Case: Phillips v. County of Bucks

2:98-cv-06415 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Dec. 11, 1998

Clearinghouse coding complete

Case Summary

On December 11, 1998, women who were then or had previously been housed at the Bucks County Correctional Facility in Pennsylvania filed a civil rights lawsuit in the U.S. District Court for the Eastern District of Pennsylvania under 42 U.S.C. Section 1983, against Bucks County and its officials, seeking injunctive and declaratory relief, as well as compensatory and punitive damages, for the County's failure to segregate inmates needing mental health treatment in a separate unit as was done in t…

On December 11, 1998, women who were then or had previously been housed at the Bucks County Correctional Facility in Pennsylvania filed a civil rights lawsuit in the U.S. District Court for the Eastern District of Pennsylvania under 42 U.S.C. Section 1983, against Bucks County and its officials, seeking injunctive and declaratory relief, as well as compensatory and punitive damages, for the County's failure to segregate inmates needing mental health treatment in a separate unit as was done in the men's facility. Two of the plaintiffs were in need of mental health treatment, but were no longer incarcerated; the other two plaintiffs feared being injured by an inmate suffering from a mental health condition.In an August 9, 1999, memorandum and order, the U.S. District Court for the Eastern District of Pennsylvania (Judge James McGirr Kelly) granted defendants' motion to dismiss in part. Phillips v. Co. of Bucks, No. 98-6415, 1999 WL 600541 (Aug. 9, 1999 E.D.Pa.). The court found that the plaintiffs who were still incarcerated but were not in need of mental health treatment lacked standing because they failed to show that they suffered from an actual or threatened injury. The other two plaintiffs lacked standing to seek injunctive relief because they were no longer incarcerated; though they did have standing to seek redress for past injuries, they could not seek judgment against counties or county officials in their official capacities, and all such claims were dismissed. Only the claims for individual liability against certain officials survived the motion to dismiss.

On December 16, 1999, the court adopted the parties' stipulation and order clarifying the Court's August, 1999, order and granting in part the defendants' motion to dismiss. It appears from the docket on PACER that the court was concerned that the defendants may have waived their Eleventh Amendment immunities in the stipulation, but it is unclear in what way. It appears that a task force was established, and that the term of the task force was to last for six months commencing from March 1, 2001. On March 29, 2002, the last entry on PACER, a memorandum of law by the plaintiffs supported the establishment of a County Jail Oversight Board in the County of Bucks.

Summary Authors

Megan Raynor (3/6/2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10967044/parties/phillips-v-county-of-bucks/


Judge(s)

Kelly, James McGirr (Pennsylvania)

Attorney for Plaintiff

Alberts, Anita F. (Pennsylvania)

Sperling, Martha (Pennsylvania)

Attorney for Defendant

Cohen, Jack S. (Pennsylvania)

Downey, James A. III (Pennsylvania)

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Documents in the Clearinghouse

Document

2:98-cv-06415

Docket [PACER]

March 29, 2002

March 29, 2002

Docket
24

2:98-cv-06415

Memorandum and Order

Aug. 9, 1999

Aug. 9, 1999

Order/Opinion

1999 WL 1999

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10967044/phillips-v-county-of-bucks/

Last updated March 27, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. filing fee $ 150 receipt # 686609 (lal) (Entered: 12/11/1998)

Dec. 11, 1998

Dec. 11, 1998

PACER

Demand for jury trial by PLAINTIFF KATHLEEN PHILLIPS, PLAINTIFF BARBARA LAMINA (lal)

Dec. 11, 1998

Dec. 11, 1998

PACER

Special Case Management Track. (lal)

Dec. 11, 1998

Dec. 11, 1998

PACER
2

Request for Waiver of Service by PLAINTIFF KATHLEEN PHILLIPS, PLAINTIFF BARBARA LAMINA as to DEFENDANT COUNTY OF BUCKS, DEFENDANT CHARLES MARTIN, DEFENDANT SANDRA MILLER, DEFENDANT MICHAEL FITZPATRICK, DEFENDANT J. ALLEN NESBITT, DEFENDANT LENAPE VALLEY 12/11/98 Waiver of Service due by 1/10/99 for COUNTY OF BUCKS, for CHARLES MARTIN, for SANDRA MILLER, for MICHAEL FITZPATRICK, for J. ALLEN NESBITT, for LENAPE VALLEY . (lal) (Entered: 12/11/1998)

Dec. 11, 1998

Dec. 11, 1998

PACER
4

Appearance of JAMES A. DOWNEY III for DEFENDANT COUNTY OF BUCKS, DEFENDANT CHARLES MARTIN, DEFENDANT SANDRA MILLER, DEFENDANT MICHAEL FITZPATRICK, DEFENDANT J. ALLEN NESBITT, Certificate of Service. (ky) (Entered: 01/19/1999)

Jan. 19, 1999

Jan. 19, 1999

PACER
5

MOTION by DEFENDANT COUNTY OF BUCKS, DEFENDANT CHARLES MARTIN, DEFENDANT SANDRA MILLER, DEFENDANT MICHAEL FITZPATRICK, DEFENDANT J. ALLEN NESBITT TO DISMISS, MEMORANDUM OF LAW, CERTIFICATE OF SERVICE. (ky) (Entered: 01/19/1999)

Jan. 19, 1999

Jan. 19, 1999

PACER
6

Response by PLAINTIFF KATHLEEN PHILLIPS, PLAINTIFF BARBARA LAMINA in opposition to MOTION TO DISMISS filed by BUCKS COUNTY DEFENDANTS, BRIEF IN OPPOSITION, Certificate of Service. (ky) (Entered: 01/25/1999)

Jan. 25, 1999

Jan. 25, 1999

PACER
7

Verification/Affidavit of Clifton Mitchell, Re: Certain Facts, Certificate of Service. (kw) (Entered: 01/26/1999)

Jan. 25, 1999

Jan. 25, 1999

PACER
8

MOTION BY DEFENDANT LENAPE VALLEY TO DISMISS, MEMORANDUM, CERTIFICATE OF SERVICE. (kw) (Entered: 01/29/1999)

Jan. 29, 1999

Jan. 29, 1999

PACER
9

Appearance of JACK S. COHEN, ESQ. for DEFENDANT LENAPE VALLEY FOUNDATION; jury demand. (kw) (Entered: 01/29/1999)

Jan. 29, 1999

Jan. 29, 1999

PACER

Preliminary Pre-trial conference set at 9:30 a.m. on 3/1/99. (kw)

Feb. 1, 1999

Feb. 1, 1999

PACER
10

Waiver of Service Returned Executed as to DEFENDANT COUNTY OF BUCKS, DEFENDANT CHARLES MARTIN, DEFENDANT SANDRA MILLER, DEFENDANT MICHAEL FITZPATRICK, DEFENDANT J. ALLEN NESBITT 1/8/99. Answer due on 3/9/99 for J. ALLEN NESBITT, for MICHAEL FITZPATRICK, for SANDRA MILLER, for CHARLES MARTIN, for COUNTY OF BUCKS. (np) (Entered: 02/04/1999)

Feb. 4, 1999

Feb. 4, 1999

PACER
11

Response by PLAINTIFF KATHLEEN PHILLIPS, PLAINTIFF BARBARA LAMINA in opposition to DEFENDANT, LENAPE VALLEY FOUNDATION'S, MOTION TO DISMISS, Memorandum, Certificate of Service. (np) (Entered: 02/09/1999)

Feb. 9, 1999

Feb. 9, 1999

PACER
12

Amended complaint by PLAINTIFF BARBARA LAMINA, PLAINTIFF KATHLEEN PHILLIPS, PLAINTIFF CAROL MARSHALL, PLAINTIFF PATRICIA SCHAFF, amending [1-1] complaint, Certificate of Service; Jury Trial Demanded. (kw) (Entered: 02/24/1999)

Feb. 23, 1999

Feb. 23, 1999

PACER
13

ORDER THAT DEFT, BUCKS COUNTY'S MOTION TO DISMISS & LENAPE VALLEY FOUNDATION'S MOTION TO DISMISS ARE WITHDRAWN WITHOUT PREJUDICE. ( SIGNED BY JUDGE JAMES M. KELLY ) 3/2/99 ENTERED AND COPIES MAILED: COPIES FAXED ON 3/1/99. (kw) (Entered: 03/02/1999)

March 1, 1999

March 1, 1999

PACER
14

SCHEDULING ORDER SETTING DISCOVERY TO BE COMPLETED BY 9/30/99; PLAINTIFF'S PRETRIAL MEMORANDUM DUE 10/11/99; DEFENDANT'S PRETRIAL MEMORANDUM DUE 10/22/99; FINAL PRETRIAL CONFERENCE WILL BE HELD ON 10/26/99 AT 9:30 A.M.; TRIAL POOL DEADLINE SET FOR 11/1/99, ETC. ( SIGNED BY JUDGE JAMES M. KELLY ) 3/2/99 ENTERED AND COPIES GIVEN BY CHAMBERS ON 3/1/99. (kw) (Entered: 03/02/1999)

March 1, 1999

March 1, 1999

PACER
15

MOTION by PLAINTIFF BARBARA LAMINA, PLAINTIFF KATHLEEN PHILLIPS, PLAINTIFF CAROL MARSHALL, PLAINTIFF PATRICIA SCHAFF FOR CLASS ACTION CERTIFICATION, CERTIFICATE OF SERVICE, BRIEF. (jl) (Entered: 03/03/1999)

March 3, 1999

March 3, 1999

PACER
16

MOTION by DEFENDANT COUNTY OF BUCKS, DEFENDANT CHARLES MARTIN, DEFENDANT SANDRA MILLER, DEFENDANT MICHAEL FITZPATRICK, DEFENDANT J. ALLEN NESBITT TO DISMISS THE AMENDED COMPLAINT, MEMORANDUM, CERTIFICATE OF SERVICE. (np) (Entered: 03/04/1999)

March 4, 1999

March 4, 1999

PACER
17

Demand for jury trial by DEFENDANT COUNTY OF BUCKS, DEFENDANT CHARLES MARTIN, DEFENDANT SANDRA MILLER, MICHAEL FITZPATRICK, DEFENDANT J. ALLEN NESBITT. (np) (Entered: 03/04/1999)

March 4, 1999

March 4, 1999

PACER
18

Answer by DEFENDANT COUNTY OF BUCKS, DEFENDANT CHARLES MARTIN, DEFENDANT SANDRA MILLER, DEFENDANT MICHAEL FITZPATRICK, DEFENDANT J. ALLEN NESBITT to plffs' MOTION FOR CLASS ACTION CERTIFICATION, Memo, Certificate of Service. (kw) (Entered: 03/16/1999)

March 16, 1999

March 16, 1999

PACER
19

Response by PLAINTIFF BARBARA LAMINA, PLAINTIFF KATHLEEN PHILLIPS, PLAINTIFF CAROL MARSHALL, PLAINTIFF PATRICIA SCHAFF in opposition to MOTION TO DISMISS AMENDED COMPLAINT, Memorandum of Law in Opposition, Certificate of Service. (ky) (Entered: 03/18/1999)

March 18, 1999

March 18, 1999

PACER
20

ORDER THAT THE PARTIES WILL BRIEF THE ISSUE OF WHETHER THE 1983 CONSENT DECREE ENTERED IN INMATES OF THE BUCKS COUNTY PRISON V. WARREN, NO. 79-CV-1785, GOVERNS PLFFS' CLAIMS IN THIS MATTER; PLFFS WILL FILE THEIR MEMORANDUM BY 6/15/99 ; & DEFTS WILL FILE THEIR RESPONSE BY 6/29/99 . ( SIGNED BY JUDGE JAMES M. KELLY ) 6/10/99 ENTERED AND COPIES MAILED: COPIES FAXED ON 6/9/99. (kw) (Entered: 06/10/1999)

June 10, 1999

June 10, 1999

PACER
21

Brief by PLAINTIFF BARBARA LAMINA, PLAINTIFF CAROL MARSHALL, PLAINTIFF PATRICIA SCHAFF, PLAINTIFF KATHLEEN PHILLIPS supporting application of 1983 permanent injunction entered in inmates of Bucks Co. Prison V. Warren, No. 79-CV-1785 to this case, Certificate of Service. (kw) (Entered: 06/16/1999)

June 16, 1999

June 16, 1999

PACER
22

Brief by DEFENDANT COUNTY OF BUCKS, DEFENDANT CHARLES MARTIN, DEFENDANT SANDRA MILLER, DEFENDANT MICHAEL FITZPATRICK, DEFENDANT J. ALLEN NESBITT regarding the application of the consent decree of 1993, Certificate of Service. (kw) (Entered: 06/29/1999)

June 29, 1999

June 29, 1999

PACER
23

Defendant, Lenape Valley Foundation's Brief Regarding The Application of The Consent Decree of 1993, Certificate of Service. (dt) (Entered: 07/07/1999)

July 7, 1999

July 7, 1999

PACER
24

MEMORANDUM AND ORDER: DEFTS' MOTION TO DISMISS IS GRANTED IN PART; PLFFS' MOTION FOR CLASS CERTIFICATION IS DENIED, ETC.. (SIGNED BY JUDGE JAMES M. KELLY) 8/10/99 ENTERED AND COPIES FAXED. (fb) (Entered: 08/10/1999)

Aug. 9, 1999

Aug. 9, 1999

PACER
25

STIPULATION AND ORDER THAT THE DISCOVERY CUTOFF OF 9/30/99 & ALL DATES CONTAINED IN THE SCHEDULING ORDER ENTERED THE 1ST DAY OF MARCH 1999 IN THIS CASE BE ADVANCED BY 90 DAYS TO ALLOW THE PARTIES TO COMPLETE DISCOVERY BY 12/31/99; TRIAL POOL DEADLINE SET FOR 2/28/00 . ( SIGNED BY JUDGE JAMES M. KELLY ) 9/23/99 ENTERED AND COPIES MAILED AND FAXED ON 9/22/99. (kw) (Entered: 09/23/1999)

Sept. 22, 1999

Sept. 22, 1999

PACER
26

MOTION BY PLAINTIFF PATRICIA SCHAFF, PLAINTIFF CAROL MARSHALL, PLAINTIFF KATHLEEN PHILLIPS, PLAINTIFF BARBARA LAMINA FOR PARTIAL SUMMARY JUDGMENT, MEMORANDUM, CERTIFICATE OF SERVICE. (kw) (Entered: 09/23/1999)

Sept. 23, 1999

Sept. 23, 1999

PACER
27

Answer by DEFENDANT COUNTY OF BUCKS, DEFENDANT CHARLES MARTIN, DEFENDANT SANDRA MILLER, DEFENDANT MICHAEL FITZPATRICK, DEFENDANT J. ALLEN NESBITT to plffs' MOTION FOR PARTIAL SUMMARY JUDGMENT, Memo, Certificate of Service. (kw) (Entered: 10/01/1999)

Oct. 1, 1999

Oct. 1, 1999

PACER
28

STIPULATION AND ORDER THAT DEFT, LENAPE VALLEY FOUNDATION, SHALL HAVE 20 DAYS FROM THE DATE THAT THIS ORDER IS DOCKETED, TO RESPOND TO PLFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT. ( SIGNED BY JUDGE JAMES M. KELLY ) 10/4/99 ENTERED AND COPIES MAILED AND FAXED. (kw) (Entered: 10/04/1999)

Oct. 4, 1999

Oct. 4, 1999

PACER
29

Response by DEFENDANT LENAPE VALLEY to MOTION FOR PARTIAL SUMMARY JUDGMENT AND DEFENDANT LENAPE VALLEY FOUNDATIONS CROSS MOTION FOR SUMMARY JUDGEMENT, Certificate of Service. (fe) (Entered: 10/22/1999)

Oct. 21, 1999

Oct. 21, 1999

PACER
30

Supplemental Brief of PLAINTIFF PATRICIA SCHAFF, PLAINTIFF CAROL MARSHALL, PLAINTIFF KATHLEEN PHILLIPS, PLAINTIFF BARBARA LAMINA supporting motion for partial summary judgment, Certificate of Service. (kw) (Entered: 11/08/1999)

Nov. 8, 1999

Nov. 8, 1999

PACER
31

PLAINTIFFS' MOTION TO CLARIFY, VACATE OR MODIFY ORDER OF 8/10/99 GRANTING IN PART COUNTY DEFENDANTS' MOTION TO DISMISS, MEMORANDUM, CERTIFICATE OF SERVICE. (fdc) (Entered: 11/12/1999)

Nov. 10, 1999

Nov. 10, 1999

PACER
32

Answer by DEFENDANT CHARLES MARTIN, DEFENDANT SANDRA MILLER, DEFENDANT MICHAEL FITZPATRICK, DEFENDANT J. ALLEN NESBITT to MOTION TO CLARIFY, VACATE OR MODIFY ORDER OF 8/10/99 GRANTING IN PART, COUNTY DEFENDANTS' MOTION TO DISMISS, Memo, Certificate of Service. (kw) (Entered: 11/23/1999)

Nov. 22, 1999

Nov. 22, 1999

PACER
33

STIPULATION AND ORDER THAT THE PARTIES WILL COMPLETE DISCOVERY BY 3/31/00 AND THE CASE WILL BE PLACED IN THE COURT'S TRIAL POOL ON 5/31/00 . (SIGNED BY JUDGE JAMES M. KELLY) 12/16/99 ENTERED AND COPIES MAILED; COPIES FAXED FROM CHAMBERS. (adr) (Entered: 12/16/1999)

Dec. 16, 1999

Dec. 16, 1999

PACER
34

MEMORANDUM, STIPULATION & ORDER THAT THE PARTIES IN THIS MATTER HAVE AGREED TO THE ATTACHED STIPULATION OF COUNSEL REGARDING PLAINTIFFS' MOTION TO CLARIFY, VACATE OR MODIFY ORDER OF 8/10/99 GRANTING IN PART COUNTY DEFENDANTS' MOTION TO DISMISS. WHILE IT APPEARS THAT DEFENDANTS MAY BE ABANDONING THEIR ELEVENTH AMENDMENT DEFENSES IN THIS MATTER, THE COURT IS SATISFIED THAT THE PARTIES HAVE ENTERED INTO THIS STIPULATION FREELY AND WILLINGLY. THEREFORE, THE COURT SHALL ADOPT THE STIPULATION AS AGREED TO BY THE PARTIES. ( SIGNED BY JUDGE JAMES M. KELLY ) 12/16/99 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 12/16/1999)

Dec. 16, 1999

Dec. 16, 1999

PACER

Letter from Anita F. Alberts dated 12/13/99 to Judge Kelly re: request for referral (see case 99-6201 paper #6) (lvj)

Dec. 23, 1999

Dec. 23, 1999

PACER
35

ORDER THAT THE ABOVE CAPTIONED MATTER IS REFERRED TO U.S. MAGISTRATE JUDGE DIANE M. WELSH FOR SETTLEMENT PURPOSES. ( SIGNED BY JUDGE JAMES M. KELLY ) 1/6/00 ENTERED AND COPIES MAILED AND FAXED. (kw) (Entered: 01/06/2000)

Jan. 6, 2000

Jan. 6, 2000

PACER
36

ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY JUDGE JAMES M. KELLY 4/11/00 ENTERED AND COPIES MAILED AND FAXED. (kw) (Entered: 04/11/2000)

April 11, 2000

April 11, 2000

PACER

Case closed (kv)

April 11, 2000

April 11, 2000

PACER
37

ORDER THAT A HEARING IS SCHEDULED BEFORE THE UNDERSIGNED ON 5/25/00 AT 2:00 P.M. IN COURTROOM 3G . ( SIGNED BY MAGISTRATE JUDGE DIANE M. WELSH ) 4/20/00 ENTERED AND COPIES MAILED AND FAXED. (kw) Modified on 04/20/2000 (Entered: 04/20/2000)

April 20, 2000

April 20, 2000

PACER
38

STIPULATION AND ORDER THAT BOTH PARTIES AGREE THAT THE TERM OF THE TASK FORCE SHOULD BE EXTENDED FOR 6 MONTHS COMMENCING FROM 3/1/01. THE PARTIES HEREBY STIPULATE TO EXTEND THE DEADLINE FOR THE TASK FORCE TO 9/1/01. ( SIGNED BY MAGISTRATE JUDGE DIANE M. WELSH ) 3/8/01 ENTERED AND COPIES MAILED AND FAXED. (kw) (Entered: 03/08/2001)

March 7, 2001

March 7, 2001

PACER
39

Memorandum of law by PLAINTIFF PATRICIA SCHAFF, PLAINTIFF CAROL MARSHALL, PLAINTIFF KATHLEEN PHILLIPS, PLAINTIFF BARBARA LAMINA supporting establishment of County Jail Oversight Board in the County of Bucks, Certificate of Service. (kw) (Entered: 04/01/2002)

March 29, 2002

March 29, 2002

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Dec. 11, 1998

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Women who are or previously were housed at the Bucks County Correctional Facility alleging the jail failed to segregate inmates needing mental health treatment in a separate unit, instead keeping these inmates in the general population

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Bucks County (Bucks), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2001 - 2001

Issues

General:

Classification / placement

Affected Sex or Gender:

Female

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run