Case: Klinger v. Nebraska Department of Correctional Services

4:88-cv-00399 | U.S. District Court for the District of Nebraska

Filed Date: July 20, 1988

Closed Date: Feb. 25, 1997

Clearinghouse coding complete

Case Summary

On July 20, 1988, women incarcerated at the Nebraska Center for Women (NCW) filed a grievance with the prison's superintendent alleging that they received unequal treatment in the programs and services as compared to men incarcerated at various other prisons around Nebraska. Specifically, the plaintiffs claims revolved around access to courts, visitation opportunities, recreation time, education and vocational training, pay, library facilities, mental health programs, and general health care. W…

On July 20, 1988, women incarcerated at the Nebraska Center for Women (NCW) filed a grievance with the prison's superintendent alleging that they received unequal treatment in the programs and services as compared to men incarcerated at various other prisons around Nebraska. Specifically, the plaintiffs claims revolved around access to courts, visitation opportunities, recreation time, education and vocational training, pay, library facilities, mental health programs, and general health care. When the superintendent failed to adequately address the women's concerns, they filed a pro se class action lawsuit in the U.S. District Court for the District of Nebraska. After counsel was appointed to represent the women, they filed an amended complaint and a motion for class certification. The proposed class consisted of "all female prisoners confined at [NCW] as of January 1, 1988, and all female prisoners who will be confined at NCW until the conclusion of this lawsuit.”

In April 1989, Judge Warren K. Urbom certified the class. The plaintiffs filed a second and third amended complaint in June 1989 and September 1990, respectively. On January 29, 1991, Judge Urbom granted the defendants' motion for summary judgment on some Eighth Amendment claims, and also found that claims against defendants in their official capacities were barred by the Eleventh Amendment. Four claims remained after Judge Urbom's order:

  1. An Equal Protection claim under 42 U.S.C. § 1983 alleging that the defendants did not maintain "parity" in the programs and services at female prisons as compared to male prisons.
  2. A claim alleging that the defendants violated Title IX of the Education Amendments of 1972 by failing to provide equal programs and services as compared to male prisons.
  3. A Fourteenth Amendment due process claim 42 U.S.C. § 1983 alleging that the defendants infringed upon the plaintiffs' right of access to courts by providing inadequate legal assistance.
  4. An Eighth Amendment claim 42 U.S.C. § 1983 alleging deliberate indifference to serious medical and dental needs.
The remaining claims proceeded to trial. The defendants' liability was bifurcated from their damages; the liability aspects proceeded to a 19-day trial held in July and August of 1992. On June 21, 1993, Judge Richard Kopf issued an opinion. 824 F. Supp. 1374. He ruled that the plaintiffs succeeded in proving an Equal Protection violation with regards to the defendants administration of employment opportunities, education and vocational programs, law library access, medical and dental care, mental health care, and recreation options. The only Equal Protection claim that failed was alleged unequal visitation practices. Judge Kopf also ruled that the plaintiffs succeeded on their Title IX claims with regards to educational programs, and their Fourteenth Amendment due process claim with regards to law library access. However, Judge Kopf found in favor of the defendants on the Eighth Amendment medical care claims after determining that the defendants did not have the requisite culpable state of mind.

The defendants filed an interlocutory appeal arguing that the district court incorrectly applied the law with regards to the Equal Protection claims. On August 10, 1994, the Eighth Circuit reversed the district court's decision after finding that the female plaintiffs were not similarly situated to the male prisoners for the purposes of prison programs and services. 31 F.3d 72. The Eighth Circuit found that the complaint did not allege disparate funding between female and male prisons, so any discrepancy in programming was due to administrative decisions about how to utilize the allocated funds. The plaintiffs appealed the Eighth Circuit's decision to the U.S. Supreme Court, but the Court denied certiorari. 513 U.S. 1185.

After the Eighth Circuit issued their opinion with regards to the Equal Protection claims, the district court reversed its judgment on the Title IX claims, too. 887 F. Supp. 1281. Because the female and male facilities were not similarly situated for comparison in the Equal Protection context, they also could not form the basis of a Title IX claim, either.

On October 13, 1995, after holding a second trial to determine damages on the sole remaining claim of inadequate access to the law library, Judge Kopf awarded the plaintiffs $2.00 in nominal damages. 902 F. Sup. 1036. Judge Kopf found that the defendants did not act recklessly or with callous indifference toward the plaintiffs, and therefore declined to award punitive damages. Two months later, Judge Kopf found that the plaintiffs' counsel asked for reasonable attorneys' fees and awarded $40,642.44. 909 F. Supp. 1239.

The defendants appealed the district court's damages ruling to the Eighth Circuit. On February 25, 1997, the Eighth Circuit reversed the district court's finding on the access to to courts claim and vacated the award of nominal damages and attorneys' fees. 107 F.3d 609. The Eight Circuit found that the plaintiffs failed to show an actual injury, thereby precluding their ability to succeed on an access-to-courts claim. As the appeals court reversed the district court's finding with respect to this final claim, the last of the plaintiffs' surviving claims was denied. As such, because the plaintiffs last claims were similarly extinguished, the case ended.

Summary Authors

Justin Hill (1/17/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5702046/parties/klinger-v-dept-of-corrections/


Judge(s)

Arnold, Morris Sheppard (Arkansas)

Kopf, Richard George (Nebraska)

Magill, Frank J. (North Dakota)

McMillian, Theodore (Missouri)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Grimit, Robert T. (Nebraska)

Perry, Gail S. (Nebraska)

Attorneys(s) for Defendant

Camp, Laurie Smith (Nebraska)

Chapman, Elaine A. (Nebraska)

Other Attorney(s)

Active

Judge(s)

Arnold, Morris Sheppard (Arkansas)

Kopf, Richard George (Nebraska)

Magill, Frank J. (North Dakota)

McMillian, Theodore (Missouri)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Grimit, Robert T. (Nebraska)

Perry, Gail S. (Nebraska)

Attorneys(s) for Defendant

Camp, Laurie Smith (Nebraska)

Chapman, Elaine A. (Nebraska)

Other Attorney(s)

McAdams, James R. (Missouri)

Nixon, Jeremiah (Jay) W. (Missouri)

Documents in the Clearinghouse

Document

4:88-cv-00399

Docket

Klinger v. Dept of Corrections

Feb. 24, 2009

Feb. 24, 2009

Docket
670

4:88-cv-00399

Opinion

824 F.Supp. 1374

June 21, 1993

June 21, 1993

Order/Opinion

0:93-02928

Opinion

Klinger v. Department of Corrections

U. S. Court of Appeals for the Eighth Circuit

31 F.3d 727

Aug. 10, 1994

Aug. 10, 1994

Order/Opinion

0:94-07589

Opinion

Klinger v. Nebraska Department of Corrections

Supreme Court of the United States

513 U.S. 1185

Feb. 21, 1995

Feb. 21, 1995

Order/Opinion
707

4:88-cv-00399

Memorandum and Order

887 F.Supp. 1281

May 23, 1995

May 23, 1995

Order/Opinion
720

4:88-cv-00399

Opinion

902 F.Supp. 1036

Oct. 13, 1995

Oct. 13, 1995

Order/Opinion
726

4:81-00399

Opinion

909 F.Supp. 1329

Dec. 15, 1995

Dec. 15, 1995

Order/Opinion
816708

0:96-01241

0:96-01243

Opinion

Klinger v. Department of Corrections

U. S. Court of Appeals for the Eighth Circuit

107 F.3d 609

Feb. 25, 1997

Feb. 25, 1997

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5702046/klinger-v-dept-of-corrections/

Last updated Aug. 2, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
2

COMPLAINT: with request for appointment of counsel and statement in support of req to proceed ifp of P Lange, with attachments (CCB) (Entered: 01/25/1992)

July 20, 1988

July 20, 1988

12

AMENDED COMPLAINT [2−1] by plaintiffs (class action) (CCB) (Entered: 01/25/1992)

Jan. 9, 1989

Jan. 9, 1989

14

MOTION by plaintiffs to certify class action (CCB) (Entered: 01/25/1992)

Jan. 10, 1989

Jan. 10, 1989

19

ORDER by Judge Warren K. Urbom granting motion to certify class action [14−1] & shall consist of all females at NCW up until conclusion of lawsuit and cnsl is extended to include representation of certified class − CCAP (CCB) (Entered: 01/25/1992)

Feb. 22, 1989

Feb. 22, 1989

31

SECOND AMENDED COMPLAINT [12−1] by plaintiffs (CCB) (Entered: 01/25/1992)

June 15, 1989

June 15, 1989

49

ANSWER to second amended complaint by defendants (CCB) (Entered: 01/25/1992)

Aug. 7, 1989

Aug. 7, 1989

79

MOTION by defendants for protective order and request for & notice of expedited hrg w/attachm includ afdvt of Yvonne E. Gates (KMG) (Entered: 06/17/1992)

Dec. 18, 1989

Dec. 18, 1989

80

MOTION by plaintiffs to compel & for hrg w/attachm (KMG) (Entered: 06/17/1992)

Dec. 18, 1989

Dec. 18, 1989

87

MEMORANDUM & ORDER by Magistrate David L. Piester granting & denying in part the motion for protective order and request for & notice of expedited hrg [79−1]; granting & denying in part the motion to compel & for hrg [80−1] − CCAP (KMG) Modified on 06/17/1992 (Entered: 06/17/1992)

Dec. 19, 1989

Dec. 19, 1989

97

MOTION by defendants for summary judgment w/afdvts of Mary R. Norquest, Larry Tewes & Twila Jones & depos of Cheryl Klinger, Linda Lange, Stacy Finn & Gweniver Lay attached (KMG) (Entered: 06/17/1992)

Jan. 9, 1990

Jan. 9, 1990

145

ORDER by Magistrate Richard G. Kopf ; settlement conference set for 4:00 3/9/90 − CCAP (CCB) Modified on 01/31/1992 (Entered: 01/25/1992)

March 2, 1990

March 2, 1990

161

MOTION by defendants to suppress & request for expedited hrg (KMG) (Entered: 06/17/1992)

March 14, 1990

March 14, 1990

171

MEMORANDUM & ORDER by Magistrate David L. Piester denying motion to suppress & request for expedited hrg [161−1] − CCAP (KMG) (Entered: 06/17/1992)

March 21, 1990

March 21, 1990

184

ORDER by Magistrate David L. Piester amending Crt's Order of 3/9/90 and denying motion to clarify [163−1] & denying motion to stay [163−2] as moot − CCAP (KMG) (Entered: 06/17/1992)

March 30, 1990

March 30, 1990

199

MEMO & ORDER by Magistrate David L. Piester denying as moot the motion for protective order (#166); granting in part the motion for addl time to resp to disc reqs (#168) & motion for authoriz to incur expenses up to $250.00 (#188) & granting Ps' req for lv to submit in camera showing & shall be saled & filed & forwarded to Chief Judge; Ds' motion for lv to take inmates' depos (#194) is granted − CCAP (KMG) (Entered: 06/17/1992)

April 24, 1990

April 24, 1990

208

MOTION by plaintiffs for leave to file 3rd amended complaint w/cc attached (KMG) (Entered: 06/17/1992)

May 9, 1990

May 9, 1990

225

MEMO & ORDER by Magistrate David L. Piester denying motion for leave to file 3rd amended complaint [208−1] & req for expedited hrg on M to strike Ds' expert witns − cnsl called − CCAP (KMG) (Entered: 06/17/1992)

May 24, 1990

May 24, 1990

283

MEMO & ORDER by Magistrate David L. Piester granting in part Ps' M to depose certain inmate witns & otherwise denying (#258); granting in part Ps' M to inspect inmate files w/directions to cnsl (#259) − CCAP (KMG) (Entered: 06/17/1992)

June 21, 1990

June 21, 1990

294

PROGRESSION/SCHEDULING ORDER Magistrate David L. Piester ; pretrial conference set for 9:00 10/23/90 ; non−jury trial set for 9:00 11/26/90 for four weeks subj to any cirm case, etc. − CCAP (CCB) (Entered: 01/25/1992)

July 6, 1990

July 6, 1990

333

THIRD AMENDED COMPLAINT [31−1] by plaintiffs (CCB) (Entered: 01/25/1992)

Sept. 6, 1990

Sept. 6, 1990

352

MOTION by defendants for summary judgment on third amended complaint (KMG) (Entered: 06/17/1992)

Sept. 27, 1990

Sept. 27, 1990

353

MOTION by defendants to dismiss (KMG) (Entered: 06/17/1992)

Sept. 27, 1990

Sept. 27, 1990

356

MOTION by defendants to decertify class w/afdvt of Ronald D. Riethmuller (KMG) (Entered: 06/17/1992)

Oct. 1, 1990

Oct. 1, 1990

383

MEMO & ORDER by Magistrate David L. Piester denying Ps' M to file amended M to compel (#377); on Crt's own M, parag. 1 of 6/15/90 O (#270) is reconsidered & Ps' M to strike (#224) is grntd in part & denied in part; Ps' awarded expenses including atty fees to be paid by Ds' cnsl, etc. − CCAP (KMG) (Entered: 06/17/1992)

Oct. 18, 1990

Oct. 18, 1990

409

PRE−TRIAL ORDER by Magistrate David L. Piester : PTC held on 10/23/90, setting T 11/26/90 at 9:00 and setting brf sched & time for subm propos find of fact − Copy to counsel at time of Pretrial (CCB) (Entered: 01/25/1992)

Oct. 23, 1990

Oct. 23, 1990

435

MEMO & ORDER by Judge Warren K. Urbom denying motion to decertify class [356−1] − CCAP (KMG) (Entered: 06/17/1992)

Nov. 6, 1990

Nov. 6, 1990

487

JUDGMENT: by Judge Warren K. Urbom granting Ds' motion for summary judgment on third amended complaint [352−1]; denying Ds' motion to dismiss [353−1]; and granting & denying in part Ds' motion for summary judgment [97−1] − CCAP (KMG) (Entered: 06/17/1992)

Jan. 29, 1991

Jan. 29, 1991

495

ANSWER by defendant Harold W. Clarke to third amd cmp (CCB) (Entered: 01/25/1992)

Feb. 21, 1991

Feb. 21, 1991

496

ANSWER by defendant Victor Lofgreen to third amd cmp (CCB) (Entered: 01/25/1992)

Feb. 21, 1991

Feb. 21, 1991

497

ANSWER by Frank O. Gunter to third amended complaint (CCB) (Entered: 01/25/1992)

Feb. 21, 1991

Feb. 21, 1991

498

ANSWER by defendant Larry Wayne to third amended cmp (CCB) (Entered: 01/25/1992)

Feb. 21, 1991

Feb. 21, 1991

500

ANSWER by defendant Margaret Wehland to third amended cmp. (CCB) (Entered: 01/25/1992)

Feb. 21, 1991

Feb. 21, 1991

501

ANSWER by defendant Dept of Corrections to third amd cmp. (CCB) (Entered: 01/25/1992)

Feb. 21, 1991

Feb. 21, 1991

503

MOTION by plaintiffs to set mandatory settlement conference (KMG) (Entered: 06/17/1992)

March 4, 1991

March 4, 1991

506

ORDER by Magistrate David L. Piester granting M to reconsider & claify O (#490) & filing #488 is amended to add $3,531.00 in atty fees, payable to Ds' cnsl & denying M to allow & reopen disc & restrict time to resp to interrogs (#484) & to reopen disc, establishing deadlines & allowing amendment of O on PTC (#485) − CCAP (KMG) (Entered: 06/17/1992)

March 12, 1991

March 12, 1991

507

ORDER by Magistrate David L. Piester denying motion to set mandatory settlement conference [503−1] − CCAP (KMG) (Entered: 06/17/1992)

March 19, 1991

March 19, 1991

512

MOTION by plaintiffs Cheryl Klinger, et al to reopen discovery , to amend pto , for scheduling conference , and for oral argument (ICMSUSER) Modified on 10/22/1992 (Entered: 01/30/1992)

Jan. 28, 1992

Jan. 28, 1992

513

ORDER by Magistrate David L. Piester granting in part motion to reopen discovery [512−1]; denying motion to amend pto [512−2]; granting motion for scheduling conference [512−3] , scheduling cnf set for 3/26/92 at 2:30 p.m. ; Trial is set to commence at 9:00 a.m on 7/27/92 for 4 weeks − CCAP on 3/10/92 (CCB) Modified on 04/20/1992 (Entered: 03/10/1992)

March 9, 1992

March 9, 1992

514

CERTIFICATE of service by defendant Larry Wayne of ans. to interrog. set 5 (ICMSUSER) (Entered: 03/23/1992)

March 20, 1992

March 20, 1992

515

CERTIFICATE by plaintiffs of serv of req for productn (8th set) (ICMSUSER) (Entered: 03/31/1992)

March 30, 1992

March 30, 1992

516

CERTIFICATE by plaintiff of service of interrog to dfs set #5 (ICMSUSER) (Entered: 03/31/1992)

March 30, 1992

March 30, 1992

517

ORDER by Magistrate David L. Piester purs to conf held w counsl 3−26−92 re parties plans for disc; conf w counsl & presiding tr judge set for 7−10−92 at 9:00 a.m. − CCAP (ICMSUSER) (Entered: 03/31/1992)

March 31, 1992

March 31, 1992

518

CERTIFICATE by defendants of serv of interrogs & req for productn, 2nd set (ICMSUSER) (Entered: 04/07/1992)

April 3, 1992

April 3, 1992

519

STIPULATION by parties for leave to inspect files , w attchmts (ICMSUSER) (Entered: 04/15/1992)

April 14, 1992

April 14, 1992

520

ORDER by Magistrate David L. Piester granting motion for leave to inspect files [519−1] − CCAP (4−15−92) (ICMSUSER) (Entered: 04/15/1992)

April 14, 1992

April 14, 1992

521

CERTIFICATE by plaintiffs of interrogs to dfs (6th set) and req for productn (9th set) (ICMSUSER) (Entered: 04/16/1992)

April 15, 1992

April 15, 1992

522

CERTIFICATE by defendants of service of req for productn (8th set) (ICMSUSER) (Entered: 04/28/1992)

April 27, 1992

April 27, 1992

523

STIPULATION re inspection of certain files, w attchmts (ICMSUSER) (Entered: 04/30/1992)

April 30, 1992

April 30, 1992

524

ORDER by Magistrate David L. Piester for leave to inspect files pursuant to stipulation #523 − CCAP (ICMSUSER) (Entered: 04/30/1992)

April 30, 1992

April 30, 1992

525

CERTIFICATE of service by plaintiff of objs and answers to Ds' interrogs (second set) and resp to req for produc (second set) (CCB) (Entered: 05/07/1992)

May 5, 1992

May 5, 1992

526

JOINT MOTION (Stipulation) by plaintiffs, defendants allowing inspection of files with attachments (CCB) (Entered: 05/07/1992)

May 6, 1992

May 6, 1992

528

STIPULATION that files concerning Penny Goings and Susan Vrtatko be made available for inspection by Gail Perry (CCB) (Entered: 05/11/1992)

May 11, 1992

May 11, 1992

529

ORDER by Magistrate David L. Piester granting stipulation making files re Penny Goings and Susan Vrtatko available for inspection by Gail Perry [528−1] − CCAP (CCB) (Entered: 05/11/1992)

May 11, 1992

May 11, 1992

530

MOTION by defendants to amend pretrial order and designation of expert witnesses with attachments (CCB) (Entered: 05/12/1992)

May 11, 1992

May 11, 1992

531

MOTION by plaintiffs to amend pretrial order with exhs attached (CCB) (Entered: 05/12/1992)

May 11, 1992

May 11, 1992

532

CERTIFICATE of service by defendants of suppl desig of expert testimony (CCB) (Entered: 05/12/1992)

May 11, 1992

May 11, 1992

533

CERTIFICATE of service by defendants of motion to amend pretrial order (CCB) (Entered: 05/12/1992)

May 11, 1992

May 11, 1992

534

CERTIFICATE of service by defendants of brief in support of mtn to amend pretiral order (CCB) (Entered: 05/12/1992)

May 11, 1992

May 11, 1992

535

MOTION (Stipulation) by plaintiffs, defendants allowing Ds to supplement and/or answer their resps to Ps' disc reqs, etc. [535−1] (CCB) (Entered: 05/12/1992)

May 11, 1992

May 11, 1992

536

ORDER by Magistrate David L. Piester granting motion allowing Ds to supplement and/or answer their resps to Ps' disc reqs, etc. [535−1] − CCAP (ICMSUSER) (Entered: 05/14/1992)

May 13, 1992

May 13, 1992

537

CERTIFICATE by defendants of serv of ans to interrogs (6th set) and req for productn (9th set) (ICMSUSER) (Entered: 05/14/1992)

May 13, 1992

May 13, 1992

538

AFFIDAVIT of Elaine A. Chapman in suppt of objn to pls' mot for lv to amd p t ord w attchmts (ICMSUSER) (Entered: 05/15/1992)

May 14, 1992

May 14, 1992

539

MOTION by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn to strike amdmts to PTO proposed in dfs' mot of 5/11/92 (ICMSUSER) (Entered: 05/18/1992)

May 15, 1992

May 15, 1992

540

SUPPLEMENTAL MOTION by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn to amend PT order w attchmts (ICMSUSER) (Entered: 05/19/1992)

May 18, 1992

May 18, 1992

541

MOTION by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn to strike dfs' suppl desig of expert testimony (ICMSUSER) (Entered: 05/19/1992)

May 18, 1992

May 18, 1992

542

CERTIFICATE of service by defendants of brief in opposition to Ps' mtn to strike suppl designation of expert testimony (CCB) (Entered: 05/21/1992)

May 20, 1992

May 20, 1992

543

MOTION by defendant Dept of Corrections, defendant Harold W. Clarke, defendant Larry Tewes, defendant Victor Lofgreen, defendant Larry Wayne, defendant Judith Danielsen, defendant Margaret Wehland to strike individuals identified in 1st suppl mot to amd PTO , w afdt of Elaine A. Chapman and attchmts in suppt (ICMSUSER) Modified on 05/22/1992 (Entered: 05/22/1992)

May 21, 1992

May 21, 1992

544

CERTIFICATE by defendant Dept of Corrections, defendant Harold W. Clarke, defendant Larry Tewes, defendant Victor Lofgreen, defendant Larry Wayne, defendant Judith Danielsen, defendant Margaret Wehland of serv of brf in suppt of mot to strike (ICMSUSER) (Entered: 05/22/1992)

May 21, 1992

May 21, 1992

545

CERTIFICATE by defendant Dept of Corrections, defendant Harold W. Clarke, defendant Larry Tewes, defendant Victor Lofgreen, defendant Larry Wayne, defendant Judith Danielsen, defendant Margaret Wehland of serv of brf in resp to pls' mot to strike (#539) (ICMSUSER) (Entered: 05/22/1992)

May 21, 1992

May 21, 1992

547

MOTION by defendant Dept of Corrections, defendant Harold W. Clarke, defendant Larry Tewes, defendant Victor Lofgreen, defendant Larry Wayne, defendant Judith Danielsen, defendant Margaret Wehland for leave to depose Lataunya Hunt, Scheryle Woodall, Cheryl Neely, Melayne Danekas, Pat Hurtado, Cathy Velasquez, Elizabeth Blank and Marie Ganote , w afdt of Elaine A. Chapman attch'd (ICMSUSER) (Entered: 05/26/1992)

May 22, 1992

May 22, 1992

548

NOTICE by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn of taking deposition of Deb Fitzgerald on 5/28/92 at 8:30 a.m. (ICMSUSER) (Entered: 05/27/1992)

May 26, 1992

May 26, 1992

549

CERTIFICATE by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn of ntc to take depo of Deb Fitzgerald (ICMSUSER) (Entered: 05/27/1992)

May 26, 1992

May 26, 1992

550

CERTIFICATE by defendant Dept of Corrections, defendant Harold W. Clarke, defendant Larry Tewes, defendant Victor Lofgreen, defendant Larry Wayne, defendant Judith Danielsen, defendant Margaret Wehland of ntcs to take depos of Lataunya Hunt, Scheryle Woodall and Cheryl Neely (ICMSUSER) (Entered: 05/27/1992)

May 26, 1992

May 26, 1992

551

NOTICE by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn and submsn of 2nd suppl amdmt to PTO (ICMSUSER) (Entered: 05/28/1992)

May 27, 1992

May 27, 1992

552

CERTIFICATE by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn of service of 2nd suppl amdmt to PTO (ICMSUSER) (Entered: 05/28/1992)

May 27, 1992

May 27, 1992

553

ORDER by Magistrate David L. Piester granting motion for leave to depose Lataunya Hunt, Scheryle Woodall, Cheryl Neely, Melayne Danekas, Pat Hurtado, Cathy Velasquez, Elizabeth Blank and Marie Ganote [547−1] at time and place agreeable to administration of penal facility wherein pla is housed − CCAP (5−28−92) (ICMSUSER) (Entered: 05/28/1992)

May 27, 1992

May 27, 1992

554

MOTION by defendant Dept of Corrections, defendant Harold W. Clarke, defendant Larry Tewes, defendant Victor Lofgreen, defendant Larry Wayne, defendant Judith Danielsen, defendant Margaret Wehland for leave to depose Carolyn Sandlin , w afdt of Elaine A. Chapman in suppt (ICMSUSER) (Entered: 06/02/1992)

May 29, 1992

May 29, 1992

555

CERTIFICATE by defendant Dept of Corrections, defendant Harold W. Clarke, defendant Larry Tewes, defendant Victor Lofgreen, defendant Larry Wayne, defendant Judith Danielsen, defendant Margaret Wehland of serv of notices to take depos of LaDonna Shippen, Melayne Danekas, Pat Hurtado, Cathy Velasquez, Elizabeth Blank, Mary Ganote and Carolyn Sandlin (ICMSUSER) (Entered: 06/02/1992)

May 29, 1992

May 29, 1992

556

MOTION by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn for authorization to incur expenses w attchmts (ICMSUSER) (Entered: 06/02/1992)

May 29, 1992

May 29, 1992

557

CERTIFICATE by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn of serv of pls' notice to take depo of Robert Whitson (ICMSUSER) (Entered: 06/02/1992)

May 29, 1992

May 29, 1992

558

CERTIFICATE by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn of serv of 3rd suppl amdmt to PTO (ICMSUSER) (Entered: 06/02/1992)

May 29, 1992

May 29, 1992

559

MOTION by Robert Whitson to quash or modify subpoena requiring him to produce documts on 6−4−92 (ICMSUSER) (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

560

AFFIDAVIT of Elaine A. Chapman regarding motion to quash or modify subpoena requiring him to produce documts on 6−4−92 [559−1], w exh attch'd (ICMSUSER) Modified on 06/03/1992 (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

562

THIRD SUPPLEMENTAL MOTION by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn to amend PTO attchmts (ICMSUSER) (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

563

FOURTH SUPPLEMENTAL MOTION by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn to amend PTO attchmts (ICMSUSER) (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

564

ORDER by Magistrate David L. Piester granting motion for leave to depose Carolyn Sandlin [554−1] − CCAP (ICMSUSER) (Entered: 06/03/1992)

June 3, 1992

June 3, 1992

565

ORDER by Magistrate David L. Piester granting motion to quash or modify subpoena requiring him to produce documts on 6−4−92 [559−1] to certain extent−−that unless otherwise agreed by counsl the productn of documts sought by the subpoena duces tecum shall be delayed until 6−10−92 − CCAP (ICMSUSER) (Entered: 06/03/1992)

June 3, 1992

June 3, 1992

566

MEMORANDUM AND ORDER: by Magistrate David L. Piester granting in part motion to amend pretrial order [530−1] and addl lay wits and exhs listed in the mtn shall be considered a part of the PTO; granting motion to strike amdmts to PTO proposed in dfs' mot of 5/11/92 [539−1 ]; granting motion to strike dfs' suppl desig of expert testimony [541−1]; granting motion to amend pretrial order [531−1] and PTO shall be considered amd as set forth in attchmts to that mtn (plas shall by 7−1−92 designate certn disc matters); granting motion to amend PT order [540−1], and pls shall designate specifically by 7−1−92 those disc matters intended to be used at tr, etc; denying motion to strike individuals identified in 1st suppl mot to amd PTO [543−1]; granting plas' 2nd suppl mot to amd PTO [551−1]; and granting motion for authorization to incur expenses [556−1] in the amt of $4,335.68 to be pd fm Federal Practice Fund − CCAP (6−4−92) (ICMSUSER) Modified on 06/05/1992 (Entered: 06/04/1992)

June 3, 1992

June 3, 1992

567

MOTION by defendants to extend time to designate portions of depos (CCB) (Entered: 06/10/1992)

June 8, 1992

June 8, 1992

568

AFFIDAVIT of Elaine A. Chapman regarding motion to extend time to designate portions of depos [567−1] (CCB) (Entered: 06/10/1992)

June 8, 1992

June 8, 1992

569

OBJECTION (Statement of Appeal) by defendants to order of Mag. Judge David Piester entered on 6/3/92 insofar as the order grants the Ps' M to strike the Ds' suppl designation of expert testimony [566−1] (CCB) (Entered: 06/10/1992)

June 8, 1992

June 8, 1992

570

FIFTH SUPPLEMENTAL MOTION by plaintiff for leave to amend PT O with list of addl exhs atchd (CCB) (Entered: 06/10/1992)

June 8, 1992

June 8, 1992

571

CERTIFICATE of service by plaintiffs of notices to take depos of Dr. Suzanne Bohn and Larry Tewes and amd notice to take depo of Robert Whitson (CCB) (Entered: 06/10/1992)

June 8, 1992

June 8, 1992

572

ORDER by Magistrate David L. Piester granting Ps' third supplemental motion to amend PTO [562−1] granting Ps' fourth supplemental motion to amend PTO [563−1] granting Ps' fifth supplemental motion to amend PTO [570−1] − CCAP (CCB) (Entered: 06/12/1992)

June 12, 1992

June 12, 1992

573

ORDER by Magistrate David L. Piester granting motion to extend time to designate portions of depos [567−1] to 7/8/92 − CCAP (CCB) (Entered: 06/12/1992)

June 12, 1992

June 12, 1992

574

ORDER by Judge Warren K. Urbom referring case to chief judge for reassignment − CCAP 5/12/92 (CCB) (Entered: 06/15/1992)

June 12, 1992

June 12, 1992

575

CERTIFICATE of service by plaintiffs of supl answers to interrogs (2nd set) (CCB) (Entered: 06/15/1992)

June 15, 1992

June 15, 1992

576

CERTIFICATION by court reporter re depo of Larry Wayne (CCB) (Entered: 06/15/1992)

June 15, 1992

June 15, 1992

578

CERTIFICATION by court reporter re depo of Timothy G. Siemek (CCB) (Entered: 06/15/1992)

June 15, 1992

June 15, 1992

579

NOTICE by defendants of taking depositions of Lisa Wilson at 8:30 a.m., Christine Adams at 9:00 a.m., Kathy Anthony at l0:00 a.m., Kim Younger at l0:30 a.m., Liz Hipple at ll:00 a.m., Lisa Harrington at ll:30 a.m., Barb Kiethley at l:00 p.m., Mary Ollerich at l:30 p.m., Benita Williamson at 2:00 p.m., Susan Vrtatko at 2:30 p.m., Alice Garza at 3:00 p.m., and Penny Goings at 3:30 p.m., all on 6/18/92 (ICMSUSER) Modified on 06/16/1992 (Entered: 06/15/1992)

June 15, 1992

June 15, 1992

Case Details

State / Territory: Nebraska

Case Type(s):

Prison Conditions

Special Collection(s):

Title IX, Sexual Violence Investigations/Resolutions

Key Dates

Filing Date: July 20, 1988

Closing Date: Feb. 25, 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

"All female prisoners confined at Nebraska Center for Women in York, Nebraska as of January 1, 1988, and all female prisoners who will be confined at NCW until the conclusion of this lawsuit."

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Corrections, State

Director Harold Clarke, State

Assistant Director and former Acting Superintendent Larry Tewes, State

Former Superintendent Victor Lofgreen, State

Superintendent Larry Wayne, State

Psychologist Judith Danielsen, State

Medical Nurse Margaret Wehland, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Access to lawyers or judicial system

Conditions of confinement

Education

Law library access

Recreation / Exercise

Totality of conditions

Visiting

Work release or work assignments

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Medical/Mental Health:

Dental care

Medical care, general

Mental health care, general

Type of Facility:

Government-run