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

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

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

Docket

Last updated May 13, 2023, 3:01 a.m.

ECF Number Description Date Link Date / Link
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

Oct. 11, 1989

2

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

Oct. 11, 1989

Oct. 11, 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

Oct. 11, 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

Oct. 26, 1989

20

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

Dec. 5, 1989

Dec. 5, 1989

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

Feb. 13, 1990

Feb. 13, 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

April 24, 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

May 22, 1990

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

May 23, 1990

75

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

Nov. 20, 1991

Nov. 20, 1991

76

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

Nov. 20, 1991

Nov. 20, 1991

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

Dec. 2, 1991

Dec. 2, 1991

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

Jan. 15, 1992

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

Jan. 15, 1992

Jan. 15, 1992

78

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

June 1, 1993

June 1, 1993

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

Iowa Department of Corrections, State

Iowa State Penitentiary, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Available 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:

Conditions of confinement

Food service / nutrition / hydration

Sanitation / living conditions

Visiting

Type of Facility:

Government-run