CLARK v. COUPE

No. 21-2310.

55 F.4th 167 (2022)

*Antoine CLARK, as personal representative for Angelo Clark, Appellant, v. Robert COUPE, DOC Commissioner; Perry Phelps; David Pierce; Major Jeffrey Carrothers; Captain Burton; Captain Rispoli; Captain Willy; Dr. William Ray Lynch; Dr. Paola Munoz; Dr. David Yunis; Rhonda Montgomery; Susan Mumford; Stephanie D. Johnson; Connections Community Support Programs Inc; Stefanie Streets; Stephanie Evans-Mitchell; Carol Vodvarka; Carol Vandrunen; Lezley Sexton *(Amended pursuant to Clerk's Order dated 2/1/22)

United States Court of Appeals, Third Circuit.

Filed: November 28, 2022.


Attorney(s) appearing for the Case

Dwayne J. Bensing [ARGUED], Susan L. Burke , American Civil Liberties Union, 100 West 10th Street, Suite 706, Wilmington, DE 19801, Chad S.C. Stover , Barnes & Thornburg, 222 Delaware Avenue, Suite 1200, Wilmington, DE 19801, Counsel for Appellant.

Ryan T. Costa [ARGUED], Kenneth L. Wan , Office of Attorney General of Delaware, Delaware Department of Justice, 6th Floor, 820 North French Street, Carvel Office Building, Wilmington, DE 19801, Counsel for Appellee.

Peter M. Slocum , Lowenstein Sandler, One Lowenstein Drive, Roseland, NJ 07068, Counsel for Amicus Appellant National Disability Rights Network.

Daniel Greenfield , Northwestern Pritzker School of Law, MacArthur Justice Center, 375 East Chicago Avenue, Chicago, IL 60611, Counsel for Amicus Appellant Roderick & Solange, MacArthur Justice Center.

Laura L. Rovner , Tempest Cantrell (law student), Chris Nafekh (law student), Katie Scruggs (law student), University of Denver, Civil Rights Clinic, 2255 East Evans Avenue, Suite 335, Denver, CO 80208, Counsel for Amicus Appellants Richard Morgan and Dan Pacholke.

Brian Biggs , DLA Piper, 1201 North Market Street, Suite 2100, Wilmington, DE 19801, Counsel for Amicus Appellant Professors and Practitioners of Psychiatry Psychology and Medicine.

Before: RESTREPO, ROTH and FUENTES, Circuit Judges.


OPINION OF THE COURT

Angelo Clark, a prisoner diagnosed with manic depression and paranoid schizophrenia, brought an as-applied claim alleging his months-long placement in solitary confinement violated his constitutional rights.1 The District...

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