Case: Lacy v. Butts

1:13-cv-00811 | U.S. District Court for the Southern District of Indiana

Filed Date: May 16, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

An Indiana Department of Corrections prisoner filed this class action lawsuit pro se under 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of Indiana on May 16, 2013. The plaintiff, who was previously convicted of a sex offense but has maintained his innocence since, alleged that the Indiana Department of Corrections has made it mandatory for all convicted sex offenders to participate in the Indiana Sex Offender Management and Monitoring (INSOMM) program. The INSOMM progra…

An Indiana Department of Corrections prisoner filed this class action lawsuit pro se under 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of Indiana on May 16, 2013. The plaintiff, who was previously convicted of a sex offense but has maintained his innocence since, alleged that the Indiana Department of Corrections has made it mandatory for all convicted sex offenders to participate in the Indiana Sex Offender Management and Monitoring (INSOMM) program. The INSOMM program requires participants admit their misconduct as part of a plan of therapy. Participants must admit not only the crimes of which they have been convicted but also all other sexual misconduct, including acts that still could be prosecuted which the plaintiff argued violated his Fifth Amendment right against self-incrimination. The plaintiff alleged that refusing to participate in the INSOMM program resulted in reports of his conduct, segregation, loss of privileges at the prison, and loss of good-time credit towards early release.

On September 11, 2013, District Judge Richard L. Young dismissed this case for failure to state a claim on which relief may be granted. Judge Young relied on Entzi v. Redmann, 485 F.3d 998, 1004 (8th Cir. 2007), which he interpreted to hold that a state's exercise of discretion over a prisoner's release (such as a good-time credit program) does not make self-accusation compulsory.

The plaintiff appealed the dismissal to the U.S. Court of Appeals for the Seventh Circuit, arguing that Indiana's good-time credit program is not discretionary, since prisoners are entitled to credits unless they misbehave. On May 29, 2014, the Court of Appeals issued an order vacating the judgment and remanding the case with further instructions. 564 F. App'x 844 (7th Cir. 2014). The Court of Appeals held that it was not necessary to rule on whether the good-time credit program was mandatory since the much of the relief the plaintiff was seeking is not available under 42 U.S.C. § 1983, but under 28 U.S.C. § 2254 instead. The Court of Appeals instructed the District Judge to ask the plaintiff whether he was willing to have the suit treated as a petition under 28 U.S.C. § 2254. Otherwise, the Court of Appeals held that the plaintiff's case should be dismissed. The plaintiff entered his order of agreement pursuant to the Court of Appeal's order on June 2, 2014, thus continuing this lawsuit.

On October 23, 2014, the District Court consolidated five additional cases with the plaintiff's case, and an attorney from the Indiana Federal Community Defenders was appointed to represent the plaintiffs.

On November 3, 2014, plaintiffs filed a motion for class certification and a motion for preliminary injunction seeking an order enjoining the Indiana Department of Corrections from continuing to compel the plaintiffs' participation in INSOMM. On September 30, 2015, Judge Young granted the plaintiff's motion for class certification, defined as "[a]ll persons incarcerated in the Indiana Department of Correction who have been asked to participate in the Indiana Sex Offender Management Program, who have refused to participate because they refuse to confess guilt on the primary offense or disclose other criminal conduct as required by the INSOMM program, and who have been subjected to disciplinary action in the form of lost credit time and/or demotion in credit class as a result." Judge Young also denied the plaintiffs' motion for preliminary injunction as moot, allowing the plaintiffs to file a new consolidated motion for preliminary injunction in light of the court's class certification order.

Over the next two years, parties engaged in discovery. Plaintiffs then moved for summary judgment on July 10, 2017. Defendant filed a cross-motion for summary judgment on August 31. The court (Judge Young) granted plaintiffs' motion, and the class petition for habeas corpus, on September 28, 2017. The judgment required the Indiana Department of Corrections to vacate any disciplinary proceedings and sanctions of any member of the class based on their refusal to participate in the INSOMM program, and to establish a new projected release date for each class member.

Defendant appealed the summary judgment on October 30, 2017 to the Seventh Circuit Court of Appeals. The appeal (Docket No. 17-03256) was argued before the Seventh Circuit on October 26, 2018, and the Seventh Circuit affirmed the district court’s decision on April 25, 2019. Judge Diane Wood, joined by Judges Diane S. Sykes and Michael Y. Scudder, found that the INSOMM program compelled self-incrimination in violation of the Fifth Amendment because it forced prisoners to either admit to past crimes or lose eligibility for early release. 922 F.3d 371.

In early 2020, the plaintiffs requested a status conference to help them identify class members and determine the relief to which each class member is entitled. The case is ongoing.

Summary Authors

John He (10/7/2015)

Elizabeth Heise (10/28/2018)

Timothy Leake (1/17/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5140638/parties/lacy-v-state-of-indiana/


Judge(s)

Easterbrook, Frank Hoover (Illinois)

Lynch, Debra McVicker (Indiana)

Rovner, Ilana Kara Diamond (Illinois)

Scudder, Michael Yale Jr. (Illinois)

Sykes, Diane S. (Wisconsin)

Williams, Ann Claire (Illinois)

Wood, Diane Pamela (Illinois)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Beitz, Gwendolyn M. (Indiana)

Ciobanu, Andrea Lynn (Indiana)

Judge(s)

Easterbrook, Frank Hoover (Illinois)

Lynch, Debra McVicker (Indiana)

Rovner, Ilana Kara Diamond (Illinois)

Scudder, Michael Yale Jr. (Illinois)

Sykes, Diane S. (Wisconsin)

Williams, Ann Claire (Illinois)

Wood, Diane Pamela (Illinois)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Beitz, Gwendolyn M. (Indiana)

Ciobanu, Andrea Lynn (Indiana)

Varner, Sara J (Indiana)

Attorneys(s) for Defendant

Barrow, Frances Hale (Indiana)

Nagy, Jonathan Paul (Indiana)

Documents in the Clearinghouse

Document

Docket [PACER]

Lacy v. State of Indiana

Jan. 8, 2020 Docket
1

Complaint

Lacy v. Indiana

May 16, 2013 Complaint
10

Entry and Order Directing Dismissal of Action

Lacy v. Indiana

2013 WL 12098769

Sept. 11, 2013 Order/Opinion
24

Order [Vacating Dismissal]

Lacy v. Indiana

U. S. Court of Appeals for the Seventh Circuit

564 Fed.Appx. 844

May 29, 2014 Order/Opinion
93

Entry Discussing Motions for Class Certification

2015 WL 5775497

Sept. 30, 2015 Order/Opinion
135

Entry Discussing Petition for a Writ of Habeas Corpus

Sept. 28, 2017 Order/Opinion

Opinion

U. S. Court of Appeals for the Seventh Circuit

922 F.3d 371

April 25, 2019 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5140638/lacy-v-state-of-indiana/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint

May 16, 2013 PACER
2

Motion for Leave to Proceed in forma pauperis

1 certification of inmate trust account

View on PACER

May 16, 2013 PACER
3

Magistrate Judge's Notice of Availability to Exercise Jurisdiction

May 17, 2013 PACER
4

Order on Motion for Leave to Proceed in forma pauperis

May 28, 2013 PACER
5

Consent to Jurisdiction to US Magistrate Judge

June 14, 2013 PACER
6

NOTICE of Filing

1 Affidavit

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July 22, 2013 PACER
7

Motion for TRO

1 Exhibits

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2 Text of Proposed Order

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July 22, 2013 PACER
8

Order on Motion for TRO

Aug. 13, 2013 PACER
9

Return to Order to Show Cause

1 Envelope

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Aug. 23, 2013 PACER
10

Entry

Sept. 11, 2013 PACER
11

Closed Dismissed

Sept. 11, 2013 PACER
12

Notice of Appeal

1 Envelope

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Oct. 1, 2013 PACER
13

Docketing Statement

1 Envelope

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Oct. 1, 2013 PACER
14

Motion to Proceed on Appeal in forma pauperis

1 Affidavit in Support of Motion to Proceed IFP

View on PACER

2 Envelope

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Oct. 1, 2013 PACER
15

Designation of Record on Appeal

1 Docket Sheet

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2 Envelope

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Oct. 1, 2013 PACER
16

Parties Short Record

Oct. 2, 2013 PACER
17

Transmission of Notice of Appeal and Docket Sheet to USCA

Oct. 2, 2013 PACER
18

USCA Case Number

1 PLRA Notice and Fee Order

View on PACER

Oct. 2, 2013 PACER
19

Order on Motion for Leave to Appeal in forma pauperis

Oct. 4, 2013 PACER
20

Appeal Record Sent to USCA

1 Pleadings

View on PACER

2 Notice to Transmit Record on Appeal

View on PACER

Nov. 13, 2013 PACER
21

Appeal Remark

Nov. 14, 2013 PACER
22

USCA Order

Nov. 22, 2013 PACER
23

Entry

Dec. 12, 2013 PACER
24

USCA Mandate

May 29, 2014 PACER
25

Entry

June 2, 2014 PACER
26

Notice (Other)

1 Envelope

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June 2, 2014 PACER
27

Motion for Preliminary Injunction

1 Envelope

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June 2, 2014 PACER
28

Brief/Memorandum in Support of Motion

1 Envelope

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June 2, 2014 PACER
29

Motion to Appoint Counsel

June 2, 2014 PACER
30

Order on Motion to Appoint Counsel

June 20, 2014 PACER
32

Motion for Leave to Proceed in forma pauperis

1 Inmate Account Information

View on PACER

2 Envelope

View on PACER

June 23, 2014 PACER
33

Motion to Proceed on Appeal in forma pauperis

1 Affidavit

View on PACER

2 Inmate Account Information

View on PACER

3 Envelope

View on PACER

June 23, 2014 PACER
31

Order to Show Cause (Disciplinary)

1 Exhibit 1

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2 Exhibit 2

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June 24, 2014 PACER
34

Order on Motion for Leave to Appeal in forma pauperis

June 26, 2014 PACER
35

Notice of Appearance

June 27, 2014 PACER
36

Motion for Reconsideration

1 Text of Proposed Order

View on PACER

July 3, 2014 PACER
37

Order on Motion for Reconsideration

July 3, 2014 PACER
38

Notice of Appearance

July 8, 2014 PACER
39

Motion (Other)

1 Text of Proposed Order

View on PACER

Aug. 4, 2014 PACER
40

Motion for Preliminary Injunction

1 Exhibit A- Judgment

View on PACER

2 Exhibit B- Diagnostic and Classification Summary

View on PACER

3 Exhibit C- INSOMM Informed Consent

View on PACER

4 Exhibit D- Case No: 08-03-0057

View on PACER

5 Exhibit E- Executive Directive #06-30

View on PACER

6 Exhibit F- Case No: 08-05-0075

View on PACER

7 Exhibit G- Appeal of 08-03-57 & 08-05-75

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8 Exhibit H- Case No: 11-05-0034

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9 Exhibit I- Case No: 11-07-0068

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10 Exhibit J- Case No: 11-10-0082

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11 Exhibit K- Case No: 12-01-0177

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12 Exhibit L- Case No: 12-04-162

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13 Exhibit M- Case No: 12-07-0018

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14 Exhibit N- Executive Directives #12-48 and #12-53

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15 Exhibit O- Case No: 12-10-0154

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16 Exhibit P- Case No: 13-05-0183

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17 Exhibit Q- Parole Revocation Findings

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18 Exhibit R- Case No: 14-06-0139

View on PACER

19 Exhibit S- INSOMM Informed Consent Form 49777

View on PACER

Aug. 4, 2014 PACER
41

Order on Motion

Aug. 6, 2014 PACER
42

Motion for Extension of Time

1 Text of Proposed Order

View on PACER

Aug. 14, 2014 PACER
43

Order on Motion for Extension of Time to File

Aug. 18, 2014 PACER
44

Motion (Other)

1 Exhibit A-Executive Directive #06-30

View on PACER

2 Exhibit B-Executive Directive #12-53

View on PACER

3 Exhibit C-INSOMM Informed Consent

View on PACER

4 Exhibit D-INSOMM Informed Consent, Form 49777

View on PACER

Aug. 18, 2014 PACER
45

Motion (Other)

1 Text of Proposed Order

View on PACER

Aug. 19, 2014 PACER
46

Scheduling Order

Aug. 25, 2014 PACER
47

Entry

Aug. 27, 2014 PACER
48

Motion (Other)

1 Exhibit A-Indiana Sex Offender Management

View on PACER

Sept. 12, 2014 PACER
49

Status Conference

Sept. 19, 2014 PACER
50

Status Conference

Sept. 23, 2014 PACER
51

Motion (Other)

1 Exhibit A-Petition Lawrence Greer-Bey

View on PACER

2 Exhibit B- Petition Frederick Holmes-Bey

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3 Exhibit C- Petition Allan Kirkley

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4 Exhibit D- Petition George Sanders

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5 Exhibit E-Donald Wrobel

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Oct. 8, 2014 PACER
52

Status Conference

Oct. 9, 2014 PACER
53

Motion for Extension of Time

1 Text of Proposed Order

View on PACER

Oct. 20, 2014 PACER
54

Order on Motion for Extension of Time to File

Oct. 22, 2014 PACER
55

Order on Motion

Oct. 23, 2014 PACER
56

Motion for Preliminary Injunction

1 Exhibit T- IDOC Offender Data

View on PACER

2 Exhibit U- Case no. 13-11-0105

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3 Exhibit V- case no. 14-01-0150

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4 Exhibit W- case no. 14-04-0029

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5 Exhibit X- case no. 14-06-0203

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6 Exhibit Y- case no. 14-08-0251

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7 Exhibit Z- IDOC Offender Data

View on PACER

8 Exhibit AA- case no. 14-01-0151

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9 Exhibit AB- case no. 14-02-0035

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10 Exhibit AC- case no. 14-04-0160

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11 Exhibit AD- case no. 14-08-0232

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12 Exhibit AE- IDOC Offender Data

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13 Exhibit AF- case no. 14-05-0148

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14 Exhibit AG- case no. 14-06-0067

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15 Exhibit AH- case no. 14-09-0167

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16 Exhibit AI- IDOC Offender Data

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17 Exhibit AJ- case no. 14-02-0282

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18 Exhibit AK- Court of Appeals Opinion 8-28-12

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19 Exhibit AL- IDOC Offender Data

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20 Exhibit AM- case no. 14-04-0004

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Nov. 3, 2014 PACER
57

Motion to Certify Class

Nov. 3, 2014 PACER
58

Case Management Plan Tendered by

Nov. 7, 2014 PACER
59

Order: Case Management

Dec. 3, 2014 PACER
60

Response in Opposition to Motion

Dec. 15, 2014 PACER
61

Declaration

1 Exhibit A-Informed Consent Form

View on PACER

2 Exhibit B-Questionnaire

View on PACER

3 Exhibit C-Orientation Workbook

View on PACER

4 Exhibit D-Normative Sexuality Workbook

View on PACER

5 Exhibit E-Low Risk Core Group Workbook

View on PACER

6 Exhibit F-Medium Risk core Group Workbook

View on PACER

7 Exhibit G-Phase II High Risk Treatment Workbook

View on PACER

8 Exhibit H-Arousal Management Workbook

View on PACER

9 Exhibit I-Active Empathy Workbook

View on PACER

10 Exhibit J-Attitudes Beliefs Behaviors Workbook

View on PACER

11 Exhibit K-Healthy Relationships Workbook

View on PACER

12 Exhibit L-Emotional Management Workbook

View on PACER

Dec. 15, 2014 PACER
62

Declaration

Dec. 15, 2014 PACER
63

Notice of Appearance

Dec. 15, 2014 PACER
64

Response in Opposition to Motion

Dec. 15, 2014 PACER
65

Motion for Extension of Time to File Reply

1 Text of Proposed Order

View on PACER

Jan. 5, 2015 PACER
66

Order on Motion for Extension of Time to File Reply

Jan. 9, 2015 PACER
68

Motion for Extension of Time to File Reply

1 Text of Proposed Order

View on PACER

Feb. 5, 2015 PACER
69

Order on Motion for Extension of Time to File Reply

Feb. 9, 2015 PACER
70

Motion for Extension of Time to File Reply

1 Text of Proposed Order

View on PACER

March 6, 2015 PACER
71

Case Management Plan Tendered by

March 6, 2015 PACER
72

Order on Motion for Extension of Time to File Reply

March 13, 2015 PACER
73

Entry

March 23, 2015 PACER
74

Order on Motion for Preliminary Injunction

March 23, 2015 PACER
75

Motion (Other)

1 Envelope

View on PACER

April 1, 2015 PACER
76

Order on Motion

April 8, 2015 PACER
77

Motion for Extension of Time to File Reply

1 Text of Proposed Order

View on PACER

April 16, 2015 PACER
78

Case Management Plan Tendered by

April 16, 2015 PACER
79

Order on Motion for Extension of Time to File Reply

April 22, 2015 PACER
80

Order: Case Management

April 27, 2015 PACER
81

Motion to Withdraw Attorney Appearance

1 Text of Proposed Order

View on PACER

April 28, 2015 PACER
82

Order on Motion to Withdraw Attorney Appearance

May 1, 2015 PACER
83

Reply in Support of Motion

1 Exhibit E

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2 Exhibit F

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May 18, 2015 PACER
84

Reply in Support of Motion

May 18, 2015 PACER
85

Scheduling Order

May 20, 2015 PACER
86

Notice of Appearance

June 10, 2015 PACER
87

Settlement Conference

June 11, 2015 PACER
88

Case Management Plan Tendered by

June 30, 2015 PACER
89

Motion (Other)

June 30, 2015 PACER
90

Order

July 9, 2015 PACER
91

Motion (Other)

1 Third Revised Case Management Plan

View on PACER

Aug. 6, 2015 PACER
92

Notice (Other)

1 Exhibits

View on PACER

2 Envelope

View on PACER

Aug. 10, 2015 PACER
93

ORDER granting 48 and 57 Supplemental Motions for Class Certification, denying as moot 56 Motion for Preliminary Injunction and granting 89 Motion for immediate ruling on class certification motion. Signed by Judge Richard L. Young on 9/30/2015. (TMD)

Sept. 30, 2015 RECAP
94

Order on Motion

Jan. 6, 2016 PACER
95

Notice of Appearance

Jan. 29, 2016 PACER
96

Status Report

Jan. 29, 2016 PACER
97

Notice (Other)

1 Exhibit A-Notice Regarding Class Action

View on PACER

Jan. 29, 2016 PACER
98

Motion (Other)

1 Fourth Revised Case Management Plan

View on PACER

2 Text of Proposed Order

View on PACER

Jan. 29, 2016 PACER
99

Order on Motion

1 Notice plan

View on PACER

Feb. 5, 2016 PACER
100

Witness List

Feb. 29, 2016 PACER
101

Witness List

March 31, 2016 PACER

State / Territory: Indiana

Case Type(s):

Prison Conditions

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: May 16, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals incarcerated in the Indiana Department of Corrections who have a prior sex offense conviction, who have been, or will be asked to participate in the Indiana Sex Offender Management Program (INSOMM), and who have, or will refuse to participate because they refuse to confess guilt on the primary offense or disclose other criminal conduct as required by the INSOMM program.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Indiana Department of Corrections (Indianapolis, Marion), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Constitutional Clause(s):

Self-incrimination

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Conditions of confinement

Disciplinary procedures

Disciplinary segregation

Rehabilitation

Sex offender regulation

Visiting

Type of Facility:

Government-run