Case: Wilson v. Geerdes

8:16-cv-00524 | U.S. District Court for the District of Nebraska

Filed Date: Nov. 30, 2016

Closed Date: April 10, 2020

Clearinghouse coding complete

Case Summary

On November 30, 2016, a male prisoner and a transgender female prisoner in the Lincoln Correctional Center filed this lawsuit in the U.S. District Court for the District of Nebraska. The court granted the plaintiff’s motions to file in forma pauperis on December 29, 2016, allowing the plaintiffs to pay reduced court fees. The plaintiffs then filed an amended complaint suing employees of the Lincoln Correctional Center in their official capacities under 42 U.S.C. §1983. The plaintiffs, filing pr…

On November 30, 2016, a male prisoner and a transgender female prisoner in the Lincoln Correctional Center filed this lawsuit in the U.S. District Court for the District of Nebraska. The court granted the plaintiff’s motions to file in forma pauperis on December 29, 2016, allowing the plaintiffs to pay reduced court fees. The plaintiffs then filed an amended complaint suing employees of the Lincoln Correctional Center in their official capacities under 42 U.S.C. §1983. The plaintiffs, filing pro se and later appointed counsel, sought injunctive and declaratory relief, claiming violations of the Fourteenth Amendment’s Due Process and Equal Protection Clauses. The plaintiffs alleged that the employees at the Correctional Center interfered with their right to marry. Specifically, the plaintiffs alleged the defendants denied the plaintiffs permission to marry four times, denied the male plaintiff’s request for notary services for an affidavit required for a marriage license, and separated the plaintiffs until the male plaintiff was transferred to Nebraska State Penitentiary.

Before he was appointed counsel, the male plaintiff moved for temporary restraining orders on December 27, 2016 and January 3, 2017. Judge Richard G. Kopf denied the first motion and stayed the second until the defendants responded to the complaint. Defendants moved for to dismiss on March 29, 2017.

All pending motions were stayed on March 31, 2017, when the court appointed counsel for the plaintiffs. The court set his fees at $1,000 upon accepting the case, $1,000 upon the entry of judgment and reasonable fees to be paid out of the Federal Practice Fund. The case was removed from the pro se docket and randomly assigned to Judge Robert F. Rossiter. After several extensions, plaintiffs filed an amended complaint on October 17th, 2017. On January 23, 2018, defendants moved to consolidate the case with docket 4:18-CV-3011 because both cases involved inmates incarcerated in different facilities that wish to have the Nebraska Department of Correctional Services facilitate their marriage. Judge Cheryl R. Zwart denied the motion on March 23, 2018 because of factual differences in the cases.

After several extensions and party substitutions due to personnel changes in the Nebraska Department of Corrections, the transgender prisoner reached a settlement agreement with defendants. The State of Nebraska agreed to pay the transgender prisoner $400. The transgender prisoner's voluntary motion to dismiss was granted on January 17, 2019. Court-appointed counsel was dismissed and paid the $1,000 remainder of his stipulated fee as well as $500 for reasonable expenses.

The male plaintiff objected to the transgender prisoner's settlement and voluntary dismissal of her claims and requested appointment of replacement counsel. Magistrate Judge Cheryl R. Zwart denied both requests on February 14, 2019. The judge declined to appoint counsel because the plaintiff might no longer have a claim asserting a constitutional right to marriage if the transgender prisoner no longer wished to marry him. The male plaintiff also received a $75,000 settlement in 2014; this source of revenue had not been disclosed in his motion to proceed in forma pauperis. The male plaintiff was directed to continue pro se.

On February 12, 2019, the male plaintiff filed an objection to the dismissal filed by his former co-plaintiff, the transgender female prisoner. The male prisoner asserted that the female prisoner's counsel misrepresented her wishes. Two days later, Magistrate Judge Zwart denied his motion on the grounds that he lacked standing to challenge the dismissal of the female prisoner's case.

Both the male plaintiff and the defendants filed motions for summary judgment on March 14, 2019. Additionally, the male prisoner filed a motion for appointment of counsel, which was denied by Magistrate Judge Zwart in a July 9, 2019 opinion. 2019 WL 3006966.

After a conference with Magistrate Judge Zwart in August 2019, the defendants filed another motion for summary jugdment for failure to exhaust administrative remedies as required by the Prison Litigation Reform

Act of 1995 (“PLRA”), 42 U.S.C. § 1997e(a).

On April 10, 2020 Judge Rossiter granted the defendant's motion for summary judgment on the issue of exhaustion, and the case was dismissed without prejudice. 2020 WL 1860954. The case is now closed.

Summary Authors

Erica Becker (2/21/2019)

Sabrina Glavota (7/13/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5827589/parties/wilson-v-geerdes/


Judge(s)

Rossiter, Robert F. Jr. (Nebraska)

Zwart, Cheryl R (Nebraska)

Attorneys(s) for Plaintiff

Goins, Benjamin M. (Nebraska)

Gooch, Michael D. (Nebraska)

Govaerts, Elizabeth A (Nebraska)

Lopez, David A. (Nebraska)

Post, Ryan S (Nebraska)

Powers, Vincent M (Nebraska)

Wilson, Harold B. (Nebraska)

Attorneys(s) for Defendant

Rowley, Danielle L. (Nebraska)

Judge(s)

Rossiter, Robert F. Jr. (Nebraska)

Zwart, Cheryl R (Nebraska)

Attorneys(s) for Plaintiff

Goins, Benjamin M. (Nebraska)

Gooch, Michael D. (Nebraska)

Govaerts, Elizabeth A (Nebraska)

Lopez, David A. (Nebraska)

Post, Ryan S (Nebraska)

Powers, Vincent M (Nebraska)

Wilson, Harold B. (Nebraska)

Attorneys(s) for Defendant

Rowley, Danielle L. (Nebraska)

Documents in the Clearinghouse

Document

Docket

April 10, 2020 Docket
64

Second Amended Complaint

Oct. 17, 2016 Complaint
1

Complaint

Nov. 30, 2016 Complaint
106

Unopposed Motion to Dismiss Party Riley Nicole Shadle

Jan. 15, 2019 Pleading / Motion / Brief
110

Order Denying Motion to Appoint Counsel

Jan. 29, 2019 Order/Opinion
111

Order that attorney Michael D. Gooch's Motion for Payment of the Remaining Fee for Reimbursement of Actual Expenses is granted

Jan. 29, 2019 Order/Opinion
133

Memorandum and Order

2019 WL 3006966

July 9, 2019 Order/Opinion
173

Memorandum and Order

2020 WL 1860954

April 10, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5827589/wilson-v-geerdes/

Last updated May 20, 2022, 5 a.m.

ECF Number Description Date Link
1

COMPLAINT against Fred Britten, Scott Frakes, Jason Geerdes, and Cathy Sheair. No summons issued, filed on behalf of Harold Bryan Wilson and Riley Nicole Shadle. (LAC) (Entered: 12/02/2016)

Nov. 30, 2016 PACER
2

MOTION for Leave to Proceed in forma pauperis on behalf of Plaintiffs Riley Nicole Shadle and Harold Bryan Wilson. (LAC) Modified on 12/2/2016 to correct file date (LAC). (Entered: 12/02/2016)

Nov. 30, 2016 PACER
3

PRISONER ACCOUNT STATEMENT by Plaintiff Harold Bryan Wilson. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (LAC) Modified on 12/2/2016 to correct file date (LAC). (Entered: 12/02/2016)

Nov. 30, 2016 PACER
4

NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (LAC) (Entered: 12/02/2016)

Dec. 2, 2016 PACER
5

GENERAL ORDER NO. 2016-02: This general order provides for the management and assignment of cases filed by a plaintiff or petitioner without counsel. This general order also includes the definition of the pro se docket, responsibilities of the pro se law clerks and scheduling and discovery requirements in pro se cases. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (LAC) (Entered: 12/02/2016)

Dec. 2, 2016 PACER
6

MEMORANDUM AND ORDER that the non-lead Plaintiff, Riley Nicole Shadle, shall have 30 days from the date of entry of this order in which to advise the court whether he wishes to continue as a Plaintiff in this group action. If, by that deadline, Shadle advises the court that he does not wish to participate in the action, he will be dismissed from the lawsuit and will not be charged a filing fee for this action. This is the only way to avoid the obligation to pay a filing fee for this action. Alternatively, if any Plaintiff (including Harold Wilson) wants to pursue his claims individually in a separate lawsuit, he shall so advise the court in writing, and his claims shall be severed into a new action where a filing fee will be assessed. Each non-lead Plaintiff who chooses to continue as a Plaintiff, either in this action or in a severed individual case, is hereby ORDERED to pay the court's filing fee or file a properly completed motion for leave to proceed in forma pauperis (IFP) within 30 days from the date of this Memorandum and Order. The clerk's office is directed to send the Form AO240 to Riley Nicole Shadle. Failure to submit a properly completed IFP motion does not relieve a non-lead Plaintiff of the obligation to pay a filing fee, unless he also submits timely written notice that he does not intend to proceed with the action. Any non-lead Plaintiff who simply does not respond to this Memorandum and Order within 30 days will be obligated to pay the full filing fee and will also be dismissed from this action for want of prosecution and/or for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). Plaintiffs are again WARNED that future group motions or pleadings that do not comply with the group pleading requirements discussed herein shall be stricken pursuant to Rule 11(a). Plaintiffs are further ADVISED that each of them is under a continuing obligation to keep the court informed of any change in his address. The clerk of court is directed to set a pro se case management deadline using the following text: January 6, 2017: Check for Response to Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC) (Entered: 12/07/2016)

Dec. 7, 2016 RECAP
7

MOTION for Leave to Proceed in forma pauperis on behalf of Plaintiff Riley Nicole Shadle. (LAC) (Entered: 12/07/2016)

Dec. 7, 2016 PACER
8

PRISONER ACCOUNT CERTIFICATE by Plaintiff Riley Nicole Shadle ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (LAC) (Entered: 12/07/2016)

Dec. 7, 2016 PACER
9

MOTION on behalf of Plaintiff Harold Bryan Wilson. (LAC) (Entered: 12/09/2016)

Dec. 9, 2016 PACER
29

RESPONSE regarding Memorandum and Order 6 on behalf of Plaintiff Riley Nicole Shadle. (LAC) (Entered: 02/02/2017)

Dec. 21, 2016 PACER
10

MOTION for Leave to Proceed in forma pauperis on behalf of Plaintiff Riley Nicole Shadle. (LAC) (Entered: 12/27/2016)

Dec. 27, 2016 PACER
11

PRISONER ACCOUNT CERTIFICATE by Plaintiff Riley Nicole Shadle. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (LAC) (Entered: 12/27/2016)

Dec. 27, 2016 PACER
12

MOTION for Preliminary Injunction and/or Temporary Restraining Order on behalf of Plaintiff Harold Bryan Wilson. (LAC) (Entered: 12/27/2016)

Dec. 27, 2016 PACER
13

MEMORANDUM AND ORDER that Wilson's Motion for Leave to Proceed IFP (Filing No. 2 ) is granted. Wilson must pay an initial partial filing fee of $35.79 within 30 days, unless the court extends the time in which he has to pay in response to a written motion. After payment of the initial partial filing fee, Wilson's institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. ยง 1915(b)(2), quoted above, and forward those payments to the court. The clerk's office is directed to send a copy of this order to the appropriate official at Wilson's institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: January 28, 2017: initial partial filing fee payment due. Wilson is advised that, following payment of the initial partial filing fee, the next step in this case will be for the court to conduct an initial review of the claims to determine whether summary dismissal is appropriate under 28 U.S.C. ยง 1915(e) (2). The court will conduct this initial review in its normal course of business. Wilson's Motion to Amend (Filing No. 9 ) is denied without prejudice to him filing a proper motion to amend which complies with the local rules of this court. Wilson's Motion for Preliminary Injunction and/or Temporary Restraining Order (Filing No. 12 ) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(LAC) (Entered: 12/29/2016)

Dec. 29, 2016 RECAP
14

MEMORANDUM AND ORDER that Shadle's Motion for Leave to Proceed IFP (Filing No. 10 ) is granted. Shadle must pay an initial partial filing fee of $22.70 within 30 days, unless the court extends the time in which he has to pay in response to a written motion. After payment of the initial partial filing fee, Shadle's institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. ยง 1915(b)(2), quoted above, and forward those payments to the court. The clerk's office is directed to send a copy of this order to the appropriate official at Shadle's institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: January 28, 2017: initial partial filing fee payment due. Shadle is advised that, following payment of the initial partial filing fee, the next step in this case will be for the court to conduct an initial review of the claims to determine whether summary dismissal is appropriate under 28 U.S.C. ยง 1915(e) (2). The court will conduct this initial review in its normal course of business. Shadle's initial Motion for Leave to Proceed In Forma Pauperis (Filing No. 7 ) is denied as moot. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed) (LAC) (Entered: 12/29/2016)

Dec. 29, 2016 RECAP
15

MOTION for Preliminary Injunction and/or temporary restraining order, and motion to add additional defendant on behalf of Plaintiff Harold Bryan Wilson.(CCB) (Entered: 01/03/2017)

Jan. 3, 2017 PACER
16

MOTION for status on behalf of Plaintiff Harold Bryan Wilson.(CCB) (Entered: 01/03/2017)

Jan. 3, 2017 PACER
17

MOTION to Compel presence of inmate advisor at teleconference hearings or other proceedings on behalf of Plaintiff Harold Bryan Wilson.(CCB) (Entered: 01/03/2017)

Jan. 3, 2017 PACER
20

RESTRICTED SUPPLEMENT regarding Complaint 1 on behalf of Plaintiff Riley Nicole Shadle. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (LAC) Modified on 4/13/2017 to add restricted language pursuant to order 50 (CS). (Entered: 01/10/2017)

Jan. 5, 2017 PACER
18

MOTION to Amend to add defendants and facts on behalf of Plaintiff Harold Bryan Wilson. (LAC) (Entered: 01/10/2017)

Jan. 9, 2017 PACER
19

AMENDED COMPLAINT against Defendant Fred Britten, Richard Cruickshank, Brad Exstrom, Scott Frakes, Jason Geerdes, Troy Hawks, Cathy Sheair filed by Plaintiff Harold Bryan Wilson. (LAC) (Entered: 01/10/2017)

Jan. 9, 2017 PACER
21

MOTION to Extend on behalf of Plaintiff Riley Nicole Shadle. (LAC) (Entered: 01/17/2017)

Jan. 17, 2017 PACER

TEXT ENTRY THAT INITIAL PARTIAL FILING fee paid on behalf of Harold B. Wilson on 01/19/2017. Receipt number 8041085, in the amount of $35.79. (KLF)

Jan. 19, 2017 PACER
22

MOTION on behalf of Plaintiff Harold Bryan Wilson. (LAC) (Entered: 01/19/2017)

Jan. 19, 2017 PACER

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Riley Nicole Shadle on 1/20/2017. Receipt number 8041101, in the amount of $ 22.70. (TCL)

Jan. 20, 2017 PACER
23

LETTER on behalf of Plaintiff Riley Nicole Shadle.(TCL) (Entered: 01/20/2017)

Jan. 20, 2017 PACER
24

MOTION for Reconsideration regarding Memorandum and Order on Motion for Preliminary Injunction 13 filed by Plaintiff Riley Nicole Shadle. (JAB) (Entered: 01/20/2017)

Jan. 20, 2017 PACER
25

MEMORANDUM AND ORDER - This matter may proceed to service of process as to Plaintiffs' 42 U.S.C. ยง 1983 claims based on due process, equal protection, and retaliation against Defendants Jason Geerdes, Fred Britten, Cathy Sheair, and Scott Frakes in their official capacities only. Because Defendants are sued only in their official capacities, they shall be served at the office of the Nebraska Attorney General. The clerk of the court is directed to complete summons forms and USM-285 forms for each of the Defendants using the address Office of the Nebraska Attorney General, 2115 State Capitol, Lincoln, NE 68509, and forward them together with a copy of the Complaint and a copy of this Memorandum and Order to the Marshals Service for service of process on Defendants. Defendants shall have 21 days from the date they are served to file an answer or other responsive pleading to Plaintiffs' Complaint. Wilson's Motion for Status is granted. (Filing No. 16 .) Shadle has been given leave to proceed in forma pauperis. (Filing No. 14 .) Shadle's Motion (Filing No. 21 ) seeking an extension of time to file his initial partial filing fee is denied as moot. The court received Shadle's initial partial filing fee on January 20, 2017. All other pending motions (Filing Nos. 15, 17, 18, 22, and 24 ) will be stayed in abeyance pending a response from Defendants. The clerk's office shall terminate Defendants Brad Exstrom, Troy Hawk, and Richard Cruickshank from the case until the court acts on Wilsons Motion to Amend (Filing No. 18 ). The clerk's office shall set a pro se case management deadline using the following text: February 15, 2017: check for Defendants' response. (Pro Se Case Management Deadline set for 2/15/2017.) Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and USM with summons) (CS) (Entered: 01/26/2017)

Jan. 26, 2017 RECAP
26

Summons Issued (COPY) with USM 285 forms as to defendants Fred Britten, Scott Frakes, Jason Geerdes, Cathy Sheair with copy of Memorandum and Order 25, Complaint - Pro Se 1, and Amended Complaint 19 . (CS) (Entered: 01/26/2017)

Jan. 26, 2017 PACER
27

MOTION for Temporary Restraining Order and Preliminary Injunction on behalf of Plaintiff Harold Bryan Wilson. (LAC) (Entered: 01/30/2017)

Jan. 30, 2017 PACER
28

MEMORANDUM AND ORDER - With regard to this court's order dated January 26, 2017 (Filing No. 25 ), the United States Marshal shall serve all process in this case without prepayment of fees from Plaintiff. The clerk's office provide a copy of this order to the United States Marshal. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM and Copy mailed to pro se party )(LAC) Modified on 2/1/2017 to include mailed to pro se party (LAC). (Entered: 02/01/2017)

Feb. 1, 2017 RECAP
30

MEMORANDUM AND ORDER that Wilson's motion (Filing No. 27 ) will be stayed in abeyance with all other pending motions in this matter until Defendants respond to Plaintiffs' Complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC) (Entered: 02/07/2017)

Feb. 7, 2017 RECAP
31

SUMMONS Returned Executed upon defendant Cathy Sheair on 2/6/2017. (LAC) (Entered: 02/07/2017)

Feb. 7, 2017 PACER
32

SUMMONS Returned Executed upon defendant Jason Geerdes on 2/6/2017. (LAC) (Entered: 02/07/2017)

Feb. 7, 2017 PACER
33

SUMMONS Returned Executed upon defendant Scott Frakes on 2/6/2017. (LAC) (Entered: 02/07/2017)

Feb. 7, 2017 PACER
34

SUMMONS Returned Executed upon defendant Fred Britten on 2/6/2017. (LAC) (Entered: 02/07/2017)

Feb. 7, 2017 PACER
35

MOTION for Extension of Time to File a Responsive Pleading (30 days to 3/29/17), MOTION to Continue Stay of all Pending Motions by Attorney David A. Lopez on behalf of Defendants Fred Britten, Scott Frakes, Jason Geerdes, Cathy Sheair.(Lopez, David) (Entered: 02/22/2017)

Feb. 22, 2017 PACER
36

TEXT ORDER: Defendants' Motion for Extension of Time to file a Responsive Pleading (Filing No. 35 ) is granted. The clerk's office shall set a pro se case management deadline using the following text: March 29, 2017: check for Defendants' responsive pleading. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC) (Entered: 02/23/2017)

Feb. 23, 2017 PACER
37

MOTION for Judgment on the Pleadings on behalf of Plaintiff Harold Bryan Wilson. (LAC) (Entered: 03/01/2017)

March 1, 2017 PACER
38

TEXT ORDER - Plaintiff Wilson's Motion for Judgment on the Pleadings (Filing No. 37 ) is denied. Defendants were given until March 29, 2017, to file a responsive pleading (Filing No. 36 ). Plaintiff Wilson was given notice of Defendants' March 29, 2017, deadline to file a responsive pleading (Filing No. 36 Display Receipt). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC) (Entered: 03/02/2017)

March 2, 2017 PACER
39

OBJECTION on behalf of Plaintiff Harold Bryan Wilson. (LAC) (Entered: 03/08/2017)

March 8, 2017 PACER
40

TEXT ORDER - Plaintiff Wilson's Objection (Filing No. 39 ) is denied. The court will address any motions for extension of time to respond to Defendants' responsive pleading at the time that Plaintiffs file them. All pending motions continue to be stayed pending Defendants' response. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC) (Entered: 03/09/2017)

March 9, 2017 PACER
41

MOTION on behalf of Plaintiff Riley Nicole Shadle. (LAC) (Entered: 03/29/2017)

March 29, 2017 PACER
42

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney David A. Lopez on behalf of Defendants Fred Britten, Scott Frakes, Jason Geerdes, Cathy Sheair.(Lopez, David) (Entered: 03/29/2017)

March 29, 2017 PACER
43

BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 42 by Attorney David A. Lopez on behalf of Defendants Fred Britten, Scott Frakes, Jason Geerdes, Cathy Sheair.(Lopez, David) (Entered: 03/29/2017)

March 29, 2017 RECAP
44

BRIEF in opposition to MOTION for Preliminary Injunction 15, MOTION for Reconsideration regarding Memorandum and Order on Motion for Leave to Proceed in forma pauperis,,,,,,, Order on Motion for Miscellaneous Relief,,,,,,, Order on Motion for Preliminary Injunction,,,,,, 13 24, MOTION to Amend 18, MOTION 22, MOTION to Compel 17, MOTION for Temporary Restraining Order 27 by Attorney David A. Lopez on behalf of Defendants Fred Britten, Scott Frakes, Jason Geerdes, Cathy Sheair.(Lopez, David) (Entered: 03/29/2017)

March 29, 2017 PACER
45

MOTION to Strike Supplement 20 (Privacy Violations) by Attorney David A. Lopez on behalf of Defendants Fred Britten, Scott Frakes, Jason Geerdes, Cathy Sheair.(Lopez, David) (Entered: 03/29/2017)

March 29, 2017 PACER
46

MEMORANDUM AND ORDER that with thanks for accepting the appointment, Michael D. Gooch is hereby appointed to represent Plaintiff Wilson and Plaintiff Shadle. The clerk of the court shall provide Mr. Gooch with a copy of this Memorandum and Order. Mr. Gooch is directed to promptly enter his appearance as counsel in this case. Upon entry of Mr. Gooch's appearance in CM/ECF, the clerk of the court shall immediately pay from the Federal Practice Fund the sum of $1,000 to Mr. Gooch. A second and the last installment of $1,000 shall become due and payable to Mr. Gooch upon the entry of judgment or other closing documents in the case. Mr. Gooch may incur reasonable expenses when representing Plaintiffs in accordance with parts III(A), VI(C), and VI(E) of the Amended Plans for Administration of the Federal Practice Fund and Federal Practice Committee.1 See also NEGenR 1.7(g) and NECivR 54.3-54.4. Should Plaintiffs succeed and Mr. Gooch is awarded attorney fees and expenses that exceed $2,000 plus expenses, he shall reimburse the Federal Practice Fund for the fees and expenses paid from the fund. At the direction of the court, this case is removed from the pro se docket. The clerk's office shall randomly assign new judges to this case and shall request a reassignment order from the Chief Judge. All pending motions, including Defendants' Motion to Dismiss (Filing No. 42 ), will be stayed until the assigned judges enter an order progressing the matter. The undersigned recommends to the judges, who are ultimately assigned, to consider issuing a progression order after consultation with counsel. The clerk's office shall provide Plaintiffs, counsel for Defendants, and Chief Judge Smith Camp with a copy of this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(LAC) (Entered: 03/31/2017)

March 31, 2017 RECAP
47

NOTICE of Appearance by Attorney Michael D. Gooch on behalf of Plaintiff Harold Bryan Wilson (Gooch, Michael) (Entered: 03/31/2017)

March 31, 2017 PACER
48

NOTICE of Appearance by Attorney Michael D. Gooch on behalf of Plaintiff Riley Nicole Shadle (Gooch, Michael) (Entered: 03/31/2017)

March 31, 2017 PACER
49

REASSIGNMENT ORDER - This case is reassigned to District Judge Robert F. Rossiter, Jr. for disposition and to Magistrate Judge Cheryl R. Zwart for judicial supervision and processing of all pretrial matters. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (LAC) (Entered: 04/03/2017)

April 3, 2017 PACER

TEXT ENTRY THAT FILING fee paid on behalf of Dillon Shadle on 4/10/2017. Receipt number 8042210, in the amount of $ 15.08. (GJG)

April 10, 2017 PACER
50

ORDER - Plaintiff Wilsons motion to amend the complaint to add additional defendants 18 is denied without prejudice to re-filing, if appropriate, through his court-appointed counsel. Plaintiff Wilson's motion to permit the presence of an inmate advisor at teleconference hearings 17 is denied. Plaintiff Wilson's motion to pay the full filing fee for co-plaintiff Shadle 22 is denied. Plaintiff Shadle's motion to make filing fee payments directly to the court rather than through the penal institution 41 is denied. Defendants' motion to restrict access to Wilson's 20 (which includes Shadle's date of birth and social security number) 45 is granted. Filing 20 is now a restricted access filing. Ordered by Magistrate Judge Cheryl R. Zwart. (CS) (Entered: 04/12/2017)

April 12, 2017 RECAP
51

ORDER that plaintiff Harold Bryan Wilson's Motion for Preliminary Injunction and/or Temporary Restraining Order and Motion to Add Additional Defendant (Filing No. 15 ) is denied without prejudice to refiling, if appropriate, through court-appointed counsel. Plaintiff Riley Nicole Shadle's Motion for Reconsideration (Filing No. 24 ) is denied without prejudice to refiling, if appropriate, through court-appointed counsel. Wilson's Motion for Temporary Restraining Order and Preliminary Injunction (Filing No. 27 ) is denied without prejudice to refiling, if appropriate, through court-appointed counsel. The stay is lifted. The plaintiffs shall have until May 26, 2017, to respond to the defendants' Motion to Dismiss. Ordered by Judge Robert F. Rossiter, Jr. (JSF) (Entered: 04/26/2017)

April 26, 2017 RECAP

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Dillon Shadle on 5/10/2017. Receipt number 8042569, in the amount of $22.36. (SLP)

May 10, 2017 PACER

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Harold B. Wilson on 5/10/2017. Receipt number 8042577, in the amount of $45.57. (SLP)

May 10, 2017 PACER
52

UNOPPOSED MOTION to Extend Filing Deadline Order,,,, Terminate Motion and R&R Deadlines/Hearings,,,, Set/Reset Motion and R&R Deadlines/Hearings,,, 51 by Attorney Michael D. Gooch on behalf of Plaintiffs Riley Nicole Shadle, Harold Bryan Wilson.(Gooch, Michael) (Entered: 05/15/2017)

May 15, 2017 PACER
53

CASE CONFERENCING INSTRUCTIONS: RESTRICTED ORDER. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 05/15/2017)

May 15, 2017 PACER
54

TEXT ORDER granting 52 Motion to Extend. 1) Plaintiffs' Amended Complaint shall be filed on or before August 1, 2017. 2) A telephonic conference will the undersigned magistrate judge will be held on August 8, 2017 at 10:00 a.m. to discuss further case scheduling. Counsel shall use the conferencing information assigned to this case, (Filing No. 53), to participate in the conference. 3) Plaintiffs' deadline for responding to Defendants' motion to dismiss 42 is stayed pending further order of the court.Ordered by Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 05/15/2017)

May 15, 2017 PACER

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Dillon Shadle on 6/14/2017. Receipt number 8043010, in the amount of $ 32.00. (TCL)

June 14, 2017 PACER

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Harold B. Wilson on 6/14/2017. Receipt number 8043019, in the amount of $ 45.24. (TCL)

June 14, 2017 PACER

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Dillon Shadle on 07/10/2017. Receipt number 8043339, in the amount of $ 25.32. (MBM)

July 10, 2017 PACER

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Harold B. Wilson on 07/10/2017. Receipt number 8043350, in the amount of $ 45.57. (MBM)

July 10, 2017 PACER
55

TEXT ORDER CONTINUING HEARING: On the court's own motion Telephone Conference is continued to 8/10/2017 at 10:30 AM before Magistrate Judge Cheryl R. Zwart. Counsel shall participate using the conferencing instructions assigned to the case (see filing no. 53 ). Ordered by Magistrate Judge Cheryl R. Zwart. (TLSS) (Entered: 07/28/2017)

July 28, 2017 PACER
56

MOTION to Amend Without Showing Changes and to Add Defendants by Attorney Michael D. Gooch on behalf of Plaintiffs Riley Nicole Shadle, Harold Bryan Wilson. (Attachments: # 1 Amended Complaint)(Gooch, Michael) (Entered: 08/01/2017)

1 Amended Complaint

View on PACER

Aug. 1, 2017 PACER
57

AMENDED COMPLAINT against Defendant All Defendants, by Attorney Michael D. Gooch on behalf of Riley Nicole Shadle, Harold Bryan Wilson(Gooch, Michael) (Entered: 08/01/2017)

Aug. 1, 2017 PACER
58

ORDER that Plaintiffs' anticipated motion to strike the amended complaint (Filing No. 57 ), and to file a new amended complaint shall be filed on or before August 18, 2017. Plaintiff need not outline or otherwise identify the changes in the amended complaint. Defendants' response to Plaintiff's amended complaint shall be filed on or before 30 days after the last defendant is served. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC) (Entered: 08/10/2017)

Aug. 10, 2017 RECAP
59

AMENDED COMPLAINT against Defendant All Defendants, by Attorney Michael D. Gooch on behalf of Riley Nicole Shadle, Harold Bryan Wilson(Gooch, Michael) (Entered: 08/18/2017)

Aug. 18, 2017 PACER
60

TEXT ORDER. Plaintiffs' amended complaint has been filed. Their motion to amend, filing 56, is denied as moot. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 08/21/2017)

Aug. 21, 2017 PACER
61

TEXT ORDER. Plaintiffs have filed an amended complaint. Accordingly, Defendants' Motion to Dismiss for Failure to State a Claim 42 is denied as moot. However, as to all defendants, this order is entered without prejudice to Defendants re-filing a motion to dismiss on or before 30 days after all the newly added defendants have been served. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 08/21/2017)

Aug. 21, 2017 PACER

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Dillon Shadle on 8/21/2017. Receipt number 8043838, in the amount of $ 23.15. (TCL)

Aug. 21, 2017 PACER

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Harold B. Wilson on 8/21/2017. Receipt number 8043847, in the amount of $ 45.32. (TCL)

Aug. 21, 2017 PACER

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Riley Nicole Shadle also known as Dillon Shadle on 09/18/2017. Receipt number 8044170, in the amount of $20.00. (KLF)

Sept. 18, 2017 PACER

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Harold Bryan Wilson on 09/18/2017. Receipt number 8044188, in the amount of $45.08. (KLF)

Sept. 18, 2017 PACER
62

UNOPPOSED MOTION to Amend Complaint by Attorney Michael D. Gooch on behalf of Plaintiffs Riley Nicole Shadle, Harold Bryan Wilson. (Attachments: # 1 Second Amended Complaint)(Gooch, Michael) (Entered: 10/14/2017)

1 Second Amended Complaint

View on PACER

Oct. 14, 2017 PACER
63

TEXT ORDER granting 62 Motion to Amend. Plaintiffs' Second Amended Complaint shall be filed on or before October 20, 2017. Defendants' response to the Second Amended Complaint shall be filed within 21 days after all new defendants have been deemed served by either actual service or by waiver of service. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 10/17/2017)

Oct. 17, 2017 PACER

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Riley Nicole Shadle also known as Dillon Shadle on 10/16/2017. Receipt number 8044557, in the amount of $36.00. (KLF)

Oct. 17, 2017 PACER

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Harold Bryan Wilson on 10/16/2017. Receipt number 8044567, in the amount of $45.57. (KLF)

Oct. 17, 2017 PACER
64

AMENDED COMPLAINT against Defendant Scott Frakes, Jason Geerdes, Jeff Wooten, Robert Madsen, by Attorney Michael D. Gooch on behalf of Riley Nicole Shadle, Harold Bryan Wilson(Gooch, Michael) (Entered: 10/17/2017)

Oct. 17, 2017 PACER
65

ANSWER to Amended Complaint 64 by Scott Frakes, Jason Geerdes, Robert Madsen, Jeff Wooten (Lopez, David) (Entered: 11/07/2017)

Nov. 7, 2017 PACER

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Dillon Shadle on 11/13/17. Receipt number 8044958, in the amount of $ 38.49. (LAC)

Nov. 14, 2017 PACER

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Harold B. Wilson on 11/13/17. Receipt number 8044970, in the amount of $ 41.86. (LAC)

Nov. 14, 2017 PACER
66

ORDER that the parties shall review the undersigned magistrate judge's practices posted at Civil Case Management Practices. Counsel for the parties shall confer and, on or before January 26, 2018, they shall jointly file a Form 35 (Rule 26 (f)) Report, a copy of which can be found at http://www.ned.uscourts.gov/forms in Word and WordPerfect format. If one or more of the parties believes a planning conference is needed to complete the Rule 26(f) Report, or if the parties cannot agree on one or more of the deadlines identified or case progression issues raised in the Rule 26(f) Report, on or before January 17, 2018 a party shall contact my chambers at (402) 437−1670, or by email addressed to zwart@ned.uscourts.gov, to arrange a conference call. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC) (Entered: 12/27/2017)

Dec. 27, 2017
67

MOTION for refund on behalf of Plaintiff Riley Nicole Shadle. (MBM) (Entered: 01/02/2018)

Jan. 2, 2018

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Riley Nicole Shadle on 11/30/2017. Receipt number 8045170, in the amount of $16.91. (SLP)

Nov. 30, 2017 PACER
68

LETTER from Clerk's Office regarding # 67 Motion for refund on behalf of Plaintiff Riley Nicole Shadle.(LAC) (Entered: 01/03/2018)

Jan. 3, 2018

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Riley Nicole Shadle on 12/18/17. Receipt number 8045437, in the amount of $ 20.57. (LAC)

Dec. 18, 2017 PACER

TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Dillon Shadle on 1/22/18. Receipt number 8045842, in the amount of $ 23.35. (LAC) (Entered: 01/23/2018)

Jan. 22, 2018

TEXT ENTRY THAT FILING fee paid on behalf of Riley Shadle in case 8:16CV546 on 12/18/2017, Receipt number 8045440, in the amount of $ 20.57 has been moved to this case. (SCR, )

Dec. 19, 2017 PACER
78

ORDER denying 69 Motion to Consolidate Cases. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

March 23, 2018 RECAP

TEXT ENTRY THAT FILING fee paid on behalf of Riley Shadle in case 8:16CV546 on 01/22/2018, Receipt number 8045843, in the amount of $ 22.00 has been moved to this case. (SCR, ) (Entered: 01/24/2018)

Jan. 22, 2018
80

ORDER granting 79 Motion to Extend deadline for filing the parties' Rule 26(f) Report. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

March 28, 2018 RECAP
69

MOTION to Consolidate Case(s) 8:16−CV−524 and 4:18−CV−3011 by Attorney Ryan S. Post on behalf of Defendants Scott Frakes, Jason Geerdes, Robert Madsen, Jeff Wooten.(Post, Ryan) (Entered: 01/23/2018)

Jan. 23, 2018
81

Extend

May 11, 2018 PACER
70

BRIEF in support of MOTION to Consolidate Case(s) 8:16−CV−524 and 4:18−CV−3011 69 by Attorney Ryan S. Post on behalf of Defendants Scott Frakes, Jason Geerdes, Robert Madsen, Jeff Wooten.(Post, Ryan) (Entered: 01/23/2018)

Jan. 23, 2018
90

STIPULATED PROTECTIVE ORDER - granting TEXT EMAIL MOTION 89 . Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)

June 13, 2018 RECAP
71

UNOPPOSED MOTION to Extend or Suspend the Parties' Deadline to Submit Rule 26(f) Report Pending Decision on the Motion to Consolidate by Attorney David A. Lopez on behalf of Defendants Scott Frakes, Jason Geerdes, Robert Madsen, Jeff Wooten.(Lopez, David) (Entered: 01/26/2018)

Jan. 26, 2018
72

TEXT ORDER granting 71 Motion to Extend. The Rule 26(f) report deadline is stayed pending a ruling on the motion to consolidate. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 01/26/2018)

Jan. 26, 2018
101

AMENDED PROGRESSION ORDER - The deposition deadline is now January 31, 2019. Cross-motions for summary judgment based on stipulated facts shall be filed on or before March 14, 2019, with any response due on or before April 15, 2019. No reply shall be filed absent leave of the court for good cause shown. The deadline for filing motions to exclude testimony on Daubert and related grounds is now March 14, 2019. The clerk shall set an internal case management deadline of March 18, 2019: Confirm that cross-motions were timely filed. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)

Dec. 28, 2018 RECAP

TEXT ENTRY THAT FINAL FILING fee paid on behalf of Riley Nicole Shadle on 1/30/18. Receipt number 4−7163, in the amount of $ 11.50. (CCB) (Entered: 01/30/2018)

Jan. 30, 2018

State / Territory: Nebraska

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Nov. 30, 2016

Closing Date: April 10, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A male inmate and a transgender female inmate in the Lincoln Correctional Center who sought to marry.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Nebraska Department of Correctional Services, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: $75,400

Issues

General:

Disciplinary segregation

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Gender identity

Type of Facility:

Government-run