HARRIS v. PERNSLEY

No. 84-1039.

755 F.2d 338 (1985)

HARRIS, Martin a/k/a Carmichael, Arthur, Prison Number 80-16203, Anthony, Albert — # 81-16129, McCrea, Orlando X. — # 81-14560, Moore, Andre — # T-3223, Hansford, Frank L., Jr. — # T-3219 T-3765, Glenn, Tyrone — # 80-11017, Royster, Carlos — # 81-13076, Abdullah, Amin — # 82-00012, Muhammad, Khalid Allah — # 80-08190, Furtick, Arnold — # 80-16429 on behalf of themselves and all other persons similarly situated, Appellants, v. 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 System, David S. Owens, individually and in his official capacity as Superintendent of the Philadelphia Prison System, 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 Pennsylvania Bureau of Corrections, Appellees.

United States Court of Appeals, Third Circuit.

Decided February 22, 1985.

Rehearing and Rehearing Denied March 21, 1985.


Attorney(s) appearing for the Case

David Richman (argued), Richard M. Bernstein, Philip H. Lebowitz, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for appellants.

Leroy S. Zimmerman, Atty. Gen., Carl Vaccaro (argued), Deputy Atty. Gen., Philadelphia, Pa., for appellee Marks.

John P. Krill, Deputy General Counsel, Comm. of Pa., Harrisburg, Pa., for appellee Waldman.

Richard J. Gold (argued), Divisional Deputy City Sol., August V. Sellitto, Asst. City Sol., Philadelphia, Pa., for appellees Pernsley, Simms, Campbell, Bennett, Barber, Mendel, Padova, Owens, Daughen, Johnson, Green & the City of Philadelphia.

Before GIBBONS and GARTH, Circuit Judges, and TEITELBAUM, District Judge.


Rehearing and Rehearing In Banc Denied March 21, 1985.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

The plaintiffs, inmates of Philadelphia's Holmesburg Prison, appeal from a judgment dismissing their amended class action complaint, which seeks injunctive relief against that institution as well as money damages for the conditions of confinement in same. The plaintiffs originally filed a pro se complaint which was later amended after the appointment...

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