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  • Brathwaite v. Phelps

    Publication Date: 2018-05-23
    Practice Area: Civil Rights
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Roth
    Attorneys: For plaintiff: Justin E. Kerner and Haley D. Torrey, DLA Piper, Philadelphia, PA, attorneys for appellant
    for defendant: Daniel A. Griffith and Scott G. Wilcox, Whiteford, Taylor & Preston, Wilmington, DE; Joseph C. Handlon, Delaware Department of Justice, Wilmington, DE; Ophelia M. Waters, Delaware Department of Justice, Wilmington, DE, attorneys for appellees.
    Case Number: D68150

    District court erred in dismissing inmate's due process and deliberate indifference claims where indefinite SHU confinement could constitute atypical prison conditions and where inmate alleged medical staff's failure to provide prescribed care.