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TT&H Attorneys Schwalm and Clayberger win summary judgment on behalf of a county prison in an Eighth Amendment and Equal Protection lawsuit filed by a transgender prison inmate.


On August 3, 2017, the United States District Court for the Middle District of Pennsylvania entered summary judgment in favor of a county prison represented by TT&H Attorneys David Schwalm and Matthew Clayberger.  The lawsuit was filed by a transgender prison inmate, who alleged that she was treated differently from other prison inmates by being placed in solitary confinement while going through opiate withdrawal.  Based on those allegations, the inmate asserted claims against the prison and prison officials for cruel and unusual punishment and for violating the Equal Protection Clause. 

Attorneys Schwalm and Clayberger successfully argued that the conditions of the inmate’s confinement did not violate the Eighth Amendment’s prohibition on cruel and unusual punishment.  They also argued that the inmate was treated no differently than other inmates experiencing drug or alcohol withdraw, regardless of gender.  Granting the Motion filed by TT&H, the District Court concluded that the prison and the prison officials were entitled to judgment as a matter of law on all claims, and entered summary judgment in their favor.

Questions about this case may be directed to Matt Clayberger, at (717) 237-7150 or mclayberger@tthlaw.com.

David L. Schwalm

David L. Schwalm, Esquire

Matt R. Clayberger

Matt R. Clayberger, Esquire