Legal News

Federal Court Rules “Kids for Cash” Judge Liable for Damages
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

The U.S. District Court for the Middle District of Pennsylvania granted a partial motion by the plaintiffs for partial summary judgment against former Luzerne County Juvenile Court Judge Mark Ciavarella. Currently Ciavarella is serving a 28-year prison sentence for accepting kickbacks and failing to report “finder’s fees” connected with the development of private juvenile detention facilities.

Ciaverella continues to reject the allegations even after conviction and he maintains that there was no link between the cash he received and his decisions to send children to the private juvenile detention facilities in Pittston Township and Butler County. Criminal proceedings against Ciavarella have already proved that he used to shuttle youths to the centers while hiding away the cash he received in connection with the development of the juvenile detention centers.

  
What
Where


U.S. District Judge A. Richard Caputo granted summary judgment to the thousands of class-action plaintiffs on Thursday, but said a later date would be fixed for determining damages. In his partial summary judgment, Caputo ruled that Ciavarella did deprive the plaintiffs of their constitutional rights, observing that the point has already been established in the criminal proceedings against Ciavarella and the Supreme Court.

The court ruled that even though Ciavarella is immune for judicial actions, his non-judicial acts were not protected by judicial immunity, nor was the conspiracy surrounding the creation of two for-profit juvenile detention centers protected by law.

Caputo also noted that Ciavarella had failed to file a response to the plaintiffs’ motion seeking summary judgment, and it legally meant that none of the material facts alleged by the plaintiffs are in dispute. Caputo’s 23-page summary judgment detailed how Ciavarella had hatched the conspiracy in 1999 and approached fellow Luzerne County Judge Michael T. Conahan to build a team with the financial ability to build a new juvenile detention facility. Attorney Robert Powell, who was present at the meeting, later contacted developer Robert Mericle. And then Ciavarella became the “zero tolerance” judge ensuring that the detention centers received a continuous and steady stream of detainees.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!






 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Mid-level Litigation Associate Attorney

USA-MD-Baltimore

Baltimore office of our client seeks mid-level litigation associate attorney with 3+ years of experi...

Apply Now

Litigation Associate Attorney

USA-SC-Columbia

Columbia office is seeking a commercial litigation attorney with 2-4 years of experience.

Apply Now

Junior Employment Litigation Attorney

USA-CA-San Francisco

San Francisco office is seeking an attorney with 2-3 years of employment litigation, class action or...

Apply Now

Estate Planning Associate Attorney

USA-CO-Longmont

Longmont office of our client seeks associate attorney with estate planning, elder law, probate expe...

Apply Now

RELEVANT JOBS

Paralegal / Legal Assistant

USA-FL-Lakeland

Hardin & Ball, P.A. represents individuals and businesses in matters of real estate, constructi...

Apply now

Healthcare Associate

USA-CA-San Francisco

Kessenick Gamma & Free, LLP, a boutique healthcare firm in San Francisco, is seeking an associate wi...

Apply now

Litigation Attorney

USA-NJ-Cherry Hill

SHIMBERG & FRIEL, P.C., a Cherry Hill defense litigation firm with regional practice, seeks FT assoc...

Apply now

Attorney

USA-WA-Seattle

We are looking for a motivated attorney with the ability to think creatively about real estate and c...

Apply now

SEARCH IN ARCHIVE

To Top