John Butler v. Floyd
── John Butler v. Floyd ──
Court: Court of Appeals for the Third Circuit
Date: April 29, 2026
Category: General
AMENDED CLD-110 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 25-2567
___________
JOHN BUTLER,
Appellant
v.
FLOYD; STAFFORD; JAMES BARNACLE; F. NUNEZ; BOYCE, #1; BOYCE, #2;
HAFELI; QUINN; PLACE; C.O. STOKES, sued in individual and official capacities
____________________________________
On Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. No. 1:23-cv-00289)
District Judge: Honorable Susan Paradise Baxter
____________________________________
Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B) or
Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
April 9, 2026
Before: BIBAS, PHIPPS, and NYGAARD, Circuit Judges
(Opinion filed: April 29, 2026)
_________
OPINION *
_________
PER CURIAM
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
Inmate John Butler appeals pro se the District Court’s order granting summary
judgment in favor of six defendants and sua sponte dismissing his claims against the
three remaining defendants in this 42 U.S.C. § 1983 action. We will summarily affirm.
I.
Butler sued ten employees of the Pennsylvania Department of Corrections,
claiming that they unlawfully retaliated against him by falsely implicating him in, and
punishing him for, a hunger strike, verbally threatening him, delaying his access to
medical care, and failing to respond to his allegations of abuse, all in violation of the First
and Eighth Amendments. In August 2023, Defendant Stafford issued Butler a
misconduct for his alleged organization of a hunger strike at the State Correctional
Institution in Albion, Pennsylvania (“SCI-Albion”). Butler claimed this misconduct was
issued in retaliation for his filing of grievances and offering assistance to other inmates
with their legal cases. At the misconduct hearing, Defendant Nunez offered Butler 30
days in the Restricted Housing Unit (“RHU”) if he agreed to plead guilty. Butler refused,
and Defendant Nunez sanctioned him to 90 days in the RHU. Butler asserted that this
sanction was unlawful retaliation for his constitutionally protected “not guilty” plea.
Meanwhile, one morning Butler began to experience chest pain. He pressed the
“medical emergency button” numerous times, but Defendants Hafeli, Quinn, Place, and
Stokes did not respond to his requests to see the medical staff. Defendant Hafeli stated,
“you should have thought of that before you got everyone to go on a hunger strike.”
2
However, after Butler had been semi-conscious on the floor of his cell for several
minutes, Defendants contacted the medical team. Butler was assessed and immediately
transferred to UPMC Hamot in Erie, Pennsylvania, where he was observed for 23 hours
and discharged the following day after his vitals stabilized. Butler alleged that, while at
the hospital, he asked Defendant Boyce #1 to turn down the television in his room so he
could rest, at which point Boyce #1 threatened to slap him and verbally abused him.
Upon his return to SCI-Albion, Butler spoke with a nurse and reported Boyce #1’s
be
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opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}