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SHORTER v. UNITED STATES

No. 20-2554.

12 F.4th 366 (2021)

Christopher "Chrissy" SHORTER, Appellant v. UNITED STATES of America; Jordan Hollingsworth, Warden; Christine Dynan, Associate Warden; Robert Hazzlewood, Associate Warden; Dr. Marantz, Chief of Psychology; Unknown Pena, Captain; Officer Bittner, Lieutenant, Special Investigative Supervisor; Unknown Hamel, Counselor; Carl Sceusa, MD/CCHP; Unknown Byrd, Unit Manager; Unknown, PREA Compliance Manager.

United States Court of Appeals, Third Circuit.

Opinion filed September 1, 2021.

Attorney(s) appearing for the Case

Kelly J. Popkin (Argued), Rights Behind Bars, 276 Stratford Road, Brooklyn, NY 11218, Samuel Weiss , Rights Behind Bars, 416 Florida Avenue NW, #26152, Washington, DC 20001, Counsel for Appellant.

J. Andrew Ruymann , United States Attorney's Office, 970 Broad Street, Room 700, Newark, NJ 07102, John T. Stinson, Jr. (Argued), United States Attorney's Office, 402 East State Street, Room 430, Trenton, NJ 08608, Counsel for Appellees.

Kevin M. Costello , Harvard Law School, Center for Health Law & Policy Innovation, 1585 Massachusetts Avenue, Cambridge, MA 02138, Counsel for Amici Appellants Civil Rights Advocacy and Public Interest Organizations.

Alexander L. Chen , T. Keith Fogg , Legal Services Center of Harvard Law School, 122 Boylston Street, Jamaica Plain, MA 02130, Counsel for Amici Appellants Former Corrections Officials.

Before: AMBRO, RESTREPO, and RENDELL, Circuit Judges.

OPINION OF THE COURT

Chrissy Shorter is a transgender woman who alleges she was stabbed and raped by a fellow inmate while in federal prison despite having warned prison officials repeatedly that she was concerned about being assaulted. She brought a pro se suit under Bivens v. Six Unknown Named Agents of...

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