Case: Goff v. Nix

4:90-cv-50145 | U.S. District Court for the Southern District of Iowa

Filed Date: March 16, 1990

Closed Date: Oct. 14, 1997

Clearinghouse coding complete

Case Summary

In 1993, two inmates at the Iowa State Penitentiary in Fort Madison, Iowa filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of Iowa against prison officials seeking an injunction against the prison's prohibition of legal correspondence between inmates in different prison units. Following a bench trial, the District Court (Judge Donald E. O'Brien) granted an injunction on October 19, 1993, finding that restrictions on legal communications burdened inmat…

In 1993, two inmates at the Iowa State Penitentiary in Fort Madison, Iowa filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of Iowa against prison officials seeking an injunction against the prison's prohibition of legal correspondence between inmates in different prison units. Following a bench trial, the District Court (Judge Donald E. O'Brien) granted an injunction on October 19, 1993, finding that restrictions on legal communications burdened inmates' right of access to the courts. The court ordered the prison to allow prisoners to send legal mail to inmates in other facilities and to ensure that mail would be returned to its owner when a ""jail-house lawyer"" was transferred to another facility.

The prison officials appealed. The U.S. Court of Appeals for the Eighth Circuit (Judge Richard S. Arnold) affirmed in part and reversed in part, vacating the injunction except to the extent that it required the return of legal documents to their owners. Goff v. Nix, 113 F.3d 887 (8th Cir. 1997).

The PACER docket ends with the denial of plaintiffs' motion for rehearing on October 14, 1997.

Summary Authors

Rebekah Henn Sullivan (8/11/2005)

People


Judge(s)

Arnold, Richard Sheppard (Arkansas)

Beam, Clarence Arlen (Nebraska)

O'Brien, Donald Eugene (Iowa)

Ross, Donald Roe (Nebraska)

Attorneys(s) for Plaintiff

Mears, Philip B. (Iowa)

Rose, Dudie J. (Iowa)

Sobel, Scott A. (Iowa)

Attorneys(s) for Defendant

Allen, Gordon E. (Iowa)

Campbell, Bonnie Jean (Iowa)

Hill, William A. (Iowa)

Judge(s)

Arnold, Richard Sheppard (Arkansas)

Beam, Clarence Arlen (Nebraska)

O'Brien, Donald Eugene (Iowa)

Ross, Donald Roe (Nebraska)

Attorneys(s) for Plaintiff

Mears, Philip B. (Iowa)

Rose, Dudie J. (Iowa)

Sobel, Scott A. (Iowa)

Attorneys(s) for Defendant

Allen, Gordon E. (Iowa)

Campbell, Bonnie Jean (Iowa)

Hill, William A. (Iowa)

Lindebak, Layne M. (Iowa)

Miller, Thomas J. (Iowa)

Documents in the Clearinghouse

Document

4:90-cv-50145

Docket (PACER)

Oct. 14, 1997

Oct. 14, 1997

Docket

96-01009

Reported Opinion

U. S. Court of Appeals for the Eighth Circuit

113 F.3d 887, 1997 U.S.App.LEXIS 11319

May 15, 1997

May 15, 1997

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
70

COPY of Appellate Court Order: Rehearing en banc is denied. petition for rehearing by the panel is also denied. (don) (Entered: 10/14/1997)

Oct. 14, 1997

Oct. 14, 1997

69

COPY of Appellate Court Order:The motion for an award of attorney's fees and expenses are granted, for a total award of $3,242.50. Secondly, the USCA allows only $500 in fees for appellants' 54 page response, this document seems more elaborate than necessary. (pmb) (Entered: 08/19/1997)

Aug. 19, 1997

Aug. 19, 1997

68

MAIL Returned [67-1] addressed to plaintiff Dudie J Rose (dv) (Entered: 07/08/1997)

July 8, 1997

July 8, 1997

EXHIBIT WITHDRAWAL LETTER: mailed to attorney for plaintiff, attorney for defendant (pmb) (Entered: 06/23/1997)

June 23, 1997

June 23, 1997

67

CERTIFIED COPY of judgment from USCA affirming in part and reversing in part the decision of the District Court [Appeal [56-1] (cc: all counsel) (pmb) (Entered: 06/23/1997)

June 23, 1997

June 23, 1997

66

COPY of Appellate Court Order:The motion for an extension of time until June 12, 1997, to file a petition for rehearing and for attorney fees is granted. (pmb) (Entered: 06/02/1997)

June 2, 1997

June 2, 1997

65

COPY of Appellate Court Order:opinion filed regarding an injunction against the defendants (don) (Entered: 05/23/1997)

May 23, 1997

May 23, 1997

64

COPY of Appellate Court Order: Motion is granted for copies of transcripts at the expense of U.S. (sm) (Entered: 04/12/1996)

April 12, 1996

April 12, 1996

63

TRANSCRIPT filed of court trial on 11/18/92 (dv) (Entered: 02/20/1996)

Feb. 16, 1996

Feb. 16, 1996

62

TRANSCRIPT filed of telephonic hearing on 2/7/94 (dv) (Entered: 02/20/1996)

Feb. 16, 1996

Feb. 16, 1996

60

COPY of Appellate Court Order: Scott Sobel is hereby allowed to withdraw as counsel for the appllees, Philip Mears is hereby appointed to represent the appellees on appeal. (sm) Modified on 02/22/1996 (Entered: 02/16/1996)

Feb. 16, 1996

Feb. 16, 1996

61

TRANSCRIPT filed of hearing 5/9/92 at ISP (dv) (Entered: 02/20/1996)

Feb. 14, 1996

Feb. 14, 1996

59

COPY of Appellate Court Order: Scott A. Sobel is hereby appointed to represent the appellees on appeal. (sm) (Entered: 01/08/1996)

Jan. 8, 1996

Jan. 8, 1996

57

MAIL Returned [56-1] addressed to plaintiff Dudie J Rose (sm) (Entered: 01/03/1996)

Jan. 3, 1996

Jan. 3, 1996

58

NOTICE REGARDING TRANSCRIPT; appellant hereby orders Trial of 5-5-92, trial of 11-18-92 and hearing of 2-7-95; cost of the transcripts will be paid by the State of Iowa by defendant John Henry, defendant C C Nix (sm) Modified on 01/03/1996 (Entered: 01/03/1996)

Dec. 29, 1995

Dec. 29, 1995

RECEIVED [56-1] re appeal fee in amount of $ 105.00 ( Receipt # 45615) (sm) (Entered: 12/19/1995)

Dec. 18, 1995

Dec. 18, 1995

56

NOTICE OF APPEAL by defendant John Henry, defendant C C Nix from Dist. Court decision [55-1] cc: all counsel (sm) (Entered: 12/19/1995)

Dec. 18, 1995

Dec. 18, 1995

55

ORDER by Honorable Donald E. O'Brien re [54-1] reply - The second policy submitted by ISP in relation to red star mail does not fully comply with this Courts order of 10/19/93; ISP shall within 30 days submit a new policy which is consistent with this courts directives. SEE ORDER FOR PARTICULARS (cc: all counsel) (gk) (Entered: 11/21/1995)

Nov. 20, 1995

Nov. 20, 1995

54

REPLY by defendant [53-1] (Submission of Revised Policy) (ld) (Entered: 04/18/1994)

April 18, 1994

April 18, 1994

53

ORDER by Honorable Donald E. O'Brien --within 30 days, ISP will submit to the Court a revised copy of its policy regarding red star mail containing clarifications of all ambiguities raised in the telephone hearing. The Court will then review this policy and set a date for a hearing on the policy revisions, including all parties in the hearing. (cc: all counsel) (ld) (Entered: 03/17/1994)

March 17, 1994

March 17, 1994

52

CLERK'S COURT MINUTES on hearing held 2/7/94 on objections to ISP policy RE: Red Star Mail: courtroom clerk: Liz Porter; court reporter: Carol Johnson (Tape #150); Order to Follow... (ld) (Entered: 02/14/1994)

Feb. 11, 1994

Feb. 11, 1994

51

Final REPORT to the Court by defendants'. (ld) (Entered: 01/07/1994)

Jan. 7, 1994

Jan. 7, 1994

50

MOTION by plaintiff to denie implementation of defs' proposed policy before Honorable Donald E. O'Brien (ld) (Entered: 01/04/1994)

Jan. 3, 1994

Jan. 3, 1994

49

RECEIPT FOR EXHIBITS: Exhibits destroyed this date by L. DeFrancisco, Deputy Clerk (Shredded) [Approved R. Raker, Chief Deputy] (ld) (Entered: 12/21/1993)

Dec. 20, 1993

Dec. 20, 1993

48

ORDER by Honorable Donald E. O'Brien re [44-2] -- officials responsible shall continue on with the processes they must follow for implementing the new policy. FURTHER: defs' shall serve the named plntfs' in this action with any further pleadings or policy's formulated in response to this court's Oct. 19, 1993 order. (cc: all counsel) (ld) (Entered: 12/17/1993)

Dec. 17, 1993

Dec. 17, 1993

47

ORDER by Honorable Donald E. O'Brien re [46-1] -- within 20 days of the date of this order, the defs' shall make a supplemental report setting out the then present status of the situation. (cc: all counsel) (ld) (Entered: 12/13/1993)

Dec. 13, 1993

Dec. 13, 1993

46

REPORT Setting Forth Proposed Policy by defendants'. (ld) (Entered: 12/06/1993)

Dec. 3, 1993

Dec. 3, 1993

EXHIBIT WITHDRAWAL LETTER: SCOTT A SOBEL for plaintiff George Goff, LAYNE M LINDEBAK for defendant C C Nix (ld) (Entered: 11/23/1993)

Nov. 23, 1993

Nov. 23, 1993

45

JUDGMENT: signed by L. DeFrancisco --= entered in favor of pltnfs'. See judgment for numerous particulars Re: policy to be established by ISP. (cc: all counsel) OJ 218-#49 (ld) (Entered: 10/19/1993)

Oct. 19, 1993

Oct. 19, 1993

44

ORDER by Honorable Donald E. O'Brien dismissing case -= judgment to be entered for plntfs'... see order for numerous particulars... 218-OJ-48 (cc: all counsel) (ld) (Entered: 10/19/1993)

Oct. 19, 1993

Oct. 19, 1993

42

RESISTANCE by defendant re: motion for preliminary injunction before Honorable Donald E. O'Brien [41-1] (ld) (Entered: 01/27/1993)

Jan. 26, 1993

Jan. 26, 1993

41

MOTION by plaintiff George Goff, plaintiff Dudie J Rose for preliminary injunction before Honorable Donald E. O'Brien cc: cnsl (ld) (Entered: 01/27/1993)

Jan. 26, 1993

Jan. 26, 1993

40

Combined MOTIONs by plaintiffs' to amend & Conform before Judge Donald E. O'Brien , to reopen the record to allow filing of evidenitary affidavits before Judge Donald E. O'Brien , to incorporate all motions made on the record in this proceeding into this motion [this is a just in case motion] before Judge Donald E. O'Brien (ld) Modified on 01/26/1993 (Entered: 01/22/1993)

Jan. 22, 1993

Jan. 22, 1993

39

ORDER Regarding Filing by Magistrate Celeste F. Bremer -- Papers "Combined Motions" are not deficient and shall be filed and made part of the record. (cc: all counsel) (ld) (Entered: 01/22/1993)

Jan. 22, 1993

Jan. 22, 1993

EXHIBITS re: [38-4] located w/file. (ld) (Entered: 11/23/1992)

Nov. 23, 1992

Nov. 23, 1992

38

CLERK'S COURT MINUTES: courtroom clerk: Michael Lennon; court reporter: Carol Johnson; ; Trial held 11/18/92 , trial began , trial end Witness & Exhibit Lists attached. (ld) (Entered: 11/23/1992)

Nov. 23, 1992

Nov. 23, 1992

37

ORDER by Honorable Donald E. O'Brien ; Trial 11/18/92 at 11:00 a.m. in Davenport, Ia. (cc: all counsel) (ld) (Entered: 10/26/1992)

Oct. 26, 1992

Oct. 26, 1992

36

ORDER by Magistrate Celeste F. Bremer ; Final pretrial cnf (MAG) set for 10/22/92 at 4:30 p.m. is no longer needed (cc: all counsel) (jv) (Entered: 10/21/1992)

Oct. 21, 1992

Oct. 21, 1992

35

ORDER ; Trial 11/9/92 at 9:00 a.m. in Dav. IA /s/JRR, Clerk (cc: all counsel) (ld) (Entered: 09/23/1992)

Sept. 22, 1992

Sept. 22, 1992

34

ORDER ; Final pretrial cnf (MAG) CFB 10/22/92 at 4:30 a.m. /s/JRR, Clerk (cc: all counsel) (ld) (Entered: 09/23/1992)

Sept. 22, 1992

Sept. 22, 1992

33

REPORT by defendants'. (ld) (Entered: 07/17/1992)

July 16, 1992

July 16, 1992

32

ORDER Granting in Part and Denying in Part by Magistrate Mark W. Bennett motion for expense disbursement before Magistrate Mark W. Bennett [30-1] -- The clerk shall issue payment from the Attorney Admission Fee Fund to Attorney Scott Sobel, for the round trip mileage, lodginh and dinner expenses claimed in counsel's Motion in the amount of $136.40. (cc: all counsel) (ld) (Entered: 05/14/1992)

May 13, 1992

May 13, 1992

31

CLERK'S COURT MINUTES: Day #1, Trial to the Cuort; courtroom clerk: Michael Lennon, Jr., Law Clerk; court reporter: Sue Ann Graham; trial began 5/5/92 , sche ; Trial satisfied 5/5/92 [Note: trial not completed; final minutes and exhibit & witness list to follow] (ld) (Entered: 05/14/1992)

May 13, 1992

May 13, 1992

30

MOTION by plaintiff Dudie J Rose, plaintiff George Goff for expense disbursement before Magistrate Mark W. Bennett (st) (Entered: 05/08/1992)

May 7, 1992

May 7, 1992

29

Pro Se MOTION by plaintiff Dudie J Rose, plaintiff George Goff "for plaintiffs to be allowed to meet prior to trial and be given adequate time to prepare their final strategy" before Honorable Donald E. O'Brien (lc) (Entered: 04/23/1992)

April 23, 1992

April 23, 1992

28

ORDER on final pretrial conference by Magistrate Celeste F. Bremer pretrial conf. held 4/20/92 , ; Trial 5/5/92 at 9:30 a.m. at ISP -- The court discussed the motion to withdraw with Mr. Goff & Mr. Sobel. The pltnfs' will be representing themselves pro se, but Mr. Sobel will remain appointed as stand-by resourrce counsel to assist at the trial and with post-trial briefs. The Clerk shall add both Dudie Rose and George Goff to the docket and send pleadings directly to them. The Court accepts and adopts the proposed order on final pretrial conf. [submitted by parties] which is filed with this order. WITNESS & EXHIBIT LISTS INCLUDED (cc: all counsel) (ld) (Entered: 04/21/1992)

April 21, 1992

April 21, 1992

27

MOTION by plaintiff Dudie J Rose, plaintiff George Goff to withdraw attorney before Magistrate Celeste F. Bremer (Motion That Attorney Scott Soble be Dismissed as Acting Lawyer/That Plaintiffs be Allowed to Proceed Pro Se...) (ld) (Entered: 04/14/1992)

April 9, 1992

April 9, 1992

26

ORDER by Magistrate Celeste F. Bremer ; Final pretrial cnf (MAG) 4/20/92 at 3:30 P.M. (cc: all counsel) (st) (Entered: 04/09/1992)

April 9, 1992

April 9, 1992

25

ANSWER by defendant John Henry, defendant C C Nix (ld) (Entered: 03/09/1992)

March 5, 1992

March 5, 1992

24

ORDER by Honorable Donald E. O'Brien [on court's own motion] ; Dispositive Motion ddl set for 4/17/92 ; Discovery ddl 3/27/92 , ; Trial 5/5/92; Ft. Madison (no time) (cc: all counsel) cc: calendar & USM (ld) (Entered: 02/25/1992)

Feb. 24, 1992

Feb. 24, 1992

23

ORDER by Honorable Donald E. O'Brien (Telephone Conf) ; In-court hearing 12/18/91 at 9:30 a.m. (cc: all counsel) (ld) (Entered: 12/10/1991)

Dec. 9, 1991

Dec. 9, 1991

22

STATUS REPORT by defendant (rh) (Entered: 07/18/1991)

July 18, 1991

July 18, 1991

21

ORDER by Honorable Donald E. O'Brien - defs. are to file status report required by the order of 9/19/90 by 7/22/91. (cc: all counsel) (rh) (Entered: 07/11/1991)

July 11, 1991

July 11, 1991

20

NOTICE (Status Report) by plaintiff Dudie J Rose, plaintiff George Goff (ld) (Entered: 01/23/1991)

Jan. 23, 1991

Jan. 23, 1991

1

INITIAL REVIEW ORDER by Honorable Donald E. O'Brien (cc: all counsel) Service of process to issue by mail according to law--service issued. (ldf) (Entered: 11/28/1990)

March 16, 1990

March 16, 1990

Case Details

State / Territory: Iowa

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 16, 1990

Closing Date: Oct. 14, 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Jailhouse lawyers sought injunction against penitentiary's prohibition of legal correspondence between inmates in different prison units

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Iowa State Penitentiary (def), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

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: 1993 - None

Issues

General:

Access to lawyers or judicial system

Mail

Type of Facility:

Government-run