University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Chance v. Kulik PC-PA-0032
Docket / Court 13-cv-00350-MPK ( W.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Prison Conditions
Case Summary
On March 11, 2013, a prisoner in the Pennsylvania state prison system filed this lawsuit in the U.S. District Court for the Western District of Pennsylvania. The prisoner sued under 42 U.S.C. § 1983 against officials and correctional officers of the Pennsylvania State Correctional Institution in ... read more >
On March 11, 2013, a prisoner in the Pennsylvania state prison system filed this lawsuit in the U.S. District Court for the Western District of Pennsylvania. The prisoner sued under 42 U.S.C. § 1983 against officials and correctional officers of the Pennsylvania State Correctional Institution in Greene County, Pennsylvania ("SCI-Greene"). The prisoner, represented by private counsel, asked the court for compensatory and punitive damages, as well as attorneys' fees and costs, claiming violations of the Eighth Amendment's Cruel and Unusual Punishment Clause. Specifically, the prisoner claimed that one of the defendant correctional officers beat him, causing permanent injury. He claimed other correctional officers who witnessed the beating failed to intervene and then conspired with the first correctional officer to cover up the excessive use of force. The prisoner also brought a claim against the officials for a failure to supervise the correctional officer who used excessive force.

Originally filed pro se, the prisoner retained counsel on July 3, 2013 and filed an amended complaint on August 12, 2013. On March 26, 2014, the prisoner filed a second amended complaint.

In October 2014, the parties settled the case with a private settlement agreement whose terms are not public. The court closed the case but did not dismiss it. Either party can initiate further proceedings. As of February 27, 2016, no new proceedings have been initiated.

Jessica Kincaid - 02/27/2016


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Defendant-type
Corrections
General
Assault/abuse by staff
Failure to supervise
Grievance Procedures
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) The Pennsylvania Department of Corrections
Plaintiff Description Prisoner in the Pennsylvania state prison system
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2014
Case Ongoing Unknown
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
13-cv-00350-MPK (W.D. Pa.) 01/13/2015
PC-PA-0032-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 04/04/2013
PC-PA-0032-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint 08/12/2013
PC-PA-0032-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint 03/26/2014
PC-PA-0032-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Kelly, Maureen P (W.D. Pa.) [Magistrate]
PC-PA-0032-9000
Monitors/Masters None on record
Plaintiff's Lawyers Ranjan, Nicholas J. (Pennsylvania)
PC-PA-0032-0002 | PC-PA-0032-0003 | PC-PA-0032-9000
Rohm, Bryan D (Pennsylvania)
PC-PA-0032-0002 | PC-PA-0032-0003 | PC-PA-0032-9000
Yasinow, Denise N (Pennsylvania)
PC-PA-0032-0002 | PC-PA-0032-0003 | PC-PA-0032-9000
Defendant's Lawyers Friedline, Mary Lynch (Pennsylvania)
PC-PA-0032-9000
Paladina, Jeffrey M (Pennsylvania)
PC-PA-0032-9000
Warshafsky, Yana L. (Pennsylvania)
PC-PA-0032-9000
Other Lawyers None on record

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