HARRIS v. CITY OF PHILADELPHIA

No. 93-2034.

35 F.3d 840 (1994)

Martin HARRIS, Jesse Kithcart, William Davis, Randall Cummings, Evelyn Lingham, Estrus Fowler, Tyrone Hill, Nathaniel Carter and Lonnie Banks, Appellees, v. The CITY OF PHILADELPHIA; Joan Reeves, in her official capacity as Commissioner of the Department of Human Services of the City of Philadelphia; Albert F. Campbell, Rosita Saez-Achilla, Genece E. Brinkley, Esq., Rev. Paul M. Washington, M. Mark Mendel, Hon. Stanley Kubacki, Mamie Faines, 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; Harry E. Moore, in his official capacity as Warden of Holmesburg Prison; Wilhemina Speach, in her official capacity as Warden of the Detention Center; Press Grooms, in his official capacity as Warden of the House of Corrections; Raymond Shipman, in his official capacity as Managing Director of the City of Philadelphia; and Hon. Edward G. Rendell, in his official capacity as Mayor of the City of Philadelphia; Theodore Levine, in his official capacity as Commissioner of the Department of Human Services of the City of Philadelphia; Albert F. Campbell, Rosita Saez-Achilla, Genece E. Brinkley, Esq., Rev. Paul M. Washington, M. Mark Mendel, Hon. Stanley Kubacki, Mamie Faines, each in his or her official capacity as Trustees of the Philadelphia Prison System; J. Patrick Gallagher, in his official capacity as Superintendent of the Philadelphia Prison System; Harry E. Moore, in his official capacity as Warden of Holmesburg Prison; Wilhemina Speach, in her official capacity as Warden of the Detention Center; Press Grooms, in his official capacity as Warden of the House of Corrections; Raymond Shipman, in his official capacity as Managing Director of the City of Philadelphia; and Hon. Edward G. Rendell, in his official capacity as Mayor of the City of Philadelphia; and the City of Philadelphia, Appellants.

United States Court of Appeals, Third Circuit.

Decided September 29, 1994.


Attorney(s) appearing for the Case

John W. Morris, Mark A. Aronchick, Gary A. Rosen (Argued), Randy Karafin Hubert, Hangley Connolly Epstein Chicco Foxman & Ewing, James B. Jordan, Office of City Sol., Philadelphia, PA, for appellants.

David Richman, Philip H. Lebowitz (Argued), Michael S. Hino, Pepper, Hamilton & Scheetz, Philadelphia, PA, for appellees.

Before: SLOVITER, Chief Judge, MANSMANN and ALITO, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Chief Judge.

Before us is the City of Philadelphia's appeal from the orders of the district court dated September 24, 1993 and September 30, 1993 entering an injunction governing the occupancy and conditions of confinement of the City's newly constructed prison facility denominated the Alternative and Special Detention Central Unit ("ASDCU"). This is one of a series of appeals taken by the City from related orders arising out...

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