Case 2:16-cv-01879-CRE Document 1 Filed 12/19/16 Page 1 of 26

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ELIZABETH SEITZ; MERSIHA TUZLIC; :

RIVA DEPASSE; JILL HENDRICKS;

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KIARI DAY,

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Plaintiffs,

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v.

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ALLEGHENY COUNTY; ORLANDO

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HARPER, Warden of Allegheny County Jail; :

SIMON WAINWRIGHT, Deputy Warden; :

MONICA LONG, Deputy Warden; SGT.

:

JESSE ANDRASCIK,

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Defendants.

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Case No. ELECTRONICALLY FILED

CLASS ACTION COMPLAINT Plaintiffs, by their undersigned counsel, bring this complaint for legal and equitable relief. Statements in support are as follows.
Nature of Action This action is brought to remedy the cruel, unusual and inhumane practice at the Allegheny County Jail (“ACJ”) of placing pregnant women in solitary confinement for extended periods of time and subjecting them to additional punitive conditions without due cause or due process, based upon allegations of minor, non-violent offenses, and knowing full well that such a practice can cause irreparable harm to the health of the women and their pregnancies. Solitary confinement – confining a person in a cell for 23 or more hours a day – is well known to be extreme punishment and the cause of severe and irreparable physical, emotional and mental harm

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to individuals subjected to its use, particularly individuals who have existing mental health disorders, juveniles and pregnant women.
Named Plaintiffs Elizabeth Seitz, Mersiha Tuzlic, Riva DePasse, and Jill Hendricks are women who Defendants recently placed in solitary confinement at ACJ while they were pregnant. These named Plaintiffs exemplify the constitutional violations suffered by a class of individuals, namely, other pregnant women at ACJ, now and in the future. Each of these Plaintiffs spent between 6 and 22 days in solitary confinement where they were isolated for 23 to 24 hours per day and frequently denied any opportunity to leave their cells for showers or recreation. Defendants subjected them to these cruel and inhumane conditions for allegedly committing minor, non-violent rule violations or even for investigatory purposes and failed to provide any procedural due process protections, like notice and meaningful opportunity to contest the punishment, until they had spent a week or more in solitary confinement and often provided no due process at all.
Allegheny County’s policy, practice, or custom of placing pregnant women in the harsh conditions of solitary confinement for extended periods of time for minor, non-violent offenses violates Plaintiffs’ rights under the Fourteenth Amendment to the United States Constitution to due process of law and under the Eighth Amendment to the United States Constitution to be free from cruel and unusual punishment because it improperly and unnecessarily subjects the women to a serious risk of harm to their health and the health of their pregnancies. The Defendants know full well and have been notified that this custom, practice and policy is both unconstitutional and injurious, yet they continue to regularly engage in it and, despite demands to stop, have failed to create and enforce proper practices and procedures to end the unconstitutional treatment.
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To remedy the violation of the rights of Plaintiffs and other similarly situated individuals, Plaintiffs seek declaratory relief declaring that the present policy, practice and custom in place at ACJ is unconstitutional. They also seek an injunction – preliminary, if necessary, and final – prescribing proper guidelines for the confinement of pregnant women in ACJ, plus damages, attorneys’ fees, costs and any other relief, legal or equitable in nature, to remedy the existing, intolerable violations of Plaintiffs’ constitutional rights.
Jurisdiction and Venue 1. This case is brought pursuant to 42 U.S.C. § 1983 and the Eighth and Fourteenth Amendments to the United States Constitution, seeking declaratory, injunctive, and monetary relief. 2. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1343(a)(3)-(4). 3. This Court is the appropriate venue pursuant to 28 U.S.C. § 1391(b)(2) because the events and omissions giving rise to this action occurred in Allegheny County, Pennsylvania, within the Western District.
Parties 4. Plaintiff Elizabeth Seitz is a 28-year-old pregnant woman currently incarcerated at the Allegheny County Jail (“ACJ”). She is incarcerated pursuant to an alleged probation violation. 5. Plaintiff Riva DePasse is a 27-year-old pregnant woman currently incarcerated at ACJ. She is incarcerated pursuant to a misdemeanor charge that has not yet been adjudicated. 6. Plaintiff Jill Hendricks is a 38-year-old pregnant woman who until recently was incarcerated at ACJ. She was incarcerated pursuant to an alleged probation violation. She
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remains on probation and could be returned to ACJ upon allegation that she has violated the terms of her probation.
7. Plaintiff Mersiha Tuzlic is a 29-year-old pregnant woman who until recently was incarcerated at ACJ. She is now on house arrest and could be returned to ACJ upon allegation that she has violated the terms of her probation.
8. Plaintiff Kiari Day is a 27-year-old pregnant woman who is currently incarcerated at ACJ pursuant to a criminal conviction.
9. Defendant Allegheny County is a county government organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business at 436 Grant Street, Pittsburgh, Pennsylvania 15219. Allegheny County operates the Allegheny County Jail, located at 950 Second Avenue, Pittsburgh, Pennsylvania 15219.
10. Defendant Orlando Harper is the warden at the Allegheny County Jail with his principal place of business being 950 Second Avenue, Pittsburgh, Pennsylvania. Defendant Harper is responsible for the oversight, operation and administration of the ACJ including the implementation and enforcement of all disciplinary and dietary policies. He is sued in his individual capacity.
11. Defendant Simon Wainwright is the deputy warden at ACJ with his principal place of business being 950 Second Avenue, Pittsburgh, Pennsylvania. Defendant Wainwright is also responsible for the oversight, operation and administration of the ACJ. He is sued in his individual capacity.
12. Defendant Monica Long is the deputy warden at ACJ with her principal place of business being 950 Second Avenue, Pittsburgh, Pennsylvania. Defendant Long is also
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responsible for the oversight, operation and administration of the ACJ. She is sued in her individual capacity.
13. Defendant Sergeant Jesse Andrascik is employed by Allegheny County and works at ACJ with his principal place of business being 950 Second Avenue, Pittsburgh, Pennsylvania. Defendant Andrascik is sued in his individual capacity.
Statement of Facts Allegheny County’s Custom, Policy, or Practice of Placing Pregnant Women in Solitary Confinement 14. Defendant Allegheny County has a custom, policy, or practice of placing pregnant women – including those suffering from existing mental, emotional and physical disorders – in solitary confinement at the Allegheny County Jail. 15. Defendants have subjected four of the plaintiffs, while pregnant, to conditions of solitary confinement on multiple occasions during their confinement at ACJ. The fifth plaintiff has only recently become incarcerated at ACJ and is at risk of being placed in solitary confinement pursuant to the challenged custom, policy, or practice at issue in this complaint. 16. Solitary confinement, known by many names, refers to the practice of holding an incarcerated person in a cell between 22 and 24 hours per day, isolated from normal social interaction with others and subjected to severe restrictions impacting every aspect of their lives. 17. At ACJ, solitary confinement is frequently a status rather than a physical location, as the punishment of solitary confinement is utilized on different units and applied to certain inmates, regardless of their physical location at ACJ. 18. Accordingly, an individual who is placed on solitary confinement status may be held in a regular cell, a special cell used for solitary confinement, or a cell in the jail infirmary.
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19. In addition, individuals on solitary confinement status may share a cell with another individual on solitary confinement status due to space constraints.
20. Regardless of their physical location, pregnant women at ACJ who are placed in solitary confinement spend 23 to 24 hours per day in their cells, are isolated from normal social interaction, and are subject to severe conditions and restrictions that impact every aspect of their lives, including the health of their pregnancies. By way of example, they are frequently:
a. denied for extended periods any time outside of their cell to bathe or exercise; b. denied access to any of their property, including legal documents, books, pens,
paper, and other items that prisoners in general population are permitted to keep in their cells; c. denied medication they need and have been prescribed; and d. denied adequate and necessary nutrition to properly support their health and the health of their pregnancies. 21. For example, in November, Defendants placed Plaintiff Elizabeth Seitz, who was seven-months pregnant, into solitary confinement for ten days. They restricted her to the cell for 24 hours per day, allowing her to shower only twice in 10 days, and forcing her to go six days without any shower. 22. Starting on November 20, Defendants placed Plaintiff Jill Hendricks, who was eight-months pregnant at the time, into solitary confinement for nine days. During the entire nine-day period, Ms. Hendricks was only allowed out of her cell once – for an hour on Thanksgiving Day. 23. This past May, Defendants placed Plaintiff Mersiha Tuzlic, when she was approximately two-months pregnant, into solitary confinement for 22 days. During the 22 days
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in solitary confinement, Defendants allowed Ms. Tuzlic to shower only twice; did not allow her any out-of-cell time for recreation or exercise; and did not permit her to have any personal items, including any materials to occupy herself such as books, magazines, paper, or writing utensils.
24. In late October, Defendants subsequently placed Ms. Tuzlic in solitary confinement once again, this time for 11 days. The conditions were similarly inhumane. Defendants placed her in a cell with another pregnant woman. The cell had bunk beds, but since neither woman was supposed to occupy the top bunk due to their pregnancy, one woman slept on the bottom bunk and the other was forced to sleep on the floor.
25. While in solitary confinement, Defendants do not allow pregnant prisoners to purchase any items from the jail commissary, including food. Consequently, pregnant prisoners in solitary confinement are frequently hungry and undernourished. The so-called ACJ “pregnancy diet,” which is typically given to pregnant inmates, is nutritionally inadequate even for pregnant inmates in general population. In general population, however, those inmates can and typically do supplement their diets with purchases from the commissary. Pregnant prisoners in solitary confinement at ACJ are often denied even the inadequate pregnancy diet given to general population prisoners, and are forbidden access to commissary.
26. Allegheny County and its officials have adopted their custom, policy, or practice of placing pregnant prisoners in solitary confinement, accompanied by other inhumane conditions, despite their knowledge of the well-known and accepted fact that solitary confinement can cause severe psychological suffering and present significant distinctive risks to pregnant women’s physical and mental health. Because of the harms and risks associated with solitary confinement, there is consensus among correctional officials and experts, human rights
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organizations, and governmental agencies that vulnerable populations, including pregnant women, should not be housed in these conditions. For example:
a. The U.S. Department of Justice Report and Recommendations Concerning the Use of Restrictive Housing asserted that “Women who are pregnant, who are post-partum, who recently had a miscarriage, or who recently had a terminated pregnancy should not be placed in restrictive housing.” Only in “very rare situations” may a pregnant woman “be placed in restrictive housing as a temporary response to behavior that poses a serious and immediate risk of physical harm. Even in such cases, this decision must be approved by the agency’s senior official overseeing women’s programs and services, in consultation with senior officials in health services, and must be reviewed every 24 hours.” See USDOJ Report and Recommendations Concerning the Use of Restrictive Housing, p. 102.
b. The National Commission on Correctional Health Care (“NCCHC”), an accrediting agency for prison health care services, has adopted a position statement on solitary confinement, which states that “pregnant women should be excluded from solitary confinement of any duration.”
c. According to the NCCHC, “[i]nternational standards established by the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders state that pregnant women should never be placed in solitary confinement as they are especially susceptible to its harmful psychological effects.”
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27. As recently observed by the Chief Judge of the United States District Court for the Middle District of Pennsylvania, “Researchers have observed that ‘psychological stressors such as isolation can be as clinically distressing as physical torture.’” Johnson v. Wetzel, -F.Supp.3d, 2016 WL 5118149, *9 (quoting Jeffrey L. Metzner, M.D., et al., Solitary Confinement and Mental Illness in U.S. Prisons: A Challenge for Medical Ethics, 38 J. AM. ACAD. Psychiatry & Law 104, 104 (2010)).
28. Despite the existence of national and international standards restricting the use of solitary confinement for pregnant women, Allegheny County and its officials routinely place pregnant prisoners at ACJ in solitary confinement for minor, non-violent rule violations. For example:
a. ACJ placed Ms. Hendricks in solitary confinement for nine days for possession of a library book that contained pictures and envelopes that had been placed there by another prisoner who had previously borrowed the book; and
b. ACJ placed Ms. Tuzlic in solitary confinement for 11 days for possessing three pairs of shoes instead of only two pairs.
29. Allegheny County and its officials also place pregnant prisoners at ACJ in solitary confinement on “investigative status,” without due process, for mere suspicion of rule violations and based upon false allegations. For example, ACJ placed Ms. Seitz in solitary confinement for ten days on investigative status with no investigation or hearing, upon false allegations of misconduct by a correctional officer.
30. Solitary confinement is used as a form of discipline and punishment of pregnant women at ACJ without due process of law, to wit:
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a. ACJ does not provide pregnant women with hearings or any meaningful opportunity to be heard prior to placing them in solitary confinement for rule violations;
b. ACJ places pregnant women in solitary confinement and typically does not afford them a hearing for a week or more;
c. ACJ often places pregnant women in solitary confinement without giving them any hearing or any process whatsoever to determine whether they actually violated any rule; and
d. ACJ frequently denies pregnant women placed in solitary confinement access to an effective grievance process, thereby depriving them of a way to contest unconstitutional and dangerous treatment and conditions.
31. For example, Ms. Tuzlic filed a grievance with Warden Harper in June regarding the unconstitutional conditions of her solitary confinement, informing Warden Harper that she had been in solitary confinement on investigative status for eleven days without a hearing; that her pregnancy was classified as “high-risk”; that she had not been permitted to leave her cell for any recreation; that she was experiencing serious psychological stress, pain, and anxiety as a consequence; and requested the opportunity to go to the gym for recreation for an hour. The Jail’s delayed response, weeks later, summarily dismissed her grievance, stating simply, “If this is a problem don’t come to jail.” (See Inmate’s Request to Staff Member, Form ACJ-135A, attached hereto as Exhibit “A”.)
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Allegheny County’s Failure to Provide Pregnant Women with Adequate Nutrition and Dietary Supplements
32. ACJ’s policy regarding pregnant women fails to mandate a diet meeting the nutritional requirements for a healthy pregnancy. The deficient diet is provided to pregnant women even when they are not on restricted status, i.e., when they are in general population.
33. Pregnant women often must request to be placed on the special pregnancy diet, and could go days or weeks without receiving it; otherwise they will receive non-pregnancy diets.
34. Even when placed on the “pregnancy diet,” however, the portions allotted to pregnant women are nutritionally inadequate and fail to meet minimal requirements for a healthy pregnancy.
35. Pursuant to ACJ policy, women receiving the pregnancy diet are supposed to be provided with three meals per day plus an evening snack.
36. A typical meal provided for those receiving the pregnancy diet consists of two slices of bread, a thin hamburger with no toppings, less than 1/2 cup of canned fruit, less than 1/2 cup of canned vegetables, and a half-pint of milk. Another meal may consist of sausage, less than 1/2 cup of canned apples, no vegetables, and a dry salad primarily consisting of lettuce. Each meal is supposed to have portions essentially identical to this.
37. Women receiving the pregnancy diet, however, routinely do not even receive these portions. Often there is no serving of fruit, or no serving of vegetables, and they typically receive only one half-pint of milk per day rather than three half pints.
38. Although women receiving the pregnancy diet are supposed to receive a bag containing a snack for them to eat after dinner, such as an egg and a bit of peanut butter, these bags are often not provided.
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39. Women routinely wait for several weeks upon arrival at ACJ before receiving even the inadequate pregnancy diet.
40. When pregnant women are moved from one cell block in the prison to another, whether that is to a general population pod, a solitary confinement cell, or a cell in the infirmary, it is common that they stop receiving the pregnancy diet for several days before the issue is corrected.
41. Even when they are receiving the pregnancy diet regularly, pregnant women are constantly hungry and under-nourished.
42. Because of the nutritional and caloric inadequacy of the pregnancy meals, pregnant women at ACJ are forced to find ways to supplement their diet. The jail commissary is one way to do that, but not all pregnant women have access to commissary, and even if they do they may not have the resources to make a purchase.
43. For the pregnant women with ability to purchase food from the commissary, the food is not healthy or nutritional, mostly consisting of processed and junk foods.
44. Women in solitary confinement have no access to the commissary. 45. Although trading or sharing commissary items is prohibited under ACJ policy, pregnant women frequently resort to trading items for food to satiate their constant hunger. Many pregnant women knowingly violate the rules against trading for food and thereby risk placement in solitary confinement in a desperate effort to get enough food. 46. In addition to ACJ’s failure to provide adequate nutrition to pregnant women, ACJ often fails to give pregnant women necessary and prescribed medical supplements, such as prenatal vitamins and calcium supplements.
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47. As a result of ACJ’s failure to ensure that pregnant women are provided with adequate portions of nutritionally sufficient food and their prescribed vitamin and calcium supplements, pregnant women at ACJ and their fetuses are at risk of severe and irreparable harm.
Particularized Allegations Exemplifying Overarching Unconstitutional Conduct Elizabeth Seitz
48. Elizabeth Seitz was incarcerated at the ACJ on August 23, 2016, for an alleged probation violation and pending new criminal charges. She was incarcerated in ACJ prior to a court adjudication of the alleged violation of the terms of her probation and disposition of the new charges.
49. Ms. Seitz was pregnant at the time of her incarceration, and is now approximately eight-months pregnant. Her due date is January 18, 2017.
50. Ms. Seitz’s pregnancy is considered high-risk because she experienced pre-term labor during a previous pregnancy and suffered cervical cancer that resulted in the removal of 3/4 of her cervix.
51. Ms. Seitz is diagnosed with Bipolar Disorder, Depression, Post-Traumatic Stress Disorder, and Anxiety Disorder.
52. Since her incarceration at ACJ in August, Ms. Seitz has been placed in solitary confinement twice.
53. In October, Ms. Seitz spent 21 days in solitary confinement in a cell in the infirmary based on a false allegation of a non-violent rule violation.
54. During that time, she was permitted out of her cell for one hour per day on weekdays to shower or get exercise. She was not permitted out of her cell at all on weekends.
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55. Defendants placed Ms. Seitz in solitary confinement for 21 days even though she posed no risk of harm.
56. Defendants did not give Ms. Seitz a hearing prior to placing her in solitary confinement.
57. Defendants gave Ms. Seitz a hearing only after she had been held in solitary confinement for 14 days. At the hearing, ACJ officials told her she would have to remain in solitary for another week.
58. Defendants did not allow Ms. Seitz to access commissary during this period despite being pregnant, resulting in her being hungry and under-nourished.
59. Ms. Seitz experienced hunger, deprivation of exercise, severe stress and emotional suffering because of her twenty-one days of solitary confinement.
60. Defendants again placed Ms. Seitz in solitary confinement in November for 10 days. This time the basis for the detention was investigative, based on suspicion of a non-violent rule violation.
61. While in solitary confinement, Ms. Seitz had a fever of 101 degrees and her ankles became very swollen.
62. Ms. Seitz, who was unable to communicate with her four children or their father while in solitary confinement, became depressed, despondent, hungry, and anxious.
63. Despite posing no risk of physical harm, Ms. Seitz spent 10 days in solitary confinement without a hearing.
64. Ms. Seitz was released from solitary confinement on November 14 after her attorney submitted a letter to Defendants Harper, Wainwright, and Long demanding her release from solitary confinement.
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65. Ms. Seitz remains incarcerated at ACJ and is subject to the same customs, policies, and practices pertaining to solitary confinement of pregnant women and the inadequate pregnancy diet. Riva DePasse
66. Riva DePasse was incarcerated at ACJ on October 4, 2016, for an alleged probation violation and pending a new criminal charge. She is currently approximately sevenmonths pregnant. Her due date is February 6, 2017.
67. Ms. DePasse was incarcerated in ACJ prior to a court adjudication of the alleged violation of the terms of her probation and disposition of a new criminal charge.
68. In October, Defendants placed Ms. DePasse in solitary confinement on investigative status for approximately six days.
69. Ms. DePasse did not pose a risk of harm to anyone in the jail. 70. During her six days in solitary confinement, Ms. DePasse spent 24 hours per day in her cell. She was offered recreation only once during those six days, and that was at 2:00 a.m. 71. Defendants did not permit Ms. DePasse access to the commissary while in solitary confinement, resulting in her being hungry and under-nourished. 72. Ms. DePasse experienced hunger, deprivation of exercise, severe stress and emotional suffering because of her placement in solitary confinement. 73. Defendants failed to give Ms. DePasse a hearing before, during or after her six days in solitary confinement. 74. On or about Thursday, December 1, 2016, Defendants once again placed Ms. DePasse in solitary confinement. Defendants did not officially inform her why she was placed in solitary confinement.
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75. On Friday, December 9, Ms. DePasse’s lawyer sent a letter to Defendants Harper, Wainwright, and Long demanding the Ms. DePasse be removed from solitary confinement. They removed her from solitary confinement that same day.
76. Ms. DePasse remains incarcerated at ACJ and is subject to the customs, policies, and practices pertaining to solitary confinement of pregnant women and the inadequate pregnancy diet. Jill Hendricks
77. Jill Hendricks was incarcerated at ACJ on September 28, 2016, for an alleged probation violation. She is currently eight-months pregnant. She is due on January 7, 2017.
78. Ms. Hendricks’ pregnancy is considered high risk due to her age, her history of pre-term labor, and a previous episode of placenta previa.
79. Ms. Hendricks suffers from severe, chronic depression, post-traumatic stress disorder, and high anxiety disorder.
80. Upon reception at ACJ she was sent to West Penn Hospital because of her physical condition.
81. Upon returning to ACJ from the hospital, Defendants placed her in solitary confinement for 48 hours. The cell had no mattress. ACJ did not give her any hygiene products, such as soap or toilet paper. ACJ gave her nutrition that was inadequate for a pregnant woman.
82. Ms. Hendricks experienced hunger, deprivation of exercise, severe stress and emotional suffering because of her 48 hours of solitary confinement.
83. In November, Defendants once again placed Ms. Hendricks in solitary confinement for nine days based on a false allegation of a non-violent rule violation.
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84. During her nine days in solitary confinement, ACJ permitted Ms. Hendricks to leave her cell for only one-hour – on Thanksgiving Day – so she could take a shower and call her family.
85. Despite posing no risk of physical harm, Defendants forced Ms. Hendricks to spend nine days in solitary confinement.
86. Defendants failed to afford Ms. Hendricks a hearing before, during or after her nine-day stint in solitary confinement.
87. Defendants released Ms. Hendricks from solitary confinement on November 29, one day after her counsel sent a letter to Defendants Harper, Wainwright, and Long demanding her release from solitary confinement. Mersiha Tuzlic
88. Mersiha Tuzlic was incarcerated at the Allegheny County Jail on May 11, 2016, for an alleged probation violation and pending new criminal charges.
89. At the time of her arrest, Ms. Tuzlic was approximately two-months pregnant, suffered from physical and mental disorders, and informed the intake nurse that she was pregnant, which was verified by a pregnancy test administered by ACJ officials. Her due date is December 19, 2016.
90. Shortly after her admission to ACJ, Defendants placed Ms. Tuzlic in solitary confinement for seven days based on a false allegation of a non-violent rule violation.
91. Defendants placed Ms. Tuzlic in solitary confinement despite the fact the she posed no risk of physical harm.
92. During her seven-day confinement, Ms. Tuzlic spent nearly 24 hours per day in her cell.
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93. During her solitary confinement, Defendants did not allow Ms. Tuzlic access to commissary, causing her to be constantly hungry and under-nourished.
94. The conditions of her solitary confinement caused Ms. Tuzlic to suffer severe stress, anxiety, and feelings of depression.
95. Ms. Tuzlic did not receive a hearing until she had been in solitary confinement for seven days.
96. At her hearing, ACJ officials determined that she had not violated any rule and thereby released her from solitary confinement.
97. During the following six months, Defendants held Ms. Tuzlic in solitary confinement on three other occasions for periods of 22 days, 11 days, and for her final 2 days at ACJ.
98. Defendants placed Ms. Tuzlic in solitary confinement on these occasions without a hearing and even though she did not pose a risk of physical harm. Kiari Day
99. Kiari Day was incarcerated at ACJ following a criminal conviction on federal charges in early December 2016. She is awaiting transfer to a federal institution.
100. Ms. Day is five-months pregnant. 101. Ms. Day has suffered from constant hunger since her arrival at ACJ. 102. During her first week at ACJ, she lost three pounds. 103. Ms. Day has repeatedly complained about inadequate food, including not receiving the pregnancy diet, not receiving the proper portions, and being served inedible food. 104. Ms. Day is not receiving medications for her psychiatric diagnoses despite ACJ being aware of her conditions.
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105. Ms. Day is especially vulnerable to the health risks posed by solitary confinement of pregnant women because of her history of pulmonary embolism, which renders her susceptible to blood clots. Increased stress and the deprivation of exercise or the ability to move in solitary confinement could lead to serious health complications.
106. As ACJ frequently subjects pregnant women to solitary confinement without due cause or due process, Ms. Day is at risk of suffering the same conditions experienced by the other plaintiffs.
Role of Defendants in Constitutional Violations 107. As the ACJ Warden, Defendant Harper is responsible for all policies and practices at the jail, including those pertaining to the use of solitary confinement and the imposition of other restrictions and constraints on pregnant inmates. 108. Defendant Harper is fully aware that ACJ’s solitary confinement of pregnant women causes serious risks and harm to their health, which were described in the letters sent to him by counsel for Seitz, Hendricks, and DePasse. 109. Defendant Harper has authorized and participated in depriving pregnant women of due process. Despite demands from Plaintiffs and their lawyer, Defendant Harper has refused to alter the arbitrary policies and practices that permit ACJ staff to place pregnant women in solitary confinement. 110. Defendant Wainwright is the Deputy Warden of ACJ and as such is responsible for overseeing security operations in the jail, including the use of solitary confinement. Defendant Wainwright knows that ACJ’s solitary confinement policies and practices do not contain proper safeguards for the health of pregnant women, including those with serious
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psychiatric diagnoses. Defendant Wainwright oversees and enforces the policies and practices which deprive pregnant women of due process at ACJ.
111. Defendant Long is the Deputy Warden of ACJ and as such is responsible for overseeing security operations in the jail, including the use of solitary confinement. She knows that ACJ’s solitary confinement policies and practices do not contain proper safeguards for the health of pregnant women, including those with serious psychiatric diagnoses. Defendant Long oversees and enforces the policies and practices of not providing hearings prior to the imposition of punishment or punishment-like conditions in violation of the due process clause of the Fourteenth Amendment.
112. Defendant Andrascik is responsible for holding hearings for pregnant women who are issued rule violations or placed in solitary confinement on investigative status. Defendant Andrascik routinely permits individuals to spend days or weeks in solitary confinement without any hearing, including people accused of trivial infractions, non-violent infractions, and those who have been placed on investigative status without any evidence of wrongdoing.
CLASS ACTION ALLEGATIONS 113. Plaintiffs bring this action pursuant to Fed. R. Civ. P. 23(a) and 23(b)(2) on their own behalf and on behalf of a class of others similarly situated. 114. Plaintiffs seek to represent the following class only on claims for declaratory and injunctive relief: All pregnant and post-partum women who are currently or in the future will be incarcerated at the Allegheny County Jail. 115. The requirements of Rule 23(a) and 23(b)(2) are all satisfied by this class action. 116. The information as to the size of the class and the identity of the individuals who are in the class is in the exclusive control of Defendants.
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117. The number of persons who are members of the class described above are so numerous that joinder of all members in one action is impractical. Although the precise size of the class at any one time is not known, the Pittsburgh Post-Gazette recently reported that there were as many as 34 pregnant women in the ACJ in October 2016 and 38 in July 2016. The lower end of the monthly range was 13 pregnant women held in ACJ during February and March 2016.1 The identity of future class members is not, and cannot be, known, thereby making appropriate treatment of the case as a class action.
118. Questions of law or fact that are common to the entire class predominate over individual questions because the actions of Defendants complained of herein are generally applicable to the entire class. These legal and factual questions include but are not limited to:
a. the nature, scope, and operation of Defendants’ solitary-confinement practices and policies as applied to pregnant women incarcerated at ACJ;
b. the nature and type of injury caused by Defendants’ solitary confinement practices and policies on pregnant women;
c. the nature and type of relief appropriate for the class of pregnant women; d. whether Defendants have acted with deliberate indifference and objective
unreasonableness by placing pregnant women into solitary confinement, and whether those practices violate the eighth and fourteenth amendments to the U.S. Constitution; and e. whether Defendants’ failure to provide pre- or timely due process protections violates the Fourteenth Amendment.
1 “Allegheny County Jail report notes issues with nursing shortage,” Kate Giammarise, Pittsburgh Post-Gazette, December 2, 2016, accessible at: http://www.post-gazette.com/local/city/2016/12/02/Allegheny-County-Jail-visit-report-notesissues-with-nursing-shortage/stories/201611040231.
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119. Plaintiffs’ claims are typical of the members of the class because Plaintiffs and all class members were injured by the same wrongful policies and practices of Defendants as described in this Complaint. Plaintiffs’ claims arise from the same practices and courses of conduct that give rise to the claims of the class members, and are based on the same legal theories.
120. The representative Plaintiffs will fairly and adequately assert and protect the interests of the class. There are no conflicts between the representative Plaintiffs and the class as a whole.
121. The representative Plaintiffs have retained counsel with substantial experience in the conduct of class actions, including actions raising constitutional violations under 42 U.S.C. § 1983.
122. Defendants have acted and refused to act on grounds generally applicable to the Class, thereby making final injunctive relief or corresponding declaratory relief appropriate with respect to the class as a whole and making certification of the class under Rule 23(b)(2) proper.
Causes of Action COUNT I – Solitary Confinement of Pregnant Women in Violation of the Eighth and Fourteenth Amendments to the U.S. Constitution
(All Plaintiffs Against All Defendants) 123. Plaintiffs hereby incorporate by reference the allegations contained in the above paragraphs 1 to 122 of this Complaint as if fully set forth herein. 124. Defendants have acted with deliberate indifference to conditions of solitary confinement that cause an excessive risk of harm to the health of pregnant women – including each named plaintiff and other members of the class of pregnant women who are or shall be
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Case 2:16-cv-01879-CRE Document 1 Filed 12/19/16 Page 23 of 26
incarcerated at the Allegheny County Jail – and their fetuses in violation of the Eighth and Fourteenth Amendments to the U.S. Constitution.
125. Defendants have imposed conditions of solitary confinement upon pregnant women plaintiffs and class members that are objectively unreasonable.
126. Plaintiffs have suffered injury and damages as a result of Defendants’ unconstitutional conduct, including but not limited to severe emotional distress, harm to their health and the health of their pregnancies, and probable future health issues and medical expenses.
127. Individual defendants’ conduct as described above is outrageous.
COUNT II – Deprivation of Adequate Nutrition for Pregnant Women in Violation of the Eighth and Fourteenth Amendments to the U.S. Constitution
(All Plaintiffs Against All Defendants) 128. Plaintiffs hereby incorporate by reference the allegations contained in the above paragraphs 1 to 127 of this Complaint as if fully set forth herein. 129. Defendants have acted with deliberate indifference to the serious medical and nutritional needs of pregnant women to receive adequate food, supplements, vitamins and medicine, thereby causing excessive risks to the health of pregnant women – including each named plaintiff and other members of the class of pregnant women who are or will be incarcerated at the ACJ – and their fetuses in violation of the Eighth and Fourteenth Amendments to the U.S. Constitution. 130. Defendants have acted with objective unreasonableness in depriving pregnant women incarcerated at the Allegheny County Jail of adequate nutrition, including the provision of a pregnancy diet that lacks adequate calories and the failure to provide prenatal vitamins and dietary supplements as prescribed.
23

Case 2:16-cv-01879-CRE Document 1 Filed 12/19/16 Page 24 of 26
131. Plaintiffs have suffered injury and damages as a result of Defendants’ unconstitutional misconduct, including but not limited to severe emotional distress, harm to their physical, mental and emotional health, harm to their pregnancies, and probable future health issues and medical expenses.
132. Individual defendants’ conduct as described above is outrageous. COUNT III – Failure to Provide Procedural Due Process Protections in Violation of the Fourteenth Amendment to the U.S. Constitution (All Plaintiffs Against All Defendants)
133. Plaintiffs hereby incorporate by reference the allegations contained in the above paragraphs 1 to 132 of this Complaint as if fully set forth herein.
134. Defendants have failed to provide timely due process protections of a hearing and a meaningful opportunity to be heard when imposing solitary confinement and other unduly restrictive and penal conditions on pregnant women incarcerated at ACJ, including pre-trial detainees, all in violation of the Plaintiffs’ and class members’ Fourteenth Amendment procedural due process rights.
Prayer for Relief WHEREFORE, Plaintiffs request that the Court grant the following relief: A. a declaratory judgment that the practices, procedures and actions of the Defendants have violated and continue to violate Plaintiffs’ rights under the Eighth and Fourteenth Amendments to the United States Constitution; B. an injunction that orders Defendants to immediately cease and desist placing pregnant women in conditions of solitary confinement; C. an injunction that orders Defendants i) to adopt disciplinary policies that adhere to constitutional obligations to provide for the health and safety of pregnant women in their
24

Case 2:16-cv-01879-CRE Document 1 Filed 12/19/16 Page 25 of 26

custody; ii) to provide a diet, including prenatal vitamins and calcium supplements, that meets the medical requirements for pregnant women; and iii) to provide hearings and a meaningful opportunity to be heard prior to the imposition of punishment or punishment-like conditions of solitary confinement for pregnant inmates, whether pre-trial detainees or accused or convicted individuals;
D. award compensatory and punitive damages to individual plaintiffs; E. grant attorneys’ fees and costs; and F. grant such other relief as the Court deems just and proper.

Dated: December 19, 2016

Respectfully submitted,
/s/ Bret Grote Bret D. Grote, Esq. PA ID No. 317273 Abolitionist Law Center P.O. Box 8654 Pittsburgh, PA 15221 Tel: (412) 654-9070 bretgrote@abolitionistlawcenter.org
/s/ Alexandra Morgan-Kurtz Alexandra Morgan-Kurtz, Esq. PA ID No. 312631 Pennsylvania Institutional Law Project 100 Fifth Ave, Ste 900 Pittsburgh, Pa 15222 Tel: (412) 434-6175 amorgan-kurtz@pailp.org
/s/ David B. Fawcett David B. Fawcett, Esq. PA ID No. 44494 /s/ Aleksandra V. Willams Aleksandra V. Williams, Esq. Pa. ID #309779 Reed Smith LLP Reed Smith Centre
25

Case 2:16-cv-01879-CRE Document 1 Filed 12/19/16 Page 26 of 26
225 Fifth Avenue, Suite 1200 Pittsburgh, PA 15222 Tel: (412) 288-3131 dfawcett@reedsmith.com avwilliams@reedsmith.com /s/ Sara J. Rose Sara J. Rose, Esq. PA ID No.: 204936 /s/ Witold J. Walczak Witold J. Walczak, Esq. PA ID No.: 62976 American Civil Liberties Union of Pennsylvania 247 Fort Pitt Blvd. Pittsburgh, PA 15222 Tel: (412) 681-7864 (tel.) Fax: (412) 681-8707 srose@aclupa.org vwalczak@aclupa.org Counsel for Plaintiffs
26

SEITZ et al v. ALLEGHENY COUNTY et al, Docket No. 2:16-cv-01879 (W.D. Pa. Dec 19, 2016), Court Docket
General Information

Court
Federal Nature of Suit Docket Number

United States District Court for the Western District of Pennsylvania; United States District Court for the Western District of Pennsylvania
Prisoner Petitions - Prison Condition[555]
2:16-cv-01879

© 2017 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service // PAGE 27

 
 Case: 2:16-cv-1879 As of: 05/22/2018 10:12 AM EDT 1 of 8
CLOSED,CONMAG,KLD
U.S. District Court Western District of Pennsylvania (Pittsburgh) CIVIL DOCKET FOR CASE #: 2:16−cv−01879−CRE

SEITZ et al v. ALLEGHENY COUNTY et al Assigned to: Magistrate Judge Cynthia Reed Eddy Cause: 42:1983pr Prisoner Civil Rights
Plaintiff

Date Filed: 12/19/2016 Date Terminated: 11/15/2017 Jury Demand: None Nature of Suit: 555 Prisoner Civil Rights (Prison Condition) Jurisdiction: Federal Question

ELIZABETH SEITZ

represented by Aleksandra V. Williams Reed Smith, LLP 225 Fifth Avenue Pittsburgh, PA 15222 412−288−3885 Email: avwilliams@reedsmith.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexandra T. Morgan−Kurtz Pennsylvania Institutional Law Project 100 Fifth Ave Ste 900 Pittsburgh, Pa 15222 (412) 434−6175 Email: amorgan−kurtz@pailp.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bret Grote Abolitionist Law Center PO Box 8654 Pittsburgh, PA 15221 412−654−9070 Email: bretgrote@abolitionistlawcenter.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

David B. Fawcett , III Reed Smith LLP 225 Fifth Avenue, Suite 1200 Pittsburgh, PA 15222 412−288−4188 Fax: 412−288−3063 Email: dfawcett@reedsmith.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara Rose ACLU 247 Fort Pitt Boulevard Pittsburgh, PA 15222 (412) 681−7864 Fax: (412) 681−8707 Email: srose@aclupa.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Witold J. Walczak ACLF of PA

Case: 2:16-cv-1879 As of: 05/22/2018 10:12 AM EDT 2 of 8

313 Atwood Street Pittsburgh, PA 15213 (412) 681−7864 Email: vwalczak@aclupa.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff MERSIHA TUZLIC

represented by Aleksandra V. Williams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexandra T. Morgan−Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bret Grote (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David B. Fawcett , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara Rose (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Witold J. Walczak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff RIVA DEPASSE

represented by Aleksandra V. Williams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexandra T. Morgan−Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bret Grote (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David B. Fawcett , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara Rose (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:16-cv-1879 As of: 05/22/2018 10:12 AM EDT 3 of 8

Witold J. Walczak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff JILL HENDRICKS

represented by Aleksandra V. Williams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexandra T. Morgan−Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bret Grote (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David B. Fawcett , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara Rose (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Witold J. Walczak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff KIARI DAY

represented by Aleksandra V. Williams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexandra T. Morgan−Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bret Grote (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David B. Fawcett , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sara Rose (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Witold J. Walczak (See above for address)

Case: 2:16-cv-1879 As of: 05/22/2018 10:12 AM EDT 4 of 8
LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant ALLEGHENY COUNTY
Defendant ORLANDO HARPER Warden of Allegheny County Jail
Defendant SIMON WAINWRIGHT Deputy Warden
Defendant MONICA LONG
Defendant SGT. JESSE ANDRASCIK

represented by John A. Bacharach Allegheny County Law Department 445 Fort Pitt Blvd. #300 Pittsburgh, PA 15219 412−350−1150 Fax: 412−350−1102 Email: john.bacharach@alleghenycounty.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John A. Bacharach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John A. Bacharach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John A. Bacharach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John A. Bacharach (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 12/19/2016
12/19/2016 12/28/2016 12/28/2016

# Docket Text
1 CLASS ACTION COMPLAINT against ALLEGHENY COUNTY, JESSE ANDRASCIK, ORLANDO HARPER, MONICA LONG, SIMON WAINWRIGHT (Filing fee, including Administrative fee, $400, receipt number 0315−4184763), filed by MERSIHA TUZLIC, JILL HENDRICKS, KIARI DAY, ELIZABETH SEITZ, RIVA DEPASSE. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Summons Allegheny County, # 4 Summons Orlando Harper, # 5 Summons Simon Wainwright, # 6 Summons Monica Long, # 7 Summons Jesse Andrasckik) (jsp) (Entered: 12/19/2016)
Summons Issued as to *ALLEGHENY COUNTY, JESSE ANDRASCIK, ORLANDO HARPER, MONICA LONG, SIMON WAINWRIGHT* (jsp) (Entered: 12/19/2016)
2 WAIVER OF SERVICE Returned Executed by JILL HENDRICKS, MERSIHA TUZLIC, KIARI DAY, ELIZABETH SEITZ, RIVA DEPASSE. ALLEGHENY COUNTY waiver sent on 12/19/2016, answer due 2/17/2017. (Fawcett, David) (Entered: 12/28/2016)
3 WAIVER OF SERVICE Returned Executed by JILL HENDRICKS, MERSIHA TUZLIC, KIARI DAY, ELIZABETH SEITZ, RIVA DEPASSE. ORLANDO

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12/28/2016 12/28/2016 12/28/2016 01/11/2017 02/14/2017 02/14/2017 02/15/2017
02/15/2017
02/15/2017 02/16/2017 02/22/2017 02/22/2017

HARPER waiver sent on 12/19/2016, answer due 2/17/2017. (Fawcett, David) (Entered: 12/28/2016)
4 WAIVER OF SERVICE Returned Executed by JILL HENDRICKS, MERSIHA TUZLIC, KIARI DAY, ELIZABETH SEITZ, RIVA DEPASSE. SIMON WAINWRIGHT waiver sent on 12/19/2016, answer due 2/17/2017. (Fawcett, David) (Entered: 12/28/2016)
5 WAIVER OF SERVICE Returned Executed by JILL HENDRICKS, MERSIHA TUZLIC, KIARI DAY, ELIZABETH SEITZ, RIVA DEPASSE. MONICA LONG waiver sent on 12/19/2016, answer due 2/17/2017. (Fawcett, David) (Entered: 12/28/2016)
6 WAIVER OF SERVICE Returned Executed by JILL HENDRICKS, MERSIHA TUZLIC, KIARI DAY, ELIZABETH SEITZ, RIVA DEPASSE. JESSE ANDRASCIK waiver sent on 12/19/2016, answer due 2/17/2017. (Fawcett, David) (Entered: 12/28/2016)
7 NOTICE of Appearance by John A. Bacharach on behalf of ALLEGHENY COUNTY, JESSE ANDRASCIK, ORLANDO HARPER, MONICA LONG, SIMON WAINWRIGHT. (Bacharach, John) (Entered: 01/11/2017)
8 MOTION to Certify Class by KIARI DAY, RIVA DEPASSE, JILL HENDRICKS, ELIZABETH SEITZ, MERSIHA TUZLIC. (Attachments: # 1 Proposed Order) (Morgan−Kurtz, Alexandra) (Entered: 02/14/2017)
9 BRIEF in Support re 8 Motion to Certify Class filed by KIARI DAY, RIVA DEPASSE, JILL HENDRICKS, ELIZABETH SEITZ, MERSIHA TUZLIC. (Morgan−Kurtz, Alexandra) (Entered: 02/14/2017)
10 ORDER: A Telephone Status Conference is hereby scheduled for 2/23/2017 at 03:00 PM before Magistrate Judge Cynthia Reed Eddy re 8 Motion to Certify Class filed by KIARI DAY, ELIZABETH SEITZ, JILL HENDRICKS, RIVA DEPASSE, MERSIHA TUZLIC. No briefing schedule will issue until after the Telephone Status Conference. Signed by Magistrate Judge Cynthia Reed Eddy on 2/15/2017. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (sms) (Entered: 02/15/2017)
11 TEXT ORDER: In accordance with the case management system in place in this district, this case has been assigned to the undersigned for all pretrial matters. Therefore, it is ORDERED that on or before 2/22/2017, the parties shall complete an election form either consenting to jurisdiction by the Magistrate Judge or electing to have a District Judge assigned to the case, and shall file the form with the Clerk's Office. A copy of the form can be found on this Court's website at: http://www.pawd.uscourts.gov/sites/pawd/files/Consent−to−Mag.pdf. Signed by Magistrate Judge Cynthia Reed Eddy on 2/15/2017. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (sms) (Entered: 02/15/2017)
12 MOTION for Extension of Time to File Answer re 1 Complaint, filed by KIARI DAY, ELIZABETH SEITZ, JILL HENDRICKS, RIVA DEPASSE, MERSIHA TUZLIC by ALLEGHENY COUNTY, JESSE ANDRASCIK, ORLANDO HARPER, MONICA LONG, SIMON WAINWRIGHT. (Attachments: # 1 Proposed Order) (Bacharach, John) (Entered: 02/15/2017)
13 ORDER granting 12 Motion for Extension of Time to Answer. ALLEGHENY COUNTY answer due 3/20/2017; JESSE ANDRASCIK answer due 3/20/2017; ORLANDO HARPER answer due 3/20/2017; MONICA LONG answer due 3/20/2017; SIMON WAINWRIGHT answer due 3/20/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 2/16/2017. (sms) (Entered: 02/16/2017)
14 CONSENT to Trial/Jurisdiction by US Magistrate Judge by ALLEGHENY COUNTY, JESSE ANDRASCIK, ORLANDO HARPER, MONICA LONG, SIMON WAINWRIGHT. (Bacharach, John) (Entered: 02/22/2017)
15 CONSENT to Trial/Jurisdiction by US Magistrate Judge by KIARI DAY, RIVA DEPASSE, JILL HENDRICKS, ELIZABETH SEITZ, MERSIHA TUZLIC. (Rose, Sara) (Entered: 02/22/2017)

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02/22/2017
02/23/2017 03/14/2017 03/14/2017 03/15/2017
03/30/2017 04/10/2017 05/09/2017 05/12/2017 05/12/2017 05/12/2017
05/15/2017 06/09/2017

16 ORDER: The Telephone Status Conference set for 2/23/2017 at 3:00 PM is hereby RESCHEDULED as an in−person Status Conference on 2/23/2017 at 02:30 PM in Room 10160 before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 2/22/2017. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (sms) (Entered: 02/22/2017)
17 Minute Entry for Status Conference held before Magistrate Judge Cynthia Reed Eddy on 2/23/2017. A Status Conference is set for 4/7/2017 at 09:30 AM in Room 10160 before Magistrate Judge Cynthia Reed Eddy. (Court Reporter: none) (sms) (Entered: 02/23/2017)
18 Second MOTION for Extension of Time to File Response/Reply by ALLEGHENY COUNTY, JESSE ANDRASCIK, ORLANDO HARPER, MONICA LONG, SIMON WAINWRIGHT. (Bacharach, John) (Entered: 03/14/2017)
19 Proposed Order re 18 Motion for Extension of Time to File Response/Reply by ALLEGHENY COUNTY, JESSE ANDRASCIK, ORLANDO HARPER, MONICA LONG, SIMON WAINWRIGHT. (Bacharach, John) (Entered: 03/14/2017)
20 ORDER granting 18 Motion for Extension of Time to File Response/Reply to the Complaint. The new deadline for the Response/Reply will be addressed at the conference scheduled for 4/7/17. Signed by Magistrate Judge Cynthia Reed Eddy on 3/15/17. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.) (Entered: 03/15/2017)
21 ORDER: The Status Conference set for 4/7/2017 is hereby RESCHEDULED for 4/10/2017 at 02:00 PM in Room 10160 before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 3/30/2017. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (sms) (Entered: 03/30/2017)
22 Minute Entry for Status Conference held before Magistrate Judge Cynthia Reed Eddy on 4/10/2017. Status Conference set for 5/12/2017 at 10:00 AM in Room 10160 before Magistrate Judge Cynthia Reed Eddy. (Court Reporter: none) (sms) (Entered: 04/10/2017)
23 REPORT of Rule 26(f) Planning Meeting. (Morgan−Kurtz, Alexandra) (Entered: 05/09/2017)
24 Minute Entry for Status Conference held before Magistrate Judge Cynthia Reed Eddy on 5/12/2017. (Court Reporter: none) (sms) (Entered: 05/12/2017)
25 ORDER holding in abeyance 8 Motion to Certify Class until further notice. Signed by Magistrate Judge Cynthia Reed Eddy on 5/12/2017. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (sms) (Entered: 05/12/2017)
26 CASE MANAGEMENT ORDER: The parties shall move to amend the pleadings or add new parties by 6/7/2017. Class and Fact Discovery due by 9/5/2017. Plaintiffs' Expert Reports due by 10/5/2017. Defendants' Expert Reports due by 11/6/2017. Expert Depositions to be completed by 12/6/2017. The parties are scheduled to attend a mediation session with Judge Lenihan on 7/13/2017. Mid−Discovery Status Conference set for 7/26/2017 at 10:00 AM in Room 10160 before Magistrate Judge Cynthia Reed Eddy. Plaintiffs' Motion for Class Certification due by 9/6/2017. Defendants' Brief in Opposition due by 10/6/2017. Plaintiffs' Reply brief, if any, due by 10/20/2017. Hearing on Class Certification set for 11/1/2017 at 10:00 AM in Courtroom 10A before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 5/12/2017. (sms) (Entered: 05/12/2017)
27 ORDER REFERRING CASE to Magistrate Judge Lisa Pupo Lenihan for the purpose of conducting Mediation. Signed by Magistrate Judge Cynthia Reed Eddy on 5/15/2017. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (sms) (Entered: 05/15/2017)
28 ORDER that a mediation in the above captioned case is scheduled before Magistrate Judge Lisa Pupo Lenihan on July 7, 2017, starting 10:00 AM and ending at 1:00 PM.

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07/05/2017 07/10/2017 07/26/2017 07/26/2017
07/27/2017 08/04/2017 08/23/2017 08/24/2017

The mediation will be held in Courtroom 7B of the U.S. Post Office and Courthouse, 700 Grant Street, Pittsburgh, PA. No later than June 19, 2017, each party shall submit a confidential mediation statement to the magistrate judge. The mediation statement shall not become part of the file of the case, but shall be for the exclusive use of the magistrate judge in preparing for and conducting the mediation. The mediation statement shall be no longer than five pages. A premediation telephone conference is scheduled for July 5, 2017 at 11:00 AM. Counsel shall call into the conference by dialing 888−363−4749 and enter an access code of 6019141. If asked for a security code, use * to bypass. Signed by Magistrate Judge Lisa Pupo Lenihan on 06/09/2017. (jmb) (Entered: 06/09/2017)
29 Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: Pre−Mediation Telephone Conference was held on 7/5/2017. Mediation is set for 7/7/17 at 10:00 a.m. No plaintiffs will be in attendance. The county solicitor and Warden Harper will be in attendance. (Court Reporter: none) (clh) (Entered: 07/05/2017)
30 Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Mediation was held on 7/7/2017. A tentative settlement was reached, pending resolution of the remaining issues relative to the Allegheny County Jails Policy on pregnant inmates. The Defendants will provide proposed Policy language to Plaintiffs no later than July 20, 2017. A final settlement conference is scheduled with Judge Lenihan on July 26, 2017 at 3:00 PM. (Court Reporter: Shirtley Hall) (jmb) (Entered: 07/10/2017)
31 ORDER: The Mid−Discovery Status Conference set for 7/26/2017 at 10:00 AM before Magistrate Judge Cynthia Reed Eddy is cancelled. Signed by Magistrate Judge Cynthia Reed Eddy on 7/26/2017. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (sms) (Entered: 07/26/2017)
32 Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Status Conference was held on 7/26/2017. The remaining issues within revised policy on "Management of Pregnant Females" were discussed and agreed to. All documents referenced as attached to the policy will be provided to Plaintiffs by August 1, 2017.All revisions are acceptable with the exception of a requirement that either a physician or certified nurse mid−wife clear a pregnant inmate prior to placement in restricted housing. Monitoring language continues to be discussed. Plaintiffs to provide law to allow for the provision of names of pregnant inmates. A telephone conference is set for Thursday, August 3rd at 4:00 PM. Dial in information to be provided. (Court Reporter: none) (jmb) (Entered: 07/27/2017)
33 ORDER that, for the Telephone Conference scheduled for August 3, 2017 at 4:00 PM, counsel shall dial 888−363−4749 and enter the access code of 6019141 to participate. If asked for a security code, use * to bypass. Signed by Magistrate Judge Lisa Pupo Lenihan on 07/27/2017. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 07/27/2017)
34 Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Telephone Conference was held on 8/3/2017. Agreement has been reached on all issues with the exception of the post settlement monitoring terms. Another mediation is set for 8/23/2017 at 10:00 AM in Courtroom 7B before Magistrate Judge Lisa Pupo Lenihan. The parties are encouraged to continue their discussions until that time. (Court Reporter: None) (clh) (Entered: 08/04/2017)
35 Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Mediation was held on 8/23/2017. All outstanding issues were resolved. It will take some time to circulate the revised Settlement Agreement and obtain all the signatures. The parties will make best efforts to have the Settlement Agreement finalized by September 29, 2017. (Court Reporter: none) (jmb) (Entered: 08/23/2017)
36 ORDER: A Telephone Status Conference is set for 8/29/2017 at 09:30 AM before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 8/24/2017. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (sms) (Entered: 08/24/2017)

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08/25/2017 08/28/2017
08/29/2017 08/29/2017
10/03/2017 10/06/2017 11/08/2017 11/08/2017 11/09/2017 11/09/2017 11/15/2017 11/15/2017

37 MOTION to Continue by ALLEGHENY COUNTY, JESSE ANDRASCIK, ORLANDO HARPER, MONICA LONG, SIMON WAINWRIGHT. (Attachments: # 1 Proposed Order) (Bacharach, John) (Entered: 08/25/2017)
38 ORDER granting 37 Motion to Continue. The Telephone Status Conference set for 8/29/2017 at 09:30 AM is continued to 8/29/2017 at 02:00 PM before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 8/28/2017. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (sms) (Entered: 08/28/2017)
39 Minute Entry for Telephone Status Conference held before Magistrate Judge Cynthia Reed Eddy on 8/29/2017. Joint Status Report due by 10/3/2017. (Court Reporter: none) (sms) (Entered: 08/29/2017)
40 Order to Vacate 26 Case Management Order. The parties having notified the Court that they are close to reaching final settlement in this matter, IT IS ORDERED that the 26 Case Management Order entered on May 12, 2017 and all of the deadlines and hearings set therein are hereby vacated. Signed by Magistrate Judge Cynthia Reed Eddy on 8/29/2017. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (sms) (Entered: 08/29/2017)
41 STATUS REPORT by KIARI DAY, RIVA DEPASSE, JILL HENDRICKS, ELIZABETH SEITZ, MERSIHA TUZLIC. (Grote, Bret) (Entered: 10/03/2017)
Magistrate Judge Lisa Pupo Lenihan no longer referred for settlement. (sms) (Entered: 10/06/2017)
42 CONSENT DECREE by ALLEGHENY COUNTY, JESSE ANDRASCIK, ORLANDO HARPER, MONICA LONG, SIMON WAINWRIGHT. (Bacharach, John) Error: Wrong event selected. Document removed from public view and re−filed using correct event. Modified on 11/9/2017. (jsp) (Entered: 11/08/2017)
44 STIPULATED PROTECTIVE ORDER by ALLEGHENY COUNTY, JESSE ANDRASCIK, ORLANDO HARPER, MONICA LONG, SIMON WAINWRIGHT. (jsp) (Document previously filed electronically) (jsp). (Entered: 11/09/2017)
43 STIPULATED ORDER of Dismisal by KIARI DAY, RIVA DEPASSE, JILL HENDRICKS, ELIZABETH SEITZ, MERSIHA TUZLIC. (Attachments: # 1 Exhibit) (Grote, Bret) Modified on 11/14/2017. (jsp) (Entered: 11/09/2017)
CLERK'S OFFICE QUALITY CONTROL MESSAGE re 42 Consent Decree. ERROR: Wrong event selected. CORRECTION: Re−docketed as Stipulated Protective Order. This message is for informational purposes only. (jsp) (Entered: 11/09/2017)
45 ORDER approving 44 Stipulated Protective Order filed by ALLEGHENY COUNTY, ORLANDO HARPER, SIMON WAINWRIGHT, JESSE ANDRASCIK, MONICA LONG. Signed by Magistrate Judge Cynthia Reed Eddy on 11/15/2017. (sms) (Entered: 11/15/2017)
46 ORDER DISMISSING CASE upon 43 STIPULATED ORDER of Dismissal by KIARI DAY, RIVA DEPASSE, JILL HENDRICKS, ELIZABETH SEITZ, MERSIHA TUZLIC. The claims are DISMISSED with prejudice and without costs as more fully stated in the attached Order. Signed by Magistrate Judge Cynthia Reed Eddy on 11/15/2017. (sms) (Entered: 11/15/2017)

 
 Case 2:16-cv-01879-CRE Document 46 Filed 11/15/17 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

: E IZABETH SEITZ; MERSIHA '. TUZLIC; RIVA DEPASSE; JILL
ENDRICKS; KIARI DAY,

.. ..
Case No. 2:16-cv-1879-CRE

Plaintiffs,
v.
'LLEGHENY COUNTY; ORLANDO . ARPER, Warden of Allegheny County ; J ii; SIMON WAINWRIGHT, Deputy
arden; MONICA LONG, Deputy .arden; Sgt. Jesse Andrascik,

i ::
.''
: l : i

ELECTRONICALLY FILED

Defendants.

STIPULATED ORDER OF DISMISSAL
Consistent with the terms of the settlement agreement entered into by Plaintiffs Elizabeth Se'tz, Mersiha Tuzlic, Riva DePasse, Jill Hendricks, and Kiari Day and Defendants Allegheny C unty, Orlando Harper, Simon Wainwright, Monica Long, and Jesse Andrascik ("Parties"), the Pa ies stipulate and agree, pursuant to Rule 41 (1 )(1 )(A)(ii) of the Federal Rules of Civil ·Pr cedure, to dismissal of Defendant Allegheny County with prejudice, on the condition that the C urt retain jurisdiction to enforce the terms of their settlement agreement under the authority of. K kkonen v. Guardian Life Insurance Co. ofAmerica, 511 U.S. 375, 381-82 (1994). The terms of the settlement agreement entered into on November 2, 2017, which is provided to the Court as E hibit A, are incorporated by reference. Accordingly, IT IS HEREBY ORDERED:
1. By consent of the parties, the Court shall retain jurisdiction for the purpose of

Case 2:16-cv-01879-CRE Document 46 Filed 11/15/17 Page 2 of 2
enforcing the terms of the Settlement Agreement through November 2, 2020. 2. Except as provided for in paragraph 1 above, the claims are DISMISSED with
prejudice and without costs.

Sti ulated and agreed to by: Fo the Plaintiffs: Isl Bret Grote
D ted: November 8, 2017

For Defendant Allegheny County: Isl John Bacharach
Qated: November 8, 2017

 
 Case 2:16-cv-01879-CRE Document 43 Filed 11/09/17 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ELIZABETH SEITZ; MERSIHA

::

TUZLIC; RIVA DEPASSE; JILL

::

HENDRICKS; KIARI DAY,

:: Case No. 2:16-cv-1879-CRE

:

Plaintiffs,

::

:

v.

:

:

:

ALLEGHENY COUNTY; ORLANDO

:

HARPER, Warden of Allegheny County :

ELECTRONICALLY FILED

Jail; SIMON WAINWRIGHT, Deputy

Warden; MONICA LONG, Deputy

Warden; Sgt. Jesse Andrascik,

Defendants.

STIPULATED ORDER OF DISMISSAL
Consistent with the terms of the settlement agreement entered into by Plaintiffs Elizabeth Seitz, Mersiha Tuzlic, Riva DePasse, Jill Hendricks, and Kiari Day and Defendants Allegheny County, Orlando Harper, Simon Wainwright, Monica Long, and Jesse Andrascik (“Parties”), the Parties stipulate and agree, pursuant to Rule 41(1)(1)(A)(ii) of the Federal Rules of Civil Procedure, to dismissal of Defendant Allegheny County with prejudice, on the condition that the Court retain jurisdiction to enforce the terms of their settlement agreement under the authority of Kokkonen v. Guardian Life Insurance Co. of America, 511 U.S. 375, 381-82 (1994). The terms of the settlement agreement entered into on November 2, 2017, which is provided to the Court as Exhibit A, are incorporated by reference. Accordingly, IT IS HEREBY ORDERED:
1. By consent of the parties, the Court shall retain jurisdiction for the purpose of

Case 2:16-cv-01879-CRE Document 43 Filed 11/09/17 Page 2 of 2

enforcing the terms of the Settlement Agreement through November 2, 2020. 2. Except as provided for in paragraph 1 above, the claims are DISMISSED with
prejudice and without costs.
______________________________ Cynthia R. Eddy United States Magistrate Judge
Dated: _______________

Stipulated and agreed to by: For the Plaintiffs: /s/ Bret Grote

For Defendant Allegheny County: /s/ John Bacharach

Dated: November 8, 2017

Dated: November 8, 2017

Case 2:16-cv-01879-CRE Document 43-1 Filed 11/09/17 Page 1 of 37

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ELIZABETH SEITZ; MERSIHA TUZLIC; RIVA DEPASSE; JILL HENDRICKS; KIARI DAY,

Case No. 2: 16-cv-1879-CRE

Plaintiffs,

v.

ALLEGHENY COUNTY; ORLANDO HARPER, Warden of Allegheny County Jail; SIMON WAINWRIGHT, Deputy Warden; MONICA LONG, Deputy Warden; SGT. JESSE ANDRASCIK,

Defendants.

SETTLEMENT AGREEMENT BETWEEN PLAINTIFFS AND ALLEGHENY COUNTY
This Settlement Agreement ("Settlement Agreement") is entered this _ _ _ day of _ _ _ _ _ _ __ _., 2017 by and between Plaintiffs Elizabeth Seitz, Mersiha Tuzlic, Riva DePasse, Jill Hendricks, and Kiari Day ("Plaintiffs") and Allegheny County, Orlando Harper, Simon Wainwright, Monica Long, and Sgt. Jessie Andrascik (All of these defendants will be referred to collectively as "Allegheny County").
IT IS ACKNOWLEDGED, UNDERSTOOD, AND AGREED THAT: 1. I, for and in consideration of the mutual promises herein and of the settlement payment by Allegheny County of $90,000 (ninety thousand Dollars), representing the full liquidation of the monetary value of any and all claims of any and all kinds whatsoever-past, present, and/or future-which claims are or may be had by me in my own right and/or by me on

Case 2:16-cv-01879-CRE Document 43-1 Filed 11/09/17 Page 2 of 37
behalf of my counsel against Allegheny County in cotmection with the above-referenced lawsuit, including any and all claims for bodily injuries, civil rights violations, constitutional harms, deaths, emotional distress, financial losses, personal injuries, psychiatric and/or psychological injuries, costs of suit, attorneys' fees, sanctions, and any other claim that was or co_uld have been presented in cotmection with the aforesaid lawsuit, do forever completely acquit, discharge, and release Allegheny County, and all its past, present, and future agents, attorneys, employees, officials, officers, representatives, successors, heirs, and assigns, of and from any and all matmer of actions, awards, causes of action, claims, compensation, contracts, costs, debts, judgments, liabilities, losses, sanctions, suits in law or equity, verdicts, and demands of any kind whatsoever, known or unknown, foreseen or unforeseen, which I now have or may in the future have, pertaining to or arising directly or indirectly out of any incarceration of Plaintiffs in the Allegheny County Jail (ACJ), including, without limitation, any and all claims that were or could have been asserted by me in the aforesaid lawsuit.
2. The Allegheny County Jail will replace its current Policy #308 with the revised Policy #308, which is attached as Appendix "A" to this Agreement.
3. For a period of three (3) years from the date of execution (the "Enforcement Period") the Allegheny County Jail will provide Plaintiffs' counsel identified in paragraph 15 of this agreement with the following information through counsel from the Allegheny County Law Department:
a. On request made by Plaintiffs counsel: 1. A current list of all pregnant women detained or incarcerated at ACJ;
b. On a quarterly basis: i. copies of documents related to the placement of any pregnant woman

Case 2:16-cv-01879-CRE Document 43-1 Filed 11/09/17 Page 3 of 37

in restrictive housing (e.g., medical clearance, documents indicating the number of days each woman remained in restrictive housing and a description of reason for the placement);
11. the total number of misconducts and informal resolutions issued to pregnant women resulting in a loss of privileges.
c. On request made by Plaintiff's counsel based upon a reasonable belief of possible violations of this Settlement Agreement and attached Policies:
1. Documents relevant to pregnant inmates which involve and reasonably relate to issues, claims and allegations asserted in the Complaint by which this action was initiated and addressed in this Settlement Agreement.

4. Except as otherwise provided herein, Allegheny County will become obligated to

make the settlement payment under this Settlement Agreement 90 (ninety) days after entry of an

order granting court approval of this Settlement Agreement.

5. Allegheny County will make settlement payment by check payable to the ACLU of

Pennsylvania.

6. The Settlement payment will constitute all money that is due and/or will ever be

due to Plaintiffs and/or their counsel from Allegheny County in connection with this lawsuit.

7.

Plaintiffs and their counsel are responsible for all tax liabilities and/or tax

consequences, if any, related to their receipt of settlement money pursuant to this Settlement

Agreement, and Allegheny County will have no responsibility for any such tax liabilities and/or

tax consequences that may be asserted against Allegheny County in connection with the payment

made to Plaintiffs pursuant to this Settlement Agreement. It is further agreed that Plaintiffs will

indemnify Allegheny County for any such tax liabilities and/or tax consequences if any are

asserted against Allegheny County by anyone in connection with the payment made to Plaintiffs

Case 2:16-cv-01879-CRE Document 43-1 Filed 11/09/17 Page 4 of 37
pursuant to this Settlement Agreement. 9. Plaintiffs agree and represent that they do not owe any taxes or other indebtedness
to Allegheny County. As part ofthe terms and conditions ofthis Settlement Agreement, Allegheny County may perform a search of its taxing records to confirm that each Plaintiff is current on her taxes and is not otherwise indebted to Allegheny County. If any Plaintiffis not current on her taxes and/or owes other indebtedness to Allegheny County, Allegheny County may deduct from .Plaintiffs' settlement payment any such taxes or indebtedness. If there are no outstanding taxes or indebtedness, Allegheny County will process the settlement payment to Plaintiffs as otherwise described herein.
10. Plaintiffs' attorneys, as counsel for Plaintiffs, acknowledge and agree by their signature below that any claims by them, their law firms, and/or any other attorneys for attorneys' fees against Allegheny County under the federal civil rights statutes, for sanctions under the Federal Rules of Civil Procedure, and/or for any other money under any legal authority(ies) in connection with the instant lawsuit are being satisfied in full through the payment made pursuant to this Settlement Agreement.
11. Allegheny County will not be responsible for any court costs. 12. By this Settlement Agreement, Plaintiffs are releasing Allegheny County from all liability, including all claims for attorneys' fees and costs. 13. This Agreement will be filed with the Court, but judgment will not be entered. 14. Plaintiffs and Allegheny County ("the Parties") agree that the Court shall retain continuing jurisdiction to enforce the terms of this Settlement Agreement during the Enforcement Period, as agreed to in the stipulated Order of Dismissal. The Parties do not anticipate a breach of this Settlement Agreement. In the event of a breach, however, the Parties agree:

Case 2:16-cv-01879-CRE Document 43-1 Filed 11/09/17 Page 5 of 37

a. The non-breaching Party will have lost the benefit of its bargain and

therefore may take action to enforce this Settlement Agreement, subject to the procedures

set forth below; and

b. The appropriate and hereby stipulated remedy upon proof of a breach is an

order of specific performance.

15. While the Parties do not anticipate a breach of this Settlement Agreement, in the

event a Party believes that the terms of this Settlement Agreement have been breached during the

Enforcement Period, the Parties agree that the following procedure will govern:

a. The Party that believes the terms of this Settlement Agreement have been

breached will notify the other Party of the specific nature of the alleged breach in writing

to the attention of counsel for the Parties identified below:

Plaintiffs' Counsel: Bret Grote, Esq. Abolitionist Law Center P.O. Box 8654 Pittsburgh, PA 15221

Sara Rose, Esq. ACLU ofPennsylvania P.O. Box 23058 Pittsburgh, PA 15222

Defendant's Counsel: Solicitor Allegheny County Law Department 300 Fort Pitt Commons Building 445 Fort Pitt Boulevard Pittsburgh, Pennsylvania 15219

b. After the notification set forth above, the Party believed to have breached

the terms of this Settlement Agreement shall have seven (7) days from the date of

notification to respond in writing to the attention of counsel for the Party identified above

as to the specific nature of the alleged breach, identifying a reasonable basis for the alleged

breach and/or its good faith efforts to remedy the alleged breach.

Case 2:16-cv-01879-CRE Document 43-1 Filed 11/09/17 Page 6 of 37

c. If after the seven (7) day period, the Party believed to have breached the

terms of this Settlement Agreement has not responded in writing to the attention of counsel

for the party identified above as to the specific nature of the alleged breach, identifying a

reasonable basis for the alleged breach and/or its good faith efforts to remedy the alleged

breach, the Party that believes the terms of the Settlement Agreement have been breached

may take action to enforce the terms of the Settlement Agreement by filing an appropriate

motion with the Court, which will retain jurisdiction over the enforcement of this

Settlement Agreement during the enforcement Period and to resolve any motion to enforce

this Settlement Agreement that is filed prior to the expiration of the Enforcement Period.

d. If the Party believed to have breached the terms of this Settlement

Agreement responds in writing to the attention of counsel for the Party identified above as

to the specific nature of the alleged breach, identifying a reasonable basis for the alleged

breach and/or its good faith efforts to remedy the alleged breach within the seven (7) day

period, the Party that believes the terms of this Settlement Agreement have been breached

will not take action to enforce the terms of the Settlement Agreement, except as set forth

in the following paragraphs:

1.

If after receiving a written response set forth above, a Party still

believes the terms of this Settlement Agreement have been breached, they will notify the

other Party of the specific nature of the alleged breach and/or alleged deficiency in the

identified justification and/or good faith efforts to remedy the alleged breach in writing, to

the attention of counsel for the Party identified above.

n. After the notification set forth above, the Party believed to have

breached the terms of this Settlement Agreement shall have seven (7) days from the date

Case 2:16-cv-01879-CRE Document 43-1 Filed 11/09/17 Page 7 of 37
ofnotification to respond in writing to the attention ofcounsel for the Party identified above setting forth any additional justification for the alleged breach and/or good faith efforts to remedy the alleged breach.
iii. Following the seven (7) day period, a Party that still believes the terms of this Settlement Agreement have been breached may take action to enforce the terms of the Settlement Agreement by filing an appropriate motion with the Court, which will retain jurisdiction over the enforcement of this Settlement Agreement during the Enforcement Period and to resolve any motion to enforce this Settlement Agreement that is filed prior to the expiration of the Enforcement Period. 16. This Settlement Agreement is in compromise of a disputed claim or claims embodied in the lawsuit filed by Plaintiffs and is entered to avoid further costs and expenses of protracted litigation. Neither this Settlement Agreement nor the payment made hereunder will be construed as an admission of liability or wrongdoing on the part of Allegheny County or its past, present, and/or future agents, attorneys, employees, officials, officers, representatives, successors, heirs, and/or assigns-such liability and wrongdoing being expressly denied on behalf of and by Allegheny County and on behalf of its past, present, and future agents, attorneys, employees, officials, officers, representatives, successors, heirs, and/or assigns. 17. If any term, condition, or provision of this Settlement Agreement is determined by a court of competent jurisdiction to be void or invalid, then only such tenn, condition, or provision determined to be void or invalid will be stricken from the Settlement Agreement, and the remainder of the Settlement Agreement will continue in full force and effect in all other respects. This Settlement Agreement will be interpreted in accordance with the laws of the Commonwealth of Pennsylvania.

Case 2:16-cv-01879-CRE Document 43-1 Filed 11/09/17 Page 8 of 37

I8. This Settlement Agreement may be executed in counterparts.

19. This Settlement Agreement constitutes and contains the entire agreement and

understanding between Plaintiffs, their counsel, and Allegheny County in connection with the

settlement of this lawsuit The terms of this Settlement Agreement are contractual and are not

mere recitals.

20. Nothing in this Agreement shall preclude any person not bound by this Agreement

from filing a separate. original action to vindicate alleged rights that are otherwise addressed in

this Agreement.

21.

declares that I have carefully read this Settlement Agreement, know and

understand its contents, know and understand that by signing it I am releasing certain rights in

accordance with this Settlement Agreement have conferred with my counsel concerning the terms

of this Settlement Agreement and concerning the consequences of her signature hereon, and

knowingly sign this Settlement Agreement as my free and voluntary act with the intent to be bound

legally by it. I agree to this Settlement Agreement for the purpose of making a full and final

adjustment and resolution of all matters as between myself and Allegheny County in connection

with this lawsuit.

IN WITNESS HEREOF AND INTENDING TO BE BOUND LEGALLY, the

undersigned set their hands and seals this l day of

. 2017.

'TANCE AND FORM. WITNESS:

Mcrsiha Tuzlic, Plaintiff

Case 2:16-cv-01879-CRE Document 43-1 Filed 11/09/17 Page 9 of 37

18. This Settlement Agreement may be executed in counterparts. 19. This Settlement Agreement constitutes and contains the entire agreement and understanding between Plaintiffs, their counsel, and Allegheny County in connection with the settlement of this lawsuit. The terms of this Settlement Agreement are contractual and are not

mere recitals. 20. Nothing in this Agreement shall preclude any person not bound by this Agreement
from filing a separate, original action to vindicate alleged rights that are otherwise addressed in

this Agreement. 21. J declares that f have carefully read this Settlement Agreement, know and
understand its contents, know and understand that by signing it I am releasing certain rights in accordance with this Settlement Agreement, have conferred with my counsel concerning the terms of this Settlement Agreement and concerning the consequences of her signature hereon, and knowingly sign this Settlement Agreement as my free and voluntary act with the intent to be bound legally by it. I agree to this Settlement Agreement for the purpose of making a full and final adjustment and resolution of all matters as between myself and Allegheny County in connection

with this lawsuit.

IN WITNESS HEREOF AND INTENDING TO BE BOUND LEGALLY, the

undersigned set their hands and seals this

day of_ _ _ _ _ _ _ _ _ _ _. 2017.

AGREED TO AS TO SUBSTANCE AND FORM. WITNESS:

Case 2:16-cv-01879-CRE Document 43-1 Filed 11/09/17 Page 10 of 37
Riva DePasse, Plaintiff
Jill Hendricks, Plaintiff
Kiari Day, Plaintiff
William D. McKain Allegheny County Manager
Andrew F. Szefi Allegheny County Solicitor Counsel for Defendant Allegheny County, Allegheny County Jail, Orlando Harper
John A. Bacharach Assi ant Allegheny County Solicitor Counsel for Defendant Allegheny County Allegheny County Jail, Orlando Harper
END OF DOCUMENT (FULL RELEASE AND SETTLEMENT OF ALL CLAIMS
AGAINST DEFENDANT ALLEGHENY COUNTY)

Case 2:16-cv-01879-CRE Document 43-1 Filed 11/09/17 Page 11 of 37
Riva DePasse, Plaintiff
_C-=!o'f~·Q '\_. t.._.._?tlo-'---=""'........,-+........ _d."""n...._t~..,.,<'.,.~.t .cJ~-9-·~27- l 7
Jill ro!ndricks. Plaintiff
Kiari Day, PlaintitT
William D. McKain Allegheny County Manager
Andrew F. Szefi Allegheny County Solicitor Counsel for Defendant Allegheny County, Allegheny County Jail, Orlando Harper
John A. Bacharach Assistant Allegheny County Solicitor Counsel for Defendant Allegheny County Allegheny County Jail, Orlando Harper
END OF DOCUMENT (FULL RELEASE AND SETTLEMENT OF ALL CLAIMS
AGAINST DEFENDANT ALLEGHENY COUNTY)

Case 2:16-cv-01879-CRE Document 43-1 Filed 11/09/17 Page 12 of 37
Riva DePasse, Plaintiff
Jill Hendricks. Plaintiff
Kiari Day, Plaintiff
William D. McKain Allegheny County Manager
Andrew F. Szefi
Allegheny County Solicitor Counsel for Defendant Allegheny County, Allegheny County Jail, Orlando Harper
John A. Bacharach Assistant Allegheny County Solicitor Counsel for Defendant Allegheny County Allegheny County Jail, Orlando Harper
END OF DOCUMENT (FULL RELEASE AND SETTLEMENT OF ALL CLAIMS
AGAINST DEFENDANT ALLEGHENY COUNTY)

Case 2:16-cv-01879-CRE Document 43-1 Filed 11/09/17 Page 13 of 37
Mersiha Tuzlic, Plaintiff
Riva DePasse, Plaintiff
Jill Hendricks, Plaintiff
Kiari Day, Plaintiff
William D. McKain Allegheny County Manager
Allegheny County Solicitor Counsel for Defendant Allegheny County, Allegheny County Jail, Orlando Harper
ssi tant Allegheny County Solicitor Counsel for Defendant Allegheny County Allegheny County Jail, Orlando Harper
END OF DOCUMENT (FULL RELEASE AND SETTLEMENT OF ALL CLAIMS
AGAINST DEFENDANT ALLEGHENY COUNTY)

Case 2:16-cv-01879-CRE Document 43-1 Filed 11/09/17 Page 14 of 37
APPENDIX "A"

Case 2:16-cv-01879-CRE Document 43-1 Filed 11/09/17 Page 15 of 37

ALLEGHENY COUNTY BUREAU OF CORRECTIONS

APPLICABILITY: All Authorized Personnel

POLICY NUMBER: #308

EFFECTIVE: 2/12/15 REVISED: 7/25/17

TITLE: Management of Pregnant Females

AUTHORIZED BY: ORLANDO L. HARPER
SIGNATURE: {)cJ0t.4'V:l t.J / Jl:~vpa--

POLICY It is the policy of the Allegheny County Bureau of Corrections ("BOC") to provide a safe, secure and healthy environment for pregnant inmates and their unborn children, while they are incarcerated at the Allegheny County Jail ("ACJ"L and to limit the use of restrictive housing as a punishment for pregnant inmates except where it is necessary to protect the safety of BOC employees, the mother and unborn child, or other inmates at ACJ, and, even in that case, to provide special protections against harm to the pregnant inmate and her unborn child.
PURPOSE To ensure the safe housing and care of all pregnant inmates and their unborn children with comprehensive care, including ongoing prenatal and postpartum follow-up medical services and linkages, to be provided in a confidential matter.
DEFINITIONS
Pregnant Inmates : Unless the context clearly provides otherwise, the term "pregnant inmates" shall include pregnant inmates, post-partum inmates, lactating inmates, and inmates who within the past 30 days are known to have miscarried or had their pregnancy terminated.
Qu al ifie d Healthcare Profession al: A "qualified healthcare professional' is a physician or other individual who is qualified by education, training, licensure/regulation (when applicable) and facility privileging (when applicable) who performs a professional service within his/her scope of practice and
Page 1 of7

Case 2:16-cv-01879-CRE Document 43-1 Filed 11/09/17 Page 16 of 37
independently reports that professional service. A qualified healthcare professional will provide services consistent with then-current standards in the medical community.
QHPs - depending on authorized Pennsylvania scope of practice, licensing includes, in addition to physicians:
Nurse practitioner (NP) Certified nurse specialist (CNS) Physician assistant (PA) Registered Nurses (RN) Certified nurse mid-wife (CNM) Certified registered nurse anesthetist (CRNA) Clinical social worker (CSW) Physical therapist (PT) Dietician-Nutritionist (LON) licensed Practical Nurse (LPN) Medical Assistant (MA)
PROCEDURES
Detection, Confirmation, and Notification of Staff • All female inmates, age SO and under, shall be offered a pregnancy test during the intake medical assessment process. Refusals shall be documented by staff. • All female inmates, age SO and under, who decline a pregnancy test shall be assessed by a qualified healthcare professional for pregnancy if and when they appear to be pregnant. • When an inmate is determined to be pregnant by a qualified healthcare professional, the facility Administration shall be notified. • A list of all pregnant inmates must be presented to the Warden or designee weekly. This list is to include the trimester of the pregnancy and housing status.
Medical: Prenatal Care (Pregnancy Plan of Action) a. All pregnant inmates shall be offered a complete health assessment by a qualified healthcare professional within 14 days of confirmation of pregnancy unless a sooner assessment is warranted under the circumstances. Refusal to submit to the health assessment by an inmate shall be documented in writing and signed by the inmate or her refusal noted by the inmate in writing or witnessed by staff.
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Case 2:16-cv-01879-CRE Document 43-1 Filed 11/09/17 Page 17 of 37
b. After confirmation of pregnancy, the BOC shall provide examinations, prenatal vitamins, lab tests, and any medications as prescribed by a physician. A therapeutic/pregnancy diet and snack shall be issued for each pregnant inmate.
c. Pregnant inmates shall be initially given professional counseling concerning such matters as proper nutrition, activity, hygiene and safety precautions; routine pregnancy and postpartum medical care; unusual health symptoms warranting emergency care; future family planning; breast-feeding and breast-pumping options; and visits/communication with family members on a schedule to be determined by qualified healthcare professionals.
d. Qualified healthcare professionals shall provide prenatal care. High-risk pregnancies and chemically dependent pregnant inmates shall be identified by qualified healthcare professionals and referrals made, where appropriate, to outside specialists within a medically reasonable time.
e. The medical department shall be responsible for providing services for the obstetrical care of the inmates. This shall include prenatal, delivery, routine postpartum care and continuing care for lactating inmates. In addition, lactating inmates shall be allowed to use a breast pump.
f. Pregnant inmates shall be seen at a frequency as determined by a qualified healthcare professional. At a minimum, they shall be seen by a qualified healthcare professional once a month.
g. The BOC will provide tests, including off-site tests, ordered by qualified healthcare professionals, within the time frame specified in the order.
h. Medical care will be provided regardless of an inmate's disciplinary status. i. A pregnant inmate, who is released from the facility, shall be provided with a copy
of her prenatal chart upon written demand, which will include an authorization to release the chart to the inmate or her designee. j. A pregnant inmate shall be placed in the Medical Housing Unit for observation when ordered by a qualified healthcare professional.
Adequate Nutrition and Supplements Pregnant and post-partum inmates shall receive adequate pregnancy/nursing diet as ordered by qualified healthcare professionals on a case by case basis.
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Case 2:16-cv-01879-CRE Document 43-1 Filed 11/09/17 Page 18 of 37
Pregnant and lactating inmates shall receive their pregnancy/nursing diet regardless of where they are housed at ACJ.
Pregnant and lactating inmates shall receive prenatal vitamins and supplements as prescribed by their qualified healthcare professionals on a daily basis without any exceptions. Pregnant and lactating inmates will be advised that a dietary supplement will be made available to them upon their request and recommendation by their treating qualified healthcare professional.
ACJ Staff will track the disbursement of the pregnancy/nursing diet and prenatal supplements by the inmate signing for the meal and supplement or her refusal to sign noted by staff. The form shall me scanned and retained electronically by the BOC.
All complaints and grievances about pregnant and lactating inmates not receiving the appropriate diet and supplements shall be handled in accordance with Policy 505, except the investigation of this type of complaint shall be completed and returned to the Complaint Officer within five (5) days.
Housing Considerations In accord with BOC policies stated above, the goal is to eliminate conditions of restrictive housing for pregnant inmates except in rare cases and to house pregnant inmates in general population according to their classification level.
Pregnant inmates shall be given sufficient out-of-cell time to meet their exercise needs as determined by the treating qualified healthcare professional. Pregnant inmates shall have daily access to recreation areas on their assigned Pod outside their cell for at least two hours of exercise per day between the hours of 6 a.m. and 10 p.m . The specific time when the exercise is allowed shall be determined by the qualified healthcare professionals with consultation with a Major or higher official of the jail.
Adequate Hygiene Pregnant inmates will at all times be provided with hygiene supplies and granted access to showers as described by Policy 317.
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Case 2:16-cv-01879-CRE Document 43-1 Filed 11/09/17 Page 19 of 37
Discipline and Solitary Confinement Pregnant inmates who violate the rules and regulations of the ACJ shall be issued an informal resolution and or misconduct.
Except as outlined below, pregnant inmates are not permitted to be placed in any form of restrictive housing, including being secured in their cells on Pre-Segregation, DHU Status, Informal Resolutions, Investigative Status, Administrative Custody or in the Medical Holding Unit.
Forms of discipline of pregnant inmates will be limited, to the extent possible, as follows:
• The inmate may be sanctioned by restricting telephone, visiting privileges, and/or commissary privileges, but not by restricting out of cell time. If a pregnant inmate's commissary is restricted, supervisory staff shall ensure the inmate has enough hygiene items and is notified of their ability to request nutritional supplements.
• Pregnant inmates' access to visits or phone calls with family members may be restricted. This restriction will be reviewed every seven (7) days. ACJ will make an exception during the disciplinary period for the limited purpose of the inmate planning for the delivery, care and custody of the child and legal calls related to the child's care and custody.
• A pregnant inmate may be placed in restrictive housing only as a temporary response to behavior that poses a serious and immediate risk of physical harm. This decision to place the pregnant woman in restrictive housing must be approved by the Duty Officer and the rationale documented on the Administrative/Disciplinary/Protective Housing Placement Assessment Form. The form will then be submitted to the Deputy Warden's office for review. An example of this form is attached as an exhibit to this Policy. Periods of restrictive housing in excess of 7 days will require the approval of a major or higher and shall be reviewed not less than once per week.
• An informal hearing, with a meaningful opportunity for the inmate to be heard and conducted by a person selected by the Warden or by his designee, shall be held within twenty-four hours if a pregnant inmate's privileges are restricted. The person conducting the informal hearing shall not have been involved in the incident that is the subject of the hearing. This sub-paragraph shall not apply to
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Case 2:16-cv-01879-CRE Document 43-1 Filed 11/09/17 Page 20 of 37
Informal Resolutions under Policy #176 nor shall it serve to waive any right of the inmate to a formal hearing. All pregnant and postpartum inmates will be cleared by a qualified healthcare professional (a registered nurse, physician or certified nurse mid-wife) prior to placement in restricted housing. Medical clearance for placement in restricted housing will be documented in the medical file and the inmate's disciplinary file. An example of this form is attached as an exhibit to this Policy. Any placement of a pregnant inmate in restricted housing should be re-evaluated every seven days by the Program Review Committee and daily by medical personnel. The PRC review shall be noted in the Review Committee Action form. An example of this form is attached as an exhibit to this Policy. Delivery and Transfer of Infant in Custody Once a qualified healthcare professional has established true labor, the inmate shall be transported to the hospital.
Elective Termination of Pregnancy Elective termination of pregnancy procedures will be provided at the inmate's request. Inmates shall not be denied services if indigent. The inmate shall be responsible for all costs related to the diagnostic work-up, assessment, treatment, surgical intervention, medical complications, Correctional officers, and transportation cost associated with the elective termination of pregnancy procedures. A hold for the total cost shall be placed on the inmate's account and shall be restored if incarcerated until payment is paid in full.
An elective termination procedure shall be performed by a physician, in compliance with all applicable laws, including the Abortion Control Act, 18Pa. C.S.A. 3201-3220, Chapter 2, Page 10, and Subsection II.E.3
These procedures shall not be performed in Department facilities. They shall be performed in a licensed offsite facility.
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Inmate Notification:
Elective termination of pregnancy procedures will be provided at the inmate's request.
Inmates shall not be denied services if indigent. The inmate shall be responsible for all costs related to the diagnostic work-up, assessment, treatment, surgical intervention, medical complications, Correctional officers, and transportation cost associated with the elective termination of pregnancy procedures. A hold for the total cost shall be placed on the inmates account and shall be restored if incarcerated until payment is paid in full. Inmate shall receive a copy of the itemized invoice upon request.
An elective termination procedure shall be performed by a physician, in compliance with all applicable laws, including the Abortion Control Act, 18Pa. C.S.A. 3201-3220, Chapter 2, Page 10, and Subsection II.E.3
These procedures shall not be performed in Department facilities. They shall be performed in a licensed offsite facility.

Signature is notification of understanding the above

Inmate Deputy Warden of Administration

Date Date

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FORMS

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COUNTY OF

ALLEGHENY

RICH FITZGERALD COUNTY EXECUTIVE
Allegheny County Jail Pregnant Inmate Receipt for Meal

Print Inmate Name:_ _ _ _ _ _ _ _ __ ___:Date:_ _ __ _ __ _ Time:_ _ _ Inmate Signature:_ __ _ _ _ __ _ _ _ _ __ ___:DOC#_ __ _ __ __
This memorandum shall serve as a receipt indicating you received your pregnancy diet meal at the Allegheny County Jail on the following dates and times.
Breakfast Meal Officer Name Print:_ __ _ _ __ ____Dal :_ __ _ _ _ _Time:_ _ _ _ __ Officer Signature:._ _ _ _ _ __ _ _ __ _ __ __ Captain Print Name:_ _ _ _ _ _ _ _ _.Date:_ _ _ _ _ __Time:_ __ _ _ Captain Signature:_ __ _ _ _ _ _ __ _ _ __ __

Lunch Meal Officer Name Print:._ _ _ __ _ _ _ _ ___:Date:_ __ _ _ _ _Time:_ _ _ _ __ Officer Signature:_____ _ _ ________ _ Captain Print Name:_ _ _ _ _ __ _ _Date:_ _ _ __ __Time:._ _ __ _ Captain Signature:______ _ _ ________

Dinner Meal Officer Name Print:_ __ _ _ _ _ _ _ __.;Date:_ _ _ _ __ _Time:_ _ _ __ _ Officer Signature:____________ __ __ Captain Print Name:_ _ __ _ _ _ _ _Date:_ _ __ _ _Time:_ _ _ __ Captain Signature:____________ _ __ _ *The officer shall sign his/her name and write "Refuse to Sign" on this document, when the diet meal is offered and refused by the inmate.

ORLANDO L . HARPER, WARDEN
ALLEGHENY COUNTY JAIL 950 SECOND AVENUE • PITTSBURGH, PA 1521 9
PHONE (4 1 2) 350-2000 • (4 12) 350-2032
WWW .ALLEGHENYCOUNTY.US

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