and Opinion. Tillery v. Owens, 719 F.Supp. 1256 (W.D.Pa. 1989). Judge Cohill found that nearly every aspect of SCIP that was considered fell way below constitutional standards. The conditions were so severe, that he noted "we might very well order that SCIP be closed immediately; it is an overcrowded, unsanitary, and understaffed fire trap." Specifically, the Court held that defendants had failed to provide constitutionally adequate security, fire protection, sanitation, access to the courts, medical care, mental health care, and dental services. The Court also held that the SCIP was unconstitutionally overcrowded and ordered the elimination of double-celling. The defendants were ordered to submit remediation plans to correct the various deficiencies. In accordance with the Court's order, Lynette Norton was appointed Prison Monitor to oversee compliance by the Defendants. Defendants appealed. The Third Circuit Court of Appeals (Circuit Judge Sloviter) affirmed. Tillery v. Owens, 907 F.2d 418 (3rd Cir. 1990). The remediation phase followed.

As part of its remediation efforts, the SCIP submitted a plan to the Court for upgrades to the SCIP law libraries. The plan submitted proposing the establishment of mini law libraries in administrative segregation units of the SCIP (the RHU and Clinic)to contain the same publications approved for the class of death-sentenced inmates at Pittsburgh in Peterkin v. Jeffes, 1989 WL 140489 (E.D. Pa. November 14, 1989). The District Court rejected the plan and by its Order dated July 21, 1992, ordered the Commonwealth officials to purchase additional volumes for the mini law libraries, other than those ordered in Peterkin v. Jeffes. Defendants appealed that order. The Third Circuit affirmed. Tillery v. Owens, 993 F.2d 879 (3rd. Cir. Table 1993).

Remediation continued from 1993 to 1997, during which time the parties filed motions regarding implementation of plans to correct various conditions at the SCIP. According to the PACER docket, the Prison Monitor filed a total of seven reports with the Court. Following the last Monitor report of September 19, 1997, the District Court (Judge Maurice B. Cohill Jr.) denied all pending motions and ordered the case closed. Class member Kenneth Davenport appealed pro se. The Third Circuit dismissed his appeal for lack of legal merit.

No further case activity was noted on the PACER docket.

 

Summary Authors

Dan Dalton (3/13/2007)

Related Cases

Peterkin v. Jeffes, Eastern District of Pennsylvania (1983)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10543296/parties/tillery-v-owens/


Judge(s)

Cohill, Maurice Blanchard Jr. (Pennsylvania)

Attorney for Plaintiff

Antol, Michael S. (Pennsylvania)

Bronstein, Alvin J. (District of Columbia)

Attorney for Defendant

Benson, Kenneth J. (Pennsylvania)

Expert/Monitor/Master/Other

CHACKER, DEAN R. (Pennsylvania)

Documents in the Clearinghouse

Documents in this case

2:87-cv-01537

Docket (PACER)

March 18, 1999

March 18, 1999

Docket

2:87-cv-01537

Amended Complaint

Dec. 14, 1987

Dec. 14, 1987

Complaint

2:87-cv-01537

Order

Aug. 15, 1989

Aug. 15, 1989

Order/Opinion

2:87-cv-01537

Findings of Fact, Conclusions of Law and Opinion

Sept. 8, 1989

Sept. 8, 1989

Order/Opinion

719 F.Supp. 1256

89-03689

Opinion of the Court

U.S. Court of Appeals for the Third Circuit

June 29, 1990

June 29, 1990

Order/Opinion

907 F.2d 418

92-03492

Brief of Appellants (Appeal From the Order Dated July 21, 1992)

U.S. Court of Appeals for the Third Circuit

Nov. 10, 1992

Nov. 10, 1992

Pleading / Motion / Brief

92-03494

USCA Opinion

U.S. Court of Appeals for the Third Circuit

April 7, 1993

April 7, 1993

Order/Opinion

993 F.2d 879

92-03492

Opinion

U.S. Court of Appeals for the Third Circuit

April 14, 1993

April 14, 1993

Order/Opinion

993 F.2d 879

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10543296/tillery-v-owens/

Last updated July 13, 2026, 5:29 a.m.

ECF Number Date Description Link
293 Jan. 28, 1993

FOURTH REPORT OF Court Monitor. (femp) (Entered: 01/28/1993)

RECAP
294 March 26, 1993

MOTION by MAJOR TILLERY, VICTOR HASSINE, KENNETH DAVENPORT, WILLIAM GRANDISON, NELSON CHARLES MIKESELL, ELLIS W. MATTHEWS Jr. to establish a deadline for the submission of a remedial plan with Proposed Order. (femp) (Entered: 03/26/1993)

RECAP
295 April 5, 1993

ORDER, set Status Conference for 9:00 4/27/93 ( signed by Judge Maurice B. Cohill Jr. on 4/5/93 ) CM all parties of record. (femp) (Entered: 04/05/1993)

RECAP
296 April 12, 1993

RESPONSE by DAVID S. OWENS JR., GEORGE PETSOCK, ARNOLD SNITZER, ROBERT CASEY to [294-1] motion to establish a deadline for the submission of a remedial plan by plaintiff (femp) (Entered: 04/12/1993)

RECAP
297 April 28, 1993

Status Conference held 4/27/93 before Judge Cohill. [ Reporter: NONE ] (femp) (Entered: 04/28/1993)

RECAP
298 May 10, 1993

Certified copy of JUDGMENT issued in lieu of a formal mandate on 5/6/93 received from USCA that the judgment of the District Court is affirmed and costs taxed against appellants. (femp) (Entered: 05/10/1993)

RECAP
May 10, 1993

ORIGINAL RECORD RECEIVED FROM USCA. (femp)

299 May 14, 1993

Information sheet from USCA.that an order was filed on 5/11/93 staying the issuance of the Mandate to 6/1/93 pending the filing of a petition for writ of certiorari in the Supreme Court of the United States. (aen) (Entered: 05/14/1993)

RECAP
300 May 25, 1993

MOTION by DAVID S. OWENS JR., GEORGE PETSOCK, ARNOLD SNITZER, ROBERT CASEY to approve remaining fire safety issues with Proposed Order. (femp) (Entered: 05/25/1993)

RECAP
301 May 27, 1993

RESPONSE by MAJOR TILLERY, VICTOR HASSINE, KENNETH DAVENPORT, WILLIAM GRANDISON, NELSON CHARLES MIKESELL, ELLIS W. MATTHEWS Jr. to [300-1] motion to approve remaining fire safety issues by ROBERT CASEY, ARNOLD SNITZER, GEORGE PETSOCK, DAVID S. OWENS JR. (femp) (Entered: 05/27/1993)

RECAP
302 June 2, 1993

NOTICE TO COUNSEL THAT A Hearing on Motion re: [300-1] motion to approve remaining fire safety issues by ROBERT CASEY, ARNOLD SNITZER, GEORGE PETSOCK, DAVID S. OWENS JR. set for 9:00 6/17/93, [294-1] motion to establish a deadline for the submission of a remedial plan by plaintiff set for 9:00 6/17/93 (femp) (Entered: 06/02/1993)

RECAP
303 June 9, 1993

MEMORANDUM OPINION AND Certified copy of JUDGMENT issued in lieu of a formal mandate received from USCA that on consideration whereof, it is now here ordered and adjudged by the court that the judgment of the D.C. entered 7/22/92, is Affirmed and costs taxed against appellants. (femp) (Entered: 06/09/1993)

RECAP
304 July 16, 1993

MOTION to Adjudicate Medical Claim Pro Hac Vice for the Resaon Irreparable Injury Will Result by ANDRE CALHOUN, member of the class. (jsp) (Entered: 07/16/1993)

RECAP
305 Aug. 3, 1993

AFFIDAVIT of Andre Calhoun in support of [304-1] motion to Adjudicate Medical Claim Pro Hac Vice for the Resaon Irreparable Injury Will Result by Andre Calhoun, member of the class (jsp) (Entered: 08/03/1993)

RECAP
306 Sept. 20, 1993

MOTION by DAVID S. OWENS JR., GEORGE PETSOCK, ARNOLD SNITZER, ROBERT CASEY to approve assistance for leagal access for illiterate non-capital RHU Inmates with Proposed Order. (jhi) (Entered: 09/20/1993)

RECAP
307 Sept. 28, 1993

MOTION by MAJOR TILLERY, VICTOR HASSINE, KENNETH DAVENPORT, WILLIAM GRANDISON, NELSON CHARLES MIKESELL requesting permission to file a plan to provide legal access to segregated illiterate prisoners and the convening og evidentiary hearing prio to the adoption of a plan with Proposed Order. (jhi) (Entered: 09/28/1993)

RECAP
308 Sept. 28, 1993

OBJECITONS to State's plan to provide legal access to segregated illeterate prisoners of SCT Pittsburgh. (jhi) (Entered: 09/28/1993)

RECAP
Oct. 21, 1993

ORDER upon motion granting [307-1] motion requesting permission to file a plan to provide legal access to segregated illiterate prisoners and the convening og evidentiary hearing prio to the adoption of a plan ( signed by Judge Maurice B. Cohill Jr. on 10/21/92 ) CM all parties of record. (jhi)

309 Dec. 9, 1993

AFFIDAVIT of PURCELL BRONSON by PURCELL BRONSON. (jsp) (Entered: 12/09/1993)

RECAP
310 Dec. 21, 1993

ORDER, Motion Hearing set for 9:00 1/10/94 for [300-1] motion to approve remaining fire safety issues ( signed by Judge Maurice B. Cohill Jr. on 12/21/93 ) CM all parties of record. (jhi) (Entered: 12/21/1993)

RECAP
311 Dec. 22, 1993

MOTION by KENNETH DAVENPORT for Writ of Habeas Copus Ad Testificandum with Proposed Order. (jhi) (Entered: 12/22/1993)

RECAP
312 Dec. 22, 1993

MOTION by MAJOR TILLERY for Writ, for Writ of Habeas Corpus Ad Testificandum with Proposed Order. (jhi) (Entered: 12/22/1993)

RECAP
313 Dec. 27, 1993

MOTION by DAVID S. OWENS JR., GEORGE PETSOCK, ARNOLD SNITZER, ROBERT CASEY to Withdraw [306-1] motion to approve assistance for leagal access for illiterate non-capital RHU Inmates by ROBERT CASEY, ARNOLD SNITZER, GEORGE PETSOCK, DAVID S. OWENS JR. with Proposed Order. (jhi) (Entered: 12/27/1993)

RECAP
Dec. 27, 1993

ORDER upon motion granting [313-1] motion to Withdraw [306-1] motion to approve assistance for leagal access for illiterate non-capital RHU Inmates by ROBERT CASEY, ARNOLD SNITZER, GEORGE PETSOCK, DAVID S. OWENS JR. ; Amended plain is due before 3/1/94, Hearing set for 1/31/94 is CONTINUED. ( signed by Judge Maurice B. Cohill Jr. on 12/27/93 ) CM all parties of record. (jhi)

314 Dec. 28, 1993

JOINT MOTION by MAJOR TILLERY, VICTOR HASSINE, KENNETH DAVENPORT, WILLIAM GRANDISON, NELSON CHARLES MIKESELL, ELLIS W. MATTHEWS Jr., DAVID S. OWENS JR., GEORGE PETSOCK, ARNOLD SNITZER, ROBERT CASEY to postpone fire saftey hearing to 1/31/94 with Proposed Order. (jhi) (Entered: 12/28/1993)

RECAP
315 Jan. 5, 1994

ORDER, Motion Hearing set for 9:00 1/31/94 for [314-1] joint motion to postpone fire saftey hearing to 1/31/94 ( signed by Judge Maurice B. Cohill Jr. on 1/5/94 ) CM all parties of record. (jhi) (Entered: 01/05/1994)

RECAP
316 Jan. 14, 1994

MOTION by KENNETH DAVENPORT for Writ of Habeas Corpus ad testificandum with Proposed Order. (jhi) (Entered: 01/14/1994)

RECAP
317 Jan. 14, 1994

MOTION by MAJOR TILLERY for Writ of Habeas Corpus ad testificandum with Proposed Order. (jhi) (Entered: 01/14/1994)

RECAP
318 Jan. 18, 1994

WRIT of H.C.A.T. returned UNEXECUTED (jhi) (Entered: 01/18/1994)

RECAP
319 Jan. 18, 1994

WRIT of H.C.A.T. returned UNEXECUTED (jhi) (Entered: 01/18/1994)

RECAP
Jan. 18, 1994

ORDER upon motion granting [316-1] motion for Writ of Habeas Corpus ad testificandum ; Writ Issued for 1/31/94 at 9:00am ( signed by Judge Maurice B. Cohill Jr. on 1/19/94 ) CM all parties of record. (jhi)

Jan. 19, 1994

ORDER upon motion granting [317-1] motion for Writ of Habeas Corpus ad testificandum; Writ issued for 1/31/94 at 9:00am ( signed by Judge Maurice B. Cohill Jr. on 1/19/94 ) CM all parties of record. (jhi)

320 Jan. 24, 1994

PETITION for writ of habeas corpus ad Testificandum for Mr. Fred Burton with proposed order. (rvb) (Entered: 01/24/1994)

RECAP
321 Jan. 24, 1994

PETITION for writ of habeas corpus ad testificandum for Mr. Calvin Williams with proposed order. (rvb) (Entered: 01/24/1994)

RECAP
Jan. 25, 1994

ORDER upon motion granting [320-1] petition, writ issued for 1/31/94 at 9:00am ( signed by Judge Maurice B. Cohill Jr. on 1/24/94 ) CM all parties of record. (jhi)

Jan. 25, 1994

ORDER upon motion granting [321-1] petition, writ issued for 1/31/94 at 9:00am. ( signed by Judge Maurice B. Cohill Jr. on 1/31/94 ) CM all parties of record. (jhi)

322 Jan. 26, 1994

AMENEDED MOTION by DAVID S. OWENS JR., GEORGE PETSOCK, ARNOLD SNITZER, ROBERT CASEY to approve remaining fire saftey issues in north and south blocks with Proposed Order. (jhi) (Entered: 01/26/1994)

RECAP
323 Jan. 31, 1994

Status Conference held1/31/94 on fire saftey before Judge Maurice B. Cohill Jr. [ Reporter: R.Ford ] (jhi) (Entered: 01/31/1994)

RECAP
Jan. 31, 1994

ORDER upon motion granting [322-1] motion to approve remaining fire saftey issues in north and south blocks ( signed by Judge Maurice B. Cohill Jr. on 1/31/94 ) CM all parties of record. (jhi)

324 Feb. 2, 1994

WRIT of HCAT returned executed on 1/31/94 (Calvin Williams) (jhi) (Entered: 02/02/1994)

RECAP
325 Feb. 2, 1994

WRIT of HCAT returned executed on 1/31/94 (Fred Burton) (jhi) (Entered: 02/02/1994)

RECAP
326 Feb. 2, 1994

WRIT of HCAT returned executed on 1/31/94 (Kenneth Davenport) (jhi) (Entered: 02/02/1994)

RECAP
327 Feb. 2, 1994

WRIT of HCAT returned executed on 1/31/94 (Major Tillery) (jhi) (Entered: 02/02/1994)

RECAP
328 March 1, 1994

FIFTH REPORT of Court Monitor. (tt) (Entered: 03/01/1994)

RECAP
329 April 7, 1994

WRIT OF HABEAS CORUPUS AD TESITIFICANDUM returned executed 1/31/94. (jhi) Modified on 04/08/1994 (Entered: 04/08/1994)

RECAP
330 April 14, 1994

MOTION by DAVID S. OWENS JR., GEORGE PETSOCK, ARNOLD SNITZER, ROBERT CASEY to approve plan to establish paging system and legal research program with Proposed Order. (jhi) (Entered: 04/14/1994)

RECAP
331 April 18, 1994

MOTION by DAVID S. OWENS JR., GEORGE PETSOCK, ARNOLD SNITZER, ROBERT CASEY to approve amended plan for assistance for leagal access for illiterate non-capital rhu inmates with Proposed Order. (jhi) (Entered: 04/18/1994)

RECAP
332 May 2, 1994

OBJECTIONS to the State'e amended plan to provide legal acces to segregated illiterate prisoners of the State Correctional Institution at Pittsburgh by the Plaintiffs. (jhi) (Entered: 05/02/1994)

RECAP
333 May 11, 1994

MOTION by DAVID S. OWENS JR., GEORGE PETSOCK, ARNOLD SNITZER, ROBERT CASEY to approve corected plan to establish a comprehesive paging system and legal research program fro non -capital inmates confined in the restricitve housing unit of the State Correctional Institution at Pittsburgh with Proposed Order. (jhi) (Entered: 05/11/1994)

RECAP
334 May 13, 1994

MOTION by DEAN R. CHACKER for Hearing on Order . (jsp) (Entered: 05/13/1994)

RECAP
335 May 13, 1994

MOTION by DEAN R. CHACKER for Order to Compely with Court Order in Effect May 11, 1994 . (jsp) (Entered: 05/13/1994)

RECAP
May 16, 1994

ORDER upon motion granting [333-1] motion to approve corected plan to establish a comprehesive paging system and legal research program fro non -capital inmates confined in the restricitve housing unit of the State Correctional Institution at Pittsburgh ( signed by Judge Maurice B. Cohill Jr. on 5/13/94 ) CM all parties of record. (rvb)

336 May 19, 1994

ORDER denying [334-1] motion for Hearing on Order denying [335-1] motion for Order to Compely with Court Order in Effect May 11, 1994 ( signed by Judge Maurice B. Cohill Jr. on 5/18/94 ) CM all parties of record. (jhi) (Entered: 05/19/1994)

RECAP
337 June 27, 1994

MOTION by MAJOR TILLERY, VICTOR HASSINE, KENNETH DAVENPORT, WILLIAM GRANDISON, NELSON CHARLES MIKESELL, ELLIS W. MATTHEWS Jr. for Attorney Fees with Proposed Order. (jhi) Modified on 08/22/1994 (Entered: 06/27/1994)

RECAP
338 July 15, 1994

MOTION by MAJOR TILLERY, VICTOR HASSINE, KENNETH DAVENPORT, WILLIAM GRANDISON, NELSON CHARLES MIKESELL, ELLIS W. MATTHEWS Jr. seeking enforcement of a Court Order with Proposed Order. (jhi) (Entered: 07/15/1994)

RECAP
339 July 20, 1994

ORDER, Response to Motion reset to 8/19/94 for [337-1] motion for Attorney Fees ( signed by Judge Maurice B. Cohill Jr. on 7/20/94 ) CM all parties of record. (jhi) (Entered: 07/20/1994)

RECAP
340 Aug. 16, 1994

RESPONSE by DAVID S. OWENS JR., GEORGE PETSOCK, ARNOLD SNITZER, ROBERT CASEY to [338-1] motion seeking enforcement of a Court Order by ELLIS W. MATTHEWS Jr., NELSON CHARLES MIKESELL, WILLIAM GRANDISON, KENNETH DAVENPORT, VICTOR HASSINE, MAJOR TILLERY (jhi) (Entered: 08/16/1994)

RECAP
341 Aug. 19, 1994

NOTICE by Prcell Bronson removing himself from class of plaintiffs. (jhi) (Entered: 08/19/1994)

RECAP
342 Aug. 22, 1994

Stipulation by MAJOR TILLERY, VICTOR HASSINE, KENNETH DAVENPORT, WILLIAM GRANDISON, NELSON CHARLES MIKESELL, ELLIS W. MATTHEWS Jr., DAVID S. OWENS JR., GEORGE PETSOCK, ARNOLD SNITZER, ROBERT CASEY Withdrawing [337-1] motion for Attorney Fees by plaintiffs with proposed order. (jhi) (Entered: 08/22/1994)

RECAP
343 Sept. 16, 1994

MOTION by DAVID S. OWENS JR., GEORGE PETSOCK, ARNOLD SNITZER, ROBERT CASEY to approve second amended plan for assistance for legal access for illiterate non-capital Rhu Inmates with Proposed Order. (jhi) (Entered: 09/16/1994)

RECAP
344 Sept. 29, 1994

OBJECTIONS to State's second amended plain to provide legal access to segregated illiterate prisoners of the state correctional institution at Pittsburgh by Plaintiffs (jhi) (Entered: 09/29/1994)

RECAP
345 Nov. 16, 1994

ORDER, that parties devise a plan in re: motion to approve second amended plan for assistance ( signed by Judge Maurice B. Cohill Jr. on 11/16/94 ) CM all parties of record. (jhi) (Entered: 11/16/1994)

RECAP
346 Nov. 25, 1994

MOTION by MAJOR TILLERY, et al to Extend Time with Proposed Order. (jhi) (Entered: 11/25/1994)

RECAP
Nov. 29, 1994

ORDER upon motion granting [346-1] motion to Extend Time until 1/19/95 to submit a plan for provision of meaningful legal access to non-capital inmates ( signed by Judge Maurice B. Cohill Jr. on 11/29/94 ) CM all parties of record. (jhi)

347 Jan. 19, 1995

NOTICE to provide meaningful legal access to segregated illiterate prisoners of SCI Pittsburgh by ELLIS W. MATTHEWS Jr., NELSON CHARLES MIKESELL, WILLIAM GRANDISON, KENNETH DAVENPORT, VICTOR HASSINE, MAJOR TILLERY (jhi) (Entered: 01/19/1995)

RECAP
April 11, 1995

Hearing on Motion re: [338-1] motion seeking enforcement of a Court Order by MAJOR TILLERY, VICTOR HASSINE, KENNETH DAVENPORT, WILLIAM GRANDISON, NELSON CHARLES MIKESELL, ELLIS W. MATTHEWS Jr. set for 9:00 4/28/95, [331-1] motion to approve amended plan for assistance for leagal access for illiterate non-capital rhu inmates by DAVID S. OWENS JR., GEORGE PETSOCK, ARNOLD SNITZER, ROBERT CASEY set for 9:00 4/28/95 (emc)

348 June 19, 1995

ORDER, Set Hearing on a compromise plan regarding Assistance for Legal Access for Illiterate Non-Capital RHU Inmates at the State Correctional Institution at Pittsburgh for 10:00 7/19/95 ( signed by Judge Maurice B. Cohill Jr. on 6/19/95 ) CM all parties of (emc) (Entered: 06/19/1995)

RECAP
349 June 23, 1995

ORDER denying [338-1] motion seeking enforcement of a Court Order ( signed by Judge Maurice B. Cohill Jr. on 6/23/95 ) CM all parties of record. (emc) (Entered: 06/23/1995)

RECAP
350 June 30, 1995

Sixth Report of Court Monitor. (emc) (Entered: 06/30/1995)

RECAP
351 July 18, 1995

ORDER that the Status Conference set for 7/19/95 has been postponed until further notice at the request of the Court Monitor. ( signed by Judge Maurice B. Cohill Jr. on 7/18/95 ) CM all parties of record. (emc) (Entered: 07/18/1995)

RECAP
July 18, 1995

Deadline updated; terminated Status Conference deadline (emc)

352 July 26, 1995

Hearing on Motion re: [343-1] motion to approve second amended plan for assistance for legal access for illiterate non-capital Rhu Inmates by DAVID S. OWENS JR., GEORGE PETSOCK, ARNOLD SNITZER, ROBERT CASEY set for 9:00 8/15/95 (emc) (Entered: 07/26/1995)

RECAP
353 Aug. 15, 1995

Conference of Conference held 8/15/95 before Judge Maurice B. Cohill Jr. [ Reporter: none ] (emc) (Entered: 08/15/1995)

RECAP
354 Aug. 15, 1995

ORDER that the parties shall, no later than 4:30 p.m. on 9/15/95, either report their final compromise to the Court or file their proposed plans after which the Court will schedule a hearing in the matter. ( signed by Judge Maurice B. Cohill Jr. on 8/15/95 ) CM all parties of record. (emc) (Entered: 08/15/1995)

RECAP
355 Sept. 14, 1995

MOTION by DAVID S. OWENS JR., GEORGE PETSOCK, ARNOLD SNITZER, ROBERT CASEY for Relief from Doublecelling with Proposed Order. (emc) (Entered: 09/14/1995)

RECAP
356 Sept. 15, 1995

ORDER, Response to Motion set to 9/29/95 for [355-1] motion for Relief from Doublecelling ( signed by Judge Maurice B. Cohill Jr. on 9/14/95 ) CM all parties of record. (emc) (Entered: 09/15/1995)

RECAP
357 Sept. 15, 1995

MOTION by DAVID S. OWENS JR., GEORGE PETSOCK, ARNOLD SNITZER, ROBERT CASEY to Approve Third Amended Plan for Assistance for Legal Access for Illiterate Non-Capital RHU Inmates with Proposed Order. (emc) (Entered: 09/15/1995)

RECAP
358 Sept. 18, 1995

ORDER that the response due 9/15/95 relating to legal assistance to illiterate RHU inmates shall be filed on or before 10/10/95 because of the conflicting trial schedules of the attorneys for the parties ( signed by Judge Maurice B. Cohill Jr. on 9/18/95 ) CM all parties of record. (emc) (Entered: 09/18/1995)

RECAP
359 Sept. 29, 1995

RESPONSE by MAJOR TILLERY, VICTOR HASSINE, KENNETH DAVENPORT, WILLIAM GRANDISON, NELSON CHARLES MIKESELL, ELLIS W. MATTHEWS Jr. to [355-1] motion for Relief from Doublecelling by ROBERT CASEY, ARNOLD SNITZER, GEORGE PETSOCK, DAVID S. OWENS JR. (emc) (Entered: 09/29/1995)

RECAP
360 Oct. 3, 1995

ORDER, Set Status Conference for 10:30 10/20/95 ( signed by Judge Maurice B. Cohill Jr. on 10/3/95 ) CM all parties of record. (emc) (Entered: 10/04/1995)

RECAP
361 Oct. 24, 1995

NOTICE rescheduling Hearing for 11/16/95 at 10:00 a.m. before Judge Cohill (emc) (Entered: 10/24/1995)

RECAP
362 Oct. 30, 1995

NOTICE Resetting Hearing for 10:00 11/21/95 before Judge Cohill (emc) (Entered: 10/30/1995)

RECAP
363 Nov. 7, 1995

ORDER that a Writ of HCAT be issued to bring Kenneth Davenport to the Federal Courthouse on 11/8/95 a 9:30 a.m. for the purpose of participating in a hearing before Judge Cohill ( signed by Judge Maurice B. Cohill Jr. on 11/7/95 ) CM all parties of record. (emc) (Entered: 11/07/1995)

RECAP
Nov. 7, 1995

WRIT of HCAT issued. (emc)

364 Nov. 9, 1995

Hearing on Double Celling held 11/8/95 before Judge Maurice B. Cohill Jr. [ Reporter: C. Vogel ] (emc) (Entered: 11/09/1995)

RECAP
365 Nov. 13, 1995

MOTION by MAJOR TILLERY, VICTOR HASSINE, KENNETH DAVENPORT, WILLIAM GRANDISON, NELSON CHARLES MIKESELL, ELLIS W. MATTHEWS Jr. that Pittsburgh Superintendent Gregory White be Held in Contempt of Court, that the Defendants be Required to Comply with this Court's Remedial Decree Related to the Storage of Personal Property in the North and South Cell Blocks, and other Relief with Proposed Order. (emc) (Entered: 11/13/1995)

RECAP
366 Nov. 15, 1995

WRIT of HCAT returned executed on 11/7/95 (emc) (Entered: 11/16/1995)

RECAP
367 Nov. 17, 1995

ORDER that the Clerk issue a Writ of HCAT to bring Kenneth Davenport to Court in Pittsburgh on 11/21/95 at 9:30 a.m. for the purpose of participating in a hearing in this case. ( signed by Judge Maurice B. Cohill Jr. on 11/17/95 CM all parties of record. (emc) (Entered: 11/17/1995)

RECAP
368 Nov. 17, 1995

ORDER, Response to Motion set to 12/1/95 for [365-1] motion that Pittsburgh Superintendent Gregory White be Held in Contempt of Court, set to 12/1/95 for [365-2] motion that the Defendants be Required to Comply with this Court's Remedial Decree Related to the Storage of Personal Property in the North and South Cell Blocks, and other Relief ( signed by Judge Maurice B. Cohill Jr. on 11/17/95 ) CM all parties of record. (emc) (Entered: 11/17/1995)

RECAP
369 Nov. 17, 1995

PROTECTIVE ORDER that plaintiff's counsel will be permitted to review the mental health records of designated inmates at SCI Pittsburgh for the sole purpose of the pending motion to resume involuntary double celling. Plaintiff's counsel is not to disclose the contents of those records to anyone without further order of court ( signed by Judge Maurice B. Cohill Jr. on 11/17/95) CM all parties of record. (emc) (Entered: 11/17/1995)

RECAP
Nov. 17, 1995

WRIT of HCAT issued. (emc)

370 Nov. 21, 1995

ORDER that a writ of habeas corpus ad testificandum is hereby issued directing SCIP Superintendent Gregory White & U.S. Marshal for the Western District of PA to bring Kenneth Davenport to the Courthouse no later than 9:00 a.m. 11/27/95 to attend a hearing in this case ( signed by Judge Maurice B. Cohill Jr. on 11/21/95 CM all parties of record. (emc) (Entered: 11/21/1995)

RECAP
Nov. 21, 1995

WRIT of HCAT issued. (emc)

371 Nov. 24, 1995

WRIT of habeas corpus ad testificandum as to Kenneth Davenort returned executed on 11/21/95 (crw) (Entered: 11/24/1995)

RECAP
372 Nov. 27, 1995

Hearing on Motion held 11/21/95 & 11/27/95 re: [355-1] motion for Relief from Doublecelling by ROBERT CASEY, ARNOLD SNITZER, GEORGE PETSOCK, DAVID S. OWENS JR. [ Reporter: C. Vogel] (emc) (Entered: 11/27/1995)

RECAP
373 Dec. 4, 1995

ORDER denying [343-1] motion to approve second amended plan for assistance for legal access for illiterate non-capital Rhu Inmates, denying [331-1] motion to approve amended plan for assistance for leagal access for illiterate non-capital rhu inmates both without prejudice, and setting Status Conference for 9:30 12/14/95 ( signed by Judge Maurice B. Cohill Jr. on 12/4/95 ) CM all parties of record. (rvb) (Entered: 12/05/1995)

RECAP
374 Dec. 7, 1995

WRIT of HCAT returned executed on 11/27/95 (emc) (Entered: 12/07/1995)

RECAP
375 Dec. 12, 1995

RESPONSE by DAVID S. OWENS JR., GEORGE PETSOCK, ARNOLD SNITZER, ROBERT CASEY to [365-1] motion that Pittsburgh Superintendent Gregory White be Held in Contempt of Court by ELLIS W. MATTHEWS Jr., NELSON CHARLES MIKESELL, WILLIAM GRANDISON, KENNETH DAVENPORT, VICTOR HASSINE, MAJOR TILLERY (emc) (Entered: 12/12/1995)

RECAP
376 Dec. 12, 1995

OBJECTIONS to the State's Third Amended Plan to Provide Legal Access to Segregated Illiterate Prisoners by MAJOR TILLERY, VICTOR HASSINE, KENNETH DAVENPORT, WILLIAM GRANDISON, NELSON CHARLES MIKESELL, W. MATTHEWS Jr. (emc) (Entered: 12/12/1995)

RECAP
377 Dec. 14, 1995

Status Conference held 12/14/95 before Judge Maurice B. Cohill Jr. [Reporter: none] (emc) (Entered: 12/14/1995)

RECAP

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 23, 1987

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All inmates confined at the State Correctional Institution at Pittsburgh. (SCIP)

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Pennsylvania Department of Corrections

State Correctional Institution at Pittsburgh

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Other Dockets:

Western District of Pennsylvania 2:87-cv-01537

U.S. Court of Appeals for the Third Circuit 92-03492

U.S. Court of Appeals for the Third Circuit 89-03689

U.S. Court of Appeals for the Third Circuit 92-03494

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1987 - 1997

Issues

General/Misc.:

Access to lawyers or judicial system

Bathing and hygiene

Fire safety

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by non-staff (facilities)

Crowding (General)

Law library access

Library (non-law) access

Recreation / Exercise

Medical/Mental Health Care:

Dental care

Medical care, general

Medication, administration of

Mental health care, general

Recommended Citation