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 …

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 rights by keeping him in solitary confinement for 22 consecutive years.

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.

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)

Attorney for Plaintiff

Burt, Stefanie Lepore (Pennsylvania)

Attorney for Defendant

Bradley, Scott A. (Pennsylvania)

Expert/Monitor/Master/Other

AFFRONTI, SUSAN ELIZABETH (Pennsylvania)

DOLGENOS, THOMAS W. (Pennsylvania)

Documents in the Clearinghouse

Documents in this case

2:13-cv-00657

Docket [PACER]

Shoatz v. Wetzl

July 25, 2016

July 25, 2016

Docket
1

2:13-cv-00657

Complaint

Shoatz v. Wetzl

May 8, 2013

May 8, 2013

Complaint
29

2:13-cv-00657

Memorandum Opinion and Order

Jan. 27, 2014

Jan. 27, 2014

Order/Opinion

2014 294988

50

2:13-cv-00657

First Amended Complaint

Nov. 21, 2014

Nov. 21, 2014

Complaint
87

2:13-cv-00657

Memorandum Opinion and Order

Feb. 12, 2016

Feb. 12, 2016

Order/Opinion

2016 WL 595337

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

April 14, 2016

Correspondence

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

April 14, 2016

Press Release

Resources

Docket

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

Last updated Nov. 3, 2026, 1:13 a.m.

Docket for: SHOATZ v. WETZEL
ECF Number Date Description Link
1 May 8, 2013

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

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2 Summons for John E. Wetzel

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3 Summons for Louis S. Folino

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4 Summons for John Kerestes

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RECAP
May 8, 2013

Summons Issued as to *LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL* (ksa)

2 May 9, 2013

NOTICE of Appearance by Stefanie A. Lepore on behalf of RUSSELL SHOATZ. (Lepore, Stefanie) (Entered: 05/09/2013)

RECAP
3 May 9, 2013

NOTICE of Appearance by Dustin McDaniel on behalf of RUSSELL SHOATZ. (McDaniel, Dustin) (Entered: 05/09/2013)

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4 May 30, 2013

NOTICE of Appearance by Scott A. Bradley on behalf of LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL. (Bradley, Scott) (Entered: 05/30/2013)

RECAP
5 June 3, 2013

WAIVER OF SERVICE Returned Executed by RUSSELL SHOATZ. JOHN E. WETZEL waiver sent on 5/8/2013, answer due 7/8/2013. (Lepore, Stefanie) (Entered: 06/03/2013)

RECAP
6 June 3, 2013

WAIVER OF SERVICE Returned Executed by RUSSELL SHOATZ. LOUIS S. FOLINO waiver sent on 5/8/2013, answer due 7/8/2013. (Lepore, Stefanie) (Entered: 06/03/2013)

RECAP
7 June 3, 2013

WAIVER OF SERVICE Returned Executed by RUSSELL SHOATZ. JOHN KERESTES waiver sent on 5/8/2013, answer due 7/8/2013. (Lepore, Stefanie) (Entered: 06/03/2013)

RECAP
8 June 4, 2013

ORDER : Rule 26 Meeting to be conducted on or before 6/21/2013. Willingness to proceed before Magistrate Judge due by 6/21/2013. A Case Management Conference has been scheduled for 7/9/2013 at 10:00 AM before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 6/4/2013. (jlh ) (Entered: 06/04/2013)

RECAP
9 June 18, 2013

CONSENT to Trial/Jurisdiction by US Magistrate Judge by LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL. (Bradley, Scott) (Entered: 06/18/2013)

RECAP
10 June 18, 2013

CONSENT to Trial/Jurisdiction by US Magistrate Judge by RUSSELL SHOATZ. (Lepore, Stefanie) (Entered: 06/18/2013)

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11 June 21, 2013

PROPOSED DISCOVERY PLAN pursuant to Rule 26(f) by RUSSELL SHOATZ. (Lepore, Stefanie) (Entered: 06/21/2013)

RECAP
12 July 3, 2013

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL. (Attachments: # 1 Proposed Order) (Bradley, Scott) (Entered: 07/03/2013)

1 Proposed Order

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RECAP
13 July 3, 2013

BRIEF in Support re 12 Motion to Dismiss for Failure to State a Claim filed by LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL. (Bradley, Scott) (Entered: 07/03/2013)

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14 July 8, 2013

NOTICE of Appearance by Daniel M. Kovalik on behalf of RUSSELL SHOATZ. (Kovalik, Daniel) (Entered: 07/08/2013)

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15 July 9, 2013

Unopposed MOTION for Extension of Time to File Response/Reply as to 13 Brief in Support of Motion, 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by RUSSELL SHOATZ. (Attachments: # 1 Proposed Order) (Kovalik, Daniel) (Entered: 07/09/2013)

1 Proposed Order

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16 July 9, 2013

Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Case Management Conference held on 7/9/2013. Conference continued until August 13, 2013 at 11:00 A.M. (Court Reporter: none) (bsc) (Entered: 07/09/2013)

RECAP
17 July 9, 2013

ORDER granting 15 Motion for Extension of Time to File Response to 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Plaintiff shall file his Response in opposition on or before 9/3/2013. Signed by Magistrate Judge Cynthia Reed Eddy on 07/09/2013. (bsc) (Entered: 07/09/2013)

RECAP
July 9, 2013

ORDER : The 7/9/2013 Case Management Conference has been continued until 8/13/2013 at 11:00 AM before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 7/9/2013. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jlh )

18 July 31, 2013

MOTION for attorney Harold J. Engel to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2873472) by RUSSELL SHOATZ. (Engel, Harold) (Entered: 07/31/2013)

RECAP
19 July 31, 2013

Errata re 18 Motion to Appear Pro Hac Vice by RUSSELL SHOATZ. Reason for Correction: Failed to attach additional documents. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Proposed Order) (Engel, Harold) (Entered: 07/31/2013)

1 Affidavit

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2 Exhibit A

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3 Proposed Order

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Aug. 1, 2013

ORDER granting 18 Motion for Harold J. Engel to Appear Pro Hac Vice. Signed by Magistrate Judge Cynthia Reed Eddy on 08/01/2013. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Eddy, Cynthia)

Aug. 13, 2013

Text Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Case Management Conference held on 8/13/2013. The parties are to file a revised proposed Case Management Order on or before August 16, 2013. (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)

Aug. 13, 2013

Set Response: Plaintiff's Response to Motion to Dismiss 12 shall be filed on or before 9/30/2013. Defendants may file a Reply to the Response on or before October 21, 2013. (bsc)

20 Aug. 20, 2013

Joint Proposed Case Management Order by RUSSELL SHOATZ. (Kovalik, Daniel) Modified on 8/21/2013 to add additional docket text. (ksa) (Entered: 08/20/2013)

RECAP
21 Aug. 21, 2013

CASE MANAGEMENT ORDER: Amended Pleadings due by 10/17/2013. Joinder of Parties due by 10/17/2013. Discovery due by 12/13/2013. Plaintiffs Expert Reports due by 1/13/2014. Defendants Expert Reports due by 2/13/2014. Expert Depositions to be completed by 3/13/2014. Summary Judgment due by 4/13/2014. Response to Summary Judgment due by 5/13/2014. Post-discovery/ Settlement Conference scheduled for 1/6/2014 at 10:00 AM in Room 10160 before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 8/21/13. (jlh) (Entered: 08/21/2013)

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22 Sept. 4, 2013

STATUS REPORT by LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL. (Bradley, Scott) (Entered: 09/04/2013)

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Sept. 6, 2013

Set/Reset Hearings: A mediation conference is scheduled in this case for October 30, 2013 at 10:00 AM, in Courtroom 9A. Prior to the mediation, Plaintiff's counsel is to advise the court whether Plaintiff intends to appear at the mediation via video conferencing so necessary arrangements can be made. (kcc)

23 Sept. 17, 2013

BRIEF in Opposition re 12 Motion to Dismiss for Failure to State a Claim filed by RUSSELL SHOATZ. (Lepore, Stefanie) (Entered: 09/17/2013)

RECAP
24 Oct. 21, 2013

REPLY re 23 Brief in Opposition to Motion filed by LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL. (Bradley, Scott) Modified on 10/22/2013 to edit docket text. (ksa) (Entered: 10/21/2013)

RECAP
Oct. 30, 2013

REPORT of Prisoner Mediation: Mediation Result: Per email received from Selina Shultz, the case Did Not Settle but there is progress and the mediation is still open and the parties are going to continue to try and resolve it. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (sdm, ) Modified on 10/31/2013 to add text-only info. (ksa)

25 Nov. 4, 2013

Unopposed MOTION to Amend/Correct 21 Scheduling Order and Extend Time to Complete Discovery by RUSSELL SHOATZ. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Lepore, Stefanie) Modified on 11/5/2013 to add document linkage and ERROR: MULTIPLE RELIEF DOCUMENT FILED AS ONE RELIEF; RE-FILED BY COURT. (ksa) (Entered: 11/04/2013)

1 Exhibit A

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2 Proposed Order

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Nov. 4, 2013

TEXT NOTICE. Counsel are advised that the Court has scheduled a telephone status conference in this case for Tuesday, November 12, 2013 at 11:30 am. Plaintiff's counsel shall initiate the call and have Defendant's counsel on the line before calling into chambers - 412-208-7490. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (bsc) Modified on 11/5/2013 to add text-only info. (ksa)

Nov. 4, 2013

MOTION for Extension of Time to Complete Discovery by RUSSELL SHOATZ. (Filed with document 25 ) (ksa)

Nov. 5, 2013

ORDER granting 25 Motion to Amend/Correct Scheduling Order. The parties are further ORDERED to file a Proposed Joint Amended Case Management Order on or before 10:00 AM on 11/12/2013. The telephone status conference scheduled for 11/12/2013 will take place as previously ordered. Signed by Magistrate Judge Cynthia Reed Eddy on 11/5/2013. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Eddy, Cynthia)

Nov. 5, 2013

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 25 Motion to Amend/Correct. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney Lepore advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion to Extend Time to Complete Discovery. This message is for informational purposes only. (ksa)

26 Nov. 8, 2013

JOINT Amended Proposed Case Management Order by RUSSELL SHOATZ. (Etter, Richard) Modified on 11/13/2013 to add additional docket text. (ksa) (Entered: 11/08/2013)

RECAP
27 Nov. 12, 2013

AMENDED CASE MANAGEMENT ORDER: Amended Pleadings due by 1/15/2014. Fact Discovery due by 3/13/2014. Expert Discovery to be completed by 6/13/2014. Plaintiff's Expert Reports due by 4/14/2014. Defendants' Expert Reports due by 5/14/2014. Summary Judgment due by 7/14/2014. Response to Summary Judgment due by 8/13/2014. Post-discovery status/settlement Conference set for 4/8/2014 10:00 AM in Courtroom 10A before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 11/12/13. (bsc) (Entered: 11/12/2013)

RECAP
Nov. 12, 2013

TEXT Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Telephone Status Conference held on 11/12/2013. An Amended Case Management Order will be entered. Discovery is NOT stayed during the pendency of the Motion to Dismiss. (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)

28 Dec. 18, 2013

NOTICE of Appearance by Bret Grote on behalf of RUSSELL SHOATZ. (Grote, Bret) (Entered: 12/18/2013)

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29 Jan. 27, 2014

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) (Entered: 01/27/2014)

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Jan. 27, 2014

Update Answer Deadline: Answer due from All Defendants 2/10/2014. (bsc) Modified on 1/29/2014 to indicate date answer is due. (ksa)

30 Feb. 10, 2014

MOTION for Extension of Time to File Answer re 1 Complaint, filed by RUSSELL SHOATZ by LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL. (Attachments: # 1 Proposed Order) (Bradley, Scott) (Entered: 02/10/2014)

1 Proposed Order

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Feb. 10, 2014

TEXT ORDER granting 30 Defendants' Motion for Extension of Time to Answer Complaint. Defendants' Answer shall be filed on or before February 20, 2014. Signed by Magistrate Judge Cynthia Reed Eddy on 2/10/2014. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)

31 Feb. 20, 2014

ANSWER to 1 Complaint, by LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL. (Bradley, Scott) (Entered: 02/20/2014)

RECAP
Feb. 21, 2014

TEXT ORDER. Counsel are reminded of the deadlines established in the Amended Case Management Order 27 : Fact Discovery due by 3/13/2014. Expert Discovery to be completed by 6/13/2014. Plaintiff's Expert Reports due by 4/14/2014. Defendants' Expert Reports due by 5/14/2014. Summary Judgment due by 7/14/2014. Response to Summary Judgment due by 8/13/2014. Post-discovery status/settlement Conference set for 4/8/2014 10:00 AM in Courtroom 10A before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 2/21/2014. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)

32 Feb. 24, 2014

STATUS REPORT by LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL. (Bradley, Scott) (Entered: 02/24/2014)

RECAP
33 March 13, 2014

MOTION to Amend/Correct 27 Case Management Order, by RUSSELL SHOATZ. (Attachments: # 1 Scheduling Motion Certificate, # 2 Proposed Order #1, # 3 Proposed Order #2) (Burt, Stefanie) (Entered: 03/13/2014)

1 Scheduling Motion Certificate

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2 Proposed Order #1

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3 Proposed Order #2

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March 13, 2014

MOTION for Extension of Time to Complete Discovery by RUSSELL SHOATZ. (Filed with document 33 ) (ksa)

March 14, 2014

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 33 Motion to Amend/Correct. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney Burt advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion for Extension of Time to Complete Discovery. This message is for informational purposes only. (ksa)

34 March 15, 2014

JOINT AMENDED CASE MANAGEMENT ORDER granting 33 Motion to Amend/Correct & Motion for Extension of Time to Complete Discovery. Discovery due by 5/12/2014. Plaintiff's Expert Reports due by 6/12/2014, Defendants' Expert Reports due by 6/26/2014, Expert Depositions to be completed by 7/3/2014. Summary Judgment due by 8/29/2014, Response to Summary Judgment due by 9/26/2014. Status Conference set for 5/16/2014 10:00 AM in Courtroom 10A before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 3/15/2014. (bsc) (Entered: 03/15/2014)

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35 May 12, 2014

MOTION to Amend/Correct 34 Scheduling Order, MOTION for Extension of Time to Complete Discovery by RUSSELL SHOATZ. (Attachments: # 1 PROPOSED JOINT AMENDED CASE MANAGEMENT ORDER, # 2 Proposed Order) (Burt, Stefanie) Modified on 5/13/2014 document linkage corrected. Document linked to document 34 . (ksa) (Entered: 05/12/2014)

1 PROPOSED JOINT AMENDED CASE MANAGEMENT ORDER

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2 Proposed Order

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36 May 12, 2014

SECOND AMENDED CASE MANAGEMENT ORDER: Discovery due by 7/11/2014. Plaintiff's Expert Reports due by 8/8/2014. Defendants' Expert Reports due by 8/22/2014. Expert Depositions to be completed by 9/5/2014. Summary Judgment motions due by 10/3/2014. Response to Summary Judgment motions due by 10/17/2014. Post discovery/status Conference scheduled for 8/14/2014 10:00 AM in Courtroom 10A before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 5/12/2014. (bsc) (Entered: 05/12/2014)

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May 12, 2014

TEXT ORDER granting 35 Motion to Amend/Correct; granting 35 Motion for Extension of Time to Complete Discovery. The status conference originally scheduled for 5/16/14 has been rescheduled to 8/14/14 at 10:00 A.M. Signed by Magistrate Judge Cynthia Reed Eddy on 5/12/2014. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)

May 13, 2014

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 35 Motion to Amend/Correct, Motion for Extension of Time to Complete Discovery. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa)

37 July 1, 2014

MOTION to Amend/Correct 36 Case Management Order and Extend Time to Complete Discovery by RUSSELL SHOATZ. (Attachments: # 1 Proposed Order, # 2 Exhibit) (Burt, Stefanie). Added MOTION to Extend Time on 7/2/2014 (map). (Entered: 07/01/2014)

1 Proposed Order

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2 Exhibit

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38 July 2, 2014

ORDER granting 37 MOTION to Amend/Correct 36 Case Management Order and Extend Time to Complete Discovery. Discovery due by 7/31/2014. A Status Conference has been scheduled for 7/11/2014 at 10:00 AM in Room 10160 before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 7/2/2014. (jlh ) (Entered: 07/02/2014)

RECAP
July 11, 2014

Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Status Conference held on 7/11/2014. Stefanie Burt and Bret Grote appeared as counsel for Plaintiff; Scott Bradley appeared as counsel for Defendants. The status conference was continued until 8/1/2014 at 10:00 AM to allow the parties to engage in settlement discussions. The parties were also instructed that if the 7/31/2014 discovery deadline needs to be extended, they are to file a motion to that effect prior to the deadline expiring. (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. (bap)

July 11, 2014

ORDER: A Status Conference is scheduled for 8/1/2014 at 10:00 AM in Room 10160 before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 07/11/2014. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bap)

39 July 31, 2014

Joint MOTION for Extension of Time to Complete Discovery by LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL. (Attachments: # 1 Proposed Order) (Bradley, Scott) (Entered: 07/31/2014)

1 Proposed Order

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40 Aug. 1, 2014

ORDER granting 39 Motion for Extension of Time to Complete Discovery. Discovery due by 11/6/2014. Post Discovery/Settlement Conference scheduled for 11/12/2014 at 10:00 AM in Room 10160 before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 8/1/2014. (jlh ) (Entered: 08/01/2014)

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Aug. 1, 2014

Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Status Conference held on 8/1/2014. Richard Etter for Plaintff; Scott Bradley for Defendant. (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. (bap)

41 Oct. 2, 2014

NOTICE of Appearance by Mary Lynch Friedline on behalf of LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL. (Friedline, Mary) (Entered: 10/02/2014)

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42 Oct. 15, 2014

MOTION for Protective Order by LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL. (Attachments: # 1 Exhibit s A-E, # 2 Proposed Order) (Bradley, Scott) (Entered: 10/15/2014)

1 Exhibit s A-E

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2 Proposed Order

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43 Oct. 16, 2014

MOTION to Amend/Correct 1 Complaint, by RUSSELL SHOATZ. (Attachments: # 1 Brief in Support, # 2 Exhibit, # 3 Proposed Order) (Grote, Bret) (Entered: 10/16/2014)

1 Brief in Support

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2 Exhibit

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3 Proposed Order

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45 Oct. 16, 2014

BRIEF in Support re 43 Motion to Amend/Correct filed by RUSSELL SHOATZ. (ksa) (Entered: 10/17/2014)

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Oct. 16, 2014

ORDER Response/Briefing Schedule re 42 Motion for Protective Order. The Response is due by 10:00 AM on 10/20/2014. Signed by Magistrate Judge Cynthia Reed Eddy on 10/16/14. 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.)

44 Oct. 17, 2014

ORDER granting 43 Motion for leave to amend Complaint to add individual capacity suits against all Defendants. Signed by Magistrate Judge Cynthia Reed Eddy on 10/17/2014. (bsc ) (Entered: 10/17/2014)

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Oct. 17, 2014

ORDER: The Status Conference previously scheduled for 11/12/14, is rescheduled for 11/21/14 at 10:00 AM in Room 10160 before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 10/17/14. 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.)

Oct. 17, 2014

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 43 Motion to Amend/Correct. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney Grote advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Brief in Support of Motion to Amend Complaint. This message is for informational purposes only. (ksa)

46 Oct. 20, 2014

BRIEF in Opposition re 42 Motion for Protective Order filed by RUSSELL SHOATZ. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Grote, Bret) Modified on 10/21/2014 to edit docket text. (ksa) (Entered: 10/20/2014)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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47 Oct. 21, 2014

NOTICE of Appearance by Yana L. Warshafsky on behalf of LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL. (Warshafsky, Yana) (Entered: 10/21/2014)

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48 Oct. 21, 2014

REPLY to 46 Reply Brief re 42 Motion for Protective Order filed by LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL. (Warshafsky, Yana) Modified on 10/23/2014. (jsp) (Entered: 10/21/2014)

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49 Oct. 21, 2014

ORDER granting 42 Motion for Protective Order. It is ORDERED that the deposition of John E. Wetzel be taken in Harrisburg at a time and date mutually agreeable to the Parties. It is further ORDERED that the pending notice of deposition or subpoena seeking testimony from Shirley Moore Smeal in this matter be and is hereby QUASHED. Signed by Magistrate Judge Cynthia Reed Eddy on 10/21/2014. (bsc) (Entered: 10/21/2014)

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50 Nov. 21, 2014

First AMENDED COMPLAINT against All Defendants. All Defendants answer due 12/5/2014, filed by RUSSELL SHOATZ. (McDaniel, Dustin) Modified on 11/24/2014 to add additional docket text. (ksa) (Entered: 11/21/2014)

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Nov. 21, 2014

TEXT Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Status Conference held on 11/21/2014. Richard L. Etter and Dustin McDaniel appeared as counsel for Plaintiff; Mary Lynch Friedline and Yana L. Warshafsky appeared as counsel for Defendants. An amended case management order will be forthcoming. 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)

51 Nov. 22, 2014

THIRD CASE MANAGEMENT ORDER: Plaintiff's Expert Reports due by 1/15/2015; Defendants' Expert Reports due by 3/13/2015; Summary Judgment motions due by 4/30/2015. Responses to Summary Judgment motions due by 5/29/2015. Replies, if any, due by 6/9/2015. Telephone Conference set for 2/2/2015 02:00 PM before Magistrate Judge Cynthia Reed Eddy. Presumptive trial date is 11/16/2015. Signed by Magistrate Judge Cynthia Reed Eddy on 11/22/2014. (bsc) Modified on 11/24/2014 to correct date defendants' expert reports are due. (ksa) (Entered: 11/22/2014)

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Nov. 24, 2014

Update Answer Deadline: Answer due from LOUIS S. FOLINO on 12/5/2014; JOHN KERESTES on 12/5/2014; JOHN E. WETZEL on 12/5/2014. (ksa)

Nov. 24, 2014

Update Deadlines: 51 Case Management Order. Text-only entry; no PDF document will issue. This text-only entry constitutes the Courts order or notice on the matter. Defendants Expert Reports due by 3/13/2015. (ksa)

52 Dec. 5, 2014

ANSWER to 50 Amended Complaint by LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL. (Bradley, Scott) (Entered: 12/05/2014)

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53 Jan. 12, 2015

MOTION to Extend Time to Complete Plaintiff's Expert Reports by RUSSELL SHOATZ. (Attachments: # 1 Proposed Order) (Grote, Bret) (Entered: 01/12/2015)

1 Proposed Order

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Jan. 12, 2015

TEXT ORDER granting 53 unopposed Motion to Extend Time to Complete Plaintiff's Expert Reports. Said reports shall be produced by 2/15/2015. Signed by Magistrate Judge Cynthia Reed Eddy on 1/12/2015. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)

Feb. 2, 2015

TEXT Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Telephone Conference held on 2/2/2015. Attorneys Etter and Grote appeared on behalf of Plaintiff; Attorney Bradley appeared on behalf of Defendants. The telephone status conference will be continued until February 17, 2015 at 2:00 PM. Plaintiff's counsel shall initiate the call and have all parties on the line. Counsel shall call in to Chambers at 412-208-7490. (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)

Feb. 17, 2015

TEXT Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Telephone Conference held on 2/17/2015. Attorney Grote appeared on behalf of Plaintiff; attorneys Bradley and Warshafsky appeared on behalf of Defendants. Deadlines established in Court's Third Case Management Order remain in effect. Conference concluded. (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)

54 April 29, 2015

MOTION to Extend Time to File Motion for Summary Judgment by LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL. (Attachments: # 1 Proposed Order) (Warshafsky, Yana) (Entered: 04/29/2015)

1 Proposed Order

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55 April 29, 2015

Errata re 54 Motion to Extend Time by LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL. Reason for Correction: Additional Information Provided. (Attachments: # 1 Proposed Order) (Warshafsky, Yana) (Entered: 04/29/2015)

1 Proposed Order

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56 April 30, 2015

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)

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April 30, 2015

Order on Motion to Extend Time

57 June 15, 2015

MOTION to Extend Time to File Motion for Summary Judgment by LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL. (Attachments: # 1 Proposed Order) (Warshafsky, Yana) (Entered: 06/15/2015)

1 Proposed Order

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58 June 15, 2015

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)

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June 15, 2015

Order on Motion to Extend Time

59 July 15, 2015

MOTION to Extend Time to File Motion for Summary Judgment by LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL. (Attachments: # 1 Proposed Order) (Warshafsky, Yana) (Entered: 07/15/2015)

1 Proposed Order

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60 July 15, 2015

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)

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61 July 15, 2015

MOTION for Summary Judgment by RUSSELL SHOATZ. (Attachments: # 1 Proposed Order, # 2 Brief in Support, # 3 Statement of Facts, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22) (Grote, Bret) (Entered: 07/15/2015)

1 Proposed Order

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2 Brief in Support

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3 Statement of Facts

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4 Exhibit 1

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5 Exhibit 2

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6 Exhibit 3

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7 Exhibit 4

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8 Exhibit 5

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14 Exhibit 11

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15 Exhibit 12

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22 Exhibit 19

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23 Exhibit 20

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24 Exhibit 21

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25 Exhibit 22

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62 July 15, 2015

BRIEF in Support re 61 Motion for Summary Judgment, filed by RUSSELL SHOATZ. (ksa) (Entered: 07/16/2015)

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63 July 15, 2015

CONCISE STATEMENT OF MATERIAL FACTS re 61 Motion for Summary Judgment, by RUSSELL SHOATZ. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22) (ksa) (Entered: 07/16/2015)

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July 15, 2015

Order on Motion to Extend Time

July 16, 2015

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 61 Motion for Summary Judgment. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney Grote advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Brief in Support of Motion for Summary Judgment and Concise Statement of Material Facts. This message is for informational purposes only. (ksa)

64 July 21, 2015

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)

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July 21, 2015

Order Response/Briefing Schedule

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Solitary confinement

Key Dates

Filing Date: May 8, 2013

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Pennsylvania state prisoner who alleges that his 22 years in solitary confinement violated his 8th and 14th Amendment rights.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Abolitionist Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Pennsylvania Department of Corrections

Pennsylvania Department of Corrections

Pennsylvania Department of Corrections

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Western District of Pennsylvania 2:13-cv-00657

Available Documents:

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

General/Misc.:

Conditions of confinement

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Disciplinary segregation

Solitary confinement/Supermax (conditions or process)

Medical/Mental Health Care:

Mental health care, general

Untreated pain

Recommended Citation