Case: Patchette v. Nix

4:90-cv-80230 | U.S. District Court for the Southern District of Iowa

Filed Date: April 1, 1990

Closed Date: 1991

Clearinghouse coding complete

Case Summary

On October 11, 1989, prisoners from the Iowa State Penitentiary in Fort Madison, Iowa filed a lawsuit under 42 U.S.C. 1983 against the Iowa State Penitentiary's Warden and the Director of the Iowa Department of Corrections in the United States District Court for the Southern District of Iowa. The plaintiffs, represented by court-appointed counsel, alleged that prison overcrowding produced conditions that made incarceration cruel and unusual punishment and that new visitation policies and pract…

On October 11, 1989, prisoners from the Iowa State Penitentiary in Fort Madison, Iowa filed a lawsuit under 42 U.S.C. 1983 against the Iowa State Penitentiary's Warden and the Director of the Iowa Department of Corrections in the United States District Court for the Southern District of Iowa. The plaintiffs, represented by court-appointed counsel, alleged that prison overcrowding produced conditions that made incarceration cruel and unusual punishment and that new visitation policies and practices violated the inmates' liberty interest in visitation.

The United States District Court for the Southern District of Iowa (Judge Charles R. Wolle) refused the plaintiff's request for a Temporary Restraining Order on October 11, 1989. On April 24, 1990, the court held that the change in visitation hours violated due process by limiting rather than applying inmates' rights, but declined to conclude that overcrowded conditions violated the Eighth Amendment. Both parties appealed.

On November 29, 1991, the United States Court of Appeals for the Eighth Circuit (Judge Howard F. Sachs) affirmed the lower court's ruling. Pachette v. Nix, 952 F.2d 158 (8th Cir. 1991). The Eighth Circuit held that the Iowa Administrative Code 21.5(1) created a liberty interest in visitation by mandating specific visiting hours, which the prison violated by reducing visitation hours to cope with volitional overcrowding. In addition, the court found that there was insufficient evidence to show that overcrowding endangered prison security or led to inadequate food, medical care, and sanitation. The court noted that a 50% shortage of toilets might be considered cruel and unusual punishment if corrective action was not already planned.

We do not have the pleadings or any information on subsequent proceedings.

Summary Authors

Elizabeth Chilcoat (6/1/2006)

People


Judge(s)

Bowman, Pasco Middleton II (Missouri)

Gibson, John R. (Missouri)

Sachs, Howard Frederic (Missouri)

Wolle, Charles Robert (Iowa)

Attorneys(s) for Defendant

Achen, Susan M. (Iowa)

Allen, Gordon E. (Iowa)

Hill, William A. (Iowa)

Lindebak, Layne M. (Iowa)

Mears, Philip B. (Iowa)

Judge(s)

Bowman, Pasco Middleton II (Missouri)

Gibson, John R. (Missouri)

Sachs, Howard Frederic (Missouri)

Wolle, Charles Robert (Iowa)

Attorneys(s) for Defendant

Achen, Susan M. (Iowa)

Allen, Gordon E. (Iowa)

Hill, William A. (Iowa)

Lindebak, Layne M. (Iowa)

Mears, Philip B. (Iowa)

Documents in the Clearinghouse

Document

Docket (PACER)

April 27, 1992 Docket

Docket (PACER)

June 1, 1993 Docket

Reported Opinion

U. S. Court of Appeals for the Eighth Circuit

952 F.2d 158, 1991 U.S.App.LEXIS 28153

Nov. 29, 1991 Order/Opinion

Docket

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

ECF Number Description Date Link
78

COPY of Appellate Court Order: 50% of the transcript cost be assessed against defendants. (gk) (Entered: 06/01/1993)

June 1, 1993
77

MANDATE from Circuit Court of Appeals affirming the decision of the District Court [74-1] affirming the decision of the District Court [73-1] (sm) (Entered: 01/15/1992)

Jan. 15, 1992

REMARK - 5 volumes of transcripts returned. (sm) (Entered: 01/15/1992)

Jan. 15, 1992

REMARK - Courtesy copy of Opinion affirmining district court's decision. (sm) (Entered: 12/03/1991)

Dec. 2, 1991
76

NOTIFICATION by Circuit Court of Appellate Docket Number 90- 1853SIDM (sm) (Entered: 11/20/1991)

Nov. 20, 1991
75

NOTIFICATION by Circuit Court of Appellate Docket Number 90- 1868SI (sm) (Entered: 11/20/1991)

Nov. 20, 1991
74

NOTICE OF APPEAL by defendant Crispus C. Nix, defendant Paul W Grossheim of final order dated 5/16/90 from Dist. Court decision [61-1] (cc: all counsel) (sm) (Entered: 11/15/1991)

May 23, 1990
73

NOTICE OF APPEAL by plaintiff William Leroy Patchette, plaintiff Wayne Pickerell, plaintiff Frank Longstreet, plaintiff Don Steel, plaintiff Steve Kick, plaintiff Richard Taylor from Dist. Court decision [61-1] (cc: all counsel) (sm) (Entered: 11/15/1991)

May 22, 1990
61

FINDINGS OF FACT AND CONCLUSIONS OF LAW: AND DECREE DISMISSING IN PART GRANTING INJUNCTIVE RELIEF by Honorable Charles R. Wolle (cc: all counsel) OJ (sm) (Entered: 11/15/1991)

April 24, 1990

TRANSCRIPT filed of Hrng. held 11/17/89 @ ISP (rh) (Entered: 05/23/1996)

Feb. 13, 1990
20

ANSWER by defendant Crispus C. Nix, defendant Paul W Grossheim re: complaint [2-1] (sm) (Entered: 11/15/1991)

Dec. 5, 1989
7

INITIAL REVIEW ORDER by Honorable Charles R. Wolle granting motion to proceed in forma pauperis before Honorable Charles R. Wolle [3-1] Request for TRO denied (cc: all counsel) (sm) (Entered: 11/15/1991)

Oct. 26, 1989
3

MOTION by plaintiff William Leroy Patchette, plaintiff Wayne Pickerell, plaintiff Frank Longstreet, plaintiff Don Steel, plaintiff Steve Kick, plaintiff Richard Taylor to proceed in forma pauperis before Honorable Charles R. Wolle (sm) (Entered: 11/15/1991)

Oct. 11, 1989
2

COMPLAINT (Summons(es) issued) (sm) (Entered: 11/15/1991)

Oct. 11, 1989
1

ORDER DENYING T.R.O. Complaint and order to be filed for purposed of making a record; complaint will come before court for initial review in due order. by Honorable Charles R. Wolle (cc: all counsel) (sm) (Entered: 11/15/1991)

Oct. 11, 1989

State / Territory: Iowa

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 1, 1990

Closing Date: 1991

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners contending that they had liberty interest in existing visitation regulations and that changing those regulations and overcrowding prison conditions violated their constitutional rights

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Iowa Department of Corrections, State

Iowa State Penitentiary, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

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: 1990 - None

Issues

General:

Food service / nutrition / hydration

Sanitation / living conditions

Visiting

Type of Facility:

Government-run