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Case Name Shelton v. Kane PC-PA-0034
Docket / Court 3:11-cv-01618-WJN-DB ( M.D. Pa. )
Additional Docket(s) 12-4226  [ 12-4226 ]
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 Bivens
Federal Tort Claims Act (FTCA), 28 U.S.C. ยง 2674
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
Filed Pro Se No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2011
Case Ongoing Yes
Case Listing PC-PA-0035 : Richardson v. Kane (M.D. Pa.)
Additional Resources
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  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
By: Margo Schlanger (Washington University Faculty)
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
Book
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
3:11−cv−01618 (M.D. Pa.)
PC-PA-0034-9000.pdf | Detail
Date: 07/20/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
PC-PA-0034-0001.pdf | Detail
Date: 08/29/2011
Source: Plaintiffs' counsel
Opinion [Dismissal] [ECF# 54] (2012 WL 5267034) (M.D. Pa.)
PC-PA-0034-0002.pdf | WESTLAW | Detail
Date: 10/24/2012
Source: PACER [Public Access to Court Electronic Records]
Opinion [Denying motion to certify class] [ECF# 56] (2012 WL 5250401)
PC-PA-0034-0006.pdf | WESTLAW | Detail
Date: 10/24/2012
Source: PACER [Public Access to Court Electronic Records]
Order [Dismissal] [ECF# 57] (M.D. Pa.)
PC-PA-0034-0003.pdf | Detail
Date: 10/24/2012
Source: PACER [Public Access to Court Electronic Records]
Opinion of the Court [Ct. of App. ECF# 71-1] (775 F.3d 554)
PC-PA-0034-0007.pdf | WESTLAW| LEXIS | Detail
Date: 03/02/2015
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
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

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