Victory v. Berks Cnty.

355 F. Supp. 3d 239
CourtDistrict Court, E.D. Pennsylvania
DecidedJanuary 15, 2019
DocketCIVIL ACTION NO. 18-5170
StatusPublished
Cited by2 cases

This text of 355 F. Supp. 3d 239 (Victory v. Berks Cnty.) 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
Victory v. Berks Cnty., 355 F. Supp. 3d 239 (E.D. Pa. 2019).

Opinion

26. Ms. Victory completed the Outpatient Drug and Alcohol Treatment Program required by the sentencing judge by October 29, 2018.17

27. At an unknown time possibly as early as May or June 2018, Berks County correctional officers told her only male inmates could be housed at CRC.

28. Ms. Victory filed this case on her behalf, and other similarly situated female inmates with the Trusty classification, on November 30, 2018.18 She seeks, among other things, injunctive relief compelling the Warden and Deputy Warden to move her to the CRC or an alternative with the exact same privileges, programs and services as provided at the CRC.

29. Approximately a week later following newspaper coverage of her filing this case, Berks County ceased her work release privileges on December 7, 2018.19 She missed work one day before Berks County ended this conduct based on a perceived disciplinary claim.

Berks County's Jail compared to its Community Reentry Center.

30. Berks County maintains a jail with several units exclusively for men, one unit (F or "foxtrot" Block) exclusively for women, and other units for medical care and discipline. The Jail includes persons with each level of custody classification.

31. The inmates in the Jail are confined to locked cells of approximately seventy-five square feet in size, except for a period of either four or six hours of recreation time when they can access phones, showers and a microwave. There are two persons to each locked cell in the Jail who *246share a toilet in the cell. The inmates eat their meals in the cell.

32. The Jail provides a variety of programs for the inmates in the Jail, including drug and alcohol treatment.

33. The Warden and her staff strive, consistent with her understanding of Pennsylvania Law, to always assign at least one of their thirty-one women correctional officers on the F (or otherwise characterized as the "foxtrot") Block in the Jail for each of three daily shifts.

34. Given the physical size of the Jail and number of inmates, the Jail has frequent lockdowns requiring the inmates remain in their cell, often forfeiting recreation time.

35. In 2010, Berks County converted a juvenile detention center down the hill from the Jail into a Community Reentry Center for the admitted "goal of reducing recidivism and assisting residents in re-establishing themselves as productive members of our community."20

36. Berks County while touting the value of its CRC does not represent the CRC is available only to men to assist in re-establishing themselves as productive members of the community.

37. The CRC has four units: Q, R, S and T. Q and R units are across from each other on the same level separated by a roll-up steel door and possibly having ceiling holes which would allow comments to pass between the units. S and T units are next to each other on another level which have large glass windows looking into their community or day room from the guard stations.

38. Each of the four CRC units has a large community or day room with microwave, at least three showers/sinks shared by up to twenty-two inmates who may share cells opening into the day room with two or four beds and private closets. The cells within the four CRC units are never locked so as to allow the male inmates free access to the bathrooms and showers all day. The male inmates may come and go throughout their assigned unit, play backgammon and privately use the bathrooms and showers. They eat their meals in the group community or day room.

39. The CRC has 152 beds spread among the cells in the four units. As of our January 10, 2019 Hearing, approximately 100 beds are now being used by male inmates.

40. These inmates include all male inmates with Trusty classification as well as male inmates with greater risk, including medium security.

41. The Deputy Warden credibly testified she could assign each of the present 100 male inmates at CRC into three of the four units at the CRC and leave another unit for women.

42. The Warden has only assigned one female correctional officer to the CRC. The Warden would like to hire more female correctional officers. The correctional officers belong to a union and some of these assignments are considered "bid" positions.

43. Ms. Victory is eligible for parole as of January 28, 2019 but we have no assurance of her release on any date.21

Berks County's failed reasons for the different treatment of Trusty inmates based on gender.

44. Berks County maintains an official policy of excluding female inmates from housing in the CRC. Berks County admittedly justifies its policy to house only male *247inmates in the CRC through a confluence of staffing, security, and cost concerns.

45. Berks County must staff the Jail and CRC twenty-four hours each day, 365 days per year. To ensure around-the-clock staffing, Berks County estimates it must employ six correctional staff members to fill one duty post each day.

46. Berks County officials testified male and female correctional staff must be assigned in a manner consistent with Pennsylvania law requiring at least one male and one female corrections staff member be on duty at all times in the prison and also in units where male and female inmates are housed together (e.g., the Jail's medical care unit with both males and females).22

47. Berks County currently employs approximately thirty-one female correctional officers. Berks County prefers one female correctional officer available to the necessary strip search of female inmates new to the jail system or returning each day from Work Release.

48. Three female correctional staff members are currently on inactive status for various reasons. Six female correctional staff members are in bid positions, meaning Berks County cannot freely reallocate these personnel throughout the jail. As a result, Berks County may assign approximately twenty-two female correctional staff members to posts throughout the Jail and CRC.

49. Assigning Ms. Victory to the CRC will require Berks County to assign at least six female corrections officers to the facility (2 officers for each of three daily shifts), reducing the number of female correctional staff Berks County can assign to the F Block and medical units in the Jail. Berks County did not credibly explain why six female corrections officers are necessary except it prefers one female officer available for the strip search protocol and one female officer available generally on a unit with a female inmate. But Berks County concedes it often has one female officer available on a unit with a female inmate.

50. Berks County officials testified inmates must be housed in compliance with Pennsylvania law requiring the separation of male and female inmates.23

51. Housing Ms. Victory or any other female inmates in the CRC may require Berks County to modify certain physical aspects of the CRC to provide female inmates necessary safety, privacy, and security. If it were to elect to treat Ms.

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VICTORY v. BERKS COUNTY
E.D. Pennsylvania, 2020

Cite This Page — Counsel Stack

Bluebook (online)
355 F. Supp. 3d 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/victory-v-berks-cnty-paed-2019.