Heffner et al v. Murphy et al
Filing
202
ORDER: In accordance with the Memorandum issued on today's date, it is hereby ordered that: As to counts I, II, II, IV, V, VI, VII, VII, IX, XII, XIII of the Amended Complaint, Judgment is entered in favor of Plaintiffs and against defendants. As to Cout XI, judgment is entered in favor of the Defendants and against Plaintiffs. Signed by Honorable John E. Jones, III on 8/22/12. (pw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ERNEST F. HEFFNER, et. al,
:
:
:
:
:
:
:
:
:
ORDER
Plaintiffs
v.
DONALD J. MURPHY, et. al,
Defendants.
No. 08-cv-990
Hon. John E. Jones III
August 22, 2012
In accordance with the Memorandum issued on today’s date, it is hereby
ORDERED that:
1.
As to Count I of the Amended Complaint, judgment is entered in
favor of Plaintiffs and against Defendants to the extent that:
a.
63 P.S. § 479.16(b) is declared unconstitutional on its face to
the extent it permits the warrantless inspection of funeral
establishments;
b.
63 P.S. § 479.16(b) is declared unconstitutional as applied to
Plaintiffs to the extent it permits the warrantless inspection of
funeral establishments;
c.
Defendants are ENJOINED, in their official capacities, from
enforcing 63 P.S. §479.16(b), and regulations and policies
based thereon, to the extent it permits warrantless inspection of
funeral establishments.
2.
As to Count II of the Amended Complaint, judgment is entered in
favor of Plaintiffs and against Defendants to the extent that:
a.
The FDL, 63 P.S. § 479.1, et seq, is declared unconstitutional
on its face to the extent it limits the number of funeral
establishments in which a funeral director may possess an
ownership interest;
b.
The FDL, 63 P.S. § 479.1, et seq, is declared unconstitutional
as applied to Plaintiffs to the extent it limits the number of
funeral establishments in which a funeral director may possess
an ownership interest; and
c.
Defendants are ENJOINED, in their official capacities, from
enforcing the FDL, 63 P.S. § 479.1, et seq, and regulations and
policies based thereon, insofar as they limit the number of
funeral establishments in which a funeral director may possess
an ownership interest.
2
3.
As to Count III and Count IV of the Amended Complaint, judgment is
entered in favor of Plaintiffs and against Defendants to the extent
that:
a.
The FDL, 63 P.S. § 479.1, et seq, is declared unconstitutional
on its face insofar as it prohibits individuals and entities who
are not a licensed funeral director from owning or otherwise
possessing an interest in a funeral establishment;
b.
The FDL, 63 P.S. § 479.1, et seq, is declared unconstitutional
as applied to Plaintiffs to the extent it prohibits individuals and
entities who are not a licensed funeral director from owning or
otherwise possessing an interest in a funeral establishment; and
c.
Defendants are ENJOINED, in their official capacities, from
enforcing the FDL, 63 P.S. § 479.1, et seq, and regulations and
policies based thereon, to the extent they prohibit individuals
and entities who are not a licensed funeral director from
owning or otherwise possessing an interest in a funeral
establishment.
4.
As to Count V of the Amended Complaint, judgment is entered in
favor of Plaintiffs and against Defendants to the extent that:
3
a.
The FDL, 63 P.S. § 479.1, et seq, is declared unconstitutional
on its face to the extent it restricts the number of funeral
establishments at which a funeral director may engage in the
profession of funeral directing;
b.
The FDL, 63 P.S. § 479.1, et seq, is declared unconstitutional
as applied to Plaintiffs to the extent it restricts the number of
funeral establishments at which a funeral director may engage
in the profession of funeral directing;
c.
Defendants are ENJOINED, in their official capacities, from
enforcing the FDL, 63 P.S. § 479.1, et seq, and regulations and
policies originating therefrom, to the extent they restrict the
number of funeral establishments at which a funeral director
may engage in the profession of funeral directing.
5.
As to Count VI of the Amended Complaint, judgment is entered in
favor of Plaintiffs and against Defendants to the extent that:
a.
The FDL, 63 P.S. § 479.1, et seq, is declared unconstitutional
on its face insofar as it restricts the number of funeral
establishments at which a funeral director may serve as a
supervisor;
4
b.
The FDL, 63 P.S. § 479.1, et seq, is declared unconstitutional
as applied to Plaintiffs to the extent it restricts the number of
funeral establishments at which a funeral director may serve as
a supervisor; and
c.
Defendants are ENJOINED, in their official capacities, from
enforcing the FDL, 63 P.S. § 479.1, et seq, and regulations and
policies based thereon, to the extent they restrict the number of
funeral establishments at which a funeral director may serve as
a supervisor.
6.
As to Count VII of the Amended Complaint, judgment is entered in
favor of Plaintiffs and against Defendants to the extent that:
a.
63 P.S. § 479.7 is declared unconstitutional on its face to the
extent it requires every funeral establishment to include a
preparation room;
b.
63 P.S. § 479.7 is declared unconstitutional as applied to
Plaintiffs to the extent it requires every funeral establishment to
include a preparation room; and
c.
Defendants are ENJOINED, in their official capacities, from
enforcing 63 P.S. § 479.7, and regulations and policies
5
originating therefrom, to the extent they require every funeral
establishment to include a preparation room.
7.
As to Count VIII of the Amended Complaint, judgment is entered in
favor of Plaintiffs and against Defendants to the extent that:
a.
63 P.S. § 479.7 is declared unconstitutional on its face to the
extent it prohibits service of food in a funeral establishment;
b.
63 P.S. § 479.7 is declared unconstitutional as applied to
Plaintiffs to the extent it prohibits service of food in a funeral
establishment; and
c.
Defendants are ENJOINED, in their official capacities, from
enforcing 63 P.S. § 479.7, and regulations and policies based
upon the same, to the extent they prohibit service of food in a
funeral establishment.
8.
As to Count IX of the Amended Complaint, judgment is entered in
favor of Plaintiffs and against Defendants to the extent that:
a.
The FDL, 63 P.S. § 479.1, et seq, is declared unconstitutional
on its face to the extent it prohibits a funeral director or funeral
establishment from using any lawful and non-misleading name;
6
b.
The FDL, 63 P.S. § 479.1, et seq, is declared unconstitutional
as applied to Plaintiffs to the extent it prohibits a funeral
director or funeral establishment from using any lawful and
non-misleading name; and
c.
Defendants are ENJOINED, in their official capacities, from
enforcing the FDL, 63 P.S. § 479.1, et seq, and regulations and
policies based thereon, to the extent they prohibit a funeral
director or funeral establishment from using any lawful and
non-misleading name.
9.
As to Count XI of the Amended Complaint, judgment is entered in
favor of Defendants and against Plaintiffs.
10.
As to Count XII of the Amended Complaint, judgment is entered in
favor of Plaintiffs and against Defendants to the extent that:
a.
The FDL, 63 P.S. § 479.1, et seq, is declared unconstitutional
on its face insofar as it prohibits a funeral director or funeral
establishment from possessing an ownership interest in an
entity which operates and trusts pursuant to 63 P.S. § 480.1, et
seq;
7
b.
The FDL, 63 P.S. § 479.1, et seq, is declared unconstitutional
as applied to Plaintiffs to the extent it prohibits a funeral
director or funeral establishment from possessing an ownership
interest in an entity which operates and trusts pursuant to 63
P.S. § 480.1, et seq; and
c.
Defendants are ENJOINED, in their official capacities, from
enforcing the FDL, 63 P.S. § 479.1, et seq, and regulations and
policies originating therefrom, to the extent they prohibit a
funeral director or funeral establishment from possessing an
ownership interest in an entity which operates and trusts
pursuant to 63 P.S. § 480.1, et seq.
d.
Judgment is also entered in favor of Plaintiffs Bart H.
Cavanagh and against Defendants in their individual capacities
as to liability only.
11.
As to Count XIII of the Amended Complaint, judgment is entered in
favor of Plaintiffs and against Defendants to the extent that:
a.
The FDL, 63 P.S. § 479.1, et seq, is declared unconstitutional
on its face insofar as it prohibits a funeral director or funeral
establishment from paying a commission or other gratuity to an
8
employee or agent for soliciting or securing business or for
business secured;
b.
The FDL, 63 P.S. § 479.1, et seq, is declared unconstitutional
as applied to Plaintiffs to the extent it prohibits a funeral
director or funeral establishment from paying a commission or
other gratuity to an employee or agent for soliciting or securing
business or for business secured; and
c.
Defendants are ENJOINED, in their official capacities, from
enforcing the FDL, 63 P.S. § 479.1, et seq, and regulations and
policies based thereon, to the extent they prohibit a funeral
director or funeral establishment from paying a commission or
other gratuity to an employee or agent for soliciting or securing
business or for business secured.
12.
The Clerk of Court is instructed to CLOSE the file on this case.
13.
The Clerk of Court is further instructed to MAIL copies of this
memorandum and order to the following individuals:
a.
James D. Schultz, General Counsel of the Commonwealth of
Pennsylvania. Governor’s Office of General Counsel, 333
Market Street, 17th Floor, Harrisburg, Pa. 17101.
9
b.
Honorable Dominic Pileggi, Senate Majority Leader, 350 Main
Capitol Building, Harrisburg, Pa 17120.
c.
Honorable Samuel Smith, Speaker of the House, 139 Main
Capitol Building, PO BOX 202066, Harrisburg, Pa 17120.
s/ John E. Jones III
John E. Jones III
United States District Judge
10
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?