HARRIS v. CITY OF PHILADELPHIA

Nos. 93-1997, 93-2116 and 93-2117.

47 F.3d 1311 (1995)

Martin HARRIS; Jesse Kithcart; William Davis; Randall Cummings; Evelyn Lingham; Estrus Fowler; Tyrone Hill; and National Carter 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; Wilhelmina 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 E. Shipman, in his official capacity as Managing Director of the City of Philadelphia; and Mayor Edward G. Rendell, in his official capacity as Mayor of the City of Philadelphia, Theodore Levine, Albert F. Campbell, Rosita Saez-Achilla, Genece E. Brinkley, Esq., Rev. Paul M. Washington, M. Mark Mendel, Esq., Hon. Stanley Kubacki, Mamie Faines, J. Patrick Gallagher, Harry E. Moore, Wilhelmina Speach, Press Grooms, Raymond E. Shipman, Hon. Edward G. Rendell, and the City of Philadelphia, Appellants.

United States Court of Appeals, Third Circuit.

Decided February 15, 1995.


Attorney(s) appearing for the Case

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

Sarah B. Vandenbreak, Office of Dist. Atty., Philadelphia, PA, for amicus-appellant Lynne Abraham.

David Richman (argued), Pepper, Hamilton & Scheetz, Philadelphia, PA, for appellees.

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


OPINION OF THE COURT

SLOVITER, Chief Judge.

The lawsuit that underlies these appeals arises out of the decade-long efforts of a class of incarcerated prisoners to ameliorate the severe overcrowding and harsh conditions existing in the prisons maintained and supervised by the City of Philadelphia, Pennsylvania (hereafter Philadelphia or City). The Philadelphia defendants have not contested the need for substantial and meaningful improvements. Indeed, they...

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