HARRIS v. REEVES

Nos. 91-1068, 91-1194.

946 F.2d 214 (1991)

Martin HARRIS, Jesse Kithcart, Jonathan Lewis, Roy Cold, Carol Ransome, John Cummings, Raymond Whittington, and Derrick Jones, v. Joan REEVES, in her official capacity as Commissioner of the Department of Human Services of the City of Philadelphia; Rev. Albert F. Campbell, Labora M. Bennett, James D. Barber, Allen M. Hornblum, M. Mark Mendel, Donald J. Padova, each in his or her official capacity as a member of the Board of Trustees of the Philadelphia Prison System; J. Patrick Gallagher, in his official capacity as Superintendent of the Philadelphia Prison system; Willie Gray, in his official capacity as Warden for Holmesburg Prison; Press Grooms, in his official capacity as Warden of the Detention Center; Harry Moore, in his official capacity as Warden of the House of Corrections; James S. White, in his official capacity as Managing Director in the City of Philadelphia; Hon. W. Wilson Goode, in his official capacity as Mayor of the City of Philadelphia; and the City of Philadelphia. Lynne Abraham, District Attorney of Philadelphia County, Proposed Intervenor, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 4, 1991.

Rehearing and Rehearing Denied October 31, 1991.


Attorney(s) appearing for the Case

Sarah B. Vandenbraak (argued), Chief, Civ. Litigation, Laurie Magid, Asst. Dist. Atty., Gaele McLaughlin Barthold, Deputy Dist. Atty., Philadelphia, Pa., for intervenor-appellant.

David Richman (argued), Philip H. Lebowitz (argued), Neill C. Kling, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for plaintiffs-appellees.

Charisse R. Lillie (argued), City Sol., Thomas J. Wamser, First Deputy City Sol., Philadelphia, Pa., for defendants-appellees.

Joseph C. Kohn, Kohn, Savett, Klein & Graf, Philadelphia, Pa., for amici curiae United Civic Ass'n of the Northeast, Boulevard Civic Ass'n, Bridesburg Civic Ass'n, Burholme Civic Ass'n, Central Northeast Civic Ass'n, Frankford Valley Civic Ass'n, Greater Bustleton Civic Ass'n, Holmesburg Civic Ass'n, Juniata Civic Ass'n, Lawncrest Civic Ass'n, Liberty Bell Civic Ass'n, Mayfair Civic Ass'n, Millbrook Civic Ass'n, Oxford Circle Civic Ass'n, Parkwood Civic Ass'n, Sandyford Civic Ass'n, Somerton Civic Ass'n, Tacony Civic Ass'n, Upper Holmesburg Civic Ass'n, Upper Northwood Civic Ass'n, WalPac Civic Ass'n and Wissinoming Civic Ass'n.

Before STAPLETON, GREENBERG and ALDISERT, Circuit Judges.


Rehearing and Rehearing In Banc Denied October 31, 1991.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

BACKGROUND

The Philadelphia District Attorney, Lynne Abraham, appeals from two orders of the district court in this prison condition litigation. The appeal at No. 91-1068 is from an order of January 14, 1991, denying her motion to intervene and the appeal at No. 91-1194 is from an order of March 11, 1991, approving a settlement of the...

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