Evans v. Columbia Cnty., No. 24-1227 (3d Cir.)

Tyler Evans died at Columbia County Prison after officers and others held him in a “restraint chair” for nearly 24 hours—and did not remove him until he was already dead. All Rise Trial & Appellate is defending the denial of qualified immunity on appeal, in support of justice for Mr. Evans’s loved ones.

Sanchez v. Klemm, No. 22-3171 (3d Cir.)

Oracio Sanchez sued the Pennsylvania DOC when it refused to allow Hebrew Israelites to hold their own Passover ceremony, as required by their religion. The DOC settled his suit, promising that it would allow them to do so in the future. When the DOC reneged, Mr. Sanchez sought to reopen the underlying suit. All Rise and the MacArthur Justice Center represent Mr. Sanchez in arguing that the PLRA recognizes reinstatement as a proper response to an abrogated private settlement.

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City of Grants Pass v. Johnson, No. 23-175

(Information about an amicus brief in this pending merits appeal is forthcoming.)

Rush v. Nicoletti, No. 21-1298 (3d Cir.)

Officer Richard Nicoletti shot Jeffery Dennis three times through the driver’s side window of his stopped car, killing him. Mr. Dennis was unarmed. The District Court denied Officer Nicoletti qualified immunity based upon twenty years worth of law clearly establishing that his conduct violated the Constitution. All Rise Trial & Appellate is defending the denial of qualified immunity on appeal, in support of justice for Mr. Dennis’s loved ones.

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Update: The Third Circuit has affirmed the denial of qualified immunity, and the case is remanded for trial.

Ross v. Bush, No. 19-3947 (3d Cir.)

In 2004, Tola Ross pleaded guilty under duress, and immediately sought to withdraw his plea. When his motion to withdraw the plea was denied, his attorney not only did not file his direct appeal, he did not even consult with him about an appeal. For nearly two decades, Ross has sought to vindicate his direct appeal rights. All Rise Trial & Appellate was appointed by the Third Circuit to represent Mr. Ross’s interests.

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Update: Mr. Ross is getting a writ of habeas corpus.

Johnson v. Peterson, No. 20-3101 (6th Cir.)

Luther Johnson has had Hepatitis C since the year 2000, but has never been treated for it by the Ohio Department of Rehabilitation & Corrections. Although doctors treat anyone with Hepatitis C outside of prisons with antivirals that entirely cure the disease, the ODRC delays treatment until prisoners have experienced irreversible liver scarring and other damage. This suit seeks humane treatment for Mr. Johnson, and precedent about the state of Ohio’s responsibilities to prisoners in its care. 

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Update: Mr. Johnson’s case is reinstated.

Miles v. Anton, No. 21-2796 (7th Cir.)

Phillip Miles was fired from his in-facility job by his supervisor because of his Islamic faith—as even another correctional officer attested. The District Court dismissed his complaint for purported lack of grievance, even thought his facility specifically excluded job placements from the grievance process. Courts should not dismiss such claims, where the grievance process is not available.

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Update: Mr. Miles’ case is reinstated.

Vaughn v. Imohoff, No. 20-2254 (3d Cir.)

All Rise Trial & Appellate filed an amicus brief on behalf of Rights Behind Bars and the Amistad Law Project, urging rehearing in this and a companion case, explaining to the Court why district courts resolving clear factual disputes about exhaustion must hold hearings to gather evidence and assess credibility, especially in light of the lack of access incarcerated plaintiffs have to normal discovery tools.

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John Jr. Taylor v. Superintendent Dallas SCI, No. 23-2511 (3d Cir.)

All Rise Trial & Appellate filed an amicus brief on behalf of the Pennsylvania Innocence Project and the Innocence Network, urging the Court to reverse a denial of habeas corpus in a case where the defense attorney had a longstanding and concurrent professional and attorney-client relationship with the star prosecution witness in Mr. Taylor’s case—because such actual conflicts nearly always result in ineffective assistance of counsel and lead to wrongful convictions.

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Commonwealth v. Lee, 180 WAL 2023 (Pa.)

All Rise Trial & Appellate filed an amicus brief on behalf of the two most recent former Secretaries of the Pennsylvania Department of Corrections, explaining why Pennsylvania’s felony murder rule results in mandatory long-term incarceration of people who could safely be released from prison—which would save money and allow for more efficient use of resources within the correctional system, without undermining public safety.

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Update: the Supreme Court of Pennsylvania has agreed to hear this case.

Reed v. Goertz, No. 21-442 (U.S.)

All Rise Trial & Appellate filed an amicus brief on behalf of the National Police Accountability Project, explaining the importance of § 1983 actions to compel testing of DNA evidence—which limit wrongful convictions, promote accountability, and have no good alternative protections in light of lack of incentives for law enforcement to reinvestigate their own cases.

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Herrera v. Cleveland, No. 21-771 (U.S.)

All Rise Trial & Appellate filed an amicus brief on behalf of Shon Hopwood, T. Haller Jackson, Daniel Manville, Brandon Sample, Paul Wright, and Christopher Zoukis—all former jailhouse lawyers—arguing that pro se prisoner plaintiffs who cannot access normal disclosures and discovery can substitute Doe-captioned defendants without running afoul of the statute of limitations. The amicus brief supports a petition for certiorari by ICAP and is co-counseled with Rights Behind Bars.

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Pinson v. United States, No. 1:17-cv-584 (M.D. Pa.)

Under the Trump Administration, the federal Bureau of Prisons denied gender-affirming care to a transwoman experiencing extreme dysphoria and engaging in self-harm, for non-medical reasons involving politics and ideology. All Rise Trial & Appellate represents her in seeking both injunctive relief and damages.