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Third Circuit Reverses Dismissal of Federal Prisoner’s Eighth Amendment Suit
Loaded on March 1, 2016
by Derek Gilna
published in Prison Legal News
March, 2016, page 60
Filed under:
Guard Misconduct,
Failure to Protect (General),
Eighth Amendment.
Location:
Pennsylvania.
Norman N. Shelton, confined in the Special Management Unit (SMU) at the U.S. Penitentiary in Lewisburg, Pennsylvania, filed suit alleging that prison officials had “engaged in a pattern, practice, or policy of improperly placing inmates who are known to be hostile to each other in the same cell.” SMUs …
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More from this issue:
- New York City Pays $41 Million for Wrongful Convictions in Central Park Jogger Rape Case, by Derek Gilna
- Widespread Corruption in L.A. County Jails Leads to Federal Investigation, Indictments, by David Reutter
- Wrongfully Convicted Members of “Beatrice Six” Entitled to Compensation Despite False Confessions; Eighth Circuit Reinstates Lawsuit, by Lonnie Burton
- Federal Jury Awards $950,000 to Prisoners Beaten at L.A. County Jail, by Derek Gilna
- Report Highlights Continuing Problems with Florida Department of Corrections, by Derek Gilna
- Federal Judge Refuses to Dismiss Suit Filed by Widow of Workplace-Harassed Prison Guard, by Derek Gilna
- Former Prisoner Appointed to New York City Board of Correction, by Gary Hunter
- Exonerated Illinois Man Receives $7.6 Million Settlement, by David Reutter
- Third Circuit Reverses Dismissal of Federal Prisoner’s Eighth Amendment Suit, by Derek Gilna
- Settlement, Judgment End Postcard-only Policies at Two Kansas Jails, by David Reutter
- Iowa Prisoner May Have Restitution Deductions from Prison Wages Increased
- $250,000 Settlement in Ohio Detainee’s Jail Suicide , by David Reutter
- Prison Populations Worldwide, by Jessica Jacobson
- Tennessee: Theft, Misconduct Charges Pending Against Former Jail Supervisor, Son, by David Reutter
- Jury Awards $40,000 to Transgender Prisoner Raped at Florida Jail
- Federal Prisoner Wins $300,000 Judgment on Medical Negligence Claim, by Derek Gilna
- $1,001 Default Judgment in Michigan - Prisoner’s Retaliation Suit
- Eleventh Circuit: Expiration of Preliminary Injunction Moots Appeal, by David Reutter
- Justice Department Report: Homicide Rate at Lowest Level Since 1963, by Derek Gilna
- Arkansas Prisoner Prevails in Excessive Force Case, by David Reutter
- Former California Jail Psychiatrist Placed on Probation, by Derek Gilna
- Supreme Court: Retroactivity Ends Mandatory Juvenile LWOP Sentences, by Derek Gilna
- Judge Orders Ohio County to Cap Jail Population, Release Prisoners, by Joe Watson
- Last Member of “Angola 3” Released from Louisiana Prison after 44 Years, by David Reutter
- Guidelines Issued to Safeguard Rights of Pregnant Canadian Prisoners and their Children, by Derek Gilna
- Settlement Reached in California Psychiatric Disabilities Class-action Suit, by Matthew Clarke
- D.C. Appellate Court Reverses $2.3 Million Wrongful Imprisonment Award, by Derek Gilna
- PLN Obtains Confidential CCA Litigation Records in Tennessee, by David Reutter
- Settlements in St. Louis Jail Detainee’s Heroin Withdrawal Death, by David Reutter
- Texas County Jail, Beset by Prisoner Deaths, has Highest Suicide Rate, by Matthew Clarke
- New Michigan Law Requires Sex Offenders to Pay $50 Annual Fee; Court Challenge Fails, by Derek Gilna
- Prison Supply Chains Reveal Some Surprises , by Adeshina Emmanuel
- Tennessee: Federal Court Orders Interim Medical Care in Prisoner’s Pro Se Suit
- Sexual Harassment, Abuse Alleged at Oklahoma Halfway House for Women, by Joe Watson
- $65,000 Settlement Plus Fees and Costs in New York City Jail Assault Suit
- Kansas Sex Offender Civil Commitment Program Under Scrutiny, by Matthew Clarke
- New Mexico Corrections Department Bans Prisoner Social Media, Pen Pal Postings, by Mark Wilson
- Reproductive Health Care in Women’s Prisons “Painful” and “Traumatic”, by Victoria Law
- Prison Policy Initiative Releases Report on Email Services for Prisoners, by Derek Gilna
- Professor Urges Study of Unintended Consequences of Court-ordered Prison Reform, by Derek Gilna
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- Prison Ecology and the Water Crisis in Flint, Michigan, by Panagioti Tsolkas
- Oklahoma DOC, Sheriffs Challenge FCC’s Prison Phone Reforms, by Carrie Wilkinson
- Mississippi: More Contraband Found at Private Prisons
- Suicides, Poor Conditions at D.C. Jail Remain Critical Issues Despite Progress, by Derek Gilna
- From the Editor, by Paul Wright
- News in Brief
More from Derek Gilna:
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022
- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, Sept. 1, 2021
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, Sept. 1, 2021
- The Fight Over Cellphones in Prisons Rages On, Sept. 1, 2021
- District Court Extends Armstrong Order to Five Additional California Prisons, Sept. 1, 2021
- HRDC Settles Censorship Lawsuit with Johnson County, Kansas Jail for $50,000 and Policy Changes, Aug. 1, 2021
- Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop, July 15, 2021
- Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, June 15, 2021
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, April 15, 2021
- Mississippi Joins Illinois and Few Other States Prioritizing Vaccination of State Prisoners to Slow Spread of COVID-19, April 1, 2021
More from these topics:
- Eleventh Circuit Upholds Most of Relief Ordered in Class-Action Lawsuit Challenging Unconstitutionally Inadequate Mental Health Care in Alabama Prisons, Oct. 1, 2026. Eighth Amendment, Staffing, Injunctions (PLRA), Failure to Treat (Mental Illness), Suicides.
- South Carolina Supreme Court Reverses Class Action Status in Prisoners’ Sexual Assault Lawsuit, Oct. 1, 2026. Sexual Assault, Failure to Protect (General), Class Certification, Prison Rape Elimination Act, Appealable Issues/Orders.
- San Francisco Jail Survey Exposes Abuse, Malnutrition and Constitutional Violations, Oct. 1, 2026. Failure to Protect (General), Food, Guard Brutality/Beatings, Attorney Visits, Pretrial Detention and Detainees.
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Failure to Train/Supervise, Monell Liability.
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026. Failure to Protect (General), Staffing, Security Systems, Summary Judgment, Deliberate Indifference.
- L.A. County Begins Making Nearly $5 Billion in Payouts to Survivors of Sex Abuse in Juvenile Detention, Sept. 1, 2026. Sexual Assault, Staff-Prisoner Assault, Prisoner-Prisoner Assault, Guard Misconduct, Jail Misconduct, Settlements, Juvenile Offenses/Offenders.
- “Nothing Short of Disgraceful”: New York Prisoner Wins Injunction Ordering Cancer Treatment Delayed Seven Years, Sept. 1, 2026. Cancer, Failure to Treat, Eighth Amendment, Injunctions, Deliberate Indifference.
- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Sept. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Obstruction of Justice.
- Four Massachusetts Guards Face Charges for Assault on Prisoners During Brawl, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings.
- Last of 11 Guards Sentenced in Death of New York Prisoner, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death), False Statements/Perjury, Obstruction of Justice.

