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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

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

Aug. 5, 1997

Aug. 5, 1997

Order/Opinion

97-07420

Memorandum Decision

Gavin v. Branstad

Supreme Court of the United States

June 26, 1998

June 26, 1998

Order/Opinion

97-07420

Memorandum Decision

Gavin v. Branstad

Supreme Court of the United States

Oct. 5, 1998

Oct. 5, 1998

Order/Opinion

Docket

Last updated Dec. 5, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
375

ORDER by Honorable Harold D. Vietor Case consolidated 4:78-cv- 70062 with member cases 4:92-cv-70167 Joint report to the Court due by 5/10/93 (cc: all counsel) (cl) (Entered: 08/06/1993)

March 30, 1993

March 30, 1993

385

BRIEF FILED by defendant Robert Ray (cl) (Entered: 08/17/1993)

Aug. 16, 1993

Aug. 16, 1993

386

ORDER by Honorable Harold D. Vietor: ORDERED that case be stayed pending resolution of contempt claim in Gavin (4-93-70325). Class cnsl in Gavin shall represent Stone as well as Camp and the class. FURTHER ORDERED that the clerk cop this order and file it in Gavin. (cc: all counsel) (cl) (Entered: 10/13/1993)

Oct. 12, 1993

Oct. 12, 1993

387

MOTION by movants Steven Wycoff and Glendale More to remove pltfs cnsl before Honorable Harold D. Vietor , for re-appointment of new counsel before Honorable Harold D. Vietor , for hearing before Honorable Harold D. Vietor (cl) Modified on 10/19/1993 (Entered: 10/19/1993)

Oct. 18, 1993

Oct. 18, 1993

388

MOTION by movant Steven R Wycoff in 4:78-cv-70062, movant Glendale More Jr in 4:78-cv-70062 for order to show cause why "Plaintiffs'" lawyers; Defendants Lawyers and the defendants should not be held in contempt before Honorable Harold D. Vietor (cl) (Entered: 10/19/1993)

Oct. 18, 1993

Oct. 18, 1993

389

ORDER by Honorable Harold D. Vietor re [388-1], re [387-1], re [387- 2] : ORDERED that cnsl for both parties are granted to and incl 11/12/93 within which to file a response to the "Motion for Order to Show Cause Why 'Plaintiff's Lawyers; Defendant's Lawyers and Defendant's Should Not be Held In Contempt" filed by Wycoff and More. FURTHER ORDERED that pltf's cnsl are granted to and including 11/12/93 to file their response to the "Motion to Remove Plaintiffs' Counsel and Motion to Re-Appoint New Counsel" filed by Wycoff and More. (cc: all counsel) (cl) (Entered: 10/20/1993)

Oct. 20, 1993

Oct. 20, 1993

390

MOTION by movant Steven R Wycoff, movant Glendale More Jr for declatory judgment before Honorable Harold D. Vietor (cl) (Entered: 10/29/1993)

Oct. 27, 1993

Oct. 27, 1993

392

RESPONSE by defendant Robert Ray re: [388-1] motion for order to show cause why "Plaintiffs'" lawyers; Defendants Lawyers and the defendants should not be held in contempt before Honorable Harold D. Vietor, re: [387-1] motion to remove pltfs cnsl before Honorable Harold D. Vietor, re: [387-2] motion for re-appointment of new counsel before Honorable Harold D. Vietor (cl) (Entered: 11/12/1993)

Nov. 12, 1993

Nov. 12, 1993

393

AFFIDAVIT of Barbara A. Schwartz regarding response [392-1] (cl) (Entered: 11/12/1993)

Nov. 12, 1993

Nov. 12, 1993

394

AFFIDAVIT of Paul Papak regarding response [392-1] (cl) (Entered: 11/12/1993)

Nov. 12, 1993

Nov. 12, 1993

395

RESPONSE by defendant re: [388-1] motion for order to show cause why "Plaintiffs'" lawyers; Defendants Lawyers and the defendants should not be held in contempt before Honorable Harold D. Vietor (cl) (Entered: 11/17/1993)

Nov. 16, 1993

Nov. 16, 1993

396

ORDER by Honorable Harold D. Vietor - the time to file a resistance to: re [390-1] is extended by the ct. until 11/26/93. (cc: all counsel) (rh) (Entered: 11/19/1993)

Nov. 19, 1993

Nov. 19, 1993

397

ORDER by Honorable Harold D. Vietor: Defs shall carefully comply with all provisions of the settlement agreement as interpreted herein. Defs shall pay pltf Camp the sum of $2.00 per day for each of the 90 days that his television was improperly confiscated for a total of $180.00. Judgment will be entered against defs for plf Camp's reasonable costs and atty fees. (cc: all counsel) (cl) (Entered: 11/23/1993)

Nov. 23, 1993

Nov. 23, 1993

398

JUDGMENT: signed by Carolyn Larkins, Deputy Clerk re [397-1] (cc: all counsel) OJ 218-136 (cl) (Entered: 11/23/1993)

Nov. 23, 1993

Nov. 23, 1993

REMARK: Case #4-92-70167 closed this date per judgment entered (cl) (Entered: 11/23/1993)

Nov. 23, 1993

Nov. 23, 1993

399

RESISTANCE by defendant Robert Ray motion for declatory judgment before Honorable Harold D. Vietor [390-1] (gk) (Entered: 11/24/1993)

Nov. 24, 1993

Nov. 24, 1993

400

ORDER by Honorable Harold D. Vietor the motion for hearing on declatory judgment is terminated [391-1] motion for declatory judgment denied and dismissed [390-1] (cc: all counsel) (cl) (Entered: 12/02/1993)

Dec. 2, 1993

Dec. 2, 1993

401

ORDER by Honorable Harold D. Vietor: Pltf's cnsl is hereby awarded $900 in attys fees and costs (cc: all counsel) (cl) (Entered: 12/03/1993)

Dec. 3, 1993

Dec. 3, 1993

402

ORDER by Honorable Harold D. Vietor granting motion for re- appointment of new counsel [387-2] appointing PHILIP B MEARS (cc: all counsel) (cl) (Entered: 12/08/1993)

Dec. 8, 1993

Dec. 8, 1993

REMARK: Copy of mentioned pleading to Philip Mears this date for appt of cnsl (cl) (Entered: 12/08/1993)

Dec. 8, 1993

Dec. 8, 1993

404

NOTICE by movant Steven R Wycoff, movant Glendale More Jr of withdrawal of motion for order to show cause why "Plaintiffs'" lawyers; Defendants Lawyers and the defendants should not be held in contempt before Honorable Harold D. Vietor [388-1] (cl) (Entered: 01/03/1994)

Jan. 3, 1994

Jan. 3, 1994

405

ORDER LIFTING STAY, APPOINTING COUNSEL, AND EXTENDING DISPOSITIVE MOTION DEADLINE by Honorable Harold D. Vietor Original filed in 4-93-70325 (cc: all counsel) (cl) (Entered: 02/04/1994)

Feb. 4, 1994

Feb. 4, 1994

406

MOTION by movant William E Blakeman to proceed in forma pauperis before Honorable Harold D. Vietor (cl) (Entered: 03/03/1994)

March 3, 1994

March 3, 1994

407

MOTION by movant William E Blakeman for appointment of counsel before Honorable Harold D. Vietor (cl) (Entered: 03/03/1994)

March 3, 1994

March 3, 1994

408

MOTION by movant William E Blakeman for issuance of rule to show cause (for order) before Honorable Harold D. Vietor (cl) (Entered: 03/03/1994)

March 3, 1994

March 3, 1994

409

ORDER by Honorable Harold D. Vietor: Contentions such as Blakeman's should be presented by class cnsl, if class cnsl deems that appropriate. Movant Blakeman's contentions will e referred to class cnsl for consideration. The court will take no further action on his filings absent a supplementary filing by class cnsl. For docket control purposes Blakeman's motions [408-1], [407-1], [406-1] are denied. ORDERED that clerk send copies of the Blakeman filings to class cnsl (cc: all counsel) (cl) (Entered: 04/01/1994)

April 1, 1994

April 1, 1994

410

MOTION by movant William E Blakeman to dismiss application for issuance rule to show cause with prejudice before Honorable Harold D. Vietor (cl) (Entered: 06/22/1994)

June 21, 1994

June 21, 1994

411

MOTION by plaintiff Michael Patrick Gavin, movant Glendale More Jr, movant William E Blakeman for order to show cause why defs should not be held in contempt before Honorable Harold D. Vietor (cl) Modified on 04/07/1998 (Entered: 11/07/1995)

Nov. 6, 1995

Nov. 6, 1995

412

ORDER by Honorable Harold D. Vietor re [411-1] motion for order to show cause why defs should not be held in contempt: ORDERED that defs file their response to pltfs' m/order to show cause on or before 11/29/95 (cc: all counsel) (cl) (Entered: 11/08/1995)

Nov. 8, 1995

Nov. 8, 1995

413

RESISTANCE by defendants to motion for order to show cause why defs should not be held in contempt before Honorable Harold D. Vietor [411- 1] (cl) (Entered: 11/14/1995)

Nov. 14, 1995

Nov. 14, 1995

414

ORDER by Honorable Harold D. Vietor ; In-court hearing (MAG) set for 2/23/96 at 8:30; at the Iowa State Penitentiary in Fort Madison See order for particulars (cc: all counsel) (dv) (Entered: 11/16/1995)

Nov. 16, 1995

Nov. 16, 1995

416

ORDER by Honorable Harold D. Vietor denying motion for order to show cause why defs should not be held in comtempt [415-1] for docket control purposes: If class cnsl determines his claims should be pursued they may be renewed by means of a supplementary filing. ORDERED that the clerk send copies of Browne's filing to class cnsl (cl) (Entered: 02/08/1996)

Feb. 6, 1996

Feb. 6, 1996

417

ORDER by Honorable Harold D. Vietor setting hearing on motion for order to show cause why defs should not be held in contempt [411-1] 8:30 3/29/96 (cc: all counsel) (dv) (Entered: 02/09/1996)

Feb. 9, 1996

Feb. 9, 1996

418

MOTION by plaintiff Michael Patrick Gavin to vacate scheduling order before Honorable Harold D. Vietor (cl) (Entered: 02/12/1996)

Feb. 9, 1996

Feb. 9, 1996

419

ORDER by Honorable Harold D. Vietor granting motion to vacate scheduling order [418-1] Scheduling has already been taken care of by the order rescheduling the hearing filed 2/8/96 (cc: all counsel) (cl) (Entered: 02/15/1996)

Feb. 14, 1996

Feb. 14, 1996

420

ORDER by Honorable Harold D. Vietor setting hearing on motion for order to show cause why defs should not be held in contempt [411-1] 8:30 5/30/96 in Fort Madison (cc: all counsel) (dv) (Entered: 03/08/1996)

March 8, 1996

March 8, 1996

421

MOTION by movant Artuth Killinger, movant Ronald Kulow for order to show cause before Honorable Harold D. Vietor (cl) (Entered: 04/26/1996)

April 25, 1996

April 25, 1996

422

MOTION by movant Artuth Killinger to amend before Honorable Harold Vietor (cl) Modified on 05/06/1996 (Entered: 05/02/1996)

May 1, 1996

May 1, 1996

423

ORDER by Honorable Harold D. Vietor re [422-1] motion to amend order to show cause : ORDERED that the AG file his response to pltf's m/amend order to show cause on or before 5/10/96 (cc: all counsel) (cl) (Entered: 05/07/1996)

May 6, 1996

May 6, 1996

424

MOTION by defendant Robert Ray for termination of relief before Honorable Harold D. Vietor (cl) (Entered: 05/14/1996)

May 13, 1996

May 13, 1996

425

MEMORANDUM by defendant in support [424-1] of motion for termination of relief before Honorable Harold D. Vietor (cl) (Entered: 05/14/1996)

May 13, 1996

May 13, 1996

426

INDEFINITE CONTINUANCE OF HEARING (ORDER) by Honorable Harold D. Vietor re pltfs' motion for contempt [411-1]: Due to the Prison Litigation Reform Act and for good cause shown, the contempt hearing scheduled for May 30 is indefinitely postponed (cc: all counsel) (cl) (Entered: 05/17/1996)

May 16, 1996

May 16, 1996

427

ORDER by Honorable Harold D. Vietor: Killinger's motion for order to show cause requiring defs to show cause why they should not be held in contempt [421-1] is denied (cc: all counsel) (cl) (Entered: 05/28/1996)

May 24, 1996

May 24, 1996

428

MOTION by plaintiffs to extend time in which to resist defs' m/termination of relief before Honorable Harold D. Vietor (cl) (Entered: 05/30/1996)

May 29, 1996

May 29, 1996

429

ORDER by Honorable Harold D. Vietor granting motion to extend time in which to resist defs' m/termination of relief [428-1] SEE ORDER FOR PARTICULARS (cc: all counsel) (cl) (Entered: 06/05/1996)

May 31, 1996

May 31, 1996

438

SCHEDULING ORDER by Honorable Harold D. Vietor: Pltfs shall file brief in response to defs m/terminate relief on or before 6/28/96. Defs are granted to and including 7/8/96 within which to file their brief. Any request for a hearing by way of presentation of evidence or oral argument shall be filed by not later than 7/12/96 (cc: all counsel) (cl) (Entered: 06/13/1996)

June 2, 1996

June 2, 1996

430

ORDER by Honorable Harold D. Vietor -- The court will hear plntfs' oral request for temp. restraining order [motion to be filed 6/7/96 per ml/hdv's office] in chambers, subject to the possibility that another judge will be available to hear the TRO request on an earlier date. ; In-court hearing 6/12/96 at 1:30 p.m. (cc: all counsel) (ld) (Entered: 06/06/1996)

June 4, 1996

June 4, 1996

431

MOTION by plaintiff Michael Patrick Gavin for temporary restraining order before Honorable Harold D. Vietor , and for preliminary injunction before Honorable Harold D. Vietor (cl) (Entered: 06/11/1996)

June 7, 1996

June 7, 1996

432

NOTICE OF CHALLENGE OF CONSTITUTIONALITY OF PRISON LITIGATION REFORM ACT by plaintiffs (cl) (Entered: 06/11/1996)

June 7, 1996

June 7, 1996

433

MOTION by plaintiff to exceed page limitation before Judge Ronald E. Longstaff (cl) (Entered: 06/11/1996)

June 7, 1996

June 7, 1996

434

ORDER by Judge Ronald E. Longstaff granting motion to exceed page limitation [433-1] (cc: all counsel) (cl) (Entered: 06/11/1996)

June 7, 1996

June 7, 1996

435

MEMORANDUM by plaintiff in support [431-1] of motion for temporary restraining order before Honorable Harold D. Vietor, [431-2] of motion for preliminary injunction before Honorable Harold D. Vietor (cl) (Entered: 06/11/1996)

June 7, 1996

June 7, 1996

436

CERTIFICATION TO UNITED STATES ATTORNEY GENERAL (ORDER) by James R. Rosenbaum, Clerk: If the US elects to intervene, it shall do so, on or before 6/12/96. Hearing on motion for temporary restraining order [431-1] and motion for preliminary injunction [431-2] is scheduled to commence at 1:30 on 6/12/96 (cc: all counsel) (cl) (Entered: 06/11/1996)

June 10, 1996

June 10, 1996

437

CLERK'S COURT MINUTES: courtroom clerk: Pat Bridges; court reporter: Theresa Kenkel; denying motion for temporary restraining order [431-1], terminating motion for preliminary injunction [431-2] (cl) (Entered: 06/13/1996)

June 12, 1996

June 12, 1996

440

PARTIAL HEARING TRANSCRIPT of hearing held 6/12/96 filed (cl) (Entered: 06/19/1996)

June 17, 1996

June 17, 1996

441

TRANSCRIPT OF HEARING HELD 6/12/96 filed (cl) (Entered: 06/26/1996)

June 24, 1996

June 24, 1996

442

MOTION by intervenor USA to intervene before Honorable Harold D. Vietor (cl) (Entered: 07/02/1996)

July 1, 1996

July 1, 1996

443

MOTION by intervenor USA for extension of time to file memorandum before Honorable Harold D. Vietor (cl) (Entered: 07/08/1996)

July 2, 1996

July 2, 1996

444

ORDER by Honorable Harold D. Vietor granting motion to intervene [442-1] by the United States (cc: all counsel) (cl) (Entered: 07/08/1996)

July 3, 1996

July 3, 1996

445

MOTION by plaintiffs for summary judgment before Honorable Harold D. Vietor (cl) (Entered: 07/08/1996)

July 5, 1996

July 5, 1996

446

STATEMENT OF UNDISPUTED FACTS by plaintiff Michael Patrick Gavin [445-1] in support of motion for summary judgment before Honorable Harold D. Vietor (cl) (Entered: 07/08/1996)

July 5, 1996

July 5, 1996

447

MOTION by plaintiffs to exceed page limitation before James R. Rosenbaum, Clerk (cl) (Entered: 07/08/1996)

July 5, 1996

July 5, 1996

448

ORDER by Honorable Harold D. Vietor granting motion for extension of time to file memorandum -- USA granted to and including 7/15/96 to file memorandum. [443-1] (cc: all counsel) (ld) (Entered: 07/12/1996)

July 8, 1996

July 8, 1996

449

Ruling and ORDER by Honorable Harold D. Vietor granting motion to file overlenght brief, clerk directed to file brief. [447-1] (cc: all counsel) (ld) (Entered: 07/12/1996)

July 9, 1996

July 9, 1996

450

RESISTANCE by all plaintiffs' to motion for termination before Honorable Harold D. Vietor [424-1] (Part 1 of pleading) (ld) (Entered: 07/12/1996)

July 9, 1996

July 9, 1996

450

MEMORANDUM by all plaintiffs' in support [445-1] of motion for summary judgment before Honorable Harold D. Vietor (Part 2 of pleading #450) (ld) (Entered: 07/12/1996)

July 9, 1996

July 9, 1996

451

MOTION (MOTION OF THE UNITED STATES OF AMERICA FOR LEAVE OF COURT TO FILE MEMORANDUM EXCEEDING PAGE LIMITATION) by intervenor USA to exceed page limitation before Magistrate Judge Ross A. Walters (dv) (Entered: 07/17/1996)

July 15, 1996

July 15, 1996

452

ORDER by Honorable Harold D. Vietor granting motion to exceed page limitation [451-1] (cc: all counsel) (dv) (Entered: 07/17/1996)

July 16, 1996

July 16, 1996

453

BRIEF FILED (MEMORANDUM OF LAW OF THE USA WITH RESPECT TO THE CONSTITUTIONALITY OF CERTAIN PROVISIONS OF THE PRISON LITIGATION REFORM ACT by intervenor USA (dv) (Entered: 07/17/1996)

July 17, 1996

July 17, 1996

454

MOTION by plaintiff Michael Patrick Gavin for leave to tofile a reply brief before Honorable Harold D. Vietor , to extend time in which to file such brief before Honorable Harold D. Vietor (cl) (Entered: 07/23/1996)

July 19, 1996

July 19, 1996

455

ORDER by Honorable Harold D. Vietor granting motion for leave to tofile a reply brief [454-1], granting motion to extend time in which to file such brief [454-2]: ORDERED that pltf's are granted to and including 5 days after service on them of defs' brief within which to file their reply brief. (cc: all counsel) (cl) (Entered: 07/26/1996)

July 24, 1996

July 24, 1996

456

MOTION by defendant Robert Ray to exceed page limitation before Honorable Harold D. Vietor (cl) Modified on 07/26/1996 (Entered: 07/26/1996)

July 25, 1996

July 25, 1996

457

ORDER by Honorable Harold D. Vietor granting motion to exceed page limitation [456-1] (cc: all counsel) (cl) Modified on 07/30/1996 (Entered: 07/26/1996)

July 26, 1996

July 26, 1996

458

SUPPLEMENTAL BRIEF FILED by defendant [424-1] regarding motion for termination of relief before Honorable Harold D. Vietor (cl) Modified on 07/30/1996 (Entered: 07/26/1996)

July 26, 1996

July 26, 1996

459

MOTION by intervenor USA for leave of court to file supplemental memorandum before Honorable Harold D. Vietor (ld) (Entered: 08/07/1996)

Aug. 5, 1996

Aug. 5, 1996

460

RENEWED MOTION by plaintiff for temporary and preliminary relief before Honorable Harold D. Vietor (cl) Modified on 04/07/1998 (Entered: 08/08/1996)

Aug. 7, 1996

Aug. 7, 1996

461

MEMORANDUM by plaintiff in support [460-1] of motion for temporary and preliminary relief before Honorable Harold D. Vietor (cl) (Entered: 08/08/1996)

Aug. 7, 1996

Aug. 7, 1996

462

ORDER by Honorable Harold D. Vietor granting motion for leave of court to file supplemental memorandum [459-1] (cc: all counsel) (cl) (Entered: 08/12/1996)

Aug. 8, 1996

Aug. 8, 1996

463

SUPPLEMENTAL MEMORANDUM OF LAW by intervenor USA [453-1] to motion brief (cl) (Entered: 08/12/1996)

Aug. 8, 1996

Aug. 8, 1996

464

MOTION by plaintiff Michael Patrick Gavin to exceed page limitation before Honorable Harold D. Vietor (cl) (Entered: 08/12/1996)

Aug. 9, 1996

Aug. 9, 1996

465

ORDER by Honorable Harold D. Vietor: ORDERED that operation of the automatic stay provision of the Prison Litigation Reform Act is stayed pending final decision of the court on defs' m/terminate consent decree, andthere shall be no stay of prospective relief. The parties shall continue to comply with the settlement agreement filed on 5/3/84 (etc) pending further order of the court (cc: all counsel) (cl) (Entered: 08/13/1996)

Aug. 9, 1996

Aug. 9, 1996

467

ORDER by Honorable Harold D. Vietor granting motion to exceed page limitation [464-1] (cc: all counsel) (cl) (Entered: 08/14/1996)

Aug. 13, 1996

Aug. 13, 1996

468

REPLY BRIEF by plaintiff re [424-1] motion for termination of relief before Honorable Harold D. Vietor (cl) (Entered: 08/14/1996)

Aug. 13, 1996

Aug. 13, 1996

469

TRANSCRIPT OF HEARING HELD 8/9/96 @ 11:00 A.M. filed (cl) (Entered: 08/16/1996)

Aug. 15, 1996

Aug. 15, 1996

470

ORDER TO SHOW CAUSE by Honorable Harold D. Vietor: ORDERED that at the commencement of the hearing on m/terminate the consent decree on 9/3/96, cnsl for pltfss shall orally show cause, if they can, why the court should not strike as inappropriate comment footnote 2 at page 4 of pltfs' rply brief concerning immediate termination (cc: all counsel) (cl) (Entered: 08/22/1996)

Aug. 22, 1996

Aug. 22, 1996

471

CLERK'S COURT MINUTES: courtroom clerk: Jon Sunins; court reporter: Kelli M. Mulcahy; Ruling reserved on the motion for summary judgment [445-1],and the motion for termination of relief [424-1] (cl) (Entered: 09/04/1996)

Sept. 3, 1996

Sept. 3, 1996

472

TRANSCRIPT OF HEARING HELD 9/3/96 @ 1:30 b/4 HDV filed (cl) (Entered: 09/16/1996)

Sept. 16, 1996

Sept. 16, 1996

473

ORDER by Honorable Harold D. Vietor: Pltf's motion for summary judgment [445-1] s denied as moot. Defs' motion for termination of relief [424-1] is denied (cc: all counsel) (cl) (Entered: 09/19/1996)

Sept. 18, 1996

Sept. 18, 1996

474

ORDER by Honorable Harold D. Vietor granting motion to amend [422- 1] Hearing on pltfs' amended motion for order to show cause why defs should not be held in contempt [411-1] will be held in the court facility at ISP at 8:30 on 12/11/96. Alternate date is 2/13/97 ; Discovery ddl set for 11/18/96; estimated length of trial is 1 1/2 days (cc: all counsel) (cl) (Entered: 09/20/1996)

Sept. 19, 1996

Sept. 19, 1996

475

AMENDED MOTION by plaintiff for order to show cause why defs should not be held in comtempt before Honorable Harold D. Vietor (cl) (Entered: 09/20/1996)

Sept. 19, 1996

Sept. 19, 1996

476

LETTER to court from 8th circuit dated 9-23-96 stating petition for permission to appeal has been received and filed today under the misc number and will be submitted to the court. You will be advised of the court's ruling in the matter. (sm) (Entered: 09/26/1996)

Sept. 26, 1996

Sept. 26, 1996

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

Sept. 26, 1996

Sept. 26, 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

478

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

Oct. 4, 1996

Oct. 4, 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

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

Oct. 10, 1996

Oct. 10, 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

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

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

Oct. 11, 1996

Oct. 11, 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

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