Case: Kelly v. Brewer

4:73-00177 | U.S. District Court for the Southern District of Iowa

Filed Date: Aug. 23, 1973

Closed Date: Nov. 19, 1975

Clearinghouse coding complete

Case Summary

In September 1973, an inmate of the Iowa State Penitentiary in Fort Madison, Iowa filed a lawsuit in the United States District Court for the Southern District of Iowa under 42 U.S.C. § 1983 against the prison warden. The plaintiff complained about administrative segregation conditions, standards, and infrequent evaluations of segregated prisoners. The plaintiff further alleged an equal protection violation, claiming that inmates convicted of murder had not been classified as a serious safety…

In September 1973, an inmate of the Iowa State Penitentiary in Fort Madison, Iowa filed a lawsuit in the United States District Court for the Southern District of Iowa under 42 U.S.C. § 1983 against the prison warden. The plaintiff complained about administrative segregation conditions, standards, and infrequent evaluations of segregated prisoners. The plaintiff further alleged an equal protection violation, claiming that inmates convicted of murder had not been classified as a serious safety threat in the past.

On June 6, 1974, the District Court (Judge William C. Hanson) held that the conditions of administrative segregation violated his Eighth and Fourteenth Amendment rights, but did not find an equal protection violation. Kelly v. Brewer, 378 F. Supp. 447 (S.D. Iowa 1974). In addition, the court refused to find that the inmate was subjected to cruel and unusual punishment after he was convicted of killing a prison guard.

The prison appealed. The plaintiff cross-appealed, seeking reinstatement of the equal protection and due process claims. On November 19, 1975, the United States Court of Appeals for the Eighth Circuit (Judge Jesse S. Henley) held the cross-appeal was moot because the inmate had been released from prison and the action was not certified as a class action. Kelly v. Brewer, 525 F.2d 394 (8th Cir. 1975). In addition, the Eighth Circuit affirmed the lower court's holding, that conditions of administrative segregation were unconstitutional.

We lack the docket, pleadings, and orders in this case. We have no knowledge of subsequent proceedings.

Summary Authors

Rebekah Henn Sullivan (8/11/2005)

People


Judge(s)

Gibson, Floyd Robert (Missouri)

Hanson, William Cook (Missouri)

Henley, Jesse Smith (Missouri)

Van Pelt, Robert (Nebraska)

Attorneys(s) for Plaintiff

Bartels, Robert D. (Iowa)

Clinton, Robert N. (Iowa)

Lindahl, Barry A. (Iowa)

Thompson, John M. (Iowa)

Attorneys(s) for Defendant

Hronek, Thomas R. (Iowa)

Murphy, Michael P. (Iowa)

Judge(s)

Gibson, Floyd Robert (Missouri)

Hanson, William Cook (Missouri)

Henley, Jesse Smith (Missouri)

Van Pelt, Robert (Nebraska)

Attorneys(s) for Plaintiff

Bartels, Robert D. (Iowa)

Clinton, Robert N. (Iowa)

Lindahl, Barry A. (Iowa)

Thompson, John M. (Iowa)

Attorneys(s) for Defendant

Hronek, Thomas R. (Iowa)

Murphy, Michael P. (Iowa)

Pulaski, Charles Jr. (Iowa)

Turner, Richard C. (Iowa)

Williams, Lorna Lawhead (Iowa)

Documents in the Clearinghouse

Document

4:73-00177

Findings of Fact, Conclusions of Law and Order for Judgment

378 F.Supp. 447, 1974 U.S.Dist.LEXIS 8182

June 6, 1974

June 6, 1974

Order/Opinion

75-01523

75-01562

Reported Opinion

U. S. Court of Appeals for the Eighth Circuit

525 F.2d 394, 1975 U.S.App.LEXIS 11855

Nov. 19, 1975

Nov. 19, 1975

Order/Opinion

Resources

Docket

Last updated Aug. 15, 2022, 3:14 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Iowa

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Aug. 23, 1973

Closing Date: Nov. 19, 1975

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A prisoner in the Iowa state penitentiary allegedly that he had been subjected to a deprivation of constitutional rights under color of state law due to the facts and conditions surrounding his confinement in administrative segregation

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Iowa State Penitentiary (Fort Madison, Iowa), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Availably Documents:

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1974 - None

Issues

General:

Administrative segregation

Classification / placement

Disciplinary procedures

Disciplinary segregation

Discrimination-area:

Discipline

Type of Facility:

Government-run