Victory v. Berks Cnty.
| Decision Date | 17 October 2019 |
| Docket Number | CIVIL ACTION NO. 18-5170 |
| Parties | THERESA VICTORY, et al. v. BERKS COUNTY, et al. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
Berks County admittedly houses female Trusty inmates in its Jail with different rights as to freedom of movement, access to privileges, and visitation than it offers to male Trusty inmates in a neighboring Community Reentry Center even though all inmates are carefully screened upon prison entry to ensure only the lowest risk inmates are classified as "Trusty." Two female Trusty inmates no longer in custody challenge this policy, as well as differing access rights to prison furloughs, as violating the Equal Protection Clause of the Fourteenth Amendment. They individually seek damages. They also seek permanent injunctive relief on behalf of class of similar situated female Trusty inmates to change this policy. Berks County defends its policy arguing it is not obligated to provide the same freedom of movement, access to privileges, and visitation to females as males and otherwise cannot think a plan to remedy the possible equal protection violation given its safety fear, structural barriers, and lack of female staff. Both parties move for summary judgment. Although we find Berks County's policy as to freedom of movement, access to privileges, and visitation violates the female Trusty inmates' rights to equal protection, we deny both motions as there are genuine issues of material fact as to Berks County's policy on access to furloughs for Trusty inmates, the narrowness, intrusiveness and necessity of permanent injunctive relief, and possible compensatory and punitive damages for the two former Trusty female inmates.
The Berks County Jail System consists of the Berks County Jail and the Community Reentry Center.2 The Reentry Center is located down the hill from the Jail.3 Berks County houses both male and female inmates in the Jail.4 The Jail consists of several male-only housing units, one female-only housing unit, and two medical units housing both male and female inmates.5 Berks County houses only male inmates in the Reentry Center.6 Berks County classifies inmates as one of five custody levels: Administrative Segregation, Maximum, Medium, Minimum, and Trusty.7 Trusty is the least restrictive custody level.8
As of May 14, 2019, Berks County housed 1,006 inmates in the Berks County Jail System, with 873 male inmates and 133 female inmates.9 As of August 16, 2019, eight female inmates held Trusty status.10 Sixty-eight male inmates held Trusty status.11 From January 2016 to May 2019, female Trusty inmates accounted for fourteen percent of the total Trusty inmate population.12 Berks County houses ninety-two male inmates in the Reentry Center.13
The average length of stay in the Berks County Jail System for female Trusty inmates from 2014 to 2018 was 126 days, while the average length for male Trusty inmates was 149 days.14 From January 2016 to May 2019, female Trusty inmates held "Trusty" status for an average forty-nine days during their incarceration, while male Trusty inmates held the status for an average sixty-three days.15 In 2018, the average length of incarceration was fifty-seven days for female Trusty inmates and fifty-six days for male Trusty inmates.16
Berks County uses the Ohio Risk Assessment System.
Berks County classifies inmates with a custody level after a risk assessment and review by the Institutional Classification Committee.17 Berks County uses an "objective classification system" to determine an inmate's custody level and eligibility for programming.18 Berks Countybases an inmate's custody level on their security risk.19 Berks County employs the Ohio Risk Assessment System, a nationally recognized risk assessment test, to determine both male and female inmates' risk level in the Jail System.20 It uses the Ohio Risk Assessment "Prison Screening Tool" to categorize an inmate as low, moderate, or high risk.21 Prison officials perform the risk assessment analysis for both male and female inmates.22 Trusty inmates generally receive "low" or "moderate" Ohio Risk Assessment scores.23 Berks County applies this System to men and women and does not distinguish between men and women in classifying the presented risk.
An inmate's risk assessment score determines eligibility for job-related programming. Berks County hired Berks Connection, a non-profit organization, to provide programs at the Jail and the Reentry Center.24 Deputy Warden Smith testified Berks Connection offers programming to inmates based on their Ohio Risk Assessment scores.25 She testified Berks Connections only offered job-related programs—in the Jail and the Reentry Center—to inmates with "moderate" or "high" risk scores.26 Berks Connection offers four job-related programs at the Reentry Center: (1) Introduction to Reentry, (2) Ready to Reenter, (3) Resume writing seminar, and (4) Ready to Succeed.27 Berks Connection offer these four programs to inmates with "moderate" or "high" Ohio Risk Assessment scores.28
Berks Connection offers a single job-related program at the Jail called Working Towards Change, a cognitive behavior therapy program focused on problem solving and reducing recidivism.29 Berks Connection offers Working Towards Change only to "moderate" or "high" risk inmates in the Jail.30
Female Trusty inmates reside only in the Jail.
Berks County houses female Trusty inmates on the F Block of the Jail, either in locked cells or in bunk-style housing in the overflow unit.31 During her incarceration, Ms. Victory livedin both a locked cell and the overflow unit.32 The locked cells house two inmates and contain a toilet and a sink.33 The toilet has no lid and locks after two flushes.34 Female Trusty inmates eat their meals in their cells.35 Ms. Velazquez-Diaz testified she ate meals with a locked toilet containing feces.36 Female Trusty inmates leave their cells to retrieve meals and medicine and attend programming.37
Female Trusty inmates in the overflow unit in the Jail live in an open housing area with bunk beds.38 They use communal bathrooms and showers.39 Female Trusty inmates in the overflow unit cannot wander freely around the unit except during recreation periods.40 Female Trusty inmates can use only during telephones and microwaves in the overflow unit recreation periods.41
Female Trusty inmates in the Jail receive six hours of recreation each day but forfeit recreation during lockdowns.42 Female Trusty inmates can only use the shower, microwave, and telephone during recreation periods but cannot use these amenities during lockdowns.43 Between February 24, 2018 and April 7, 2019, the Berks County Jail System had seventy-one lockdowns, with six of those only affecting the F Block.44 Lockdowns can last longer than a day.45 Captain Miguel Castro admits inmates in the Jail spend more time on lockdown than inmates in the Reentry Center.46
Female Trusty inmates may receive visitors in the Jail. A glass partition separates female Trusty inmates in the Jail from their visitors.47 Ms. Velazquez-Diaz testified she could not hear her family members during visits because she shared the room with other inmates and visitors and people shouted to each other.48Male Trusty inmates reside only in the Community Reentry Center.
The Community Reentry Center houses male inmates with Trusty, Minimum, and Medium custody level classifications.49 It has four units (Q, R, S, and T) and contains 152 beds.50 Two roll-up doors separate Units Q and R, but there are openings near the ceiling between the two units.51 Unit T houses Minimum and Medium male inmates.52 Glass windows separate Units T and S.53 The Reentry Center also contains a dayroom with telephones and microwaves.54 The Reentry Center has communal bathrooms and showers.55
The Reentry Center contains cells housing two or four inmates.56 These cells do not contain toilets or sinks, and they do not lock.57 Inmates in the Reentry Center can access the Center's dayroom and can use the microwaves and showers any time from 5:00 AM to 11:00 PM.58 They can move freely between their cells and the dayroom during this time.59 They may eat their meals in the dayroom.60 Between 11:00 PM and 5:00 AM, they can only leave their cells to use the bathroom.61 The Reentry Center contains a computer lab.62 The Reentry Center also contains four locked cells with toilets for inmates with minor disciplinary infractions.63
Inmates in the Reentry Center can only receive visitors on Sundays at specific times.64 Visitations occur in the Reentry Center's gymnasium.65 The Inmate Handbook provides visits in the Reentry Center can last up to fifty minutes, while Lieutenant Mugar testified visits in the Reentry Center cannot exceed forty-five minutes.66 No partition separates Reentry Center inmates from their visitors.67
Berks County's differing policies for access to furloughs for male Trusty inmates.
Berks County officials swore inmates only receive furloughs if the sentencing judge allows for furloughs.68 But its policy does not define this condition. The Berks County Jail System'sInmate Handbook describes the furlough policy but does not mention a need for sentencing judge approval for eligibility:
The furlough program provides a means for temporary release from custody for those inmates successfully participating in select treatment programs, or in some specific cases for family emergencies, e.g. to attend funerals of immediate family members. The Warden makes the final determination on whether or not a furlough will be considered. To be eligible for any furlough you must be sentenced on all charges, have no detainers, and have no un-adjudicated parole violations. Requests for any type of furlough are initiated through your counselor.69
The policy provides further access to furloughs for Reentry Center inmates only: "Access to other types of program furloughs may be offered and will be considered on an individual basis."7...
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