Appendix — Irene Pernsley v. Martin Harris

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IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF PENNSYLVANIA

MARTIN HARRIS, ALBERT ANTHONY,

ORLANDO X. MCCREA, ANDRE MOORE,

FRANK C. HANSFORD, JR., TYRONE GLENN,

CARLOS ROYSTER, AMIN ABDULLAH,

KHALID ALLAH MUHAMMAD, and

ARNOLD FURTICK,

Plaintiffs,

Vv.

IRENE PERNSLEY, individually and in

her official capacity as Welfare

Commissioner of the City of

Philadelphia,

ROYAL L. SIMS, REV. ALBERT CAMPBELL,

LABORA BENNETT, JAMES BARBER,

MARK MENDEL, DONALD PADOVA, each

individually and in his or her

official capacity as a member of

the Board of Trustees of the

Philadelphia Prison Systen,

DAVID S. OWENS, individually and

in his official capacity as

Superintendent of the Philadelphia

Prison Systen,

JOHN DAUGHEN, individually and

in his official capacity as

Warden of Holmesburg Prison,

RODNEY D. JOHNSON, individually and

in his official capacity as

Managing Director of the City

of Philadelphia,

HON. WILLIAM J. GREEN, individually

and in his official capacity as

Mayor of the City of Philadelphia,

CITY OF PHILADELPHIA,

JAY C. WALDMAN, individually and in

his official capacity as General

Counsel for the Commonwealth of

Pennsylvania, and

RONALD J. MARKS, individually and in

his official capacity as

Commissioner of the Pennsyivania

Bureau of Corrections,

Defendants. CLASS ACTION

AMENDED COMPLAINT

PLAINTIFFS

1. Plaintiff Martin Harris, a/k/a Arthur Carmichael,

is an adult individual who was an inmate at the Holmesburg

Prison from April, 1980, until November 24, 1982.

2. Plaintiff Albert Anthony is an adult individual

who was an inmate at the Holmesburg Prison from November 6,

1981, until June 25, 1982.

3. Plaintiff Orlando X. McCrea is an adult

individual who has been an inmate at Holmesburg Prison since

October, 1961.

4. laintiff Andre Moore is an adult individual

who was incarcerated at Holmesburg Prison at the time this

action was commenced.

Ss. Plaintiff Frank C. Hansford, Jr. is an adult

individual who was an inmate at Holmesburg Prison from May,

1981, until June 29, 1982.

6. Plaintiff Tyrone Glenn is an adult individual

who was an inmate at the Holmesburg Prison from September,

1980, until July 23, 1962.

who Was am inmate at the Holmesburg Prison from February

1961, until July 23, 1982

who has been am inmate at Holmesburg Prison since December

1961

;

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’

;

‘

;

‘

;

individual who was an inmate at Holmesburg Prison from

February, 1962, umtil June 5. 1962.

1A ’ snes €F - ‘A =. 7 Ann SmAas ees A

10. Plaintiff Arnold Furtick is an adult individual

who was an inmate at Holmesburg Prison from April, 1981

until May 24, 1982.

DEFENDANTS

ll. Defendant Irene Pernsley is Welfare Commis-

sioner of the City of Philadelphia, in which capacity she

directs the operation of the Department of Public Welfare

The Department of Public Welfare has general supervisory

powers over all city correctional institutions and has th

responsibility for determining the capacity of city institu-

tions and for recommending changes in prison practices. 351

Pa. Code §5.5-700.

12. Defendant Royal L. Sims is the Chairman of

the Board of Trustees of the Philadelphia Prison Systen.

The Board of Trustees directs and controls the management of

the institutions within the Philadelphia Prison System. 351

Pa. Code §5.5-701.

13. Defendants Rev. Albert Campbell, Labora

Bennett, James Barber, Mark Mendel and Donald Padova are

members of the Board of Trustees of the Philadelphia County

Prisons.

14. Defendant David S$. Owens is the Superintendent

of the Philadelphia Prison Systen.

1S. Defendant John Daughen is Warden of Holmesburg

Prison, a@ prison in the Philadelphia Prison Systen.

16. Defendant Rodney D. Johnson is Managing

Director of the City of Philadelphia.

17. Defendant William J. Green is the Mayor of

the City of Philadelphia.

18. Defendant City of Philadelphia is a Pennsyl-

vania City of the First Class with independent powers of

governance authorized by 53 P.S. §13101 et seg. and embodied

in its Home Rule Charter, Title 351 of the Pennsylvania

Code.

19. Defendant Jay C. Waldman is General Counsel

for the Commonwealth of Pennsylvania. As General Counsel,

his duties include establishing standards for county jails

and prisons, including standards for physical facilities,

and inspecting said jails and prisons in order to determine

———=—EEEEE SS - —— — = — — —_ -

their eligibility to receive prisoners sentenced to maximum

terms of six months or more but less than five years. 61

P.S. §460.3(3), (4) (Supp. 1982-83); 71 P.S. §732-502 (Supp

1962-83).

20. Defendant Ronald J. Marks is the Commissioner

of the Pennsylvania Bureau of Corrections.

21. Each defendant has personal responsibility

for some aspect of the supervision and maintenance of Holmesburg

Prison, including the establishment and enforcement of

standards pertaining to the physical characteristics of the

institution, inmate population and security, and correctional

programs of treatment, education and rehabilitation.

JURISDICTION AND VENUE

22. The Court has jurisdiction over the subject

matter of this action by virtue of 26 U.S.C. §1343(a)(4)

this being an action seeking declaratory, injunctive, and

monetary relief under an Act of Congress providing for the

protection of civil rights.

23. Venue in this judicial district is proper by

virtue of 28 U.S.C §1391(b), in that the claim arose in the

Eastern District of Pennsylvania.

CLASS ALLEGATIONS

24. Plaintiffs seek to maintain this action as 4

class action pursuant to Fed.R.Civ.P. 23(D)(2) They bring

this action on their own behalf and as representatives of a

class consisting of all persons who have been inmates of

Holmesburg Prison since April 30, 1980, and on behalf of all

future inmates of Holmesburg Prison. Plaintiffs estimate

that there are more than 1000 inmates at Holmesburg at any

given time and that this figure alone constitutes a class of

sufficient numerosity as to make joinder impracticable.

25. All of the named plaintiffs are individuals

who were inmates at Holmesburg Prison at the time of the

commencement of this action, and plaintiffs McCrea and

Abdullah are currently incarcerated at Holmesburg Prison.

The plaintiffs' claims are not only typical of, but also

coextensive with, the claims of the class.

26. The major questions of law and fact in this

proceeding involve determinations of whether overcrowding at

Holmesburg Prison has created conditions of confinement

constituting cruel and unusual punishment in violation of

the Eighth and Fourteenth Amendments to the Constitution of

the United States. These questions are common to the class

which plaintiffs seek to represent.

27. Plaintiffs will fairly and adequately repre-

sent the interests of the other members of the class. The

interests of plaintiffs coincide with, and are not antagon-

istic to, those of the other members of the class, and

plaintiffs are represented by capable counsel.

28. The grounds on which defendants have acted

and failed or refused to act are the grounds generally

applicable to the class, making final injunctive and declar-

atory relief appropriate to the class as a whole

29. Plaintiffs' requests for declaratory and

injunctive relief predominate over their claims for monetary

damages.

BACKGROUND OF JUDICIAL CONSIDERATION

OF CONDITIONS AT HOLMESBURG PRISON

30. Bolmesburg Prison is one of three county

prisons which make up the Philadelphia Prison System In

February, 1971, five prisoners in the Philadelphia Prison

System filed a class action in equity in the Court of Common

Pleas of Philadelphia County requesting injunctive relief

from conditions of confinement in the Philadelphia county

prisons which violated their constitutional and statutory

rights. This action was entitled Jackson v. Hendrick,

February Term, 1971, No. 2437. The Jackson defendants

included prison and other city officials and the City of

Philadelphia itself (hereinafter referred to as the “Jackson

defendants").

31. Om April 7, 1972, following a lengthy triai,

the three-judge court en banc in Jackson v. Hendrick handed

down a 264-page Opinion and Decree Nisi holding that the

conditions in the Philadelphia county prisons violated the

rights of the inmates under the United States and Pennsylvania

Constitutions and under certain state statutes.

32. <A final Decree was entered on June 7, 1972,

affirming the Opinion and Decree Nisi. The decree was

upheld on appeal in Hendrick v. Jackson, 10 Pa. Cmnwith.

Ct. 392, 309 A.2d 187 (1973) and Jackson v. Hendrick, 457

Pa. 405, 321 A.2d 603 (1974).

33. In 1976, the three-judge court in Jackson v.

Hendrick issued its first remedial decree which established,

inter alia, a maximum capacity for the Philadelphia Prison

System. On appeal, this provision and all other contested

aspects cf the first remedial decree were affirmed per

curiam by the Commonwealth Court. Hendrick v. Jackson, No.

1385 C.D. 1976 (Pa. Cmwlth. Ct. October 17, 1977).

34. In 1977, the Jackson parties entered into a

consent decree (Stipulation and Agreement I) in which the

Jackson defendants agreed to implement substantially the

same maximum capacity figures and other related details thet

had been established by the Jackson court in its first

remedial decree. A true and correct copy of Stipulation and

Agreement I is attached hereto as Exhibit A and incorporated

herein by reference as if fully set forth.

3s Paragraph 7 f Stipulation and Agreement

the defendants shall set 4 maximum

capacity for each of the three institu-

tions for the purpose of maintaining the

population at no greater than the rated

Level For Bolmesburg, the capacity

shail not exceed the number of usabie

cells

36 Paragraph 9 of Stipulation and Agreement

provides, in pertinent part, hat

the defendants shall house each inmate

in the three institutions in a cell

alone, except in instances where two

inmates have signed voluntarily and

without coercion a written consent fo

indicating a desire on the part of both

individuals to share a cell, or in the

case of emergencies certified to th

Court by the Superintendent of Prisons

for a period not to exceed twenty (20)

days

37 In December, 1977, the Jackson defendants

were heic in contempt of court and fined a total of $325,000.0¢

for failure to comply with numerous aspects of Stipulation

and Agreement |!

38 Since 1977, the Jackson parties have entered

into four additional consent decrees A true and correct

copy of each of the successive consent decrees tipulationr

and Agreement II, III, IV and 7, respectively, is attached

hereto as Exhibits B-E and incorporated herein by reference

as if fully set forth

39. The last of these decrees, Stipulation and

Agreement V, was approved by the Court of Common Pleas on

December 21, 1962.

PHYSICAL PLANT AT HOLMESBURG PRISON

40. Bolmesburg Prison is a maxiaum security

institution which first housed inmates in 1896. The Prison

consists of ten cell blocks radiating from a central core

Each cellblock contains approximately seventy cells. Each

cell is approximately twelve feet long by nine feet wide,

with an arched ceiling about ten or twelve feet high at the

center of the arch. Each cell can accommodate properly a

single inmate only.

CROWDING AT HOLMES RISON

41 The maximum capacity permitted at Solmesburg

Prison under current court order is approximately 700 At

all times since April 30, 1960, the inmate population of

Bolmesburg Prison has exceeded 700 by a substantial amount

The current population at Bolmesburg is approximately 1300,

Or approximately 600 more inmates than may lawfully be

incarcerated there.

42. As @ Girect and proximate result of the

overcrowding alleged in paragraph 41, two and sometines

three inmates are housed in a cell designed for a single

person.

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43. As a direct and proximate result of the

overcrowding alleged in paragraph 41, plaintiffs have been

subjected to, and injured by, the following deficiencies in

Bolmesburg Prison:

(a) imadequate screening of incoming

inmates resulting in especially violent

or chronic offenders being placed in the

general population;

(b>) wumsanitary preparation and

service of food;

(a) wunemptied trash cans and

accumulation of trash and litter;

(e) lack of storage space for

personal belongings, resulting in loss

through theft, and exposure to dripping

water, dirt, and rodents;

(f) lack of sufficient bedding,

towels, and toiletries;

(g) insufficient emergency exits

and training of inmates regarding safe

exit in case of fire;

(h) reduced or inadequate access

to (1) recreational facilities; (2) work

assignments; (3) educational programs;

(4) library and library books; (5) legal

materials; (6) religious services; and

(7) telephones;

(i) impairment of visitation

rights, including visits by legal counsel

to inmates.

44. As a direct and proximate result of the

overcrowding alleged in paragraph 41, plaintiffs have been

subjected to physical and psychological injury from violent

attacks, sexual assaults, and threats of physical violence

by other inmates.

45. The conditions which were the subject of the

Original decree in Jackson v. Hendrick, including overcrowding

and the deprivations resulting therefrom, have continued to

obtain without material change into the period from April

30, 1980, to the date of this amended complaint, despite the

remedial decrees and consent decrees addressed to these very

conditions.

COUNT ONE

46. Plaintiffs incorporate herein by reference

the allegations of paragraphs 1-45, inclusive, as if fully

set forth.

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47. Each of the defendants, with full knowledge

of the existence of unconstitutional conditions of confine-

ment at Holmesbur °rison, has acted or failed to act in

such a way as t_ .ontinue and exacerbate the overcrowding

and resulting unconsti. ational conditions at Holmesburg.

48. As a direct result of the overcrowding at

Holmesburg and the resulting deprivation of services and

subjection of plaintiffs to injurious, unsafe, unsanitary,

hostile, and degrading conditions, the defendants have

deprived plaintiffs of rights guaranteed to them by the

Eighth and Fourteenth Amendments to the United States Con-

stitution in violation of 42 U.S.C. §1983.

WHEREFORE, plaintiffs pray that the Court enter

judgment against the defendants and in favor of plaintiffs

declaring the conditions of confinement at Holmesburg Prison

to be unconstitutional and enjoining the defendants from

continuing to incarcerate plaintiffs under unconstitutional

conditions. Plaintiffs further pray that the Court enter

judgments of monetary damages against defendants and in

favor of plaintiffs to redress the violation of plaintiffs'

constitutional rights stated herein, award to the plaintiffs

their costs and attorneys' fees, and provide such other

relief which the Court deems appropriate.

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COUNT Two

49. Plaintiffs incorporate herein by reference

the allegations of paragraphs 1-48, inclusive, as if fully

set forth.

50. The provisions of the consent decrees which

arose out of the Jackson v. Hendrick case, and in particular

Paragraphs 7 and 9 of Stipulation and Agreement I, entitle

each member of the plaintiff class in Jackson v. Hendrick

(which includes the entire plaintiff class herein) to be

placed in an prison environment free from unconstitutional

conditions and to be housed in a cell alone while incarcerated

at Holmesburg Prison.

51. Defendant City of Philadelphia has failed to

fulfill the requirements of said consent decrees relating to

the housing of inmates and associated problems.

52. Defendant City of Philadelphia, through

adoption of a pattern or practice reflecting official policy,

has deprived plaintiffs of fundamental and significant

liberty interests without due process of law, in contraven-

tion of the Fourteenth Amendment to the U.S. Constitution

and in violation of 42 U.S.C. §1983.

WHEREFORE, plaintiffs pray that the Court cuter

judgment against Defendant City of Philadelphia and in favor

of plaintiffs declaring the City of Philadelphia in violation

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of the five consent decrees issued in Jackson v. Hendrick,

declaring such violation unconstitutional, enjoining the

City of Philadelphia from continued violation of said decrees,

and rewarding plaintiffs monetary damages, costs and attorneys’

fees, and such other relief which the court deems appropriate

COUNT THREE

53. Plaintiffs incorporate herein by reference

the allegations of paragraphs 1-52, inclusive, as if fully

set forth.

54. Defendants Waldman and Marks, by classifying

the Philadelphia county prisons as elig’ ble to receive

prisoners sentenced to maximum terms of six months or more

but less than five years, notwithstanding Holmesburg Prison's

unconstitutional conditions, have subjected said prisoners

to a deprivation of rights guaranteed to them by the Eighth

and Fourteenth Amendments to the United States Constitution

in violation of 42 U.S. C. §1983.

WHEREFORE, plaintiffs pray that the Court enter

judgment against defendants Waldman and Marks and in favor

of plaintiffs declaring that the classification of the

Philadelphia county prisons by defendants Waldman and Marks

as eligible to receive prisoners sentenced to maximum terms

of six months or more but less than five years has subjected

those prisoners to unconstitutional conditions at Holmesburg

Said Classification Of the Philadelphia county Prisons.

Plaintiffs further Pray that the Court enter Judgments of

favor of Plaintires to Tedress the Violation of Plaintifgs:

©OnStitutions) Tights Stated herein, @ward to the Plaintifrrs

their Costs and attorneys’

Telier which the Court deems appr

Attorneys for Plaintirrs

MARTIN BARRIS. et al.

GERALD JACKSON, et al COURT oF COiv40ON PLEAS

Plaintiffs : TRIAL DIVISION

a :

Vv. : FEBRUARY TERM, 1971

: NO. 2437

EDwWARr J. HENDRICK, @t al : COMPLAINT ry Equity

De fendan ts : (CLASS ACTION)

~«—,

(irwarien D AGREZeNT (Z)

TO THE HONORABLE LODORE 8. SMITH, JR., cup y WOPRABLE ROBERT wy.

WILLIAMS, IR., typ HONORABLE Paur 4 DANDRIDGE, Juncrs OF te

COURT OF ‘ COMmony PLEAS oF PHILADELPHIA County -

AND Now, the SH day of February, 1977, the Patties to

this *ction, by their undersigned attorneys, hereby Stipulate ard

2. The Court will retain J¥risdiction Of the Pérties ana of

the Cause of *ction.

2. The defendants *gree to limit their Presently Pending

*“ppeal in the Commonweal th Court (No, 1385 ¢.p. 1976) to Para-

a v7 °

of “ether the “aste. as @xcoeded his cuties i. “Dis metter.

4. The plaintiffs *gree to withdraw their request for

sccurity, filed october 1, 1976, ana which is Presently pending

before the Court.

5. The defendants asree not *o appeal the modification of

the supersodeas granted by Order of this Court on November 24, 1976.

6. The parties *gree that the Provisions of this Stipulation

and Agreement shall have the full force ana effect of @ final Order

of this Court and that any violation of this Stipulation and Agreement

7. Within thirty (30) Gays of the date of this Stipulation and

Agreement, the defendants Shall set « maximus capecity for each of

the three institutions for the purpose of maintaining the Population

#t moO greater than the rated level. For the Hous* of Correction and

Holmesburg, the capacity shall not exceed the numbe: of Usable cells.

For the Detention Center, the Capecity shall not exceed the number

of usable cells Plus the number of beds originally Projected for

each dormitory area. The defendants shall report these capacity

figures to the Master within thirty (30) days.

8. Within sixty (60) Gays of the date of this Stipulation and

cells into adequate housing units within the -ated capacity level.

9. By July 1, i977, the defendants Shall house each inmate

in the three institutions in a cell alone, except in instances

where two inmates have signed voluntarily and without coercion

a written consent form indicating a desire on the part of both

individuals to share a cell, or in the case of emergencies

certified to the Court by the Superintendent of Prisons for «a

period not to exceed twenty (20) days.

10. For the purposes of implementing the above paragraph 3,

the defendants shall strictly comply with the procedures and

consent form set forth in Appendix "A" attached hereto and in-

corporated by reference herein.

Ll. Within thirty (30) days of the date of this Stipulation and

Agreement, the defendants shall notify the Bureau of Prisons of

the United States Department of Justice that on and after sixty (60) ,

Gays from the date of this Stipulation and Agreement no federal

prisoners, other than inmates detained for an immediate court

appearance, shall be housed any longer within the Philadelphia

prison systen.

12. Om and after sixty (60) days from the date of this Stipula-

tion and Agreement, the defendants shall refuse to house within

the Philadelphia prison system any prisoners held under autaority

of any United States statute, other than inmates detained under

such authority for an immediate court appearance.

13. By July 1, 1977, the defendants shall develop and implement

an administrative mechanism to maintain the population in the

three institutions at no greater than the rated level. If the

population exceeds this level, persons who are held in default

of $1,500 bail ex less, starting with those who have been detained

for the longest period of time, shall be released on their own

recognizance by the Court, based on information relating to

persons held in default of $1,500 bail or less provided to

the Court by the defendants.

14. By July 1, 1977, the defendants agree to provide pro-

crams, facilities, and services for all women incarcerated in

the Philadelphia prison system that are comparable to those

provided for male inmates.

Food

15. Effective immediately, the defendants shall hire and

continue to utilize the services of a dietician professionally

treined in the preparation of cyclical menus and skilled at

planning nutritionally wholesome and adequately balanced diets

in @ large institutional setting. Under the supervision of

such « Gietician, the defendants shall serve meals that are

nutritionally wholesome and adequate for health within the con-

text of a balanced diet with minimal and nutritionally insig-

nificant deviations between the planned menu and the actual food

served. The dietician shall make reguler unscheduled visits to

each institution to insure that the planned menu is being served

and shall record any deviation.

16. Effective immediately, the defendants shall provide

food ané Grink according to individual tastes, wherever possible,

including, but not necessarily limited to, coffee or tea with

or without milk or sugar, ketchup, mustard, salt and pepper,

and @rinking water.

1?. S8ffective immediately, the defendants shall establish

food service and repienishment procedures to insure that food

is not left standing uncovered after preparation or does not

remain more than thirty minutes unreplenished at the steam tables

and that hot food is served hot and cold food is served cold.

18. Effective immediately, the defendants shall employ no

inmate or non-imate workers in the kitchens in food servicing

capecities unless, prior to the work assignment, they have re-

ceived all appropriate tests to detect and prevent infection,

including stoo)] cultures and blood serology.

19. Within thirty (30) days of the date of this Stipulation and

Agreement, the defendants shall provide clean white clothing and

hats or hairnets for all inmate and non-inmate workers in the

kitchens in food servicing capacities.

20. Effective immediately, the defendants shall insure that

special diets as prescribed by medical personnel are made

available to inmates as needed, in compliance with the Act of

April 14, 1835, P.%. 232, 87, 61 P.S. 5629. ‘

21. Effective immediately, the defendants shall maintain

the kitchen, serving, and dining areas in accordance with public

health sts ards et all times. Food handling equipment and

utensils shall be washed after each useage. Floors, counters,

and tables and stools shall be washed after each meal. Large

kitchen appliances such as refrigerators, stoves, and cabinets

shell be cleaned on «4 regular basis. Appropriate bulk disposal

items for sealing garbage and trash pricr to removal from the

premises shall be utilized and garbage and trash shall be re-

moved from the kitchen area after each meal.

22. Within s. v (60) days of the date. this Stipulation --4

Agreement, the defendants shall submit to the Master a report

waich reviews the food service and delivery system to determine

its compliance with the standards of the American Correctional

Association and the Pennsylvania Bureau of Corrections. Within

this zeport, the defendants shall study, among other itens,

cutlery usages (including plasticware), regimented versus un-

structured seating, time periods between meals, and length of

meals, and assess the impact of any changes in the food service

and delivery system on institutional security and morale.

Medical Facilities and Treatment

23. Within sixty (60) days of the date of this Stipulation

and Agreement, the defendants shall provide a sufficient number of

medical doctors, nurses, and paramedic personnel to adequately

perform physical examinations and treat sick call and emergency

patients at each institution within the Philadelphia prison

system. Within sixty (60) days of the date of this Stipulation

and Agreement, the defendants shall provide to the Court, for its

approval, the qualifications of paramedics who will be providing

services under this Stipulation and Agreement.

24. Within sixty (60) days of the date of this Stipulation and

Agreement, the defendants shall edminister intake physicals to

ell new inmates within forty-eight hours of admission and prior

to release into the general prison population, with such physicals

being not cursory in nature, adequate to Giagnose any inmate

illnesses, and administered by a qualified medical Goctor, in

compliance with the Act of May 10, 1921, P.L. 433, No. 208,

$1, 61 P.S. G1.

25. Within sixty (60) Gays of the date of this Stipulation and

Agreement, the defendants shall establish sick call procedures

on @ Gaily basis, including weekends, within a sufficient number

of hours to insure thet any inmate making a sick call request is

screened, not by correctional officers, but by medical or para-

medic personnel, and receives appropriate treatment on the same

Gay as the request, in compliance with the Act of April 14, 1835,

P.L. 232, 57, 61 .S. 8629. The hours of physicians, nurses,

and peremedics shell be staggerec so that each institution has

adequate coverage from 8:00 a.2. to 10:00 p.m. daily to perfors=

the substantive medical requirements of paragraphs 23-30, inclusive,

of this Stipulation and Agreement. Between 10:00 p.m. and 6:00 *.2.,

at least one physician or one registered nurse shall be assigned

to one of the three institutions. In adcition, two other medically

trained personnel (physicians, BUrses, OF paramedics) shell be

assigned to the two institutions in which the physician or nurse

is not assigned. If a physician is not among the three persons

on Guty between 10:00 p.m. and 8:00 *.@., & physician shall be

on call.

26. Within sixty (60) Gays of the date of this Stipulation and

Agreement, the defendants shall implement a program for preventive

medical care, including periodic physical examinations for long-

term inmates and internal examinations and PAP smears for women

inmates. Inmates who have remained in custody for a period of

one year shall receive « physical on the completion of one year

oll

ané annval physicals -. subsequent years.

27. Within sixty (60) days of the date of this Stipuletion and

Agreement, the defendants shall insure that medication is prescribe+

only by physicians and is administered to the inmates et appro-

priate times only by qualified medical personnel. Only « physician,

paramedic, or a nurse shall have access to supplies of medication.

28. Within sixty (60) days of the date of this Stipulation and

Agreement, the defendants shall insure that any paramedic system

which is developed includes adequate supervision by qealified

medical doctors in conjunction with an overall program to supple-

ment ané improve the medical treatment provided within the prison

system.

29. By July 1, 1977, the defendants shell insure thet «11

medical personnel work in clean, safe areas, equipped with sodern

medical epperatus capable of performing x-rays, blood tests and

serologies, and urinalysis.

30. Within sixty (60) days of the date of this Stipulation ané

Agreement, the éefendants shall maintain infirmaries in each

institution which are staffed by medically trained personnel who

keep 411 medical records and cerform all other functions except

for basic janitorial work.

Treatment of Drug Addicts

Sl. Within ninety (90) days of the date of this Stipulation and

Agreement, the éefendants shall maintain an Addictive Disease

Treatment Program providing comprehensive treatment services ins

ell three institutions, including group therapy sessions and

Grug treatment programs for sll inegstes who request it.

32. Within ninety (90) days of the date of this Stipulation

and Agreement, the defendants shall maintain a Therapeutic Community

program to provide treatment in this setting for all inmates

who request it.

33. Within thirty (30) days of the date of this Stipulation and

Agreement, the defendants shall maintain methods for immediate

identification of addicts and for maintenance of thorough statis-

tical records concerning the drug dependent population.

34. Within ninety (90) days of the date.of this Stipulation and

Agreement, the defendants shall maintain a comprehensive follow-up

program on inmates leaving the prisons.

Psychiatric Facilities and Treatment

35. Within sixty (60) days of the date of this Stipulation and

Agreement, the defendants shall submit to the Master a plan for a

program of psychiatric treatment including therapy, counseling,

and medical treatment for all inmates who request treatment or |

who have been determined to need psychiatric treatment. If the

parties disagree on the content and procedures set forth in this

plan, a hearing shall be held before the Court to allow the

Court to issue an appropriate Order. If the parties agree upon

a plan without further Order of the Court, that plan shall be-

come part of this Stipulation and Agreenent and shall be subject

to its provisions.

36. By July 1, 1977, the defendants shall begin implemen-

tation of their plan or the Order of the Court. The defendants

shall have until September 1, 1977, to complete implementation

of the plan or Order.

" Personal_tygiene

a , 37. Effective imsediately, the defendants shall supply clean,

properly sized, and functionally adequate clothing, bedding, and

personal hygiene items so that each inmate at all times will have *

> towel, two sheets, blanket, mattress, pillow, pillowcase, socks,

shirt, pants, underwear, shoes, toothbrush, toothpaste, and soap.

The defendants shall provide a bi-lingual (Spanish and English)

checklist to each inmate to indicate receipt of these itens. The

éefendants shall purchase and maintain adequate supplies of all

such items in the receiving rooms so that unnecessary shortages

go not occur. The defendants shall institute laundering and. |

sanitizing procedures sufficient to provide the above.

Conclusion

38. Im its concluding Finding of Fact in the original Opinion,

at page 167, this Court stated that the entire Philadelphia prison

system is subject to the condemnation of being “a cruel, degrading

and disgusting place, likely to bring out the worst in a man.”

39. This Court notes the comments of the Master that steps

have been taken toward the inpcovensat ef conditions within the

Philadelphia prison system over the past three years, since this

Court issued its Opinion and Decree Nisi on April 7, 1972.

40. This Court notes further the indications by the Master

that resolution of conflicting positions in several key areas

remains for consideration and direction from this Court.

41. This Court is relying upon the good faith and due

10.

diligence of the defendants to insure prompt and timely con-

pliance with this Stipulation and Agreement in the spirit of providing

basic humane living conditions as required by the United States

Constitution and the statutes of this Comnonwealth.

42. This Court expects the defendants to fill and maintain

authorized staff positions, especially for correctional officers,

so that a more appropriate level of security exists within the

three institutions for the protection of staff and inmates. This

Court will review immediately any further deficiency of correctional

officers or other personnel in line with the Court's Finding of

Fact Number 7 on shortgage of guards at page 16 of the original

Opinion and such other Findings of Fact which relate to staffing

deficiencies.

43. This Court charges the defendants with the task of ex-

plaining the provisions of this Stipulation and Agreement, including

Appendix "A", to all employees within the Philadelphia prison

system and with posting copies of this Stipulation and Agreement

throughout the three institutions in English and Spanish.

44. Counsel for the defendants shall notify their clients

in this action: Louis S. Aytch, Superintendent of Philadelphia

Prisons; Frank L. Rizzo, Mayor of the City of Philadelphia;

Ethel D. Allen, Lucien £. Blackwell, Beatrice K. Chernock, Joseph £.

Coleman, Melvin J. Greenberg, Harry P. Jannotti, Louis Cc.

Johanson, John B. Kelly, Jr., Cecil B. Moore, Charles E. Murray, Jr.,

Al Pearlman, Francis Rafferty, George X. Schwartz, James J. Tayoun,

Earl Vann, Anna Cibotti Verna, and Joseph L. Zazyceny, members

of the City Council of Philadelphia; Francis C. Ganiszewski,

ll.

Acting Welfare Commissioner; Angelo J. Galeone, Ralph R. Ritter,

Labora Bennett, M. Mark Mendel, Royal L. Sims, and Michael J.

Stack, Jr., members of the Board of Trustees of Philadelphia

Prisons; Anthony C. Antonetti, Warden of Holmesburg Prison;

Richard M. Burke, Warden of the Detention Center; Edward M.

Forman, Warden of the House of Correction; and the City of

Philadelphia of the entry of this Stipulation and Agreement and

of the terms and conditions contained therein. Said notice shall

satisfy the notice requirements under Rules 1517 and 1519,

Pennsylvania Rules of Civil Procedure.

4S. For purposes of monitoring compliance with this Stipula-

* tion and Agreement and all subsequent Decrees of this Court, counsel

for plaintiffs, David Rudovsky, Edmund P. Daley, and, upon order of

the Court, any other counsel who hereinafter enters an appearance on

behalf of the plaintiffs, shall be permitted upon notice to the

Superintendent of Prisons or his duly authorized representative, at

least one day or any portion thereof in advance, to visit and inspect

the following areas of each institution: cell blocks, cells, dormi-

tories, infirmaries, hospitals, kitchens, dining areas, food storage

areas, recreational areas, shower rooms, garbage and trash storage

areas, medical storage areas, and psychiatric facilities. During

said visits counsel may confer privately or informally with any inmate

or group of inmates concerning the subject matter of this suit. The

Superintendent of Prisons or his duly authorized representative may

Gesignate a prison official to accompany counsel during said inspections

to insure an orderly and safe tour but nct to infringe upon the

i2.

segue Se tee we ew SEAM ewes 444 ANSE LANG tHe

‘ Gesignated areas.

46. This Court has directed the Master to submit the further

Parts of his Report in due course over the coming months so that

the recommendations to be made may be considered and further

Decrees may issue.

47. This Court will maintain continuing jurisdiction over

these matters to monitor the changes that are required and ascer-

tain that they become permanently established and are not sub-

sequently abandoned, forgotten, or neglected.

= submitted,

Dios |

Attorneys for Plaintiffs 7)

Shs LilloL

City Solicitor

> dot

Assistant City Solicitor

Attorneys for Defendants

With respect to @ provisions of paragrap.. 9 of this Stipulatica

Agreement, defendants agree (throwgh paragraph 10) to use the

following consent form and procedure.

1. The consent form shall read as follows:

CONSENT FORM

By Order of the Court of Common Pleas of Philadelphia County,

you have the right to be housed in a single cell to which NO ONE

ELSE CAN BE ASSIGNED. You are not required to share a cell with

anyone else in the Detention Center, the House of Correction,

or Bolmesburg Prison unless you voluntarily cunsent by signing

this form.

If you decide to share a cell, you can change your mind and

inform your social worker to have your cell assignment changed.

If you sign this form, you will be given a copy of it.

Direct any questions about this procedure or your right to a

single cell to:

WALTER W. COHEN, MASTER DAVID RUDOVSKY

1700 Walnut Street, Suite 200 1427 Walnut Street

Philadeiphia, PA. 19103 Philadelphia, PA. 19102

MO 6-2890 LO 3-8312

EDMUND P. DALEY

Penn ELLIOTT B. PLATT

ay | = syacante Community Legal Services

3409 Chestnot Street 3156 Kensington Avenue

Philadelphia, PA. 19104 Philadelphia, PA. 19134

243-4628 427-4850

I CONSENT TO SHARE A CELL WITH ANOTHER PRISONER.

SIGNATURE OF INMATE: DATE:

SIGNATURE OF PERSON WHO

SECURED THE CONSENT:

' _

2. Wo County pri-on official, employee, or agent shell in

any manner encourage, induce, persuade, or coerce or attempt to

encourege, induce, persuade, or coerce any prisoner in the

Philadelphia prison system to share his or her cell with any other

person. Any violation of this Order shall subject the offending

party to contempt of court proceedings.

3. Any questions from any inmate concerning his or her

right to single cell occupancy shall be answered in strict con-

formity with the language of the form set forth, supra.

4. The Gefendants shall provice each person who consents

to share a cell with another with a copy of the form which he

or she has signed and shall provice an additional copy of said

form to the Master and counsel for the plaintiffs.

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GERALD JACKSON, et «1 COURT OF COMPS" PLEAS

Phaioctifts TRIAL DIVISION

v. FEBRUARY TERM, 1971

m. 2437

EDWARD J. HENDRICK, et «1 COMPLAINT IN EQUITY

Defencancs (CLASS ACTION)

TO THE BONORABLE THEGOORE * “CTH, ., THE BONORASLE

PAUL A. DANDRIDGE, THE HONORABLE CALVIN T. WILSON, JUDGES

OF THE COURT OF CORGEN PLEAS OF PRELLADELPEIA COUNTY

amp ww, che Jd day a May , 1980, the

perties to this ection, by their undersigned sttorners,

hereby stipulate and agree as follows:

lL. The Court will retein jurisdiction of the pertics

end the cause of ecticn.

2. The parties agree thet the provisions of this

Stipuletion end Agreement shell heve the full force and

effect of « final Order of this Court end thet any vicletion

of this Stipuletion end Agreement shall subject che vicle-

ting perties te comtempt of court proceedings.

Ft — = “y

i 2.

Modifications of Stipulations and Agreements

3. Effective immediately, the requirement of

paragraph 46 of the Stipulation and Agreement of October 31,

1978, to wit, that the defendants shall require a high

school diploma or its equivalent as a necessary qualifi-

cation for new applicants to take the civil service exan-

imation for the position of correctional officer, shall be

deleted.

4. Paragraph 77 of the Stipulation and Agreement

of October 31, 1978, shall be amended to read as follows

77. By July 31, 1981, the defendants

shall tile all shower areas on the floor

anc walls and clean 4ll shower drains to

insure that leaks into living areas are

prevented. The defendants shall further

insure that all shower areas are cleaned,

scraped, and painted, where not tiled,

with an appropriate paint semi-annually

and that all shower drains are cleaned

as needed.

5. Paragraph 18 of the Stipulation and Agreement

of February 4, 1977, shall be amended to read as follows:

18. Effective immediately, the defendants

shall employ no inmate or non-inmate workers

in the kitchens in food servicing capacities

unless, prior to work assignment, they have

received all appropriate tests to detect and

prevent infection, including a blood serology.

6. Effective immediately, intake physical examinations

pursuant to paragraph 24 of the Stipulation and Agreement of

February 4, 1977 may be administered either by a qualified

physician or a qualified physician's assistant.

Classification System

7. The defendants shall institute classification pro-

cedures that shall incorporate the principles contained in

the following paragraphs, & to 14, effective immediately.

8. Admission - Upon reception, the admittee shall be

interviewed and am intake summary completed, including social,

psychological, and personal history and drug and alcohol

questionnaire; the worker shall record bizarre behavior, if

any, and any medication needs.

9. Medical and Psychiatric Intake - The admittee

-3-

will be referred to the drug detoxification, psychiatric,

or medical department for any necessary treatment. He will

be placed in an appropriate housing assignment consistent

with his specific needs, if serious problems requiring

iomediate attention exist.

10. Central Intake Unit - Within forty-eight (48) hours,

all admittees shall pass through the Central Intake wit,

where they will be assigned to 4 permanent housing area.

Housing determinations will be made by the Classification

Committee, which shall take into consideration the criminal,

social, and psychiatric background of the inmate. Where

necessary, homosexuals will be housed on « block for their

own protection, but there shall be no discrimination with

regard to the delivery of services an@ assign ment of jobs,

solely based on their sexual preference

ll. Classification Board - Within ten (10) working

days of entering the Prison, all sentenced admittees shall

go before the Classification Board in order to determine

their job placement. All nom-sentenced admitteey shall go

before the Board within three (3) calendar weeks. The Board

shall consist of the following: The Social Work Supervisor

as chairperson, 4 ranking correctional officer, and a

representative from the Prison Education and Training

Division. The Social Work Supervisor shall convene

mectings of the Classification Board at least once « week.

12. Basis for Work Assignments - Work assignments in

the Philadelphia prisons will be based on the skills, edu-

cation, expe ted length of stay, and results of tests taken

by residents, as well as considerations of institutional

security and discipline, consistent with paragraph 70,

Stipulation and Agreement II.

13. Work Reclassification - A resident may be reclas-

sified at his/her own request; or that of his or her super-

visor, if he/she is not performing adequately on the job

for a period of two (2) weeks, following «a warning by the

supervisor that she/he is not performing adequately on the job.

14. Education and Vocational Training - All admittees

shall be made aware at their initial Social Service inter-

view of all educational and vocational programs, and shall

have the opportunity to apply for admittance to such programs

upon three (3) weeks of residence.

Searches

15. The following paragraphs shall govern all searches

of inmates’ living quarters, and shall replace provisions

of paragraph 12 to 15, inclusive, of Stipulation and Agree-

ment II of October 31, 1978, wherever the two shall conflict

16. Searches of inmates’ living quarters shall be

conducted only to find contraband and not to harass or

punish an inmate. Any search of an inmate's living quarters

shall be documented by a written report submitted by the

officer conducting the search

l?. During searches of living quarters, staff will

take care to prevent damage or destruction, particularly to

personal items and legal materials, and when finished, shall

leave the living quarters as close to the condition they were

in prior to the search as possible under the circumstances

18. When any property is seized or damaged dur‘ng «

search, a report must be filed with the Warden within twenty-

four (24) hours end a copy given to the inmate

19. During « search of living quarters, the inmate will

be permitted to observe che search from a reasonable distance

(except as noted in paragraphs 21 and 22 below

20. If ap iemete is on the grounds or in a work detail,

he will be considered co Se ic she insticctin: 2 ae

present when his cell is being searched. Inmates shall de

permitted to observe all searches of their cells except

that should an inmate attempt to disrupt the search of his

cell or remove enything from his cell during the search, that

inmate may be moved frow the area of the search and the

search may be conducted without the inmate's presence, in «

manner consistent with paragraph 21, below.

21. If am inmate is at court or otherwise off the

grounds during a search, his cell aay be searched without

the inmate being present. In the absence of the inmate who

is assigned to the cell, a block representative shall be

permitted to observe the search consistent with paragraph 20,

above.

22. If « search is ordered as the result of inform-

tion that drugs or weapons sre present, the search aay de

conducted immediately, without concern for the inmate being

present; provided, however, thet if the inmate is present he

may observe the search from « reasonable distance consistent

with peragraph 20, above. If any emergency situation arises

«J«

which can be only declared by the Warden or, in the

absence of the Warden, his designated representative, «11

searches say be conducted without the consent and/or

presence of the immate. The definition of an emergency

situation is as follows:

(4) where there is an iamediate threat

to life or of serious bodily injury

(>) rtiet;

gafor block disturbance.

(¢) escape end/or breakout: or

. information relisbly received by the

Warden or his representative that any

of the above-named situations is in

igminent danger of occurrence.

23. When « resident leaves the secured serea of the

Prisons for,or arrives et the Prisons from, an appearance

in Court, another penal institution, « hospital visit, or

emy other place, he or she aay be subject to « personal

strip search. Such « personal strip search shall be con-

Gucted in such « wey as Co preserve the dignity and integrity

of the inmate. Such « strip search aay include « visual

inspection of all cavity areas.

24. Pursuant to paragraph 25 above, « mganusl examinga-

tion of cavity areas may be conducted only where there is

reasonable cause to believe the inmste is secreting contra-

band in those areas. Ali such manual searches shall be

conducted only by « medically trained health employee in «

manner designed to assure the greatest possible level of

privecy anc dignity to the inmate. A report concerning the

reasons, circumstances, and results of such « aenusl search

shall be given to the inmste within forty-eight (48) hours

of the search.

25. By September 1, 1960, the defendants shell provide to

counsel for the plaintiffs and to the Court suggested rules and

procedures concerning the mediation of inmeste grievances, in-

cluding those of an individual as well as « policy neture.

26. Am inmate may lodge « grievance sbout

(a) the circumstance or application of any written

OF wwritten policy, reguletion, or rule of

the institution, including its programs.

? the iack of « policy, regulation, or cule

Cc any Dehavior or action directed toward an inmate

4 any provision of the Stipulations and Agree-

ments of the perties, or amy Order of the

Court in this case

Specifically excluded are actions of « Disciplinary

Boarc, anc issues thet are clearly under litigation

27 The grievance rules and procedures shall incorpor

ete the principles contained in the following paragraphs, 28 to 44

28 The purpose of the grievance procedures is to as-

sure that inmate comp .aints are given full opportuaity for

fair hearing, consideration, and resolution, and they shel!

suppiement,. not replace. informal methods f dispute resolu

tion et lower Levels

29 ne Deputy Warden shall first seek *¢ nave the

parties inmvoived come to an informal resolu : . the Lesue

Lf en informal resolution is schieved. its substance shal!

be statec on the lLamete Grievance Form and siged by the

Lamate Copies shail de given to the inmate and kept on

file et the Werden’s Office Neo copies shall be filed with

the tomate ss permanent records

30. Grievance Committees shall be established at

each institution, and shall be composed of:

(#) ome inmate member chosen by the Block

Repretentatives Council of the

institution ;

(>) one correctional officer:

(¢) @ member of the Prisons training

staff.

3l. Inmates may submit « grievance via « grievance

box centrally located at each institution, including a

seperate box at the Women's Division; vie « social worker

oF correctional officer; or directly to « member of the

Grievance Coumirtee.

32. All grievances shall be processed, that is, re-

ferred back to the inmate or « hearing held within chree

(3) working days by the Grievance Committee, to determine

whether.

(*) The grievance is solely concerned

with « question of policy, in which

«Ll-

case it shall be referred beck ¢

tne inmate for direct appeal to the

Superintendent or his Deputy or ¢t

the Grievance Appeals Panel

may elect

The grievance is of an individual sature.

im whieh case the Grievence 7am Clee

shail consider it in proceedings dr

scribed at paragraph 35. infers

The grievance is without substance or

mot within the turisdiction r the rie

ance Syetem. in whieh case tt shall .

returneé to the imamate wit $ uc .

Cation it

; Che grievance encompasses bot pm

Lasuei(s anc @4n LOeelvieusl grievance. i

whieh case the Latter grievence shal! .

come Léeered by the GCrievence Ommittee and

the poiles issue(s shail de referred beck

: the ieeete for subeission * the Grtiev

ance Apoea .s ane. : fect, : the

33. The Grievance Committee aay recommend to the Warden

ecjustment of the aatter as it deems appropriate.

4. A decision on an individual grievance shall be

rendered within three (3) working days of « hearing by the

Grievance Committee.

35. <A bearing by the Grievance Committee shall be

conducted in as informal « aammer as possible, and the

Committee shall call 411 necessary witnesses as well as

directly question the inmate-grievant and the respondenc,

before rendering « decision.

36. If the findings of the Inmate Grievance Coumittes

have included any recommended section to be taken by the

institution, such findings shall be forwarded to the insti-

cuttonal warden for his approval. If the warden approves

the findings, be shall sign the Findings of Inmate Grievance

Committee Form to this effect and forward « signed copy to the

inmate within five (5) working days of the hearing. A copy

ehail be kept on file in the Warden's Office and with the

Deputy Superintendent. If the warden shall deny the

recommended ection, be shall elec indleste this denial on

the Findings of Inmate Grievance Committee Fors and

forward « copy of this denial to the inmste within

-13-

: . ‘~e rma te

‘~~... weve oe T.455 Of aPoee . oe : ’ Ceria she

* =2070 Lf = ercen «& rrtice and ~e eput Super -

The inmmete-grievent aay appeal an wfevoreble

Sec ision oOo the Vr levence C=. c lee OF the Wargen *t che

rievence Appeseis Panel. whieh shal cons ist : hree

Cing wembers

8 ihe Grievance Appeals Panel shell be conmwened «

-ee80 Cwlee Goethiy. end agore frequent ) Lf necessary under

the Lrewm@etaemoes of « pertilceuler case : asses

; The Convener ef the rievence Apoesels Pane she

* & Petes SOC GepLevred OF The Prisons app~ inte . tre

~—rt With the eoneent of the serties

- The Comwener sha ~ «a ting per an ear

nas : he rievenece Appeals Pane) anc shea.. Deve ecceee

Si. ©Ocowments enc taformation pert ine: : erievence epoee ls

> The three veting eembers . the Penmel shal ~e

(>)

(¢)

free five nouinees subdaitted by

the Director of Inmate Services.

The Convener of the Panel:

& ender of « pool of three ()) souinees, one

free each of the institutions, selected by

thet inmeticution's tleck Representetives

Commictee.

42 The Oriewance Appeals Panel shell aske writtes

findings of fact, and aay recommend relief, if eppropriate,

te the Superintendent or bis designee, thet shell confers with

the Stipulations and Agreements of the parties in this case,

ane any other rights or privileges established by che rules

ane regulet ions

*). The

tienes Gh one oe

(4)

ef the institution.

Superintenméent may reject the recommenda -

more of the following grounds

Lap lementation would de comtraery te law

the recommendation is comtrery te the rules,

regulations, or policies of the iastituticn

implementation is act fiscally possible

Che recommendsetion sould create « sew

right of the temetes

(e) implementation would endanger public

and/or institutional security

(£) the recommendation goes beyond the

scope of issues prescribed in the case;

(g) the recommendation is not an appropriate

remedy in the specific circumstances of

the case; provided, however, that the

Superintendent or his designee shall

specify the reasons for which the

recommendation is not appropriate.

“4. In making the decision, the Superintendent shall

accept the fact findings of the Grievance Appeals Panel

unless said findings are clearly erroneous.

45. The following time frames shall apply for the in-

plemertation of the Inmate Grievance System

(a) By September 12, 19680, the suggested

rules and procedures pursuant to para-

graphs 25 to 44, above, shall be insti-

tuted at Holmesburg Prison;

(>) Thereafter, by December 1, 1980, the In-

mate Grievance System shall be established

at all institutions of the Philadelphia Prisons

-16-

Qvercrowding

46. Paragraph 13 of the Stipulation and Agreement of

February 4, 1977 shall be replaced by the provisions set

forth in the following paragraphs, 47 to 49.

47. Defendants shall develop, effective immediately,

administrative measures to maintain the population in the

three institutions at no greater than the rated levels.

48. If the population exceeds this level, the Court

will consider for release the following classes of inmates:

(a) Persons held for trial on aisdemeanor

offenses ;

(b) Persong held in default of $3000 bail or less;

(a) and (6), but who if released would not

pose undue danger to the safety of the

commmity or undue risk of non-appearance at

scheduled Court hearings.

49. Im considering any person for release, the Court

shall first give tho District Attorney an opportunity to

be heard on whether such release would jeopardize the

public safety or welfare, or constitute an undue risk

that such person would fail to appear for scheduled

Court appearances.

Monthly Reports by Defendants

50. Defendants shall submit to the Master and plain-

tiffs’ counsel «a monthly inmate population report, which

shall include total numbers of

(a) persons in the prisons:

(>) male residents;

(4) juveniles;

(@) persons on work release

(f) hospital in-patients:

(g) Ssub-acute care patients:

(h) commmity-based residents.

Quarterly Reports by Defendants

5l. Om a quarterly basis defendants shall submit to

plaintiffs’ counsel and the Master the following written

reports for each correctional facility

(a) «a list by name and program of all inmates

enrolled in a vocational training or

educational program, or working in « paid

position in the institution

(>) the number of correctional officers,

sociel service staff, medical and

nursing personnel, and mental health

personnel ;

(¢) all Philadelphia Department of Public

Health inspection reports.

Visiting Hours and Facilities

52. The contact visiting room at Holmesburg Prison

will open, with adequate staff and furnishings, by May 15, 1980.

53. Effective on that date, contact visits in all three

(3) institutions will take place from 9:30 a.m. to 3:15 p.a.

om weekdays and from 9:30 a.m. to 10:30 a.m. end 12:15 to

3:15 p.m. om Saturday, Sunday and holidays.

54. Adequate furnishings will be provided for the

visiting rooms at the Detention Center and House of Correc-

tion by October 1, 1980.

Living Environment

55. The roof at I Block, Holmesburg Prison shall be

repaired by roofing experts by July 31, 1980. Within sizty

(60) days thereafter, defendants shall submit « plan fur

completion of repairs on the roof at Rolmesburg Prison.

-19-

56. The new roof on the rotunca at the House of

Correction shall be completed by July 31, 1980.

57. New windows for all Living areas et the House

of Correction shall be installed by January 31, 1981.

Confiscation of Properry

58. Defendants shall Log all property taken fron

Getainees on admission to the institution and shall provide

® method with which to idenrify anc, where appropriate.

return such property. The procedure for identification

ef such property shall include provision of « receipt ¢t

the detainee describing the property seized anc the circun-

stances under which and by whos it was taken Where appro-

priate, procedures shall be specified by which « relative

or other person designated by the inmste may remove such

property from the institution Curing the inmate's tern

incarceration,

59. The procedure out lined Am paregraph 58 sbove shell

“ppiy when eny detcinee's property, other than controlled

substances, guns, mives, or other weapons, if taken by

Gefendants at any tine other than on eduission

60. Defendants shell take all necessary

measures, consistent with detainees’ health and

safety, to eliminate vermin and insect infecta-

tion within the institution end on the grounds

ecdjecent thereto. For the purpose of this

stipulation, infestation shall snot be con-

sidered to gean the random or cccasional

presence of an insubstantial number of vermin

and insects.

Sl. Defendants shall retain the full-cine

services of en environmental health of-

ficer, and with the sssistance of a1)

necessary anc properly trained correcticne|,

civilian, or tmmete personnel, shall

*«

2 somduct continuous inspections

for the detection of any evidence

of wermin amd insects anywhere

Within the institution or on the

grounds ediecent to the insticuticn,

anc shell camvess inmates to de-

termine env particular probleas of

infestation noted by thes

> et the first indication of the pres-

ence of vermin or insects, defendants

shall take appropriate see*ures ¢t°

cumtroi such vermin or insects

S repert in writing to the werden the

results of such inspections end «al!

cete vermin and insect infes

sucd reports shall de evellable to

plaintiffs counsel upen request

(d)

ke proper precautions in use of

all insecticides, rodenticides, traps

and other materials for the control of

vermin and insects, to prevent food con-

tamination, fire hazard or injury or

illness to inmates.

DAVID RUDOVSKY 7

(jy acl

JON BECK

wuphe

<& YL

DONALD BRONSTEIN

Attorneys for Plaintiffs

TAMA MYERS CLARK,

Deputy Solicitor for

Human Services Division

. vi

PAULINE COHEN

Assistant Solicitor,

Chief of —- y met

A eys for Defencants

pene A)

Taw ‘nl ] /, .

€DWARD A. AGUTLAR,

Master /

-23-

GERALD JACKSON, et al COURT OF COMMON PLEAS

Plaincifts TRIAL DIVISION

Vv. FEBRUARY TERM, 1971

: NO. 2437

EDWARD J. HENDRICK, ect al COMPLAINT IN EQUITY

Defendants : (CLASS ACTION)

STIPULATION AND AGREEMENT IV

TO THE HONORASLE THEODORE 8. SMITH, JR., THE HONORABLE

PALL A. DANDRIDGE, THE HONORABLE CALVIN T. WILSON, JUDGES OF

THE COURT OF COMMON PLEAS OF PHILADELPHIA COLNTY:

AND NOW, the 20th day of October 1981, the parties

to tnis action, by their undersigned attorneys, hereby stipulate

and agree as follows:

Jurisdiction of the Court

1. The Court shall retain jurisdiction of che parties

and che cause of action.

2. The parties hereto agree chat the provisions of

this Stipulation and Agreement shall have the full force and

effect of a final Order of this Court and that any violation

of chis Stipulation and Agreement shall subject che violating

parties to contempce of Court proceedings.

3. Each resident shall be permitted two (2) visics

per week, ac all institutions of the County Prisons.

4. Two (2) adults and two (2) children shall be per-

mitted at each visit.

5. Night visicing shall be insticuted five evenings

per week, at Holmesburg Prison on February 1, 1982, and act che

House of Correction on March 1, 1982; ac the Detention Center

might visiting shall begin on September 1, 1982, for those

housed in excess of one month.

6. All other visiting procedures as provided in

Stipulation and Agreement III of May 12, 1980, at paragraphs 52

to 54, shall continue in effect.

7. Defendants shall provide vocational training and/c

Pre-release placemenc for 400 inmates by December 1, 1981.

Assignment

Residents for

residencs

for

The foliowing procedures will be used in assigning

vocational training:

(a) Each resident shall be given a form listing

available educational and vocational pro-

grams, at his or her intake interview;

(b) Upon chree (3) weeks of incarceration, the

resident shall be eligible for application to

these programs;

are noc otherwise working shall be classified

for an appropriate job, educational or train-

ing program wichin ten (10) days of cheir

requesc;

(d) Sencenced persons requesting work release

shall be referred to the Work Release scaff;

(e) If a residenc is classified for placement in

& program not available where he or she is cu:

rencly housed, Social Services will seek

transfer to the appropriate institution, pro-

vided he or she meets che classification

criteria for the latter institution.

Capital Imorovements

9. Repairs to the roofs at the House of Correction

anc at Holmesburg Prison shall be completed by February 1, 1982.

10. By January 1, 1982 defendants shall provide the

Court and plaintiffs’ counsel with plans and timetables for the

following projects:

(a) Repair of the shower units at the House cof

Correction and Holmesburg Prison;

(b) Installation of a new shower unit at House of

Correction Segregation Unit;

window, and light units at the Detention

Center;

(d) Painting of all housing units at the Detenticr

Center and Holmesburg Prisou, pursuant to

paragraph 78, Stipulation and Agreement II.

(e) Plans for housing, staff, programs, and

services for female inmates.

ll. Painting at House of Correction shall commence

by November 25, 1981, amd shall be completed at a date to be

agreed upon by the parties and the Court.

- &«

Inmate Wages

viously classified at $.50 per day shall be increased co $.75

per day.

13. The wages for all those inmates classified for

jobs act $.75 per day shall be increased to $1.25 per day, on

July 1, 1981.

16. On January 1, 1982, che minimum wage for all in-

mate job classifications shall be increased to $1.00 per

‘“<

Inmate Welfare Fund

15. The parties hereby delete paragraphs 21 Chroug

of Stipulation and Agreement II, dated October 31, 1978, and

substicute che provisions in paragraphs 16 through 24, infra.

16. All provisions of this Agreemenc shall in all

pertinent areas conform to Philadelphia City Council Ordinance

No. 1239, dated August 21, 1957, establishing the Inmace Welfare

Fund.

17. The Warden of each institution shall meec with

representatives of the Betterment Commictee of chac insticucion

om 4 quarterly basis to discuss income, expenditures anc cis-

bursemencs from the Inmate Welfare Fund.

18. The Bettermenc Committee shall, in the firs:

imstance, @axe Cecerminations as to the expendicure ci Inmate

Welfare Fund income. Such expenditures shall be made solely i-

‘ = 4 +7 ~ «a+ ime

Che best interescs of the entire inmate population of thac insz:

19. The Warden shall approve the determinations of the

Beccermenc Committee unless he shall decide that they are noc ir

the besc interests of the inmate population or pose «a threat to

the stability, security or order of the institution.

20. If the Warden disapproves of the Betterment Conm-

mictee’s determinations, he shall state his reasons in writing

and shall submit copies to the Betterment Committee and the

Superintendenc. The Beccermenc Committee shall then make substi

cute determinations for any disapproved expenditures.

21. The procedure outlined in paragraphs 16, 18, 19,

anc 20 shall continue umtil the Betterment Committee and the

Warden have reached agreement on the expenditure of all funds.

22. The Warden shall notify the Betterment Committee

in writing withia seven (7) days of the time che items are

ordered and again within seven (7) days of the time the icems

are received by the institution.

23. Excepc for funds needed to meet expenditure

demands, all funds in the Inmate Custodial Fund shall be placed

in an interest-bearing account and that interest shall be used

for the benefit of all of the inmates.

24. The defendants shall supply the Bectersenct Con-

mittee, counsed for the plaintiffs, and the Courc with an

ammnual accounting of che Inmate Welfare Fund. An audit per-

formed by the City Controller will be sufficient to meec the

requirements of this paragraph.

Staffing

25. Pursuant to the attached Timetable, Exhibic A,

defendants will authorize an additional 112 positions at che

Philadelphia Prisons and will fill chose positions and all cur-

rent vacancies from available lists of eligible candidates.

26. Defendancs will utilize their beset efforts to

ensure that sufficienc eligible candidates are available to fill

position vacancies, within the pertinent rules and regulations

of che City Personnel Department and the Civil Service Commissic:

27. In Fiscal Year 1983, defendants are anticipating ct:

budgec at least an additional thirty (30) positions, including:

twenty-five (25) correctional officers; one (1) correctional

sergeant; one (1) correctional lieutenant; three (3) food

service supervisors, and additional social work staff necessary

to maintain the stated ratios as agreed previously by che

parties.

28. Defendants shall, by December 1, 1981 selece

a site for a four-hundred (400)-bed downtown detention fa-

cility.

29. Subjece to City Council approval, defendants

shall provide funding for acquisicion of the facility in

Fiscal Year 1982.

30. Subject to City Council approval, defendants

shall provide funding for rehabilitation and occupancy of

the four-hundred (400)-bed facility in the Fiscal Year 1983

Automatic Staffing Increases

31. For the period of November 1,1981 uncil April 1,

1982, the parties will negotiate a projected population

level of Fiscal Year 1983.

32. Based upon this projected population, allowing

for a +10% fluctuation, and subject to City Council approva:

defendants shall budget funds sufficient to maintain che

necessary staff, services, and programs at the Philadelphia

Prisons for Fiscal Year 1983. The defendants will operate

the Prisons at the budgeted level.

33. When an inmate requires a specialty medical

clinic visit, such visit will be provided within two weeks.

Emergency care will be provided as necessary.

»@e

34. Comsistenc with Civil Service regulations and

union contracts, defendancs will take disciplinary action agains:

employees who violate any provision of any Courc Order in this

case.

Approved:

Respectfully submitted,

j -1

ay SE Fee

‘\ , “4

OO Fit. We

Date Approved

j “ ; —_ |

Laws Q AL I a

A TEIN, Esquire

Attorneys for Plainciffs

\ Lia LF,

ALAN J. DAVIS, Esquire

City Solicitor of Philadelphia

TAMA MYERS CLARK, Esquire

Deputy Cicy Solicitor for

Human Services Division

Attorneys for Defendants

€,

_ e . - *

= ——

EDWARD A. AGUILAR, Esquire

Prison Master,

Court of Common Pleas

of Philadelphia

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GERALD JACKSON, et al., : CCURT OF COMMON PLEAS

FEBRUARY TERM, 19

: NO. 2437

EDWARD J. HENDRICK, et al., : COMPLAIN? IN ECUITY

Defencants. : (CLASS ACTION

STIPULATION AND AGREEMENT VY

TO THE HONORABLE THEODORE 8. SMITH, JR., THE HONORABLE PACL A.

DANDRIDGE, THE HONORABLE EUGENE #. CLARKE, JR., JUDGES CF THE

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY.

AND NOW, the day of December, 1982, che par<ies to

this action, bv their undersiconed attorneys, hereby st:sulate

anc agree as follows:

l. The Court shall retain jurisdiction cf she sarties

and the cause of acticn.

2. The parties heret> acree <=nat <=Ke provisions sf

this Stisulation and Agreement shal: have <he *uil ficrce anc

effec: of a final Order of this Cours and <nat any vi0o.ation

of this Stisulation and Agreement shall subcec= <ne viclatin¢e

parties to contempt of Court sroceedcings.

PLANS TO INCREASE RATED CAPACITY BY APPROX=IMATE_Y 300 SPACES

3. By February 28, 1983, the modular hcusing compiex

for female inmates shall be occupied with a rated capacity of

By February 28, 1983, she Outmate Suildine shail

: . ; R ’ , Sons ate

be occupied by female inmates with a rated capacity of 16.

i: y :

“A

Sy February 15, 1983, the rated capacity of the

6. By February 15, 1983, 0 and £ Dorms at the Detention

Center will be renovated so as to increase the rated capecity

of the Detention Center by forty-five (45) add

spaces.

7. By June 15, 1983, the Cannery II will be renovated

so tnat the rat capacity of Cannery I= shall be swenty-six

26) bec spaces.

8. By December 1, 1983, Philadelshia Prison inmates

shal. occupy modular units with a rated capacity of seven-

nauncrec (700) Sed spaces as ‘ollows:

ifty (S50) bed spaces for female

bed spaces for male inmates.

c. Four Sundrec (400) maximum-security bed

spaces for male inmates.

9. With the exception of outdoor exercise for an initial

cuarantine period not to exceec 72 hours, ail inmates housec ia

-* "8 - $liwé 77 shiac —-_ -& - «+ «he a=wi«+i ‘on

she new facilities shall be sublect to <ne same rights ~ r.V.-8 Ses,

iv)

’

srograms, responsibilitie

10. Upon admission, each inmate shall receive a kit

7 ’ ‘

low-case, a blanket, tcootrpaste, 4 ccothbrusn, a

soap, a@op

towel, and a face cloth.

a¢

ll. Each inmate shall receive a mattress and pilics

upon admission to his/her housing area.

SOCIAL WORK SERVICES

12. By April 1, 1983, Defencants shall assi¢gzm one (-

Social Worker for every 100 inmates t> provice saic inmates

with social work assistance.

VOCATICNAL TRAINING AND JOBS

. By May 1S, 1983, Defendants wil. seve.cr a slan <s

inerease vocational training (which wil. incluce training -A

computer technology) and pre-release cppor=un- sles Ser ia-

mates ‘rom the current 400 positions to 600 positions.

L4. Defendants shall increase =he number of prison

‘obs for inmates according to the timetable attachec hereto

as Apoendix “A“.

RECREATION - DETENTION CENTER

Le)

Effective immediately, Defendants shall classify

, Idi wi 7 4 F ia s - ia

40 é additional inmate recreation aices -or tne vetenc-c

Center. Sy May 1, 1983, Cefendants shall have interviewed

eligible candicates for three (3) Recreation Leacer I positicns

in the Philadelshia Prisons.

16. By February 7, 1983, Defendants shall submit a

ontingency plan in the event that no willing elicible candidate

is available for employment in these three positions.

TISITING - DETENTION CENTER

17. By July 15, 1983, the visiting area at the Detenticn

Center will be expanded by renovating the room formerly used

for non-contact visits.

18. There will be night visiting at the Detention Center

two (2) nights per weex and at the House of Corrections and

Solmesburg five (5) mights per week from the hours of 9:00 a.s.

to 9:30 p.m. Visitors will not be registered for an evening

PROCEDURES GOVERNING SEARCHES OF L:VING AREAS

19. By February 15, 1983, Defendants shall implement a

new fora procedure to monitor che search >rocess.

SEARCH OF VISITORS

20. Visitors to the Philadelphia Prisons shall be subiec=

to search for contraband. Contraband includes druss and

weapons.

21. Searches of visitors shall be conducted in a

courteous and dignified manner. ~

22. Amy visitor refusing a search shall be refused

acmission.

23. Any visitor who has comments asout =. ViSiSiAG

procedure shall be provided a fo

comments with the prison administration. By February 1, 1983,

the Prison shall provide the forms anc procedures for impie~

menting this provision.

IL. INMATES

24. Each inmate confined to the Health Services Wing of

the Detention Center shall continue to have the same richts,

crivileges, and responsibilities as provided all otner

Philadelphia Prison inmates in Stipulations and Agreements

t-V, unless, in the medical judgment of the physicians, SS

exercise of such rights, privileges anc responsibilisties woul

inmate or others.

MEDICAL CusNIcs

25. Te reduce the backlog of clinic Visits SY

Pebruazy 15, 1983, the fcllowing procecure will de usec:

A. On the night before a mecical eliaie is

to be held at the Detention Center, trirty (30) inmates will

be brought from the other institutions of the Philadelphia

Prisons to ¢C Block of the Detention Center.

B. The inmates will be housed overnight on

Cc Slock.

C. The following morning, tne inmates housed on

C Block will be escortec to snels medical clinic visics.

HEALTH SERVICES WING INMATES’ ACCESS TO LAW LISRARY

26. Health Services will furnish the Warden of the

Detention Center a list of individuals who, because of medical

or psychiatric reasons, are unable to visit the law library.

27. All other inmates on the Health Services Wing shall

have equal access to the law library as the inmates in the

general population.

28. Defendants shall arrange for a law libras. worker

to visit those inmates unable to visit the law library within

48 hours of the inmate's request.

MAINTENANCE

29. By April 1, 1983, renovations will begin on the

shower units on Fl and F2 at the douse of Correction, and

renovations shall be completed by September 30, 1983.

30. By June 1, 1983, Defendants shall have completed

all necessary short-term maintenance repairs <5 showers,

toilets and sinks at the Detention Center.

31. Sy August 31, 1984, long-term renovation of all

showers, toilets and sinks at the Detention Center shall be

completed.

32. By February 1, 1983, Defendants shall have

completed all necessary preparations for installation of

telephones in the two law libraries at the Souse of Correction.

STAFY ING

33. By February 15, 1983, Defendants shall develop an

SY 2462 SOMSLSTONS WLtA Che Current increase iN SFison poocu_a-

ian and to m stain fine , eharesn “ear —a-

c20ONn, aS SO MSBLACBLA STALIOLING .eve.s snerealcter at cae

LF)

35. For the period of January l, 983 until March 1

the parties will negotiate a projectec population level f

[ee |

’

;

’

‘)

}

‘

’

‘f)

it)

’

”

‘ai

Defencants shall budget funds suf i

- , 22 ‘- : a ~ ’ _ mm 4

ecessary stati, services anc procrams at she ?Philadelsohia

. tum F 4 _— ’ ' 7 “~ : es . ~ -

Priscns for Fiscal Year 1984 The Defendants will operate

’

Srisons at the bucgeted level, Sut reserve the

re¢duce the staffing levels, services and srocrams,. in the

_ : ‘ - " ‘

event of a decrease in inmate population

KiCHEN WORKERS

37. <A wankine officer will be available to ensure that

only inmates classified as kitchen workers will work in th

se - “- - ’ -- - = ~ * - ’ a ~-

38 Eftec=ive immeciately any isumate of the Philadelshia

APPROVEL :

Attorney

_s-- meee

SABRIEL 4. 1. BEVILACIUM, /Escuire

~haimman al

AsaGistant

ttornevs -

== & oe

ESWARD A. AccloAA. tscuicre

Prison Master

Court of Comicon Pleas

of Philadelphia

TRECOORE 5. Smite

7A > + ~saur™= =

PR Ae aA VR VE,

INCREASED RATED CAPACITY/INCREASED INMATE JOBS

PROJECTED PROJECTED

NUMBER OF DATE OF

FACILITY JOBS JOBS TY?E OF JOC

Detention Center

(Day rooms D é& £) 3 February 15, 1383 Cleaning

Detention Center

(Former Infirmary) 2 February 15, 1983 Cleaning

Male Modulars 10 December 31, 1983 Cleanin

. . | ” sa Food Servic

G Wing 10 February 1, 1983 Cleaning

Cannery II 1 June 15, 1983 Cleaning

additional Modulars

(For Female Inmates) 2 December 31, 1983 Cleaning

Additional Modulars

(For Male Inmates) SO Food Servic:

Maintenance

OJECTED FT

toa PROJECTED JOBS

CERTIFICATE OF SERVICE

I hereby certify that on this 19th day of April,

1983, a copy of the foregoing Amended Complaint was served

on Robert E. Silverman, Esquire, 1500 Municipal Services

Building, Philadelphia, Pennsylvania, 19107, counsel of

record for defendants, by first-class mail, postage prepaid.

; ra,

yf. afl. JUN JT

Philip H. Lebowitz

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.