Filed: Mar. 17, 2020
Latest Update: Mar. 17, 2020
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 19-2711 _ ARTHUR T. CHESTER, III, Appellant v. CAPE MAY COUNTY NEW JERSEY; SHERIFF GARY SHAFFER; WARDEN DONALD LOMBARDO; SHERIFF LIEUTENANT CAMPBELL; SHERIFF SERGEANT PRINCE; SHERIFF SERGEANT FAIRCLOTH; SHERIFF SERGEANT CALDWELL; CORRECTIONAL OFFICER WHITAKER; CORRECTIONAL OFFICER LOGU; CORRECTIONAL OFFICER SHARP; CORRECTIONAL OFFICER WEATHERBY; CORRECTIONAL OFFICER SCHIENK, ALSO KNOWN AS SHANK; CORRECTIONAL OFFICER RUCC
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 19-2711 _ ARTHUR T. CHESTER, III, Appellant v. CAPE MAY COUNTY NEW JERSEY; SHERIFF GARY SHAFFER; WARDEN DONALD LOMBARDO; SHERIFF LIEUTENANT CAMPBELL; SHERIFF SERGEANT PRINCE; SHERIFF SERGEANT FAIRCLOTH; SHERIFF SERGEANT CALDWELL; CORRECTIONAL OFFICER WHITAKER; CORRECTIONAL OFFICER LOGU; CORRECTIONAL OFFICER SHARP; CORRECTIONAL OFFICER WEATHERBY; CORRECTIONAL OFFICER SCHIENK, ALSO KNOWN AS SHANK; CORRECTIONAL OFFICER RUCCI..
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_____________
No. 19-2711
_____________
ARTHUR T. CHESTER, III,
Appellant
v.
CAPE MAY COUNTY NEW JERSEY; SHERIFF GARY SHAFFER; WARDEN
DONALD
LOMBARDO; SHERIFF LIEUTENANT CAMPBELL; SHERIFF SERGEANT
PRINCE;
SHERIFF SERGEANT FAIRCLOTH; SHERIFF SERGEANT CALDWELL;
CORRECTIONAL
OFFICER WHITAKER; CORRECTIONAL OFFICER LOGU;
CORRECTIONAL OFFICER
SHARP; CORRECTIONAL OFFICER WEATHERBY; CORRECTIONAL
OFFICER SCHIENK,
ALSO KNOWN AS SHANK; CORRECTIONAL OFFICER RUCCI, ALL
INDIVIDUALLY AND
AS EMPLOYEES OF CAPE MAY COUNTY (NEW JERSEY) DEPARTMENT
OF CORRECTIONS
OR OTHER AGENCY OF CAPE MAY COUNTY
__________________
On Appeal from the United States District Court
for the District of New Jersey
District Court No. 1-17-cv-00039
District Judge: The Honorable Robert B. Kugler
____________________
Submitted Pursuant to Third Circuit L.A.R. 34.1(a)
March 2, 2020
Before: SMITH, Chief Judge, HARDIMAN, and KRAUSE, Circuit Judges
(Filed: March 17, 2020)
_____________________
OPINION*
_____________________
SMITH, Chief Judge.
After his arrest for burglary and related charges, Arthur Chester was held
pending trial in the Cape May County Correctional Center. He claims the County
and several of its officers violated his constitutional rights by failing to protect him
from a fellow inmate whom Chester testified against years before. Yet even with
the benefit of discovery, Chester never adduced sufficient evidence supporting his
allegations. So the District Court awarded the County and its officers summary
judgment in a thorough and well-reasoned opinion. See No. 17-39,
2019 WL
2710651 (D.N.J. July 2, 2019) (noting “[w]here the non-moving party fails to
‘make a showing sufficient to establish the existence of an element essential to that
party’s case, and on which that party will bear the burden of proof at trial,’ the
movant is entitled to summary judgment” (quoting Celotex Corp. v. Catrett, 477
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7
does not constitute binding precedent.
2
U.S. 317, 322 (1986))). Chester timely appealed.1 We will affirm for substantially
the same reasons set forth by the District Court.
1
The District Court had jurisdiction under 28 U.S.C. § 1331. We have jurisdiction
under 28 U.S.C. § 1291 and exercise de novo review. See Weitzner v. Sanofi
Pasteur Inc.,
909 F.3d 604, 609 (3d Cir. 2018).
3