Update: March 31, 2022

Oral arguments, handled by the ACLU of Delaware, took place on Wednesday, March 30, 2022. A recording of those oral arguments is available on the U.S. District Court of Appeals for the Third Circuit's website.

ACLU of Delaware Legal Director Susan Burke wrote the briefs for this matter, with the assistance of co-counsel Chad Stover of Barnes & Thornburg and Michael Broadbent of Cozen O’Connor.

Read Dwayne's statement


Update: February 2, 2022

Angelo Clark, who lived with serious mental illnesses, was placed in solitary confinement by Department of Correction (DOC) officials for seven months while he was housed in a Delaware prison. This violation of his Constitutional rights caused severe and irreversible harm to Clark, who passed away before he was able to finish his fight for justice.

At trial, the Court erroneously dismissed his claim that the extended solitary confinement violated the Eighth Amendment’s prohibition on cruel and unusual punishment. Among other reasons, the trial court held that the DOC officials enjoyed qualified immunity — meaning that they were immune from accountability.

Before he passed away in January 2022, Clark appealed this dismissal to the U.S. Court of Appeals for the Third Circuit. The ACLU of Delaware, in coordination with Barnes & Thornburg LLP and Cozen O’Connor, are moving forward with Mr. Clark’s case this week, seeking justice for the late Mr. Clark and attempting to abolish the excessive use of solitary confinement, especially for people with mental health issues.

Oral arguments, handled by the ACLU of Delaware, took place on Wednesday, March 30, 2022. A recording of those oral arguments are available on the U.S. District Court of Appeals for the Third Circuit's website.

Dwayne J. Bensing of ACLU Delaware, Chad S.C. Stover of Barnes & Thornburg LLP, and Michael J Broadbent of Coven O'Connor are prosecuting Mr. Clark's appeal before the Court of Appeals for the Third Circuit. The panel for this case are Judges Fuentes, Restrepo, and Roth. Four amici have filed briefs in support.

Attorney(s)

Dwayne J. Bensing, Chad S.C. Stover, Michael J Broadbent

Pro Bono Law Firm(s)

Barnes & Thornburg LLP, Coven O'Connor

Court

Court of Appeals for the Third Circuit

Status

Filed

Case number

21-2310