Case Result! Victory v. Berks County: Judge rules that Berks County Jail must provide incarcerated women with the same rights an​d privileges as men.

January 15th, 2020

The Honorable Mark A. Kearney of the U.S. District Court for the Eastern District of Pennsylvania issued a permanent injunction on Wednesday, January 15th, ordering Berks County to provide women with the lowest security classification the same rights and privileges as men with the same classification. Some of these include: the amount of out-of-cell time; access to phones, microwaves, and showers; and visitation conditions.

This ruling comes after Judge Kearney and a jury found that Berks County did, in fact, discriminate against the women in the jail. 

However, the ruling did not remedy Berks County's actions on the eve of trial in November 2019 when, rather than provide the lowest security women with more freedoms, the county moved the lowest security men from their much lauded Community Reentry Center to the Berks County Jail. In doing this, Berks County chose to make the conditions of confinement and access to resources worse for the men rather than improving conditions for the women.

We are pleased with the Court’s ruling that Berks County must not discriminate against incarcerated women, but we remain disheartened by the County’s actions. 

The Pennsylvania Institutional Law Project and Dechert LLP represented the plaintiffs Theresa Bohning (née Victory), Alice Velazquez-Diaz, and a class consisting of all current and future female Trusty prisoners in the Berks County Jail in the class action Victory, et al. v. Berks County, 18 Civ. 5170 (E.D. Pa). 

Read the Court Order granting permanent injunction
Read the full Court Opinion

Su Ming Yeh appointed Interim Executive Director of the Pennsylvania Institutional Law Project

January 10, 2020

The Pennsylvania Institutional Law Project Board of Directors is proud to announce that Deputy Director Su Ming Yeh has been appointed as Interim Executive Director, following the departure of founding Executive Director Angus Love.

Since joining the Pennsylvania Institutional Law Project in 2006, Ms. Yeh has proven a strong leader and integral member of the organization. She has served as PILP’s Deputy Director for several years and, prior to this role, as the Managing Attorney, both litigating and advising staff on the full breadth of prisoner’s rights cases arising out of Pennsylvania’s prisons, jails, and ICE facilities.

Su Ming brings extensive experience to the position. She has litigated dozens of prisoners’ rights cases, including a successful class action lawsuit, which resulted in over 5,000 incarcerated people in Pennsylvania state prisons receiving life-saving Hepatitis C treatment. She has also successfully argued before both the U.S. Court of Appeals for the Third Circuit, and the Pennsylvania Supreme Court. She earned her law degree from the University of Pennsylvania Law School cum laude, where she is currently an adjunct professor.

Ms. Yeh is looking forward to serving in this critical role. “I am excited for this opportunity to continue with PILP in providing integral legal representation, advocacy, and resources for incarcerated people in Pennsylvania. I look forward to working in collaboration with the board, staff, and community in our exciting new phase of organizational growth.”

The Pennsylvania Institutional Law Project Board of Directors is pleased that Su Ming Yeh has agreed to serve in this capacity as it continues implementing a transition plan to fill a permanent executive staff leader. PILP is committed to building upon our recent successes and continuing to provide excellent, free legal advocacy and resources to the over 14,000 people incarcerated in Pennsylvania who seek PILP’s assistance each year.

PILP thanks all of its partners, friends, and supporters, and looks forward to continuing its fight for justice together as it moves on to a great new chapter.

Read and download the pdf announcement here

2019 Annual Report from the frontlines of the fight for prisoner's rights

2019 was an exceptional year for the Pennsylvania Institutional Law Project. We are on the frontlines every day working to ensure that people behind bars are afforded their constitutional rights and we challenge the system when these rights are violated. In 2019 year alone PILP won a groundbreaking ruling for immigrants’ rights at ICE facilities, secured settlements and policy change for women who were sexually abused, held an institution accountable for inhumane, punitive solitary confinement, and won a class action gender discrimination case.

Read more about our work safeguarding prisoners’ rights, our dedicated staff, and how you can get involved HERE

Now hiring: Executive Director in the Philadelphia Office

COME WORK WITH US!
POSITION: EXECUTIVE DIRECTOR

We are currently seeking a strong, far-sighted, full-time Executive Director, with a passion for representing those incarcerated or institutionalized individuals whose rights have been violated. PILP will accept applications on a rolling basis until the position has been filled. However, candidates are highly encouraged to submit their application by Wednesday, January 31, 2020 for consideration for first round interviews. More information about the position and application instructions can be found HERE.

Jury finds Berks County guilty of gender discrimination.

November 20, 2019 | Reading Eagle | Karen Shuey

The federal trial centered on allegations that women assigned trusty status were treated differently than men who were housed at the Berks County Reentry Center.

A federal jury last week found that Berks County violated the constitutional rights of women assigned trusty status incarcerated at the Berks County Prison by denying them the same access to furloughs as men who hold the same status.

The case centered around a lawsuit filed by former inmates Theresa Victory and Alice Velazquez-Diaz, alleging that women assigned trusty status are treated differently than men who hold the same status and are housed at the Berks County Reentry Center. The action aimed to provide female trusty inmates at the prison the same freedoms and opportunities given to their male counterparts.

At the conclusion of a weeklong trial in U.S. District Court in Philadelphia, a jury of eight found that the two women were subjected to discrimination claims under the 14th Amendment. In addition, the jury awarded $2,800 in compensatory damages to Victory, who has since married and changed her name to Theresa Bohning, finding that the discriminatory treatment caused her harm.

Attorney Su Ming Yeh of the Pennsylvania Institutional Law Project, which represented the women, applauded the outcome of the trial.

"We are pleased that the jury recognized that Berks County was refusing to provide equal opportunities to incarcerated women in connecting with their families and preparing for reentry back into society," Yeh said in a press release.

Read more →

PRESS RELEASE: Jury Finds That Berks County Discriminated Against Women Incarcerated At Berks County Jail

FOR IMMEDIATE RELEASE
November 19, 2019

Press contact:
Rebecca Susman, Communications Manager, Pennsylvania Institutional Law Project
Email: rsusman@pailp.org
Phone: 412-254-4771

PHILADELPHIA, PA – In a trial beginning on November 12, 2019, a jury of eight people unanimously found that Berks County violated the constitutional rights of women incarcerated at the Berks County Jail by denying them the same access to furloughs as men. In addition, the jury awarded damages to one of the women who brought the lawsuit, finding that Berks County’s discriminatory treatment caused her harm. “We are pleased that the jury recognized that Berks County was refusing to provide equal opportunities to incarcerated women in connecting with their families and preparing for reentry back into society,” explained Su Ming Yeh, Deputy Director of the Pennsylvania Institutional Law Project.

On the afternoon of Friday, November 8, 2019, the last business day before trial, the Berks County Commissioners added an additional twist to the lawsuit when the county’s attorneys abruptly filed a notice with the Court, stating that they had moved all of the lowest security “trusty” status men housed in the Community Reentry Center (CRC), around which much of the case revolved, into cells at the Berks County Jail, seemingly without public input.

The Pennsylvania Institutional Law Project and Dechert LLP represented the plaintiffs Theresa Bohning (née Victory), Alice Velazquez-Diaz, and a class consisting of all current and future female Trusty prisoners in the Berks County Jail in the class action Victory, et al. v. Berks County, which challenged Berks County’s practice of housing incarcerated men with the lowest security “trusty” status in the Community Reentry Center, while the women with the same status were imprisoned inside Berks County Jail cells. The Community Reentry Center provided greater access to privileges, more freedom of movement, better visitation conditions, and more access to furloughs, and had been assisting men’s reentry into their communities for nine years. The decreased rate of recidivism as a result of this program saved the county money, according to one Berks County Commissioner who testified in an earlier court hearing.

While the judge, The Honorable Mark A. Kearney of the U.S. District Court for the Eastern District of Pennsylvania, had already found that Berks County violated the rights of the “trusty” status women by denying them the freedom of movement, access to showers and privileges, and visitation conditions provided to men with the same status, it was up to the jury to determine whether the differences in access to furloughs amounted to unconstitutional discrimination. In Berks County, individuals of the lowest security classification are granted additional privileges including being on work release and the ability to take furloughs, i.e. permission to leave the premises for specific hours during the day and then return to jail. This privilege is not granted lightly and requires both permission from the warden and the sentencing court.

The opportunity allows people to spend time reconnecting with their family support system, get IDs to prepare for release or work release, and complete other logistics that will allow them to successfully resume life within their community. One man testified that being permitted a furlough allowed him to reconnect and build a relationship with his son and to secure housing for after his release. “Our clients simply wanted the same access to furloughs as the men — to see their children, care for their loved ones, and prepare for their return home,” stated attorney Matthew A. Feldman of the Pennsylvania Institutional Law Project. “We were honored to represent Theresa Victory, and Alice Velazquez-Diaz who pursued the case on behalf of all trusty women in Berks County Jail, not for personal gain but because they believed incarcerated women deserve the same freedoms and privileges afforded to their male counterparts.”

Certain issues relating to what additional remedies, if any, should be ordered will be reviewed by Judge Kearney. The Pennsylvania Institutional Law Project and Dechert LLP are still determining whether the conditions of the men and women are "substantially equivalent" and are concerned about the potential for future inequities. “Closing the Community Reentry Center is an enormous setback for reentry services to all incarcerated people,” said Su Ming Yeh. “We are disappointed that Berks County would rather empty the Reentry Center, than provide robust reentry services equally for both men and women that would assist their successful return to society.”

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Click HERE for pdf of Press Release

PRESS RELEASE: Berks County Abruptly Empties Men’s Community Reentry Center Rather Than Provide Incarcerated Women With Equal Access

FOR IMMEDIATE RELEASE
November 11, 2019

Press contact:
Rebecca Susman, Communications Manager, Pennsylvania Institutional Law Project
Email: rsusman@pailp.org
Phone: 412-254-4771

PHILADELPHIA, PA – In a severe step backward for gender equality and reentry services for incarcerated people, the Berks County Commissioners abruptly emptied the Berks County Community Reentry Center (CRC), which provided rehabilitation and reentry services to incarcerated men with the lowest-risk status. This was a brazen act by Berks County on the eve of trial, three weeks after a federal court already found Berks County violated the Constitution by excluding incarcerated women from receiving the same rights and privileges as the men housed in the CRC, solely on the basis of their gender. “It appears that the Berks County Commissioners would rather have no reentry center at all than a reentry center open to women,” stated attorney Matthew A. Feldman of the Pennsylvania Institutional Law Project.

The Victory, et al. v. Berks County class action case is scheduled to go to trial on Tuesday, November 12, 2019. The lawsuit challenges the practice of imprisoning women with the “Trusty” classification in jail cells while housing men with the same classification in the separate CRC.  There, the men enjoy far more time out of their cells, greater access to privileges, better visitation conditions, and easier access to furloughs. The federal court has already found that the Berks County Jail System’s unequal treatment of “Trusty” women and men is unconstitutional in several ways, with only a few remaining undecided issues going to trial. Plaintiffs Theresa Bohning (née Victory), Alice Velazquez-Diaz, and a class consisting of all current and future female Trusty prisoners in the Berks County Jail are represented by the Pennsylvania Institutional Law Project (PILP) and Dechert LLP.

Shortly after noon on Friday, November 8, 2019, the last business day before trial, the county’s attorneys filed a notice with the Court, stating that all the men housed in the CRC had been moved to the Jail and that there was no longer anyone housed in the CRC.  The first notice that was filed said that the Board of Commissioners “voted” to empty the CRC. Later the county’s attorneys filed an amended notice, in which the word “voted” was replaced with “decided.” It is unclear when this decision was made, but there is no reference to it in the Board of Commissioners’ meeting minutes from the past two months, which indicates the decision was made without any public input or notice. The CRC website has also been taken down.

Berks County has previously touted the benefits of the CRC, which opened in 2010, boasting that it served the public interest by “reducing recidivism and assisting residents in re-establishing themselves as productive members of our community.” By closing the CRC, the Berks County Commissioners have removed valuable services and opportunities for incarcerated people who the jail system’s own classification process has identified as the most trustworthy, thus hindering their ability to successfully reenter their communities upon release.

The Berks County Commissioners decided to eviscerate this public benefit to avoid further oversight from a federal court that has already found them in violation of the Constitution for denying women the benefits available to men in the CRC. “Women are the most rapidly expanding population in the U.S. prison system, yet historically, prisons and jails have often provided inadequate and subpar housing facilities, medical care, and other necessities for incarcerated women. This case revolves around the extent to which prisons and jails need to provide equal housing and access to rehabilitative opportunities to incarcerated women,” explained Su Ming Yeh, Deputy Director of the Pennsylvania Institutional Law Project.

“I was very disappointed and shocked to learn about the decision to move the Trusty men out of the CRC building rather than find a way to provide women the same privileges men received while housed in the CRC. I am in agreement with my lawyers that there are a lot of questions that need to be answered and issues to be resolved. I look forward to the trial next week and providing the court with information about the inequalities I experienced in the jail and pray justice prevails,” said Theresa Bohning (née Victory)

For your reference, please see the attached October 17th Court memorandum that found Berks County was violating the Constitution, the Berks County Defendants’ two notices filed earlier Friday regarding the CRC, and the brief response filed by PILP and Dechert Friday evening.  

Trial in Victory v. Berks County, 18 Civ. 5170, starts Tuesday, November 12, 2019, and is expected to last 2-4 days, at the James A. Byrne U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106, Courtroom 6B, before The Honorable Mark A. Kearney.

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Documents:

Press Release

October 17th Court memorandum

November 8th Berks County Defendants’ notice

November 8th Berks County Defendants’ amended notice

November 8th brief response filed by PILP and Dechert

Berks County officials close reentry center prior to federal trial

November 10, 2019 | The Reading Eagle | Karen Shuey

A federal trial is set to begin Tuesday over a lawsuit alleging that women assigned trustee status were treated differently than men who were housed at the facility.

Facing a federal trial set to begin Tuesday over whom should be housed at the Berks County Community Reentry Center, county officials have decided to shut down the facility.

The case centers around a lawsuit filed by former inmates Theresa Victory and Alice Velazquez-Diaz alleging that women assigned trustee status are treated differently than men housed at the CRC who hold the same status. The action aimed to provide female trustee inmates at Berks County Prison the same freedoms and opportunities given to their male counterparts.

Now, neither men nor women will have access to the CRC.

In a notice filed in the Eastern District Court of Pennsylvania on Friday, county officials revealed that the CRC is no longer a housing unit holding inmates. It stated that all inmates — male and female — are incarcerated at the Berks County Prison.

While the filing will have no impact on the lawsuit, it may settle the dispute over what the county should do to ensure that future female inmates are given access to the same services and programs available to men.

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