HARRIS v. CITY OF PHILADELPHIA

No. 93-1988.

47 F.3d 1342 (1995)

Martin HARRIS; Jesse Kithcart; William Davis; Randall Cummings; Evelyn Lingham; Estrus Fowler; Tyrone Hill; Nathaniel 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 Hon. 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.

Sur Petition for Rehearing March 16, 1995.


Attorney(s) appearing for the Case

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

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

Philip Lebowitz (argued), David Richman, Samuel J.B. Angell, Pepper, Hamilton & Scheetz, Philadelphia, PA, for appellees.

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


OPINION OF THE COURT

SLOVITER, Chief Judge.

This is one of a group of appeals by the City of Philadelphia and its officials responsible for the operation of the Philadelphia Prison System (referred to collectively as City of Philadelphia) from orders of the district court holding it in contempt and imposing fines or stipulated penalties because of its failure to comply with various provisions of consent decrees or related orders designed to ameliorate the...

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