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Case Name Richardson v. Kane PC-PA-0035
Docket / Court 3:11-cv-02266-WJN-DB ( M.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Prison Conditions
Attorney Organization Washington Lawyers' Committee
Case Summary
On December 7, 2011, plaintiff, a male prisoner, filed a complaint 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 ... read more >
On December 7, 2011, plaintiff, a male prisoner, filed a complaint 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. On July 27, 2012, the plaintiff filed an amended complaint against all defendants.

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 forcing him to share a cell with a hostile prisoner, which caused a threat of violence, and by placing him in painful restraints that caused injury for prolonged periods on multiple occasions for refusing dangerous cell assignments with hostile prisoners; and that defendants violated his right to due process under the Fifth Amendment to the United States Constitution by depriving him of any meaningful process prior to and during their use of punitive measures against him. Plaintiff claimed that defendants engaged in a pattern, practice, or policy of placing hostile inmates together and putting those who refuse placement in brutal restraints for long periods of time.

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. Prisoners participate in intake interviews, in part to allow officials to gather information about the prisoners so as to make safe and appropriate placement decisions.

On April 9, 2013, the U.S. District Court (Judge William B. Nealon) granted in part and denied in part defendant's motion to dismiss, declining to certify the class. 2013 WL 1452962. On October 3, 2014, the U.S. District Court granted an enlargement of time for discover until after the Third Circuit Court of Appeals issues a decision on Richardson's appeal of his class certification claims, and the Third Circuit Court of Appeals has decided that Richardson's appeal will be held pending their decision in Shelton v. Bledsoe. On October 8, 2014, the U.S. District Court issued an order staying the case, pending further order of the court, and ordering the action administratively closed until after the Third Circuit Court of appeals issues a decision on Richardson's appeal of his class certification claims. On July 15, 2016, the Third Circuit reversed and remanded, determining that the class-wide claims for injunctive relief were not moot even though the individual plaintiff no longer had a personal stake in the class action. 829 F.3d 273. The Court of Appeals additionally ordered costs from appellees.

The district court lifted the stay on November 1, 2016 following the remand. The parties filed a joint case management plan on January 20, 2017. Plaintiff moved to certify the class on January 27, 2017. On June 26, 2017, Magistrate Judge Martin C. Carlson recommended that the court provisionally certify the class. The court denied the motion to certify the class without prejudice on October 17, 2017. The case was referred to Magistrate Judge Susan Schwab on June 6, 2018. As of November 6, 2018, discovery in the case is ongoing.

Julie Singer - 10/15/2014
Elizabeth Heise - 11/06/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
General
Assault/abuse by residents/inmates/students
Conditions of confinement
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Ex Parte Young (Federal) or Bivens
Defendant(s) Federal Bureau of Prisons
Plaintiff Description Male prisoner
Indexed Lawyer Organizations Washington Lawyers' Committee
Class action status sought Yes
Class action status granted Unknown
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2011
Case Ongoing Yes
Case Listing PC-PA-0034 : Shelton v. Kane (M.D. Pa.)
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  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-02266-WJN-DB (M.D. Pa.)
PC-PA-0035-9000.pdf | Detail
Date: 11/09/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Amended Complaint [ECF# 21]
PC-PA-0035-0001.pdf | Detail
Date: 07/27/2012
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion [ECF# 39] (2013 WL 1452962) (M.D. Pa.)
PC-PA-0035-0003.pdf | WESTLAW | Detail
Date: 04/09/2013
Source: PACER [Public Access to Court Electronic Records]
Order Staying Case [ECF# 54] (M.D. Pa.)
PC-PA-0035-0002.pdf | Detail
Date: 10/08/2014
Source: PACER [Public Access to Court Electronic Records]
Opinion [Ct. of App. ECF# 48]
PC-PA-0035-0004.pdf | Detail
Date: 09/06/2016
Source: PACER [Public Access to Court Electronic Records]
Joint Case Management Plan [ECF# 66]
PC-PA-0035-0005.pdf | Detail
Date: 01/20/2017
Source: PACER [Public Access to Court Electronic Records]
Report and Recommendation [ECF# 80]
PC-PA-0035-0006.pdf | Detail
Date: 06/26/2017
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 98] (M.D. Pa.)
PC-PA-0035-0007.pdf | Detail
Date: 10/17/2017
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Brann, Matthew William (M.D. Pa.) show/hide docs
PC-PA-0035-0007 | PC-PA-0035-9000
Carlson, Martin C. (M.D. Pa.) [Magistrate] show/hide docs
PC-PA-0035-0006
Nealon, William Joseph Jr. (M.D. Pa.) show/hide docs
PC-PA-0035-0002 | PC-PA-0035-0003 | PC-PA-0035-0004
Schwab, Susan (M.D. Pa.) [Magistrate] show/hide docs
PC-PA-0035-9000
Plaintiff's Lawyers Davy, James (Pennsylvania) show/hide docs
PC-PA-0035-9000
Dermody, Francis J. (Pennsylvania) show/hide docs
PC-PA-0035-9000
Finkenstadt, Ivy (Virginia) show/hide docs
PC-PA-0035-9000
Golden, Deborah Maxine (District of Columbia) show/hide docs
PC-PA-0035-9000
Levin, Christine C. (Pennsylvania) show/hide docs
PC-PA-0035-9000
Morgan-Kurtz, Alexandra T. (Pennsylvania) show/hide docs
PC-PA-0035-0005 | PC-PA-0035-9000
Tobin, Jennifer J. (Pennsylvania) show/hide docs
PC-PA-0035-0001 | PC-PA-0035-9000
Walsh, Marybeth (Pennsylvania) show/hide docs
PC-PA-0035-9000
Yeh, Su Ming (Pennsylvania) show/hide docs
PC-PA-0035-0005 | PC-PA-0035-9000
Defendant's Lawyers Butler, Michael J. (Pennsylvania) show/hide docs
PC-PA-0035-0005 | PC-PA-0035-9000
Connell, Matthew J. (Pennsylvania) show/hide docs
PC-PA-0035-9000
Dalke, Samuel (Pennsylvania) show/hide docs
PC-PA-0035-9000
Macmain, David J. (Pennsylvania) show/hide docs
PC-PA-0035-9000

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