United States District Court, M.D. Pennsylvania
NORMAN N. SHELTON, Plaintiff
WARDEN BLEDSOE, et al., Defendants
MALACHY E. MANNION United States District Judge.
before the Court is Defendants' motion in limine to
exclude evidence of previous lawsuits and complaints,
including any settlements, administrative remedies, internal
Bureau of Prisons complaints, federal complaints or other
executive agency complaints filed against them or the United
States, (Doc. 228); and Plaintiff's motions in limine to
exclude evidence of Plaintiff's alleged prison
misconduct, (Doc. 230), evidence of Plaintiff's other
lawsuits, (Doc. 232); evidence of Plaintiff's criminal
convictions, (Doc. 234), evidence of Plaintiff's
religions, including portions of the videotape debriefing
showing Plaintiff praying, (Doc. 236); evidence of other
administrative grievances filed by Plaintiff, (Doc. 238); and
to exclude video and other evidence of September 22, 2010 use
of force incident, (Doc. 248).
following reasons, the Court will GRANT
Defendants' motion in limine and GRANT, in part,
and DENY, in part, Plaintiff's motions in
February 25, 2011, Norman N. Shelton, an inmate confined in
the United States Penitentiary, Lewisburg
(“USP-Lewisburg”), Pennsylvania, filed the above
captioned Bivens action, pursuant to 28 U.S.C.
§1331. Named as Defendants were thirty-two (32)
employees of USP-Lewisburg. Shelton raises claims of
deliberate indifference to his safety and excessive use of
force with regard to events surrounding an alleged August 29,
2010 assault upon him by his cellmate, and claims regarding
his resulting medical care. (Doc. 1, complaint). In
addition, Shelton generally alleges racial discrimination by
staff and complains of various forms of mistreatment,
including “corporal punishment, ” the use of
restraints, harassment, and being deprived of water, lights
and sleep. Id.
on a series of motions to amend/correct his complaint, the
Court, by Order dated June 30, 2011, permitted Shelton an
opportunity to file an amended complaint. (See Doc.
55). To that end, Shelton was provided with two
copies of this Court's civil-rights complaint form.
11, 2011, Shelton filed two completed civil-rights complaint
forms with the Court, both captioned with the docket number
in this case. (See Docs. 58, 60).
Along with the complaints, Shelton filed a brief in support
of his amended complaints. (Doc. 59).
August 10, 2011, upon review of Shelton's amended
complaint, the following Order was issued:
1. The Clerk of Court is directed to extract pages 1 - 4 from
Plaintiff's first amended complaint (Doc. 58),
consider them as the amended complaint of record, file and
docket them as same.
2. The Clerk of Court is directed to return the remaining
sixteen pages of the first amended complaint (Doc.
58) to the Plaintiff.
3. Plaintiff's amended complaint is permitted to proceed
with respect to Defendants, Correctional Officers Raup and
Whittaker, Lieutenants Heath and Galletta, and Medical
Examiner Potter. The remainder of the Defendants are to be
dismissed from the instant action.
4. The Clerk of Court is directed to serve Plaintiff's
amended complaint on the five (5) Defendants named therein.
5. Plaintiff's second amended complaint (Doc.
60) is STRICKEN from the record as
duplicative of the first three pages of Plaintiff's first
6. Defendants' motion for enlargement of time to respond
to the amended complaint, (Doc. 61) is
Defendants may respond to the amended complaint within sixty
(60) days after service of the amended complaint.
8. Defendants' motion to dismiss and motion for summary
judgment, directed at Plaintiff's original complaint,
(Doc. 42) is DISMISSED as moot.
9. Plaintiff's motion for default judgment (Doc.
50) and motion requesting issuance of subpoena (Doc.
62) are DENIED.
(Doc. 74, Order).
result of the Court's August 10, 2011 Order, the
following claims contained in Plaintiff's amended
complaint (Doc. 58) were permitted to proceed:
On August 30, 2009, [Plaintiff] was “forced to go into
a cell with a gang member against [his] will”. The gang
member and [Plaintiff] “told the officials that it
would not work out between [them]”.
On cell rotation of August 30, 2009, “[Plaintiff] was
placed in handcuffs and inmate Graham #11510-031 began
assaulting [Plaintiff] with multiple punches and kicks to
[his] face and body”.
SMU officials stood there and watch for a whole three minutes
and did nothing to stop it. Once inmate stopped, C/O Raup,
C/O Whittaker and Lt. Heath came into the cell and
“slammed [Plaintiff] to the ground while [he] was
cuffed behind [his] back, after they sprayed [him] in the
face with gas”.
Defendant Lt. Heath, “act[ing] intentionally and
purposefully place[d] her knee on the back of Plaintiff's
neck, cutting off his breathing”.
C/O Whittaker “slammed Plaintiff to the floor while
Plaintiff was passively and handcuffed behind his back and
Defendant Whittaker punched and kicked Plaintiff in his left
side of his body.”
C/O Raup “punched [and] kicked Plaintiff in his right
side of his body” and “Plaintiff could not breath
and yelled he could not get any air.” The gas was
“burning Plaintiff's skin on his face, neck and
back and Defendant C/O Raup stated ...