University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Barrett v. Kalinowski JC-PA-0008
Docket / Court 77-1129 ( M.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Jail Conditions
Case Summary
Inmates of the Wayne County Prison in Honesdale, Pennsylvania filed a lawsuit under 42 U.S.C. § 1983 against the Pennsylvania Department of Corrections in the U.S. District Court for the Middle District of Pennsylvania. The plaintiffs, represented by Northern Pennsylvania Legal Services, ... read more >
Inmates of the Wayne County Prison in Honesdale, Pennsylvania filed a lawsuit under 42 U.S.C. § 1983 against the Pennsylvania Department of Corrections in the U.S. District Court for the Middle District of Pennsylvania. The plaintiffs, represented by Northern Pennsylvania Legal Services, asked the court for injunctive relief and damages, alleging that their constitutional rights had been violated by conditions at the prison. Specifically, the plaintiffs complained about deficiencies in the areas of mail delivery, the law library, exercise, hygienic products, maintenance of the commissary, medical care, recreational equipment, and grievance procedures.

On June 7, 1978, the U.S. District Court for the Middle District of Pennsylvania (Judge Malcom Muir) declined to certify the plaintiffs as a class. On September 18, 1978, the court approved a settlement agreement, which addressed all issues except the payment of attorneys' fees. Under the agreement, the defendants were to pay each of the plaintiffs damages in the amount of $550.

On October 3, 1978, the court (Judge Muir) held that the plaintiffs should be awarded attorneys' fees, and ordered the defendants to pay the fees in the amount of $6820. The court then held that no award of other costs or extraordinary expenses would be awarded. Barrett v. Kalinowski, 458 F.Supp. 689 (M.D.Penn. 1978).

Kristen Sagar - 04/29/2006


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Issues and Causes of Action
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Issues
General
Access to lawyers or judicial system
Bathing and hygiene
Education
Law library access
Library (non-law) access
Loss or damage to property
Mail
Phone
Recreation / Exercise
Sanitation / living conditions
Visiting
Medical/Mental Health
Medical care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Pennsylvania Department of Corrections
Plaintiff Description Present and former inmates alleging violations of their constitutional rights
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1978 - n/a
Case Closing Year n/a
Case Ongoing Unknown
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
No docket sheet currently in the collection
General Documents
Opinion 11/20/1978 (458 F.Supp. 689) (M.D. Pa.)
JC-PA-0008-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Muir, Malcolm (M.D. Pa.)
JC-PA-0008-0001
Monitors/Masters None on record
Plaintiff's Lawyers Bianco, David F. (Pennsylvania)
JC-PA-0008-0001
Bragg, O. Randolph (Pennsylvania)
JC-PA-0008-0001
Fields, Robert J. (Pennsylvania)
JC-PA-0008-0001
Hamill, Raymond L. (Indiana)
JC-PA-0008-0001
Jennings, Stephen (Pennsylvania)
JC-PA-0008-0001
Defendant's Lawyers Hock, Jered L. (Pennsylvania)
JC-PA-0008-0001
Kilroe, Thomas F. (Pennsylvania)
JC-PA-0008-0001
Mascelli, John C. (Pennsylvania)
JC-PA-0008-0001
Spall, John F. (Pennsylvania)
JC-PA-0008-0001
Other Lawyers None on record

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