Bowen v. Ryan, 248 F. App'x 302 (3d Cir. 2007). · Go Syfert
Bowen v. Ryan, 248 F. App'x 302 (3d Cir. 2007). Cases Citing This Book View Copy Cite
34 citation events (34 in the last 25 years) across 4 distinct courts.
Strongest positive: TEAGLE v. DOC DEPARTMENT OF CORRECTION'S (paed, 2025-03-17)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) TEAGLE v. DOC DEPARTMENT OF CORRECTION'S
E.D. Pa. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
bowen was afforded an initial opportunity to be heard upon confinement, and periodic review of his status. like the district court, we reject his conclusory allegations that the periodic reviews by the prc were rote or meaningless.
examined Cited as authority (verbatim quote) RIVERA v. LITTLE (2×) also: Cited "see, e.g."
W.D. Pa. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
bowen was afforded an initial opportunity to be heard upon confinement, and periodic review of his status. like the district court, we reject his conclusory allegations that the periodic reviews by the prc were rote or meaningless.
discussed Cited as authority (verbatim quote) ROSA-DIAZ v. OBERLANDER
W.D. Pa. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
placement on the rrl did not deprive the inmate of his liberty, privileges, or any other constitutionally protected liberty interest.
discussed Cited as authority (verbatim quote) ROSA-DIAZ v. OBERLANDER
W.D. Pa. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
placement on the rrl did not deprive the inmate of his liberty, privileges, or any other constitutionally protected liberty interest.
discussed Cited as authority (verbatim quote) KENDRICK v. LITTLE
W.D. Pa. · 2023 · quote attribution · 1 verbatim quote · confidence high
placement on the rrl did not deprive the inmate of his liberty, privileges, or any other constitutionally protected liberty interest.
discussed Cited as authority (rule) ROSARIO v. WETZEL (2×) also: Cited "see, e.g."
W.D. Pa. · 2025 · confidence medium
(ECF No. 78 at 8-9.) See Bowen v. Ryan, 248 F. App’x 302, 304 (3d Cir. 2007) (finding DOC procedures for RRL placement constitutional); Blount v. Unit Manager Ackrom, 2024 U.S. Dist.
cited Cited as authority (rule) BERTOLETTE v. LITTLE
W.D. Pa. · 2024 · confidence medium
Bowen v. Ryan, 248 F. App’x 302, 304 (3d Cir. 2007); Batchelor v. Little, No. CV 22-1340, 2022 WL 16749039 , at *11 (E.D.
discussed Cited as authority (rule) Staats v. DeMatteis (2×) also: Cited "see"
M.D. Penn. · 2024 · confidence medium
App’x 61, 63 (3d Cir. 2014) (unpublished); Bowen v. Ryan, 248 F. App’x 302, 304 (3d Cir. 2007) (unpublished).
discussed Cited as authority (rule) BATCHELOR v. LITTLE
E.D. Pa. · 2022 · confidence medium
Pa. Mar. 28, 2013), aff’d, 562 F. App’x 61 (3d Cir. 2014) (citing Wilkinson v. Austin, 545 U.S. 209, 125 (2005)) (no liberty interest “in avoiding transfer to more adverse conditions of confinement”)). 134 Shoats, 213 F.3d at 143 (internal quotation omitted). 135 Id. (internal quotation omitted). 136 Id. at 144 . 137 Id. 138 Id. at 147 . 139 See Washington–El v. Diguglielmo, 419 F. App’x 275, 278, n.2 (3d Cir. 2011) (seventeenth month stay in administrative custody not sufficient to deprive incarcerated man of a protected liberty interest to implicate due process concerns). 140 Bow…
discussed Cited as authority (rule) D. Deitz v. PA Dep't of Corr.
Pa. Commw. Ct. · 2020 · confidence medium
Accordingly, Nifas is cited herein for its persuasive value. 10 13 years in RHUs, the periodic review provided for in DC-ADM 802 satisfied due process); Bowen v. Ryan, 248 F. App’x 302, 304 (3d Cir. 2007) (per curiam) (despite 20 years on the RRL, the Department’s AC procedures affording periodic review satisfied due process); Shoats (although 8 years in solitary confinement was sufficiently atypical and significant to create a protected liberty interest, periodic reviews prescribed by DC-ADM 802 satisfied due process).
discussed Cited as authority (rule) D. Bowen v. DOC Houtzdale Super. B. Smith (2×) also: Cited "see"
Pa. Commw. Ct. · 2020 · confidence medium
See McGinley v. Pa. Bd. of Prob. & Parole, 90 A.3d 83, 93 (Pa. Cmwlth. 2014); Tindell, 87 A.3d at 1035 ; Clark, 918 A.2d at 160-61 (providing that mandamus may not be used to compel an agency to exercise its discretion in a particular way, even if the Court believes it has been exercised incorrectly).11 10 Cf. Bowen v. Ryan, 248 F. App’x 302, 304 (3d Cir. 2007) (per curiam) (providing that Pennsylvania inmate’s confinement in administrative custody for 20 years was the type of atypical and significant hardship to invoke a liberty interest and trigger due process protections; however, the D…
discussed Cited "see" WILLIAMS v. STICKNEY
E.D. Pa. · 2025 · signal: see · confidence high
See Bowen v. Ryan, 248 F. App’x 302, 304 (3d Cir. 2007) (affirming dismissal of inmate’s claim that his placement on the RRL was without due process because “[p]lacement on this List did not deprive Bowen of his liberty, privileges, or any other constitutionally protected liberty interest”).
discussed Cited "see" Warrick v. Harry (2×) also: Cited "see, e.g."
M.D. Penn. · 2025 · signal: see · confidence high
See Bowen v. Ryan, 248 F. App’x 302, 304 (3d Cir. 2007) (finding DOC procedures for RRL placement constitutional).
cited Cited "see" BERTOLETTE v. LITTLE
W.D. Pa. · 2024 · signal: see · confidence high
See Bowen v. Ryan, 248 Fed.
discussed Cited "see" BARRON v. WETZEL
M.D. Penn. · 2023 · signal: see · confidence high
See Bowen v. Ryan, 248 Fed.
discussed Cited "see" Wells v. Wetzel
M.D. Penn. · 2021 · signal: see · confidence high
See Washington-El, 2013 WL 1314528 , at *9, citing Bowen v. Ryan, 248 Fed.
cited Cited "see, e.g." Tucker v. Wetzel
M.D. Penn. · 2024 · signal: see, e.g. · confidence medium
See, e.g., Bowen v. Ryan, 248 F. App’x 302, 304 (3d Cir. 2007) (nonprecedential). at 14).
cited Cited "see, e.g." HARRIS v. LITTLE
E.D. Pa. · 2023 · signal: see, e.g. · confidence medium
See, e.g., Bowen v. Ryan, 248 F. App’x 302, 304 (3d Cir. 2007).
discussed Cited "see, e.g." TALBERT v. SHAPIRO
E.D. Pa. · 2023 · signal: see also · confidence medium
Pa. May 30, 2023) (citing Sandin v. Conner, 515 U.S. 472, 486 (1995)). 56 Shoats, 213 F.3d at 143 57 Id. at 144. 58 Id. 59 Id. at 147; see also Bowen v. Ryan, 248 F. App’x 302, 304 (3d Cir. 2007) (holding the incarcerated man had been given an initial opportunity to be heard upon confinement and again on period reviews as sufficient to satisfy due process). 60 Shoats, 213 F.3d at 143–44. 61 ECF 1 ¶ 26. 62 Rode, 845 F.2d at 1207 . 63 ECF 1 ¶¶ 16–17. 64 Powell v. Weiss, 757 F.3d 338, 346 (3d Cir. 2014). 65 ECF 1 ¶ 28. 66 Id. ¶ 29. 67 Farmer v. Brennan, 511 U.S. 825, 837 (1994). 68 Cla…
Joseph BOWEN, Appellant
v.
Joseph RYAN; John Stepanik; Kenneth D. Kyler; Frederick K. Frank; A.S. Williamson; G.N. Patrick; C.R. Myers; Frank D. Gillis; R.E. Johnson; B.L. Lane; J. Piazza; Jeffrey A. Beard; David T. Owens; Raymond Claimer; Joseph Lehman; Martin F. Horn
06-5017.
Court of Appeals for the Third Circuit.
Sep 26, 2007.
248 F. App'x 302
Joseph Bowen, Coal Township, PA, for Appellant., William E. Fairall, Jr., Camp Hill, PA, for Appellees.
Fisher, Aldisert, Weis.
Cited by 23 opinions  |  Unpublished

OPINION

PER CURIAM.

Joseph Bowen, acting pro se, appeals an order of the United States District Court for the Middle District of Pennsylvania dismissing his complaint under Fed. R.Civ.P. 12(b)(6).

Bowen is an inmate currently confined at the State Correctional Institution at Coal Township, Pennsylvania. He has been held in Administrative Custody there[*304] and at other state institutions since October of 1984. Shortly after being confined in Administrative Custody, Bowen was placed on the Restricted Release List by the Secretary of the Department of Corrections. While Bowen remained entitled to periodic review of his confinement status and eligible for release into the general population, being on the Restricted Release List entailed some additional procedural barriers to reclassification. Until 2004, the Prison Review Committee (“PRC”), which assessed Bowen’s status every 90 days, had the authority to release him from Administrative Custody. Since May of 2004, however, the PRC has been empowered only to recommend release to the Secretary or his designee, who retain the power to authorize Bowen’s return to general population.

Bowen brought this suit under 42 U.S.C. § 1988, alleging that placement on the Restricted Release List without notice and an opportunity to be heard violated his due process rights. He also claimed that his extended confinement in Administrative Custody amounts to cruel and unusual punishment, and that the 2004 changes to the review procedures violated both his due process rights and Pennsylvania’s Commonwealth Documents Law. The District Court overruled Bowen’s objections and adopted the Magistrate Judge’s Report and Recommendation that the Complaint be dismissed under Fed. R.Civ.P. 12(b)(6). The Court denied as moot Bowen’s request for appointment of counsel.

We exercise jurisdiction pursuant to 28 U.S.C. § 1291, and undertake plenary review of the District Court’s dismissal under Rule 12(b)(6), accepting as true all factual allegations in the complaint and viewing them in the light most favorable to the non-moving party. See AT & T Corp. v. JMC Telecom, LLC, 470 F.3d 525, 529 (3d Cir.2006). The decision to deny counsel is reviewed for abuse of discretion. See Parham v. Johnson, 126 F.3d 454, 457 (3d Cir.1997).

Appellant’s claim that he was placed on the Restricted Release List without due process was properly dismissed. Placement on this List did not deprive Bowen of his liberty, privileges, or any other constitutionally protected liberty interest. See Sandin v. Conner, 515 U.S. 472, 483-84, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995). To the extent that the complaint can be read as challenging the process by which Bowen was initially confined in Administrative Custody, it fails to allege the lack of a hearing, inadequate opportunity to be heard, or other procedural shortcoming that would implicate his due process rights. [1]

We agree with the District Court’s analysis of Bowen’s constitutional challenge to his confinement in Administrative custody. While twenty years in administrative custody is clearly an atypical and significant hardship sufficient to trigger the procedural protections of the Due Process Clause, implicating a liberty interest within the contemplation of the Fourteenth Amendment, the procedures provided by the Pennsylvania Department of Corrections satisfy the minimal constitutional standards for due process. See Shoats, 213 F.3d at 143-45. Bowen was afforded an initial opportunity to be heard upon confinement, and periodic review of his status. See id. at 146-47. Like the District Court, we reject appellant’s conclusory allegations that the periodic reviews by[*305] the PRC were rote or meaningless. The 2004 change in the review process neither made it meaningless, as the PRC retains the power to recommend release to an official with the power to order it, nor violated Pennsylvania’s Commonwealth Documents Law. See Small v. Horn, 554 Pa. 600, 722 A.2d 664, 669-70 (1998). Appellant has not suggested that the denial of court-appointed counsel constituted an abuse of discretion.

Accordingly, we will affirm the judgment of the District Court.

1

. While we do not disagree with the District Court’s decision to treat parts of this claim as barred by the applicable statute of limitations, we instead follow the course taken in Shoats v. Horn, 213 F.3d 140, 145-46 (3d Cir.2000), and address the due process claim on the merits.