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: Oct. 4, 2017

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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 violat…

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, a person was only eligible to take the course if there were within two years of their date of discharge. Since people 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. 79 F.Supp.3d 933. The court reasoned that, in the context of a parole-eligible life sentence imposed for a crime committed as a child, “the responsibility for ensuring that Plaintiff receives his constitutionally mandated ‘meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation’ lies squarely with [the Iowa Board of Parole] and the other State-actor Defendants.” It therefore denied the motion to dismiss in its entirety.

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 a stipulation of dismissal of all claims without prejudice, which the court granted the next day. No reasons were provided. The case is now closed.

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Summary Authors

Stephanie Benjamini (9/28/2016)

Virginia Weeks (1/27/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13541155/parties/greiman-v-hodges/

Judge(s)

Bremer, Celeste F. (Iowa)

Pratt, Robert W. (Iowa)

Attorney for Plaintiff

Allen, John Scott (Iowa)

Attorney for Defendant

Hill, William A. (Iowa)

Lundquist, John R. (Iowa)

Judge(s)

Bremer, Celeste F. (Iowa)

Pratt, Robert W. (Iowa)

Attorney for Plaintiff

Allen, John Scott (Iowa)

Whiston, John B. (Iowa)

Attorney for Defendant

Hill, William A. (Iowa)

Lundquist, John R. (Iowa)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
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]	Jan. 15, 2015	Jan. 15, 2015 Order/Opinion 79 F.Supp.3d 933

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/13541155/greiman-v-hodges/

Last updated April 9, 2025, 11:18 a.m.

ECF Number	Description	Date	Link Date / Link
1	NOTICE OF REMOVAL by Iowa Board of Parole, Jason Carlstrom, John R. Baldwin, Iowa Department of Corrections from Polk County District Court, case number CVCV046704. Filing fee paid in the amount of $ 400, receipt number 0863-2209078., filed by Iowa Board of Parole, Jason Carlstrom, John R. Baldwin, Iowa Department of Corrections. Rule 16 Notice of Dismissal set for 3/24/2014. (Attachments: # 1 State Court Petition for Declaratory and Injunctive Relief, # 2 State Court Original Notice, # 3 Local Rule 81(a) Removal List, # 4 State Court Appearance, # 5 State Court Acceptance of Service)(Lundquist, John) (Entered: 12/23/2013)	Dec. 23, 2013	Dec. 23, 2013 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
13	PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN. (Whiston, John) (Entered: 08/08/2014)	Aug. 8, 2014	Aug. 8, 2014 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
	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)	Feb. 2, 2015	Feb. 2, 2015 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
	1 - Terminate Hearings	March 2, 2016	March 2, 2016 PACER
	~Util - Set Hearings	March 2, 2016	March 2, 2016 PACER
	Status Conference set for 6/14/2016 10:30 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 25 . Signed by Magistrate Judge Celeste F. Bremer on 3/2/2016. (mlr)	March 2, 2016	March 2, 2016 PACER
	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)	March 2, 2016	March 2, 2016 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
35	STATUS REPORT Joint Status Report by Blair J Greiman. (Allen, John) (Entered: 04/24/2017)	April 24, 2017	April 24, 2017 PACER
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 PACER
37	TEXT ORDER: A Status Conference was held May 4, 2017. The next Status Conference will be held on 5/31/2017 at 11:00 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. A Joint Agenda listing issues to be discussed at the Status Conference, shall be filed by May 26, 2017. If counsel believe there are no issues to be discussed, they shall request that it be continued. Two-day bench trial remains set for 9/11/17. Final Pretrial Conference remains set for 10:00 a.m. on August 24, 2017. Signed by Magistrate Judge Celeste F. Bremer on 5/4/2017. (mlr) (Entered: 05/04/2017)	May 4, 2017	May 4, 2017 PACER
38	STATUS REPORT by Blair J Greiman. (Allen, John) (Entered: 05/26/2017)	May 26, 2017	May 26, 2017 PACER
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 PACER
	Set Deadlines/Hearings	May 31, 2017	May 31, 2017 PACER
	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)	May 31, 2017	May 31, 2017 PACER
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 PACER
41	STATUS REPORT Joint Status Report by Blair J Greiman. (Allen, John) (Entered: 06/15/2017)	June 15, 2017	June 15, 2017 PACER
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 PACER
43	STIPULATION of Dismissal Without Prejudice by Blair J Greiman. (Allen, John) (Entered: 10/03/2017)	Oct. 3, 2017	Oct. 3, 2017 PACER
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 PACER
	Terminate Civil Case	Oct. 4, 2017	Oct. 4, 2017 PACER
	***Civil Case Terminated. (don, )	Oct. 4, 2017	Oct. 4, 2017 PACER