VICTORY V BERKS COUNTY: Order and Findings of Fact & Conclusions of Law. Berks County must not treat the lowest risk Trusty inmates differently "based on their chromosomes"
January 15, 2019
Federal Judge Kearney ruled in favor of our client Theresa A. Victory stating that Berks County must allow her the same freedom of movement and opportunities provided to her male counterparts at the Berks County Community Reentry Center by Friday, January 18, 2019. These include 13 hours outside her cell when she is at the prison, no lock on her cell during, the evening and direct access to the rehabilitative programs she wishes to attend in the re-entry center.
Judge Kearney stated that “We find Berks County does not adequately justify its reasons for this substantially different treatment of lowest risk Trusty inmates working in our community on work release based on their chromosomes.” and “After too long, Berks County must act now to mitigate further harm to Ms. Victory and ensure her equal protection under the Law, without retaliating against her . . . because Berks County now needs to treat men and women Trusty inmates in the same manner.”
The Pennsylvania Institutional Law Project is representing Ms. Victory in this class action lawsuit filed on behalf of fifteen female work release and Trusty inmates.