Case: West v. Redman

1:78-cv-00014 | U.S. District Court for the District of Delaware

Filed Date: Jan. 12, 1978

Closed Date: June 30, 1993

Clearinghouse coding complete

Case Summary

The plaintiff, an inmate at the Delaware Correctional Center, brought suit in 1978, seeking damages under Section 1983 and alleging physical and psychological mistreatment by prison guards and officials. The plaintiff was subsequently certified as a class representative. The complaint was filed pro se, but a Community Legal Aid Society, Inc. (CLASI) attorney took on the case and filed an amended class action complaint seeking injunctive relief against disciplinary procedures at the prison th…

The plaintiff, an inmate at the Delaware Correctional Center, brought suit in 1978, seeking damages under Section 1983 and alleging physical and psychological mistreatment by prison guards and officials. The plaintiff was subsequently certified as a class representative. The complaint was filed pro se, but a Community Legal Aid Society, Inc. (CLASI) attorney took on the case and filed an amended class action complaint seeking injunctive relief against disciplinary procedures at the prison that allegedly violated the due process clause. In January 1980, the attorney left the legal services organization for private practice but continued his representation. In April 1980, the night before trial, plaintiff's damage claim was settled and the class claim for injunctive relief was provisionally settled.

In December 1980, the remaining matters in the case were referred to Magistrate Richard Powers. One of the issues remaining was the award of fees to the Plaintiff's attorney. Magistrate Powers determined that $52,714 was a reasonable attorney's fee. Defendants challenged the part of the calculation that increased a lodestar by both a contingency and a quality factor.

District Judge Stapleton first determined that a Magistrate's Order awarding statutory attorney's fees involves the disposition of a prisoners' petition and therefore subject to a de novo determination. West v. Redman, 530 F.Supp 546 (D. Del. 1982). Defendants first argued that plaintiff's attorney, who worked for a non-profit organization, should not be eligible for the contingency fee increase contending it should only be applied when a firm assumes a substantial financial risk by undertaking the case. The court held that the magistrate was not foreclosed from applying a contingency factor because, like for-profit firms, non-profits have to make decisions based on a cost benefit analysis and the availability of receiving contingency fees encourages them to take on ''harder'' cases they might otherwise turn down. Defendants next argued that plaintiff's attorney should not be eligible for the contingency fee for the time he was in private practice as plaintiff's chances of success were almost certain at that point. The court held that contingency of success is to be determined at the beginning of a case, and should not be modified at different stages. Finally with respect to the challenged quality factor, the court held that the adjustment was not justified as the record did not prove that plaintiff's attorney possessed an unusual degree of skill. The opinion does not state what the newly calculated attorney fee is, but it is presumably $52,714 less the quality factor of ten percent of the lodestar ($28,494) or $49,865.

A PACER docket begins in 1991 with a plaintiffs' request for permission to conduct limited discovery; a request that Magistrate Sue Robinson granted. There was apparently some kind of enforcement litigation that lasted the next two years; its outcome is unclear. Apparently she became a judge sometime in 1992, and the case was reassigned to her in that capacity. The docket ends with Judge Robinson's denial of defendants' motion for stay, denying defendants' motion for relief from judgment, but with no other indication of any substantive outcome; on the same date as those denials (June 30, 1993), the case is marked ""closed.""

Summary Authors

Sherrie Waldrup (9/12/2005)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4744589/parties/north-emerson-west-v-spencer/


Judge(s)

Robinson, Sue Lewis (Delaware)

Stapleton, Walter King (Delaware)

Attorney for Plaintiff

Shachtman, Douglas A. (Delaware)

Attorney for Defendant

Kafader, Edward F. (Delaware)

Lewis, Lawrence (Delaware)

Documents in the Clearinghouse

Documents in this case

1:78-cv-00014

Docket (PACER)

North Emerson West v. Spencer

June 30, 1993

June 30, 1993

Docket

1:78-cv-00014

Opinion

Jan. 11, 1982

Jan. 11, 1982

Order/Opinion

530 F.Supp. 546

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4744589/north-emerson-west-v-spencer/

Last updated Nov. 3, 2026, 7:47 a.m.

Docket for: North Emerson West v. Spencer
ECF Number Date Description Link
222 Feb. 7, 1991

MOTION by Hassan Umar Sharif, for Leave to conduct limited disc. Opening brief due 2/21/91 re: [222-1] motion (ssb) (Entered: 02/14/1991)

RECAP
223 Feb. 13, 1991

MOTION by Hassan Umar Sharif, for order requiring defts' compliance to Magis. order dtd. 12/12/90 Opening brief due 2/27/91 re: [223-1] motion (ssb) (Entered: 02/14/1991)

RECAP
224 March 19, 1991

ORDER granting [222-1] motion for Leave to conduct limited disc. w/defts' required to resp. to disc. rqsts. w/i 30 days ( signed by Magistrate Sue L. Robinson ) copies to: pltf. & Foster (ssb) (Entered: 03/21/1991)

RECAP
March 19, 1991

So Ordered granting [223-1] motion for order requiring defts' compliance to Magis. order dtd. 12/12/90 ( signed by Magistrate Sue L. Robinson ) Notice to pltf. & Foster (ssb) (Entered: 03/21/1991)

PACER
March 19, 1991

So Ordered granting [223-1] motion for order requiring defts' compliance to Magis. order dtd. 12/12/90 ( signed by Magistrate Sue L. Robinson ) Notice to pltf. & Foster (ssb)

225 April 3, 1991

REQUEST for Production of Documents by Hassan Umar Sharif (ssb) (Entered: 04/04/1991)

RECAP
226 April 12, 1991

NOTICE of attorney appearance for Thomas E. Adams, Bryan Allaband, Robert D. Brooks, Thomas Donohue, Donald C. Fox, Wm. L. McKinney, Daniel Pierce, George M. Pippin, Mark Redman, Walter W. Redman, Robert M. Shell, Alexander Spencer, Charles R. Tucker, Frederick N. Van Sant, James Vaughn, Samuel Wheeler, James A. Williams, Norman Yankowitt by Lawrence W. Lewis, Esq. (ssb) (Entered: 04/16/1991)

RECAP
227 April 12, 1991

MOTION by Thomas E. Adams, Bryan Allaband, Robert D. Brooks, Thomas Donohue, Donald C. Fox, Wm. L. McKinney, Daniel Pierce, George M. Pippin, Mark Redman, Walter W. Redman, Robert M. Shell, Alexander Spencer, Charles R. Tucker, Frederick N. Van Sant, James Vaughn, Samuel Wheeler, James A. Williams, Norman Yankowitt for Leave to File resp. to pltfs' mot. for relief from jdmt. ; Opening brief due 4/26/91 re: [227-1] motion (ssb) (Entered: 04/16/1991)

RECAP
228 April 12, 1991

Resp. Filed by Thomas E. Adams, Bryan Allaband, Robert D. Brooks, Thomas Donohue, Donald C. Fox, Wm. L. McKinney, Daniel Pierce, George M. Pippin, Mark Redman, Walter W. Redman, Robert M. Shell, Alexander Spencer, Charles R. Tucker, Frederick N. Van Sant, James Vaughn, Samuel Wheeler, James A. Williams, Norman Yankowitt to pltfs' motion for relief from jdmt. (ssb) (Entered: 04/16/1991)

RECAP
April 19, 1991

So Ordered granting [227-1] motion for Leave to File resp. to pltfs' mot. for relief from jdmt. ( signed by Magistrate Sue L. Robinson ) Notice to all parties. (ssb) (Entered: 04/22/1991)

PACER
April 19, 1991

So Ordered granting [227-1] motion for Leave to File resp. to pltfs' mot. for relief from jdmt. ( signed by Magistrate Sue L. Robinson ) Notice to all parties. (ssb)

229 May 6, 1991

CERTIFICATE OF SERVICE by Thomas E. Adams, Bryan Allaband, Robert D. Brooks, Thomas Donohue, Donald C. Fox, Wm. L. McKinney, Daniel Pierce, George M. Pippin, Mark Redman, Walter W. Redman, Robert M. Shell, Alexander Spencer, Charles R. Tucker, Frederick N. Van Sant, James Vaughn, Samuel Wheeler, James A. Williams, Norman Yankowitt resp. to pltf's 1st rqst. for prod. docs. (ssb) (Entered: 05/07/1991)

RECAP
230 May 23, 1991

MOTION by Hassan Umar Sharif for authorization to file Discovery ; pro. order; Opening brief due 6/6/91 re: [230-1] motion (ssb) (Entered: 05/24/1991)

RECAP
June 14, 1991

So Ordered granting [228-1] answer brief requesting this court to order reopening of jgmt. ( signed by Magistrate Sue L. Robinson ) Notice to all parties. (ssb) (Entered: 06/17/1991)

PACER
June 14, 1991

So Ordered granting [228-1] answer brief requesting this court to order reopening of jgmt. ( signed by Magistrate Sue L. Robinson ) Notice to all parties. (ssb)

231 July 3, 1991

MOTION for Douglas Shachtman, Esq. to Withdraw as Attorney for pltf. ; Opening brief due 7/17/91 re: [231-1] motion (ssb) (Entered: 07/05/1991)

RECAP
232 July 15, 1991

ORDER granting [231-1] motion for Douglas Shachtman, Esq. to Withdraw as Attorney for pltf. ( signed by Magistrate Sue L. Robinson ) copies to: pltfs' & cnsl. (ssb) (Entered: 07/18/1991)

RECAP
233 Feb. 20, 1992

CASE reassigned to Judge Sue L. Robinson from Judge Joseph J. Farnan, Jr. (copies to pltfs', JJF & SLR) (ssb) (Entered: 02/21/1992)

RECAP
234 March 6, 1992

NOTICE of substitution of attorney appearance for Walter W. Redman by John K. Welch in lieu of Lawrence Lewis, Esq. (lf) (Entered: 03/09/1992)

RECAP
235 June 17, 1992

ORDER, vacating magistrate ( signed by Judge Sue L. Robinson ) copies to: cnsl (lf) (Entered: 06/17/1992)

RECAP
June 17, 1992

CASE NO LONGER REFERRED TO Judge Unspecified (lf) (Entered: 06/17/1992)

PACER
June 17, 1992

CASE NO LONGER REFERRED TO Judge Unspecified (lf)

236 Sept. 21, 1992

ORDER denying [230-1] motion for authorization to file Discovery; further ordered that clerk shall order from archives the file Wilgus v. Peterson Misc. 4263 and upon receipt shall forward to pltfs a copy of docket sheet for purposes of identifying relevant documents for pltfs' review ( signed by Judge Sue L. Robinson ) copies to: pltf, cnsl] (lf) (Entered: 09/22/1992)

RECAP
237 Oct. 21, 1992

Pltf's enforcement of Court Order (lf) (Entered: 10/29/1992)

RECAP
238 Nov. 19, 1992

First set of admissions by PLtf George X. Robinson (lf) (Entered: 11/20/1992)

RECAP
239 Nov. 19, 1992

Second Document request directed to all defts' by pltf George X. Robinson (lf) (Entered: 11/20/1992)

RECAP
240 Nov. 19, 1992

MOTION by pltf George X. Robinson for order deciding pltfs' motion for relief from judgment or order pursuant to Federal Civil RUle 60 (b) re: [240-1] motion (lf) (Entered: 11/20/1992)

RECAP
241 Nov. 19, 1992

NOTICE of change of address of pltf George X. Robinson; New address D.C.C. (lf) (Entered: 11/20/1992)

RECAP
242 Nov. 25, 1992

Answer Brief Filed by Thomas E. Adams, Bryan Allaband, Robert D. Brooks, Thomas Donohue, Donald C. Fox, Wm. L. McKinney, Daniel Pierce, George M. Pippin, Mark Redman, Walter W. Redman, Robert M. Shell, Alexander Spencer, Charles R. Tucker, Frederick N. Van Sant, James Vaughn, Samuel Wheeler, James A. Williams, Norman Yankowitt [240-1] motion for order deciding pltfs' motion for relief from judgment or order pursuant to Federal Civil RUle 60 (b) Reply Brief due 12/2/92 (lf) (Entered: 11/30/1992)

RECAP
243 Dec. 7, 1992

MOTION by D.R. Hubbard, North Emerson West, Hassan Umar Sharif, Salih Muhammad Al-Shabazz, Hassan Umar Sharif to Strike [243-1] motion (lf) (Entered: 12/08/1992)

RECAP
244 Dec. 17, 1992

NOTICE of filing of discovery response by Thomas E. Adams, Bryan Allaband, Robert D. Brooks, Thomas Donohue, Donald C. Fox, Wm. L. McKinney, Daniel Pierce, George M. Pippin, Mark Redman, Walter W. Redman, Robert M. Shell, Alexander Spencer, Charles R. Tucker, Frederick N. Van Sant, James Vaughn, Samuel Wheeler, James A. Williams, Norman Yankowitt (lf) (Entered: 12/21/1992)

RECAP
245 Dec. 17, 1992

NOTICE of filing of discovery response; re: response to pltfs' 2nd rqst for production of documents by Thomas E. Adams, Bryan Allaband, Robert D. Brooks, Thomas Donohue, Donald C. Fox, Wm. L. McKinney, Daniel Pierce, George M. Pippin, Mark Redman, Walter W. Redman, Robert M. Shell, Alexander Spencer, Charles R. Tucker, Frederick N. Van Sant, James Vaughn, Samuel Wheeler, James A. Williams, Norman Yankowitt (lf) (Entered: 12/21/1992)

RECAP
246 Dec. 17, 1992

Answer Brief Filed by Thomas E. Adams, Bryan Allaband, Robert D. Brooks, Thomas Donohue, Donald C. Fox, Wm. L. McKinney, Daniel Pierce, George M. Pippin, Mark Redman, Walter W. Redman, Robert M. Shell, Alexander Spencer, Charles R. Tucker, Frederick N. Van Sant, James Vaughn, Samuel Wheeler, James A. Williams, Norman Yankowitt [243-1] motion to Strike [243-1] motion Reply Brief due 12/24/92 (lf) (Entered: 12/21/1992)

RECAP
247 Jan. 6, 1993

Letter dated 11/12/92 from Marian Harris to Warden Snyder; Re: response to letter from inmate George X. Robinson (lf) (Entered: 01/06/1993)

RECAP
248 Jan. 6, 1993

INTERROGATORIES propounded by D.R. Hubbard, North Emerson West, Hassan Umar Sharif, Salih Muhammad Al-Shabazz, Hassan Umar Sharif to Thomas E. Adams, Bryan Allaband, Robert D. Brooks, Thomas Donohue, Donald C. Fox, Wm. L. McKinney, Daniel Pierce, George M. Pippin, Mark Redman, Walter W. Redman, Robert M. Shell, Alexander Spencer, Charles R. Tucker, Frederick N. Van Sant, James Vaughn, Samuel Wheeler, James A. Williams, Norman Yankowitt (lf) (Entered: 01/07/1993)

RECAP
249 Jan. 11, 1993

REQUEST for Admissions by D.R. Hubbard, North Emerson West, Hassan Umar Sharif, Salih Muhammad Al-Shabazz, Hassan Umar Sharif (lf) (Entered: 01/12/1993)

RECAP
250 Feb. 5, 1993

NOTICE OF FILING OF DISCOVERY RESPONSE by Thomas E. Adams, Bryan Allaband, Robert D. Brooks, Thomas Donohue, Donald C. Fox, Wm. L. McKinney, Daniel Pierce, George M. Pippin, Mark Redman, Walter W. Redman, Robert M. Shell, Alexander Spencer, Charles R. Tucker, Frederick N. Van Sant, James Vaughn, Samuel Wheeler, James A. Williams, Norman Yankowitt to Discovery Re: [249-1] admission requested (lf) (Entered: 02/08/1993)

RECAP
251 Feb. 5, 1993

RESPONSE by Thomas E. Adams, Bryan Allaband, Robert D. Brooks, Thomas Donohue, Donald C. Fox, Wm. L. McKinney, Daniel Pierce, Norman Yankowitt to Discovery Re: [248-1] interrogatory(s) requested (lf) (Entered: 02/08/1993)

RECAP
252 June 30, 1993

ORDER denying [243-1] motion to Strike [243-1] motion, denying [240-1] motion for order deciding pltfs' motion for relief from judgment or order pursuant to Federal Civil RUle 60 (b); denying defendants' motion for relief from judgment 228 ; denying defendants' motion for stay 242 - ( signed by Judge Sue L. Robinson ) copies to: pltfs and cnsl. (pr) (Entered: 06/30/1993)

RECAP
June 30, 1993

Case closed (pr) (Entered: 07/01/1993)

PACER
June 30, 1993

Case closed (pr)

253 Feb. 14, 2006

MOTION Relief from Consent Decree by Order of 10/4/82 - filed by Walter W. Redman, Mark Redman, George M. Pippin, Charles R. Tucker, Samuel Wheeler, Thomas Donohue, James A. Williams, Frederick N. Van Sant, James Vaughn, Robert D. Brooks, Norman Yankowitt, Daniel Pierce, Alexander Spencer, Bryan Allaband, Wm. L. McKinney, Robert M. Shell, Donald C. Fox, Thomas E. Adams. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Tross, Erika) (Entered: 02/14/2006)

RECAP
254 Feb. 17, 2006

NOTICE OF SUBSTITUTION OF COUNSEL re Mark Redman, George M. Pippin, Charles R. Tucker, Samuel Wheeler, Thomas Donohue, James A. Williams, Frederick N. Van Sant, James Vaughn, Robert D. Brooks, Norman Yankowitt, Daniel Pierce, Alexander Spencer, Bryan Allaband, Wm. L. McKinney, Robert M. Shell, Donald C. Fox, Thomas E. Adams: Entry of appearance of attorney Erika Yvonne Tross. Attorney Lawrence W. Lewis terminated. (Tross, Erika) (Entered: 02/17/2006)

RECAP
255 Feb. 17, 2006

NOTICE OF SUBSTITUTION OF COUNSEL re Walter W. Redman: Entry of appearance of attorney Erika Yvonne Tross. Attorney John K. Welch terminated. (Tross, Erika) (Entered: 02/17/2006)

RECAP
256 March 13, 2006

Letter to The Honorable Sue L. Robinson from Erika Y. Tross, Deputy Attorney General regarding An automatic stay - re 253 MOTION Relief from Consent Decree by Order of 10/4/82. (Tross, Erika) (Entered: 03/13/2006)

RECAP
257 March 16, 2006

ORDER granting 253 Motion Consent Decree ordered on 10/4/1982 is hereby terminated . Signed by Judge Sue L. Robinson on 3/16/06. (rld, ) (Entered: 03/16/2006)

RECAP
March 16, 2006

CASE CLOSED (rld, )

258 March 24, 2006

Return of Undeliverable Mail sent to Salih Muhammad Al-Shabazz; return to sender, inmate unknown (fmt, ) (Entered: 03/27/2006)

RECAP
259 March 27, 2006

Return of Undeliverable Mail sent to Hassan Umar Sharif; return to sender; need SBI number or (AKA) name (fmt, ) (Entered: 03/27/2006)

RECAP
260 March 19, 2008

MOTION Relief from the District Court's Order dated March 16, 2006 terminating Consent Decree pursuant to Fed. R. Civ. P. 60 [b] 4 - filed by Rollin Lee Laub. (nfn) (Entered: 03/20/2008)

RECAP
261 April 10, 2008

Letter to Clerk from Salih Hall dated 04/07/2008 regarding Request for Clarification of Order (DI# 257) and request for copy work (DI# 253). (lid) (Entered: 04/11/2008)

RECAP
262 April 21, 2008

Letter to Salih Hall from Clerk of Court regarding Request for copywork in CA 78-14 - re 261 Letter. (lid) (Entered: 04/21/2008)

RECAP
263 April 25, 2008

Letter to Clerk from Salih Hall regarding request for copy work in CA 78-14 (DI# 253). (Clerk re-mailed a copy of D.I. 262 indicating total cost of copy work requested.) (lid) (Entered: 04/28/2008)

RECAP
264 May 29, 2008

ORDER setting briefing schedule re 260 MOTION Relief from the District Court's Order dated March 16, 2006 terminating Consent Decree pursuant to Fed. R. Civ. P. 60 [b] 4 : (Answering Brief due 6/6/2008., Reply Brief due 6/20/2008.). Signed by Judge Sue L. Robinson on 5/28/2008. (nmf) (Entered: 05/29/2008)

RECAP
May 30, 2008

Remark - Copy of D.I. 264 mailed to Rollin Lee Laub at the address listed in his motion (D.I. 260). (nmf)

265 June 6, 2008

RESPONSE to Motion re 260 MOTION Relief from the District Court's Order dated March 16, 2006 terminating Consent Decree pursuant to Fed. R. Civ. P. 60 [b] 4 filed by Walter W. Redman, Mark Redman, George M. Pippin, Charles R. Tucker, Samuel Wheeler, Thomas Donohue, James A. Williams, Frederick N. Van Sant, James Vaughn, Robert D. Brooks, Norman Yankowitt, Daniel Pierce, Alexander Spencer, Bryan Allaband, Wm. L. McKinney, Robert M. Shell, Donald C. Fox, Thomas E. Adams. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Tross, Erika) (Entered: 06/06/2008)

RECAP
266 June 9, 2008

Return of Undeliverable Mail sent to Salih Muhammad Al-Shabazz. (lid) (Entered: 06/10/2008)

RECAP
June 10, 2008

Remark : address update request fax'd to DOC, re: Salih Muhammad Al-Shabazz. (rwc)

267 June 11, 2008

Return of Undeliverable Mail (DI#264 Order) sent to Hassan Umar Sharif re: Attempted Not Known. (dzs, ) (Entered: 06/11/2008)

RECAP
June 11, 2008

Remark : Address update requested from DE DOC (dzs, )

268 June 16, 2008

Address Update provided by DE Department of Corrections, RE: Salih Muhammad Al-Shabazz. New address: 19 Blyth Ct., New Castle, DE 19720. (rwc) (Entered: 06/16/2008)

RECAP
June 16, 2008

Remark : Re-mailed DI# 264 to Salih Muhammad Al-Shabazz at new address. (rwc)

June 16, 2008

Remark: Address updated for Salih Muhammad Al-Shabazz per D.I. # 268 (rbe)

269 June 18, 2008

Letter to Judge Robinson from Douglas A. Shachtman regarding request to discontinue electronic noticing. (lid) (Entered: 06/18/2008)

RECAP
June 18, 2008

Remark: In response to Mr. Shachtman's letter dated 6/11/08, D.I. 269, a review of the docket was conducted by the Clerk's Office Help Desk. As a result, it is confirmed that Mr. Douglas A. Shachtman, Esq. has not been affiliated with CA 78-14 SLR since 7/15/1991, and therefore is not being noticed via CM/ECF. (rbe)

270 June 19, 2008

Address Update provided by DE Department of Corrections, RE: Hassan Umar Sharif (dzs, ) (Entered: 06/19/2008)

RECAP
271 June 19, 2008

REPLY BRIEF re 260 MOTION Relief from the District Court's Order dated March 16, 2006 terminating Consent Decree pursuant to Fed. R. Civ. P. 60 [b] 4 filed by Rollin Lee Laub.(document improperly addressed to Clerk, USCA 3rd Cir.) (lid) (Entered: 06/23/2008)

RECAP
June 19, 2008

Remark : Address updated per DI 270 . Re-mailed DI# 264 to Hassan Umar Sharif at new address (rbe)

272 July 9, 2008

MOTION for Summary Judgment - filed by Rollin Lee Laub. (lid) (Entered: 07/09/2008)

RECAP
273 July 9, 2008

OPENING BRIEF in Support re 272 MOTION for Summary Judgment filed by Rollin Lee Laub.Answering Brief/Response due date per Local Rules is 7/28/2008. (lid) (Entered: 07/09/2008)

RECAP
274 July 9, 2008

AFFIDAVIT of Rollin L. Laub In Support re 272 MOTION for Summary Judgment filed by Rollin Lee Laub. (lid) (Entered: 07/09/2008)

RECAP
275 Sept. 3, 2008

MEMORANDUM OPINION. Signed by Judge Sue L. Robinson on 8/28/2008. (nmf) (Entered: 09/03/2008)

RECAP
276 Sept. 3, 2008

ORDER denying 260 MOTION Relief from the District Court's Order dated March 16, 2006 terminating Consent Decree pursuant to Fed. R. Civ. P. 60 [b] 4, denying 272 MOTION for Summary Judgment. CASE CLOSED. Signed by Judge Sue L. Robinson on 8/28/2008. (nmf) (Entered: 09/03/2008)

RECAP
Sept. 3, 2008

Remark - Copy of D.I. 275 and 276 mailed to Rollin Lee Laub at the address listed in his motion (D.I. 272). (nmf)

278 Sept. 19, 2008

NOTICE OF APPEAL of 276 Order, Terminated Case,, 275 Memorandum Opinion. Appeal filed by Rollin Lee Laub. (lid) (Entered: 09/26/2008)

RECAP
277 Sept. 25, 2008

USCA Letter to District Court Clerk regarding forwarding notice of appeal on behalf of Rollin Laub to District Court. (Attachments: # 1 clerk letter)(ld, ) (Entered: 09/25/2008)

RECAP
279 Sept. 30, 2008

NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re 278 Notice of Appeal filed by Rollin Lee Laub. USCA Case Number 08-4030. USCA Case Manager: Tonya Wyche (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (tw, ) (Entered: 09/30/2008)

RECAP
280 Nov. 3, 2008

ORDER of USCA granting motion to proceed in forma pauperis as to 278 Notice of Appeal filed by Rollin Lee Laub. Decision of USCA:granting. (dw2, ) (Entered: 11/03/2008)

RECAP
281 Nov. 12, 2008

Return of Undeliverable Mail sent to Salih Muhammad Al-Shabazz. (lid) (Entered: 11/13/2008)

RECAP
282 March 11, 2009

MOTION for Relief from the State's Termination of Consent Decree - filed by James Arthur Biggins. (Originally docketed as D.I. 1 in 08-866 GMS - See D.I. 14 Memorandum and Order in 08-866 GMS). (mmm) (Entered: 03/11/2009)

RECAP
283 April 22, 2009

Letter to Chief Judge Sleet from James Arthur Biggins - re 282 MOTION and D.I. 14 in 08-cv-866-GMS. (lid) (Entered: 04/23/2009)

RECAP
284 April 30, 2009

MANDATE of USCA as to 278 Notice of Appeal filed by Rollin Lee Laub. USCA Decision: Dismissed. (Attachments: # 1 Opinion)(dw2, ) (Entered: 04/30/2009)

RECAP
285 June 19, 2009

MEMORANDUM OPINION. Signed by Judge Sue L. Robinson on 6/17/2009. (lid) (Entered: 06/19/2009)

RECAP
286 June 19, 2009

ORDER denying 282 MOTION filed by James Arthur Biggins. Signed by Judge Sue L. Robinson on 6/17/2009. (lid) (Entered: 06/19/2009)

RECAP
290 June 22, 2009

NOTICE OF APPEAL of 285 Memorandum Opinion, 286 Order. Appeal filed by James Arthur Biggins. Filing fee not paid. (nmf) (Entered: 07/23/2009)

RECAP
291 June 22, 2009

MOTION for Leave to Appeal in forma pauperis - filed by James Arthur Biggins. (nmf) (Entered: 07/23/2009)

RECAP
287 July 2, 2009

MOTION for Reconsideration re 285 Memorandum Opinion, 286 Order - filed by James Arthur Biggins. (lid) (Entered: 07/07/2009)

RECAP
288 July 13, 2009

Letter to Judge Robinson from James Arthur Biggins in support of 287 MOTION for Reconsideration re 285 Memorandum Opinion, 286 Order. (lid) (Entered: 07/14/2009)

RECAP
289 July 22, 2009

USCA Letter to District Court Clerk regarding forwarding Notice of Appeal, and Motion to Proceed In Forma Pauperis, on behalf of James Biggins to District Court. (Attachments: # 1 IFP Motion, # 2 clerk letter)(ld, ) (Entered: 07/22/2009)

RECAP
July 23, 2009

Copy of 290 Notice of Appeal mailed to: Hassan Umar Sharif and Salih Muhammad Al-Shabazz (els)

292 July 30, 2009

NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re 290 Notice of Appeal filed by James Arthur Biggins. USCA Case Number 09-3166. USCA Case Manager: Carolyn Hicks (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (ch2, ) (Entered: 08/03/2009)

RECAP
293 Aug. 5, 2009

ORDER of USCA as to 290 Notice of Appeal filed by James Arthur Biggins. Decision of USCA: staying appeal pending disposition of post decision motions in district court. (ch2, ) (Entered: 08/05/2009)

RECAP
294 Aug. 5, 2009

Return of Undeliverable Mail sent to Salih Muhammad Al-Shabazz. (lid) (Entered: 08/06/2009)

RECAP
295 Aug. 11, 2009

ORDER denying 287 Motion for Reconsideration. Signed by Judge Sue L. Robinson on 8/6/2009. (lid) (Entered: 08/11/2009)

RECAP
296 July 23, 2010

ORDER of USCA as to 290 Notice of Appeal filed by James Arthur Biggins. Decision of USCA: Directing Appellant Biggins that he must pay the full applicable filing and docketing fees to the District Court within 14 days. (ch2, ) (Entered: 07/23/2010)

RECAP
297 Aug. 9, 2010

USCA Order Terminating Appeal as to 290 Notice of Appeal filed by James Arthur Biggins. USCA Decision: DISMISSING Appeal for failure to pay the filing fee for the notice of appeal.. (ch2, ) (Entered: 08/09/2010)

RECAP

Case Details

State / Territory:

Delaware

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Jan. 12, 1978

Closing Date: June 30, 1993

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates at the Delaware Correctional Center

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Delaware Correctional Center

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Other Dockets:

District of Delaware 1:78-cv-00014

U.S. Court of Appeals for the Third Circuit 08-04030

U.S. Court of Appeals for the Third Circuit 09-03166

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Disciplinary procedures

Discrimination Area:

Discipline

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Recommended Citation