Case: Pevar v. Lampert

2:07-cv-00193 | U.S. District Court for the District of Wyoming

Filed Date: Aug. 28, 2007

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On August 28, 2007, Stephen Pevar, an ACLU attorney, filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court District of Wyoming, challenging the interrogation practices at the Wyoming State Penitentiary. Pevar alleged that state prison investigators interrogated inmates about the substance of confidential attorney-client communications. Specifically, Pevar, who presented inmates in a separate class action lawsuit Skinner v. Lambert [PC-WY-3], alleged that prison …

On August 28, 2007, Stephen Pevar, an ACLU attorney, filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court District of Wyoming, challenging the interrogation practices at the Wyoming State Penitentiary. Pevar alleged that state prison investigators interrogated inmates about the substance of confidential attorney-client communications. Specifically, Pevar, who presented inmates in a separate class action lawsuit Skinner v. Lambert [PC-WY-3], alleged that prison officials had interrogated one of Pevar's clients in the Skinner suit about the contents of attorney-client correspondence and communications. Pevar sought declaratory and injunctive relief, as well as class certification.

The case settled quickly. On October 4, 2007, the District Court [Honorable Clarence A. Brimmer] approved the settlement and determined that notification to the putative class was not necessary. As part of the settlement, the Department of Corrections issued a written policy that generally prohibited its employees from questioning prisoners regarding communications with their counsel. A copy of the policy was attached to the Court's October 4, 2007 Order, which is part of the document collection for this case. See PC-WY-4-0003.

Summary Authors

Dan Dalton (10/5/2007)

People


Judge(s)

Beaman, William C. (Wyoming)

Brimmer, Clarence Addison Jr. (Wyoming)

Attorneys(s) for Plaintiff

Pevar, Stephen L. (Connecticut)

Attorneys(s) for Defendant

Renneisen, John W. (Wyoming)

Judge(s)

Beaman, William C. (Wyoming)

Brimmer, Clarence Addison Jr. (Wyoming)

Attorneys(s) for Plaintiff

Pevar, Stephen L. (Connecticut)

Attorneys(s) for Defendant

Renneisen, John W. (Wyoming)

Documents in the Clearinghouse

Document

2:07-cv-00193

Docket (PACER)

Pevar v. Lampert

Oct. 4, 2007

Oct. 4, 2007

Docket
9

2:07-cv-00193

First Amended Civil Rights Complaint for Declaratory and Injunctive Relief

Sept. 10, 2007

Sept. 10, 2007

Complaint
16

2:07-cv-00193

Order Adopting Policy and Dismissing Case as Moot

Pevar v. Lampert

U. S. Court of Appeals for the Tenth Circuit

Oct. 4, 2007

Oct. 4, 2007

Order/Opinion
15

2:07-cv-00193

Order

Oct. 4, 2007

Oct. 4, 2007

Order/Opinion

Resources

Docket

Last updated July 19, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (One summons issued) ( Filing fee $350 receipt #CHY002603.), filed by Stephen L Pevar, Ryan Forney. (Attachments: # 1 Civil Cover Sheet) (szf, ) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

2

MOTION for Preliminary Injunction and Brief in Support filed by Plaintiffs Stephen L Pevar, Ryan Forney. (szf, ) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

3

AFFIDAVIT (Declaration) of Stephen L. Pevar re 2 MOTION for Preliminary Injunction filed by Plaintiffs Stephen L Pevar, Ryan Forney. (szf, ) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

4

EXHIBITS filed Under Seal by Plaintiffs Stephen L Pevar, Ryan Forney. (szf, ) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

5

NOTICE of Hearing on 2 MOTION for Preliminary Injunction Motion Hearing set for 9/18/2007 10:00 AM in Cheyenne before Honorable Clarence A Brimmer. Defendants Response is due September 7, 2007 by 1:00 pm(sjs, ) (Entered: 08/29/2007)

Aug. 28, 2007

Aug. 28, 2007

6

RESPONSE to 2 Motion for Preliminary Injunction and Brief in Support filed by Defendants Lampert, Michael Murphy. (sjs, ) (Entered: 09/07/2007)

Sept. 7, 2007

Sept. 7, 2007

7

NOTICE of Attorney Appearance by John W Renneisen on behalf of Lampert, Michael Murphy (Renneisen, John) (Entered: 09/07/2007)

Sept. 7, 2007

Sept. 7, 2007

8

SUPPLEMENT their existing re 2 Motion for Preliminary Injunction and brief in support filed by Plaintiffs Stephen L Pevar, Ryan Forney. (Attachments: # 1 Proposed Order)(sjs, ) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

9

FIRST AMENDED COMPLAINT against Defendant Wyoming Department of Corrections Director, Wyoming Department of Corrections State Penitentiary Warden, filed by Stephen L Pevar, Ryan Forney.(sjs, ) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

10

MOTION to Dismiss Motion for Preliminary Injunction and to vacate hearing, filed by Plaintiffs Stephen L Pevar, Ryan Forney. (Attachments: # 1 Proposed Order)(sjs, ) (Entered: 09/13/2007)

Sept. 13, 2007

Sept. 13, 2007

11

ORDER by the Honorable Clarence A Brimmer finding as moot 2 Motion for Preliminary Injunction and vacate the September 18, 2007 hearing set by the Court on that Motion.(sjs, ) (Entered: 09/14/2007)

Sept. 13, 2007

Sept. 13, 2007

12

WAIVER OF SERVICE Returned Executed. Wyoming Department of Corrections Director waiver was sent on 9/12/2007, answer due 11/13/2007. (sjs, ) (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

13

NOTICE of Lawsuit and Request for Waiver of Service of Summons by Plaintiffs Stephen L Pevar, Ryan Forney (sjlg, ) (Entered: 09/24/2007)

Sept. 20, 2007

Sept. 20, 2007

14

STIPULATION that notice to the putative class is not required in order to settle this case by Wyoming Department of Corrections Director, Wyoming Department of Corrections State Penitentiary Warden, Stephen L Pevar, Ryan Forney. (Attachments: # 1 Proposed Order # 2 Proposed Order)(sjs, ) (Entered: 10/03/2007)

Oct. 2, 2007

Oct. 2, 2007

15

ORDER re 14 Stipulation that notice to the putative class is not required in order to settle this case, filed by Wyoming Department of Corrections Director, Wyoming Department of Corrections State Penitentiary Warden, Ryan Forney, Stephen L Pevar by the Honorable Clarence A Brimmer. Court orders that notice to the putative class shall not be required, and the Court hereby approves the settlement submitted by the parties.(sjs, ) (Entered: 10/04/2007)

Oct. 4, 2007

Oct. 4, 2007

16

ORDER Adopting Policy and dismissing case as moot by the Honorable Clarence A Brimmer.(sjs, ) (Entered: 10/04/2007)

Oct. 4, 2007

Oct. 4, 2007

Case Details

State / Territory: Wyoming

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 28, 2007

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

ACLU attorney, on behalf of "all persons presently incarcerated, or who will in the future be incarcerated, at Wyoming State Penitentiary

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Wyoming Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Access to lawyers or judicial system

Affected Gender:

Male

Type of Facility:

Government-run