Civil Rights Litigation Clearinghouse

Case: Shoatz v. Wetzel

2:13-cv-00657 | U.S. District Court for the Western District of Pennsylvania

Filed Date: May 8, 2013

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On May 8, 2013, a prisoner in Pennsylvania's state prisons filed this lawsuit in the U.S. District Court for the Western District of Pennsylvania. The plaintiff sued the Secretary of the Pennsylvania Department of Corrections as well as the superintendents of SCI-Greene and SCI-Mahanoy under 42 U.S.C. § 1983. Represented by private counsel, the plaintiff asked the court for both injunctive relief and damages, alleging that the defendants violated the plaintiff's Eighth and Fourteenth Amendment …

The parties initiated discovery. On July 3, 2013, the defendants filed a motion to dismiss. After numerous extensions for replies, the parties set a date for mediation on October 30, 2013. The mediation was unsuccessful.

On January 27, 2014, Magistrate Judge Cynthia Reed Eddy denied defendants' motion to dismiss. Judge Eddy held that the plaintiff's complaint alleged sufficiently plausible facts on both his Eighth Amendment and Fourteenth Amendment claims. Specifically, the plaintiff plausibly asserted that the conditions of his confinement caused severe physical and mental distress and that the defendants not only knew about his suffering, but were deliberately indifferent to it. His Fourteenth Amendment claim was not barred by claim preclusion from prior litigation challenging his solitary confinement because of new circumstances and the extended duration of the confinement. Further, the administration violated his procedural due process rights by failing to give him adequate information for why he was being kept in solitary confinement. 2014 WL 294988 (W.D. Pa. Jan. 27, 2014).

The parties continued discovery for the next ten months. On November 21, 2014, the plaintiff filed an amended complaint.

On July 15, 2015, the plaintiff filed a motion for summary judgment. On August 6, 2015, the defendants filed their own motion for summary judgment. After numerous extensions for responses to the summary judgment motions, Judge Eddy issued her opinion on February 12, 2016, denying both motions. She held that there were material issues of fact on both the Eighth and Fourteenth Amendment claims to warrant a jury trial. 2016 WL 595337 (Feb. 12, 2016).

On May 10, 2015, the parties engaged in successful mediation and reached a settlement-in-principle.The Department of Corrections agreed to not place the plaintiff back in solitary confinement due to his prior disciplinary record or activities, to provide a single cell (and not have to share it for the rest of his life), to provide him with full mental health evaluation, and pay a monetary settlement. On July 25, 2016, Judge Eddy approved the stipulation of voluntary dismissal and the case was dismissed with prejudice. (https://abolitionistlawcenter.org/2016/07/11/media-release-settlement-reached-in-shoatz-v-wetzel/)

During the period of mediation, the Department of Justice announced that it was closing an investigation against the Pennsylvania Department of Corrections for its use of solitary confinement. The PDOC stipulated that it would ensure that prisoners are not sent to solitary confinement, expand mental health classification processes and streamline mental health care delivery, provide more mental health training to staff, and offer more out-of-cell activities for prisoners in solitary confinement. The DOJ letter also indicated that PDOC would commit to ensuring that all inmates with a serious mental health condition either present or in the past would be diverted to treatment units, reduce use of restraints, improve mental health staffing and recordkeeping, expand commitment units, better identify prisoners with intellectual disabilities, and improve quality assurance processes. (DOJ letter)

No further activity has appeared on the docket. Presumably the case is closed.

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Summary Authors

Craig Streit (9/25/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4374225/parties/shoatz-v-wetzel/

Judge(s)

Eddy, Cynthia Reed (Pennsylvania)

Attorneys(s) for Plaintiff

Burt, Stefanie Lepore (Pennsylvania)

Engel, Harold (Maryland)

Etter, Richard L (Pennsylvania)

Grote, Bret D. (Pennsylvania)

Gupta, Vanita (District of Columbia)

Hickton, David J. (Pennsylvania)

McDaniel, Dustin (Pennsylvania)

Attorneys(s) for Defendant

Bradley, Scott A. (Pennsylvania)

Friedline, Mary Lynch (Pennsylvania)

Judge(s)

Eddy, Cynthia Reed (Pennsylvania)

Attorneys(s) for Plaintiff

Burt, Stefanie Lepore (Pennsylvania)

Engel, Harold (Maryland)

Etter, Richard L (Pennsylvania)

Grote, Bret D. (Pennsylvania)

Gupta, Vanita (District of Columbia)

Hickton, David J. (Pennsylvania)

McDaniel, Dustin (Pennsylvania)

Attorneys(s) for Defendant

Bradley, Scott A. (Pennsylvania)

Friedline, Mary Lynch (Pennsylvania)

Warshafsky, Yana L. (Pennsylvania)

Expert/Monitor/Master

Kovalik, Daniel (Pennsylvania)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
	Docket [PACER] Shoatz v. Wetzl	July 25, 2016	Docket
1	Complaint Shoatz v. Wetzl	May 8, 2013	Complaint
29	Memorandum Opinion and Order 2014 U.S.Dist.LEXIS 9386	Jan. 27, 2014	Order/Opinion
50	First Amended Complaint	Nov. 21, 2014	Complaint
87	Memorandum Opinion and Order 2016 WL 595337, 2016 U.S.Dist.LEXIS 17515	Feb. 12, 2016	Order/Opinion
	Justice Department Closes Investigation After Pennsylvania Department of Corrections Takes Significant Steps to Reform its Use of Solitary Confinement CRIPA investigation of Cresson and Penn. DOC No Court	April 14, 2016	Press Release
	Closing Letter Re: Investigation of the Pennsylvania Department of Corrections' Use of Solitary Confinement on Prisoners with Serious Mental Illness and/or Intellectual Disabilities CRIPA investigation of Cresson and Penn. DOC No Court	April 14, 2016	Correspondence

Resources

Title	Description		External URL
Shoatz v. Wetzel Abolitionist Law Center	Russell Maroon Shoatz is 70-years-old and was locked in solitary confinement at various state prisons for 22 consecutive years, and nearly 30 years non-consecutively. Shoatz is a father, grandfather,…	Feb. 12, 2016	https://abolitionistlawcenter.org/our-work/completed-cases/shoatz-v-wetzel/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4374225/shoatz-v-wetzel/

Last updated May 11, 2022, 8 p.m.

ECF Number	Description	Date	Link
1	COMPLAINT against LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL (Filing fee, including Administrative fee, $400, receipt number 0315-2780406), filed by RUSSELL SHOATZ. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for John E. Wetzel, # 3 Summons for Louis S. Folino, # 4 Summons for John Kerestes) (ksa) (Entered: 05/08/2013) 1 Civil Cover Sheet View on PACER 2 Summons for John E. Wetzel View on PACER 3 Summons for Louis S. Folino View on PACER 4 Summons for John Kerestes View on PACER	May 8, 2013	RECAP
2	NOTICE of Appearance by Stefanie A. Lepore on behalf of RUSSELL SHOATZ. (Lepore, Stefanie) (Entered: 05/09/2013)	May 9, 2013	PACER
3	Notice of Appearance	May 9, 2013	PACER
4	Notice of Appearance	May 30, 2013	PACER
5	Waiver of Service Executed	June 3, 2013	PACER
6	Waiver of Service Executed	June 3, 2013	PACER
7	Waiver of Service Executed	June 3, 2013	PACER
8	Order	June 4, 2013	RECAP
9	Consent to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option	June 18, 2013	PACER
10	Consent to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option	June 18, 2013	PACER
11	Proposed Discovery Plan	June 21, 2013	PACER
12	Motion to Dismiss for Failure to State a Claim 1 Proposed Order View on PACER	July 3, 2013	PACER
13	Brief in Support of Motion	July 3, 2013	RECAP
14	Notice of Appearance	July 8, 2013	PACER
15	Motion for Extension of Time to File Response/Reply 1 Proposed Order View on PACER	July 9, 2013	PACER
16	Case Management Conference	July 9, 2013	PACER
17	Order on Motion for Extension of Time to File Response/Reply	July 9, 2013	PACER
18	Motion to Appear Pro Hac Vice	July 31, 2013	PACER
19	Errata 1 Affidavit View on PACER 2 Exhibit A View on PACER 3 Proposed Order View on PACER	July 31, 2013	PACER
20	Proposed Case Management Order	Aug. 20, 2013	PACER
21	Case Management Order	Aug. 21, 2013	PACER
22	Status Report	Sept. 4, 2013	PACER
23	Brief in Opposition to Motion	Sept. 17, 2013	RECAP
24	Reply to Response to Motion	Oct. 21, 2013	PACER
25	Motion to Amend/Correct 1 Exhibit A View on PACER 2 Proposed Order View on PACER	Nov. 4, 2013	PACER
26	Proposed Case Management Order	Nov. 8, 2013	PACER
27	Case Management Order	Nov. 12, 2013	PACER
28	Notice of Appearance	Dec. 18, 2013	PACER
29	MEMORANDUM OPINION and ORDER denying 12 Motion to Dismiss for Failure to State a Claim. Signed by Magistrate Judge Cynthia Reed Eddy on 1/27/2014. (bsc)	Jan. 27, 2014	RECAP
30	Motion for Extension of Time to File Answer 1 Proposed Order View on PACER	Feb. 10, 2014	PACER
31	Answer to Complaint	Feb. 20, 2014	PACER
32	Status Report	Feb. 24, 2014	PACER
33	Motion to Amend/Correct 1 Scheduling Motion Certificate View on PACER 2 Proposed Order #1 View on PACER 3 Proposed Order #2 View on PACER	March 13, 2014	PACER
34	Order on Motion to Amend/Correct	March 15, 2014	PACER
35	Motion to Amend/Correct 1 PROPOSED JOINT AMENDED CASE MANAGEMENT ORDER View on PACER 2 Proposed Order View on PACER	May 12, 2014	PACER
36	Case Management Order	May 12, 2014	PACER
37	Motion to Amend/Correct 1 Proposed Order View on PACER 2 Exhibit View on PACER	July 1, 2014	PACER
38	Order on Motion to Amend/Correct	July 2, 2014	PACER
39	Motion for Extension of Time to Complete Discovery 1 Proposed Order View on PACER	July 31, 2014	PACER
40	Order on Motion for Extension of Time to Complete Discovery	Aug. 1, 2014	PACER
41	Notice of Appearance	Oct. 2, 2014	PACER
42	Motion for Protective Order 1 Exhibit s A-E View on PACER 2 Proposed Order View on PACER	Oct. 15, 2014	PACER
43	Motion to Amend/Correct 1 Brief in Support View on PACER 2 Exhibit View on PACER 3 Proposed Order View on PACER	Oct. 16, 2014	PACER
45	Brief in Support of Motion	Oct. 16, 2014	PACER
44	Order on Motion to Amend/Correct	Oct. 17, 2014	PACER
46	Reply Brief 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER	Oct. 20, 2014	PACER
47	Notice of Appearance	Oct. 21, 2014	PACER
48	Reply to Response to Motion	Oct. 21, 2014	PACER
49	Order on Motion for Protective Order	Oct. 21, 2014	PACER
50	Amended Complaint	Nov. 21, 2014	RECAP
51	Case Management Order	Nov. 22, 2014	PACER
52	Answer to Amended Complaint	Dec. 5, 2014	PACER
53	Motion to Extend Time 1 Proposed Order View on PACER	Jan. 12, 2015	PACER
54	Motion to Extend Time 1 Proposed Order View on PACER	April 29, 2015	PACER
55	Errata 1 Proposed Order View on PACER	April 29, 2015	PACER
57	Motion to Extend Time 1 Proposed Order View on PACER	June 15, 2015	PACER
59	Motion to Extend Time 1 Proposed Order View on PACER	July 15, 2015	PACER
61	Motion for Summary Judgment 1 Proposed Order View on PACER 2 Brief in Support View on PACER 3 Statement of Facts View on PACER 4 Exhibit 1 View on PACER 5 Exhibit 2 View on PACER 6 Exhibit 3 View on PACER 7 Exhibit 4 View on PACER 8 Exhibit 5 View on PACER 9 Exhibit 6 View on PACER 10 Exhibit 7 View on PACER 11 Exhibit 8 View on PACER 12 Exhibit 9 View on PACER 13 Exhibit 10 View on PACER 14 Exhibit 11 View on PACER 15 Exhibit 12 View on PACER 16 Exhibit 13 View on PACER 17 Exhibit 14 View on PACER 18 Exhibit 15 View on PACER 19 Exhibit 16 View on PACER 20 Exhibit 17 View on PACER 21 Exhibit 18 View on PACER 22 Exhibit 19 View on PACER 23 Exhibit 20 View on PACER 24 Exhibit 21 View on PACER 25 Exhibit 22 View on PACER	July 15, 2015	PACER
62	Brief in Support of Motion	July 15, 2015	PACER
63	Concise Statement of Material Facts 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER 11 Exhibit 11 View on PACER 12 Exhibit 12 View on PACER 13 Exhibit 13 View on PACER 14 Exhibit 14 View on PACER 15 Exhibit 15 View on PACER 16 Exhibit 16 View on PACER 17 Exhibit 17 View on PACER 18 Exhibit 18 View on PACER 19 Exhibit 19 View on PACER 20 Exhibit 20 View on PACER 21 Exhibit 21 View on PACER 22 Exhibit 22 View on PACER	July 15, 2015	PACER
65	Motion to Extend Time 1 Proposed Order View on PACER	July 30, 2015	PACER
67	Motion for Summary Judgment 1 Proposed Order View on PACER	Aug. 6, 2015	PACER
68	Brief in Support of Motion	Aug. 6, 2015	PACER
69	Concise Statement of Material Facts	Aug. 6, 2015	PACER
70	Appendix 1 Exhibit Nos. 1-5 View on PACER 2 Exhibit No. 6 View on PACER 3 Exhibit No. 7 View on PACER 4 Exhibit Nos. 8-20 View on PACER 5 Exhibit Nos. 21-29 View on PACER 6 Exhibit Nos. 30-34 View on PACER 7 Exhibit No. 35 (Wetzel Dep) View on PACER 8 Exhibit No. 36 (Folino Dep) View on PACER 9 Exhibit No. 37 (Kerestes Dep) View on PACER 10 Exhibit No. 38 (Winfield Dep) View on PACER	Aug. 6, 2015	PACER
71	Motion to Strike 1 Proposed Order View on PACER	Aug. 7, 2015	PACER
72	Motion for Leave to File Excess Pages 1 Proposed Order View on PACER	Aug. 7, 2015	PACER
76	Motion for Extension of Time to File Response/Reply 1 Proposed Order View on PACER	Aug. 31, 2015	PACER
79	Brief in Opposition to Motion	Sept. 18, 2015	PACER
80	Counter Statement of Facts	Sept. 18, 2015	PACER
81	Appendix 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER 9 Exhibit View on PACER 10 Exhibit View on PACER 11 Exhibit View on PACER 12 Exhibit View on PACER 13 Exhibit View on PACER 14 Exhibit View on PACER 15 Exhibit View on PACER 16 Exhibit View on PACER 17 Exhibit View on PACER 18 Exhibit View on PACER 19 Exhibit View on PACER 20 Exhibit View on PACER 21 Exhibit View on PACER 22 Exhibit View on PACER	Sept. 18, 2015	PACER
82	Response to Motion	Sept. 30, 2015	PACER
83	Counter Statement of Facts	Sept. 30, 2015	PACER
84	Counter Statement of Facts	Oct. 6, 2015	PACER
85	Reply Brief	Oct. 8, 2015	PACER
87	MEMORANDUM OPINION AND ORDER denying 61 Plaintiff's Motion for Summary Judgment and denying 67 Defendants' Motion for Summary Judgment as the Court finds that disputes of material fact exist which must be resolved by a jury. Signed by Magistrate Judge Cynthia Reed Eddy on 2/12/2016. (bsc)	Feb. 12, 2016	RECAP
89	Pretrial Order	March 3, 2016	PACER
91	Report of Mediation	May 10, 2016	PACER
92	Order for Statistical Case Closing	May 12, 2016	PACER
93	Stipulation of Dismissal	July 7, 2016	PACER
94	Order	July 25, 2016	PACER
56	TEXT ORDER granting 54 Defendants' Motion to Extend Time to file summary judgment motion. Defendants' are granted an extension until 6/15/2015 to file their summary judgment motion and Plaintiff's deadlines are adjusted accordingly. Signed by Magistrate Judge Cynthia Reed Eddy on 4/29/2015. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (bsc) Modified on 5/1/2015 to correct typo. (ksa) (Entered: 04/30/2015)	April 30, 2015
58	TEXT ORDER granting 57 Motion to Extend Time to file summary judgment motion. Defendants are granted an extension until 7/15/2015 to file their summary judgment motion and Plaintiff's deadlines are adjusted accordingly. Signed by Magistrate Judge Cynthia Reed Eddy on 6/15/2015. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 06/15/2015)	June 15, 2015
60	ORDER granting 59 Motion to Extend Time to file summary judgment motion. Defendants' are granted an extension until 7/30/15 to file their summary judgment motion and Plaintiff's deadlines are adjusted accordingly. Signed by Magistrate Judge Cynthia Reed Eddy on 7/15/15. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J) (Entered: 07/15/2015)	July 15, 2015
64	TEXT ORDER Response/Briefing Schedule re 61 Plaintiff's Motion for Summary Judgment. Defendants shall file a brief in opposition on or before 8/31/2015. Plaintiff, if he so chooses, may file a Reply by 9/4/2015. Signed by Magistrate Judge Cynthia Reed Eddy on 7/21/2015. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 07/21/2015)	July 21, 2015
66	TEXT ORDER granting 65 Defendants' Motion to Extend Time to file summary judgment. Defendants' Motion for Summary Judgment is due on or before August 6, 2015. Plaintiff's response deadline is adjusted accordingly. Signed by Magistrate Judge Cynthia Reed Eddy on 7/30/2015. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 07/30/2015)	July 30, 2015
74	ORDER denying as moot 71 Motion to Strike 68 Brief in Support of Motion. Plaintiff may exceed the page limitation if necessary in his Response. Signed by Magistrate Judge Cynthia Reed Eddy on 8/10/15. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.) (Entered: 08/10/2015)	Aug. 10, 2015
75	TEXT ORDER Response/Briefing Schedule re 67 Defendants' Motion for Summary Judgment. Plaintiff shall file a Brief in Opposition on or before 9/18/2015. Defendants' Reply may be filed on or before 10/2/2015. Signed by Magistrate Judge Cynthia Reed Eddy on 8/19/2015. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 08/19/2015)	Aug. 19, 2015
77	TEXT ORDER granting 76 Motion for Extension of Time to File Response to Plaintiff's Motion for Summary Judgment 61 . Responses due by 9/30/2015; Reply due by 10/8/2015. No future requests for extensions will be granted. Signed by Magistrate Judge Cynthia Reed Eddy on 9/1/2015. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 09/01/2015)	Sept. 1, 2015
78	ORDER : The Presumptive trial date of 11/16/2015 has been canceled until further ORDER of COURT. Signed by Magistrate Judge Cynthia Reed Eddy on 9/18/15. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (jlh) (Entered: 09/18/2015)	Sept. 18, 2015
86	TEXT ORDER − Based on Plaintiff's representation that he withdraws his claims for relief against Defendant Kerestes, see ECF No. 79 foot note 1, Defendant Kerestes is hereby DISMISSED from this lawsuit. Signed by Magistrate Judge Cynthia Reed Eddy on 2/1/2016. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (bsc) Modified on 2/2/2016 to edit docket text. (ksa) (Entered: 02/01/2016)	Feb. 1, 2016
88	ORDER: A Status Conference is scheduled for 3/3/16 at 2:00 PM in Room 10160 before Magistrate Judge Cynthia Reed Eddy for the purpose of scheduling further proceedings. All counsel must attend and bring their calendars to the conference. Signed by Magistrate Judge Cynthia Reed Eddy on 2/18/16. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.) (Entered: 02/18/2016)	Feb. 18, 2016
	Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Status / Scheduling Conference held on 3/3/2016. In attendance for Plaintiff were: Richard L. Etter, Stefanie Lepore Burt, Bret Grote, Dustin McDaniel, and Harold J. Engel. In attendance for Defendants were Mary Lynch Friedline and Scott A. Bradley. The parties indicated a willingness to return to mediation before Judge Kenneth Benson. The Court discussed the Pretrial Order which will be entered on this date. (Court Reporter: none) Text−only entry; no PDF document will issue. This text−only entry constitutes a Minute of the Court or Notice on the matter. (bsc) (Entered: 03/03/2016)	March 3, 2016
90	ORDER : A Conference Call has been scheduled for 5/12/2016 at 02:00 PM before Magistrate Judge Cynthia Reed Eddy. Counsel for the plaintiff shall initiate the call. Signed by Magistrate Judge Cynthia Reed Eddy on 5/5/16. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (jlh) (Entered: 05/05/2016)	May 5, 2016