Case: Clark v. Brewer

4:76-cv-80054 | U.S. District Court for the Southern District of Iowa

Filed Date: Feb. 12, 1976

Closed Date: June 14, 2000

Clearinghouse coding complete

Case Summary

On Feb. 12, 1976, an inmate at the Iowa State Penitentiary filed a lawsuit under 42 USC 1983 against prison officials in the U.S. District Court for the Southern District of Iowa, Central Division. The inmate, represented by the Prisoners Assistance Clinic, challenged the constitutional validity of the "close management policy" (the procedural method of determining whether a prisoner should remain in administrative solid lockup) adopted by the prison. The District Court (Judge William Stuart) …

On Feb. 12, 1976, an inmate at the Iowa State Penitentiary filed a lawsuit under 42 USC 1983 against prison officials in the U.S. District Court for the Southern District of Iowa, Central Division. The inmate, represented by the Prisoners Assistance Clinic, challenged the constitutional validity of the "close management policy" (the procedural method of determining whether a prisoner should remain in administrative solid lockup) adopted by the prison.

The District Court (Judge William Stuart) held that the system for review of inmates in administrative solid lockup needed revision and ordered the prison to submit guidelines for determining in a rational manner whether an inmate should be retained in administrative solid lockup. But, as the parties neared agreement on the necessary revisions, the United States Supreme Court decided Herwitt v. Helms, 459 U.S. 450 (1983). The defendants, believing Herwitt changed the relevant law, reraised several issues in the District Court. The District Court held that close management inmates were entitled to frequent review hearings, that inmates were entitled to written notice of impending review hearings, and that inmates had a right to call witnesses at close management review hearings. Clark v. Brewer, 578 F.Supp. 1501 (S.D. Iowa 1983). The order was subsequently modified on February 14, 1984. Clark v. Nix, 578 F.Supp. 1515 (S.D. Iowa 1984).

The defendants appealed and the plaintiff cross appealed. The Court of Appeals for the Eighth Circuit (Judge George G. Fagg) affirmed in part and reversed in part. The U.S. Court of Appeals held that reclassification hearings did not need to be as frequent as the District Court's order required, that inmates would not presumptively be allowed to call witnesses for these hearings, and that inmates need not be informed of criteria that would guarantee their release from close management. Otherwise, the order was affirmed. Clark v. Brewer, 776 F.2d 226 (8th Cir. 1985).

The docket for this case begins when the case was reopened in September 1991, apparently on a contempt motion and a request for relief by the plaintiffs. At this point, several other inmates were allowed to intervene, though it does not appear that the court certified a class of plaintiffs. According to the docket, one plaintiff moved for a temporary restraining order and preliminary injunction on November 21, 1991, but the District Court (Judge Charles R. Wolle) denied the motions on December 23, 1991 and, oddly, again in March 1992. In October 1992, the plaintiffs moved for disbursement and were granted $603.75. On April 5, 1993, the District Court ordered the case to be closed as there were no remaining issues to be decided.

Nonetheless, according to the docket, the plaintiffs moved four years later, on December 23, 1997, for appointment of counsel and for an order to show cause why the parties were not in contempt of the prior order. On December 30, 1997, the court ordered respondents to show cause why they should not be held in contempt. Upon defendant's opposition to the motion for order to show cause, the District Court granted plaintiffs' motion for appointed counsel. However, the plaintiffs' request for relief was ultimately denied without prejudice. This is odd, but no addition information is available. Plaintiffs moved for reimbursement of out of pocket expenses and on June 14, 2000 were granted $163.10 and the case was administratively closed.

Summary Authors

Rebekah Henn Sullivan (8/11/2005)

People


Judge(s)

Arnold, Richard Sheppard (Arkansas)

Bowman, Pasco Middleton II (Missouri)

Fagg, George Gardner (Iowa)

Stuart, William Corwin (Iowa)

Wolle, Charles Robert (Iowa)

Attorneys(s) for Plaintiff

Hunacek, Mark (Iowa)

Lipman, Jeffrey M (Iowa)

Mears, Philip B. (Iowa)

Attorneys(s) for Defendant

Allen, Gordon E. (Iowa)

Getspudas, Mary (Iowa)

Judge(s)

Arnold, Richard Sheppard (Arkansas)

Bowman, Pasco Middleton II (Missouri)

Fagg, George Gardner (Iowa)

Stuart, William Corwin (Iowa)

Wolle, Charles Robert (Iowa)

Attorneys(s) for Plaintiff

Hunacek, Mark (Iowa)

Lipman, Jeffrey M (Iowa)

Mears, Philip B. (Iowa)

Attorneys(s) for Defendant

Allen, Gordon E. (Iowa)

Getspudas, Mary (Iowa)

Hulting, Patricia M (Iowa)

Lindebak, Layne M. (Iowa)

Miller, Thomas J. (Iowa)

Schwartz, Barbara A. (Iowa)

Documents in the Clearinghouse

Document

Docket (PACER)

June 14, 2005 Docket

Ruling and Order

578 F.Supp. 1501

Dec. 19, 1983 Order/Opinion

Modification Order

Clark v. Nix

578 F.Supp. 1515

Feb. 14, 1984 Order/Opinion

Reported Opinion

U. S. Court of Appeals for the Eighth Circuit

776 F.2d 226

Oct. 30, 1985 Order/Opinion

Docket

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

ECF Number Description Date Link
304

ORDER by Magistrate Judge Celeste F. Bremer granting motion for reimbursement of out of pocket expenses; The Clerk shall issue payment in the amount of $163.10 from the Library Fund to Philip Mears for expenses [303-1] (cc: all counsel) (jj) (Entered: 06/14/2000)

June 14, 2000
303

MOTION by plaintiff Edward Clark, plaintiff Steven Ray Wycoff, plaintiff Jeff Winters for reimbursement of out of pocket expenses before Magistrate Judge Celeste F. Bremer (dr) (Entered: 06/09/2000)

June 9, 2000
302

JUDGMENT: signed by D. Ryan, Deputy Clerk; movants/successor plaintiffs' request for relief is denied without prejudice; this case is administratively closed; re [301-2] order (cc: all counsel) OJ 268-30 (dr) (Entered: 08/05/1998)

Aug. 5, 1998
301

ORDER by Chief Judge Charles R. Wolle: motion for rule to show cause is denied; movants' request for relief is dismissed without prejudice; motion for contempt is denied; movants/successor plaintiffs' request for relief is denied without prejudice and this action is administratively closed dismissing case [0-0] (cc: all counsel) (dr) Modified on 08/10/1998 (Entered: 08/05/1998)

Aug. 4, 1998
300

CLERK'S COURT MINUTES: courtroom clerk: Rowena Young, Law Clerk; court reporter: Julie McCurnin; ; Telephone Hrg re government's motion to dismiss held 5/22/98 ; Order to follow (dr) (Entered: 05/22/1998)

May 22, 1998
299

SUBMISSION OF DOCUMENTS OUT OF ORIGINAL CLARK FILE (NOTICE) by movant Steven Ray Wycoff, movant Jeff Winters [THESE ARE NOT STATE COURT DOCUMENTS] (dr) (Entered: 05/21/1998)

May 21, 1998
298

RESISTANCE by movant Steven Ray Wycoff, movant Jeff Winters to motion to dismiss (no pending to dismiss on ICMS) (dr) (Entered: 05/21/1998)

May 21, 1998

REMARK - Order filed 5/7/98 (filing #297) mailed this date to Layne Lindebak and Phil Mears (dr) (Entered: 05/07/1998)

May 7, 1998
297

ORDER by Chief Judge Charles R. Wolle granting motion to continue hearing [294-1] ; Telephone Hearing rescheduled for 5/22/98 @ 12 noon ; court will place conference call to counsel at their telephone numbers of record (cc: all counsel) (dr) (Entered: 05/07/1998)

May 7, 1998
296

CLERK'S COURT MINUTES: courtroom clerk: Rowena Young, Law Clerk; court reporter: None; re motion to continue hearing before Chief Judge Charles R. Wolle [294-1] ; hearing held at 8:30 on 5/7/98; granting motion to continue hearing [294-1] ; Telephone Hrg rescheduled for 5/22/98 @ 12 noon (dr) (Entered: 05/07/1998)

May 7, 1998

REMARK - copy of order dated 5/5/98 (filing #295) mailed and faxed to Layne Lindebak and Phil Mears this date (dr) (Entered: 05/05/1998)

May 5, 1998
295

ORDER by Chief Judge Charles R. Wolle setting hearing on motion to continue hearing [294-1] at 8:30 a.m. on 5/7/98; court will place call to counsel at their telephone numbers of record (cc: all counsel) (dr) (Entered: 05/05/1998)

May 5, 1998
294

MOTION by plaintiff Steven Ray Wycoff, plaintiff Jeff Winters to continue hearing before Chief Judge Charles R. Wolle (dr) (Entered: 05/05/1998)

May 5, 1998
293

CLERK'S COURT MINUTES: courtroom clerk: Rowena Young, Law Clerk; court reporter: Terri Martin; ; Telephone Hrg held 4/3/98 , ; Oral hearing by telephone scheduled on 5/8/98 @ 8:00 a.m. ; parties have 30 days to submit briefs and documents on matter (dr) (Entered: 04/06/1998)

April 3, 1998

EXHIBITS [278-1] located with file in one brown expand folder (dr) (Entered: 02/18/1998)

Feb. 18, 1998
291

AFFIDAVIT of Steven R. Wycoff [278-1] regarding motion for rule to show cause before Chief Judge Charles R. Wolle (dr) (Entered: 02/18/1998)

Feb. 18, 1998
290

MEMORANDUM by plaintiff Jeff Winters in support [278-1] of motion for rule to show cause before Chief Judge Charles R. Wolle (dr) (Entered: 02/18/1998)

Feb. 18, 1998
289

RESPONSE by movants [284-1] re: resistance to motion for order to show cause (dr) (Entered: 02/17/1998)

Feb. 17, 1998
288

ORDER by Chief Judge Charles R. Wolle ; Telephone Hearing held 2/11/98 ; counsel for parties indicated there wre procedural issues that had not yet been resolved; by not later than 3/31/98 counsel for pltf shall review court files and obtain copies of any necessary documents ; Telephone Hearing scheduled 4/3/98 @ 8:30 a.m. (cc: all counsel) (dr) (Entered: 02/12/1998)

Feb. 11, 1998
286

ORDER by Chief Judge Charles R. Wolle ; Status and scheduling hearing rescheduled ; status and scheduling conference will instead be held by telephone conference call (hearing) scheduled for 2/11/98 @ 3:00 p.m. ; court will place call to counsel for parties (cc: all counsel) (dr) (Entered: 02/11/1998)

Feb. 10, 1998
287

MOTION by plaintiff Steven Ray Wycoff for appointment of counsel before Chief Judge Charles R. Wolle (dr) (Entered: 02/11/1998)

Feb. 9, 1998

REMARK - Order of 02/09/98 mailed to Steven Wycoff and Jeff Winters at Fort Madison; Phil Mears, Layne Lindebak on 02/09/98 (dr) (Entered: 02/10/1998)

Feb. 9, 1998
285

ORDER by Chief Judge Charles R. Wolle granting motion for telephonic conference (hearing) [283-1], granting motion for appointment of counsel [279-1] ; Status and scheduling conference (hearing) on 2/13/98 @ 1:30 p.m. by telephone conference call court will place to dfts' counsel and newly appointed counsel for movants; during hearing court will schedule hearing on pretrial motions and determine when trial should be held if required (cc: all counsel) (dr) (Entered: 02/09/1998)

Feb. 9, 1998
284

RESISTANCE by defendants to motion for order to show cause (dr) (Entered: 02/02/1998)

Feb. 2, 1998
283

MOTION by successor plaintiffs Steven Ray Wycoff and Jeff Winters for telephonic conference (hearing) before Chief Judge Charles R. Wolle (dr) (Entered: 01/15/1998)

Jan. 15, 1998
282

MEMORANDUM by successor plaintiffs Steven Ray Wycoff and Jeff Winters in support [279-1] of motion for appointment of counsel before Chief Judge Charles R. Wolle (dr) (Entered: 01/15/1998)

Jan. 15, 1998
281

DEMAND FOR JURY TRIAL by successor plaintiffs Steven Ray Wycoff and Jeff Winters (dr) (Entered: 01/15/1998)

Jan. 15, 1998

REMARK- copy of Order of 12/30/97 (filing #280) mailed to Gordon Allen and Layne Lindebak (Attorney General of Iowa); Jeffrey Lipman; Steven R. Wycoff and Jeff Winters (ISP-Fort Madison) this date (dr) (Entered: 12/31/1997)

Dec. 31, 1997
280

ORDER by Chief Judge Charles R. Wolle denying motion for order to show cause [278-1]; as to movants' allegations that respondents are failing to follow Clark's requirements, motion is granted; on or before 1/30/98 respondents may file brief and other papers showing cause why they should not be held in contempt of court's order in Clark; court reserves ruling on movants' motion for appointment of counsel pending reeipt of respondents' response by 1/30/98 (cc: all counsel) (dr) (Entered: 12/31/1997)

Dec. 30, 1997
279

MOTION by plaintiffs for appointment of counsel before Chief Judge Charles R. Wolle (dr) (Entered: 12/24/1997)

Dec. 23, 1997
278

MOTION by plaintiffs for rule to show cause before Chief Judge Charles R. Wolle (dr) (Entered: 12/24/1997)

Dec. 23, 1997
277

ORDER by Chief Judge Charles R. Wolle - per order entered 9/18/92, pla. filed separate cmp. (4:92-80890), therefore there remain no issues to be decided in this case. This case is closed effective from 12/21/92. terminating case 214-OJ-88 (cc: all counsel) (rh) Modified on 04/05/1993 (Entered: 04/05/1993)

April 5, 1993
276

ORDER by Magistrate Celeste F. Bremer granting motion to extend time for proposed findings of fact, etc.. until 2/15/93 for plaintiffs. [275-1] (cc: all counsel) (rh) (Entered: 02/01/1993)

Feb. 1, 1993
275

MOTION by plaintiff to extend time for proposed findings of fact, etc.. before Magistrate Celeste F. Bremer (rh) (Entered: 01/28/1993)

Jan. 28, 1993
274

ORDER by Chief Judge Charles R. Wolle ; Trial 12/28/92 @ 1:00 @ ISP (cc: all counsel) (rh) (Entered: 12/16/1992)

Dec. 16, 1992

------------------------------------------------- ------------VOLUME 6------------ ----------------- ------------------------------------------------- (rh) Modified on 10/09/1992 (Entered: 10/09/1992)

Oct. 9, 1992
273

ORDER by Magistrate Celeste F. Bremer granting motion for disbursement, [272-1], Clk. to reimburse J. Lipman in the amt. of $603.75 from the Atty. Admiss. Fund. (cc: all counsel, finan. dep) (rh) (Entered: 10/07/1992)

Oct. 7, 1992
272

MOTION by plaintiff for disbursement before Magistrate Celeste F. Bremer (rh) (Entered: 10/05/1992)

Oct. 5, 1992
271

ORDER by Chief Judge Charles R. Wolle ; Status Conference held - Pls. shall file a separate 1983 action by 10/2/92; Further proceedings in this case will be terminated at that thime; Def. to ans. by 10/22/92; (see for other specifics) (cc: all counsel) (rh) (Entered: 09/18/1992)

Sept. 18, 1992
270

ORDER by Chief Judge Charles R. Wolle ; Trial continued FPT Conf. is same, with ct. placing call (cc: all counsel) (rh) (Entered: 09/01/1992)

Sept. 1, 1992
269

ORDER by Chief Judge Charles R. Wolle ; Trial 9/25/92 @ 9:00 in Ft. Madison ; final pretrial conf 9/18/92 @ 8:00 by phone (cc: all counsel) (rh) (Entered: 07/28/1992)

July 28, 1992
268

STATUS REPORT by intervenor-plaintiff Ronald A Mahers (rh) (Entered: 07/17/1992)

July 17, 1992
267

REPORT by plaintiff, intervenor-plaintiff, plaintiff (rh) (Entered: 06/08/1992)

June 8, 1992
266

Joint STATUS REPORT by parties (lc) (Entered: 04/29/1992)

April 29, 1992
265

ORDER by Honorable Charles R. Wolle denying motion for temporary restraining order before Honorable Charles R. Wolle [254-1], denying motion for preliminary injunction before Honorable Charles R. Wolle [253-1] If Pla. desire to pursue request; they shall file amd. application for order to show cause by 4/27/92 ; Status report ddl 4/27/92 both parties (cc: all counsel) (rh) (Entered: 03/30/1992)

March 30, 1992
264

OBJECTIONS by plaintiff to motion response [261-1] (rh) (Entered: 03/18/1992)

March 18, 1992
263

OBJECTIONS by plaintiff Steven Ray Wycoff to motion response [261- 1] (rh) (Entered: 03/16/1992)

March 16, 1992
262

AFFIDAVIT of Tyrone Davis & Danny Rankins (gk) (Entered: 01/08/1992)

Jan. 8, 1992
261

RESISTANCE TO PRELIMINARY INJUNCTION by defendant (rh) (Entered: 01/03/1992)

Dec. 31, 1991
260

SUPPLEMENT TO RESISTANCE TO PRELIMINARY INJUNCITON by defendant (rh) (Entered: 12/31/1991)

Dec. 30, 1991
259

ORDER by Honorable Charles R. Wolle denying motion for temporary restraining order before Honorable Charles R. Wolle [254-1] denying motion for preliminary injunction before Honorable Charles R. Wolle [253-1] granting motion to intervene by Ruble, Brown, and Harper before Honorable Charles R. Wolle [251-1] adding intervenor-plaintiff Fred Ruble, Gary Brown, Session Harper (cc: all counsel) (rh) (Entered: 12/24/1991)

Dec. 23, 1991
258

STATUS REPORT by plaintiff (gk) (Entered: 12/09/1991)

Dec. 2, 1991
257

ORDER by Honorable Charles R. Wolle granting motion to intervene by Steven Ray Wycoff before Honorable Charles R. Wolle [250-1] appointment of J. Lipman as counsel (cc: all counsel) (gk) (Entered: 11/26/1991)

Nov. 26, 1991
255

AFFIDAVIT of Steven Ray Wycoff regarding motion for preliminary injunction before Honorable Charles R. Wolle [253-1] (gk) (Entered: 11/21/1991)

Nov. 21, 1991
254

MOTION by plaintiff Steven Ray Wycoff for temporary restraining order before Honorable Charles R. Wolle (gk) (Entered: 11/21/1991)

Nov. 21, 1991
253

MOTION by plaintiff Steven Ray Wycoff for preliminary injunction before Honorable Charles R. Wolle (gk) (Entered: 11/21/1991)

Nov. 21, 1991
252

ATTORNEY APPEARANCE for plaintiff Raymond McKettrick, plaintiff Donald Saffell, plaintiff Danny Rankins, plaintiff Tyrone Davis by Jeffrey M. Lipman (gk) (Entered: 11/21/1991)

Nov. 15, 1991
251

MOTION to intervene by Ruble, Brown, and Harper before Honorable Charles R. Wolle (gk) (Entered: 11/12/1991)

Nov. 6, 1991
250

MOTION to intervene by Steven Ray Wycoff before Honorable Charles R. Wolle (gk) (Entered: 10/18/1991)

Oct. 18, 1991
249

ORDER by Honorable Charles R. Wolle granting motion to intervene by Ronald A. Mehers before Honorable Charles R. Wolle [248-1] Ronald A. Mehers added as Plaintiff Seeking Relief (cc: all counsel) (gk) (Entered: 10/18/1991)

Oct. 17, 1991
248

MOTION to intervene by Ronald A. Mehers before Honorable Charles R. Wolle (gk) (Entered: 10/11/1991)

Oct. 11, 1991
247

CLERK'S COURT MINUTES: courtroom clerk: Sandee Lyons, Law Clerk; court reporter: Kelli Mulcahy; (gk) (Entered: 10/01/1991)

Sept. 30, 1991
246

ORDER by Honorable Charles R. Wolle pretrial scheduling hearing held 9/27/91; motion for jailhouse lawyer Denied; Pla's Rankins and Davis are Granted Permission to Intervene; motion for appoint of Jeffrey Lipman as counsel Granted; The court will not enter further scheduling orders until Mr. Lipman has entered his appearance and has had and opportunity to acquaint himself with pla's claims. (cc: all counsel) (gk) (Entered: 10/01/1991)

Sept. 30, 1991
245

RESISTANCE TO APPOINT JAILHOUSE LAWYER by defendant (rh) (Entered: 09/25/1991)

Sept. 25, 1991
244

ORDER by Honorable Charles R. Wolle pretrial conf. reset for 1:00pm 9/27/91 (cc: all counsel) (gk) (Entered: 09/24/1991)

Sept. 20, 1991
243

ORDER by Honorable Charles R. Wolle Case reopened , Case consolidated 4:76-cv-80054 with member cases 4:91-cv-80537 , ; final pretrial conf before Judge Wolle set for 9/27/91 @ 1:00pm (cc: all counsel) (gk) (Entered: 09/24/1991)

Sept. 17, 1991

-----------------VOLUME 5----------------------------- -----------------

Sept. 29, 1987

State / Territory: Iowa

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Feb. 12, 1976

Closing Date: June 14, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate challenging as unconstitutional his continued segregation in close management status

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Iowa State Penitentiary, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1983 - 1998

Content of Injunction:

Preliminary relief denied

Issues

General:

Administrative segregation

Disciplinary procedures

Affected Gender:

Male

Type of Facility:

Government-run