Theresa Victory, et al v. County of Berks, et al
| C.O. ZERR, C.O. BROWN, C.O. REICHART and C.O. SPOTTS |
| ALICE VELAZQUEZ DIAZ, ANABELL DEALBA, AND ALL OTHERS SIMILARLY SITUATED and THERESA VICTORY |
| DEPUTY WARDEN STEPHANIE SMITH, WARDEN JANINE QUIGLEY, KEVIN S. BARNHARDT, CHRISTIAN Y. LEINBACH, COUNTY OF BERKS and MARK C. SCOTT |
| SERGEANT SPOTTS |
| 21 ORGANIZATIONS DEDICATED TO JUSTICE AND EQUITY FOR INCARCERATED WOMEN AND GIRLS |
| 19-2648 |
| July 17, 2019 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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| Theresa Victory v. County of Berks |
Docket Report
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This docket was last retrieved on September 11, 2019. A more recent docket listing may be available from PACER.
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| COURT MINUTES OF ARGUED/SUBMITTED CASES. [17-1613, 19-1172, 19-1329, 19-2193, 19-2648, 19-2695] (TLG) [Entered: 09/11/2019 02:29 PM] |
| ARGUED on Wednesday, September 11, 2019. Panel: HARDIMAN, GREENAWAY Jr. and BIBAS, Circuit Judges. Matthew J. Connell arguing for Appellants Brown, Reichart, Spotts, County of Berks; Arguing Person Information Updated for: Matthew J. Connell arguing for Appellant County of Berks; Arguing Person Information Updated for: Matthew J. Connell arguing for Appellant Kevin S. Barnhardt, Appellant Christian Y. Leinbach; Su Ming Yeh arguing for Appellee Samantha Huntington, Appellee Amara Sanders.. [19-1329, 19-2193, 19-2648, 19-2695] (TLG) [Entered: 09/11/2019 02:42 PM] |
| ECF FILER: SUMMARY OF ORAL ARGUMENT submitted by Attorney Su Ming Yeh, Esq. for Appellees Samantha Huntington, Amara Sanders and Theresa Victory in 19-1329, Attorney Su Ming Yeh, Esq. for Non-Participating Anabell Dealba and Appellees Theresa Victory, Amara Sanders, Samantha Huntington and Alice Velazquez Diaz in 19-2193, Attorney Su Ming Yeh, Esq. for Appellees Theresa Victory, Alice Velazquez Diaz and Anabell Dealba in 19-2648, 19-2695. Case Summary: Did the District Court properly find that Berks County and Defendants were violating the Equal Protection rights of female county prisoners, and properly issue preliminary injunctions and orders to remedy these violations?. Post Video: YES. [19-1329, 19-2193, 19-2648, 19-2695] (SY) [Entered: 09/05/2019 09:11 PM] |
| ECF FILER: SUMMARY OF ORAL ARGUMENT submitted by Attorney Matthew J. Connell, Esq. for Appellant County of Berks in 19-1329, 19-2193, Attorney Matthew J. Connell, Esq. for Appellants County of Berks, Kevin S. Barnhardt, Christian Y. Leinbach, Mark C. Scott, Janine Quigley, Stephanie Smith and Not Parties Correction Officer Brown, Correction Officer Reichart, Lieutenant Spotts and Correction Officer Zerr in 19-2648, Attorney Matthew J. Connell, Esq. for Appellants County of Berks, Kevin S. Barnhardt, Christian Y. Leinbach, Mark C. Scott, Janine Quigley, Stephanie Smith and Appellees Lieutenant Spotts, Correction Officer Reichart, Correction Officer Zerr and Correction Officer Brown in 19-2695. Case Summary: Does the Equal Protection Clause permit prisons to treat male and female inmates differently to further the safety and security of the entire prison population and what are the limits of a District Court's authority to manage jail operations.. Post Video: YES. [19-1329, 19-2193, 19-2648, 19-2695] (MJC) [Entered: 09/05/2019 05:06 PM] |
| Oral Argument Notification for Wednesday, 09/11/2019. Courtroom & Time: Maris Courtroom/2pm. Location: Philadelphia, PA. [19-1329, 19-2193, 19-2648, 19-2695] (TLG) [Entered: 08/29/2019 01:17 PM] |
ORDER (HARDIMAN, GREENAWAY JR. and BIBAS, Circuit Judges) granting Unopposed Motion by Appellees for Leave to File Supplemental Appendix, filed. Thomas M. Hardiman, Authoring Judge. [19-2193, 19-2648, 19-2695] (MS) [Entered: 08/26/2019 01:43 PM]
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ORDER (HARDIMAN, GREENAWAY JR. and BIBAS, Circuit Judges) The foregoing motion by 21 Organizations Dedicated to Justice and Equity for Incarcerated Women and Girls to file Amici Curiae Brief is granted, filed. Judge: HARDIMAN, Authoring. [19-2193, 19-2648, 19-2695] (EMA) [Entered: 08/23/2019 11:29 AM]
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| HARD COPY RECEIVED from Amicus Curiae 21 Organizations Dedicated to Justice and Equity for Incarcerated Women and Girls in support of Appellee/Respondent.. Copies: 8. [19-2193, 19-2648, 19-2695] (SJB) [Entered: 08/20/2019 01:25 PM] |
| HARD COPY RECEIVED from Appellants Kevin S. Barnhardt, County of Berks, Christian Y. Leinbach, Janine Quigley, Mark C. Scott, Stephanie Smith and Appellees Correction Officer Brown, Correction Officer Reichart, Lieutenant Spotts and Correction Officer Zerr in 19-2695, Appellant County of Berks in 19-1329, 19-2193, Appellants Kevin S. Barnhardt, County of Berks, Christian Y. Leinbach, Janine Quigley, Mark C. Scott and Stephanie Smith in 19-2648 - Reply Brief. Copies: 7. [19-2695, 19-1329, 19-2193, 19-2648] (SJB) [Entered: 08/20/2019 03:10 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Margaret H. Zhang on behalf of Amicus Curiae 21 Organizations Dedicated to Justice and Equity for Incarcerated Women and Girls. [19-2193, 19-2648, 19-2695] (MHZ) [Entered: 08/19/2019 02:47 PM] |
| ECF FILER: Motion filed by 21 Organizations Dedicated to Justice and Equity for Incarcerated Women and Girls to proceed as amicus in support of Appellee/Respondent. Certificate of Service dated 08/19/2019. [19-2193, 19-2648, 19-2695] (MHZ) [Entered: 08/19/2019 02:53 PM] |
| ECF FILER: ELECTRONIC AMICUS BRIEF with Addendum attached on behalf of 21 Organizations Dedicated to Justice and Equity for Incarcerated Women and Girls in support of Appellee/Respondent, filed. Certificate of Service dated 08/19/2019 by ECF, US mail. F.R.A.P. 29(a) Permission: NO. [19-2193, 19-2648, 19-2695] (MHZ) [Entered: 08/19/2019 02:59 PM] |
| ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellants Kevin S. Barnhardt, County of Berks, Christian Y. Leinbach, Janine Quigley, Mark C. Scott, Stephanie Smith and Appellees Correction Officer Brown, Correction Officer Reichart, Lieutenant Spotts and Correction Officer Zerr in 19-2695, 19-2648, Appellant County of Berks in 19-1329, 19-2193, Appellants Kevin S. Barnhardt, County of Berks, Christian Y. Leinbach, Janine Quigley, Mark C. Scott and Stephanie Smith in 19-2648, filed. Certificate of Service dated 08/16/2019 by ECF. [19-2695, 19-1329, 19-2193, 19-2648] (MJC) [Entered: 08/16/2019 03:46 PM] |
| HARD COPY RECEIVED from Appellees Samantha Huntington, Amara Sanders, Alice Velazquez Diaz and Theresa Victory in 19-2193, Appellees Alice Velazquez Diaz and Theresa Victory in 19-2648, 19-2695 - Brief. Copies: 7. [19-2193, 19-2648, 19-2695] (RM) [Entered: 08/14/2019 02:48 PM] |
| HARD COPY RECEIVED from Appellees Samantha Huntington, Amara Sanders, Alice Velazquez Diaz and Theresa Victory in 19-2193, Appellees Alice Velazquez Diaz and Theresa Victory in 19-2648, 19-2695 - Supplemental Appendix. Copies: 4. Volumes: 1 [19-2193, 19-2648, 19-2695] (MS) [Entered: 08/21/2019 01:05 PM] |
| ECF FILER: ELECTRONIC SUPPLEMENTAL APPENDIX on behalf of Appellees Samantha Huntington, Amara Sanders, Alice Velazquez Diaz and Theresa Victory in 19-2193, Appellees Alice Velazquez Diaz and Theresa Victory in 19-2648, 19-2695, filed. Certificate of service dated 08/12/2019 by ECF. [19-2193, 19-2648, 19-2695] (SY) [Entered: 08/12/2019 03:34 PM] |
| ECF FILER: UNOPPOSED Motion filed by Appellees Samantha Huntington, Amara Sanders, Alice Velazquez Diaz and Theresa Victory in 19-2193, Appellees Alice Velazquez Diaz and Theresa Victory in 19-2648, 19-2695 to supplement the appendix. Certificate of Service dated 08/12/2019. Service made by ECF. [19-2193, 19-2648, 19-2695] (SY) [Entered: 08/12/2019 03:37 PM] |
| ECF FILER: ELECTRONIC BRIEF on behalf of Appellees Alice Velazquez Diaz, Theresa Victory, Samantha Huntington and Amara Sanders in 19-2193, Appellees Alice Velazquez Diaz and Theresa Victory in 19-2648, 19-2695, filed. Certificate of Service dated 08/12/2019 by ECF. [19-2193, 19-2648, 19-2695] (SY) [Entered: 08/12/2019 03:48 PM] |
| HARD COPY RECEIVED from Appellants Kevin S. Barnhardt, County of Berks, Christian Y. Leinbach, Janine Quigley, Mark C. Scott, Stephanie Smith and Not Parties Correction Officer Reichart, Lieutenant Spotts and Correction Officer Zerr - Brief with Volume I of Appendix attached. Copies: 7. --[Edited 08/01/2019 by EAF - Spread to 19-2695] [19-2648, 19-2695] (LM) [Entered: 07/31/2019 04:01 PM] |
| HARD COPY RECEIVED from Appellants Kevin S. Barnhardt, County of Berks, Christian Y. Leinbach, Janine Quigley, Mark C. Scott and Stephanie Smith in 19-2695, 19-2648 - Appendix. Copies: 4. Volumes: 2 (Volume I attached to Brief). [19-2695, 19-2648] (MCW) [Entered: 08/01/2019 04:38 PM] |
| ECF FILER: ELECTRONIC APPENDIX on behalf of Appellants County of Berks, Kevin S. Barnhardt, Christian Y. Leinbach, Mark C. Scott, Janine Quigley, Stephanie Smith and Appellees Lieutenant Spotts, Correction Officer Reichart, Correction Officer Zerr and Correction Officer Brown in 19-2695, Appellants County of Berks, Kevin S. Barnhardt, Christian Y. Leinbach, Mark C. Scott, Janine Quigley and Stephanie Smith in 19-2648, filed. Certificate of service dated 07/29/2019 by ECF. --[Edited 08/01/2019 by EAF - Attachment removed as it is duplicative of the previously filed appendix] [19-2695, 19-2648] (MJC) [Entered: 07/29/2019 02:44 PM] |
| ECF FILER: ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellants County of Berks, Kevin S. Barnhardt, Christian Y. Leinbach, Mark C. Scott, Janine Quigley, Stephanie Smith and Appellees Lieutenant Spotts, Correction Officer Reichart, Correction Officer Zerr and Correction Officer Brown in 19-2695, Appellants County of Berks, Kevin S. Barnhardt, Christian Y. Leinbach, Mark C. Scott, Janine Quigley and Stephanie Smith in 19-2648, filed. Certificate of Service dated 07/29/2019 by ECF. --[Edited 08/01/2019 by EAF - Attachment removed as it is duplicative of the previously filed brief] [19-2695, 19-2648] (MJC) [Entered: 07/29/2019 02:41 PM] |
| ECF FILER: ELECTRONIC APPENDIX on behalf of Appellants County of Berks, Kevin S. Barnhardt, Christian Y. Leinbach, Mark C. Scott, Janine Quigley and Stephanie Smith in 19-2648, Appellants County of Berks, Kevin S. Barnhardt, Christian Y. Leinbach, Mark C. Scott, Janine Quigley, Stephanie Smith and Appellees Lieutenant Spotts, Correction Officer Reichart, Correction Officer Zerr and Correction Officer Brown in 19-2695, filed. Certificate of service dated 07/29/2019 by ECF. [19-2648, 19-2695] (MJC) [Entered: 07/29/2019 02:30 PM] |
| ECF FILER: ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellants County of Berks, Kevin S. Barnhardt, Christian Y. Leinbach, Mark C. Scott, Janine Quigley and Stephanie Smith in 19-2648, Appellants County of Berks, Kevin S. Barnhardt, Christian Y. Leinbach, Mark C. Scott, Janine Quigley, Stephanie Smith and Appellees Lieutenant Spotts, Correction Officer Reichart, Correction Officer Zerr and Correction Officer Brown in 19-2695, filed. Certificate of Service dated 07/29/2019 by ECF. [19-2648, 19-2695] (MJC) [Entered: 07/29/2019 02:27 PM] |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Matthew J. Connell, Esq. for Appellants Kevin S. Barnhardt, County of Berks, Christian Y. Leinbach, Janine Quigley, Mark C. Scott, Stephanie Smith and Not Parties Correction Officer Brown, Correction Officer Reichart, Lieutenant Spotts and Correction Officer Zerr. Certificate of Service dated 07/29/2019. Service made by ECF. [19-2648] (MJC) [Entered: 07/29/2019 12:30 PM] |
| Calendared for Monday, 09/09/2019. Calendar Clerk: TLG. (TLG) [Entered: 07/25/2019 09:32 AM] |
| CLERK ORDER Appeal No. 19-2695 is hereby consolidated for disposition with Nos. 19-1329, 19-2193, and 19-2648, which were previously consolidated and are calendared for submission to a merits panel during the week of September 9, 2019. In No. 19-2695, Appellants are seeking review of a July 11, 2019 order finding Appellants Warden Quigley and Berks County in contempt and ordering the payment of damages and attorneys' fees to one of the Appellees. To the extent the July 11, 2019 order may not be immediately appealable, the parties should address this Court's jurisdiction over the appeal in the supplemental briefs to be filed by the parties. The briefing schedule set out in the July 18, 2019 Clerk's Order is hereby vacated. The following deadlines will now apply to these cases: (1) On or before July 26, 2019, the fees for No. 19-2695 must be paid and all case-opening forms must be filed by the parties. (2) On or before 4:00 p.m. on July 29, 2019, Appellants must file and serve a supplemental opening brief and the appendix for Nos. 19-2648 and 19-2695. (3) On or before 4:00 p.m. on August 12, 2019, Appellees must file and serve a consolidated response brief addressing Nos. 19-2193, 19-2648, and 19-2695. (4) On or before 4:00 p.m. on August 16, 2019, Appellants may file a consolidated reply brief addressing Nos. 19-2193, 19-2648, and 19-2695. No extensions of time will be granted as the cases will remain calendared for September 9, 2019. Because the Court disfavors repetitive briefing, the parties are encouraged to adopt by reference portions of their previously filed briefs, filed. [19-1329, 19-2193, 19-2648, 19-2695] (CJG) [Entered: 07/24/2019 09:04 AM] |
| ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants County of Berks, Kevin S. Barnhardt, Christian Y. Leinbach, Mark C. Scott, Janine Quigley and Stephanie Smith advising this court that transcripts are already on file in the District Court. Requested date(s) are: July 9, 2019, to be filed by Ann Marie Mitchell. [19-2648] (MJC) [Entered: 07/23/2019 02:33 PM] |
| ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants Kevin S. Barnhardt, County of Berks, Christian Y. Leinbach, Mark C. Scott, Janine Quigley and Stephanie Smith, filed. [19-2648] (MJC) [Entered: 07/23/2019 02:30 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Laurie A. Fiore on behalf of Appellant(s) The County of Berks, Commissioner Kevin S. Barnhardt, Commissioner Christian Y. Leinbach, Commissioner Mark C. Scott, Esquire, Warden Janine Quigley and Deputy Warden Stephanie Smith. [19-2648] (LAF) [Entered: 07/23/2019 02:37 PM] |
| ECF FILER: Concise Summary of the Case filed by Appellants County of Berks, Kevin S. Barnhardt, Christian Y. Leinbach, Mark C. Scott, Janine Quigley and Stephanie Smith, received. [19-2648] (MJC) [Entered: 07/23/2019 02:31 PM] |
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ORDER (Clerk) vacating transcript scheduling order issued on 07/23/2019, to Joan Carr, filed. (CJG) [Entered: 07/23/2019 03:26 PM]
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| ECF FILER: ENTRY OF APPEARANCE from Su Ming Yeh on behalf of Appellee(s) Theresa Victory, Alice Velazquez-Diaz, and all others similarly situated. [19-2648] (SY) [Entered: 07/23/2019 02:56 PM] |
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ORDER to Court Reporter Ms. Joan Carr directing transcripts, ordered on 07/23/2019, to be filed by 08/26/2019. [-VACATED Per Clerk's 7/23/19 Order.]--[Edited 07/23/2019 by CJG] (CJG) [Entered: 07/23/2019 03:04 PM]
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| Notice received from the district court that the docketing and filing fees were paid by the appellant on 07/22/2019. (JK) [Entered: 07/22/2019 12:23 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Matthew A. Feldman on behalf of Appellee(s) Theresa Victory, Alice Velazquez-Diaz, all others similarly situated. [19-2648] (MAF) [Entered: 07/19/2019 09:46 AM] |
| ECF FILER: Response filed by Appellees Theresa Victory and Alice Velazquez Diaz to motion. Certificate of Service dated 07/19/2019. [19-2648] (MAF) [Entered: 07/19/2019 10:29 AM] |
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ORDER (Clerk) At the direction of the Court, the foregoing Motion to Stay is granted. The Order dated 07/15/2019 of the United States District Court for the Eastern District of Pennsylvania is stayed pending the Court's consideration of the Appeal, filed. (JK) [Entered: 07/19/2019 03:46 PM]
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| CLERK ORDER, Appeal No. 19-2648 is consolidated for disposition with Nos. 19-1329 and 19-2193, which were previously consolidated and are calendared for submission to a merits panel during the week of September 9, 2019. In order to expeditiously prepare the appeals for submission to the merits panel, any existing briefing schedules are vacated in favor of the following deadlines: (1) Within five days of this order, the fees for No. 19-2648 must be paid and all case-opening forms must be filed. Any necessary transcripts must be ordered on an expedited basis to accommodate this briefing schedule. (2) On or before July 26, 2019, the appellants must file and serve a supplemental opening brief and the appendix for No. 19-2648. (3) On or before August 9, 2019, the appellees must file a consolidated response brief addressing Nos. 19-2193 and 19-2648. (4) On or before August 16, 2019, the appellants may file a consolidated reply brief addressing Nos. 19-2193 and 19-2648. Absent extraordinary circumstances, extensions of these deadlines will not be granted. Because the Court disfavors repetitive briefing, the parties are encouraged to adopt by reference portions of their previously filed briefs, filed. [19-1329, 19-2193, 19-2648 [-VACATED per Clerk's Order entered 7/24/19]--[Edited 07/24/2019 by CJG] (JK) [Entered: 07/18/2019 02:04 PM] |
| ECF FILER: Motion filed by Appellants Kevin S. Barnhardt, County of Berks, Christian Y. Leinbach, Janine Quigley, Stephanie Smith and Mark C. Scott to stay Emergency Motion for Stay of the Order dated July 15, 2019 of the United States District Court for the Eastern District of Pennsylvania Pending Appeal with Request for Expedited Review. Certificate of Service dated 07/17/2019. Service made by ECF. [19-2648] (MJC) [Entered: 07/17/2019 04:02 PM] |
| RECORD available on District Court CM/ECF. (JK) [Entered: 07/17/2019 01:47 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Matthew J. Connell on behalf of Appellant(s) The County of Berks, Commissioners Kevin S. Barnhardt, Christian Y. Leinbach, and Mark C. Scott, Esquire, Warden Janine Quigley, and Deputy Warden Stephanie Smith. [19-2648] (MJC) [Entered: 07/17/2019 04:08 PM] |
| TEXT ONLY ORDER (Clerk): Any response to the appellants' stay motion must be filed by 10:30 a.m. on Friday, July 19, 2019. (RFH) [Entered: 07/17/2019 05:53 PM] |
| CIVIL CASE DOCKETED. Notice filed by Appellants Kevin S. Barnhardt, County of Berks, Christian Y. Leinbach, Janine Quigley, Mark C. Scott and Stephanie Smith in District Court No. 5-18-cv-05170. (JK) [Entered: 07/17/2019 01:44 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Samantha A. Ryan on behalf of Appellant(s) The County of Berks, Commissioners Kevin S. Barnhardt, Christian Y. Leinbach, and Mark C. Scott, Esquire, Warden Janine Quigley, and Deputy Warden Stephanie Smith. [19-2648] (SR) [Entered: 07/17/2019 04:11 PM] |
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