Case: Victory v. Berks County

5:18-cv-05170 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Nov. 30, 2018

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Case Summary

A woman incarcerated at Pennsylvania’s Berks County Jail filed this lawsuit against the County and several county officials and jail officials. Her complaint, filed November 30, 2018 in the U.S. District Court for the Eastern District of Pennsylvania, alleged that the jail violated the Equal Protection Clause of the Fourteenth Amendment by discriminating against her on the basis of her sex: her “Trusty” security classification did not qualify her for lower-security housing in the off-site Community Reentry Center, but male inmates with the same security classification did qualify for such off-site housing, with increased freedom of movement, work-release privileges, and expanded educational opportunities. She sued on behalf of herself and others similarly situated. For the entire class, she sought declaratory judgment (under 28 U.S.C. §§2201-2202), as well as injunctive relief requiring the County to give female “Trusty” inmates housing, privileges, and programming comparable to those granted to their male counterparts. Individually, she alleged that jail officials had retaliated against her for filing grievances, and sought monetary damages. She was represented by the Pennsylvania Institutional Law Project. The case was assigned to Judge Mark A. Kearney.

In December 2018, the plaintiff twice sought a preliminary injunction and was twice denied. On January 15, 2019, the court granted her third request for a preliminary injunction, 355 F. Supp. 3d 239 (E.D. Pa. 2019). Two days later, the Third Circuit stayed the injunction in part.

The First Amended Complaint, on January 17, joined as plaintiffs two other women incarcerated at the Berks County Jail, similarly unable to qualify for housing and privileges commensurate with their “Trusty” security classification. Together, the three plaintiffs moved for class certification, which the court denied.

In February 2019, the court dissolved the preliminary injunction of January 17; the lead plaintiff and one of her co-plaintiffs had been released from custody, and the third plaintiff had not properly exhausted administrative remedies. 2019 WL 653788.

On April 5, 2019, the court partially granted the County’s motion to dismiss. 2019 WL 1507769. Discovery could proceed on: injunctive relief to prohibit the disparate treatment; the lead plaintiff’s damage claims against the non-immune individual defendants; some of the lead plaintiff’s First Amendment retaliation claims; and the sex discrimination claim under the Pennsylvania Constitution. The court dismissed all other claims.

Two weeks later, the lead plaintiff filed the Second Amended Complaint, replacing the original co-plaintiffs with two other women similarly incarcerated at the Jail. They moved for a preliminary injunction on April 24, and the injunction was granted on May 20. In the meantime, one of the new co-plaintiffs had, without explanation, dismissed all of her claims with prejudice. On June 3, the two remaining plaintiffs moved for class certification. The same day, the court denied the County's motion to stay all proceedings. 2019 WL 2368579.

The court granted class certification on July 8, 2019: “All current and future female inmates committed to the Berks County Jail System who have the Trusty custody-level classification but denied assignment to the Community Reentry Center (“CRC”) and denied access to the privileges and services available to men assigned to the CRC.” 2019 WL 2950171. The same day, the court granted partial summary judgment to the County. While the Fourteenth Amendment claim was allowed to proceed, all other claims were dismissed. Several individual defendants were also dismissed.

On July 11, 2019, the court held Berks County in civil contempt for failure to comply with the May 20 preliminary injunction. 2019 WL 3068991. The lead plaintiff was granted compensatory sanctions and attorneys fees. However, this contempt finding was later reversed by the Third Circuit, which found that the May 20 preliminary injunction had not included an explicit needs-narrowness-intrusiveness finding as required by the Prison Litigation Reform Act. The injunction was thus invalid and could not be a basis for a contempt finding. Throughout the litigation, the County brought a total of 5 interlocutory appeals (Third Circuit docket numbers 19-01329, 19-02193, 19-02648, 19-02695, and 19-03060). Only the appeals regarding the May 20 preliminary injunction and the July 11 contempt order were successful.

On October 17, 2019, the court granted partial summary judgment to the plaintiffs. 2019 WL 5266147. The court found that "Berks County violated [the plaintiffs'] rights when it discriminated against them in disparate treatment as to freedom of mobility, access to privileges, and visitation on the basis of their sex in violation of the Equal Protection Clause of the United States Constitution." However, there remained questions of material fact as to whether the County provided equal access to furloughs for female "Trusty" inmates. This question, along with the question of a permanent injunction and the lead plaintiff’s individual damages, would be decided at trial.

The week before the trial, the County announced that the Community Reentry Center had been closed and that all male inmates had been returned to the jail proper.

The 3-phase trial was held from Tuesday, November 12 through Friday, November 15, 2019. In the first phase, the jury found that Berks County had violated the Equal Protection Clause of the Fourteenth Amendment by providing the plaintiffs less access to furloughs than their male counterparts. In the second phase, the jury found that the County’s violation of the Equal Protection Clause had caused the plaintiff emotional pain, and awarded the lead plaintiff $2,800 in damages. The third and final phase was tried without jury; the court ordered a permanent injunction against the County. 2020 WL 236911. {DID IT INCLUDE PLRA FINDINGS?} The court entered judgment on April 7, 2020, and ordered the County to pay approximately $510,000 in costs and attorneys’ fees. 2020 WL 1694600.

As of June 15, 2020, no appeal had been filed.

Summary Authors

Gregory Marsh (6/15/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8365639/parties/victory-v-berks-county/

Judge(s)

Attorney for Plaintiff

Davy, Jim (Pennsylvania)

Davy, James (Pennsylvania)

Feldman, Matthew A (Pennsylvania)

Attorney for Defendant

Connell, Matthew J. (Pennsylvania)

Erley, Samantha (Pennsylvania)

Judge(s)

Heffley, Marilyn (Pennsylvania)

Kearney, Mark A. (Pennsylvania)

Attorney for Plaintiff

Davy, Jim (Pennsylvania)

Davy, James (Pennsylvania)

Feldman, Matthew A (Pennsylvania)

Love, Angus R. (Pennsylvania)

Morgan-Kurtz, Alexandra T. (Pennsylvania)

Sachse, Will W. (Pennsylvania)

Ward, Cory A. (Pennsylvania)

Yeh, Su Ming (Pennsylvania)

Attorney for Defendant

Connell, Matthew J. (Pennsylvania)

Erley, Samantha (Pennsylvania)

Fiore, Laurie Ann (Pennsylvania)

Ryan, Samantha (Pennsylvania)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

5:18-cv-05170	Docket	April 7, 2020	April 7, 2020 Docket
1 5:18-cv-05170	Complaint - Class Action	Nov. 30, 2018	Nov. 30, 2018 Complaint
38 5:18-cv-05170	Findings of Fact and Conclusion of Law	Jan. 15, 2019	Jan. 15, 2019 Order/Opinion 355 F.Supp.3d 239
39 5:18-cv-05170	Order	Jan. 15, 2019	Jan. 15, 2019 Order/Opinion
61 5:18-cv-05170	Order	Jan. 25, 2019	Jan. 25, 2019 Order/Opinion
92 5:18-cv-05170	Memorandum	Feb. 15, 2019	Feb. 15, 2019 Order/Opinion 2019 WL 653788
108 5:18-cv-05170	Memorandum	April 5, 2019	April 5, 2019 Order/Opinion 2019 WL 1507769
114 5:18-cv-05170	Second Amended Complaint	April 22, 2019	April 22, 2019 Complaint
134 5:18-cv-05170	Findings of Fact and Conclusion of Law	May 20, 2019	May 20, 2019 Order/Opinion
135 5:18-cv-05170	Order	May 20, 2019	May 20, 2019 Order/Opinion

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
PRESS RELEASE: Berks County Abruptly Empties Men’s Community Reentry Center Rather Than Provide Incarcerated Women With Equal Access Pennsylvania Institutional Law Project	In a severe step backward for gender equality and reentry services for incarcerated people, the Berks County Commissioners abruptly emptied the Berks County Community Reentry Center (CRC), which prov…	Nov. 11, 2019	Nov. 11, 2019 https://pailp.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/8365639/victory-v-berks-county/

Last updated April 3, 2026, 4:56 a.m.

ECF Number	Date	Description	Link
1	Nov. 30, 2018	COMPLAINT against KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR ( Filing fee $ 400 receipt number PPE188647.), filed by THERESA VICTORY, JURY DEMAND. (Attachments: # 1 CASE FORMS)(jl, ) Modified on 12/6/2018 (jl, ). (Entered: 12/03/2018) 1 CASE FORMS View on PACER	RECAP
2	Nov. 30, 2018	THERESA VICTORY. MOTION FOR CLASS CERTIFICATION, MEMORANDUM.(jl, ) (Entered: 12/03/2018)	RECAP
	Nov. 30, 2018	Summons Issued
	Nov. 30, 2018	15 Summons Issued as to KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. Forwarded To: ANGUS LOVE on 12/3/18 (jl, ) Modified on 12/6/2018 (afm, ).
	Nov. 30, 2018	Jury Demand
	Nov. 30, 2018	DEMAND for Trial by Jury by THERESA VICTORY. (jl, )
3	Dec. 6, 2018	ORDER THAT PLAINTIFF'S 2 MOTION FOR CLASS CERTIFICATION IS DENIED WITHOUT PREJUDICE TO BE RENEWED UNDER A SCHEDULING ORDER AFTER WE DEFINE THE ISSUES NECESSARY TO BE RESOLVED FOR TRIAL ON EITHER AN INDIVIDUAL OR CLASS BASIS. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/6/18.12/6/18 ENTERED & E-MAILED.(fdc) (Entered: 12/06/2018)	RECAP
4	Dec. 7, 2018	MOTION for Preliminary Injunction filed by THERESA VICTORY.. (Attachments: # 1 Text of Proposed Order)(DAVY, JAMES) Modified on 12/10/2018 (afm, ). (STRICKEN PER ORDER 6 ) (Entered: 12/07/2018) 1 Text of Proposed Order View on PACER	RECAP
5	Dec. 7, 2018	Memorandum in Support re 4 MOTION for Preliminary Injunction filed by THERESA VICTORY. (Attachments: # 1 Exhibit)(DAVY, JAMES) (Entered: 12/07/2018) 1 Exhibit View on PACER	RECAP
6	Dec. 7, 2018	ORDER THAT PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (DOC. 4 ) IS STRICKEN WITHOUT PREJUDICE AS OUTLINED HEREIN. ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/7/2018.12/7/2018 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 12/07/2018)	RECAP
7	Dec. 11, 2018	AFFIDAVIT of Service by Karl Perkins re: served Complaint, Class Certification Motion/Brief, Preliminary Injunction Motion/Brief upon Berks County, Joanna Brown, C.O. Bauer, C.O. Brown, C.O. Zerr, C.O. Reichart, C.O. Drozack, Lieutenant Spotts, Lieutenant Weber, Captain Castro, Deputy Warden Stephanie Smith, Warden Joanna Quigley, County Commissioner Mark Scott, County Commissioner Kevin Barnhardt, County Commissioner, Christian Leinbach by personal on December 10, 2018 (FELDMAN, MATTHEW) (Entered: 12/11/2018)	RECAP
8	Dec. 11, 2018	MOTION for Leave to File Excess Pages filed by THERESA VICTORY.. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(FELDMAN, MATTHEW) (Entered: 12/11/2018) 1 Text of Proposed Order View on PACER 2 Certificate of Service View on PACER	RECAP
9	Dec. 11, 2018	MOTION for Preliminary Injunction filed by THERESA VICTORY.. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(FELDMAN, MATTHEW) (Entered: 12/11/2018) 1 Text of Proposed Order View on PACER 2 Certificate of Service View on PACER	RECAP
10	Dec. 11, 2018	Memorandum in Support re 9 MOTION for Preliminary Injunction filed by THERESA VICTORY. (Attachments: # 1 Exhibit, # 2 Certificate of Service)(FELDMAN, MATTHEW) (STRICKEN AS PER ORDER #12) (Entered: 12/11/2018) 1 Exhibit View on PACER 2 Certificate of Service View on PACER	RECAP
11	Dec. 11, 2018	ORDERED THAT PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (DOC. NO. 8) IS DENIED. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/11/18.12/11/18 ENTERED AND COPIES E-MAILED.(jpd, ) (Entered: 12/11/2018)	RECAP
12	Dec. 11, 2018	ORDERED THAT PLAINTIFF'S BRIEF (DOC. NO. 10) IS STRICKEN WITH LEAVE TO FILE A COMPLIANT MEMORANDUM IN SUPPORT OF HER MOTION FOR PRELIMINARY INJUNCTION (DOC. NO. 9) NO LATER THAN 12/13/18. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/11/18. 12/12/18 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED.(jpd, ) (Entered: 12/12/2018)	RECAP
13	Dec. 13, 2018	Memorandum in Support re 9 MOTION for Preliminary Injunction filed by THERESA VICTORY. (Attachments: # 1 Exhibit, # 2 Certificate of Service)(FELDMAN, MATTHEW) (Entered: 12/13/2018) 1 Exhibit View on PACER 2 Certificate of Service View on PACER	RECAP
14	Dec. 14, 2018	NOTICE of Appearance by MATTHEW J. CONNELL on behalf of KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR with Certificate of Service(CONNELL, MATTHEW) (Entered: 12/14/2018)	RECAP
15	Dec. 17, 2018	Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Telephone Conference held on 12/17/18 (jpd, ) (Entered: 12/17/2018)	RECAP
16	Dec. 17, 2018	ORDERED THAT MOTION IN LIMINE DUE BY 1/7/2019., DEFENDANTS SHALL RSPOND TO THE MOTION (DOC. NO. 9) DUE BY 12/28/2018., A HEARING ON PLAINTIFF'S REQUEST FOR PRELIMINARY INJUNCTION IS SET FOR 1/8/2019 10:00 A.M. IN COURTROOM 6-B BEFORE HONORABLE MARK A. KEARNEY. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/17/18. 12/18/18 ENTERED AND COPIES E-MAILED.(jpd, ) (Entered: 12/18/2018)	RECAP
17	Dec. 19, 2018	ORDERED THAT THE WARDEN OF BERKS COUNTY JAIL PRODUCE BEFORE THIS COURT PLAINTIFF THERESA VICTORY #2016-6253 ON 1/8/19 FOR AN INJUNCTION HEARING. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/19/18. 12/20/18 ENTERED AND COPIES E-MAILED. (jpd ) (Entered: 12/20/2018)	RECAP
18	Dec. 27, 2018	MOTION for Leave to File Excess Pages filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Certificate of Service.(CONNELL, MATTHEW) (Entered: 12/27/2018)	RECAP
19	Dec. 27, 2018	ORDER GRANTING 18 MOTION FOR LEAVE TO FILE EXCESS PAGES AND THE DEFENDANTS MEMORANDUM IN SUPPORT OF A MOTION TO DISMISS DUE NO LATER THAN DECEMBER 31, 2018, MAY NOT EXCEED TWENTY-FIVE PAGES WITH ANY RESPONSE ALSO NOT EXCEEDING TWENTY-FIVE PAGES. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/27/18. 12/28/18 ENTERED AND COPIES E-MAILED. (va, ) (Entered: 12/28/2018)	RECAP
20	Dec. 28, 2018	RESPONSE in Opposition re 9 MOTION for Preliminary Injunction with Affirmative Defenses filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. (CONNELL, MATTHEW) (Entered: 12/28/2018)	RECAP
21	Dec. 28, 2018	Memorandum in Opposition re 9 MOTION for Preliminary Injunction in Support of Response filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. (CONNELL, MATTHEW) (Entered: 12/28/2018)	RECAP
22	Dec. 28, 2018	CERTIFICATE OF SERVICE by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR re 21 Memorandum, (CONNELL, MATTHEW) (Entered: 12/28/2018)	RECAP
23	Dec. 31, 2018	MOTION to Dismiss Plaintiff's Complaint filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Certificate of Service.(CONNELL, MATTHEW) (Entered: 12/31/2018)	RECAP
24	Dec. 31, 2018	Memorandum in Support of Motion to Dismiss re 23 MOTION to Dismiss Plaintiff's Complaint by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. (Attachments: # 1 Certificate of Service) (CONNELL, MATTHEW) (Entered: 12/31/2018) 1 Certificate of Service View on PACER	RECAP
25	Jan. 3, 2019	MOTION to Continue filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Brief, Certificate of Service.(CONNELL, MATTHEW) (Entered: 01/03/2019)	RECAP
26	Jan. 3, 2019	REPLY to Response to Motion re 9 MOTION for Preliminary Injunction filed by THERESA VICTORY. (Attachments: # 1 Exhibit)(FELDMAN, MATTHEW) (Entered: 01/03/2019) 1 Exhibit View on PACER	RECAP
27	Jan. 4, 2019	ORDER THAT THE BERKS COUNTY DEFENDANTS' 25 MOTION FOR A CONTINUANCE IS DENIED. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/4/19.1/4/19 ENTERED & E-MAILED.(fdc) (Entered: 01/04/2019)	RECAP
28	Jan. 4, 2019	PRETRIAL MEMORANDUM by THERESA VICTORY Pre-Hearing Memo; Certificate of Service. (FELDMAN, MATTHEW) (Entered: 01/04/2019)	RECAP
29	Jan. 4, 2019	Memorandum re 9 MOTION for Preliminary Injunction Hearing filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. (CONNELL, MATTHEW) (Entered: 01/04/2019)	RECAP
30	Jan. 4, 2019	Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Telephone Conference held on 1/4/19 (jl, ) (Entered: 01/04/2019)	RECAP
31	Jan. 4, 2019	ORDERED THAT THE WARDEN OF THE BERKS COUNTY JAIL SYSTEM SHALL PRODUCE BEFORE THIS COURT THE BODY OF THE PLAINTIFF IN THE ABOVE CAPTIONED CIVIL ACTION TO APPEAR BEFORE THE UNDERSIGNED FOR AN INJUNCTION HEARING SET TO COMMENCE ON 1/10/19 AT 10:00 A.M. THIS HEARING IS RESCHEDULED FORM 1/8/19. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/4/19. 1/7/19 ENTERED AND COPIES E-MAILED(jpd, ) (Entered: 01/07/2019)	RECAP
32	Jan. 4, 2019	ORDERED THAT THE COURT'S ORDER DATED 12/17/18 IS AMENDED SOLEY TO REFLECT THTA THE HEARING FOR PRELIMINARY INJUNCTION IS SET FOR 1/10/2019 AT 10:00 A.M. IN COURTROOM 6-B BEFORE HONORABLE MARK A. KEARNEY.). SIGNED BY HONORABLE MARK A. KEARNEY ON 1/4/19. 1/7/19 ENTERED AND COPIES E-MAILED.(jpd, ) (Entered: 01/07/2019)	RECAP
33	Jan. 7, 2019	MOTION in Limine filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Memorandum of Law and Certificate of Service.(CONNELL, MATTHEW) (Entered: 01/07/2019)	RECAP
34	Jan. 8, 2019	RESPONSE in Opposition re 33 MOTION in Limine filed by Defendants filed by THERESA VICTORY. (FELDMAN, MATTHEW) (Entered: 01/08/2019)	RECAP
35	Jan. 8, 2019	ORDERED THAT DEFENDANTS MOTION IN LIMINE (DOC. NO. 33) IS DENIED SUBJECT TO RENEWAL AT OUR HEARING, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/8/19.1/9/19 ENTERED AND COPIES E-MAILED.(jpd, ) (Entered: 01/09/2019)	RECAP
36	Jan. 9, 2019	NOTICE of Appearance by SAMANTHA RYAN on behalf of KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR with Certificate of Service(RYAN, SAMANTHA) (Entered: 01/09/2019)	RECAP
37	Jan. 14, 2019	RESPONSE in Opposition re 23 MOTION to Dismiss Plaintiff's Complaint filed by THERESA VICTORY. (Attachments: # 1 Certificate of Service, # 2 Exhibit)(FELDMAN, MATTHEW) (Entered: 01/14/2019) 1 Certificate of Service View on PACER 2 Exhibit View on PACER	RECAP
38	Jan. 15, 2019	FINDINGS OF FACTS AND CONCLUSIONS OF LAW. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/15/19. 1/16/19 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED. (jpd)	RECAP
39	Jan. 15, 2019	ORDERED THAT PLAITNIFF'S MOTION FOR PRELIMINARY INJUNCTION (DOC. NO. 9) IS GRANTED AS OUTLINED HEREIN SIGNED BY HONORABLE MARK A. KEARNEY ON 1/15/19. 1/16/19 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED.(jpd ) (Main Document 39 replaced on 1/16/2019) (jpd, ). (Entered: 01/16/2019)	RECAP
40	Jan. 15, 2019	Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Motion Hearing held on 1/10/19 re 9 MOTION for Preliminary Injunction filed by THERESA VICTORY (jpd, ) (Entered: 01/16/2019)	RECAP
41	Jan. 16, 2019	MOTION for Reconsideration filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Certificate of Service.(CONNELL, MATTHEW) (Entered: 01/16/2019)	RECAP
42	Jan. 16, 2019	Memorandum in Support re 41 MOTION for Reconsideration by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (CONNELL, MATTHEW) (Attachment 6 replaced on 1/17/2019) (jpd, ). (Entered: 01/16/2019) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER	RECAP
43	Jan. 16, 2019	MOTION to Seal Document filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Certificate of Service. (Attachments: # 1 Brief)(CONNELL, MATTHEW) (Entered: 01/16/2019) 1 Brief View on PACER	RECAP
44	Jan. 16, 2019	MOTION to Stay filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Certificate of Service. (Attachments: # 1 Brief)(CONNELL, MATTHEW) (Entered: 01/16/2019) 1 Brief View on PACER	RECAP
	Jan. 16, 2019	Deposit of Funds
	Jan. 16, 2019	The sum of $ $100.00 deposited into the Registry of the Court. (jpd, )
45	Jan. 17, 2019	RESPONSE to Motion re 43 MOTION to Seal Document filed by THERESA VICTORY. (FELDMAN, MATTHEW) (Entered: 01/17/2019)	RECAP
46	Jan. 17, 2019	Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Telephone Conference held on 1/17/2019 (amas) (Entered: 01/17/2019)	RECAP
47	Jan. 17, 2019	AMENDED COMPLAINT against KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, JOHN DOE CORRECTIONAL SERGEANT, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR, filed by THERESA VICTORY, AMARA SANDERS, SAMANTHA HUNTINGTON, Jury Demand, Certificate of Service.(fdc) (Entered: 01/18/2019)	RECAP
48	Jan. 17, 2019	ORDERED THAT DEFENDANTS MOTION TO STAY (DOC. NO. 44) IS GRANTED IN PART AND WE STAY THE OBLIGATIONS OF PARAGRAPH ONE(1) OF OUR 1/15/19 ORDER UNTIL FURTHER ORDER OF THE COURT. DEFENDANTS MOTION TO FILE A VIDEOTAPE UNDER SEAL (DOC. NO. 43) IS DENIED WITHOUT PREJUDICE TO BE RENEWED FOLLOWING CONFERRING WITH PLAINTIFF'S, ETC. WE WILL HEAR ARGUMENT AND TESTIMONY ON DEFENDANTS MOTION FOR RECONSIDERATION ON 1/23/19 AT 10:00 A.M.. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/17/19.1/18/19 ENTERED AND COPIES E-MAILED.(jpd, ) (Entered: 01/18/2019)	RECAP
	Jan. 17, 2019	Set Motion and R&R Deadlines/Hearings
	Jan. 17, 2019	Set/Reset Deadlines as to 41 MOTION for Reconsideration . MOTION HEARING SET FOR 1/23/2019 10:00 AM IN COURTROOM BEFORE HONORABLE MARK A. KEARNEY. (jpd, )
49	Jan. 18, 2019	MOTION to Certify Class filed by SAMANTHA HUNTINGTON, AMARA SANDERS, THERESA VICTORY.Certificate of Service.(FELDMAN, MATTHEW) (Entered: 01/18/2019)	RECAP
50	Jan. 18, 2019	Memorandum in Support re 49 MOTION to Certify Class filed by SAMANTHA HUNTINGTON, AMARA SANDERS, THERESA VICTORY. (Attachments: # 1 Exhibit)(FELDMAN, MATTHEW) (Entered: 01/18/2019) 1 Exhibit View on PACER	RECAP
51	Jan. 18, 2019	ORDER THAT DEFENDANTS' 23 MOTION TO DISMISS IS DENIED AS MOOT. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/18/19.1/18/19 ENTERED & E-MAILED.(fdc) (Entered: 01/18/2019)	RECAP
52	Jan. 18, 2019	ORDER THAT PLAINTIFFS' RENEWED 49 MOTION FOR CLASS CERTIFICATION IS DENIED WITHOUT PREJUDICE TO BE RENEWED UNDER A SCHEDULING ORDER AFTER WE DEFINE THE ISSUES NECESSARY TO BE RESOLVED ON EITHER AN INDIVIDUAL OR CLASS BASIS BUT NOTHING IN THIS ORDER AFFECTS PLAINTIFFS' ABILITIES OR STANDING TO SEEK INJUNCTIVE OR DECLARATORY RELIEF AS TO THEIR STATUS. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/18/19.1/18/19 ENTERED & E-MAILED.(fdc) (Entered: 01/18/2019)	RECAP
53	Jan. 18, 2019	MOTION for Preliminary Injunction filed by SAMANTHA HUNTINGTON, AMARA SANDERS.Certificate of Service.(FELDMAN, MATTHEW) (Entered: 01/18/2019)	RECAP
54	Jan. 18, 2019	Memorandum in Support re 53 MOTION for Preliminary Injunction filed by SAMANTHA HUNTINGTON, AMARA SANDERS. (FELDMAN, MATTHEW) (Entered: 01/18/2019)	RECAP
55	Jan. 18, 2019	ORDER THAT THE PARTIES MAY IMMEDIATELY COMMENCE WRITTEN INJUNCTION DISCOVERY WITH ALL WRITTEN DISCOVERY REQUESTS ANSWERED WITHIN FOUR DAYS OF ELECTRONIC SERVICE, ETC. DEFENDANTS SHALL ANSWER THE MOTION FOR A PRELIMINARY INJUNCTION NO LATER THAN FEBRUARY 4, 2019. MINDFUL WE EVALUATED EXTENSIVE EVIDENCE ON JANUARY 10, 2019, WE WILL HEAR PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION ON FEBRUARY 11, 2019 AT 9:30 A.M. EACH PARTY SHALL FILE A PRE-HEARING MEMORANDUM ON OR BEFORE FEBRUARY 5, 2019 NOT EXCEEDING 10 PAGES IDENTIFYING THE THEMES OF THEIR INJUNCTION PRESENTATION, PROPOSED WITNESS LIST WITH OFFERS OF PROOF, ADMISSIONS FROM THE JANUARY 10, 2019 HEARING AND DOCUMENTS THEY WISH TO INTRODUCE AT THE HEARING AND THE PARTIES MAY FILE MOTIONS IN LIMINE NO LATER THAN 6:00 PM EST ON FEBRUARY 7, 2019. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/18/19. 1/18/19 ENTERED AND COPIES E-MAILED.(td, ) Modified on 1/23/2019 (lvj, ). (Entered: 01/18/2019)	RECAP
	Jan. 18, 2019	Set Motion and R&R Deadlines/Hearings
	Jan. 18, 2019	Set/Reset Deadlines as to 53 MOTION for Preliminary Injunction .MOTION IN LIMINE DUE BY 2/7/2019. RESPONSES DUE BY 2/4/2019. MOTION HEARING SET FOR 2/11/2019 09:30 AM IN COURTROOM BEFORE HONORABLE MARK A. KEARNEY. (td, )
56	Jan. 22, 2019	RESPONSE in Opposition re 41 MOTION for Reconsideration filed by THERESA VICTORY. (Attachments: # 1 Exhibit)(FELDMAN, MATTHEW) (Entered: 01/22/2019) 1 Exhibit View on PACER	RECAP
57	Jan. 22, 2019	ORDER THAT THE WARDEN FOR BERKS COUNTY JAIL PRODUCE BEFORE THIS COURT THE BODY OF THERESA VICTORY, 2016-6253 ON MONDAY, 2/11/19 AT 9:30 A.M. BEFORE THE HONORABLE MARK A. KEARNEY TO APPEAR FOR AN INJUNCTION HEARING IN THE ABOVE-CAPTIONED MATTER IN THE U.S. DIST. COURT, 601 MARKET ST., PHILA., PA IN COURTROOM 6B, 6TH FLOOR, AND IMMEDIATELY UPON TERMINATION OF THE HEARING, SHE BE DELIVERED INTO THE CUSTODY OF THE WARDEN OF BERKS COUNTY JAIL.. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/22/19. 1/22/19 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, ) (Entered: 01/22/2019)	RECAP
58	Jan. 22, 2019	ORDER THAT THE WARDEN FOR BERKS COUNTY JAIL PRODUCE BEFORE THIS COURT THE BODY OF AMARA SANDERS, 2017-6293 ON MONDAY, 2/11/19 AT 9:30 A.M. BEFORE THE HONORABLE MARK A. KEARNEY TO APPEAR FOR AN INJUNCTION HEARING IN THE ABOVE-CAPTIONED MATTER IN THE U.S. DIST. COURT, 601 MARKET ST., PHILA., PA IN COURTROOM 6B, 6TH FLOOR, AND IMMEDIATELY UPON TERMINATION OF THE HEARING, SHE BE DELIVERED INTO THE CUSTODY OF THE WARDEN OF BERKS COUNTY JAIL.. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/22/19. 1/22/19 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, ) (Entered: 01/22/2019)	RECAP
59	Jan. 22, 2019	ORDER THAT THE WARDEN FOR BERKS COUNTY JAIL PRODUCE BEFORE THIS COURT THE BODY OF SAMANTHA HUNTINGTON, 2017-5744 ON MONDAY, 2/11/19 AT 9:30 A.M. BEFORE THE HONORABLE MARK A. KEARNEY TO APPEAR FOR AN INJUNCTION HEARING IN THE ABOVE-CAPTIONED MATTER IN THE U.S. DIST. COURT, 601 MARKET ST., PHILA., PA IN COURTROOM 6B, 6TH FLOOR, AND IMMEDIATELY UPON TERMINATION OF THE HEARING, SHE BE DELIVERED INTO THE CUSTODY OF THE WARDEN OF BERKS COUNTY JAIL.. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/22/19. 1/22/19 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, ) (Entered: 01/22/2019)	RECAP
60	Jan. 23, 2019	Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Motion Hearing held on 1/23/19 re (41) MOTION for RECONSIDERATION Court Reporter: SUZANNE WHITE. (jl, ) (Entered: 01/23/2019)	RECAP
61	Jan. 25, 2019	ORDERED THAT DEFENDANTS MOTION FOR RECONSIDERATION (DOC. NO. 41) IS GRATNED IN PART AS OUTLINED HEREIN. ON OR BEFORE 1/28/19 6:00 P.M. EST BERKS COUNTY THROUGH WARDEN QUIGLEY SHALL COMPLY WITH THE OBLIGATIONS OF OUR 1/15/19 ORDER BY FILING A PLAN WITH THIS COURT DESCRIBING CONSTITUTIONAL PROTECTIONS DEFINED IN OUR 1/15/19 ORDER IT WILL PROVIDE MS. VICTORY AFTER HER DISCIPLINARY SEGREGRATION EXPIRES ON 1/29/19. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/25/19. 1/25/19 ENTERED AND COPIES E-MAILED.(jpd, ) (Entered: 01/25/2019)	RECAP
62	Jan. 25, 2019	AMENDED ORDER THAT DEFTS' MOTION FOR RELIEF (ECF NO. 41) IS GRANTED IN PART AND DENIED IN PART; DEFTS' MOTION FOR RELIEF IS GRANTED TO CORRECT OUR INACCURATE FINDING OF THE PUBLICATION DATAE OF THE NEWSPAPER ARTICLE CONCERNING PLFF'S LAWSUIT IN THE READING EAGLE; ON OR BEFORE 6:00 PM EST ON 1/28/19, BERKS COUNTY, THORUGH WARDEN QUIGLEY, SHALL COMPLY WITH THE OBLIGATIONS OF OUR 1/15/19 ORDER; DEFTS' MOTION FOR RELIEF (ECF DOC. NO. 41) IS OTHERWISE DENIED.. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/25/19. 1/25/19 ENTERED AND COPIES E-MAILED TO COUNSEL. (Entered: 01/25/2019)	RECAP
63	Jan. 28, 2019	MOTION for Relief Under 60B filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Memorandum of Law, Certificate of Service.(CONNELL, MATTHEW) (Entered: 01/28/2019)	RECAP
64	Jan. 28, 2019	AFFIDAVIT in Support re 62 Order,, by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. (CONNELL, MATTHEW) (Entered: 01/28/2019)	RECAP
65	Jan. 29, 2019	MOTION for Leave to File Excess Pages filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Certificate of Service.(CONNELL, MATTHEW) (Entered: 01/29/2019)	RECAP
66	Jan. 29, 2019	ORDERED THAT DEFENDANTS MOTION FOR LEAVE (DOC. NO.65) IS GRANTED IN PART AND THE DEFENDANTS MEMORANDUM IN SUPPORT OF A MOTION TO DISMISS MAY NOT EXCEED TWENTY-FIVE(25) PAGES WITH ANY TIMELY RESPONSE ALSO NOT TO EXCEED TWENTY-FIVE(25) PAGES. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/29/19. 1/30/19 ENTERED AND COPIES E-MAILED. (jpd ) (Entered: 01/30/2019)	RECAP
67	Jan. 31, 2019	RESPONSE in Opposition re 63 MOTION for Relief Under 60B filed by THERESA VICTORY. (Attachments: # 1 Exhibit)(FELDMAN, MATTHEW) (Entered: 01/31/2019) 1 Exhibit View on PACER	RECAP
68	Jan. 31, 2019	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Memorandum of Law in Support and Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum, # 3 Certificate of Service)(CONNELL, MATTHEW) (Entered: 01/31/2019) 1 Text of Proposed Order View on PACER 2 Memorandum View on PACER 3 Certificate of Service View on PACER	RECAP
69	Feb. 4, 2019	RESPONSE in Opposition re 53 MOTION for Preliminary Injunction and Brief in Support Thereof filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(CONNELL, MATTHEW) (Entered: 02/04/2019) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER	RECAP
70	Feb. 5, 2019	PRETRIAL MEMORANDUM by SAMANTHA HUNTINGTON, AMARA SANDERS Pre-Hearing Memo; Certificate of Service. (FELDMAN, MATTHEW) (Entered: 02/05/2019)	RECAP
71	Feb. 5, 2019	PRETRIAL MEMORANDUM by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR Certificate of Service. (CONNELL, MATTHEW) (Entered: 02/05/2019)	RECAP
72	Feb. 6, 2019	NOTICE OF APPEAL as to 61 Order on Motion for Reconsideration,, 39 Order (Memorandum and/or Opinion), by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. Copies to Judge, Clerk USCA, Appeals Clerk . (CONNELL, MATTHEW) Modified on 2/7/2019 (nd, ). (Entered: 02/06/2019)	RECAP
73	Feb. 6, 2019	AMENDED DOCUMENT by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. Amendment to 72 Notice of Appeal, 61 Order on Motion for Reconsideration,, 39 Order (Memorandum and/or Opinion), . (CONNELL, MATTHEW) (RE-FILED USING CORRECT EVENT) Modified on 2/7/2019 (nd, ). (Entered: 02/06/2019)	RECAP
74	Feb. 6, 2019	REPLY to Response to Motion re 53 MOTION for Preliminary Injunction filed by SAMANTHA HUNTINGTON, AMARA SANDERS. (Attachments: # 1 Exhibit, # 2 Exhibit)(FELDMAN, MATTHEW) (Entered: 02/06/2019) 1 Exhibit View on PACER 2 Exhibit View on PACER	RECAP
75	Feb. 6, 2019	AMENDED NOTICE OF APPEAL by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR. Copies to Judge, Clerk USCA, Appeals Clerk. (RE-FILED DOCUMENT 73 USING THE CORRECT EVENT)(nd, ) (Entered: 02/07/2019)	RECAP
76	Feb. 7, 2019	MOTION in Limine to Preclude Evidence filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Memorandum, Certificate of Service.(CONNELL, MATTHEW) (Entered: 02/07/2019)	RECAP
77	Feb. 7, 2019	MOTION in Limine filed by SAMANTHA HUNTINGTON, AMARA SANDERS.Certificate of Service. (Attachments: # 1 Memorandum)(FELDMAN, MATTHEW) (Entered: 02/07/2019) 1 Memorandum View on PACER	RECAP
78	Feb. 8, 2019	NOTICE of Docketing Record on Appeal from USCA re 75 Notice of Appeal, filed by REICHART, KEVIN S. BARNHARDT, STEPHANIE SMITH, WEBER, BERKS COUNTY, CHRISTIAN Y. LEINBACH, ZERR, CASTRO, JOANNA BROWN, BROWN, JANINE L. QUIGLEY, BAUER, DROZACK, MARK C. SCOTT, SPOTTS. USCA Case Number 19-1329 (dmc, ) (Entered: 02/08/2019)	RECAP
79	Feb. 8, 2019	MOTION to Stay re 53 MOTION for Preliminary Injunction, 55 Order,,, filed by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.Memorandum, Certificate of Service.(CONNELL, MATTHEW) (Entered: 02/08/2019)	RECAP
80	Feb. 8, 2019	Exhibit List Supplemental by KEVIN S. BARNHARDT, BAUER, BERKS COUNTY, BROWN, JOANNA BROWN, CASTRO, DROZACK, CHRISTIAN Y. LEINBACH, JANINE L. QUIGLEY, REICHART, MARK C. SCOTT, STEPHANIE SMITH, SPOTTS, WEBER, ZERR.. Certificate of Service (CONNELL, MATTHEW) (Entered: 02/08/2019)	RECAP
81	Feb. 8, 2019	RESPONSE in Opposition re 76 MOTION in Limine to Preclude Evidence filed by SAMANTHA HUNTINGTON, AMARA SANDERS. (DAVY, JAMES) (Entered: 02/08/2019)	RECAP
84	Feb. 8, 2019	ORDERED THAT BERKS COUNTY DEFENDANTS MOTION TO STAY (DOC. NO. 79) IS DENIED. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/8/19. 2/11/19 ENTERED AND COPIES MAILED AND E-MAILED.(jpd, ) (Entered: 02/11/2019)	RECAP
85	Feb. 8, 2019	ORDER of USCA as to 72 Notice of Appeal, filed by REICHART, KEVIN S. BARNHARDT, STEPHANIE SMITH, WEBER, BERKS COUNTY, CHRISTIAN Y. LEINBACH, ZERR, CASTRO, JOANNA BROWN, BROWN, JANINE L. QUIGLEY, BAUER, DROZACK, MARK C. SCOTT, SPOTTS, 75 Notice of Appeal, filed by REICHART, KEVIN S. BARNHARDT, STEPHANIE SMITH, WEBER, BERKS COUNTY, CHRISTIAN Y. LEINBACH, ZERR, CASTRO, JOANNA BROWN, JANINE L. QUIGLEY, BROWN, BAUER, DROZACK, MARK C. SCOTT, SPOTTS. Re: Order that the above-entitled appeal(s) is (are) stayed pending disposition of the motion. The parties are directed to file written reports addressing the status of the pending motion on 3/11/19 and every thirty (30) days thereafter until the last motion is decided. The stay will automatically expire upon entry of the order disposing of the last post-decision motion. (fdc) (Entered: 02/11/2019)	RECAP
82	Feb. 11, 2019	ORDERED THAT THE PLAINTIFF'S MOTION IN LIMINE (DOC. NO. 77) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/11/19. 2/11/19 ENTERED AND COPIES E-MAILED. (jpd ) (Entered: 02/11/2019)	RECAP
83	Feb. 11, 2019	ORDERED THAT DEFENDANTS MOTION IN LIMINE (DOC. NO. 76) IS DENIED WITHOUT PREJUDICE TO MOVE TO PRECLUDE INQUIRY INTO AREAS UNRELATED TO MS. HUNTINGDON'S AND MS. SANDER'S REQUEST FOR INJUNCTIVE RELIEF. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/11/19.2/11/19 ENTERED AND COPIES E-MAILED.(jpd, ) (Main Document 83 replaced on 2/15/2019) (jpd, ). (Entered: 02/11/2019)	RECAP
86	Feb. 11, 2019	CERTIFIED COPY OF ORDER FROM USCA #19-1329 THAT THE ABOVE ENTITLED APPEAL IS STAYED PENDING DISPOSITION OF THE MOTION PENDING IN THE DISTRICT COURT. THE PARTIES ARE DIRECTED TO FILE WRITTEN REPORTS ADDRESSING THE STATUS OF THE PENDING MOTION ON 3/11/19 AND EVERY THIRTY (30) DAYS THEREAFTER UNITL THE LAST MOTION IS DECIDED. THE STAY WILL AUTOMATICALLY EXPIRE UPON THE ENTRY OF THE ORDER DISPOSING OF THE LAST POST DECISION MOTION. (jpd, ) (Entered: 02/11/2019)	RECAP
87	Feb. 11, 2019	Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Motion Hearing held on 2/11/19 re 53 MOTION for Preliminary Injunction filed by SAMANTHA HUNTINGTON, AMARA SANDERS Court Reporter: SUZANNE WHITE. (jpd, ) (Entered: 02/12/2019)	RECAP
	Feb. 12, 2019	USCA Appeal Fees received $ 505 receipt number 192361 re 75 Notice of Appeal, filed by REICHART, KEVIN S. BARNHARDT, STEPHANIE SMITH, WEBER, BERKS COUNTY, CHRISTIAN Y. LEINBACH, ZERR, CASTRO, JOANNA BROWN, BROWN, JANINE L. QUIGLEY, BAUER, DROZACK, MARK C. SCOTT, SPOTTS (fdc, )
	Feb. 12, 2019	USCA Appeal Fees
88	Feb. 13, 2019	Transcript of Preliminary Injunction Hearing held on 1/10/19, before Judge Kearney. Court Reporter/Transcriber Suzanne R. White, CM. (fdc) (Entered: 02/13/2019)	RECAP

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Case Details

State / Territory:

Pennsylvania

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 30, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs in this case are a class of women incarcerated in the Berks County (Pennsylvania) Jail. They are classified at the lowest security classification the jail system has, and are thus eligible for lower-security housing. Men housed in the jail system enjoy lower-security housing; however, the women do not.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Pennsylvania Institutional Law Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

Berks County

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

State law

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Other Dockets:

Eastern District of Pennsylvania 5:18-cv-05170

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Preliminary relief denied

Preliminary relief granted

Amount Defendant Pays: $510,000

Issues

General/Misc.:

Classification / placement

Conditions of confinement

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

Jails, Prisons, Detention Centers, and Other Institutions:

Work release or work assignments

Recommended Citation

Case Summary of Victory v. Berks County, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/17380/ (last updated 6/15/2020).