Case: Patchette v. Nix

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

Filed Date: April 24, 1990

Closed Date: 1991

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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…

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

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9442803/parties/patchette-v-nix/

Judge(s)

Bowman, Pasco Middleton II (Missouri)

Gibson, John R. (Missouri)

Attorney for Defendant

Achen, Susan M. (Iowa)

Allen, Gordon E. (Iowa)

Hill, William A. (Iowa)

Judge(s)

Bowman, Pasco Middleton II (Missouri)

Gibson, John R. (Missouri)

Sachs, Howard Frederic (Missouri)

Wolle, Charles Robert (Iowa)

Attorney for Defendant

Achen, Susan M. (Iowa)

Allen, Gordon E. (Iowa)

Hill, William A. (Iowa)

Lindebak, Layne M. (Iowa)

Mears, Philip B. (Iowa)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

4:90-cv-80230	Docket (PACER)	April 27, 1992	April 27, 1992 Docket
4:89-cv-80656	Docket (PACER)	June 1, 1993	June 1, 1993 Docket
90-01853 90-01868	Reported Opinion U.S. Court of Appeals for the Eighth Circuit	Nov. 29, 1991	Nov. 29, 1991 Order/Opinion 952 F.2d 158

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/9442803/patchette-v-nix/

Last updated Nov. 3, 2026, 7:52 a.m.

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Docket for: Patchette v. Nix

ECF Number	Date	Description	Link
3	Oct. 11, 1989	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)	PACER
7	Oct. 26, 1989	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)	PACER
20	Dec. 5, 1989	ANSWER by defendant Crispus C. Nix, defendant Paul W Grossheim re: complaint [2-1] (sm) (Entered: 11/15/1991)	PACER
	Feb. 13, 1990	TRANSCRIPT filed of Hrng. held 11/17/89 @ ISP (rh) (Entered: 05/23/1996)	PACER
1	April 24, 1990	INITIAL REVIEW ORDER by Honorable Charles R. Wolle; permission to proceed in forma pauperis granted; service of process to issue; motion for appointment of counsel denied. (cc: all counsel) (sd) (Entered: 02/27/1991)	RECAP
2	April 24, 1990	COMPLAINT (sd) (Entered: 02/27/1991)	RECAP
61	April 24, 1990	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)	PACER
8	May 17, 1990	ANSWER by defendant Crispus C. Nix, defendant Paul Grossheim, defendant Paul Hedgepeth re: complaint [2-1] (sd) (Entered: 02/27/1991)	RECAP
73	May 22, 1990	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)	PACER
74	May 23, 1990	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)	PACER
29	July 30, 1990	CLERK'S COURT MINUTES: on hearing on preliminary injunction held 7/26/90 at Fort Madison. courtroom clerk: none; court reporter: none; (sd) (Entered: 02/27/1991)	RECAP
31	Aug. 3, 1990	AMENDED and substituted petition [2-1] by plaintiff (sd) (Entered: 02/27/1991)	RECAP
34	Sept. 26, 1990	ANSWER by defendant re: complaint [31-1] (sd) (Entered: 02/27/1991)	RECAP
36	Feb. 27, 1991	ORDER by Honorable Charles R. Wolle ; Status report ddl 3/27/91 (cc: all counsel) (sd) (Entered: 02/27/1991)	RECAP
37	March 28, 1991	STATUS REPORT by defendant Crispus C. Nix, defendant Paul Grossheim, defendant Paul Hedgepeth (sd) (Entered: 04/01/1991)	RECAP
38	April 3, 1991	ORDER by Honorable Charles R. Wolle ; Trial 2:00 p.m. 5/29/91 at Ft. Madison before Judge Wolle (cc: all counsel) (sd) (Entered: 04/03/1991)	RECAP
39	April 19, 1991	ORDER by Honorable Charles R. Wolle ; Trial continued, ; Status report ddl 4/29/91 setting forth the expected length of trial, the witnesses, and the dates the parties will be available for trial (cc: all counsel) (sd) (Entered: 04/22/1991)	RECAP
40	April 24, 1991	STATUS REPORT by defendant Paul Hedgepeth, defendant Paul Grossheim, defendant Crispus C. Nix (sd) (Entered: 04/25/1991)	RECAP
41	April 29, 1991	NOTICE by plaintiff Jeffery S Riggen of change of address (sd) (Entered: 04/29/1991)	RECAP
42	June 4, 1991	NOTICE by plaintiff William Leroy Patchette of change of address with statement of case and witness list (sd) (Entered: 06/05/1991)	RECAP
43	June 14, 1991	ORDER by Honorable Charles R. Wolle ; Trial Ft. Madison on 7/19/91 at 3:00 (cc: all counsel) (sd) (Entered: 06/14/1991)	RECAP
44	July 22, 1991	ORDER by Honorable Charles R. Wolle ; Brief ddl 7/29/91 for post-trial briefs, ; Trial held 7/19/91 (cc: all counsel) (sd) (Entered: 07/23/1991)	RECAP
45	July 30, 1991	POST TRIAL briefs submitted by defendant Paul Hedgepeth, defendant Paul Grossheim, defendant Crispus C. Nix (sm) (Entered: 07/30/1991)	RECAP
46	July 30, 1991	MOTION by plaintiff Brian S Eckley, plaintiff James D Hester, plaintiff Jeffery S Riggen, plaintiff Johnny P Briones, plaintiff William Leroy Patchette to extend to file a post-trial brief before Honorable Charles R. Wolle (sm) (Entered: 07/30/1991)	RECAP
47	July 31, 1991	ORDER by Honorable Charles R. Wolle granting motion to extend to file a post-trial brief to and including 8/14/91 [46-1] (cc: all counsel) (sd) (Entered: 08/01/1991)	RECAP
48	Aug. 15, 1991	BRIEF FILED by plaintiff (gk) (Entered: 08/15/1991)	RECAP
49	Sept. 11, 1991	FINDINGS OF FACT AND CONCLUSIONS OF LAW: by Honorable Charles R. Wolle re [2-1], re [31-1] (cc: all counsel) OJ 199-86 (gk) (Entered: 09/13/1991)	RECAP
50	Sept. 11, 1991	JUDGMENT: The plaintiffs have not proved by a preponderance of the evidence that they are entitled to any relief form the defendants. Judgment is in favor of the defendants and against the plaintiffs. This action is dismissed with prejudice. signed by G.kampling, Deputy Clerk re [49-1] dismissing case (cc: all counsel) OJ 199-50 (gk) (Entered: 09/13/1991)	RECAP
75	Nov. 20, 1991	NOTIFICATION by Circuit Court of Appellate Docket Number 90- 1868SI (sm) (Entered: 11/20/1991)	PACER
76	Nov. 20, 1991	NOTIFICATION by Circuit Court of Appellate Docket Number 90- 1853SIDM (sm) (Entered: 11/20/1991)	PACER
	Dec. 2, 1991	REMARK - Courtesy copy of Opinion affirmining district court's decision. (sm) (Entered: 12/03/1991)	PACER
77	Jan. 15, 1992	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)	PACER
	Jan. 15, 1992	REMARK - 5 volumes of transcripts returned. (sm) (Entered: 01/15/1992)	PACER
	April 27, 1992	REMARK -- after the proper notification and time passed, the exhibits in this case have been disposed. (rh)
78	June 1, 1993	COPY of Appellate Court Order: 50% of the transcript cost be assessed against defendants. (gk) (Entered: 06/01/1993)	PACER

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Case Details

State / Territory:

Iowa

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 24, 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

State

Iowa Department of Corrections

Iowa State Penitentiary

Facility Type(s):

Government-run