Case: Dee v. Brewer & Hazen v. Reagan

4:77-cv-80102 | U.S. District Court for the Southern District of Iowa

Filed Date: April 6, 1977

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On April 6, 1977, in Dee v. Brewer, a group inmates at Iowa State Prison (ISP) filed a lawsuit under 42 U.S.C. § 1983 against Iowa prison officials in the U.S. District Court for the Southern District of Iowa, Central Division. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, alleging that mail policies at the prison were in violation of the Constitution. Previously, in a related case, on August 19, 1975, in Hazen v. Reagan, another group of…

On April 6, 1977, in Dee v. Brewer, a group inmates at Iowa State Prison (ISP) filed a lawsuit under 42 U.S.C. § 1983 against Iowa prison officials in the U.S. District Court for the Southern District of Iowa, Central Division. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, alleging that mail policies at the prison were in violation of the Constitution.

Previously, in a related case, on August 19, 1975, in Hazen v. Reagan, another group of ISP inmates filed a lawsuit under 42 U.S.C. § 1983 against Iowa prison officials in the U.S. District Court for the Southern District of Iowa. Those plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, alleging that policies and practices at ISP violated the Fourteenth Amendment. The Dee and Hazen cases were later consolidated after consent decrees were separately approved in each case.

On July 25, 1980, the District Court (Judge Charles R. Wolle) approved a consent decree in the Dee case. Under the Dee consent decree, (a) an inmate's legal papers could not be taken or searched outside of the inmate's presence and observation without the inmate's prior knowledge and consent, (b) if an inmate requested that his legal papers be searched only in his presence, the person conducting the search had to take the papers from the inmate, search the papers while the inmate watched, and then return the legal papers to the inmate immediately, (c) any searches of inmates' legal papers had to be made only to detect the presence of contraband and inmates' legal papers could not be read, and (d) in the absence of exigent circumstances, inmates' legal papers could not be taken from or searched in his cell or room while the inmate was not present unless the inmate gave prior consent to such a taking or search. The information about this consent decree is referenced in an unrelated case, Welch v. Spangler, 939 F.2d 570 (8th Cir. 1991).

In 1981, the parties in Hazen entered into a settlement agreement, and in 1982, the District Court (Judge William C. Stuart) approved the consent decree. Among other things, the Hazen consent decree provided for the creation of a Prisoners' Advisory Committee (PAC). Further, the Court retained jurisdiction over the matter.

In 1993, in Hazen, the District Court (Judge Charles R. Wolle) denied the plaintiffs' motion to hold the defendants in contempt for violation of the consent decree with respect to a prison transfer allegedly intended to frustrate one inmates' nomination to the PAC. The plaintiffs appealed.

On February 16, 1994, the Eighth Circuit Court of Appeals (Judge Levin H. Campbell) affirmed the District Court's decision, refusing to hold the defendants in contempt. Hazen v. Reagan, 16 F.3d 921 (8th Cir. 1994).

Sometime before 1996, Dee and Hazen were consolidated.

On November 29, 1996, the District Court (Judge Wolle) denied the defendants' motion to terminate the consent decrees pursuant the Prison Litigation Reform Act (PLRA). Hazen v. Reagan, No. 4-75-CV090201, No. 4-77-CV-80102, 1996 WL 932550 (S.D. Iowa Nov. 29, 1996). The Court held the immediate termination provisions of the PLRA to be unconstitutional. The defendants appealed.

On appeal, on April 4, 1997, the Eighth Circuit Court of Appeals held the cases in abeyance pending the outcome of an unrelated case, Gavin v. Brandstad, PC-IA-0003. The Court issued an opinion in Gavin v. Brandstad on August 5, 1997, and a mandate on November 24, 1997. Subsequently, on February 2, 1998, the Eighth Circuit (Judges Pasco M. Bowman, Morris S. Arnold, and Roger L. Wollman) reversed the District Court's November 29, 1997, decision and remanded.

After substantial litigation respecting the defendants' resistance to enforcement of the decrees, on August 7, 1998, the District Court (Judge Wolle) granted the defendants' motion to terminate relief and dismissed the cases. The plaintiffs appealed.

On March 31, 2000, the Eighth Circuit Court of Appeals (Judge Pascal Middleton Bowman II) affirmed the District Court's August 7, 1998, ruling, which terminated the consent decrees. As the plaintiffs had apparently argued a novel contract theory, the Court held that the PLRA prohibited state-court enforcement of federal prison conditions consent decrees and so it was within the power of Congress to remove state-court jurisdiction to enforce federal consent decrees. Hazen v. Reagan, 208 F.3d 697 (8th Cir. 2000).

We have no more information on this case.

Summary Authors

Josh Altman (6/26/2006)

Related Cases

Gavin v. Ray, Southern District of Iowa (1978)

People


Judge(s)

Arnold, Morris Sheppard (Arkansas)

Bowman, Pasco Middleton II (Missouri)

Campbell, Levin Hicks (Massachusetts)

Loken, James B. (Minnesota)

Wolle, Charles Robert (Iowa)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Hulting, Patricia M (Iowa)

Lipman, Jeffrey M (Iowa)

Attorneys(s) for Defendant

Hill, William A. (Iowa)

Hoyle, John C. (District of Columbia)

Judge(s)

Arnold, Morris Sheppard (Arkansas)

Bowman, Pasco Middleton II (Missouri)

Campbell, Levin Hicks (Massachusetts)

Loken, James B. (Minnesota)

Wolle, Charles Robert (Iowa)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Hulting, Patricia M (Iowa)

Lipman, Jeffrey M (Iowa)

Attorneys(s) for Defendant

Hill, William A. (Iowa)

Hoyle, John C. (District of Columbia)

Humphrey, R Andrew (Iowa)

Lindebak, Layne M. (Iowa)

Other Attorney(s)

Allen, John Scott (Iowa)

Eastman, F David (Iowa)

Garvey, Vincent M. (District of Columbia)

Hagen, Christopher D. (Iowa)

Hansen, Peter W (Iowa)

Mears, Philip B. (Iowa)

Whiston, John B. (Iowa)

Documents in the Clearinghouse

Document

Docket (PACER)

Hazen v. Graves

Feb. 19, 2002 Docket

Docket (PACER)

Dee v. Graves

Feb. 19, 2002 Docket

Published Opinion

Hazen v. Reagen

U. S. Court of Appeals for the Eighth Circuit

16 F.3d 921

Feb. 16, 1994 Order/Opinion
442

Order

1996 WL 932550

Nov. 29, 1996 Order/Opinion

Reported Opinion

Hazen v. Reagan

U. S. Court of Appeals for the Eighth Circuit

208 F.3d 697

March 31, 2000 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
600

MANDATE from Circuit Court of Appeals affirming the decision of the District Court [580-1] (cc: Counsel) (don) (Entered: 04/24/2000)

April 24, 2000
599

COPY of Appellate Court Order: Opinion, affirming the district court's decision (don) (Entered: 04/03/2000)

April 3, 2000
598

COPY of Appellate Court Order: revised case caption (don) Modified on 03/22/1999 (Entered: 03/22/1999)

March 22, 1999
597

ORDER by Chief Judge Charles R. Wolle adopting motion to amend caption SEE ORDER FOR PARTICULARS [587-1], terminating motion to waive filing fee, filing fee paid [586-1] (cc: all counsel) (don) (Entered: 02/18/1999)

Feb. 18, 1999
596

PROPOSED Amended Caption submitted by plaintiff [594-1] (don) (Entered: 02/03/1999)

Feb. 3, 1999

REMARK only one appeal of $105.00 was requested, this money was applied to 4:75-CV-80201 receipt # 54270 (don) (Entered: 02/03/1999)

Feb. 3, 1999
595

MAIL Returned [592-1] addressed to movant Charles N Chadwick (don) (Entered: 01/26/1999)

Jan. 26, 1999
594

ORDER by Chief Judge Charles R. Wolle re [587-1] motion to amend caption, re [586-1] motion to waive filing fee. By no later than 01/28/99, counsel for pltf shall proffer to defts' a proposed caption for each case. Defts' objection to the proposed caption and postion on filing fees by 02/04/99. Plfts' required to pay any filings by 02/18/99 (cc: all counsel) (don) (Entered: 01/22/1999)

Jan. 22, 1999
593

CLERK'S COURT MINUTES: courtroom clerk: Elizabeth Clarke; ; re [587-1] motion to amend caption before Chief Judge Charles R. Wolle, re [586-1] motion to waive filing fee before Chief Judge Charles R. Wolle (don) (Entered: 01/21/1999)

Jan. 21, 1999
592

ORDER by Chief Judge Charles R. Wolle setting telephone conference hearing on motion response to amend the caption [591-1] 1:00 pm 1/21/99, setting telephone conference hearing on response to waive filing fees [590-1] 1:00 pm 1/21/99 (cc: all counsel) (don) (Entered: 01/19/1999)

Jan. 19, 1999
591

RESISTANCE by defendant Lou V Brewer to motion to waive filing fee before Chief Judge Charles R. Wolle [586-1] (don) (Entered: 01/07/1999)

Jan. 7, 1999
590

RESPONSE by defendant Lou V Brewer [587-1] re: motion to amend caption before Chief Judge Charles R. Wolle (don) (Entered: 01/07/1999)

Jan. 7, 1999
589

MAIL Returned [588-1] addressed to movant Charles N Chadwic k refused, no address given (don) (Entered: 01/04/1999)

Jan. 4, 1999
588

ORDER by Chief Judge Charles R. Wolle re [587-1] motion to amend caption before, re [586-1] motion to waive filing fee By no later than January 8, 1999 counsel may respond to motions. On January 11, the court will deem the motions ready for ruling(cc: all counsel) (don) (Entered: 12/24/1998)

Dec. 24, 1998
587

MOTION by plaintiff to amend caption before Chief Judge Charles R. Wolle (don) (Entered: 12/21/1998)

Dec. 21, 1998
586

MOTION by plaintiff to waive filing fee before Chief Judge Charles R. Wolle (don) (Entered: 12/21/1998)

Dec. 21, 1998
585

MAIL Returned [584-1] addressed to movant Charles N Chadwick (don) (Entered: 12/14/1998)

Dec. 14, 1998

NOTIFICATION by Circuit Court of Appellate Docket Number [580-1] 98-3987 (don) (Entered: 12/10/1998)

Dec. 10, 1998
584

ORDER by Chief Judge Charles R. Wolle re [580-1] appeal The court now directs plaintiff's counsel to report to the court the names of each plaintiff appealing. If counsel does not respond with the names of appellants in each case and the appropriate financial information needed to assess each appellants each appellant's initial partial filing fee Counsel shallreport to the court by not later than 12/16/98(cc: all counsel) (don) (Entered: 12/08/1998)

Dec. 8, 1998
583

ORDER notice to inmate about paying filing fee by Chief Judge Charles R. Wolle re [580-1] appeal inmate has 10 days from the date of the order to file an IFP form. Failure to file the prison account information will result in the assessment of an initial partial appellate filing fee of $35 (cc: all counsel) (don) (Entered: 11/16/1998)

Nov. 13, 1998
582

COPY of Appellate Court Order: This order was originally filed on 02/06/98, order is pertaining to a Judgment to remand the case back to district court. (don) (Entered: 10/16/1998)

Oct. 16, 1998
581

NOTICE TO INMATE ABOUT PAYING FILING FEE ON APPEAL to Jeff Lipman due back by 11/08/98. (don) (Entered: 10/08/1998)

Oct. 8, 1998
580

NOTICE OF APPEAL by plaintiff, movant from Dist. Court decision [579-2] Original file date was 08/17/98 this NOA was invertly misplaced cc:counsel,USCA (don) (Entered: 10/08/1998)

Oct. 8, 1998

REMARK - Order filed 8/7/98 (Filing #579) mailed to Chris Hagen, Vincent Garvey, William Hill, Layne Lindebak, and Jeff Lipman (dr) (Entered: 08/10/1998)

Aug. 10, 1998
579

ORDER by Chief Judge Charles R. Wolle denying motion for rule to show cause (contempt) [572-1] dismissing case ; All prospective is terminated (cc: all counsel) (dr) (Entered: 08/10/1998)

Aug. 7, 1998

REMARK - Copy of Order dated 6/4/98 (filing #578) mailed this date to Jeff Lipman, William Hill, Layne Lindebak, Chris Hagen, Barbara Schwartz; copy also given to Financial Deputy (dr) (Entered: 06/04/1998)

June 4, 1998
577

MOTION by movant Shawn P Shelton for disbursement of expenses before Magistrate Judge Celeste F. Bremer (jj) (Entered: 06/02/1998)

June 1, 1998
576

CERTIFIED COPY of judgment/mandate from USCA reversing and remanding the decision of the District Court [Appeal [532-1] (cc: all counsel) (pmb) (Entered: 03/30/1998)

March 30, 1998
575

CLERK'S COURT MINUTES: courtroom clerk: Pat Bridges, Deputy Clerk; court reporter: Terri L. Martin; re pretrial matters; order to follow (dr) (Entered: 02/26/1998)

Feb. 26, 1998
574

PROPOSED Order Terminating Relief submitted by defendants (dr) (Entered: 02/23/1998)

Feb. 20, 1998

REMARK - copy of order dated 2/18/98 mailed this date to Jeff Lipman, William Hill, Layne Lindebak, Christopher Hagen, Barbara Schwartz (Univ. of Iowa) and Albert Burgess (ISP) (dr) Modified on 02/19/1998 (Entered: 02/19/1998)

Feb. 18, 1998
573

ORDER by Chief Judge Charles R. Wolle setting hearing on motion for termination of relief before Chief Judge Charles R. Wolle [558-1] on 2/25/98; application for rule to show cause forwarded to class counsel (J. Lipman) to raise at hearing if appropriate (cc: all counsel) (dr) (Entered: 02/19/1998)

Feb. 18, 1998
572

MOTION by movant Albert Burgess for rule to show cause (contempt) before Chief Judge Charles R. Wolle (dr) (Entered: 02/12/1998)

Feb. 12, 1998
571

ORDER by Chief Judge Charles R. Wolle ; court will hold hearing with counsel on all pretrial matters the parties wish to bring to court's attention (In-court hearing) on 2/25/98 at 1:00 p.m. ; counsel for parties shall file proposed bench decision by not later than 2/20/98 (cc: all counsel) (dr) (Entered: 02/05/1998)

Feb. 5, 1998
570

CLERK'S COURT MINUTES: courtroom clerk: Rowena Young, Law Clerk; court reporter: None; ; In-court hearing scheduled 2/25/98 @ 1:00 p.m. ; In-court hearing held 1/26/98 re pre-trial matters (dr) (Entered: 01/26/1998)

Jan. 26, 1998
569

PRETRIAL STATUS REPORT by plaintiffs (dr) (Entered: 01/26/1998)

Jan. 26, 1998
568

PROPOSED Final Pre-Trial Order submitted by defendants (dr) (Entered: 01/23/1998)

Jan. 23, 1998
567

RESISTANCE by defendants to motion for evidentiary hearing before Chief Judge Charles R. Wolle [566-1] (dr) (Entered: 01/22/1998)

Jan. 22, 1998
565

MOTION by plaintiff David Dee, plaintiff Robert Lee Kern to extend time to file supporting affidavits before Chief Judge Charles R. Wolle (dr) (Entered: 01/22/1998)

Jan. 22, 1998
564

MEMORANDUM by plaintiff David Dee, plaintiff Robert Lee Kern in support [563-1] of pltfs' resistance to dfts' motion to terminate decree (dr) (Entered: 01/22/1998)

Jan. 22, 1998
563

RESISTANCE by plaintiff David Dee, plaintiff Robert Lee Kern to motion for termination of relief before Chief Judge Charles R. Wolle [558-1] (dr) (Entered: 01/22/1998)

Jan. 22, 1998
562

ORDER by Chief Judge Charles R. Wolle ; In-court hearing 1/26/98 @ 1:00 p.m. at U.S. Courthouse in Des Moines, Iowa; any attorney wishing to participate by telephone may do so by providing court the telephone number where attorney may be reached; court plans to hold final hearing on motion for termination as soon as practicable after 1/26/98 hearing; by not later than noon on 1/22/98 parties shall file with court a pre-hearing proposed order (cc: all counsel) (dr) (Entered: 01/12/1998)

Jan. 12, 1998

REMARK - Copy of Court Order of 1/8/98 (Filing #561) mailed this date to Christopher Hagen (U.S. Attorney); Layne Lindebak and William Hill (Attorney General of Iowa); Jeffrey Lipman (Lipman Law Firm); Philip Mears (Mears Law Office); Barbara Schwartz (University of Iowa Law Office) (dr) (Entered: 01/08/1998)

Jan. 8, 1998
561

ORDER by Chief Judge Charles R. Wolle setting hearing on motion for termination of relief [558-1] at 1:30 p.m. on 1/16/98 in U.S. Courthouse in Des Moines; pltfs shall have until 1/14/98 to file written responses (cc: all counsel) (dr) (Entered: 01/08/1998)

Jan. 8, 1998

REMARK - Order of 1/7/98 (clerk's #560) mailed this date to William Hill and Layne Lindebak (Attorney General of Iowa); Christopher Hagen (U.S. Attorney); and Jeffrey Lipman (dr) (Entered: 01/07/1998)

Jan. 7, 1998
560

ORDER by Chief Judge Charles R. Wolle ; Trial rescheduled for 2/25/98 @ 10 a.m.; court will be in Des Moines while counsel for parties will decide whether each witness, party, and counsel will be in videoconference courtrooms in Des Moines Courthouse Annex or at videoconference facility in Fort Madison; , ; Dispositive Motion ddl set for 1/12/98 ; court may rule on those motions without argument or may set them for hearing before or at time of commencement of trial (cc: all counsel) (dr) (Entered: 01/07/1998)

Jan. 7, 1998
559

MEMORANDUM by defendants in support [558-1] of motion for termination of relief before Chief Judge Charles R. Wolle (dr) (Entered: 01/06/1998)

Jan. 6, 1998
558

MOTION by defendant for termination of relief before Chief Judge Charles R. Wolle (dr) (Entered: 01/06/1998)

Jan. 6, 1998
557

CLERK'S COURT MINUTES: courtroom clerk: Rowena Young, Law Clerk; court reporter: (None); ; Final pretrial conf satisfied ; telephone conference held 12/23/97 to schedule trial (dr) (Entered: 12/23/1997)

Dec. 23, 1997
556

ORDER by Chief Judge Charles R. Wolle ; final pretrial conf rescheduled for 12/23/97 @ 1:30 p.m. by telephone conference call; parties shall be prepared to discuss status of proceedings in this case in the U.S. Court of Appeals for Eighth Circuit and when they will be available for trial either in person in Fort Madison or by ICN using conference room at ISP and courtroom in U.S. Courthouse Annex in Des Moines (cc: all counsel) (dr) (Entered: 12/18/1997)

Dec. 18, 1997
555

ORDER by Magistrate Judge Celeste F. Bremer granting motion for expenses (disbursement) [553-1]; clerk shall issue payment in the amount of $370.80 from Attorney Admission Fee Fund to M. Jane Weigart (cc: all counsel and financial officer) (dr) (Entered: 12/10/1997)

Dec. 10, 1997
554

ORDER by Chief Judge Charles R. Wolle ; final pretrial conf rescheduled 12/17/97 @ 4:30 pm and will be held by telephone conference call, ; Final pretrial cnf (MAG) satisfied set in error (cc: all counsel) (dr) (Entered: 12/09/1997)

Dec. 9, 1997
553

MOTION by movant Shawn P Shelton for expenses (disbursement) before Magistrate Judge Celeste F. Bremer (dr) Modified on 12/09/1997 (Entered: 12/09/1997)

Dec. 9, 1997
552

Pre-Trial REPORT to the Court by movant Shawn P Shelton (RE: Trial Preparation) (ld) (Entered: 11/05/1997)

Nov. 4, 1997
551

ORDER by Chief Judge Charles R. Wolle ; Final pretrial cnf set for 12/17/97 at 8:00 by telephone the court will place the call; Evidentiary hearing by ICN set for 12/29/97 at 8:00 a.m. (cc: all counsel) (dv) Modified on 12/09/1997 (Entered: 10/03/1997)

Oct. 1, 1997
550

CLERK'S COURT MINUTES: courtroom clerk: Rowena Young; court reporter: n/a; ; Telephone Hrg satisfied (don) (Entered: 10/03/1997)

Oct. 1, 1997
549

ORDER by Chief Judge Charles R. Wolle ; Scheduling Conference by Telephone Hearing set for 10/1/97 at 8:30 a.m. (cc: all counsel) (jj) (Entered: 09/26/1997)

Sept. 24, 1997
548

ANSWER by defendants' to complaint [2-1] (ld) (Entered: 09/12/1997)

Sept. 10, 1997
547

ORDER by Chief Judge Charles R. Wolle granting motion to extend to respond to application [546-1] -- Defs' granted to 9/8/97 to file and serve their responses to the application. (cc: all counsel) (ld) (Entered: 09/08/1997)

Sept. 8, 1997
546

MOTION by defendants' to extend to respond to application before Chief Judge Charles R. Wolle (ld) (Entered: 09/03/1997)

Sept. 3, 1997
545

ORDER by Chief Judge Charles R. Wolle re [544-1] motion to show cause why respondents should not be held in contempt Respondents' are directed to respond to the application by not later than 30 days of the date of this order. The clerk of court is directed to reopen this case as of the date of this order. Case reopened (cc: all counsel) (ld) (Entered: 08/03/1997)

Aug. 1, 1997
544

MOTION by movant Shawn P Shelton to show cause why respondents should not be held in contempt before Chief Judge Charles R. Wolle (ld) (Entered: 07/31/1997)

July 31, 1997
543

REPORT to the Court RE: Motion for Contempt by movant Shawn P Shelton (ld) (Entered: 07/31/1997)

July 31, 1997
542

ORDER by Chief Judge Charles R. Wolle -- granting motion to continue hearing of 8/1/97 [in related case; not filed in this case] -- Parties to file status report by 9/2/97 setting forth whether evidentiary hearing is required. (cc: all counsel) (ld) (Entered: 07/29/1997)

July 28, 1997

REMARK: copies of 7/2/97 documents were indavertantly filed in case #75-80201. Same removed this date and mailed to Shelton & Class counsel as per order of 7/14/97. (ld) Modified on 07/29/1997 (Entered: 07/28/1997)

July 28, 1997

REMARK: copies of 7/2/97 motion for contempt by Shawn Shelton not mailed to counsel as same is not on file. Note to staff atty's this date. (ld) Modified on 07/29/1997 (Entered: 07/25/1997)

July 25, 1997
541

ORDER by Chief Judge Charles R. Wolle -- Movant Shawn Shelton filed motion for comtempt of court and preliminary relief. The motion is denied. If class counsel determines his claims should be pursued they may be renewed by means of a supplementary filing, adopting the present motion by reference if desired. To minimize involvement of the court, counsel fo rthe plntf' class and AG should attempt to informally resolve any issues regarding implementation of the decree. The clerk shall send copies of Shelton's filing to class counsel. (cc: all counsel) (ld) Modified on 07/29/1997 (Entered: 07/25/1997)

July 14, 1997
540

NOTICE of Motion for Contempt of Court and Preliminary Relief by movant Shawn P Shelton (ld) (Entered: 07/29/1997)

July 2, 1997
539

MOTION (Application) by plaintiffs' for enforcement of decree before Chief Judge Charles R. Wolle or in the alternative, to amend before Chief Judge Charles R. Wolle (ld) (Entered: 06/12/1997)

June 10, 1997

NOTIFICATION by Circuit Court of Appellate Docket Number [532-1] 97-1424SIDM Hazen & 97-1426SIDM Dee. These appeal numbers are consolidated with 96-4285 for purposes of briefing and submission. Briefing schedule included. (ld) (Entered: 03/03/1997)

March 3, 1997
538

ORDER by Chief Judge Charles R. Wolle denying motion {for docket control purpose} for order to show cause [536-1] fld. by Risdal, as the contentions will be referred to class cnsl. {see for specifics} (cc: all counsel) (rh) (Entered: 02/07/1997)

Feb. 7, 1997
535

ORDER by Chief Judge Charles R. Wolle denying motion for order to show cause by Risdal as it is in violation of the limiting order. [534-1] (cc: all counsel) (rh) (Entered: 01/16/1997)

Jan. 15, 1997

RECEIVED [532-1] re appeal fee in amount of $ 105.00 ( Receipt # 48764) (same fee as in 4:75-cv-80201 per 8th circuit) (pmb) (Entered: 01/07/1997)

Jan. 7, 1997
534

MOTION by movant Eddie C Risdal for order to show cause before Chief Judge Charles R. Wolle (rh) (Entered: 12/17/1996)

Dec. 17, 1996
533

ORDER by Chief Judge Charles R. Wolle granting motion to extend time to submit M/atty. fee for PLRA litigation [531-1] (cc: all counsel) (rh) (Entered: 12/16/1996)

Dec. 16, 1996
531

MOTION by intervenor-plaintiffs to extend time to submit M/atty. fee before Chief Judge Charles R. Wolle (rh) (Entered: 12/12/1996)

Dec. 12, 1996
532

NOTICE OF APPEAL by defendant Louis Galloway, defendant Donald Lynch from Dist. Court decision [530-1] cc: all counsel (sm) (Entered: 12/12/1996)

Dec. 10, 1996
530

ORDER by Chief Judge Charles R. Wolle denying motion for termination of relief by dfts. {see order for specifics} [505-1] 252-OJ-61 (cc: all counsel) (rh) (Entered: 11/29/1996)

Nov. 29, 1996
529

NOTICE OF RECENT DECISION SUBMITTED by intervenor- defendant USA (rh) (Entered: 11/19/1996)

Nov. 18, 1996
528

ORDER by Chief Judge Charles R. Wolle - the FPT Order is approved, and the issue of constitutionality of sec. 802(b)(2) is submitted for ruling. After ruling, a phone hrng. will be held re: addt'l. issues (cc: all counsel) (rh) (Entered: 11/13/1996)

Nov. 13, 1996
527

CLERK'S COURT MINUTES: courtroom clerk: M. Alexander; court reporter: none; Final Pretrial held {cc: JS10} (rh) (Entered: 11/12/1996)

Nov. 12, 1996
526

ORDER by Chief Judge Charles R. Wolle ; final pretrial conf 11/12/96 @ 1:00 by phone parties to address thier preferences as to where trial shall be held. (cc: all counsel) (rh) (Entered: 11/01/1996)

Nov. 1, 1996
525

ORDER by Chief Judge Charles R. Wolle granting motion to continue trial [524-1] ; In-court hearing cancelled ; Trial & Final Hrng. @ 9:00 (cc: all counsel) (rh) (Entered: 09/25/1996)

Sept. 25, 1996
524

MOTION by plaintiff to continue trial before Chief Judge Charles R. Wolle (rh) (Entered: 09/23/1996)

Sept. 23, 1996
523

MOTION by intervenor-defendant USA to exceed page limitation before Chief Judge Charles R. Wolle (rh) (Entered: 09/09/1996)

Sept. 9, 1996
521

MOTION to intervene by USA before Chief Judge Charles R. Wolle (rh) (Entered: 09/09/1996)

Sept. 9, 1996
520

RESPONSE by defendant [518-1] re: motion to continue relief, [518-2] re: motion to stay before Chief Judge Charles R. Wolle (rh) (Entered: 09/04/1996)

Sept. 4, 1996
517

ORDER by Chief Judge Charles R. Wolle ; In-court hearing 10/15/96 @ 9:00 am (cc: all counsel) (rh) (Entered: 08/29/1996)

Aug. 29, 1996
519

MEMORANDUM by plaintiff in support [518-1] of motion to continue relief, [518-2] of motion to stay before Chief Judge Charles R. Wolle (rh) (Entered: 09/03/1996)

Aug. 27, 1996
518

MOTION by plaintiff to continue relief , and to stay before Chief Judge Charles R. Wolle {cc rec'd. in clk's office 8/30/96} (rh) (Entered: 09/03/1996)

Aug. 27, 1996
516

CLERK'S COURT MINUTES: courtroom clerk: S. Dooley; court reporter: T. Martin; motion for termination of relief before Chief Judge Charles R. Wolle [505-1] ; hearing held 8:00 8/27/96 (rh) (Entered: 08/27/1996)

Aug. 27, 1996
515

CLERK'S COURT MINUTES: courtroom clerk: M. Alexander; court reporter: T. Martin; ; Telephone Hrg held (cc: JS10) (rh) (Entered: 08/22/1996)

Aug. 22, 1996
514

ORDER by Chief Judge Charles R. Wolle setting hearing on motion for termination of relief before Chief Judge Charles R. Wolle [505-1] 8:00 8/27/96 ; Telephone Hearing 8/22/96 @ 11:00 (cc: all counsel FAXED on 8/20/96) (rh) (Entered: 08/21/1996)

Aug. 20, 1996
513

ORDER by Chief Judge Charles R. Wolle - CERTIFICATION TO U.S. ATTY. GEN. - re: Prison Litigation Reform Act (cc: all counsel, Reno, Nickerson) (rh) (Entered: 08/13/1996)

Aug. 12, 1996
512

SUPPLEMENT by defendant [506-1] to memorandum (rh) (Entered: 08/09/1996)

Aug. 9, 1996
511

CERTIFIED COPY of judgment from USCA dismissing the appeal for failure to prosecute[487-1] (cc: all counsel) (sm) (Entered: 07/29/1996)

July 29, 1996
510

CERTIFIED COPY of judgment from USCA dismissing the appeal for failure to prosecute[486-1] (cc: all counsel) (sm) (Entered: 07/29/1996)

July 29, 1996
509

ORDER by Chief Judge Charles R. Wolle setting hearing on motion for termination of relief [505-1] 8:00 8/27/96 (cc: all counsel) (rh) (Entered: 07/02/1996)

July 2, 1996
508

MEMORANDUM by movant in opposition to motion for termination of relief before Chief Judge Charles R. Wolle [505-1] (rh) (Entered: 06/14/1996)

June 14, 1996
507

ORDER by Chief Judge Charles R. Wolle re [505-1] motion for termination of relief fld. by dfts.; pla. class cnsl to respond by 6/14/96 (cc: all counsel) (rh) (Entered: 06/03/1996)

June 3, 1996

State / Territory: Iowa

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 6, 1977

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate at Iowa State Penitentiary who was nominated to serve on elected inmate advisory council and whom prison officials subsequently transferred to Florida prison alleging that transfer was intended to frustrate his nomination to council

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Iowa State Penitentiary (Fort Madison), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1980 - 1998

Issues

General:

Access to lawyers or judicial system

Mail

Search policies

Type of Facility:

Government-run