LAW OFFICE OF TERI B. HIMEBAUGH, J.D., L.l.M

Dedicated for over thirty- three years to representing the wrongly convicted and other individuals whose constitutional rights have been violated.

WRONGLY CONVICTED?

PRACTICE

AREAS

PRISONER CIVIL RIGHTS
   - Deliberate indifference to  
     the serious medical &
     mental health needs 
     of the Inmate
   - Use of excessive force on
     the inmate by correctional
     staff
   - Failure to protect the
     inmate from a known
     threat
   - Retaliation by correctional
     authorities
  -  Denial of the inmate's
     religious rights
CRIMINAL APPEALS
   - Post Conviction Relief Act
     (PCRA) Petitions &
     Hearings
   - Pennsylvania Superior &
     Supreme Court briefs
   - Federal Habeas Corpus
     Petitions
   - Applications for Certificate 
      of Appealability, Briefs and
      Oral Argument
POLICE MISCONDUCT
    - Excessive Force
    - False Arrest &
       Imprisonment
    -  Malicious
       Prosecution/Abuse of
       Process

 

 
 

LICENSURE & ADMISSIONS

Member of the Bar, Supreme Court of Pa. (7/88 to present)

 

Admitted to Practice before:

 

U.S District Court (1/91 to present)

U.S. Court of Appeals for the Third Circuit (4/91 to present)

Pennsylvania Courts (Common Pleas, Superior and Supreme Court)

Merit Systems Protection Board

Unemployment Compensation Board of Review

Pennsylvania and Philadelphia Human Relations Commissions

Equal Employment Opportunity Commission

Inter-American Commission on Human Rights (OAS)

Sole Practitioner/Independent Contractor (1990 to 1992; 1995 to present)

 

Development, litigation, mediation and appeal of civil cases

involving discrimination, denial of due process, police

misconduct, employment, prisoner's rights, sexual harassment,

defamation, contract, personal injury and domestic relations.

Criminal appellate defense on serious and high profile felony

cases. Investigate old cases for new evidence. Draft and argue all

levels of state and federal appeals.
 

Consultation to businesses/conduct training seminars on

employee/employer rights, FMLA, sexual harassment, employee

handbooks, unemployment benefits, discrimination.

 

Adjunct Faculty; Department of Criminal Justice, Montgomery County Community College, Spring 2008 to Spring 2014.

 

Develop syllabus, lesson plans, test and teach college Criminal Justice classes on Criminal Law, Evidence, Criminology, Criminal Procedure and the Juvenile Justice System.

 

Adjunct Faculty; Institute for the Prevention of In Custody Deaths (2005 to 2014)

 

Development of training materials on the subject of Prevention of In-Custody Deaths in collaboration with John Peters. Nationwide instruction given to correctional and police officers on suicide/In-custody death prevention.

 

Pomerantz, Lewis & Associates (1992 to 1995)

 

Associate concentrating on litigation of civil rights cases.

 

Legal Support Network Coordinator, Mid-Atlantic Region

Amnesty International (1988 to 1992)

 

Served on the National Legal Support Network Steering

Committee. Developed and implemented national educational

campaigns. Drafted proposals, funding requests and budgets.

Collaborated on amicus briefs to the U.S. Supreme Court and INS in

death penalty and asylum cases. Supervised attorneys' and interns'

work.

 

Special Assistant to the Associate Director

Washington, D.C. Department of Human Rights

(1989 to 1990)

 

Investigated and litigated employment, housing and public

accommodation discrimination and sexual harassment cases before

the Commission on Human Relations. Collaborated on drafting of

legislation on affirmative action, domestic partnership and drug

testing in the workplace. Drafted Mayor's Memoranda, Monthly

Reports to Federal and District Agencies, Training Materials,

Determinations, Rulings on Appeal, Data Requests, Motions and

Orders. Conducted hearings, depositions, conciliations, mediations

and press conferences. Served as Acting Supervisor of other

divisions and internship program. Investigated and process

disciplinary and employee performance issues within the

Department.

PROFESSIONAL APPOINTMENTS

Chair of the Phil. Bar Association, Legal Referral

Information Service, 1992-1993

 

Co-Chair International Human Rights Section of the Phil. Bar

Association, 1992 -1994

 

President /Trustee, Philadelphia Bar Association Human Rights

Fund, 1993 -1994

 

Board of the American Civil Liberties Union, Philadelphia Chapter, 1993 to 2004 Philadelphia Chapter, 1993-2004

 

Board of the Perkiomen Township Library, Schwenksville Chapter, 2003 to 2004

 

Member of the U.S. District Court Prisoner Civil Rights Panel, 1995 to present

 

Member of the Third Circuit Task Force on Provision of

Legal Services to the Indigent, 1998

 

Vice President of the U.S. District Court Prisoner Civil 

Litigation Fund, 2008 to present

 

Honored Member Strathmore’s “Who’s Who” 2000, 2008, 2009.

 

2000 Notable American Women, American Biographical Institute,

2003

 

Great Women of the 21st Century, American Biographical Institute,

May 28, 2005

 

American Registry of Outstanding Professionals, 2006.

 

Vice President, Board of Governors, U.S. District Court Civil

Rights Fund, 2004 to present.

 

Adjunct Faculty, Institute for the Prevention of In Custody

Deaths, 2005 to 2009

 

Adjunct Faculty, Department of Criminal Justice, Montgomery

County Community College, Spring 2008

 

Biltmore Who’s Who Among Executives and Professional Women,

2008 Honor’s Edition.

 

Presidential Who’s Who Among Business and Professional Achievers,

2008-2009 Edition.

 

Cambridge Who’s Who Registry of Executive and Professional Women,

2009.

 

Consultant to the Policy Committee, Pennsylvania Innocence

Project, 2011.

PROFESSIONAL EXPERIENCE

SPEAKING PRESENTATIONS

Carter Conference on Human Rights, 1989; "U.S. Foreign Policy and

Ratification of Human Rights Treaties"

 

D.C. Commissioner's Orientation, 1990; "The D.C Human Rights Act"

 

Amnesty International Regional Conference, 1989;"Ratification

of Human Rights Instruments"

 

George Mason Law School, 1989; "Human Rights Perspectives"

 

National Law Center, 1989; "Comparative Death Penalty Law"

 

Educator's Conference on Genocide, 1990; "The Convention on the

Elimination of Torture"

 

Amnesty International Regional Conference, 1990; "Refugee and

Asylum Concerns in the United States"

 

Amnesty International Regional Conference, 1990; “International

Death Penalty Law"

 

Georgetown University Law School, 1990; "Careers in Human Rights

Law

 

Amnesty International Philadelphia Conference, 1991;"International

Human Rights Abuses Against Women and the Convention on the

Elimination of Discrimination Against Women

 

Amnesty International Regional Conference, 1991; "Alternative

forms of Participation within Amnesty International

 

Philadelphia Town Meeting, 1991; "Cultural, Political and

Economic factors which influence a Countries' Human Rights

 

Philadelphia Bar Association, 1991; "The Convention on the

Elimination of Discrimination Against Women"

 

Board of Governors, Philadelphia Bar Association, 1991; "The Need

for a Bar Resolution on the Womens' Convention"

 

Amnesty International Regional Conference, 1991; "Women in Human

Rights"

 

Amnesty International Regional Conference, 1991; "Student

Participation in the Womens' Campaign"

 

Human Rights Education Conference, Slippery Rock University, 1991;

"U.S. Ratification of Human Rights Treaties"

 

ActionAIDS Service Staff Briefing, 1991; "Legal Issues for clients

with AIDS"

 

Villanova University, 1991; "Womens' Convention"

 

Amnesty International New Jersey Regional Conference, 1991;

"Women in Human Rights and the Womens' Convention"

 

Villa Victoria High School, 1992; "Women in Human Rights and

the Women's Convention"

 

Johns Hopkins Law School, 1992:" The Convention on the Elimination

of Discrimination against Women"

 

Univ. of Pennsylvania Federalist Society, 1992: "Debate on the

Treaty on the Rights of the Child"

 

MOVE rally, August 1992 "Ramona Africa and the Case before the

Inter-American Commission on Human Rights"

 

Environmental Protection Agency, 1993 "Modern Day Genocide"

 

Disciplinary Board, Supreme Court of Pennsylvania, 1993 Ethical

Issues for the Practitioner in Civil Rights Litigation"

 

Staff Briefing for Marks, Feiner, Fridkin, Bross on civil rights

law, 1993

 

U.S. District Court/Pennsylvania Bar Institute, Prisoner Civil

Rights Continuing Legal Education Course, October, 1994

 

Graterford Para-Professional Law Clinic in Service Training

Sessions "Federal Civil Procedure and Section 1983 claims" and

"Substantive Prisoner Civil Rights Claims", March, 1995

 

Quadrangle, "ACLU Immigration & Refugee Concerns", Jan., 1996

 

St. Joseph's Academy, "International Women's and Children's

Rights", February, 1996

 

Graterford Para-Professional Law Clinic In Service training

"Evidence and Objections", September, 1996

 

Moravian College, "Modern Day Genocide", September, 1996

 

Graterford Para-Professional Law Clinic in Service Training

Sessions "New Prison Litigation Reform Act”, October, 1996

 

U.S. District Court/Pennsylvania Bar Institute, Prisoner Civil

Rights Continuing Legal Education Course, "Prison Litigation

Reform Act" October, 1996

 

Unitarian Fellowship of West Chester, "Complexities of

Censorship", April, 1997

 

Philadelphia Museum of American Art Panel Discussion on "The

Klan Room", June, 1997

 

Discussion Group on “Race and Justice” on behalf of the ACLU,

March, 1998

 

Perkiomen Valley Middle School, "Ethnic Cleansing and the Crisis

in Kosovo: a historical perspective" April, 1999

 

Penn Valley High School “Human rights concerns in Prisons”,

December, 1999

 

Barnes and Noble, Philadelphia, “Civil Rights in the New

Millenium”, January, 2000

 

Pennsylvania House of Representatives, Committee on the Judiciary,

“The Department of Corrections’ New Grievance Policy”, May 2000.

 

U.S. District Court/Pennsylvania Bar Institute, Prisoner Civil

Rights Continuing Legal Education Course, "Motions in Limine"

October, 2000

 

Covenant House, “Employment Law in Pennsylvania”, January, 2001

 

Perkiomen Valley High School, “Terrorism: The balance between

national security and individual freedoms” October, 2001

 

U.S. District Court/Pennsylvania Br Institute, Prisoner Civil

Rights Continuing Legal Education Course, “Settlement options in

Prisoner Litigation” October, 2001.

 

U.S. District Court/Pennsylvania Bar Institute, Prisoner Civil

Rights Continuing Legal Education Course, “How to effectively

handle cases involving inmates who have mental health and other

handicaps” October, 2002.

 

Perkiomen Valley Civic Association, “Introduction to the Perkiomen

Valley Library”, March 2003.

 

Perkiomen Valley High School, “The Patriot Act”, March 2003.

 

U.S. District Court/Pennsylvania Bar Institute, Prisoner Civil

Rights Continuing Legal Education Course, “Prisoner Suicides”,

October, 2003

 

Pennsylvania House of Representatives, Geriatric Lifer’s

Subcommittee, “Proposed Revisions to the Post Conviction Relief

Act” drafted by Teri B. Himebaugh, September, 2004.

 

U.S. District Court/Pennsylvania Bar Institute, Prisoner Civil

Rights Continuing Legal Education Course, “Exhaustion of Remedies

under the PLRA”, November, 2004.

 

Perkiomen Valley High School, “The Patriot Act”, January 2005.

 

Institute for the Prevention of In-Custody Deaths, Training Seminar, West Chester, Pennsylvania, August 1, 2005.

 

Institute for the Prevention of In-Custody Deaths, Training Seminar, Las Vegas, Nevada, August 15, 2005.

 

SCI Graterford, “How to Effectively Communicate with Attorneys and Courts”, September 27, 2005.

 

U.S. District Court/Pennsylvania Bar Institute, Prisoner Civil

Rights Continuing Legal Education Course, “How to Ethically and

Confidentially Communicate with Prisoners”, November, 2005.

 

Institute for the Prevention of In-Custody Deaths, Training materials and videotape “Identification and Prevention of In-Custody Suicides”, 2005.

 

Institute for the Prevention of In-Custody Deaths, Annual International Conference, “Inmate Suicide Identification and Prevention for Correctional and Police Officers”, Las Vegas, Nevada, November 2006.

 

U.S. District Court/Pennsylvania Bar Institute, Prisoner Civil

Rights Continuing Legal Education Course, “Litigating Jail

Suicide Cases”, February, 2007

 

Cedar Crest College, “The Provisions of Title VII”, March, 2007.

Delaware County Fourth Annual Regional Symposium on Suicide

Prevention, “Prevention of In-Custody Suicides”, November 15,

2007.

 

Institute for the Prevention of In-Custody Deaths, Second Annual International Conference, “Inmate Suicide Identification and Prevention for Correctional and Police Officers”, Las Vegas, Nevada, November 2007.

 

U.S. District Court/Pennsylvania Bar Institute, Prisoner Civil

Rights Continuing Legal Education Course, “Practice Tips for Prisoner Civil Rights Attorneys”, 2008.

 

U.S. District Court/Pennsylvania Bar Institute, Prisoner Civil

Rights Continuing Legal Education Course, “Practice Tips for Prisoner Civil Rights Attorneys”, 2009.

 

U.S. District Court/Pennsylvania Bar Institute, Prisoner Civil

Rights Continuing Legal Education Course, “Practice Tips for Plaintiffs Litigating Claims against Private Companies”, 2010.

 

U.S. District Court/Pennsylvania Bar Institute, Prisoner Civil

Rights Continuing Legal Education Course, “Practice Tips for Court Appointed Attorneys Litigating Prisoner Civil Rights Claims”, 2011

 

“Prevention of Jail Suicide” and “Suicide by Cop”, Institute for the Prevention of In Custody Death November, 2011 Conference, Las Vegas Nevada.

 

U.S. District Court/Pennsylvania Bar Institute, Prisoner Civil

Rights Continuing Legal Education Course, “Housing Vulnerable Inmates and the Impact on the Prison Facilities’ Constitutional Duty to Protect”, 2012.

 

Society for Professional Development, “Ethical and Legal utilization of Private Investigators in Criminal Appellate Work”, November, 2012.

 

Women in the Criminal Justice Profession, Montgomery County Community College, November 13 and 14, 2012.

 

U.S. District Court/Pennsylvania Bar Institute, Prisoner Civil

Rights Continuing Legal Education Course, “Advanced Practical Tips for Handling Prisoner Civil Rights Cases”, February 2013.

 

U.S. District Court/Pennsylvania Bar Institute, Prisoner Civil

Rights Continuing Legal Education Course, “The initial Client Interview”, February 2014

U.S. District Court/Pennsylvania Bar Institute, Prisoner Civil

Rights Continuing Legal Education Course, “Practical Direct and Cross Examination Tips, February 2015.

U.S. District Court/Pennsylvania Bar Institute, Prisoner Civil

Rights Continuing Legal Education Course, “How to best present

your case for settlement and how to try to eliminate bias through

voir dire and opening statements”, February 2016.

 

U.S. District Court/Pennsylvania Bar Institute, Prisoner Civil

Rights Continuing Legal Education Course, “Pleading Special Issues

in Prisoner Civil Rights complaints, March 2017.

 

U.S. District Court/Pennsylvania Bar Institute, Prisoner Civil

Rights Continuing Legal Education Course, “The Fundamentals of

Deliberate Indifference to Medical Care Claims”, February 2018.

U.S. District Court/Pennsylvania Bar Institute, Prisoner Civil Rights Continuing Legal Education Course, “Communicating and Maintaining Privilege with an incarcerated client in a world of electronic communications and security concerns”, February 2019.

LEGISLATION

Drafted Proposed Revisions to the Pennsylvania Post Conviction Relief Act, presented to the Pennsylvania House of Representatives, Geriatric Lifer’s Subcommittee, September, 2004.

 

Co-wrote with Ernest Preate, Esq. the language of what ultimately became Section 1 of Title 18 of the Pennsylvania Consolidated Statutes (“Act 204”)§ 1102, which was signed into law by Pennsylvania Governor Tom Corbett in 2012. This established new sentencing requirements for juveniles convicted of first and second degree murder. This language was also adopted by the state of Wyoming.

 

Drafted proposed legislation at the request of Rep. Scott Petri and Rep. Taylor pertaining to revisions to the Pennsylvania Child Protective Services statutes, October 2006. (“Portia's Law”)

 

Drafted comments to HB 1709 for Rep. Scott Petri pertaining to creation of DHS Ombudsman position, November 2007.

 

Drafted comments regarding Pennsylvania Rules of Professional Conduct, 3.8 to the Pennsylvania Supreme Court, Summer 2010

MEDIA

Asylum "Asylum Concerns and Agenda in Washington D.C., vol. 1,

No.3, Winter, 1989

 

Washington College of Law Bulletin "The 1977 D.C. Human Rights

Act", Fall, 1989

 

Channel 10 News "HUD Housing Eviction, Spring, 1991

 

Channel 10 News "On Magistrates Recc. for R. Africa suit"

 

Profiles "On the release of Ramona Africa", May, 1992

 

Profiles "Hate Crime Legislation", July, 1992

 

Philadelphia Inquirer, "Police Misconduct and Unlawful

Searches in Philadelphia", July 12, 1992

 

Legal Intelligencer, April 21, 1993, "Bar Sponsored Program for

South African Attorneys"

 

Channel 6 "Visions" "Bar Sponsored Program for South African

Attorneys, April 1993

 

The Philadelphia Inquirer Mark Fazlollah, Use of Pepper Spray

by Police and possible legal repercussions, January, 1997

 

The Pittsburgh Gazette, Hair Drug Testing Research in State

Prisons, June, 1998

 

The Pottstown Mercury, Thomas DeBlase, April, 2000

 

Press Conference re: Boy Scouts of America, (on behalf of the

ACLU) Aug., 2000.

 

The Philadelphia Inquirer, Estate of Portia Bennett and DHS,

October 15, 2006.

 

Police and Security News, “Sudden Death, “Excited” Delirium, and

Issues of Force: Part V— Jail Suicide”; John G. Peters, Jr.,

M.B.A., Ph.D., CLS and Teri Himebaugh, J.D., L.l.M, November,

2006.

 

The Michael Smerconish Program, 1210 AM WPHT, Estate of Portia

Bennett and DHS, December 11, 2006.

 

AP “Inmates without death sentences lose bid get off Pa. Deathrow by Mark Scoloforo, 2/13/07.

 

The Legal Intelligencer, “Death Row Inmates’ Solitary Stays

Subject to DOC Discretion”, by Stephanie Lovett, 2/27/07.

 

Corrections Manager’s Report, “Sudden Death, “Excited” Delirium,

and Issues of Force: Part V— Jail Suicide”; John G. Peters, Jr.,

M.B.A., Ph.D., CLS and Teri Himebaugh, J.D., L.l.M, May 2007.

 

The Philadelphia Inquirer, “Inmates prevail in mail-opening

suit”, by Nancy Petersen, 5/5/07.

 

The Philadelphia Inquirer, “PA'S $400M prison: More people, fewer

cells and air conditioning” by Joseph DiStefano & Michaelle Bond,

8/31/17

The Legal Intelligencer, “Homicide Exoneration May Shed Light on

Handling of Appeals under Krasner” by Max Mitchell, 5/17/18

 

The Legal Intelligencer, “Stakes Rise for Meek Mill as Post-

Conviction Hearing Is Set to Open” by Max Mitchell, 6/18/18.

 

The Legal Intelligencer, “Is Downward Trend for Post-Conviction

Filings Likely to Continue under Krasner?” by Max Mitchell,

1/11/19

 

The Philadelphia Inquirer, “Under secrecy, another Philly murder

case tied to ex-detective is tossed. Will more follow?” by Chris

Palmer, 1/21/19.

 

The Philadelphia Inquirer, “The Philly DA’s office promised an aggressive Conviction Integrity Unit. Judges have pushed back by Chris Palmer and Samantha Melamed, 1/29/19.

 

CNN “Death Row Stories” interview 3/27/19.

 

“Corruption and Wrongful Convictions” 5/15/19 Podcast Voiceamerica.com, Jeff Stein moderator.

“Attorneys Eye Fallout From Philadelphia Police Officers' Racist Facebook Posts” Legal Intelligencer, Max Mitchell 6/10/19

 

EXPERT CONSULTATIONS

West Point Police Department Jail General Orders; Chief David

Kerr, West Point, GA.; August, 2005.

 

Norman Jones v. Fincourt Shelton, Esq., C.C.P. March Term, 2003,

No. 05523 (qualified as a Civil Rights, Civil Rights Legal

Malpractice and Federal Rule of Civil Procedure Expert on behalf

of Plaintiff)

 

Kindler v. Rustin, U.S. District Court W.D of Pennsylvania; No.

09-594; Steven Barth, Esq.(Pittsburgh) Jail Suicide Expert on

behalf of Plaintiff. 2011.

 

Pelzer v. Fannick, Court of Common Pleas, Luzerne County;

Criminal Appeal Expert on behalf of the Plaintiff, 2011.

CONTACT US AT:

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Philadelphia, PA 19130

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Email: thimebaughesq@earthlink.net
Tel:  484-686-3279

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