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Case Name Shelton v. Kane PC-PA-0034
Docket / Court 3:11-cv-01618-WJN-DB ( M.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Prison Conditions
Attorney Organization Washington Lawyers' Committee
Case Summary
On August 29, 2011, plaintiff, a male Muslim prisoner, filed a lawsuit in the U.S. District Court of the Middle District of Pennsylvania under Bivens against the Federal Bureau of Prisons. The plaintiff, represented by public interest lawyers, asked the court for compensatory and punitive damages ... read more >
On August 29, 2011, plaintiff, a male Muslim prisoner, filed a lawsuit in the U.S. District Court of the Middle District of Pennsylvania under Bivens against the Federal Bureau of Prisons. The plaintiff, represented by public interest lawyers, asked the court for compensatory and punitive damages on behalf of himself and an injunction preventing defendants from continuing their unconstitutional housing, recreation, and restraint patterns, practices and policies on behalf of all current and future United States Penitentiary (USP) Lewisburg prisoners. Specifically, the plaintiff claimed that the defendants violated plaintiff's right to be free from cruel and unusual punishment under the Eighth Amendment to the United States Constitution by placing him with cellmates with whom he had a documented hostile relationship, placing him in restraints on multiple occasions as punishment for refusing dangerous cell assignments, and failing to react in a timely manner to stop assaults. Plaintiff claimed that defendants engaged in a pattern, practice, or policy of carrying out these actions.

In 2008, the Bureau of Prisons created the Special Management Unit (SMU) at USP Lewisburg to serve prisoners who present unique security and management concerns including prisoners who participated in or led group/gang-related activity. Plaintiff was incarcerated at USP Lewisburg in 2005 and 2006, and returned to join to the SMU in 2009, at which time he had an intake review and expressed his separation needs.

On October 24, 2012, the U.S. District Court (Judge William B. Nealon) issued an order denying the plaintiff's motion to certify the class and an order granting defendants' motion to dismiss and for summary judgment, directing the Clerk of Court to enter judgment in favor of defendants and against plaintiff on all claims. On November 20, 2012, plaintiff submitted a notice of appeal. As of November 12, 2014, the case was still open.

Julie Singer - 10/01/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
General
Assault/abuse by residents/inmates/students
Conditions of confinement
Failure to supervise
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Federal Tort Claims Act (FTCA), 28 U.S.C. ยง 2674
Bivens
Defendant(s) Federal Bureau of Prisons
Plaintiff Description Male Muslim Prisoner
Indexed Lawyer Organizations Washington Lawyers' Committee
Class action status sought Yes
Class action status granted Pending
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Case Listing PC-PA-0035 : Richardson v. Kane (M.D. Pa.)
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)
3:11−cv−01618 (M.D. Pa.) 08/29/2011
PC-PA-0034-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/29/2011
PC-PA-0034-0001.pdf | Detail
Document Source: Plaintiffs' counsel
Opinion [Dismissal] 10/24/2012 (2012 WL 5267034) (M.D. Pa.)
PC-PA-0034-0002.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Dismissal] 10/24/2012 (M.D. Pa.)
PC-PA-0034-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion [Denying motion to certify class] 10/24/2012 (2012 WL 5250401)
PC-PA-0034-0006.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion of the Court 03/02/2015 (775 F.3d 554)
PC-PA-0034-0007.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges McKee, Theodore Alexander (Third Circuit)
PC-PA-0034-0007
Nealon, William Joseph Jr. (M.D. Pa.)
PC-PA-0034-0002 | PC-PA-0034-0003 | PC-PA-0034-0006 | PC-PA-0034-9000
Monitors/Masters None on record
Plaintiff's Lawyers Burdick, Jennifer L. (Pennsylvania)
PC-PA-0034-9000
Dermody, Francis J. (Pennsylvania)
PC-PA-0034-9000
Finkenstadt, Ivy (Virginia)
PC-PA-0034-9000
Stanoch, David J. (Pennsylvania)
PC-PA-0034-0001 | PC-PA-0034-9000
Tobin, Jennifer J. (Pennsylvania)
PC-PA-0034-9000
Walsh, Marybeth (Pennsylvania)
PC-PA-0034-9000
Yeh, Su Ming (Pennsylvania)
PC-PA-0034-9000
Defendant's Lawyers Butler, Michael J. (Pennsylvania)
PC-PA-0034-9000
Other Lawyers None on record

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