Santiago v. City of Philadelphia

72 F.R.D. 619, 22 Fed. R. Serv. 2d 687, 1976 U.S. Dist. LEXIS 12137
CourtDistrict Court, E.D. Pennsylvania
DecidedNovember 24, 1976
DocketCiv. A. No. 74-2589
StatusPublished
Cited by55 cases

This text of 72 F.R.D. 619 (Santiago v. City of Philadelphia) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Santiago v. City of Philadelphia, 72 F.R.D. 619, 22 Fed. R. Serv. 2d 687, 1976 U.S. Dist. LEXIS 12137 (E.D. Pa. 1976).

Opinion

OPINION

JOSEPH S. LORD, III, Chief Judge.

This is a civil rights action brought by seventeen juveniles, on behalf of themselves and others similarly situated, challenging the conditions of confinement and treatment at the Youth Study Center (“YSC”), Philadelphia, Pennsylvania, and seeking injunctive and declaratory relief and damages. Plaintiffs have moved for class action certification. We grant their motion as it applies to injunctive and declaratory relief.

The plaintiffs, all of whom have been confined at YSC, initiated this action in October, 1974 and have filed two amended complaints. Their motion for class certification, filed- in January, 1975, has been delayed because of a hearing on a preliminary injunction and lengthy settlement negotiations. Plaintiffs’ allegations of constitutional deprivations and state statutory violations can be divided into six categories: (1) unconstitutional corporal punishment and solitary confinement; (2) conditions of confinement which violate constitutional and statutory standards (e.g., inadequate heat, lighting, living space); (3) improper institutional restraints and suppression of liberties (mail, visitation, recreation, medi[623]*623cal care, etc.); (4) denial of adequate educational and rehabilitative services; (5) racial segregation at YSC resulting from discriminatory placement of juveniles; and (6) failure to utilize the least restrictive alternative in confining juveniles. Plaintiffs maintain that these practices are actionable under 42 U.S.C. §§ 1981, 1983, 1985(3), 1986, 1988, 1994 and 2000d; the First, Fourth, Fifth, Eighth, Thirteenth and Fourteenth Amendments of the United States Constitution; and the statutory and common law of the Commonwealth of Pennsylvania. Named as defendants are several city officials, judges of the Family Court Division of the Philadelphia Court of Common Pleas, administrators and personnel of YSC and officials of the Philadelphia School District and State Department of Education. The state and city officials and YSC administrators are included as defendants because the plaintiffs assert that these individuals were aware, or should have been aware, of the conditions and practices at YSC and thus acquiesced in the alleged constitutional and/or statutory violations.

Plaintiffs seek certification under Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure. They request that there be one class, consisting of all juveniles who are or will be incarcerated at YSC, and two subclasses, consisting of (1) all non-white juveniles and (2) all non-adjudicated delinquent juveniles, who are or will be incarcerated at YSC.

On behalf of the class, plaintiffs request injunctive and declaratory relief, asking the court, inter alia, to declare that the aforementioned policies and practices violate federal and state law, to devise a plan eliminating these conditions while YSC remains operational, and to order the facility closed after a phased transition period. The named plaintiffs individually seek compensatory and punitive damages. The second amended complaint also requests “such further relief as is necessary and appropriate.” Apparently, as part of this “further relief,” the motion for certification claims damages for the class resulting from the conditions and practices at YSC.

I

Before addressing the specific requirements of Rule 23, we must first consider whether the class action is presently moot.1 It appears that none of the named plaintiffs currently resides at YSC; thus, their individual claims for injunctive relief are moot. Defendants contend that the class action becomes moot when all of the named plaintiffs’ claims are moot. We reject this argument. Since the average stay at YSC is less than two weeks for all resident youths,2 it would be impossible for any individual’s claim not to become moot during litigation of this action. Where a claim is “capable of repetition, yet evad[es] review,” there is a well-established exception to the general mootness requirement. Southern Pacific Terminal Co. v. ICC, 219 U.S. 498, 31 S.Ct. 279, 55 L.Ed. 310 (1911). Normally the plaintiff’s claim must remain nonmoot throughout the entire litigation in order for there to be a live case and controversy. But in Sosna v. Iowa, 419 U.S. 393, 95 S.Ct. 553, 42 L.Ed.2d 532 (1975), the Court held that, in class actions where a claim may “evade review,” the case is not moot if the named plaintiff has a case or controversy at the time the complaint is filed and at the time the class action is certified. The Court suggested that there may be circumstances under which the latter time requirement can be excused.

In Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975), a class action by pre-trial detainees challenging the denial of a probable cause hearing, the Court held that the case and controversy requirement was satisfied even though the named plain[624]*624tiff’s claim was moot at the time of class certification. Justifying this holding, the Court noted:

“The length of pretrial custody cannot be ascertained at the outset, and it may be ended at any time by release on recognizance, dismissal of the charges, or a guilty plea, as well as by acquittal or conviction after trial. It is by no means certain that any given individual, named as plaintiff, would be in pretrial custody long enough for a district judge to certify the class. Moreover, in this case the constant existence of a class of persons suffering the deprivation is certain. The attorney representing the named respondents is a public defender, and we can safely assume that he has other clients with a continuing live interest in the case.” Id. at 110 n.11, 95 S.Ct. at 861 n.11, 43 L.Ed.2d at 63 n.11.

Certification is said to “relate back” to the time of filing under these circumstances.

We find that factors similar to those discussed in Gerstein are present in this action and, therefore, mootness of the named plaintiffs at the time of certification is excused. See McGill v. Parsons, 532 F.2d 484, 488 (5th Cir. 1976); Inmates of San Diego County Jail v. Duffy, 528 F.2d 954, 956-57 (9th Cir. 1975); Jones v. Diamond, 519 F.2d 1090, 1093 (9th Cir. 1975); Conover v. Montemuro,

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Bluebook (online)
72 F.R.D. 619, 22 Fed. R. Serv. 2d 687, 1976 U.S. Dist. LEXIS 12137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santiago-v-city-of-philadelphia-paed-1976.