SHELTON v. BLEDSOE

No. 12-4226.

775 F.3d 554 (2015)

Norman SHELTON, Appellant, v. Bryan A. BLEDSOE, Warden of USP Lewisburg; Thomas A. Kane, Acting Director of Bureau of Prisons; Joseph Norwood, Regional Director of the Northeast Bureau of Prisons; Chuck Maiorana, Associate Warden at USP Lewisburg; Krista Bahre, Associate Warden at USP Lewisburg; James Dunkelberger, Case Manager Coordinator at USP Lewisburg; John Adami, Unit Manager at USP Lewisburg; J. Fosnot, Acting Captain of Security at USP Lewisburg; F. Perrin, Corrections Officer at USP Lewisburg with ranks of Lieutenant and Special Investigation Supervisor; S. Heath, Corrections Officer at USP Lewisburg with ranks of Lieutenant and Special Investigation Supervisor; Nelson Drees, Corrections Officer at USP Lewisburg with ranks of Lieutenant and Special Investigation Supervisor; Whitaker, Corrections Officer at USP Lewisburg; Rupert, Correction Officer, Corrections Officer at USP Lewisburg; ZERDES, Corrections Officer at USP Lewisburg; Roop, Corrections Officer at USP Lewisburg; Wells, Corrections Officer at USP Lewisburg; Potter, Corrections Officer at USP Lewisburg; Kulago, Corrections Officer at USP Lewisburg; Fisher, Corrections Officer at USP Lewisburg; Moffit, Corrections Officer at USP Lewisburg; Combe, Corrections Officer at USP Lewisburg; The United States of America, through its department, The Federal Bureau of Prisons John Doe Correction Officers.

United States Court of Appeals, Third Circuit.

Opinion Filed: January 7, 2015.


Attorney(s) appearing for the Case

Stephen D. Brown, Esq. , Christine C. Levin, Esq. (argued), Jennifer L. Burdick, Esq. , Francis J. Demody, Esq. , Sean P. McConnell , Dechert LLP, Philadelphia, PA, for Plaintiff-Appellant.

Michael J. Butler, Esq. (argued), Office of United States Attorney, Harrisburg, PA, for Defendants-Appellees.

Before: McKEE, Chief Judge, SMITH and SLOVITER, Circuit Judge.


OPINION OF THE COURT

Norman Shelton appeals the district court's denial of class certification and grant of summary judgment in favor of defendants on Shelton's claims for alleged violations of the Eighth Amendment and the Federal Tort Claims Act ("FTCA"). For the reasons that follow, we will vacate the order denying...

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