Case: Cobb v. Aytch

2:73-01290 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: June 11, 1973

Closed Date: March 13, 1981

Clearinghouse coding complete

Case Summary

In 1973, inmates of the Philadelphia Prison System, represented by Community Legal Services, filed a Section 1983 class action suit in the Eastern District of Pennsylvania against officials of the Commonwealth of Pennsylvania and officials of the City of Philadelphia. Plaintiffs alleged that transfers between county and state prison institutions are violative of their rights under the first, sixth, eighth, and fourteenth amendments.The parties negotiated a settlement agreement, which permanent…

In 1973, inmates of the Philadelphia Prison System, represented by Community Legal Services, filed a Section 1983 class action suit in the Eastern District of Pennsylvania against officials of the Commonwealth of Pennsylvania and officials of the City of Philadelphia. Plaintiffs alleged that transfers between county and state prison institutions are violative of their rights under the first, sixth, eighth, and fourteenth amendments.

The parties negotiated a settlement agreement, which permanently enjoined the Commonwealth defendants from receiving any Philadelphia County prisoners for transfer to state institutions, except transferees who voluntarily consented or sentenced prisoners who had been afforded a due process hearing to establish an administrative or punitive reason for transfer. Over the objections of the three city defendants, the District Court (Judge Clarence C. Newcomer) approved the proposed judgment. The City defendants appealed. The Court of Appeals reversed and remanded holding that the agreement nullified a legal right of the Superintendent of Philadelphia Prisons. Cobb v. Aytch, 539 F.2d 297 (3d Cir. 1976).

On remand, the court enjoined the future transfer of pretrial detainees because of due process concerns, but held that the due process rights of post-conviction unsentenced inmates were not offended by transfer to state prisons. Cobb v. Aytch, 472 F. Supp. 908 (E.D. Pa. 1979). Both sides appealed.

The 3rd Circuit Court of Appeals affirmed in part, vacated in part, and remanded. The Court of Appeals held that the district court erred in distinguishing between the rights of a convicted, but unsentenced inmate and a pretrial inmate. Cobb v. Aytch, 643 F.2d 946 (3d Cir. 1981).

The docket for this case is not available on PACER, and therefore our information ends with the most recent decision, dated March 13, 1981.

Summary Authors

Eoghan Keenan (6/10/2005)

People


Judge(s)

Gibbons, John Joseph (Pennsylvania)

Attorney for Plaintiff

Daley, Edmund P. (Pennsylvania)

Attorney for Defendant

Albert, Sheldon L. (Pennsylvania)

Biester, Edward G. Jr. (Pennsylvania)

Cohen, Mark N. (Pennsylvania)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

75-02049

Opinion of the Court

U.S. Court of Appeals for the Third Circuit

July 15, 1976

July 15, 1976

Order/Opinion

539 F.2d 539

2:73-01290

Findings of Fact and Conclusions of Law

Jan. 29, 1979

Jan. 29, 1979

Order/Opinion

472 F.Supp. 472

79-01459

79-01460

Opinion of the Court

U.S. Court of Appeals for the Third Circuit

March 13, 1981

March 13, 1981

Order/Opinion

643 F.2d 643

Docket

Last updated April 2, 2024, 3:17 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Pennsylvania

Case Type(s):

Jail Conditions

Key Dates

Filing Date: June 11, 1973

Closing Date: March 13, 1981

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

inmates of the Philadelphia Prison System

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

All County Prisons, City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Cruel and Unusual Punishment

Available Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1976 - None

Issues

General:

Classification / placement

Transportation

Type of Facility:

Government-run