Case: Banks v. Beard

2:01-cv-01956 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Oct. 18, 2001

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On October 18, 2001, acting pro se, a prisoner in one of Pennsylvania's Long Term Segregation prison settings filed a complaint against the state's prison administrator in the U.S. District Court for the Western District of Pennsylvania, also seeking class action status for the case. Private counsel entered the case on plaintiff's behalf. On February 22, 2002, U.S. Magistrate Judge Kenneth J. Benson certified the case as a class action, defining the class as "current and future Phase 2 Long T…

On October 18, 2001, acting pro se, a prisoner in one of Pennsylvania's Long Term Segregation prison settings filed a complaint against the state's prison administrator in the U.S. District Court for the Western District of Pennsylvania, also seeking class action status for the case. Private counsel entered the case on plaintiff's behalf. On February 22, 2002, U.S. Magistrate Judge Kenneth J. Benson certified the case as a class action, defining the class as "current and future Phase 2 Long Term Segregation inmates who are confined or will be confined in Pennsylvania Department of Corrections prisons located within the venue of the Western Federal Judicial District of Pennsylvania." Prisoners in Long Term Segregation are those, typically, who have been expelled from Special Management Units for failure to modify their behavior. Plaintiff's complaint sought declaratory and injunctive relief to modify the state prison administrative policies which denied to Long Term Segregation residents (in the most restrictive phase, Phase 2, of the program) all access to secular magazines and newspapers and to personal photographs. Under prison policy, these prisoners were allowed to have religious and law-related publications, but had to earn (through modified behavior) Level 1 classification status, which provided them the ability to have secular publications and personal photographs in their cells. Plaintiff, in his 42 U.S.C. § 1983-based lawsuit, asserted that his First and Fourteenth Amendment rights had been violated by the state's policy, which even precluded his receiving his subscription to the Christian Science Monitor newspaper.

The defendants contended their policy served legitimate penological purposes (behavior modification, rehabilitation, security, and safety), all of which were especially important in dealing with prisoners identified as particularly incorrigible. After discovery was completed, the parties filed cross-motions for summary judgment in September of 2002. On November 15, 2002, U.S. Magistrate Judge Robert C. Mitchell recommended granting summary judgment in favor of the prison officials. In a January 10, 2003, unpublished order, District Judge Terrence F. McVerry adopted the magistrate's decision. The district court concluded that the state's policy did not offend the First Amendment, as the policy was rationally related to legitimate penological interests and was not an exaggerated response, in view of the particular intractability of Level 2 prisoners. Plaintiffs appealed.

On February 25, 2005, a panel of the U.S. Court of Appeals for the Third Circuit reversed the district court. Banks v. Beard, 399 F.3d 134 (3d Cir. 2005) (Circuit Judge Julio M. Fuentes). The panel's 2-1 decision found that the blanket prohibition on secular publications and photographs could not be upheld, in view of the possibly limitless length of a prisoner's administrative assignment to Phase 2 status and the absence of proof by the state that the problems it sought to avoid by its policy had existed, would exist without it, or could not be avoided by less restrictive alternative policies. The state's "hope" that its' policy successfully aided behavior modification rehabilitation had not been supported with evidence, in the context of the case. Judge Fuentes also observed that, because these prisoners had no alternative means to access the information, the state's justification for its policy would have to be especially weighty. The state's security concerns did not impress the panel majority, however, since other means of mischief were readily available to these prisoners so that denial of First Amendment access to information did not appreciably increase prison security. Then-Circuit Judge Samuel A. Alito, Jr., dissented, contending the majority had failed to accord sufficient deference to prison administrators and misapplied U.S. Supreme Court precedent.

Pennsylvania sought certiorari, hoping that the Supreme Court would review the Third Circuit's decision. On November 14, 2005, the Supreme Court agreed to review the case. Beard v. Banks, 546 U.S. 1015 (2005). In addition to briefs from the parties, the ACLU, the ACLU of Pennsylvania, The Legal Aid Society, the People for the American Way Foundation, the American Friends Service Committee, and California Prison Focus, and the United States filed amicus curiae briefs with the Court. Additionally, counsel from the Pennsylvania Institutional Law Project represented plaintiff at the Supreme Court.

On June 28, 2006, the U.S. Supreme Court reversed the Third Circuit's ruling. Beard v. Banks, 548 U.S. 521 (2006) (Stephen G. Breyer, Justice). In a plurality opinion, Justice Breyer concluded that, with the case having been decided at the summary judgment stage, the Third Circuit did not accord sufficient deference to prison administrators' professional judgment. The prison administrator's affidavit and statement of non-disputed facts in support of the summary judgment motion, according to the plurality, did articulate evidence supporting a logical, reasonable linkage between the challenged policy and the state's penological interests. The plaintiff did not produce evidence contrary to the state's, but simply filed a cross-motion for summary judgment. In that context, the plurality determined the intermediate appellate court offered too little deference to the prison officials' judgment. Justice Clarence Thomas, joined by Justice Antonin Scalia, concurred in the result, writing a separate opinion favoring an analysis grounded in the observation that prison officials' disciplinary and supervisory policies were supported by the implied delegation of authority the officials possessed from the sentencing of criminals to prison and from the history of incarceration as punishment. Justices John Paul Stevens and Ruth Bader Ginsberg dissented, chiefly arguing that their colleagues erred in deciding that, as a matter of law on the limited record existing in the summary judgment context, no trial was required and the defendant was entitled to judgment. The case was remanded for further proceedings.

According to the PACER docket sheet, after the case returned to the district court, another pro se prisoner attempted to join as a plaintiff by filing a motion seeking miscellaneous relief. We do not have a copy of the motion, but the district court denied it and the prisoner filed a notice of appeal; however, at the Third Circuit, the appeal was dismissed in an unpublished order on June 1, 2007, for failure to timely prosecute. Previously, the district court (Magistrate Judge Mitchell) issued its unpublished order on December 28, 2006, that the case was closed in view of the U.S. Supreme Court's earlier decision.

We have no information indicating further activity in the case.

Summary Authors

Mike Fagan (5/5/2008)

People


Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Fuentes, Julio M. (New Jersey)

Ginsburg, Ruth Bader (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

Lenihan, Lisa Pupo (Pennsylvania)

McVerry, Terrence F. (Pennsylvania)

Mitchell, Robert C. (Pennsylvania)

Roberts, John Glover Jr. (District of Columbia)

Scalia, Antonin (District of Columbia)

Souter, David Hackett (District of Columbia)

Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Fuentes, Julio M. (New Jersey)

Ginsburg, Ruth Bader (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

Lenihan, Lisa Pupo (Pennsylvania)

McVerry, Terrence F. (Pennsylvania)

Mitchell, Robert C. (Pennsylvania)

Roberts, John Glover Jr. (District of Columbia)

Scalia, Antonin (District of Columbia)

Souter, David Hackett (District of Columbia)

Stevens, John Paul (District of Columbia)

Thomas, Clarence (District of Columbia)

Attorneys(s) for Plaintiff

Feinstein, Stember (Pennsylvania)

Krakoff, Jere (Pennsylvania)

Shubin, Andrew (Pennsylvania)

Attorneys(s) for Defendant

Corbett, Thomas W. Jr. (Pennsylvania)

Fisher, D. Michael (Pennsylvania)

Knorr, John G. III (Pennsylvania)

Koons, Calvin R. (Pennsylvania)

Mericli, Kemal Alexander (Pennsylvania)

Rovelli, Louis J. (Pennsylvania)

Wilson, Tracey A. (Pennsylvania)

Other Attorney(s)

Alexander, Elizabeth R. (District of Columbia)

Banks, Steven (New York)

Boston, John (New York)

Carbone, Charles F.A. (California)

Fathi, David Cyrus (District of Columbia)

Liu, Deborah (District of Columbia)

Marcus, Jonathan L. (District of Columbia)

Mincberg, Elliot M. (District of Columbia)

Monks, Jeffrey (District of Columbia)

Picarello, Anthony R Jr (District of Columbia)

Shapiro, Steven R. (New York)

Walczak, Witold J. (Pennsylvania)

Documents in the Clearinghouse

Document

Docket [PACER - Related Case]

May 14, 2007 Docket

Docket [PACER]

June 1, 2007 Docket

Opinion of the Court

U. S. Court of Appeals for the Third Circuit

399 F.3d 134

Feb. 25, 2005 Order/Opinion

[Order Granting Cert.]

Beard v. Banks

Supreme Court of the United States

546 U.S. 1015, 126 S.Ct. 650, 163 L.Ed.2d 525

Nov. 14, 2005 Order/Opinion

Brief of the ACLU of Pennsylvania, et al. as Amici Curiae in Support of Respondents

Beard V. Banks

Supreme Court of the United States

Jan. 1, 2006 Pleading / Motion / Brief

Brief for the Petitioner

Beard v. Banks

Supreme Court of the United States

Jan. 5, 2006 Pleading / Motion / Brief

Brief for the United States as Amicus Curiae Supporting Petitioner

Supreme Court of the United States

Jan. 5, 2006 Pleading / Motion / Brief

Brief Amicus Curiae of the Becket Fund for Religious Liberty in Support of Respondent

Feb. 9, 2006 Pleading / Motion / Brief

Respondent's Brief

Beard v. Banks

Supreme Court of the United States

Feb. 16, 2006 Pleading / Motion / Brief

[Order Allowing the Solicitor General to Participate as Amicus Curiae]

Beard v. Banks

Supreme Court of the United States

547 U.S. 1001, 126 S.Ct. 1489, 164 L.Ed.2d 245

March 6, 2006 Order/Opinion

Resources

Title Description External URL

Beard v. Banks

Oyez

Pennsylvania houses "incorrigible, recalcitrant" prisoners in the Long Term Segregation Unit (LTSU). Ronald Banks was one of about 40 prisoners in level 2 of the LTSU, which is reserved for the most … June 28, 2006 https://www.oyez.org/cases/2005/04-1739

The Oyez Project, Beard v. Banks, 548 U.S. ___ (2006).

Oyez Project

Information about the Supreme Court litigation in this case, including audio recordings of the oral argument and opinion announcement, and the briefs and the docket and written opinion. June 28, 2006 http://www.oyez.org/cases/2000-2009/2005/2005_04_1739/

Beard v. Banks (2006)

David L. Hudson Jr.

In this decision, the Supreme Court upheld, against a First Amendment challenge, restrictions imposed by the Pennsylvania Department of Corrections (whose secretary was Jeffrey A. Beard) on inmates’ … https://www.mtsu.edu/first-amendment/article/528/beard-v-banks

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT Filing Fee $ 150.00 Receipt # 349 (jsp) (Entered: 10/18/2001)

Oct. 18, 2001

CASE REFERRED to Mag. Judge Kenneth J. Benson (jsp) (Entered: 10/18/2001)

Oct. 18, 2001
2

ANSWER to Complaint by JEFFREY BEARD (Attorney Kemal Alexander Mericli) (jsp) (Entered: 01/11/2002)

Jan. 11, 2002
3

MOTION by RONALD BANKS for Class Certification with Proposed Order. (plh) (Entered: 01/14/2002)

Jan. 14, 2002
4

ORDER, set Plaintiffs Pretrial Statements deadline for 2/20/02 , set Defendants Pretrial Statements deadline for 3/20/02 ( signed by Mag. Judge Kenneth J. Benson on 1/28/02 ) CM all parties of record. (crw) (Entered: 01/29/2002)

Jan. 28, 2002
5

ORDER vacating [4-1] order set Plaintiffs Pretrial Statements deadline for 2/20/02, vacating [4-2] relief set Defendants Pretrial Statements deadline for 3/20/02, vacating [4-3] relief, set Case Management Conference for 10:00 2/14/02 by Telephone . ( signed by Mag. Judge Kenneth J. Benson on 2/5/02 ) CM all parties of record. (plh) (Entered: 02/05/2002)

Feb. 5, 2002
6

ORDER, reset Case Management Conference by Telephone for 10:30 2/20/02 . ( signed by Mag. Judge Kenneth J. Benson on 2/19/02 ) CM parties of record. (plh) (Entered: 02/19/2002)

Feb. 19, 2002
7

TELEPHONE Case Management Conference held on 2/20/02 before Mag. Judge Kenneth J. Benson [ Reporter: none ] (plh) (Entered: 02/22/2002)

Feb. 22, 2002
8

CASE MANAGEMENT ORDER setting Discovery cutoff on 6/20/02 ; Status Conference set for 10:15 6/19/02. ( signed by Mag. Judge Kenneth J. Benson on 2/22/02 ) CM all parties of record. (plh) (Entered: 02/22/2002)

Feb. 22, 2002
9

REPORT AND RECOMMENDATION of Mag. Judge Kenneth J. Benson signed on 2/22/02 Recommending that [3-1] motion for Class Certification be granted, and that a class of pltfs be certified in this case as more fully described below; The parties have 10 days from the date of service to file objections to this Report and Recommendation. (plh) (Entered: 02/22/2002)

Feb. 22, 2002
10

MEMORANDUM and ORDER granting [3-1] motion for Class Certification, as current and future Phase 2 Long Term Segregation inmates who are confined or will be confined in Pennsylvania Department of Corrections prisons located within the venue of the Western Federal Judicial District of Pennsylvania; adopting [9-1] report and recommendations . ( signed by Judge Robert J. Cindrich on 3/22/02 ) CM all parties of record. (plh) (Entered: 03/25/2002)

March 22, 2002
11

Status Conference held before Mag. Judge Kenneth J. Benson [ Reporter: none ] (plh) (Entered: 06/19/2002)

June 19, 2002
13

ORDER, set Motion Filing deadline to 9/19/02 , Reply to Response to Motion on or before 10/21/02 . ( signed by Mag. Judge Kenneth J. Benson on 8/7/02 ) CM all parties of record. (plh) (Entered: 08/08/2002)

Aug. 7, 2002
14

Tele-conference held on 8/5/02 before Mag. Judge Kenneth J. Benson [ Reporter: none ] (plh) (Entered: 08/08/2002)

Aug. 7, 2002
15

ORDER REFERRING CASE to Mag. Judge Robert C. Mitchell ( signed by Judge D. B. Smith on 9/12/02 ) CM all parties of record. (jsp) (Entered: 09/13/2002)

Sept. 12, 2002
16

MOTION by JEFFREY BEARD for Summary Judgment with Proposed Order. (plh) (Entered: 09/20/2002)

Sept. 20, 2002
17

STATEMENT OF MATERIAL FACTS by JEFFREY BEARD (plh) (Entered: 09/20/2002)

Sept. 20, 2002
18

BRIEF by JEFFREY BEARD in support of [16-1] motion for Summary Judgment by JEFFREY BEARD (plh) (Entered: 09/20/2002)

Sept. 20, 2002
19

APPENDIX to [16-1] motion for Summary Judgment by JEFFREY BEARD (plh) (Entered: 09/20/2002)

Sept. 20, 2002
20

MOTION by RONALD BANKS for Summary Judgment with Proposed Order. (plh) (Entered: 09/27/2002)

Sept. 27, 2002
21

BRIEF by RONALD BANKS in support of [20-1] motion for Summary Judgment by RONALD BANKS (plh) (Entered: 09/27/2002)

Sept. 27, 2002
22

APPENDIX to [21-1] support brief by RONALD BANKS (plh) (Entered: 09/27/2002)

Sept. 27, 2002
23

RESPONSE by RONALD BANKS to [16-1] motion for Summary Judgment by JEFFREY BEARD (plh) (Entered: 10/03/2002)

Oct. 3, 2002
24

ORDER that the Clerk of Court reassign this case to the Hon. Judge Terrence F. McVerry. ( signed by Judge Robert J. Cindrich on 10/4/02 ) CM all parties of record. (plh) (Entered: 10/04/2002)

Oct. 4, 2002

CASE reassigned to Judge Terrence F. McVerry (plh) (Entered: 10/04/2002)

Oct. 4, 2002
25

REPORT AND RECOMMENDATION of Mag. Judge Robert C. Mitchell signed on 11/15/02 Recommending that [20-1] motion for Summary Judgment be denied, [16-1] motion for Summary Judgment be granted ; The parties have 10 days from the date of service to file objections to this Report and Recommendation. (plh) (Entered: 11/15/2002)

Nov. 15, 2002
26

OBJECTION by RONALD BANKS to [25-1] report and recommendations (plh) (Entered: 11/26/2002)

Nov. 26, 2002
27

MEMORANDUM ORDER denying [20-1] motion for Summary Judgment, granting [16-1] motion for Summary Judgment, adopting [25-1] report and recommendations ; FURTHER ORDERED that final judgment of this Court is entered pursuant to Rule 58 of the FRCP. ( signed by Judge Terrence F. McVerry on 1/10/03 ) CM all parties of record. NOTICE MAILED (plh) (Entered: 01/13/2003)

Jan. 10, 2003

Case closed (plh) (Entered: 01/13/2003)

Jan. 10, 2003
27

ORDER granting [16-1] motion for Summary Judgment denying [20-1] motion for Summary Judgment and Final Judgment is Entered by the Court. ( signed by Judge Terrence F. McVerry on 1/10/03 ) CM all parties of record. (aen) (Entered: 01/23/2003)

Jan. 10, 2003
28

NOTICE OF APPEAL by RONALD BANKS from order dated 1/10/03 FILING FEE $ 105. RECEIPT # 2011 TPO issued. (femp) (Entered: 01/23/2003)

Jan. 23, 2003

Certified copy of Notice of Appeal [28-1] appeal by RONALD BANKS , certified copy of docket, certified copy of order dated 1/10/03 mailed to USCA; copy of Notice of Appeal and information sheet to counsel of record, M.J. Mitchell and Judge McVerry. Copy of information sheet to appellant. (femp) (Entered: 01/23/2003)

Jan. 23, 2003
29

Transcript Purchase order re: [28-1] appeal by RONALD BANKS advising that an transcript is not needed for appeal purposes. (plh) (Entered: 01/27/2003)

Jan. 27, 2003

Record complete for Appeal purposes, certified copy of docket entries forwarded to USCA. (plh) (Entered: 01/27/2003)

Jan. 27, 2003

RECEIPT from USCA of receiving docket entries on 1/29/03. (plh) (Entered: 01/31/2003)

Jan. 31, 2003

USCA Case Number Re: [28-1] appeal by RONALD BANKS USCA NUMBER: 03-1245 (plh) (Entered: 01/31/2003)

Jan. 31, 2003
30

Status Conference set for 9:30 3/25/05 (plh) (Entered: 02/28/2005)

Feb. 28, 2005
31

NOTICE advising that the Status Conference is postponed until further notice. (plh) (Entered: 03/14/2005)

March 14, 2005
32

MANDATE of USCA as to [28] Notice of Appeal filed by RONALD BANKS, (cc3, ) Modified on 7/28/2005 ; Recalled, see 33 (tt, ). (Entered: 07/01/2005)

July 1, 2005
33

ORDER of USCA as to [28] Notice of Appeal filed by RONALD BANKS, (cc3, ) (Entered: 07/11/2005)

July 11, 2005
34

USCA LETTER TO DISTRICT COURT CLERK re: that the Supreme Court as granted Pltf a Petition for Writ of Certiorari (Attachments: # 1 Letter to the Clerk of Courts) (That the original DC record be forward directly to the Clerk of the Supreme Court)(plh) (Entered: 02/14/2006)

Feb. 14, 2006

LETTER and ORIGINAL RECORD forward to the U.S. Supreme Court per directions of the USCA. (plh) (Entered: 02/15/2006)

Feb. 15, 2006
35

RECEIPT from the Supreme Court of the United States of receiving record on 2/21/2006. (plh) (Entered: 03/07/2006)

March 7, 2006
37

CERTIFIED ORDER of USCA in lieu of formal MANDATE as to [28] Notice of Appeal filed by RONALD BANKS. The judgment of the District Court entered 1/10/03 is affirmed. (ghb) (Entered: 07/10/2006)

July 10, 2006
38

CERTIFIED COPY OF USCA JUDGMENT-ORDER issued in lieu of a formal mandate on July 10, 2006 adding the costs taxed by the Supreme Court of the United States in favor of Appellee Jeffrey Beard in the amount of $865.00 on August 3, 2006. (ghb) (Entered: 08/03/2006)

Aug. 3, 2006

DOCUMENTS 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33 returned from the Supreme Court of the United States in Washington, D.C. (Holding on desk waiting for remaining documents to be located in the Supreme Court) (Receipted the U.S. Supreme Court for the above documents) (plh) (Entered: 01/09/2007)

Aug. 7, 2006
39

MOTION Relief from Judgment/Order by RONALD BANKS. (Attachments: # 1 Envelope)(plh) (Entered: 12/11/2006)

Dec. 11, 2006
40

MOTION for Relief from Judgment/Order by CHARLES ISLEY. (Attachments: # 1 Envelope)(plh) (Entered: 12/11/2006)

Dec. 11, 2006
41

MOTION to Extend Time to file FRCP 24 Pleading by CHARLES ISLEY. (Attachments: # 1 Envelope)(plh) (Entered: 12/11/2006)

Dec. 11, 2006

Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter.ORDER denying 39 Motion for relief from judgment, denying 40 Motion for relief from judgment, denying 41 Motion to Extend Time . Signed by Judge Robert C. Mitchell on 12/15/2006. (Mitchell, Robert) (Entered: 12/15/2006)

Dec. 15, 2006
42

MOTION for Reconsideration re Order on Motion for Miscellaneous Relief, Order on Motion to Extend Time, by CHARLES ISLEY. (Attachments: # 1 Envelope)(plh) (Entered: 12/27/2006)

Dec. 27, 2006
43

PRAECIPE for Entry of Appearance by Pro Se Party CHARLES ISLEY. (Attachments: # 1 Envelope) (plh) (Entered: 12/27/2006)

Dec. 27, 2006

Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter.ORDER denying 42 Motion for Reconsideration. This is a closed case based on the determination of the United States Supreme Court . Signed by Judge Robert C. Mitchell on 12/28/2006. (Mitchell, Robert) (Entered: 12/28/2006)

Dec. 28, 2006
44

NOTICE OF APPEAL as to Order on Motion for Miscellaneous Relief,,,, Order on Motion to Extend Time, by CHARLES ISLEY. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Attachments: # 1 Envelope)(plh) (Entered: 01/05/2007)

Jan. 5, 2007

ORIGINAL RECORD forward to the U.S. Supreme Court on 2/15/2006. (plh) (Entered: 01/05/2007)

Jan. 5, 2007

Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter.ORDER denying as moot 45 Motion for Leave to Proceed in forma pauperis . Signed by Judge Robert C. Mitchell on 1/8/2007. (Mitchell, Robert) (Entered: 01/08/2007)

Jan. 8, 2007
47

MOTION for Extension of Time to File Objections to Magistrate Judge's Orders by RONALD BANKS. (Attachments: # 1 Envelope)(plh) (Entered: 01/30/2007)

Jan. 30, 2007
48

ORDER denying 47 Motion for Extension of Time to File Objections. Signed by Judge Terrence F. McVerry on 2/13/2007. (kll) (Entered: 02/13/2007)

Feb. 13, 2007
49

ORDER of USCA as to [28] Notice of Appeal filed by RONALD BANKS,, 44 Notice of Appeal, filed by CHARLES ISLEY case dismissed for failure to timely prosecute; FURTHER ORDERED that a certified copy of the order be issued forthwith as the mandate. (cc3) Modified on 6/6/2007 (plh). (Entered: 06/01/2007)

June 1, 2007

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 18, 2001

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All prisoners who are or will be confined in the Long Term Segregation Units of State prisons in the Western Judicial District of PA.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

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):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Administrative segregation

Disciplinary procedures

Disciplinary segregation

Loss or damage to property

Affected Gender:

Male

Type of Facility:

Government-run