UNITED STATES V. SAFEHOUSE
Safehouse is a public health approach to overdose prevention in Philadelphia. Safehouse’s proposed services include medically supervised consumption. For more on Safehouse, visit www.safehousephilly.org
In February 2019, the U.S. Attorney for the Eastern District of Pennsylvania filed a civil lawsuit asking a federal court to declare that supervised consumption sites are illegal under 21 U.S.C. §856(a), a section of the Controlled Substances Act colloquially known as the “Crack House” Statute. The lawsuit did not seek money or to seize property or criminally prosecute any party.
Below are the legal documents that have been filed in the Safehouse case.
United States Court of Appeals for the Third Circuit
Appellants’ Reply Brief (11/25/2024)
Brief of Appellees (11/4/2024)
Brief of Appellants and Joint Appendix Volume I (9/4/2024)
- Joint Appendix Volume II
- Amicus Brief of Faith Leaders in Support of Appellants and Reversal (9/11/2024)
United States District Court for the Eastern District of Pennsylvania (Remand)
Government’s Reply Memorandum in Further Support of Motion to Dismiss (9/20/2023)
Safehouse’s Opposition to the Government’s Motion to Dismiss (8/15/2023)
Order Denying Motion for Leave to File Amicus Brief (7/25/2023)
Order Denying Motion to Intervene (7/24/2023)
Government’s Motion to Dismiss (7/21/2023)
Safehouse’s Second Amended Counterclaims (6/27/23)
Intervenor’s Reply Memorandum (5/1/2023)
Safehouse’s Opposition to Motion to Intervene (4/25/2023)
Motion for Leave to File Amicus Brief Opposing Settlement (4/12/2023)
Motion to Intervene (4/11/2023)
Stipulation and Order (3/7/2022)
Safehouse’s Amended Counterclaims for Declaratory and Injunctive Relief (9/17/21)
Supreme Court of the United States
Amici filed in support of Safehouse’s Petition for Certiorari (9/17/21-9/25/21)
Waiver of Response by the Acting Solicitor General (9/7/21)
Petition for a Writ of Certiorari (8/23/21)
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United States Court of Appeals for the Third Circuit
Sur Petition on Rehearing (3/24/21)
Amicus Briefs in Support of Rehearing En Banc (3/5/21)
- 3 amicus (friends of the court) briefs on behalf of the Mayor and Health Commissioner of Philadelphia; 14 cities and counties; and 8 states and the Washington D.C. were filed in support of Safehouse.
Petition for Rehearing En Banc (2/26/21)
Opinion of the Court (1/12/21)
Transcript of 11/16/20 Oral Arguments
Reply Brief of Appellants (8/3/20)
Amici Filed in U.S. 3rd Circuit in Support and Opposition to Safehouse (5/21/20 – 7/6/20)
- 16 amicus (friends of the court) briefs were filed. 206 individuals and organizations, composed of 85 current and former prosecutors and law enforcement officials, 10 states, and 6 cities, filed 12 amicus briefs in support of Safehouse. Four amicus, including 15 Republicans serving in the Pennsylvania legislature and the U.S. Congress filed briefs in opposition.
Brief of Appellees Safehouse and José Benitez (6/29/20)
Brief of Appellant U.S.A. (5/15/20)
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United States District Court for the Eastern District of Pennsylvania
Safehouse’s Amended Counterclaims (9/17/21)
Opinion Granting U.S. Emergency Motion for Stay (6/24/20)
U.S. Appeal from Order Granting Final Declaratory Judgment (5/15/20)
U.S. Reply in Support of Motion for Stay (3/27/20)
Safehouse Memorandum of Law Opposing Motion for Stay (3/10/20)
Amici in Support and Opposition to U.S. Emergency Motion for Stay (2/12/20 – 3/22/20)
- 2 amicus (friends of the court) briefs were filed. 6 individuals who are friends and families of victims of opioid addiction, along with Philadelphia’s Mayor and Health Commissioner, filed a brief in support of Safehouse. Civic Associations and the Fraternal Order of Police filed a brief in opposition.
U.S. Emergency Motion for Stay (2/27/20)
U.S. Notice of Appeal Filed in the 3rd Circuit (2/27/20)
Memorandum and Order for Final Declaratory Judgement (2/25/2020)
Response to US Motion for Summary Judgement (1/31/20)
Motion for Final Declaratory Judgement (1/6/20)
Order and Memorandum Denying Government’s Motion for Judgement on the Pleadings (10/2/19)
Oral Argument, Transcript (9/5/19)
Evidentiary Hearing, Audio (8/19/19)
Order Scheduling Oral Argument (7/16/19)
Order Scheduling Evidentiary Hearing (7/12/19)
Amicus Briefs in support, in opposition, and in support of neither party (7/10/19)
- 13 amicus (friends of the court) briefs were filed. 132 individuals and organizations, composed of 64 current and former prosecutors and law enforcement officials, 8 states, and 6 cities, filed 11 amicus briefs in support of Safehouse. 7 amici filed a brief in opposition and 4 law professors filed a brief in support of neither party.
Plaintiff’s Motion for Judgment on the Pleadings (6/11/19)
Answer and Affirmative Defenses of Plaintiff/Counterclaim (6/10/19)