Pennsylvania Institutional Law Project

Programs: We continue to maximize our scarce resources by utilizing class action litigation. Class actions often take years to resolve themselves. We are also attempting to enhance our surplus which has dwindled significantly after a couple of lean years in attorney fees. The holihan v doc class action case settled just prior to trial. The named plaintiff was awarded significant damages and a significant amount was agreed upon for fees just prior to a court hearing. Most importantly, dozens of individuals are now getting the cataract surgery that had been recommended by outside specialists but denied due to the 'one good eye policy' that has now been abandoned. The case was co-counseled with pepper hamilton and dave rudovsky. The williams v. Phila. Prison overcrowding class action case was placed in suspense at the request of mayor kenney who promised population reductions and delivered. Populations are at 1990 levels and have been reduced by almost 40%. Triple celling has been eliminated and plans are being made to close the house of corrections, the oldest remaining facility. It was also co-counsel with dave rudovsky and pepper. The chimenti v doc class action progresses as we have filed for class certification. The case challenges the medical care for inmates suffering from hepatitis c. The doc has responded positively and is treating some but not all inmates with the disease. It was co-counsel with dechert and dave rudovsky. The richardson v. Kane has been certified as a class and challenges the double celling practices and use of shackles at the united states penitentiary at lewisburg. The prison holds a special management unit for difficult inmates and forces double celling on them without their input. If they refuse, they are placed in shackles for perhaps weeks at a time. Discovery ends shortly and a trial will follow. The mccreay v. Bop case involves the delivery of mental health services at lewisburg. We are partnering with the lawyers committee on civil rights in washington dc and the law firm of latham and watkins also in d. C. The drn v wetzel challenge to the delivering mental health to the doc ended the monitoring phase with significant improvements designed to allow for treatment as opposed to punishment for those suffering from mental illness. Collaborated with the disability network, david rudovsky and covington and burling. Seitz v. Alleghany county prison class action successfully challenged the practice of putting pregnant women in the solitary confinement unit. Collaborated with the aclu of pa. Concluded the hale and montanez v. Secretary of corrections case with a favorable decision on attorney fees by the united states court of appeals for the 3rd circuit who awarded pilp $32,212. 50 as a prevailing party. We established the need for a pre deprivation hearing prior to the taking of inmate funds for court costs and fines. We also were successful on a number of individual civil rights claims. The wildcat hall case resulted in a permanent injunction guaranteeing religious rights for native american. The suarez case obtained monetary damages against a constable for use of excessive force while shackled in court holding cell. The family of zion vaughn won an appeal of a denial of compensation from the victims compensation fund after it was initially ruled that he contributed to his own death with drug activity. In doe v norwood, doe received compensation for an excessive force claim at the lewisburg penitentiary. The case was handled by a former employee who began the case while employed with the pilp but took it with her upon departure. The stum case allowed a convicted sex offender to marry despite a policy to the contrary.