University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Inmates of the Bucks County Correctional Facility v. County of Bucks JC-PA-0019
Docket / Court 02-7377 ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Jail Conditions
Case Summary
On September 12, 2002, inmates of the Bucks County Correctional Facility [BCCF] filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Pennsylvania (Philadelphia), challenging their conditions of confinement. Plaintiffs, represented by ... read more >
On September 12, 2002, inmates of the Bucks County Correctional Facility [BCCF] filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Pennsylvania (Philadelphia), challenging their conditions of confinement. Plaintiffs, represented by the Institutional Law Project and private attorneys, sought declaratory and injunctive relief, as well as damages. Plaintiffs alleged that their constitutional rights had been violated by denial of necessary medical care and retaliation against sick inmates who seek care; by a lack of a policy for prevention, diagnosis and treatment of communicable disease; by a lack of ventilation and basic sanitation; by a failure to provide medical isolation facilities for inmates with communicable disease; and by the deliberate indifference to inmates' serious medical needs.

The lawsuit followed a widespread exposure of inmates to methicillin resistant staphylococcus aureus (MRSA).

Around the time the lawsuit was initiated, Dr. Veronica Urdaneta of the Pennsylvania Department of Health reviewed approximately 22 inmate medical charts the BCCF relative to the MSRA outbreak. Plaintiffs sought production of her report and defendants objected. On February 26, 2003, the District Court (Magistrate Judge Diane M. Welsh) ordered that the report be produced to the court for an in camera inspection. Inmates of BCCF v. Bucks County, 2003 WL 22204548 (E.D.Pa. Feb. 26, 2003). Following the court's in camera review of Dr. Urdaneta's report, Judge Welsh order that a copy be disclosed to plaintiffs on March 14, 2003.

Discovery proceeded and plaintiffs filed a Second Amended Complaint, on September 8, 2004. Thereafter, plaintiffs moved again for class certification. On December 20, 2004, the District Court (Judge Clifford Scott Green) granted the motion for class certification on behalf of the female

inmates similarly situated in the BCCF. BCCF v. Bucks County, 2004 WL 2958427 (E.D.Pa. Dec. 20, 2004).

Thereafter, discovery and litigation of the case continued. The PACER docket (as of 6/13/2007) shows that the case is still active.

Dan Dalton - 02/12/2007


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Female
Male
General
Bathing and hygiene
Totality of conditions
Medical/Mental Health
Medical care, general
Skin Infections
Tuberculosis
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Bucks County
Plaintiff Description A class consisting of all persons presently confined to the BCCF or work release centers and all persons who will be confined there in future, who have been sickened or injured by MRSA, staph, tuberculosis and other infectious diseases in prison.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Unknown
Case Listing JC-PA-0009 : Inmates of Bucks County Prison v. Warren (E.D. Pa.)
Additional Resources
click to show/hide detail
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)
02-7377 (E.D. Pa.) 03/27/2008
JC-PA-0019-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Amended Class Action Complaint 12/23/2002
JC-PA-0019-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order 03/14/2003 (E.D. Pa.)
JC-PA-0019-0001.pdf | Detail
Notice of Settlement of Class Action / Private Settlement Agreement 03/27/2008
JC-PA-0019-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Buckwalter, Ronald Lawrence (E.D. Pa.)
JC-PA-0019-9000
Welsh, Diane M. (E.D. Pa.) [Magistrate]
JC-PA-0019-0001
Monitors/Masters None on record
Plaintiff's Lawyers Alberts, Anita F. (Pennsylvania)
JC-PA-0019-0002 | JC-PA-0019-0003 | JC-PA-0019-9000
Love, Angus R. (Pennsylvania)
JC-PA-0019-0002 | JC-PA-0019-0003 | JC-PA-0019-9000
Sperling, Martha (Pennsylvania)
JC-PA-0019-0002 | JC-PA-0019-9000
Defendant's Lawyers Brier, David E. (Pennsylvania)
JC-PA-0019-9000
Chernak, Frank A. (Pennsylvania)
JC-PA-0019-0003 | JC-PA-0019-9000 | JC-PA-0019-9000
Connolly, Christin E (Pennsylvania)
JC-PA-0019-9000
Gold, Alan Stephen (Florida)
JC-PA-0019-9000
Heinold, Keith D (Pennsylvania)
JC-PA-0019-9000
Hudson, Craig (Pennsylvania)
JC-PA-0019-9000
Lehrer, Jamie Beth (Pennsylvania)
JC-PA-0019-0003 | JC-PA-0019-9000
Marcel, Henri (Pennsylvania)
JC-PA-0019-9000
Maresca, Carla P. (Pennsylvania)
JC-PA-0019-0003 | JC-PA-0019-9000
Straw, Craig M. (Pennsylvania)
JC-PA-0019-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -