# Appendix — Irene Pernsley v. Martin Harris

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Appendix
- **Published:** January 1, 1985
- **Citation:** 474 U.S. 965

## Text

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. ) wumsanitary preparation and

service of food;

(c) inadequate heat and ventilation;

(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.

-12-

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.

-13-

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

-l4é4-

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

3.

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

al

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)

77

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
7

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.

ae

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.

© stea

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. 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;

(c) Those persons not included in subparagraphs
(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;

(c) female 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

nn
"
>
,

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
acree provice saic inmates

with social work assistance.

VOCATICNAL TRAINING AND JOBS

eo
tw

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

rh
0
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0.
QQ
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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 + ~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

Qo
w

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385012_0936%3A4. Public record. Not legal advice.