DEATH ROW PRISONERS OF PENNSYLVANIA v. RIDGE

Civil Action No. 96-3179.

948 F.Supp. 1258 (1996)

DEATH ROW PRISONERS OF PENNSYLVANIA, including, Michael Rainey, James Smith, Tyronne Moore, George Edwards, Scott Blystone and Roland Steele, for themselves and all other Pennsylvania Death Row Prisoners who are similarly situated, v. Thomas RIDGE, individually and in his official capacity as Governor of the Commonwealth of Pennsylvania; Thomas Corbett, individually and in his official capacity as Attorney General of the Commonwealth of Pennsylvania; Martin Horn, individually and in his official capacity as Commissioner of the Department of Corrections of the Commonwealth of Pennsylvania, and Other Employees and Officers of the Commonwealth of Pennsylvania Whose Identities Are Presently Not Known.

United States District Court, E.D. Pennsylvania.

October 17, 1996.


Attorney(s) appearing for the Case

Robert Brett Dunham, Billy H. Nolas, Michael Wiseman, David Wycoff, PA. Post-Conviction Defender Organization, Philadelphia, PA, Shelley Stark, Federal Public Defender's Office, Pittsburgh, PA, for Death Row Prisoners of Pennsylvania, including Michael Rainey.

Billy H. Nolas, Michael Wiseman, David Wycoff, PA. Post-Conviction Defender Organization, Philadelphia, PA, for James Smith, Tyronne Moore, George Edwards, Scott Blystone, Roland Steele.

Sarah B. Vandenbraak, Chief, Civil & Exceptional Litigation, Philadelphia, PA, Daniel J. Doyle, Office of Attorney General, Harrisburg, PA, Syndi L. Guido, Deputy General Counsel's Office, Harrisburg, PA, for Thomas Ridge, Martin Horn.

Sarah B. Vandenbraak, Chief, Civil & Exceptional Litigation, Philadelphia, PA, Amy Zapp, Deputy Attorney General, Daniel J. Doyle, Office of Attorney General, Harrisburg, PA, Syndi L. Guido, Deputy General Counsel's Office, Harrisburg, PA, for Thomas Corbett.


MEMORANDUM

PADOVA, District Judge.

                                TABLE OF CONTENTS

 I.  Facts & Procedural History ...................................................... 1262
II. Defendants' Motion to Dismiss — Discussion ....................................... 1264
    A. Legal Standard ................................................................ 1264
    B. Defendants' Procedural Defenses ...................

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