Case: Greiman v. Hodges

4:13-cv-00510 | U.S. District Court for the Southern District of Iowa

Filed Date: Nov. 22, 2013

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On November 22, 2013, a man that had been in custody for twenty-five years for a crime committed when he was sixteen filed this lawsuit in the U.S. District Court for the Southern District of Iowa. The plaintiff sued the Iowa Board of Parole and the Iowa Department of Corrections (IDOC) under 42 U.S.C. § 1983. The plaintiff, represented by the University of Iowa Law School Clinic, asked the court for declaratory and injunctive relief, claiming that the parole board’s actions and policies viol…

On November 22, 2013, a man that had been in custody for twenty-five years for a crime committed when he was sixteen filed this lawsuit in the U.S. District Court for the Southern District of Iowa. The plaintiff sued the Iowa Board of Parole and the Iowa Department of Corrections (IDOC) under 42 U.S.C. § 1983. The plaintiff, represented by the University of Iowa Law School Clinic, asked the court for declaratory and injunctive relief, claiming that the parole board’s actions and policies violated his Eighth and Fourteenth Amendment rights.

Specifically, the plaintiff claimed that he was being denied the opportunity for meaningful release while he was being detained under a mandatory adult life sentence for the crime he committed when he was sixteen. The plaintiff was not attempting to invalidate his life sentence, rather he was requesting a meaningful opportunity to obtain release based on his youth at the time the crime was committed combined with his demonstrated rehabilitation and maturity during the time he had already spent in prison. In Graham v. Florida, the Supreme Court stated that “Constitution prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit homicide” and to sentence otherwise was cruel and unusual punishment prohibited by the Eighth Amendment 130 S.Ct. 2011, 2034 (2010). Under Graham, the State is required to give juvenile offenders who did not commit homicide a meaningful opportunity to obtain release.

The plaintiff had previously filed a motion to correct his illegal sentence on October 15, 2010 in a separate lawsuit, filed in Iowa State Court. The motion was granted by Judge Carroll, who resentenced the plaintiff to life with eligibility for parole. The amended sentence established that the plaintiff was then eligible for parole as he had served past the statutory minimum of twenty-five years. The plaintiff applied for parole several times and was summarily denied based on the grounds of the seriousness of the offense he committed. No other grounds, such as the fact that he was an exemplary inmate for nearly thirty years and had only one minor infraction during that time, were considered during the parole review.

In addition to the policies that failed to take into account the plaintiff’s youth at the time and demonstrated maturity over the course of imprisonment, the parole board also required that the plaintiff take sex offender courses due to the nature of his crime. The plaintiff attempted to enroll in these courses, but was denied because of the Department of Corrections’ enrollment policy. Under IDOC policy, an inmate was only eligible to take the course if there were within two years of their date of discharge. Since inmates serving a life sentence lack a date of discharge, they are permanently unable to enroll in the classes required by the parole board. As a result, the plaintiff claimed that the IDOC had failed to implement any policies that would give the plaintiff a meaningful opportunity to obtain release based on rehabilitation and demonstrated maturity.

The defendants filed a motion to dismiss on February 7, 2014. On January 15, 2015, the court (Judge Robert Pratt) denied the defendant’s motion. The court found that the plaintiff did, in fact, state a plausible claim that the defendants violated his Eighth and Fourteenth Amendment rights by denying him a meaningful opportunity to obtain release, denying the motion in its entirety. 79 F.Supp.3d 933.

The parties then engaged in discovery for more than two years.

According to a status report filed on June 15, 2017, the plaintiff was granted work release status.

On October 3, 2017, the parties filed stipulation of dismissal of all claims without prejudice, which the court granted the next day. No reasons were provided. The case is now closed.

Summary Authors

Stephanie Benjamini (9/28/2016)

Virginia Weeks (1/27/2018)

People


Judge(s)

Bremer, Celeste F. (Iowa)

Pratt, Robert W. (Iowa)

Attorneys(s) for Plaintiff

Allen, John Scott (Iowa)

Whiston, John B. (Iowa)

Attorneys(s) for Defendant

Hill, William A. (Iowa)

Lundquist, John R. (Iowa)

Judge(s)

Bremer, Celeste F. (Iowa)

Pratt, Robert W. (Iowa)

Attorneys(s) for Plaintiff

Allen, John Scott (Iowa)

Whiston, John B. (Iowa)

Attorneys(s) for Defendant

Hill, William A. (Iowa)

Lundquist, John R. (Iowa)

Documents in the Clearinghouse

Document

4:13-cv-00510

Docket [PACER]

Greiman v. Carlstrom

Oct. 4, 2017

Oct. 4, 2017

Docket
1

4:13-cv-00510

Petition for Declaratory and Injunctive Relief

Greiman v. Carlstrom

Dec. 23, 2013

Dec. 23, 2013

Complaint
18

4:13-cv-00510

Order [Denying Motion to Dimiss]

79 F.Supp.3d 933

Jan. 15, 2015

Jan. 15, 2015

Order/Opinion

Docket

Last updated Sept. 1, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link

***Civil Case Terminated. (don, ) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

44

ORDER dismissing case without prejudice.. Signed by Senior Judge Robert W. Pratt on 10/4/2017. (don, ) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

43

STIPULATION of Dismissal Without Prejudice by Blair J Greiman. (Allen, John) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

42

TEXT ORDER rescheduling Final Pretrial Conference. The Final Pretrial Conference set for October 4, 2017, is rescheduled. The Final Pretrial Conference IS NOW set for 10/6/2017 at 10:15 AM in Phone Hearing before Magistrate Judge Celeste F. Bremer. Counsel shall call the Court's conference line at 515−284−6266 and enter code 116266 at the prompt. Counsel shall comply with the requirements for Final Pretrial Conferences previously set forth. Signed by Magistrate Judge Celeste F. Bremer on 9/13/2017. (mlr) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

41

STATUS REPORT Joint Status Report by Blair J Greiman. (Allen, John) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

40

ORDER resetting Final Pretrial Conference for 10/4/2017 @ 11:30 am and Bench Trial for 10/16/2017 @ 9:00. Joint Status Report to be filed by 6/15/2017. Signed by Magistrate Judge Celeste F. Bremer on 5/31/2017. (don, ) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

Set Deadlines/Hearings: Status Report due by 6/15/2017. Bench Trial set for 10/16/2017 09:00 AM in Des Moines − Room 455 − 4th Floor South before Senior Judge Robert W. Pratt. Final Pretrial Conference set for 10/4/2017 11:30 AM in Phone Hearing before Magistrate Judge Celeste F. Bremer. (rmj) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

39

Minute Entry for proceedings held before Magistrate Judge Celeste F. Bremer: Status Conference held on 5/31/2017. (ml) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

38

STATUS REPORT by Blair J Greiman. (Allen, John) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

36

Minute Entry for proceedings held before Magistrate Judge Celeste F. Bremer: Status Conference held on 5/4/2017. (tae, ) (Entered: 05/04/2017)

May 4, 2017

May 4, 2017

35

STATUS REPORT Joint Status Report by Blair J Greiman. (Allen, John) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

34

TEXT ORDER: Due to scheduling conflicts on the Court's docket, the Status Conference set for April 26, 2017, is continued. The Status Conference is now set for 5/4/2017 10:00 AM in Phone Hearing before Magistrate Judge Celeste F. Bremer. Counsel shall call the Court's conference line at 515−284−6266 and enter code 116266 at the prompt. Signed by Magistrate Judge Celeste F. Bremer on 4/4/2017. (mlr) (Entered: 04/04/2017)

April 4, 2017

April 4, 2017

33

TEXT ORDER re 32 Status Conference held February 28, 2017. The next Status Conference is set for April 26, 2017, at 9:30 a.m. using the Court's meet−me conference line. Counsel shall call 515−284−6266 and enter code 116266 at the prompt. A Joint Agenda listing issues to be discussed shall be filed on or before April 24, 2017. Signed by Magistrate Judge Celeste F. Bremer on 3/7/2017. (mlr) (Entered: 03/07/2017)

March 7, 2017

March 7, 2017

32

Minute Entry for proceedings held before Magistrate Judge Celeste F. Bremer: Status Conference held on 2/28/2017. Discovery Deadline 5/15/2017. Dispositive Motion Deadline 6/15/2017. Status Report due by 4/24/2017. Status Conference set for 4/26/2017 09:30 AM in Phone Hearing before Magistrate Judge Celeste F. Bremer. Final pretrial remains set for August 24, 2017 at 10:00 am. Trial will remain for September 11, 2017 scheduled for 2 days. (cc) (Entered: 02/28/2017)

Feb. 28, 2017

Feb. 28, 2017

31

TEXT ORDER granting 30 Motion to Withdraw as Attorney. Attorney John B Whiston terminated. Signed by Magistrate Judge Celeste F. Bremer on 6/28/2016. (mlr) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

30

MOTION to Withdraw as Attorney by Blair J Greiman.Motions referred to Celeste F. Bremer. Responses due by 7/15/2016 (Whiston, John) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

29

NOTICE of Appearance by John Scot Allen on behalf of Blair J Greiman (Allen, John) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

28

ORDER to continue trial; Discovery Deadline 3/15/2017. Dispositive Motion Deadline 4/14/2017. Bench Trial set for 9/11/2017 09:00 AM in Des Moines − Room 455 − 4th Floor South before Senior Judge Robert W. Pratt. Final Pretrial Conference set for 8/24/2017 10:00 AM by Phone Hearing. Status Conference set for 2/28/2017 10:00 AM by Phone Hearing.. Signed by Magistrate Judge Celeste F. Bremer on 6/14/2016. (mlp, ) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

27

Minute Entry for proceedings held before Magistrate Judge Celeste F. Bremer: Status Conference held on 6/10/2016. (dv, ) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

26

TEXT ORDER re 25 Order on Motion for Extension of R16/Scheduling Order Deadlines. Due to scheduling conflicts on the Court's docket, the Status Conference IS NOW set for 6/10/2016 at 10:30 AM in Phone Hearing before Magistrate Judge Celeste F. Bremer. Counsel shall call the Court's AT&T Conference line at 1−866−590−5055 and enter code 7013731 at the prompt. Signed by Magistrate Judge Celeste F. Bremer on 5/17/2016. (mlr) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

Trial set for 7/18/16 and final pretrial conference set for 7/6/16 are canceled and will be reset at a later date 25 . Signed by Magistrate Judge Celeste F. Bremer on 3/2/2016. (mlr) (Entered: 03/02/2016)

March 2, 2016

March 2, 2016

25

TEXT ORDER granting 24 Motion for Extension of Scheduling Order Deadlines. Discovery Deadline 5/2/2016. Dispositive Motion Deadline 6/1/2016. Trial set for July 18, 2016, and Final Pretrial Conference set for July 6, 2016 are canceled, and will be reset after ruling on the dispositive motion. If no dispositive motion is filed, a Status Conference to discuss setting a new trial and final pretrial conference will be held at 10:30 a.m. on June 14, 2016, by telephone conference call. Counsel shall call the Court's conference line at 515−284−6266 and enter code 116266 at the prompt. Signed by Magistrate Judge Celeste F. Bremer on 3/2/2016. (mlr) (Entered: 03/02/2016)

March 2, 2016

March 2, 2016

24

Third MOTION for Extension of Time For Scheduling Order/R16 Deadlines of Discovery, dispositive motions, continue trial date by Blair J Greiman.Motions referred to Celeste F. Bremer. Responses due by 2/29/2016 (Whiston, John) (Entered: 02/12/2016)

Feb. 12, 2016

Feb. 12, 2016

23

ORDER granting 22 Motion to Continue Trial, Final Pretrial, and discovery and dispositive motion deadlines. Five−day Bench Trial set for 7/18/2016 09:00 AM in Des Moines − Room 265 − 2nd Floor before Senior Judge Robert W. Pratt. Final Pretrial Conference set for 7/6/2016 10:00 AM in Des Moines − Room 435 − 4th Floor before Magistrate Judge Celeste F. Bremer. Discovery Deadline 2/15/2016. Dispositive Motion Deadline 3/15/2016. Signed by Magistrate Judge Celeste F. Bremer on 6/10/2015. (mlr) (Entered: 06/10/2015)

June 10, 2015

June 10, 2015

22

MOTION to Continue Motion to Extend Time for Discovery, Dispositive Motions, and Continue Trial Date by Blair J Greiman.Motions referred to Celeste F. Bremer. Responses due by 6/22/2015 (Whiston, John) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

21

ANSWER to Complaint / Petition for Declaratory and Injunctive Relief by John R. Baldwin, John F. Hodges, Iowa Board of Parole, Iowa Department of Corrections.(Lundquist, John) (Entered: 02/26/2015)

Feb. 26, 2015

Feb. 26, 2015

Set Deadlines/Hearings: Discovery due by 6/8/2015. Dispositive Motion Deadline due by 7/8/2015. Bench Trial set for 1/11/2016 09:00 AM in Des Moines Courthouse before Senior Judge Robert W. Pratt. Final Pretrial Conference set for 12/29/2015 10:30 AM in Des Moines − Room 435 − 4th Floor before Magistrate Judge Celeste F. Bremer. (mlr) (Entered: 02/02/2015)

Feb. 2, 2015

Feb. 2, 2015

20

TEXT ORDER granting 19 Motion for Extension of Time. Five−day Bench trial continued to January 11, 2016, before Senior Judge Robert W. Pratt. Final Pretrial conference continued to 10:30 a.m. on December 29, 2015, before the undersigned. Counsel shall comply with the requirements for final pretrial conference previously set forth. Discovery deadlne extended to June 8, 2015. Dispositive Motion deadline extended to July 8, 2015. Signed by Magistrate Judge Celeste F. Bremer on 2/2/2015. (mlr) (Entered: 02/02/2015)

Feb. 2, 2015

Feb. 2, 2015

19

MOTION for Extension of Time to File For Discovery, Dispositive Motions, and Continue Trial Date by Blair J Greiman.Motions referred to Celeste F. Bremer. Responses due by 2/17/2015 (Whiston, John) (Entered: 01/29/2015)

Jan. 29, 2015

Jan. 29, 2015

18

ORDER denying 2 Motion to Dismiss for Failure to State a Claim. Signed by Senior Judge Robert W. Pratt on 1/15/2015. (ndj) (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

17

CAMERAS PILOT PROJECT: NOTIFICATION REGARDING VIDEO RECORDING − Parties should complete Form E, Party Response Regarding Video Recording, and return it to the Clerk's Office no later than 7 (seven) days before the scheduled hearing. Do NOT file Form E in CM/ECF. E−mail Form E to IASD_casemanagers@iasd.uscourts.gov. Notification and Party Response Forms Regarding Video Recording sent to Parties. (sc) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

16

ORDER adopting 13 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN: Five−day Bench Trial set for 8/17/2015 09:00 AM in Des Moines − Room 265 − 2nd Floor before Senior Judge Robert W. Pratt. Final Pretrial Conference set for 8/4/2015 10:00 AM in Des Moines − Room 435 − 4th Floor before Magistrate Judge Celeste F. Bremer. Add Parties due by 9/8/2014. Amended Pleadings due by 9/8/2014. Plaintiffs Expert Witness due by 11/7/2014. Defendants Expert Witness due by 12/8/2014. Plaintiffs Rebuttal Witness Deadline due by 1/8/2015. Discovery due by 2/9/2015. Dispositive Motion Deadline due by 3/9/2015. Signed by Magistrate Judge Celeste F. Bremer on 9/3/2014. (mlr) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

15

Minute Entry for proceedings held before Senior Judge Robert W. Pratt: Motion Hearing held on 8/21/2014 re 2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jason Carlstrom, Iowa Board of Parole, John R. Baldwin, Iowa Department of Corrections. (Court Reporter Kelli Mulcahy.) (ndj) (Entered: 08/21/2014)

Aug. 21, 2014

Aug. 21, 2014

14

All Parties in this case have consented to Video Recording of some or all proceedings in this case as part of the Cameras in Court Pilot Project. In−court proceedings will be video recorded. Motion Hearing set for 8/21/2014 10:00 AM in Des Moines − Room 265 − 2nd Floor − Video Proceeding before Senior Judge Robert W. Pratt. (sc) (Entered: 08/12/2014)

Aug. 12, 2014

Aug. 12, 2014

13

PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN. (Whiston, John) (Entered: 08/08/2014)

Aug. 8, 2014

Aug. 8, 2014

12

ORDER GIVING NOTICE OF DISMISSAL Rule 16 Dismissal deadline set for 8/18/2014.. Signed by Clerk Marjorie Krahn on 8/1/2014. (dv, ) (Entered: 08/01/2014)

Aug. 1, 2014

Aug. 1, 2014

11

TEXT ORDER granting 10 Motion to Continue Motion Hearing set for 8/21/2014 10:00 AM in Des Moines − Room 265 − 2nd Floor before Senior Judge Robert W. Pratt.. Signed by Senior Judge Robert W. Pratt on 6/25/2014. (mlm, ) (Entered: 06/25/2014)

June 25, 2014

June 25, 2014

10

MOTION to Continue Hearing Set for 7/17/14 by Blair J Greiman.Motions referred to Celeste F. Bremer. Responses due by 7/14/2014 (Whiston, John) (Entered: 06/25/2014)

June 25, 2014

June 25, 2014

9

CAMERAS PILOT PROJECT: NOTIFICATION REGARDING VIDEO RECORDING − Parties should complete Form E, Party Response Regarding Video Recording, and return it to the Clerk's Office no later than 7 (seven) days before the scheduled hearing. Do NOT file Form E in CM/ECF. E−mail Form E to IASD_casemanagers@iasd.uscourts.gov. Notification and Party Response Forms Regarding Video Recording sent to Parties. (sc) (Entered: 06/24/2014)

June 24, 2014

June 24, 2014

8

TEXT ORDER Setting Hearing on Motion 2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 7/17/2014 10:00 AM in Des Moines − Room 265 − 2nd Floor before Senior Judge Robert W. Pratt. Signed by Senior Judge Robert W. Pratt on 6/23/2014. (ndj) (Entered: 06/23/2014)

June 23, 2014

June 23, 2014

7

RESPONSE to Motion re 2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Blair J Greiman. Replies due by 4/11/2014. (gk, ) (Entered: 04/01/2014)

April 1, 2014

April 1, 2014

6

TEXT ONLY ORDER granting 5 Motion to file overlength brief. Signed by Magistrate Judge Celeste F. Bremer on 3/14/2014. (pac) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

5

MOTION to file overlength brief by Blair J Greiman.Motions referred to Celeste F. Bremer. Responses due by 3/31/2014 (Attachments: # 1 Brief in Support Resist Def's Rule 12(b)(6))(Whiston, John) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

4

TEXT ONLY ORDER granting 3 Motion for Extension of Time to File. Plaintiff's Resistance to Defendants' Motion to Dismiss shall be filed by 3/14/2014. Signed by Magistrate Judge Celeste F. Bremer on 2/21/2014. (pac) (Entered: 02/21/2014)

Feb. 21, 2014

Feb. 21, 2014

3

MOTION for Extension of Time to File Resistance to Defendants' Motion to Dismiss by Blair J Greiman.Motions referred to Celeste F. Bremer. Responses due by 3/10/2014 (Whiston, John) (Entered: 02/21/2014)

Feb. 21, 2014

Feb. 21, 2014

2

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by John R. Baldwin, Jason Carlstrom, Iowa Board of Parole, Iowa Department of Corrections. Responses due by 2/24/2014 (Attachments: # 1 Brief in Support of Motion to Dismiss)(Lundquist, John) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

Case Details

State / Territory: Iowa

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 22, 2013

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A man that had been in custody for twenty-five years for a crime committed when he was sixteen.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Iowa (Polk), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Form of Settlement:

Voluntary Dismissal

Issues

General:

Juveniles

Parole grant/revocation