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Case Name Remick v. City of Philadelphia PC-PA-0050
Docket / Court 2:20-cv-01959 ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Jail Conditions
Special Collection COVID-19 (novel coronavirus)
Attorney Organization ACLU Chapters (any)
Case Summary
COVID-19 Summary: This is a class action brought by inmates in the Philadelphia Department of Prisons (Philadelphia's jail system), alleging that the conditions within the facility were unconstitutional, due to the plaintiffs' heightened risk of serious illness or death from COVID-19. The parties ... read more >
COVID-19 Summary: This is a class action brought by inmates in the Philadelphia Department of Prisons (Philadelphia's jail system), alleging that the conditions within the facility were unconstitutional, due to the plaintiffs' heightened risk of serious illness or death from COVID-19. The parties entered into a partial settlement agreement as to protective equipment, disinfectant, and monitoring, which was approved by the court on June 3.

On April 20, 2020, ten individuals held at the Philadelphia Department of Prisons brought this action in the U.S. District Court for the Eastern District of Pennsylvania. Represented by the Pennsylvania Institutional Law Project, the ACLU of Pennsylvania, and private counsel, the plaintiffs sued the City of Philadelphia and the Philadelphia Department of Prisons under 22 U.S.C. § 2241, 42 U.S.C. § 1983, and 28 U.S.C. §§ 2201-2202, seeking relief based on deprivations of their Fourteenth and Eighth Amendment rights. Specifically, they alleged that because the plaintiffs were at higher risk for serious illness or death due to their medical conditions or ages, the conditions of the facilities and their continued detention was unconstitutional. The case was assigned to Judge Berle M. Schiller.

Simultaneous with their complaint, the plaintiffs filed a motion for class certification, seeking to certify a class of "all people held in custody within PDP," which included 2 subclasses: (1) Medically Vulnerable Subclass, (2) Disability Subclass.

On April 23, the plaintiffs filed a motion for preliminary injunction and restraining order. The defendants opposed the motion on May 1, seeking to secure conditions that complied with the health and safety standards necessary to protect them. In the alternative, if such conditions were not possible, they requested the court issue a writ of habeas corpus to release a sufficient number of inmates so that the facilities could adhere appropriately to the health and safety standards suggested. The defendants also opposed class certification on May 4.

After various telephone conferences held throughout the month of May, Judge Schiller entered a consent order of partial settlement on June 3. The settlement agreement includes terms regarding protective equipment, disinfectant, monitoring and reporting. The agreement also stated that the parties would continue to discuss and work towards a separate settlement agreement regarding issues of social distancing and cohorting upon the completion of COVID-19 testing.

The parties have continued to have telephone conferences with the court and submit status reports, however, no further motions have been filed with the court post-settlement.

Caitlin Kierum - 07/20/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Due Process: Substantive Due Process
Crowding
Crowding / caseload
Defendant-type
Corrections
General
Conditions of confinement
Totality of conditions
Medical/Mental Health
COVID-19 Mitigation Granted
COVID-19 Mitigation Requested
COVID-19 Release Requested
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Defendant(s) City of Philadelphia
Philadelphia Department of Prisons
Plaintiff Description Ten individuals in the Philadelphia Department of Prisons, seeking to certify a class of all individuals held within the facility
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought Yes
Class action status granted Pending
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Filed 04/20/2020
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Remick et al v. City of Philadelphia
ACLU Pennsylvania
Date: Apr. 20, 2020
By: ACLU Pennsylvania
[ Detail ] [ External Link ]

Docket(s)
2:20-cv-01959-BMS (E.D. Pa.)
PC-PA-0050-9000.pdf | Detail
Date: 07/01/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint for Declaratory and Injunctive Relief and Petition for Writs of Habeas Corpus [ECF# 1 (& 1-1 to 1-6)]
PC-PA-0050-0001.pdf | Detail
Date: 04/20/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs-Petitioners' Motion for Class Certification [ECF# 2, 2-1]
PC-PA-0050-0002.pdf | Detail
Date: 04/20/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 18, 18-1, 18-2]
PC-PA-0050-0003.pdf | Detail
Date: 04/23/2020
Source: PACER [Public Access to Court Electronic Records]
The City of Philadelphia's Memorandum of Law in Opposition to Plaintiff's Motion for Class Certification [ECF# 24, 24-1, 24-2]
PC-PA-0050-0004.pdf | Detail
Date: 05/04/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs-Petitioners' Reply Brief in Support of Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 26 (& 26-1 to 26-21)]
PC-PA-0050-0005.pdf | Detail
Date: 05/05/2020
Source: PACER [Public Access to Court Electronic Records]
Consent Order on Partial Settlement Agreement [ECF# 35] (E.D. Pa.)
PC-PA-0050-0006.pdf | Detail
Date: 06/03/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Schiller, Berle M. (E.D. Pa.) show/hide docs
PC-PA-0050-0006 | PC-PA-0050-9000
Plaintiff's Lawyers Barnett, Benjamin R (Pennsylvania) show/hide docs
PC-PA-0050-0001 | PC-PA-0050-0002 | PC-PA-0050-0003 | PC-PA-0050-0005 | PC-PA-0050-9000
Feinberg, Jonathan H. (Pennsylvania) show/hide docs
PC-PA-0050-0001 | PC-PA-0050-0002 | PC-PA-0050-0003 | PC-PA-0050-0005 | PC-PA-0050-9000
Feldman, Matthew A (Pennsylvania) show/hide docs
PC-PA-0050-0001 | PC-PA-0050-0003 | PC-PA-0050-0005 | PC-PA-0050-9000
Kim, Mary H (California) show/hide docs
PC-PA-0050-0001 | PC-PA-0050-0002 | PC-PA-0050-0003 | PC-PA-0050-0005 | PC-PA-0050-9000
Lin, Susan M. (Pennsylvania) show/hide docs
PC-PA-0050-0001 | PC-PA-0050-0002 | PC-PA-0050-0003 | PC-PA-0050-0005 | PC-PA-0050-9000
Musitief, Theeya (Pennsylvania) show/hide docs
PC-PA-0050-0001 | PC-PA-0050-0002 | PC-PA-0050-0003 | PC-PA-0050-0005
Nelson-Major, Hayden (Pennsylvania) show/hide docs
PC-PA-0050-0001 | PC-PA-0050-0003 | PC-PA-0050-0005 | PC-PA-0050-9000
Novy, Nicolas (Pennsylvania) show/hide docs
PC-PA-0050-0001 | PC-PA-0050-0002 | PC-PA-0050-0003 | PC-PA-0050-0005 | PC-PA-0050-9000
Rudovsky, David (Pennsylvania) show/hide docs
PC-PA-0050-0001 | PC-PA-0050-0002 | PC-PA-0050-0003 | PC-PA-0050-0005 | PC-PA-0050-9000
Sachse, Will W. (Pennsylvania) show/hide docs
PC-PA-0050-0001 | PC-PA-0050-0002 | PC-PA-0050-0003 | PC-PA-0050-0005 | PC-PA-0050-9000
Szemanski, Ali (Pennsylvania) show/hide docs
PC-PA-0050-0001 | PC-PA-0050-0002 | PC-PA-0050-0003 | PC-PA-0050-0005
Taylor, Nyssa (Pennsylvania) show/hide docs
PC-PA-0050-0001 | PC-PA-0050-0002 | PC-PA-0050-0003 | PC-PA-0050-0005
Walczak, Witold J. (Pennsylvania) show/hide docs
PC-PA-0050-0001 | PC-PA-0050-0002 | PC-PA-0050-0003 | PC-PA-0050-0005
Yeh, Su Ming (Pennsylvania) show/hide docs
PC-PA-0050-0001 | PC-PA-0050-0003 | PC-PA-0050-0005 | PC-PA-0050-9000
Defendant's Lawyers Claiborne, Meghan E (Pennsylvania) show/hide docs
PC-PA-0050-0004 | PC-PA-0050-9000
Cortes, Diana P. (Pennsylvania) show/hide docs
PC-PA-0050-0004 | PC-PA-0050-9000
Pratt, Marcel S. (Pennsylvania) show/hide docs
PC-PA-0050-0004
Straw, Craig M. (Pennsylvania) show/hide docs
PC-PA-0050-0004 | PC-PA-0050-9000
Taylor, Anne B (Pennsylvania) show/hide docs
PC-PA-0050-0004 | PC-PA-0050-9000
Zabel, Shannon G (Pennsylvania) show/hide docs
PC-PA-0050-0004 | PC-PA-0050-9000

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