Case: Shelton v. Kane

3:11-cv-01618 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: Aug. 29, 2011

Closed Date: 2017

Clearinghouse coding complete

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 and the Federal Tort Claims Act (FTCA) 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 pol…

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 and the Federal Tort Claims Act (FTCA) 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. On March 2, 2015, the United States Court of Appeals for the Third Circuit vacated the district court's order denying class certification and grant of summary judgment in favor of the defendants on the Eighth Amendment claim. The Court of Appeals upheld the district court's judgment dismissing the plaintiff's FTCA claim. The case was reopened in the district court on March 5, 2015.

The parties reached a settlement and the case was dismissed without prejudice to either party on July 20, 2017. Judge Nealon left open the possibility that the case could be reopened if the terms of the settlement agreement were not consummated within 60 days. The exact terms of the settlement agreement are not available. Since the case has not been reopened, it is presumably closed.

Summary Authors

Julie Singer (10/1/2014)

Elizabeth Heise (10/15/2018)

Related Cases

Richardson v. Kane, Middle District of Pennsylvania (2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4373401/parties/shelton-v-bledsoe/


Judge(s)

McKee, Theodore Alexander (Pennsylvania)

Nealon, William Joseph Jr. (Pennsylvania)

Attorneys(s) for Plaintiff

Brown, Stephen D. (Pennsylvania)

Burdick, Jennifer L. (Pennsylvania)

Dermody, Francis J. (Pennsylvania)

Engsell, Tiffany E. (Pennsylvania)

Finkenstadt, Ivy (Virginia)

Golden, Deborah Maxine (District of Columbia)

Levin, Christine C. (Pennsylvania)

MacConnell, Ross A. (Pennsylvania)

Judge(s)

McKee, Theodore Alexander (Pennsylvania)

Nealon, William Joseph Jr. (Pennsylvania)

Attorneys(s) for Plaintiff

Brown, Stephen D. (Pennsylvania)

Burdick, Jennifer L. (Pennsylvania)

Dermody, Francis J. (Pennsylvania)

Engsell, Tiffany E. (Pennsylvania)

Finkenstadt, Ivy (Virginia)

Golden, Deborah Maxine (District of Columbia)

Levin, Christine C. (Pennsylvania)

MacConnell, Ross A. (Pennsylvania)

Mackie, Eric L. (Pennsylvania)

McConnell, Sean Patrick (Pennsylvania)

Stanoch, David J. (Pennsylvania)

Tobin, Jennifer J. (Pennsylvania)

Walsh, Marybeth (Pennsylvania)

Wong, Rose Marie C (Pennsylvania)

Yeh, Su Ming (Pennsylvania)

Attorneys(s) for Defendant

Butler, Michael J. (Pennsylvania)

Scicchitano, Anthony (Pennsylvania)

Documents in the Clearinghouse

Document

Docket [PACER]

Shelton v. Bledsoe

July 20, 2017 Docket
1

Complaint

Aug. 29, 2011 Complaint
56

Opinion [Denying motion to certify class]

2012 WL 5250401

Oct. 24, 2012 Order/Opinion
54

Opinion [Dismissal]

2012 WL 5267034

Oct. 24, 2012 Order/Opinion
57

Order [Dismissal]

Oct. 24, 2012 Order/Opinion
37

Judgment and Opinion of the Court

U. S. Court of Appeals for the Third Circuit

775 F.3d 554

March 2, 2015 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4373401/shelton-v-bledsoe/

Last updated May 20, 2022, 3:41 a.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $350, Receipt Number 0314-2269793), filed by Norman Shelton. (Attachments: # 1 Civil Cover Sheet)(ao, ) (Entered: 08/30/2011)

1 Civil Cover Sheet

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Aug. 30, 2011 PACER
2

NOTICE of Appearance by Marybeth Walsh on behalf of Norman Shelton (Walsh, Marybeth) (Entered: 08/31/2011)

Aug. 31, 2011 PACER
3

NOTICE of Appearance by Jennifer J. Tobin on behalf of Norman Shelton (Tobin, Jennifer) (Entered: 08/31/2011)

Aug. 31, 2011 PACER
4

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Ivy A. Finkenstadt on behalf of Norman Shelton Attorney Ivy Finkenstadt is seeking special admission. Filing fee $ 50, receipt number 0314-2278208.. (Finkenstadt, Ivy) (Entered: 09/08/2011)

Sept. 8, 2011 PACER
5

SPECIAL ADMISSIONS FORM APPROVED as to Ivy FinkenstadtSigned by Honorable William J. Nealon on 9/9/11. (ao, ) (Entered: 09/09/2011)

Sept. 9, 2011 PACER
6

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Francis J Dermody, III on behalf of Norman Shelton Attorney Francis Dermody is seeking special admission. Filing fee $ 50, receipt number 0314-2304263.. (Dermody, Francis) (Entered: 10/13/2011)

Oct. 13, 2011 PACER
7

SPECIAL ADMISSIONS FORM APPROVED as to Francis DermodySigned by Honorable William J. Nealon on 10/13/11. (lh, ) (Entered: 10/13/2011)

Oct. 13, 2011 PACER
8

WAIVER OF SERVICE Returned by Norman Shelton. John Adami waiver sent on 10/12/2011, answer due 12/12/2011; Brian A. Bledsoe waiver sent on 10/12/2011, answer due 12/12/2011; Combe waiver sent on 10/12/2011, answer due 12/12/2011; Nelson Drees waiver sent on 10/12/2011, answer due 12/12/2011; J. Dunkelberger waiver sent on 10/12/2011, answer due 12/12/2011; Fisher waiver sent on 10/12/2011, answer due 12/12/2011; J. Fosnot waiver sent on 10/12/2011, answer due 12/12/2011; S.V. Heath waiver sent on 10/12/2011, answer due 12/12/2011; John Doe Corrections Officers waiver sent on 10/12/2011, answer due 12/12/2011; Thomas R. Kane waiver sent on 10/12/2011, answer due 12/12/2011; Kulago waiver sent on 10/12/2011, answer due 12/12/2011; Chuck Maiorana waiver sent on 10/12/2011, answer due 12/12/2011; Moffit waiver sent on 10/12/2011, answer due 12/12/2011; Joseph Norwood waiver sent on 10/12/2011, answer due 12/12/2011; F. Perrin waiver sent on 10/12/2011, answer due 12/12/2011; Potter waiver sent on 10/12/2011, answer due 12/12/2011; Krista Rear waiver sent on 10/12/2011, answer due 12/12/2011; Roop waiver sent on 10/12/2011, answer due 12/12/2011; Rupert waiver sent on 10/12/2011, answer due 12/12/2011. (Dermody, Francis) (Entered: 11/01/2011)

Nov. 1, 2011 PACER
9

WAIVER OF SERVICE Returned by Norman Shelton. Wells waiver sent on 10/12/2011, answer due 12/12/2011; Whitaker waiver sent on 10/12/2011, answer due 12/12/2011; Zelder waiver sent on 10/12/2011, answer due 12/12/2011. (Dermody, Francis) (Entered: 11/01/2011)

Nov. 1, 2011 PACER
10

SUMMONS Returned Executed by Norman Shelton. The United States of America through its Department, The Federal Bureau of Prisons served on 10/12/2011, answer due 12/12/2011. (Dermody, Francis) (Entered: 11/01/2011)

Nov. 1, 2011 PACER
11

MOTION to Exceed Page Limitation by Norman Shelton.(Burdick, Jennifer) (Entered: 12/09/2011)

Dec. 9, 2011 RECAP
12

BRIEF IN SUPPORT re 11 MOTION to Exceed Page Limitation filed by Norman Shelton.(Burdick, Jennifer) (Entered: 12/09/2011)

Dec. 9, 2011 RECAP
13

MOTION to Certify Class by Norman Shelton. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order)(Burdick, Jennifer) (Entered: 12/09/2011)

1 Certificate of Nonconcurrence

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2 Proposed Order

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Dec. 9, 2011 PACER
14

BRIEF IN SUPPORT re 13 MOTION to Certify Class filed by Norman Shelton. (Attachments: # 1 Exhibit(s) Table of Contents for Exhibits, # 2 Exhibit(s) Exhibit A, # 3 Exhibit(s) Exhibit B, # 4 Exhibit(s) Exhibit C, # 5 Exhibit(s) Exhibit D, # 6 Exhibit(s) Exhibit E, # 7 Exhibit(s) Exhibit F, # 8 Exhibit(s) Exhibit G)(Burdick, Jennifer) (Entered: 12/09/2011)

1 Exhibit(s) Table of Contents for Exhibits

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2 Exhibit(s) Exhibit A

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3 Exhibit(s) Exhibit B

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4 Exhibit(s) Exhibit C

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5 Exhibit(s) Exhibit D

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6 Exhibit(s) Exhibit E

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7 Exhibit(s) Exhibit F

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8 Exhibit(s) Exhibit G

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Dec. 9, 2011 PACER
15

AFFIDAVIT of Service for Motion for Class Certification, filed by Norman Shelton., CERTIFICATE OF SERVICE by Norman Shelton re 13 MOTION to Certify Class, 14 Brief in Support, (Burdick, Jennifer) (Entered: 12/09/2011)

Dec. 9, 2011 PACER
16

MOTION for Extension of Time to File United States' Motion for Enlargement of Time to file Defendants' response to the allegations of the Complaint by The United States of America through its Department, The Federal Bureau of Prisons. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Butler, Michael) (Entered: 12/12/2011)

1

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2

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Dec. 12, 2011 RECAP
17

ORDER granting 16 Motion for Extension of Time to File a responsive pleading to the allegations of the complaint. Defendants may file a responsive pleading on or before February 10, 2012.Signed by Honorable William J. Nealon on 12/15/11 (lh, ) (Entered: 12/15/2011)

Dec. 15, 2011 PACER
18

ORDER granting 11 Motion for Leave to File Excess Pages. Defendants' brief in support of their motion for class certification, filed on December 9, 2011, and not exceeding forty (40) pages, is accepted as filed.Signed by Honorable William J. Nealon on 12/15/11 (lh, ) (Entered: 12/15/2011)

Dec. 15, 2011 PACER
19

Unopposed MOTION for Extension of Time to File Brief in Opposition to Plaintiff's Motion to Certify Class by The United States of America through its Department, The Federal Bureau of Prisons. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Butler, Michael) (Entered: 12/27/2011)

1 Proposed Order

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2 Certificate of Concurrence

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Dec. 27, 2011 RECAP
20

ORDER granting 19 Motion for Extension of Time to File Brief in Opposition to pltf's Motion for Class Certification. Defts may file their brief in opposition on or before 2/10/12.Signed by Honorable William J. Nealon on 1/9/12 (ao, ) (Entered: 01/09/2012)

Jan. 9, 2012 PACER
21

BRIEF IN OPPOSITION re 13 MOTION to Certify Class filed by John Adami, Brian A. Bledsoe, Combe, Nelson Drees, J. Dunkelberger, Fisher, J. Fosnot, S.V. Heath, Thomas R. Kane, Kulago, Chuck Maiorana, Moffit, Joseph Norwood, F. Perrin, Potter, Krista Rear, Roop, Rupert, The United States of America through its Department, The Federal Bureau of Prisons, Wells, Whitaker, Zelder. (Attachments: # 1 Table of Authorities)(Butler, Michael) (Entered: 02/10/2012)

1 Table of Authorities

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Feb. 10, 2012 PACER
22

MOTION to Dismiss, MOTION for Summary Judgment by John Adami, Brian A. Bledsoe, Combe, Nelson Drees, J. Dunkelberger, Fisher, J. Fosnot, S.V. Heath, Thomas R. Kane, Kulago, Chuck Maiorana, Moffit, Joseph Norwood, F. Perrin, Potter, Krista Rear, Roop, Rupert, The United States of America through its Department, The Federal Bureau of Prisons, Wells, Whitaker, Zelder. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence)(Butler, Michael) (Entered: 02/10/2012)

1 Proposed Order

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2 Certificate of Nonconcurrence

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Feb. 10, 2012 PACER
23

Unopposed MOTION for Extension of Time to March 12, 2012 by Norman Shelton. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Burdick, Jennifer) (Entered: 02/21/2012)

1 Certificate of Concurrence

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2 Proposed Order

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Feb. 21, 2012 PACER
24

STIPULATION to Dismiss Counts One and Two of the Complaint by Norman Shelton, filed by Norman Shelton.(Dermody, Francis) (Entered: 02/21/2012)

Feb. 21, 2012 PACER
25

MOTION to Exceed Page Limitation by John Adami, Brian A. Bledsoe, Combe, Nelson Drees, J. Dunkelberger, Fisher, J. Fosnot, S.V. Heath, Thomas R. Kane, Kulago, Chuck Maiorana, Moffit, Joseph Norwood, F. Perrin, Potter, Krista Rear, Roop, Rupert, The United States of America through its Department, The Federal Bureau of Prisons, Wells, Whitaker, Zelder. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Butler, Michael) (Entered: 02/22/2012)

1 Proposed Order

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2 Certificate of Concurrence

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Feb. 22, 2012 PACER
28

DOCUMENT SEALED pursuant to Court Order (Motion to Seal). (Attachments: # 1 Attachment B, # 2 Attachment ff, # 3 Proposed Order) (pjr) (Entered: 02/23/2012)

Feb. 22, 2012 PACER
26

BRIEF IN SUPPORT re 25 MOTION to Exceed Page Limitation filed by John Adami, Brian A. Bledsoe, Combe, Nelson Drees, J. Dunkelberger, Fisher, J. Fosnot, S.V. Heath, Thomas R. Kane, Kulago, Chuck Maiorana, Moffit, Joseph Norwood, F. Perrin, Potter, Krista Rear, Roop, Rupert, The United States of America through its Department, The Federal Bureau of Prisons, Wells, Whitaker, Zelder.(Butler, Michael) (Entered: 02/22/2012)

Feb. 22, 2012 PACER
27

ORDER granting 23 Motion to Extend Time. Plaintiff may file a reply to Defendents' Brief in opposition to Pltff's Motion for Certifcation of Class on or before March 12, 2012. Signed by Honorable William J. Nealon on 2/23/12 (lh, ) (Entered: 02/23/2012)

Feb. 23, 2012 PACER
29

DOCUMENT SEALED pursuant to Court Order (Statement In Support Of Defendants' Motion To Seal).(pjr) (Entered: 02/23/2012)

Feb. 23, 2012 PACER
30

STATEMENT OF FACTS filed by John Adami, Brian A. Bledsoe, Combe, Nelson Drees, J. Dunkelberger, Fisher, J. Fosnot, S.V. Heath, Thomas R. Kane, Kulago, Chuck Maiorana, Moffit, Joseph Norwood, F. Perrin, Potter, Krista Rear, Roop, Rupert, The United States of America through its Department, The Federal Bureau of Prisons, Wells, Whitaker, Zelder. (Attachments: # 1 Exhibit(s) Part 1, # 2 Exhibit(s) Part 2, # 3 Exhibit(s) Part 3)(Butler, Michael) (Entered: 02/24/2012)

1 Exhibit(s) Part 1

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2 Exhibit(s) Part 2

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3 Exhibit(s) Part 3

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Feb. 24, 2012 RECAP
31

BRIEF IN SUPPORT re 22 MOTION to Dismiss MOTION for Summary Judgment filed by John Adami, Brian A. Bledsoe, Combe, Nelson Drees, J. Dunkelberger, Fisher, J. Fosnot, S.V. Heath, Thomas R. Kane, Kulago, Chuck Maiorana, Moffit, Joseph Norwood, F. Perrin, Potter, Krista Rear, Roop, Rupert, The United States of America through its Department, The Federal Bureau of Prisons, Wells, Whitaker, Zelder. (Attachments: # 1 Table of Authorities, # 2 Unpublished Opinion(s))(Butler, Michael) (Entered: 02/24/2012)

1 Table of Authorities

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2 Unpublished Opinion(s)

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Feb. 24, 2012 PACER
32

ORDER: Pltf shall file a brief in opposition to the Motion to Seal w/in ten (10) days of the date of this Order; Defts shall file a reply brief within ten (10) days of receipt of Pltf's opposition brief; Signed by Honorable William J. Nealon on 03/02/12. (ep, ) (Entered: 03/02/2012)

March 2, 2012 PACER
33

ORDER granting 25 Motion for Leave to File Excess Pages Signed by Honorable William J. Nealon on 03/02/12 (ep, ) (Entered: 03/02/2012)

March 2, 2012 PACER
34

REPLY BRIEF re 13 MOTION to Certify Class filed by Norman Shelton. (Attachments: # 1 Appendix)(Dermody, Francis) (Entered: 03/12/2012)

1 Appendix

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March 12, 2012 PACER
35

RESPONSE in Opposition Plaintiff's Brief in Opposition to Defendants' Motion to Seal Documents, BRIEF by Norman Shelton., filed by Norman Shelton. (Attachments: # 1 Word Count Certificate, # 2 Proposed Order)(Dermody, Francis) (Entered: 03/12/2012)

1 Word Count Certificate

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2 Proposed Order

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March 12, 2012 PACER
36

MOTION for Extension of Time to Enlargement of Time to Respond to Motion to Dismiss and for Summary Judgment by Norman Shelton. (Attachments: # 1 Certificate of Concurrence)(Burdick, Jennifer) (Entered: 03/19/2012)

1 Certificate of Concurrence

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March 19, 2012 PACER
37

REPLY BRIEF im Support of Motion to Seal by John Adami, Brian A. Bledsoe, Combe, Nelson Drees, J. Dunkelberger, Fisher, J. Fosnot, S.V. Heath, Thomas R. Kane, Kulago, Chuck Maiorana, Moffit, Joseph Norwood, F. Perrin, Potter, Krista Rear, Roop, Rupert, The United States of America through its Department, The Federal Bureau of Prisons, Wells, Whitaker, Zelder. 35 Brief in Opposition, Defendants' Reply Brief in Support of Motion to Seal. (Attachments: # 1 Unpublished Opinion(s))(Butler, Michael) Modified on 3/26/2012 (ao, ). (Entered: 03/22/2012)

1 Unpublished Opinion(s)

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March 22, 2012 PACER
38

MOTION to Exceed Page Limitation by Norman Shelton. (Attachments: # 1 Memorandum of Law, # 2 Certificate of Concurrence, # 3 Service)(Burdick, Jennifer) (Entered: 03/23/2012)

1 Memorandum of Law

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2 Certificate of Concurrence

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3 Service

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March 23, 2012 PACER
39

ANSWER TO STATEMENT OF FACTS re 30 Statement of Facts, filed by Norman Shelton.(Dermody, Francis) (Entered: 03/26/2012)

March 26, 2012 RECAP
40

BRIEF IN OPPOSITION re 22 MOTION to Dismiss MOTION for Summary Judgment filed by Norman Shelton. (Attachments: # 1 Appendix, # 2 Declaration of Stephen D. Brown, Esquire, # 3 Unpublished Opinion(s), # 4 Unpublished Opinion(s), # 5 Unpublished Opinion(s), # 6 Unpublished Opinion(s), # 7 Unpublished Opinion(s), # 8 Proposed Order)(Dermody, Francis) (Entered: 03/26/2012)

1 Appendix

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2 Declaration of Stephen D. Brown, Esquire

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3 Unpublished Opinion(s)

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4 Unpublished Opinion(s)

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5 Unpublished Opinion(s)

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6 Unpublished Opinion(s)

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7 Unpublished Opinion(s)

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8 Proposed Order

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March 26, 2012 PACER
41

MOTION to Consolidate Cases by Norman Shelton. (Attachments: # 1 Memorandum in Support of Motion to Consolidate, # 2 Certificate of Nonconcurrence, # 3 Proposed Order, # 4 Unpublished Opinion(s))(Finkenstadt, Ivy) (Entered: 03/28/2012)

1 Memorandum in Support of Motion to Consolidate

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2 Certificate of Nonconcurrence

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3 Proposed Order

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4 Unpublished Opinion(s)

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March 28, 2012 PACER
42

BRIEF IN SUPPORT re 41 MOTION to Consolidate Cases filed by Norman Shelton. (Attachments: # 1 Unpublished Opinion(s))(Finkenstadt, Ivy) (Entered: 04/02/2012)

1 Unpublished Opinion(s)

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April 2, 2012 PACER
43

BRIEF IN SUPPORT re 38 MOTION to Exceed Page Limitation filed by Norman Shelton.(Burdick, Jennifer) (Entered: 04/03/2012)

April 3, 2012 PACER
44

REPLY BRIEF re 22 MOTION to Dismiss MOTION for Summary Judgment filed by John Adami, Brian A. Bledsoe, Combe, Nelson Drees, J. Dunkelberger, Fisher, J. Fosnot, S.V. Heath, Thomas R. Kane, Kulago, Chuck Maiorana, Moffit, Joseph Norwood, F. Perrin, Potter, Krista Rear, Roop, The United States of America through its Department, The Federal Bureau of Prisons, Wells, Whitaker, Zelder.(Butler, Michael) (Entered: 04/11/2012)

April 11, 2012 RECAP
45

ORDER Plaintiff's motions 36 38 are granted. Plaintiff's brief in opposition 40 filed on March 26, 2012 and not exceeding thirty pages is accepted as timely filed. Signed by Honorable William J. Nealon on 4/12/12 (ts, ) (Entered: 04/12/2012)

April 12, 2012 PACER
46

BRIEF IN OPPOSITION re 41 MOTION to Consolidate Cases filed by John Adami, Brian A. Bledsoe, Combe, Nelson Drees, J. Dunkelberger, Fisher, J. Fosnot, S.V. Heath, Thomas R. Kane, Kulago, Chuck Maiorana, Moffit, Joseph Norwood, F. Perrin, Potter, Krista Rear, Roop, Rupert, The United States of America through its Department, The Federal Bureau of Prisons, Wells, Whitaker, Zelder.(Butler, Michael) (Entered: 04/19/2012)

April 19, 2012 PACER
47

REQUEST by James Murray for a a copy of the docket sheet. (lh, ) (Entered: 04/25/2012)

April 25, 2012 PACER
48

REPLY BRIEF re 41 MOTION to Consolidate Cases filed by Norman Shelton.(Finkenstadt, Ivy) (Entered: 05/07/2012)

May 7, 2012 PACER
49

Letter from James Murray at FCI-Lewisburg dated 5/29/12 re: prison conditions and referencing this pending case. (lh, ) (Entered: 05/31/2012)

May 31, 2012 PACER
50

Letter from James Murray dtd 7/15/12 requesting Order of Court Appointing or Authorizing James Murray as a class representative. (ao, ) (Entered: 07/17/2012)

July 17, 2012 PACER
51

NOTICE by Norman Shelton of Attorney Withdrawal (Finkenstadt, Ivy) (Entered: 09/27/2012)

Sept. 27, 2012 PACER
52

NOTICE by Norman Shelton of Attorney Withdrawal (Walsh, Marybeth) (Entered: 10/16/2012)

Oct. 16, 2012 RECAP
53

ORDER denying pltf's 41 Motion to Consolidate Cases Signed by Honorable William J. Nealon on 10/22/12 (ao) (Entered: 10/22/2012)

Oct. 22, 2012 RECAP
54

MEMORANDUM: (Order to follow as separate docket entry) Signed by Honorable William J. Nealon on 10/24/12. (lh) (Entered: 10/24/2012)

Oct. 24, 2012 RECAP
55

ORDER denying 13 Motion to Certify Class. Signed by Honorable William J. Nealon on 10/24/12 (lh) (Entered: 10/24/2012)

Oct. 24, 2012 PACER
56

MEMORANDUM [Order to follow as a separate entry]Signed by Honorable William J. Nealon on 10/24/12. (ts) (Entered: 10/24/2012)

Oct. 24, 2012 RECAP
57

ORDER DISMISSING CASE 1) Defendants' motion to dismiss and for summary judgment 22 is granted. The Clerk of Court is directed to enter judgment in favor of the Defendants and against Plaintiff on all claims. 2) The Clerk of Court is directed to close this case. 3) Any appeal from this order will be deemed frivolous, not taken in good faith and lacking probable cause. Signed by Honorable William J. Nealon on 10/24/12. (ts) (Entered: 10/24/2012)

Oct. 24, 2012 RECAP
58

NOTICE OF APPEAL in PRISONER Case as to 57 Order (memorandum filed previously as separate docket entry), Order Dismissing Case,, 55 Order on Motion to Certify Class by Norman Shelton. Filing Fee and Docket Fee PAID. Filing fee $ 455, receipt number 0314-2624755. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Dermody, Francis) (Entered: 11/09/2012)

Nov. 9, 2012 RECAP
59

USCA Case Number 12-4226 for 58 Notice of Appeal, filed by Norman Shelton. USCA Case Manager Maria Reyes (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF). (Reyes, Maria) (Entered: 11/30/2012)

Nov. 20, 2012 PACER
60

TRANSCRIPT PURCHASE ORDER REQUEST by Norman Shelton (Dermody, Francis) (Entered: 12/03/2012)

Dec. 3, 2012 RECAP
61

NOTICE of Appearance by Su Ming Yeh on behalf of Norman Shelton (Yeh, Su Ming) (Entered: 05/30/2013)

May 30, 2013 PACER
62

NOTICE by Norman Shelton of Attorney Withdrawal (Tobin, Jennifer) (Entered: 05/30/2013)

May 30, 2013 PACER
63

NOTICE by Norman Shelton of Attorney Withdrawal (Burdick, Jennifer) (Entered: 10/24/2013)

Oct. 24, 2013 PACER
95

REPORT AND RECOMMENDATION - IT IS RECOMMENDED as follows: 1. The defendants renewed motion for summary judgment (Docs. 22 , 83 .), should be GRANTED, in part, in that defendants Whitaker and Wells should be DISMISSED. 2. In all other respects the defendants renewed motion for summary judgment (Docs. 22 and 83.) should be DENIED, without prejudice to renewal of the motion following pretrial discovery, and that the parties should be given leave to conduct discovery focusing on the issues raised by the motion, claims and defenses presented by the parties. Objections to R&R due by 4/7/2016. Signed by Magistrate Judge Martin C. Carlson on March 21, 2016. (kjn)

March 21, 2016 RECAP
64

JUDGMENT of USCA (certified copy) as to 58 Notice of Appeal, filed by Norman Shelton (Reyes, Maria) (Entered: 01/07/2015)

Jan. 7, 2015
119

ORDER - The Report and Recommendation is ADOPTED, IN PART, with respect to the stipulated dismissal of Defts' Whitaker and Wells, and the Clerk of Court is directed to TERMINATE Defts Whitaker and Wells from this action. Defts' objections, (Doc 108), are SUSTAINED to the extent that the Report and Recommendation (Doc 95), did not address Defts' renewed motion to dismiss (Docs 22, 83) and the remainder of the Report and Recommendation is REJECTED on this basis; and the matter is REMANDED to MJ Carlson for consideration of Defts' renewed motion to dismiss, (Docs 22,83). Signed by Honorable William J. Nealon on 12/7/16 (ao)

Dec. 7, 2016 RECAP
65

MOTION to Intervene by Prospective Class Members.(ao) (Entered: 01/20/2015)

Jan. 20, 2015
66

NOTICE by Norman Shelton Notice of Attorney Withdrawal (Stanoch, David) (Entered: 02/06/2015)

Feb. 6, 2015
67

NOTICE by Norman Shelton Attorney Withdrawal (McConnell, Sean) (Entered: 02/06/2015)

Feb. 6, 2015
68

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Christine C. Levin on behalf of Norman Shelton Attorney Christine Levin is seeking special admission. Filing fee $ 50, receipt number 0314−3353261.. (Levin, Christine) (Entered: 02/12/2015)

Feb. 12, 2015

DOCKET ANNOTATION: Attorney Christine Levin is active with the PA state bar. (lh) (Entered: 02/13/2015)

Feb. 13, 2015
69

MOTION to Appear Pro Hac Vice − Attorney Eric Mackie is seeking special admission. Filing fee $ 50, receipt number 0314−3355959. by Norman Shelton.(Mackie, Eric) (Entered: 02/17/2015)

Feb. 17, 2015

DOCKET ANNOTATION: Eric Mackie is active with the PA state bar. (lh) (Entered: 02/17/2015)

Feb. 17, 2015
70

SPECIAL ADMISSIONS FORM APPROVED as to Eric MackieSigned by Honorable William J. Nealon on 02/18/15. (ep) (Entered: 02/20/2015)

Feb. 20, 2015
71

MANDATE of USCA as to 58 Notice of Appeal, filed by Norman Shelton (Attachments: # 1 Opinion)(Reyes, Maria) (Entered: 03/02/2015)

March 2, 2015
72

ORDER REOPENING CASE, ORDER REFERRING CASE to Magistrate Judge Martin C. Carlson; 1) The Clerk is directed to reopen this action 2) In accordance with the provisions of 28 USC 636 the case is referred to Martin C. Carlson, United States Magistrate Judge, to conduct any and all pretrial proceedings and, at the conclusion thereof, submit a Report and Recommendation of final disposition with the Court. Signed by Honorable William J. Nealon on 3/5/15. (ts) (Entered: 03/05/2015)

March 5, 2015
73

SPECIAL ADMISSIONS FORM APPROVED as to Eric Mackie, Esq. Signed by Magistrate Judge Martin C. Carlson on March 6, 2015. (kjn) (Entered: 03/06/2015)

March 6, 2015
74

SCHEDULING ORDER: A Case Management Conference is set for 4/14/2015 at 10:00 AM before Magistrate Judge Martin C. Carlson. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on March 13, 2015. (kjn) (Entered: 03/13/2015)

March 13, 2015
75

ORDER re 65 Motion to Intervene − IT IS ORDERED that this motion is CLOSED without prejudice to future proceedings involving these inmates in the counseled case aimed at determining the proper scope of any proposed plaintiff class. Signed by Magistrate Judge Martin C. Carlson on March 13, 2015. (kjn) (Entered: 03/13/2015)

March 13, 2015
76

NOTICE of Appearance by Anthony D. Scicchitano on behalf of John Adami, Brian A. Bledsoe, Combe, Nelson Drees, J. Dunkelberger, Fisher, J. Fosnot, S.V. Heath, Thomas R. Kane, Kulago, Chuck Maiorana, Moffit, Joseph Norwood, F. Perrin, Potter, Krista Rear, Roop, Rupert, The United States of America through its Department, The Federal Bureau of Prisons, Wells, Whitaker, Zelder (Scicchitano, Anthony) (Entered: 03/18/2015)

March 18, 2015
77

CASE MANAGEMENT PLAN by Norman Shelton. (Mackie, Eric) (Entered: 04/10/2015)

April 10, 2015
78

EXHIBIT JCMP Exhibits 1,2, and 3 by Norman Shelton re 77 Case Management Plan. (Mackie, Eric) (Entered: 04/13/2015)

April 13, 2015
81

ORDER − IT IS HEREBY ORDERED THAT the parties shall file briefs in support of and opposition to the defendants motion for a protective order (Doc. 79.), and supplemental briefs relating to the defendants dispositive motion (Doc.22.), in accordance with the following schedule: 1. The defendants shall file their initial brief on or before Monday, April 27, 2015. 2. The plaintiff shall file a responsive brief on or before Monday, May 11, 2015. 3. The defendants shall be permitted to file a reply brief on or before Monday, May 27, 2015. Signed by Magistrate Judge Martin C. Carlson on April 14, 2015. (kjn) (Entered: 04/14/2015)

April 14, 2015
82

BRIEF IN SUPPORT re 79 MOTION for Protective Order filed by John Adami, Brian A. Bledsoe, Combe, Nelson Drees, J. Dunkelberger, Fisher, J. Fosnot, S.V. Heath, Thomas R. Kane, Kulago, Chuck Maiorana, Moffit, Joseph Norwood, F. Perrin, Potter, Krista Rear, Roop, Wells, Whitaker, Zelder. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s))(Butler, Michael) (Entered: 04/27/2015)

April 27, 2015
83

BRIEF IN SUPPORT re 22 MOTION to Dismiss MOTION for Summary Judgment filed by John Adami, Brian A. Bledsoe, Combe, Nelson Drees, J. Dunkelberger, Fisher, J. Fosnot, S.V. Heath, Thomas R. Kane, Kulago, Chuck Maiorana, Moffit, Joseph Norwood, F. Perrin, Potter, Roop, Wells, Whitaker, Zelder. (Attachments: # 1 Certificate of Word Count, # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s))(Butler, Michael) (Entered: 04/27/2015)

April 27, 2015
84

Unopposed MOTION to Exceed Page Limitation by Norman Shelton.(Mackie, Eric) (Entered: 05/06/2015)

May 6, 2015
85

ORDER granting 84 Motion for Leave to File Excess Pages. The Pltf may file a brief which does not exceed 30 pages in length. Signed by Magistrate Judge Martin C. Carlson on May 7, 2015. (kjn) (Entered: 05/07/2015)

May 7, 2015
86

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Ross A MacConnell on behalf of All Plaintiffs Attorney Ross MacConnell is seeking special admission. Filing fee $ 50, receipt number 0314−3432005.. (MacConnell, Ross) (Entered: 05/11/2015)

May 11, 2015
87

BRIEF IN OPPOSITION re 79 MOTION for Protective Order , 22 MOTION to Dismiss MOTION for Summary Judgment filed by Norman Shelton.(Mackie, Eric) (Entered: 05/11/2015)

May 11, 2015

DOCKET ANNOTATION: Ross MacConnell is active with the PA state bar. (lh) (Entered: 05/14/2015)

May 14, 2015
88

SPECIAL ADMISSIONS FORM APPROVED as to Ross A. MacConnell, Esq. Signed by Magistrate Judge Martin C. Carlson on May 19, 2015. (kjn) (Entered: 05/20/2015)

May 20, 2015
89

REPLY BRIEF re 79 MOTION for Protective Order filed by John Adami, Brian A. Bledsoe, Combe, Nelson Drees, J. Dunkelberger, Fisher, J. Fosnot, S.V. Heath, Thomas R. Kane, Kulago, Chuck Maiorana, Moffit, Joseph Norwood, F. Perrin, Potter, Krista Rear, Roop, Rupert, Wells, Whitaker, Zelder. (Attachments: # 1 Unpublished Opinion(s))(Scicchitano, Anthony) (Entered: 05/27/2015)

May 27, 2015
90

REPLY BRIEF re 22 MOTION to Dismiss MOTION for Summary Judgment filed by John Adami, Brian A. Bledsoe, Combe, Nelson Drees, J. Dunkelberger, Fisher, J. Fosnot, S.V. Heath, Thomas R. Kane, Kulago, Chuck Maiorana, Moffit, Joseph Norwood, F. Perrin, Potter, Krista Rear, Roop, Rupert, Wells, Whitaker, Zelder. (Attachments: # 1 Table of Authorities, # 2 Unpublished Opinion(s), # 3 Exhibit(s))(Scicchitano, Anthony) (Entered: 05/27/2015)

May 27, 2015
91

Order, Michtavi v. Scism, M.D.Pa. Civ. No. 1:cv−12−1196 by John Adami, Brian A. Bledsoe, Combe, Nelson Drees, J. Dunkelberger, Fisher, J. Fosnot, S.V. Heath, Thomas R. Kane, Kulago, Chuck Maiorana, Moffit, Joseph Norwood, F. Perrin, Potter, Krista Rear, Roop, Rupert, Wells, Whitaker, Zelder. 89 Reply Brief, Attachment to Reply Brief . (Scicchitano, Anthony) (Entered: 05/27/2015)

May 27, 2015
92

NOTICE of Change of Address 9/16/15 by Norman Shelton to USP Atwater. (ao) (Entered: 09/22/2015)

Sept. 21, 2015
93

MOTION to Withdraw as Attorney by Norman Shelton.(Mackie, Eric) (Entered: 09/22/2015)

Sept. 22, 2015
94

ORDER granting in party 79 MOTION for Protective Order filed by S.V. Heath, Nelson Drees, Potter, Wells, John Adami, J. Fosnot, Moffit, Combe, J. Dunkelberger, Kulago, Brian A. Bledsoe, Joseph Norwood, F. Perrin, Chuck Maiorana, Whitaker, Fisher, Zelder. Discovery is stayed pending the district courts consideration and resolution of the Report and Recommendation filed in this case. Signed by Magistrate Judge Martin C. Carlson on March 21, 2016. (kjn) (Entered: 03/21/2016)

March 21, 2016
96

Letter from Jason Frazier dtd 3/12/16 RE: joining this class action. (ao) (Entered: 03/22/2016)

March 22, 2016
97

MOTION to Stay by John Adami, Brian A. Bledsoe, Combe, Nelson Drees, J. Dunkelberger, Fisher, J. Fosnot, S.V. Heath, Thomas R. Kane, Kulago, Chuck Maiorana, Moffit, Joseph Norwood, F. Perrin, Potter, Roop, Wells, Whitaker, Zelder. (Attachments: # 1 Memo, # 2 Exhibit(s))(Scicchitano, Anthony) (Entered: 04/04/2016)

April 4, 2016
98

Proposed Order by John Adami, Brian A. Bledsoe, Combe, Nelson Drees, J. Dunkelberger, Fisher, J. Fosnot, S.V. Heath, Thomas R. Kane, Kulago, Chuck Maiorana, Moffit, Joseph Norwood, F. Perrin, Potter, Roop, Wells, Whitaker, Zelder. 97 MOTION to Stay . (Scicchitano, Anthony) (Entered: 04/04/2016)

April 4, 2016

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Aug. 29, 2011

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Male Muslim Prisoner.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Federal Bureau of Prisons, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Unknown

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Assault/abuse by residents/inmates/students

Conditions of confinement

Failure to supervise

Restraints : physical

Discrimination-basis:

Religion discrimination

Race:

Race, unspecified

Affected Gender:

Male

Type of Facility:

Government-run