HARTMANN v. CHUDZIK (2026)

United States Court of Appeals, Third Circuit.

Gregory HARTMANN; John Hays; Dewayne Bailey; Bryant Ishaq; Howard Chapman; Christo Belony; Robert Edwards, on Behalf of Themselves and All Others Similarly Situated, Appellants v. Hon. Brian E. CHUDZIK; Hon. Edwin Tobin; Hon. Miles Bixler; Hon. Andrew Lefever, in Their Official Capacities as Magisterial District Judges; Lancaster County; Warden of the Lancaster County Prison

No. 25-2762

Decided: September 24, 2026

Present: CHAGARES, Chief Judge, HARDIMAN, SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, PHIPPS, FREEMAN, MONTGOMERY-REEVES, CHUNG, BOVE, and RENDELL *, Circuit Judges

Benjamin R. Barnett, Esq., Seeger Weiss, Philadelphia, PA, David Costigan, Rachel Leary, Steven Oberlander, Will W. Sachse, Stuart T. Steinberg, Esqs., Dechert, Philadelphia, PA, Sara J. Rose, Richard T. Ting, Esqs., American Civil Liberties Union, Pittsburgh, PA, Ariel Shapell, Solomon F. Worlds, Esqs., American Civil Liberties Union of Pennsylvania Legal, Philadelphia, PA, for Plaintiffs-Appellants. Michael Daley, Megan L. Mallek, Esqs., Supreme Court of Pennsylvania Administrative Office of Pennsylvania Courts, Philadelphia, PA, for Defendants-Appellees Hon. Brian E. Chudzik, Hon. Edwin Tobin, Hon. Miles Bixler, Hon. Andrew Lefever. David J. MacMain, Stephen G. Rhoads, Esqs., MacMain Leinhauser, West Chester, PA, for Defendant-Appellee County of Lancaster. Michael Daley, Megan L. Mallek, Esqs., Supreme Court of Pennsylvania Administrative Office of Pennsylvania Courts, Philadelphia, PA, David J. MacMain, Stephen G. Rhoads, Esqs., MacMain Leinhauser, West Chester, PA, for Defendant-Appellee Warden Lancaster County Prison. Adeel Bashir, Esq., Office of Federal Public Defender, Phoenix, AZ, Daniella Gordon, Esq., McCarter & English, Philadelphia, PA, for Amicus Appellant National Ass'n of Criminal Defense Lawyers. Kiley M. Verbanac, Esq., Office of Attorney General of Pennsylvania Appellate Litigation Section, Pittsburgh, PA, for Amicus Appellee Commonwealth of Pennsylvania. Matthew P. Cavedon, Esq., Cato Institute, Washington, DC, Patrick Maley, Esq., K&L Gates, Newark, NJ, Nicholas P. Vari, Esq., K&L Gates, Pittsburgh, PA, for Amicus Appellant Cato Institute. James P. Davy, Esq., All Rise Trial & Appellate, Philadelphia, PA, for Amicus Appellant Public Defender Ass'n of Pennsylvania. Gabriel K. Gillett, Esq., Jenner & Block, Chicago, IL, for Amici Appellants Barry Friedman, Kellen Funk, Esq., John Giammatteo, Helen Hershkoff, David Marcus, Judith Resnik, Esq., Joanna Schwartz, Fred O. Smith. Susan M. Lin, David Rudovsky, Esqs., Kairys Rudovsky Messing Feinberg & Lin, Philadelphia, PA, for Amici Appellants Civil Rights Corps, Sandra G. Mayson.

SUR PETITION FOR REHEARING

The petition for panel rehearing filed by Appellants in the above-entitled case having been submitted to the judges who participated in the decision of this Court, it is hereby ORDERED that the petition for rehearing by the panel is GRANTED. The Clerk is directed to file the amended opinion contemporaneously with this order. As the revisions do not affect the disposition of the appeal, the judgment will remain as filed.

The petition for rehearing en banc filed by Appellees in the above-entitled case having been submitted to the judges who participated in the decision of this Court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the judges of the circuit in regular service not having voted for rehearing, the Appellees' petition for rehearing en banc is DENIED.

Patty Shwartz, Circuit Judge

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