Jamal et al v. Kane et al

Filing 55

ORDER (Memorandum 54 filed previously as separate docket entry) - It is ORDERED that plfts' motions 18 are CONSTRUED as MSJs & permanent injunctive relief & are GRANTED as so construed.. FURTHER ORDERED & DECLARED that Commonwealth's Re victimization Act... is unconstitutional in violation of 1st & 5th Amends to US Constitution & enforcement thereof hereby & permanently ENJOINED. Clrk of Ct shall enter declaratory jdgmt in favor of pltfs & against deft & thereafter close case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 4/28/15. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MUMIA ABU JAMAL, et al.,

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CIVIL ACTION NO. 1:14-CV-2148
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Plaintiffs
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(Chief Judge Conner)
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v.
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KATHLEEN KANE, Attorney
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General of Pennsylvania, et al.,
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Defendants
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______________________________________________________________________________
PRISON LEGAL NEWS, et al.,
Plaintiffs
v.
KATHLEEN KANE, Attorney
General of Pennsylvania, et al.,
Defendants

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CIVIL ACTION NO. 1:15-CV-45
(Chief Judge Conner)

ORDER
AND NOW, this 28th day of April, 2015, upon consideration of plaintiffs’
motions seeking preliminary injunctive relief in the above-captioned actions, and
for the reasons set forth in the accompanying memorandum, it is ORDERED that
plaintiffs’ motions (Abu-Jamal Doc. 18; PLN Doc. 2) are CONSTRUED as motions
for summary judgment and permanent injunctive relief and are GRANTED as so
construed. It is further ORDERED and DECLARED that the Commonwealth’s
Revictimization Relief Act, 18 PA. CONS. STAT. § 11.1304, is unconstitutional in

violation of the First and Fifth Amendments to the United States Constitution, and
the enforcement thereof is hereby and permanently ENJOINED. The Clerk of
Court shall enter declaratory judgment in favor of plaintiffs and against defendant
and thereafter close this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania