Federal Judge A. Richard Caputo, hearing arguments in the wake of the kids-for-cash scandal, has allowed 45 new plaintiffs to enter the suit.
U.S. District Court Judge A. Richard Caputo of the Middle District of Pennsylvania reversed the order he issued last month, which had dismissed two Section 1983 claims that were similar to the 43 others filed together.
Judge A. Richard Caputo ruled the claims werenâ€™t barred by the statute of limitations because of the Supreme Courtâ€™s holding in American Pipe and Construction Co. v. Utah.
Judge A. Richard Caputo had initially dismissed Andrew Eliaâ€™s complaints as untimely, since they were filed more than two years after the equitable tolling date for the statute of limitations, he said. Following American Pipe, though, the commencement of a class action suspends the statute of limitations for those who would have been members of the class, had the suit been able to continue as a class action, Judge A. Richard Caputo wrote, citing the U.S. Supreme Courtâ€™s 1974 ruling.
Dozens of juveniles, with their parents, filed a class action suit arising out of the alleged conspiracy between former Luzerne County Judge Michael T. Conahan and Judge Mark A. Ciavarella Jr. and the detention facilities that they used their influence to fill with juveniles to earn the conspirators excessive profits, according to court papers. Both Conahan and Ciavarella are serving time in federal prison for their roles in the scandal.
The detention facilities â€” Mid-Atlantic Youth Services, PA Child Care and Western PA Child Care â€” and the judges are among the defendants in the case.
Attribution: The Legal Intelligencer
I would love to think that Judge A. Richard Caputo will do the right thing in this case, but it will be the exception to ‘the rule” if he does.
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