HARRIS v. PERNSLEY

No. 87-1025.

820 F.2d 592 (1987)

Martin HARRIS, Albert Anthony, Orlando X. McCrea, Tyrone Glenn, Carlos Royster, Amin Abdullah, Khalid Allah Muhammad, and Arnold Rutick, Charles Oakes, Emanuel Gardner v. Irene PERNSLEY, individually and in her official capacity as Commissioner of the Department of Human Services 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, Gueton Curione, individually and in his official capacity as Warden of Holmesburg Prison, Phillip Dukes individually and in his official capacity as Warden of the Detention Center, John Daughen, individually and in his official capacity as Warden of the House of Corrections, Rodney D. Johnson, individually, Leo C. Brooks, individually, James S. White, individually and in his official capacity as Managing Director of the City of Philadelphia, William J. Green, individually, Hon. Wilson Goode, individually and in his official capacity as Mayor of Philadelphia, City of Philadelphia, Jay C. Waldman, individually and in his official capacity as General Counsel for the Commonwealth of Pennsylvania, Ronald J. Marks, individually, Glen Jeffes, individually and in his official capacity as Commissioner of the Pennsylvania Department of Corrections. Appeal of Ronald D. CASTILLE, District Attorney of Philadelphia County, Proposed Intervenor.

United States Court of Appeals, Third Circuit.

Decided May 15, 1987.

Rehearing and Rehearing Denied June 15, 1987.


Attorney(s) appearing for the Case

Sarah B. Vanderbraak (argued), Chief, Civil and Exceptional Litigation, Harriet R. Brumberg, Asst. Dist. Atty., Ronald Eisenberg, Chief, Appeals Unit, Gaele McLaughlin Barthold, Deputy Dist. Atty., Office of the Dist. Atty., Philadelphia, Pa., for appellant.

David Richman (argued), Philip H. Lebowitz, Thomas J. Wamser, Mary P. Hughues, Pepper, Hamilton & Sheetz, Philadelphia, Pa., for appellees Martin Harris, Albert Anthony, Orlando X. McCrea, Tyronne Glenn, Carlos Royster, Amin Abdullah, Khalid A. Muhammad, Arnold Furtick, Charles Oakes and Emanuel Gardner.

Handsel B. Minyard, City Sol., Richard J. Gold, Chief Deputy City Sol. (argued), Guy P. Vilim, Chief Asst. City Sol., Doris M. Leisch, Asst. City Sol., Office of the City Sol., Philadelphia, Pa., for all City of Philadelphia appellees.

Before GIBBONS, Chief Judge, and SEITZ and GARTH, Circuit Judges.


Rehearing and Rehearing In Banc Denied June 15, 1987.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Ronald Castille, the District Attorney of Philadelphia County, appeals the orders of the district court denying his motion to intervene as of right, 113 F.R.D. 615, and approving the settlement agreement reached by the parties in this prison conditions litigation, 654 F.Supp. 1042. This court has appellate jurisdiction...

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