Case: Bear v. Kautzky

4:01-cv-40456 | U.S. District Court for the Southern District of Iowa

Filed Date: July 27, 2001

Closed Date: Jan. 25, 2006

Clearinghouse coding complete

Case Summary

Four inmates at the Iowa State Penitentiary in Fort Madison, Iowa filed a lawsuit on July 27, 2001 under 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of Iowa, challenging a policy that banned prisoners' communications with other prisoners who served as jail-house lawyers. Plaintiffs alleged that this policy violated their First Amendment right to freedom of expression and their Fifth, Sixth, and Fourteenth Amendment rights to be free from retaliation. Plaintiffs sought …

Four inmates at the Iowa State Penitentiary in Fort Madison, Iowa filed a lawsuit on July 27, 2001 under 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of Iowa, challenging a policy that banned prisoners' communications with other prisoners who served as jail-house lawyers. Plaintiffs alleged that this policy violated their First Amendment right to freedom of expression and their Fifth, Sixth, and Fourteenth Amendment rights to be free from retaliation. Plaintiffs sought damages, injunctive relief, and fees. In September 2001, the case was consolidated with Overton v. Galloway, PC-IA-xxx, a case filed in April 2001 addressing similar concerns. The District Court (Judge Charles R. Wolle) issued a preliminary injunction enjoining enforcement of the policy.

The officials appealed the preliminary injunction. The Court of Appeals for the Eighth Circuit (Judge James B. Loken) affirmed the preliminary injunction. Bear v. Kautzky, 305 F.3d 802 (8th Cir. 2002).

Defendants' Motion for Summary Judgment was granted in Overton on October 8, 2003, dismissing all remaining claims in Overton. Once closed, the district court severed Overton from Bear.

The Bear litigation continued at the district court. The court appointed United States Magistrate Judge Celeste F. Bremer for review of the record, evidentiary hearings, oral arguments, and recommendations regarding the disposition of the case to Judge James E. Gritzner. Defendants filed for Summary Judgment, and the court granted the motion against Plaintiff Bear on June 20, 2005. With Bear terminated from the case, plaintiff Stringer became the named plaintiff. On January 25, 2006, the court granted summary judgments against Plaintiffs Stringer and McBride, dismissing the case without prejudice for failure to exhaust administrative remedies under 42 U.S.C. § 1997e(a), since they had not filed a formalized grievance to the Iowa State Penitentiary.

Summary Authors

David Terry (2/27/2006)

People


Judge(s)

Arnold, Richard Sheppard (Arkansas)

Bremer, Celeste F. (Iowa)

Gritzner, James E. (Iowa)

Loken, James B. (Minnesota)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Erdahl, Clemens A. (Iowa)

Nestor, Bruce Douglas (Iowa)

Attorneys(s) for Defendant

Hill, William A. (Iowa)

Miller, Thomas J. (Iowa)

Judge(s)

Arnold, Richard Sheppard (Arkansas)

Bremer, Celeste F. (Iowa)

Gritzner, James E. (Iowa)

Loken, James B. (Minnesota)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Erdahl, Clemens A. (Iowa)

Nestor, Bruce Douglas (Iowa)

Attorneys(s) for Defendant

Hill, William A. (Iowa)

Miller, Thomas J. (Iowa)

Documents in the Clearinghouse

Document

Docket (PACER)

Overton v. Galloway

Nov. 4, 2003 Docket

Docket (PACER)

Stringer v. Kautzky

Jan. 26, 2006 Docket

Reported Opinion

U. S. Court of Appeals for the Eighth Circuit

305 F.3d 802, 2002 U.S.App.LEXIS 20867

Oct. 4, 2002 Order/Opinion
106

Order Denying Plaintiffs' Motions to Amend and for Temporary Restraining Order and Granting Defendants' Motion for Summary Judgment

Overton v. Galloway

Oct. 8, 2003 Order/Opinion
16

Order Referring Case to Magistrate Judge

Bear v. Mathes

Nov. 12, 2003 Order/Opinion
24

Defendants' Appendix (includes Complaint)

April 13, 2004 Complaint
43

Report and Recommendation on Defendants' Motion for Summary Judgment Against Plaintiff Archie Bear

March 21, 2005 Order/Opinion
45

Report and Recommendation on Defendants' Motion for Partial Summary Judgment

March 31, 2005 Order/Opinion
53

Order Adopting Report and Recommendation Denying Motion for Partial Summary Judgment

June 17, 2005 Order/Opinion
59

Order Granting Motion for Summary Judgment

Stringer v. Kautzky

Jan. 25, 2006 Order/Opinion

Docket

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

ECF Number Description Date Link
59

ORDER granting 57 Motion for Summary Judgment. Clerk of Court to enter judgment in favor of Defendants and against Plaintiffs William Stringer and Michael McBride. Plaintiffs' case is dismissed without prejudice for failure to exhaust under 42 USC section 1997e(a). Entered by Judge James E. Gritzner on 1/25/2006. (nlh) (Entered: 01/25/2006)

Jan. 25, 2006
58

RESPONSE to Motion re 57 Second MOTION for Summary Judgment by Defendants filed by William L Stringer, Michael McBride. Replies due by 9/21/2005. (Nestor, Bruce) (Entered: 09/09/2005)

Sept. 9, 2005
57

Second MOTION for Summary Judgment by Defendants by Walter Kautzky, John Mathes. Responses due by 8/22/2005 (Attachments: # 1 Defendants' Second Statement of Undisputed Material Facts# 2 Defendants' Second Appendix# 3 Memorandum in Support of Defendants' Second Motion for Summary Judgment)(Hill, William) (Entered: 07/27/2005)

July 27, 2005
56

ORDER Additional Dispositive Motion Deadline due by 8/1/2005. See attached order for particulars. Entered by Magistrate Judge Celeste F. Bremer on 6/20/2005. (npo) (Entered: 06/20/2005)

June 20, 2005
55

JUDGMENT in favor of Defendants against Plaintiff Bear. Summary Judgment against Plaintiff Bear. Entered by R Johnson for Marjorie Krahn, Clerk on 6/20/2005. (rmj) Additional attachment(s) added on 6/20/2005 (rmj, ). (Entered: 06/20/2005)

June 20, 2005
54

ORDER ADOPTING REPORT AND RECOMMENDATIONS 43, granting 21 motion for summary judgment. Clerk shall enter judgment in favor of Defendants on all of Plaintiff Bear's claims. See order for particulars. Entered by Judge James E. Gritzner on 6/17/2005. (nlh) (Entered: 06/17/2005)

June 17, 2005
53

ORDER ADOPTING REPORT AND RECOMMENDATIONS 45, denying 42 motion for partial summary judgment. Entered by Judge James E. Gritzner on 6/17/2005. (nlh) (Entered: 06/17/2005)

June 17, 2005
52

ORDER denying 47 Plaintiff Stringer's motion for summary judgment. Entered by Judge James E. Gritzner on 5/3/2005. (nlh) (Entered: 05/03/2005)

May 3, 2005

Set/Reset Deadlines: Pltf's Response to R & R due by 4/29/2005 see Text Order #51 (lh, ) (Entered: 04/27/2005)

April 26, 2005
51

TEXT ORDER granting 49 Plaintiffs' unresisted Motion for Extension of Time to file a response to Report and Recommendation. Plaintiffs shall have to and including 4/29/05 to respond to the Report and Recommendation. Entered by Magistrate Judge Celeste F. Bremer on 4/26/2005. (mlr ) (Entered: 04/26/2005)

April 26, 2005
50

CERTIFICATE OF SERVICE by William L Stringer re 49 First MOTION for Extension of Time to File Response to Report and Recommendation (Nestor, Bruce) (Entered: 04/22/2005)

April 22, 2005
49

First MOTION for Extension of Time to File Response to Report and Recommendation by William L Stringer. Responses due by 5/9/2005 (Nestor, Bruce) (Entered: 04/22/2005)

April 22, 2005
48

RESPONSE to Motion re 47 MOTION for Summary Judgment Defendants's Resistance to Pro Se Motion for Summary Judgment filed by Walter Kautzky, John Mathes. Replies due by 4/27/2005. (Hill, William) (Entered: 04/15/2005)

April 15, 2005
47

MOTION for Summary Judgment by William L Stringer, Pro Se. Responses due by 5/9/2005 (Attachments: # 1 Letter to CRW-CFB# 2 envelope) (lh, ) (Entered: 04/13/2005)

April 13, 2005
46

OBJECTION to 45 Report and Recommendations Defendants' Objections to March 31, 2005 Report and Recommendant on Defendants' Motion for Partial Summary Judgment filed by Walter Kautzky, John Mathes. (Hill, William) (Entered: 04/08/2005)

April 8, 2005
45

REPORT AND RECOMMENDATION re [42 & 21] Defendants' MOTIONS for Partial Summary Judgment. Objections to R&R due by 4/22/2005. Material facts remain in dispute. Accordingly, the Court recommends that Defendants' Motions for Summary Judgment be denied. See Order for particulars. Entered by Magistrate Judge Celeste F. Bremer on 3/31/2005. (mlr ) (Entered: 03/31/2005)

March 31, 2005
44

Text ORDER REFERRING CASE to Magistrate Judge for Report and Recommendation -- for remaining motion for partial summary judgment; see R&R Doc. #43. . Entered by Rob Raker, Acting Clerk on 3/21/2005. (ld, ) (Entered: 03/21/2005)

March 21, 2005
43

REPORT AND RECOMMENDATION re 21 Motion for Partial Summary Judgment against Archie Bear filed by John Mathes, Walter Kautzky. Objections to R&R due by 4/12/2005. See attached R&R for details. (Motion for Partial Summary Judgment against remaining plaintiffs 42 to be addressed in separate R&R.) Entered by Magistrate Judge Celeste F. Bremer on 3/21/2005. (npo) (Entered: 03/21/2005)

March 21, 2005
41

MEMORANDUM in Opposition to Supplemental Motion for Sumamry Judgment re 21 Motion for Summary Judgment filed by Archie Bear, Michael McBride, William L Stringer. Replies due by 10/19/2004. (bp, ) (Entered: 10/06/2004)

Oct. 6, 2004
40

STATEMENT OF DISPUTED MATERIAL FACTS re 21 Motion for Summary Judgment filed by Archie Bear, Michael McBride, William L Stringer. (bp, ) (Entered: 10/06/2004)

Oct. 6, 2004
39

RESPONSE to Supplement Statement of Undisputed Material Facts/Motion re 21 Motion for Summary Judgment filed by Archie Bear, Michael McBride, William L Stringer. Replies due by 10/19/2004. (bp, ) (Entered: 10/06/2004)

Oct. 6, 2004
38

ORDER by Magistrate Judge Celeste F. Bremer; Defendants shall have to and including 10/15/04 to file a reply (cc: all counsel) (dv) (Entered: 09/22/2004)

Sept. 22, 2004
42

MOTION for Partial Summary Judgment (Redocketed as motion/see document #34 for image, docketed as supplement) by Walter Kautzky, John Mathes. (ld, ) Modified on 3/23/2005 to edit filed date to 8/18/04. (ld, ). (Entered: 03/21/2005)

Aug. 18, 2004
37

SUPPLEMENTAL APPENDIX filed by defendant Walter Kautzky, defendant John Mathes [34-1] re: motion s/j (don) (Entered: 08/18/2004)

Aug. 18, 2004
35

MEMORANDUM by defendant Walter Kautzky, defendant John Mathes in support [34-1] of supplemental motion for s/j (don) (Entered: 08/18/2004)

Aug. 18, 2004
34

SUPPLEMENTAL by defendant Walter Kautzky, defendant John Mathes [21-1] to motion for summary judgment before Judge James E. Gritzner (don) (Entered: 08/18/2004)

Aug. 18, 2004
33

MOTION by defendant Walter Kautzky, defendant John Mathes to extend time to file supplemental motion for s/j from 08/17/04 to 08/18/04 and ORDER granting order motion By JRR, Clerk[33-1] (cc: all counsel) (don) (Entered: 08/18/2004)

Aug. 18, 2004
32

ORDER by Magistrate Judge Celeste F. Bremer ; Final pretrial cnf (MAG) satisfied , ; Discovery ddl set for 10/01/04 (cc: all counsel) (dv) (Entered: 07/29/2004)

July 29, 2004
31

PROPOSED FINAL PRETRIAL ORDER submitted by defendant (dv) (Entered: 07/29/2004)

July 29, 2004
30

ORDER by Magistrate Judge Celeste F. Bremer denying motion for appointment of counsel [29-1] (cc: all counsel) (dv) (Entered: 07/23/2004)

July 23, 2004
29

MOTION by plaintiff William L Stringer for appointment of counsel before Magistrate Judge Celeste F. Bremer (dv) (Entered: 07/15/2004)

July 15, 2004
28

ORDER by Magistrate Judge Celeste F. Bremer ; Final pretrial cnf (MAG) set for 07/29/04 at 10:30 ; Evidentiary hearing (MAG) set for 08/17/04 at 9:00 held by ICN (cc: all counsel) (dv) (Entered: 07/13/2004)

July 13, 2004
27

RESPONSE by plaintiff Archie Bear [21-1] re: motion for summary judgment before Judge James E. Gritzner (dv) (Entered: 07/06/2004)

July 6, 2004
26

ORDER by Magistrate Judge Celeste F. Bremer; Court extends the deadline for filing a response to 7/2/04 to allow Plaintiff Bear to clarify the nature of his claims, including the nature of the relief he seeks (cc: all counsel) (dv) (Entered: 06/16/2004)

June 15, 2004
25

ORDER by Magistrate Judge Celeste F. Bremer; The Court extends the deadline for response to the pending motion to 6/9/04 (cc: all counsel) (dv) (Entered: 05/27/2004)

May 27, 2004
24

APPENDIX filed by defendant Walter Kautzky, defendant John Mathes [21-1] re: motion for summary judgment before Judge James E. Gritzner (dv) (Entered: 04/13/2004)

April 13, 2004
23

STATEMENT by defendant Walter Kautzky, defendant John Mathes [21-1] in support of motion for summary judgment before Judge James E. Gritzner (dv) (Entered: 04/13/2004)

April 13, 2004
22

MEMORANDUM by defendant Walter Kautzky, defendant John Mathes in support [21-1] of motion for summary judgment before Judge James E. Gritzner (dv) (Entered: 04/13/2004)

April 13, 2004
20

ORDER by Magistrate Judge Celeste F. Bremer ; Final pretrial cnf (MAG) 07/12/04 10:30am ; Evidentiary hearing (MAG) 07/22/04 9:00am ; Telephone Hearing satisfied (cc: all counsel) (don) (Entered: 04/07/2004)

April 6, 2004
19

ORDER by Magistrate Judge Celeste F. Bremer granting motion to withdraw attorney Clemens A. Erdahl [18-1] for Michael McBride, William L Stringer, Archie Bear (cc: all counsel) (dv) (Entered: 03/17/2004)

March 16, 2004
18

MOTION by plaintiff Archie Bear, plaintiff William L Stringer, plaintiff Michael McBride to withdraw attorney Clemens A. Erdahl before Magistrate Judge Celeste F. Bremer (dv) (Entered: 03/15/2004)

March 15, 2004
17

ORDER by Magistrate Judge Celeste F. Bremer Rule 16(b) Telephone Hearing set for 04/06/4 at 10:00 (cc: all counsel) (dv) (Entered: 03/05/2004)

March 5, 2004

FILING FEE PAID: on 1/23/04 in the amount of $ 20.50, receipt # 68426. copy fee (dv) (Entered: 01/23/2004)

Jan. 23, 2004
16

ORDER by Judge James E. Gritzner Case reopened , Case referred to Magistrate Judge Celeste F. Bremer for submission of report and recommendation See order re: reopening this member case under its own caption (cc: all counsel) (dv) (Entered: 11/12/2003)

Nov. 12, 2003

REMARK THIS CASE CONSOLIDATED INTO CASE NO. 4-01-CV-80225. ALL FURTHER FILINGS TO BE FILED IN THAT FILE (dv) (Entered: 09/26/2001)

Sept. 26, 2001
15

CLERK'S COURT MINUTES: courtroom clerk: Shirley Dooley; court reporter: Teresa Kenkel; motion to extend time to respond to complaint and motion for injunctive relief before Honorable Charles R. Wolle [9-1] ; hearing held 9:00 9/19/01, motion for temporary restraining order and/or preliminary injunction before Honorable Charles R. Wolle [2-1] ; hearing held 9:00 9/19/01 (dv) (Entered: 09/19/2001)

Sept. 19, 2001
14

ORDER by Honorable Charles R. Wolle setting hearing on motion to extend time to respond to complaint and motion for injunctive relief [9-1] 9:00 9/19/01, setting hearing on motion for temporary restraining order and/or preliminary injunction [2-1] 9:00 9/19/01; This will be held via ICN (cc: all counsel) (dv) (Entered: 09/14/2001)

Sept. 14, 2001
13

MEMORANDUM by defendant Walter Kautzky, defendant John Mathes in support [12-1] of objection (don) (Entered: 08/27/2001)

Aug. 27, 2001
12

OBJECTIONS by defendant Walter Kautzky, defendant John Mathes to [2-1] motion for temporary restraining order and/or preliminary injunction before Honorable Charles R. Wolle (don) (Entered: 08/27/2001)

Aug. 27, 2001
11

MEMORANDUM by defendant Walter Kautzky, defendant John Mathes in support [10-1] of objection (don) (Entered: 08/27/2001)

Aug. 27, 2001
9

MOTION by defendant Walter Kautzky, defendant John Mathes to extend time to respond to complaint and motion for injunctive relief before Honorable Charles R. Wolle (don) (Entered: 08/27/2001)

Aug. 27, 2001
8

ATTORNEY APPEARANCE for defendant Walter Kautzky, defendant John Mathes by WILLIAM A HILL (don) (Entered: 08/27/2001)

Aug. 27, 2001
7

SUPPLEMENT by plaintiff Michael McBride [1-1] to complaint (dr) (Entered: 08/06/2001)

Aug. 6, 2001
6

RESPONSE by plaintiff William L Stringer [4-1] re: order (dr) (Entered: 08/03/2001)

Aug. 3, 2001
5

SUPPLEMENT by plaintiff William L Stringer [1-1] to complaint (dr) (Entered: 08/03/2001)

Aug. 3, 2001

REMARK - Service of process issued by mail this date to dfts Mathes and Kautzky, and Attorney General of State of Iowa; copy of signature page of complaint mailed this date to pltfs Stringer and McBride (dr) (Entered: 07/30/2001)

July 30, 2001
4

INITIAL REVIEW ORDER by Honorable Charles R. Wolle: By not later than 8/13/01, dfts shall resond to motion for preliminary injunctive relief and report to the court whether this case should be consolidated with 4-01-cv-80225; court directs clerk of court to send a copy of signature page of complaint to inmates Stringer and McBride so they may sign their names to the complaint; if they do not inform court of their intention to be pltfs in this lawsuit within 30 days of date of this order, court will dismiss then as pltfs; service of process shall issue by mail to dfts and to Attorney General of State of Iowa; re [2-1] motion for temporary restraining order and/or preliminary injunction (cc: all counsel) (dr) (Entered: 07/30/2001)

July 27, 2001

FILING FEE PAID: on 7/27/01 in the amount of $ 150.00, receipt # 61404. (dr) (Entered: 07/27/2001)

July 27, 2001
3

MEMORANDUM by plaintiffs in support [2-1] of motion for temporary restraining order and/or preliminary injunction before Honorable Charles R. Wolle (dr) (Entered: 07/27/2001)

July 27, 2001
2

MOTION by plaintiffs for temporary restraining order and/or preliminary injunction before Honorable Charles R. Wolle (dr) Modified on 07/27/2001 (Entered: 07/27/2001)

July 27, 2001
1

PRISONER COMPLAINT (cc: pltf(s)). (dr) (Entered: 07/27/2001)

July 27, 2001

State / Territory: Iowa

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 27, 2001

Closing Date: Jan. 25, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State prisoners challenging prison policy banning prisoners’ communications with other prisoners who served as jailhouselawyers

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Hadsell, Stormer & Renick

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Iowa State Penitentiary, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2001 - 2006

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Type of Facility:

Government-run