Carolyn Smith, et al v. City of Philadelphia, et al
| CAROLYN SMITH, in her individual capacity and as permanent legal custodian of T.A.H., A Minor and DR. TAMIERA S. HARRIS GRIFFIN, in her individual capacity |
| CITY OF PHILADELPHIA, MICHAEL MON, Esq., Deputy City Solicitor, in his Individual and Official Capacities, RACHEL MCHALE, Esq., Assistant City solicitor, in her individual and Official Capacities, ROBERT D. AVERSA, Esq., City Solicitor, in his individual and Official Capacities, KATHLEEN BOLA KIM, Assistant City Solicitor, in her Individual and Official Capacities, SHEREE STRAUSS, Legal Assistant/OHS Records Custodian, in her iindividual and Official Capacities, MEGAN MIRTENBAUM, ESQ. Divisional Deputy Solicitor, in her individual and Official Capacities, KIMBERLY ALI, Commissioner of OHS, in her Individual and Official Capacities, SAMUEL B HARRISON, III, Deputy Commissione, Child Welfare Operations, OHS, in his Individual and Official Capacities, VANESSA G. HARLEY, Deputy Mayor for the Office of Children and Families, in Her Individual and Official Capacities, JAMES WINSTON MARTIN, in his official capacity, MAUREEN PIE, Esq., in his official capacity, LISA MARIE VISCO, in his official capacity, AARON MIXON, Esq., in his indiividual capacity, SEAN FORMAN, Social Worker/Adoption Branch, in his Individual and official capacities, ANTHONY MAZZELLA, Adoption Clerk, in his individual and official capacities, KIMBERLY TOBIN, Director of Common Pleas Court, in her individual and Official Capacities and JOHN/JANE DOES 1-10, Unknown OHS Officials, in their Individual and Official Capacities |
| 26-1371 |
| February 19, 2026 |
| U.S. Court of Appeals, Third Circuit |
| Other Civil Rights |
Opinions
We have the following opinions for this case:
| Description |
|---|
| Carolyn Smith v. City of Philadelphia |
Docket Report
This docket was last retrieved on June 22, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 26 HARD COPY RECEIVED from Appellants Tamiera S. Harris Griffin and Carolyn Smith - PRO SE Reply Brief. Copies: 7. (KEL) [Entered: 06/22/2026 04:02 PM] |
| Filing 25 ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellants Carolyn Smith and Tamiera S. Harris Griffin. Certificate of Service dated 06/15/2026 by ECF. [26-1371]--[Edited 06/16/2026 by MCW] (TSH) [Entered: 06/15/2026 11:41 PM] |
Filing 24
ORDER (Clerk) The foregoing response is considered. No action will be taken on the foregoing response. Pursuant to Fed. R. App. P. 27(b), "The court may act on a motion for a procedural order including a motion under Rule 26(b) at any time without awaiting a response, and may, by rule or by order in a particular case, authorize its clerk to act on specified types of procedural motions. A party adversely affected by the Court's, or the Clerk's, action may file a motion to reconsider, vacate, or modify that action. Timely opposition filed after the motion is granted in whole or in part does not constitute a request to reconsider, vacate, or modify the disposition; a motion requesting that relief must be filed." The Clerk's Order dated June 4, 2026, will remain in effect. It is noted that Appellant Carolyn Smith's address has been updated by the Clerk. (EMA) [Entered: 06/11/2026 12:42 PM]
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Filing 23
ORDER (Clerk) referring to the merits panel the Joint Motion filed by AppellantsTamiera S. Harris Griffin and Carolyn Smith for Full Remand on the Grounds of Fraud on the Court with Oral Argument Requested. (DW) [Entered: 06/05/2026 12:29 PM]
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| Filing 22 ECF FILER: JOINT Motion filed by Appellant Tamiera S. Harris Griffin for Full Remand on Grounds of Fraud on the Court with Oral Argument Requested. Certificate of Service dated 06/04/2026. Service made by ECF. [26-1371]--[Edited 06/05/2026 by DW] (SEND TO MERITS)--[Edited 06/05/2026 by DW] (TSH) [Entered: 06/05/2026 02:52 AM] |
| Filing 21 ECF FILER: Response by Appellants Tamiera S. Harris Griffin and Carolyn Smith to the Clerk's order dated June 4, 2026 with Notice of change of address for Appellant Carolyn Smith and Reservation of Rights. Certificate of Service dated 06/04/2026. Service made by ECF [26-1371]--[Edited 06/05/2026 by DW] (TSH) [Entered: 06/04/2026 09:07 PM] |
Filing 20
ORDER (Clerk) The foregoing motion by Appellees to file Supplemental Appendix is granted with filing as of May 26, 2026. (EMA) [Entered: 06/04/2026 07:08 PM]
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| Filing 19 HARD COPY RECEIVED from Appellees Kimberly Ali, Robert D. Aversa, Esq., City of Philadelphia, Sean Forman, Vanessa G. Harley, Samuel B Harrison, III, Kathleen Bola Kim, Anthony Mazzella, Rachel McHale, Esq., Megan Mirtenbaum, Michael Mon, Esq., Sheree Strauss and Kimberly Tobin - Supplemental Appendix. Copies: 4. Volumes: 1 (MCW) [Entered: 06/03/2026 03:08 PM] |
| Filing 18 HARD COPY RECEIVED from Appellees Kimberly Ali, Robert D. Aversa, Esq., City of Philadelphia, Sean Forman, Vanessa G. Harley, Samuel B Harrison, III, Kathleen Bola Kim, Anthony Mazzella, Rachel McHale, Esq., Megan Mirtenbaum, Michael Mon, Esq., Sheree Strauss and Kimberly Tobin - Brief. Copies: 7. (KEL) [Entered: 06/02/2026 03:26 PM] |
| Filing 17 HARD COPY RECEIVED from Appellee Aaron Mixon, Esq. - Brief. Copies: 7. (KEL) [Entered: 06/01/2026 03:28 PM] |
| Filing 16 ECF FILER: ELECTRONIC SUPPLEMENTAL APPENDIX on behalf of Appellees Kimberly Ali, Robert D. Aversa, Esq., City of Philadelphia, Sean Forman, Vanessa G. Harley, Samuel B Harrison, III, Kathleen Bola Kim, Anthony Mazzella, Rachel McHale, Esq., Megan Mirtenbaum, Michael Mon, Esq., Sheree Strauss and Kimberly Tobin. Certificate of service dated 05/26/2026 by ECF. [26-1371] (JB) [Entered: 05/26/2026 03:13 PM] |
| Filing 15 ECF FILER: Motion filed by Appellees Kimberly Ali, Robert D. Aversa, Esq., City of Philadelphia, Sean Forman, Vanessa G. Harley, Samuel B Harrison, III, Kathleen Bola Kim, Anthony Mazzella, Rachel McHale, Esq., Megan Mirtenbaum, Michael Mon, Esq., Sheree Strauss and Kimberly Tobin to supplement the appendix. Certificate of Service dated 05/26/2026. Service made by ECF. [26-1371] (JB) [Entered: 05/26/2026 03:11 PM] |
| Filing 14 ECF FILER: ELECTRONIC BRIEF on behalf of Appellees Kimberly Ali, Robert D. Aversa, Esq., City of Philadelphia, Sean Forman, Vanessa G. Harley, Samuel B Harrison, III, Kathleen Bola Kim, Anthony Mazzella, Rachel McHale, Esq., Megan Mirtenbaum, Michael Mon, Esq., Sheree Strauss and Kimberly Tobin. Certificate of Service dated 05/26/2026 by ECF. [26-1371] (JB) [Entered: 05/26/2026 03:08 PM] |
| Filing 13 ECF FILER: ELECTRONIC BRIEF on behalf of Appellee Aaron Mixon, Esq.. Certificate of Service dated 05/26/2026 by ECF. [26-1371] (KAB) [Entered: 05/26/2026 10:37 AM] |
| Filing 12 Appellees Kimberly Ali, Robert D. Aversa, Esq., City of Philadelphia, Sean Forman, Vanessa G. Harley, Samuel B Harrison, III, Kathleen Bola Kim, Anthony Mazzella, Rachel McHale, Esq., Megan Mirtenbaum, Michael Mon, Esq., Sheree Strauss and Kimberly Tobin verbally granted an extension of time to file brief until 05/26/2026 pursuant to 3d Cir. L.A.R. 31.4. (TMM) [Entered: 05/06/2026 09:05 AM] |
| Filing 11 Appellee Aaron Mixon, Esq. verbally granted an extension of time to file brief and appendix until 05/26/2026 pursuant to 3d Cir. L.A.R. 31.4. (JK) [Entered: 05/01/2026 10:57 AM] |
| Filing 10 PRO SE BRIEF with Appendix attached on behalf of Appellants Carolyn Smith and Dr. Tamiera Harris Griffin. Pages: 37, Certificate of Service dated 04/06/2026 by US mail.--[Edited 06/05/2026 by DW] (PAR) [Entered: 04/07/2026 04:03 PM] |
| Filing 9 RETURNED MAIL. U.S. Postal Service returned Case Opening Packet [ # 1 ] sent to Appellant Carolyn Smith. Mail was returned marked: return to sender, unclaimed, unable to forward. No forwarding address is available. (DW) [Entered: 03/17/2026 12:31 PM] |
| Filing 8 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1. (DW) [Entered: 02/26/2026 11:16 AM] |
| Filing 7 BRIEFING NOTICE ISSUED. Brief on behalf of Appellants Carolyn Smith and Tamiera Harris Griffin due on or before 04/07/2026. Appendix due on or before 04/07/2026. (DW) [Entered: 02/26/2026 10:55 AM] |
| Filing 6 ECF FILER: ENTRY OF APPEARANCE from John P. Gonzales, Esquire on behalf of Appellee(s) City of Phila., Michael Mon, Esq., Rachel McHale, Esq., Robert Aversa, Esq., Kathleen Bola Kim, Esq., Sheree Strauss, Meagan Mirtenbaum, Esq., Kimberly Ali, Samuel B. Harrison, III, Vanessa Garrett Harley, Sean Forman, Anthony Mazzella, Kimberly Tobin. [26-1371] (JPG) [Entered: 02/26/2026 09:40 AM] |
| Filing 5 ECF FILER: ENTRY OF APPEARANCE from Joshua W. Brownlie on behalf of Appellee(s) City of Phila.; Michael Mon, Esq.; Rachel McHale, Esq.; Robert Aversa, Esq.; Kathleen Bola Kim, Esq.; Sheree Strauss; Meagan Mirtenbaum, Esq.; Kimberly Ali; Samuel B. Harrison III; Vanessa Garrett Harley; Sean Forman; Anthony Mazzella; Kimberly Tobin. [26-1371] (JB) [Entered: 02/23/2026 11:59 AM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Kimberly A. Boyer-Cohen on behalf of Appellee(s) Aaron Mixon, Esquire. [26-1371] (KAB) [Entered: 02/20/2026 12:54 PM] |
| Filing 3 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1. (DW) [Entered: 02/19/2026 05:41 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (DW) [Entered: 02/19/2026 05:38 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellants Tamiera Harris Griffin and Carolyn Smith in District Court No. 2:25-cv-05455. (DW) [Entered: 02/19/2026 05:25 PM] |
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| Search for this case: Carolyn Smith, et al v. City of Philadelphia, et al | |
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| Plaintiff: CAROLYN SMITH, in her individual capacity and as permanent legal custodian of T.A.H., A Minor | |
| Represented By: | Carolyn Smith |
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| Plaintiff: DR. TAMIERA S. HARRIS GRIFFIN, in her individual capacity | |
| Represented By: | Tamiera S. Harris Griffin |
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| Defendant: CITY OF PHILADELPHIA | |
| Represented By: | John P. Gonzales Esq. |
| Represented By: | Joshua Brownlie Esq. |
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| Defendant: MICHAEL MON, Esq., Deputy City Solicitor, in his Individual and Official Capacities | |
| Represented By: | John P. Gonzales Esq. |
| Represented By: | Joshua Brownlie Esq. |
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| Defendant: RACHEL MCHALE, Esq., Assistant City solicitor, in her individual and Official Capacities | |
| Represented By: | John P. Gonzales Esq. |
| Represented By: | Joshua Brownlie Esq. |
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| Defendant: ROBERT D. AVERSA, Esq., City Solicitor, in his individual and Official Capacities | |
| Represented By: | John P. Gonzales Esq. |
| Represented By: | Joshua Brownlie Esq. |
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| Defendant: KATHLEEN BOLA KIM, Assistant City Solicitor, in her Individual and Official Capacities | |
| Represented By: | John P. Gonzales Esq. |
| Represented By: | Joshua Brownlie Esq. |
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| Defendant: SHEREE STRAUSS, Legal Assistant/OHS Records Custodian, in her iindividual and Official Capacities | |
| Represented By: | John P. Gonzales Esq. |
| Represented By: | Joshua Brownlie Esq. |
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| Defendant: MEGAN MIRTENBAUM, ESQ. Divisional Deputy Solicitor, in her individual and Official Capacities | |
| Represented By: | John P. Gonzales Esq. |
| Represented By: | Joshua Brownlie Esq. |
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| Defendant: KIMBERLY ALI, Commissioner of OHS, in her Individual and Official Capacities | |
| Represented By: | John P. Gonzales Esq. |
| Represented By: | Joshua Brownlie Esq. |
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| Defendant: SAMUEL B HARRISON, III, Deputy Commissione, Child Welfare Operations, OHS, in his Individual and Official Capacities | |
| Represented By: | John P. Gonzales Esq. |
| Represented By: | Joshua Brownlie Esq. |
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| Defendant: VANESSA G. HARLEY, Deputy Mayor for the Office of Children and Families, in Her Individual and Official Capacities | |
| Represented By: | John P. Gonzales Esq. |
| Represented By: | Joshua Brownlie Esq. |
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| Defendant: JAMES WINSTON MARTIN, in his official capacity | |
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| Defendant: MAUREEN PIE, Esq., in his official capacity | |
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| Defendant: LISA MARIE VISCO, in his official capacity | |
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| Defendant: AARON MIXON, Esq., in his indiividual capacity | |
| Represented By: | Aaron E. Moore Esq. |
| Represented By: | Kimberly A. Boyer-Cohen Esq. |
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| Defendant: SEAN FORMAN, Social Worker/Adoption Branch, in his Individual and official capacities | |
| Represented By: | John P. Gonzales Esq. |
| Represented By: | Joshua Brownlie Esq. |
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| Defendant: ANTHONY MAZZELLA, Adoption Clerk, in his individual and official capacities | |
| Represented By: | John P. Gonzales Esq. |
| Represented By: | Joshua Brownlie Esq. |
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| Defendant: KIMBERLY TOBIN, Director of Common Pleas Court, in her individual and Official Capacities | |
| Represented By: | John P. Gonzales Esq. |
| Represented By: | Joshua Brownlie Esq. |
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| Defendant: JOHN/JANE DOES 1-10, Unknown OHS Officials, in their Individual and Official Capacities | |
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