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Case Name Moeller v. Bradford County JC-PA-0022
Docket / Court 3:05-cv-00334-JMM-TMB ( M.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Jail Conditions
Case Summary
On February 17, 2005, six named plaintiffs represented by attorneys with the ACLU of Pennsylvania and the Americans United for Separation of Church and State filed a civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Middle District of Pennsylvania, ... read more >
On February 17, 2005, six named plaintiffs represented by attorneys with the ACLU of Pennsylvania and the Americans United for Separation of Church and State filed a civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Middle District of Pennsylvania, challenging the practices of the Firm Foundation of America, a prison ministry organization, at the Bradford County Correctional Facility. Five of the plaintiffs were taxpaying residents of the county and the sixth, also a county resident, was a former prisoner-participant in a vocational program operated by Firm Foundation at the correctional facility. Plaintiffs alleged that public funding (federal, state and local) of the prison vocational program run by the Firm Foundation violated the Establishment Clause of the First Amendment to the United States Constitution, and state law, as the Firm Foundation proselytized inmates in its specific Christian beliefs. Named as defendants were the Firm Foundation, Bradford County, a state commission director, and the U.S. Department of Justice. Plaintiffs sought declaratory and injunctive relief, as well as nominal damages, recoupment of public funds, and reimbursement of costs and attorneys' fees. Defendants denied all allegations and moved to dismiss the case for failure to state a claim and for lack of jurisdiction. The case was assigned to District Court Judge James M. Munley, who referred certain issues to Magistrate Judge Thomas M. Blewitt.

After Magistrate Judge Blewitt issued his report and recommendation, the District Court (Judge Munley) dismissed (1) the state law claims for damages against the Firm Foundation, and (2) Plaintiffs' claim for injunctive relief as to all future Department of Justice grants. All other claims survived, as sufficient to state a claim upon which relief could be granted. Moeller v. Bradford County, 2006 WL 319288 (M.D. Pa. Feb. 10, 2006).

The County then moved for judgment on the pleadings. The District Court (Judge Munley) denied the motion, finding that: (1) the court had jurisdiction over claims seeking injunctive and declaratory relief based upon allegations that payments to religious organizations violated state constitution; (2) claim was stated that county violated Establishment Clause; (3) claim was stated that county engaged in employment discrimination based on religion; (4) taxpayers had standing to sue; and (5) claim was stated that county was engaged in employment discrimination. Moeller v. Bradford County, 444 F. Supp.2d 316 (M.D. Pa. 2006).

On December 27, 2006, the County moved to stay all proceedings in this case until the United States Supreme Court decided the case of Freedom From Religion Foundation v. Chao, 433 F.3d 989 (7th Cir.2006), cert. granted sub nom. Hein v. Freedom From Religion Foundation, ---U.S. ----, 127 S.Ct. 722, 166 L.Ed.2d 559 (2006). The Court (Magistrate Judge Blewitt) refused to grant a stay, saying the impact of a decison in Hein and its' timing were too speculative. Moeller v. Bradford County, 2007 WL 431889 (M.D. Pa. Feb 05, 2007).

Shortly thereafter, the plaintiffs and the County settled the case. On April 4, 2007, Judge Munley entered a Consent Order, under which the County agreed that any public funds the County paid to any entity would not be used to support any religious activities and that the County's contracts would contain restrictive statements to that effect. The County agreed to monitor any faith-based funded entity that provided services to the County, such as the Firm Foundation, to assure that (1) public funds were kept separate and not used for any religious activity; (2) the entity did not attempt to pressure recipients of the public funded program into participating in religious activities; (3) the entity did not discriminate on the basis of religious beliefs; and (4) if the entity offered any religious programs, they were kept separate (in time and space) from the public funded programs. Under the consent order, the County would not have to pay plaintiffs' attorneys' fees if compliant with the order for at least two years. The court reserved jurisdiction over the case, in the event future enforcement of the order became necessary.

We have no information indicating post-settlement activity in this case.

Dan Dalton - 02/05/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
General
Funding
Religious programs / policies
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Bradford County
Bradford County Correctional Facility
Pennsylvania Commission on Crime and Delinquency
The Firm Foundation of America
U. S. Attorney General
Plaintiff Description Taxpayers and former inmate at the Bradford County Correctional Facility
Indexed Lawyer Organizations None on record
Class action status sought No
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 2007 - 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)
3:05-cv-00334 (M.D. Pa.) 06/13/2007
JC-PA-0022-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 02/17/2005
JC-PA-0022-0001 PDF | Detail
Memorandum 02/10/2006 (2006 WL 319288) (M.D. Pa.)
JC-PA-0022-0003 PDF | WESTLAW | Detail
Memorandum 08/10/2006 (444 F.Supp.2d 316) (M.D. Pa.)
JC-PA-0022-0004 PDF | WESTLAW| LEXIS | Detail
Opinion 02/05/2007 (2007 WL 431889 / 2007 U.S.Dist.LEXIS 7965) (M.D. Pa.)
JC-PA-0022-0005 PDF | WESTLAW| LEXIS | Detail
Consent Order 04/04/2007
JC-PA-0022-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Blewitt, Thomas M. (M.D. Pa.) [Magistrate]
JC-PA-0022-0005 | JC-PA-0022-9000
Munley, James Martin (M.D. Pa.)
JC-PA-0022-0002 | JC-PA-0022-0003 | JC-PA-0022-0004 | JC-PA-0022-0005 | JC-PA-0022-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bennett, Alexander E. (District of Columbia)
JC-PA-0022-0002 | JC-PA-0022-0005 | JC-PA-0022-9000
Chow, Yue-Han (New York)
JC-PA-0022-0002 | JC-PA-0022-0005 | JC-PA-0022-9000
Garnick, Murray R. (District of Columbia)
JC-PA-0022-0002 | JC-PA-0022-0005 | JC-PA-0022-9000
Johnston, Elta Lea (New York)
JC-PA-0022-9000
Katskee, Richard B. (District of Columbia)
JC-PA-0022-0001 | JC-PA-0022-0002 | JC-PA-0022-0005 | JC-PA-0022-9000
Kelly, Bruce (New York)
JC-PA-0022-0002 | JC-PA-0022-0005 | JC-PA-0022-9000
Khan, Ayesha N. (District of Columbia)
JC-PA-0022-0001 | JC-PA-0022-0002 | JC-PA-0022-0005 | JC-PA-0022-9000
Knudsen, Paula Kay (Pennsylvania)
JC-PA-0022-0001 | JC-PA-0022-0005
Knudsen Burke, Paula K (Pennsylvania)
JC-PA-0022-9000
Kuhn, Daniel M. (New York)
JC-PA-0022-0002 | JC-PA-0022-0005 | JC-PA-0022-9000
Ladun, Kathy A. (District of Columbia)
JC-PA-0022-9000
Luchenitser, Alex J. (District of Columbia)
JC-PA-0022-0001 | JC-PA-0022-0002 | JC-PA-0022-0005 | JC-PA-0022-9000
Roper, Mary Catherine (Pennsylvania)
JC-PA-0022-0001 | JC-PA-0022-0002 | JC-PA-0022-0005 | JC-PA-0022-9000
Truman, Alicia A. (District of Columbia)
JC-PA-0022-0005 | JC-PA-0022-9000
Turnell, Matthew R. (District of Columbia)
JC-PA-0022-0005 | JC-PA-0022-9000
Walczak, Witold J. (Pennsylvania)
JC-PA-0022-0002 | JC-PA-0022-0005 | JC-PA-0022-9000
Defendant's Lawyers Aden, Steven H. (Virginia)
JC-PA-0022-0005 | JC-PA-0022-9000
Brown, Leonard G. (Pennsylvania)
JC-PA-0022-0005 | JC-PA-0022-9000
Clark, Jennifer (Pennsylvania)
JC-PA-0022-0005 | JC-PA-0022-9000
Coppolino, Anthony J. (District of Columbia)
JC-PA-0022-0005 | JC-PA-0022-9000
Crain, Larry L. (Tennessee)
JC-PA-0022-0002 | JC-PA-0022-9000
Donohue, Michael J. (Pennsylvania)
JC-PA-0022-0002 | JC-PA-0022-0005 | JC-PA-0022-9000
Foerster, Amy C. (Pennsylvania)
JC-PA-0022-0005 | JC-PA-0022-9000
Harvey, Michael L. (Pennsylvania)
JC-PA-0022-0005 | JC-PA-0022-9000
Kelhoffer, Elizabeth J. (District of Columbia)
JC-PA-0022-0005 | JC-PA-0022-9000
Lloyd, Linda S. (Pennsylvania)
JC-PA-0022-9000
Mattox, M. Casey (Virginia)
JC-PA-0022-9000
McCarthy, Vincent (Connecticut)
JC-PA-0022-0005 | JC-PA-0022-9000
Tracey, Timothy J. (Virginia)
JC-PA-0022-9000
Wenberg, Kristina J. (Virginia)
JC-PA-0022-9000
Other Lawyers None on record

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