Case: Gavin v. Ray

4:78-cv-70062 | U.S. District Court for the Southern District of Iowa

Filed Date: March 14, 1978

Clearinghouse coding complete

Case Summary

On March 14, 1978, an inmate at Iowa State Penitentiary (ISP) filed a class action lawsuit under 42 U.S.C. § 1983 against prison officials at ISP in the U.S. District Court for the Southern District of Iowa, Central Division. The plaintiff, represented by the University of Iowa Legal Clinic, asked the court for declaratory and injunctive relief, alleging various practices and policies of disciplinary segregation in violation of the Eighth Amendment. Apparently, in 1981, there was large riot a…

On March 14, 1978, an inmate at Iowa State Penitentiary (ISP) filed a class action lawsuit under 42 U.S.C. § 1983 against prison officials at ISP in the U.S. District Court for the Southern District of Iowa, Central Division. The plaintiff, represented by the University of Iowa Legal Clinic, asked the court for declaratory and injunctive relief, alleging various practices and policies of disciplinary segregation in violation of the Eighth Amendment.

Apparently, in 1981, there was large riot at ISP during which the administration building was burned down, hostages were taken, an inmate was killed and millions of dollars of damage were done; the riot was followed by a prolonged lockdown situation.

On May 3, 1984, after extensive pre-trial processes, the parties entered a settlement agreement respecting disciplinary segregation as well as related issues, including exercise, restraints, use of tear gas, strip cells, and access to the courts. The court approved the agreement on June 13, 1984. The Gavin decree was subsequently modified and supplemented on numerous occasions.

On March 30, 1993, the District Court (Judge Harold D. Vietor) consolidated the case with several others. The United States subsequently intervened as plaintiff.

On August 9, 1996, the District Court (Judge Vietor) denied the defendants' motion to stay the Gavin decree pursuant to the automatic stay requirements of the Prison Litigation Reform Act (PLRA), holding that a lack of an active and ongoing Gavin decree represented irreparable and irremediable harm to the plaintiff class.

On September 18, 1996, the District Court (Judge Vietor) denied the defendants' motion to terminate the consent decree pursuant to PLRA. Gavin v. Ray, No. 4-78-CV-70062, 1996 WL 622556 (S.D. Iowa, Sept. 18, 1996). The Court held that the termination provisions of the PLRA violated the separation of powers principles and should not be enforced.

On September 19, 1997, the Court of Appeals for the Eighth Circuit (Judge Pasco M. Bowman, II) reversed the District Court's September 18, 1996, decision and remanded. Gavin v. Branstad, 122 F.3d 1081 (8th Cir. 1997). The Court held that the immediate termination provisions did not violate separation of powers, equal protection, or due process. A rehearing was denied on October 7, 1997. The Supreme Court denied certiorari on June 26, 1998. Gavin v. Branstad, 524 U.S. 955 (1998). And the Supreme Court denied a rehearing on October 5, 1998. Gavin v. Branstad, 525 U.S. 923 (1998).

On January 21, 1999, the District Court (Judge Vietor) granted the defendants' motion to terminate the consent decree. The plaintiffs appealed.

On December 22, 1999, the Eighth Circuit Court of Appeals (per curiam) affirmed the District Court's January 21, 1999, termination of the consent decree.

We have no further information on this case.

Summary Authors

Josh Altman (6/27/2006)

Related Cases

Dee v. Brewer & Hazen v. Reagan, Southern District of Iowa (1977)

People


Judge(s)

Bowman, Pasco Middleton II (Missouri)

Vietor, Harold Duane (Iowa)

Attorneys(s) for Defendant

Allen, Gordon E. (Iowa)

Lindebak, Layne M. (Iowa)

Schwartz, Barbara A. (Iowa)

Other Attorney(s)

Active

Active

Active

Expert/Monitor/Master

Schmann, Jon (District of Columbia)

Whiston, John B. (Iowa)

Judge(s)

Bowman, Pasco Middleton II (Missouri)

Vietor, Harold Duane (Iowa)

Attorneys(s) for Defendant

Allen, Gordon E. (Iowa)

Lindebak, Layne M. (Iowa)

Schwartz, Barbara A. (Iowa)

Other Attorney(s)

Hagen, Christopher D. (Iowa)

Herwig, Barbara L. (District of Columbia)

Hoyle, John C. (District of Columbia)

Expert/Monitor/Master

Schmann, Jon (District of Columbia)

Whiston, John B. (Iowa)

Documents in the Clearinghouse

Document

4:78-cv-70062

Docket

March 14, 1978

March 14, 1978

Docket
465

4:78-cv-70062

Ruling and Order Staying Automatic Stay Provision

Aug. 9, 1996

Aug. 9, 1996

Order/Opinion
473

4:78-cv-70062

Order denying Motion for Termination

1996 WL 622556, 1996 U.S.Dist.LEXIS 20497

Sept. 18, 1996

Sept. 18, 1996

Order/Opinion

96-03746

96-03748

Reported Opinion

Gavin v. Branstad

U. S. Court of Appeals for the Eighth Circuit

122 F.3d 1081

Aug. 5, 1997

Aug. 5, 1997

Order/Opinion

97-07420

Memorandum Decision

Gavin v. Branstad

Supreme Court of the United States

524 U.S. 955, 118 S.Ct. 2374, 141 L.Ed.2d 741

June 26, 1998

June 26, 1998

Order/Opinion

97-07420

Memorandum Decision

Gavin v. Branstad

Supreme Court of the United States

525 U.S. 923, 119 S.Ct. 285, 142 L.Ed.2d 236

Oct. 5, 1998

Oct. 5, 1998

Order/Opinion

Resources

Docket

Last updated June 6, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
567

MANDATE from Circuit Court of Appeals affirming the decision of the District Court [564-1] (cc: Counsel) (don) (Entered: 02/16/2000)

Feb. 16, 2000

Feb. 16, 2000

566

COPY of Appellate Court Order:Affirming District Court's decision (don) (Entered: 12/29/1999)

Dec. 29, 1999

Dec. 29, 1999

COPY OF LETTER FROM USCA ( caption) [564-1] re appeal (don) (Entered: 04/30/1999)

April 30, 1999

April 30, 1999

565

BRIEFING SCHEDULE received from Circuit Court [564-1] (don) (Entered: 04/07/1999)

April 7, 1999

April 7, 1999

NOTIFICATION by Circuit Court of Appellate Docket Number [564-1] 99-1868 (don) (Entered: 04/07/1999)

April 7, 1999

April 7, 1999

RECEIVED [564-1] re appeal fee in amount of $ 105.00 ( Receipt # 54396) (don) (Entered: 03/25/1999)

March 25, 1999

March 25, 1999

564

NOTICE OF APPEAL by plaintiff Michael Patrick Gavin from Dist. Court decision [561-1], [556-1] cc:counsel,USCA (don) (Entered: 03/25/1999)

March 25, 1999

March 25, 1999

563

ORDER by Magistrate Judge Celeste F. Bremer granting motion for payment of transcript costs in the amount of $1863.70 from the Library Fund to Cheryl Newman before Magistrate Judge Celeste F. Bremer [562-1] (cc: all counsel) (don) (Entered: 03/25/1999)

March 25, 1999

March 25, 1999

562

MOTION by plaintiff class for payment of transcript costs before Magistrate Judge Celeste F. Bremer ($1,863.70) (ld) (Entered: 03/19/1999)

March 16, 1999

March 16, 1999

561

ORDER by Honorable Harold D. Vietor denying motion to alter or amend before Honorable Harold D. Vietor [558-1] (cc: all counsel) (don) (Entered: 02/24/1999)

Feb. 24, 1999

Feb. 24, 1999

560

RESISTANCE by defendant to motion to alter or amend before Honorable Harold D. Vietor [558-1] (don) (Entered: 02/08/1999)

Feb. 8, 1999

Feb. 8, 1999

559

BRIEFIN SUPPORT FILED by plaintiff Michael Patrick Gavin [558-1] regarding motion to alter or amend before Honorable Harold D. Vietor (don) (Entered: 02/01/1999)

Feb. 1, 1999

Feb. 1, 1999

558

MOTION by plaintiff Michael Patrick Gavin to alter or amend before Honorable Harold D. Vietor (don) (Entered: 02/01/1999)

Feb. 1, 1999

Feb. 1, 1999

557

MAIL Returned [556-1] addressed to movant Anthony A Browne (don) (Entered: 02/01/1999)

Feb. 1, 1999

Feb. 1, 1999

556

ORDER pursuant to 18 USC 3626 (b)(3) deft's motion to terminate the consent decree is granted, and the Gavin consent decree is now terminated as to all prospective relief. by Honorable Harold D. Vietor (cc: all counsel) Motion is not on the system. (don) Modified on 01/22/1999 (Entered: 01/21/1999)

Jan. 21, 1999

Jan. 21, 1999

555

DEFENDANTS POST-HEARING BRIEF FILED by defendant Robert Ray (don) (Entered: 11/19/1998)

Nov. 19, 1998

Nov. 19, 1998

554

ORDER by Honorable Harold D. Vietor granting motion to file brief out of time before Honorable Harold D. Vietor [553-1] (cc: all counsel) (don) (Entered: 11/19/1998)

Nov. 19, 1998

Nov. 19, 1998

553

MOTION by defendant' to file brief out of time before Honorable Harold D. Vietor (Brief attached) (ld) (Entered: 11/18/1998)

Nov. 17, 1998

Nov. 17, 1998

552

MAIL Returned Vaughn Camp [551-1] (don) (Entered: 11/16/1998)

Nov. 16, 1998

Nov. 16, 1998

551

ORDER by Magistrate Judge Celeste F. Bremer granting motion to extend to and including 11/10/98 to file and serve their post-trial brief [550-1] (cc: all counsel) (ld) (Entered: 11/06/1998)

Nov. 5, 1998

Nov. 5, 1998

550

MOTION FOR EXTENSION OF TIME by defendant Robert Ray to extend to and including 11/10/98 to file and serve their post-trial brief before Magistrate Judge Celeste F. Bremer (dv) (Entered: 11/04/1998)

Nov. 3, 1998

Nov. 3, 1998

549

Post-Hearing BRIEF FILED by plaintiff class. (ld) (Entered: 10/27/1998)

Oct. 26, 1998

Oct. 26, 1998

548

MOTION by plaintiff class to exceed page limitation and ORDER granting motion [548-1]/s/JRR, Clerk (cc: all counsel) (ld) (Entered: 10/27/1998)

Oct. 26, 1998

Oct. 26, 1998

547

TRANSCRIPT filed by ct reporter Cheryl Newman Liles for Hearing on September 16 & 17, 1998 at ISP. this is in 3 envelopes (don) Modified on 09/30/1998 (Entered: 09/30/1998)

Sept. 30, 1998

Sept. 30, 1998

546

ORDER by Honorable Harold D. Vietor extending time for pltfs' to file their post-trial brief to and including 10/20/98. The deadline for defts' to file their post-trial brief is extended to and including 10/27/98 (cc: all counsel) (don) (Entered: 09/28/1998)

Sept. 28, 1998

Sept. 28, 1998

EXHIBITS [544-1], [543-1] located in a red & white box (deft's) and a brown expandable folder (deft's & pltf's) (don) (Entered: 09/18/1998)

Sept. 17, 1998

Sept. 17, 1998

545

WITNESSES & EXHIBITS LIST by plaintiff Michael Patrick Gavin, defendant Robert Ray (don) (Entered: 09/18/1998)

Sept. 17, 1998

Sept. 17, 1998

544

CLERK'S COURT MINUTES: Motion to terminate the consent decree courtroom clerk: Shirley Dooley; court reporter: Cheryl Liles; (don) (Entered: 09/18/1998)

Sept. 17, 1998

Sept. 17, 1998

543

CLERK'S COURT MINUTES: courtroom clerk: Shirley Dooley; court reporter: Cheryl Liles; re [538-1] motion to consolidate cases before Honorable Harold D. Vietor (don) (Entered: 09/18/1998)

Sept. 16, 1998

Sept. 16, 1998

542

RESPONSE by plaintiff Michael Patrick Gavin [538-1] re: motion to consolidate cases before Honorable Harold D. Vietor (don) (Entered: 09/11/1998)

Sept. 11, 1998

Sept. 11, 1998

541

ORDER RESCHEDULING TIME OF HEARING by Honorable Harold D. Vietor re [537-2] order ; final hearing on defts' motion to terminate the consent decree Status hearing 09/16/98 8:00am (cc: all counsel) (don) (Entered: 09/09/1998)

Sept. 9, 1998

Sept. 9, 1998

540

ORDER by Honorable Harold D. Vietor granting motion to extend time to respond to the Motion requesting until 09/11/98 [539-1] (cc: all counsel) (don) (Entered: 08/31/1998)

Aug. 31, 1998

Aug. 31, 1998

539

MOTION by plaintiff Michael Patrick Gavin to extend time to respond to the Motion requesting until 09/11/98 before Honorable Harold D. Vietor 2 of 2 (don) Modified on 08/28/1998 (Entered: 08/28/1998)

Aug. 28, 1998

Aug. 28, 1998

539

RESPONSE by plaintiff Michael Patrick Gavin [538-1] re: motion to consolidate cases before Honorable Harold D. Vietor 1 of 2 (don) (Entered: 08/28/1998)

Aug. 28, 1998

Aug. 28, 1998

538

MOTION TO CONSOLIDATE by defendant Robert Ray to consolidate cases before Honorable Harold D. Vietor (pmb) (Entered: 08/17/1998)

Aug. 17, 1998

Aug. 17, 1998

537

ORDER SCHEDULING HEARING by Honorable Harold D. Vietor ; Status hearing set for 9/16/98 at 9:00; hearing is on motion to terminate the consent decree (motion was not on pending motions) (cc: all counsel) (dv) (Entered: 08/13/1998)

Aug. 11, 1998

Aug. 11, 1998

536

ORDER by Honorable Harold D. Vietor granting motion to dissolve the order enjoining the automatice stay [527-1] terminating order of 8/9/96 [465-1] See Order for more particulars. (cc: all counsel) (jj) (Entered: 08/10/1998)

Aug. 7, 1998

Aug. 7, 1998

535

ORDER by Honorable Harold D. Vietor denying motion for stern directions and motion for intervenor [534-1] (cc: all counsel) (DCAP) (Entered: 08/06/1998)

Aug. 6, 1998

Aug. 6, 1998

534

MOTION for stern directions and motion for Intervenor by movant Paul Michael Blaise for before Honorable Harold D. Vietor (don) (Entered: 07/30/1998)

July 30, 1998

July 30, 1998

533

ORDER of denial of movant's motion to show cause by Honorable Harold D. Vietor denying the supplement [530-1] (cc: all counsel) (don) (Entered: 07/22/1998)

July 22, 1998

July 22, 1998

532

MEMORANDUM by plaintiff Michael Patrick Gavin in opposition to motion to dissolve the order enjoining the automatice stay before Honorable Harold D. Vietor [527-1] (don) (Entered: 07/21/1998)

July 21, 1998

July 21, 1998

531

MOTION by plaintiff Michael Patrick Gavin to exceed page limitation brief and ORDER by Honorable Harold D. Vietor granting order motion for pver length brief [531-1] (cc: all counsel) (don) (Entered: 07/21/1998)

July 21, 1998

July 21, 1998

530

SUPPLEMENT by movant Paul Michael Blaise [511-1] to motion for contempt before Magistrate Judge Ross A. Walters (don) (Entered: 07/16/1998)

July 16, 1998

July 16, 1998

529

MOTION by plaintiff Michael Patrick Gavin to extend to file brief in resistance to Deft's motion to dissolve new date of 07/27/98 and ORDER granting order motion [529-1] (cc: all counsel) (don) Modified on 07/10/1998 (Entered: 07/10/1998)

July 10, 1998

July 10, 1998

528

MEMORANDUM by defendant Robert Ray in support [527-1] of motion to dissolve the order enjoining the automatice stay before Honorable Harold D. Vietor (don) (Entered: 06/29/1998)

June 29, 1998

June 29, 1998

527

MOTION by defendant Robert Ray to dissolve the order enjoining the automatice stay before Honorable Harold D. Vietor (don) (Entered: 06/29/1998)

June 29, 1998

June 29, 1998

526

ORDER by Magistrate Judge Celeste F. Bremer motion to compel [521- 1] ; hearing held 9:00 6/19/98 granting in part and denying in part motion to compel Motion granted as to all discovery shall be completed by JULY 20, 1998. Plaintiff shall narrow requests for Production 7, 19 and 30; any ongoing dispute relating to these requests shall be brought to the attention of the court by JULY 1, 1998; By JULY 1, 1998, Defendant shall produce the information sought in Request for Production 12; Motion is DENIED as to Requests for Production 6, 8, 10, 11 and 28 (cc: all counsel) (DCAP) (Entered: 06/22/1998)

June 22, 1998

June 22, 1998

525

ORDER by Magistrate Judge Celeste F. Bremer setting hearing on motion to compel discovery [521-1] 9:00 6/19/98 (cc: all counsel) (ld) (Entered: 06/08/1998)

June 8, 1998

June 8, 1998

524

RESISTANCE by defendants to motion to compel before Magistrate Judge Celeste F. Bremer [521-1] (DCAP) (Entered: 05/26/1998)

May 26, 1998

May 26, 1998

523

MEMORANDUM by plaintiff Michael Patrick Gavin in support [521-1] of motion to compel before Magistrate Judge Celeste F. Bremer (don) (Entered: 05/11/1998)

May 11, 1998

May 11, 1998

522

AFFIDAVIT Plaintiffs' Local Rule 37.1(a) of [521-1] regarding motion to compel before Magistrate Judge Celeste F. Bremer (don) (Entered: 05/11/1998)

May 11, 1998

May 11, 1998

521

MOTION by plaintiff Michael Patrick Gavin to compel before Magistrate Judge Celeste F. Bremer (don) (Entered: 05/11/1998)

May 11, 1998

May 11, 1998

520

ORDER by Honorable Harold D. Vietor denying motion for "set out instruction for the admission or entering of exhibits records for hearing on the contempt claims" before Honorable Harold D. Vietor [517-1] If class counsel determines his claims should be pursed thay may be renewed by means of a supplementary filing. (cc: all counsel) (don) (Entered: 03/26/1998)

March 26, 1998

March 26, 1998

519

ORDER by Honorable Harold D. Vietor denying motion for pltf to conduct contidential survey before Judge Harold D Vietor [513-1] (cc: all counsel) (DCAP) (Entered: 03/13/1998)

March 13, 1998

March 13, 1998

518

RESISTANCE by defendant Robert Ray to motion for pltf to conduct contidential survey before Judge Harold D Vietor [513-1] (don) (Entered: 03/09/1998)

March 9, 1998

March 9, 1998

517

MOTION by movant Paul Michael Blaise for "set out instruction for the admission or entering of exhibits records for hearing on the contempt claims" before Honorable Harold D. Vietor (don) (Entered: 03/05/1998)

March 5, 1998

March 5, 1998

516

ORDER by Honorable Harold D. Vietor granting motion to extend dicovery deadline to 04/17/98 before Judge Harold D Vietor [512-1] (cc: all counsel) (don) (Entered: 03/03/1998)

March 3, 1998

March 3, 1998

514

ORDER by Honorable Harold D. Vietor denying motion for contempt before Magistrate Judge Ross A. Walters [511-1] Blaise's contentions should be presented by class counsel, if class counsel deems that appropriate. (cc: all counsel) (don) (Entered: 03/03/1998)

March 3, 1998

March 3, 1998

513

MOTION by plaintiff Michael Patrick Gavin for pltf to conduct contidential survey before Judge Harold D Vietor (don) Modified on 03/02/1998 (Entered: 03/02/1998)

March 2, 1998

March 2, 1998

512

MOTION by plaintiff Michael Patrick Gavin to extend dicovery deadline to 04/27/98 before Judge Harold D Vietor (don) Modified on 03/02/1998 (Entered: 03/02/1998)

March 2, 1998

March 2, 1998

511

MOTION by movant Paul M. Blaise for contempt before Magistrate Judge Ross A. Walters (cc: all counsel by lkd) (ld) Modified on 02/26/1998 (Entered: 02/26/1998)

Feb. 25, 1998

Feb. 25, 1998

510

CERTIFIED COPY of judgment/mandate from USCA reversing and remanding the decision of the District Court [Appeal [479-1], reversing and remanding the decision of the District Court [Appeal [477-1] (cc: all counsel) (pmb) (Entered: 02/11/1998)

Feb. 11, 1998

Feb. 11, 1998

LETTER to court from the US Supreme Court stating the certiorari has been filed. (pmb) (Entered: 01/26/1998)

Jan. 26, 1998

Jan. 26, 1998

509

SCHEDULING ORDER by Honorable Harold D. Vietor that discovery shall be completed by 2/22/98. The parties shall contact the court at the appropriate time to arrange for a final hearing on the pending motion to terminate. (cc: all counsel) (don) (Entered: 12/24/1997)

Dec. 24, 1997

Dec. 24, 1997

508

STATUS REPORT concerning scheduling by defendant Robert Ray (don) Modified on 12/18/1997 (Entered: 12/17/1997)

Dec. 17, 1997

Dec. 17, 1997

507

STATUS REPORT re: 18 U.S.C. 3626(b)(3) by plaintiff Michael Patrick Gavin (don) (Entered: 12/17/1997)

Dec. 17, 1997

Dec. 17, 1997

506

SUPPLEMENTAL response by plaintiff Michael Patrick Gavin [460-1] to motion for temporary and preliminary relief before Honorable Harold D. Vietor (don) (Entered: 12/17/1997)

Dec. 17, 1997

Dec. 17, 1997

505

COPY of Appellate Court Order: Appellees' motion for stay of mandate pending petition for writ of certiorari to the United States Supreme Court has been considered by the court and is denied. (don) (Entered: 10/30/1997)

Oct. 30, 1997

Oct. 30, 1997

504

COPY of Appellate Court Order: Rehearing en banc is denied. Petition for rehearing by the panel is also denied. (don) (Entered: 10/14/1997)

Oct. 14, 1997

Oct. 14, 1997

503

COPY of Appellate Court Order: motion for an order shortening the time to seek rehearing has been denied. (don) (Entered: 09/09/1997)

Sept. 9, 1997

Sept. 9, 1997

502

COPY of Appellate Court Opinion:The order of the USDC, holding the immediate termination provisions of the PLRA unconstitutional is reversed and the case is remanded for application of those provisions to the facts of the case. (pmb) (Entered: 08/08/1997)

Aug. 8, 1997

Aug. 8, 1997

501

COPY OF LETTER FROM USCA [479-1] re appeal, [477-1] re appeal regarding letter from Dana McWay's on 7/11/97. (don) (Entered: 07/17/1997)

July 17, 1997

July 17, 1997

COPY of Appellate Court Order:The Clerk of the USCA is directed to correct the case caption by substituting the names of the current officeholders for the officeholders named in the complaint filed in the USDC. (pmb) (Entered: 07/14/1997)

July 14, 1997

July 14, 1997

500

COPY OF LETTER FROM USCA [479-1] re appeal, [477-1] re appeal (pmb) (Entered: 07/07/1997)

July 7, 1997

July 7, 1997

499

ORDER by Honorable Harold D. Vietor denying motion filed 6/12/97 captioned motion to reconsider [498-1]; Risdal contends order entered 6/3/97 was in error (cc: all counsel) (dr) (Entered: 06/13/1997)

June 13, 1997

June 13, 1997

498

MOTION by movant Eddie Risdal to reconsider "Correction of air or mistake" before Honorable Harold D. Vietor (cl) (Entered: 06/12/1997)

June 12, 1997

June 12, 1997

497

ORDER by Honorable Harold D. Vietor re [496-1] affidavit: Risdal has nothing pending in this case. The court will take no further action on the afdt (cc: all counsel) (cl) (Entered: 06/03/1997)

June 3, 1997

June 3, 1997

496

AFFIDAVIT of Eddie C. Risdal (cl) (Entered: 05/29/1997)

May 29, 1997

May 29, 1997

495

ORDER by Honorable Harold D. Vietor denying motion "local rule 201 (d) judicial mandatory notice of facts and deceit, mistake, or fraud by court, U.S. Clerk, or I.S.). mailroom censors" [494-1], denying motion for order to show cause [493-1] Risdal's contentions should be presented by class counsel if class counsel deems appropriate. ORDERED that the Clerk send copies of Risdal's filings to class counsel (cc: all counsel) (cl) (Entered: 05/23/1997)

May 23, 1997

May 23, 1997

494

MOTION by movant Eddie Risdal "local rule 201 (d) judicial mandatory notice of facts and deceit, mistake, or fraud by court, U.S. Clerk, or I.S.). mailroom censors" before Honorable Harold D. Vietor (ld) (Entered: 05/13/1997)

May 12, 1997

May 12, 1997

493

MOTION by movant Eddie Risdal for order to show cause before Honorable Harold D. Vietor (cl) (Entered: 05/07/1997)

May 6, 1997

May 6, 1997

492

ORDER INDEFINITELY CONTINUING CONTEMPT HEARING by Honorable Harold D. Vietor granting motion to continue trial [491-1] If and when the matter becomes ripe for hearing, counsel shall file a motion to reschedule the hearing. (cc: all counsel) (dv) (Entered: 03/10/1997)

March 10, 1997

March 10, 1997

491

MOTION by all defendant's to continue trial before Honorable Harold D. Vietor (pmb) (Entered: 03/10/1997)

March 10, 1997

March 10, 1997

490

ORDER by Honorable Harold D. Vietor: Movant Risdal's contentions will be referred to class cnsl for consideration. The court will take no further action on Risdal's filings absent a supplementary filing by class cnsl. For docket control purposes Risdal's motion for order to show cause why defs are violating the settlement agreements in this case [489-1] is denied. ORDERED that the clerk sent copies of Risdal's filing to class cnsl (cc: all counsel) (cl) (Entered: 02/07/1997)

Feb. 6, 1997

Feb. 6, 1997

489

MOTION by movant Eddie Risdal for order to show cause why defs are violating the settlement agreements in this case before Honorable Harold D. Vietor (cl) (Entered: 01/29/1997)

Jan. 27, 1997

Jan. 27, 1997

488

ORDER by Honorable Harold D. Vietor: ORDERED that hearing on motion for order to show cause why defs should not be held in comtempt [475-1] is rescheduled to commence at 8:30 on 3/13/97 in Fort Madison (cc: all counsel) (cl) (Entered: 01/15/1997)

Jan. 15, 1997

Jan. 15, 1997

487

ORDER by Honorable Harold D. Vietor denying motion for order to show cause [486-1] for violating the limiting order (cc: all counsel) (cl) (Entered: 01/15/1997)

Jan. 15, 1997

Jan. 15, 1997

486

MOTION by movant Eddie Risdal for order to show cause before Honorable Harold D. Vietor (cl) (Entered: 12/17/1996)

Dec. 17, 1996

Dec. 17, 1996

485

ORDER Re: Hearing by Honorable Harold D. Vietor -- HDV unable to conduct hearing previously scheduled for 12/11/96, same rescheduled... setting hearing on motion for order to show cause why defs should not be held in contempt [411-1] 8:30 a.m. on 2/13/97 at court facility on the ISP grounds. (cc: all counsel) (ld) (Entered: 12/04/1996)

Dec. 4, 1996

Dec. 4, 1996

484

NOTIFICATION by Circuit Court of Appellate Docket Number [479-1] 96-3794SIDM (sm) (Entered: 11/04/1996)

Nov. 4, 1996

Nov. 4, 1996

483

LETTER to court from Attorneyb John C. Hoyle, Attorney for USA on appeal advising this court of entry of his appearance as well as Barbara Herwig on behalf of the USA. (ld) (Entered: 11/04/1996)

Nov. 4, 1996

Nov. 4, 1996

482

COPY of Appellate Court Order:Permission for R. Ray and U.S. to take interl appeals are granted (sm) (Entered: 10/28/1996)

Oct. 28, 1996

Oct. 28, 1996

RECORD on appeal returned from U.S. Court of Appeals (sm) (Entered: 10/11/1996)

Oct. 11, 1996

Oct. 11, 1996

481

COPY of Appellate Court Order: John Booker Whiston is hereby appt'd to represent the appellee on appeal. (sm) (Entered: 10/11/1996)

Oct. 11, 1996

Oct. 11, 1996

480

NOTIFICATION by Circuit Court of Appellate Docket Number [477-1] 96-3634SIDM (sm) (Entered: 10/11/1996)

Oct. 11, 1996

Oct. 11, 1996

RECEIVED [479-1] re appeal fee in amount of $ 105.00 ( Receipt # 48562) (sm) (Entered: 10/11/1996)

Oct. 10, 1996

Oct. 10, 1996

479

NOTICE OF APPEAL by defendant Robert Ray-all defendants from Dist. Court decision [473-1] cc: all counsel (sm) (Entered: 10/11/1996)

Oct. 10, 1996

Oct. 10, 1996

478

NOTIFICATION by Circuit Court of Appellate Docket Number [477-1] 96-8146SIDM (ld) (Entered: 10/04/1996)

Oct. 4, 1996

Oct. 4, 1996

477

NOTICE OF APPEAL by intervenor USA from Dist. Court decision [473-1] cc: all counsel (sm) (Entered: 09/30/1996)

Sept. 27, 1996

Sept. 27, 1996

NOTIFICATION by Circuit Court of Appellate Docket Number 96- 8143SIDM (sm) (Entered: 09/26/1996)

Sept. 26, 1996

Sept. 26, 1996

Case Details

State / Territory: Iowa

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 14, 1978

Case Ongoing: No

Plaintiffs

Plaintiff Description:

disciplinary segregation inmates at the Iowa State Penitentiary in Ft. Madison, IA

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Iowa Department of Corrections (Ft. Madison), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1984 - 1999

Issues

General:

Access to lawyers or judicial system

Disciplinary segregation

Law library access

Restraints : chemical

Restraints : physical

Type of Facility:

Government-run