Johnson v. Wetzel et al

Filing 68

ORDER (Memorandum 67 filed previously as separate docket entry) - It is hereby ORDERED that: 1. Johnson's motion for PI 3 is GRANTED.; 2. Subject to development & implementation of program set forth in Para 3... defts PRELIMINARILY ENJOINE D from maintaining Johnson in solitary confinement in RHU. ; 3. Parties DIRECTED forthwith to meet & confer to devlop app step-down program for Johnson's reintegration into general population... (see Para 3 for specific instructions).; 4. By 9/2 8/16 parties to submit jt prop step-down program for ct's review & app or if unable to agree to submit separate props.; 5. Step-down program.. shall@ minimum... (see Paras 5a-c for specific instructions).; 6. In event defts determine that J ohnson's reintegration must be delayed for reasons of his own safety or safety of others.... defts to document in detail reasons for delay & submit documentation to ct forthwith.; 7. Ct finds relief granted hereinabove narrowly drawn, exts no fu rther than necessary to correct harm req'ng relief & is least intrusive means necessary to correct that harm...; 8. Johnson's motion 60 to unseal testimony of Siena Smith GRANTED. Clrk of Ct shall UNSEAL transcript 63 of her testimony & parties' prop findings of fact & conc of law 65 & 66 forthwith. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/20/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ARTHUR JOHNSON,
Plaintiff
v.
JOHN WETZEL, Secretary of
the Pennsylvania Department of
Corrections, et al.,
Defendants

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CIVIL ACTION NO. 1:16-CV-863
(Chief Judge Conner)

ORDER
AND NOW, this 20th day of September, 2016, upon consideration of the
motion (Doc. 3) for preliminary injunction by plaintiff Arthur Johnson (“Johnson”),
the parties’ briefs (Docs. 4, 33, 34) and proposed findings of fact and conclusions of
law (Docs. 65-66) in support of and opposition to said motion, respectively, and the
evidence presented during the preliminary injunction hearings convened on July 6,
2016, and August 11, 2016, and further upon consideration of Johnson’s motion
(Doc. 60) to unseal testimony, and for the reasons set forth in the accompanying
memorandum, it is hereby ORDERED that:
1.

Johnson’s motion (Doc. 3) for preliminary injunction is GRANTED.

2.

Subject to development and implementation of the program set forth
in paragraph 3 below, defendants are PRELIMINARILY ENJOINED
from maintaining Johnson in solitary confinement in the restricted
housing unit.

3.

The parties are DIRECTED to forthwith meet and confer with the goal
of jointly developing an appropriate step-down program for Johnson’s
reintegration into general population, with the goal of achieving said
reintegration within ninety (90) days of the date of his transfer to an
appropriate facility having a step-down program or capabilities in
place.

4.

On or before Wednesday, September 28, 2016, the parties shall submit
a joint proposed step-down program for the court’s review and
approval, or in the event the parties are unable to agree, separate
proposals for the court’s consideration.

5.

The step-down program identified in paragraphs 3 and 4 shall, at
minimum:
a.

Provide Johnson with progressively increasing out-of-cell time
and opportunities for social interaction with other inmates and
with visitors;

b.

Provide for effective monitoring of Johnson’s mental health
progress, with mental health staff assisting in the reintegration
and resocialization process by providing out-of-cell therapy and
treatment to ameliorate the effects of Johnson’s prolonged
isolation; and

c.

Continue to provide the above-described mental health
counseling for as long as necessary upon Johnson’s successful
reintegration to general population.

6.

In the event defendants determine that Johnson’s reintegration must
be delayed for reasons of his own safety or the safety of others, for
example, in the event of serious misconduct, require defendants to
document in detail their reasons for the delay and submit said
documentation to the court forthwith.

7.

The court finds that the relief granted hereinabove is narrowly drawn,
extends no further than necessary to correct the harm requiring relief,
and is the least intrusive means necessary to correct that harm. See 18
U.S.C. § 3626(a)(2).

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8.

Johnson’s motion (Doc. 60) to unseal testimony of Siena Smith is
GRANTED. The Clerk of Court shall UNSEAL the transcript (Doc. 63)
of Siena Smith’s testimony and the parties’ proposed findings of fact
and conclusions of law (Docs. 65-66) forthwith.

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