Case: Walker v. Scurr

4:83-cv-00313 | U.S. District Court for the Southern District of Iowa

Filed Date: June 16, 1983

Clearinghouse coding complete

Case Summary

On June 16, 1983, inmates practicing Native American religion at Iowa State Penitentiary (ISP) filed lawsuits under 42 U.S.C. § 1983 against the officers and employees of ISP in the U.S. District Court for the Southern District of Iowa. The plaintiffs, at first represented by themselves and later by the University of Iowa Legal Clinic, asked for declaratory and injunctive relief, alleging the ISP policy of not allowing Native American religious headbands to be worn in the prison yard violated …

On June 16, 1983, inmates practicing Native American religion at Iowa State Penitentiary (ISP) filed lawsuits under 42 U.S.C. § 1983 against the officers and employees of ISP in the U.S. District Court for the Southern District of Iowa. The plaintiffs, at first represented by themselves and later by the University of Iowa Legal Clinic, asked for declaratory and injunctive relief, alleging the ISP policy of not allowing Native American religious headbands to be worn in the prison yard violated their constitutional rights.

On May 1, 1984, the District Court (Judge Harold D. Vietor) granted the plaintiffs' motion for a preliminary injunction. Reinert v. Haas, 585 F.Supp. 477 (D.C. Iowa 1984). Judge Vietor held that the plaintiffs would probably succeed on the merits of their claim, and that the threat of harm to the plaintiffs was irreparable and the public interest would best be served by issuing the injunction.

On September 9, 1985, the District Court (Judge Vietor) allowed two plaintiffs, proceeding pro se, to amend their original complaint against prison officials at the ISP to allege that the defendants allowed the loss, theft or destruction of the plaintiffs' religious, legal and cultural property. Walker v. Scurr, 617 F.Supp. 679 (D.C. Iowa 1985). Judge Vietor held that the proposed amendment adequately alleged a deprivation of property without due process.

Sometime before 1993, the District Court (Judge Vietor) approved a settlement agreement.

On December 7, 1993, the District Court (Judge Vietor) approved a modification of the settlement agreement.

Because we do not have the settlement agreement and PACER only contains the docket dating from 1993, we have no further information on this case.

Summary Authors

Chris Sullivan (8/8/2006)

People


Judge(s)

Vietor, Harold Duane (Iowa)

Attorneys(s) for Plaintiff

Walker, Walter L. (Iowa)

Attorneys(s) for Defendant

Allen, Gordon E. (Iowa)

Hunacek, Mark (Iowa)

Lindebak, Layne M. (Iowa)

Miller, Thomas J. (Iowa)

Other Attorney(s)

Active

Judge(s)

Vietor, Harold Duane (Iowa)

Attorneys(s) for Plaintiff

Walker, Walter L. (Iowa)

Attorneys(s) for Defendant

Allen, Gordon E. (Iowa)

Hunacek, Mark (Iowa)

Lindebak, Layne M. (Iowa)

Miller, Thomas J. (Iowa)

Other Attorney(s)

Schwartz, Barbara A. (Iowa)

Documents in the Clearinghouse

Document

4:83-cv-70313

Docket (PACER)

Dec. 7, 1993

Dec. 7, 1993

Docket

4:83-cv-00313

0:84-cv-00026

Memorandum Opinion and Order for Preliminary Injunction

Reinert v. Haas

May 1, 1984

May 1, 1984

Order/Opinion

4:83-cv-00313

Reported Opinion

Sept. 9, 1985

Sept. 9, 1985

Order/Opinion

Docket

Last updated Sept. 5, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
144

ORDER APPROVING STIPULATION TO AMEND THE SETTLEMENT AGREEMENT AND ADOPTING AMENDED SETTLEMENT AGREEMENT by Honorable Harold D. Vietor [143-1] terminating case (cc: all counsel) (cl) (Entered: 12/08/1993)

Dec. 7, 1993

Dec. 7, 1993

143

STIPULATION TO AMEND THE SETTLEMENT AGREEMENT AND TO THE ENTRY OF ORDER ADOPTING THE AMENDED SETTLEMENT AGREEMENT (cl) (Entered: 12/08/1993)

Dec. 7, 1993

Dec. 7, 1993

REMARK: #142 was inadvertently placed in Case #4-93-80385 (cl) (Entered: 09/22/1993)

Sept. 22, 1993

Sept. 22, 1993

142

ORDER by Chief Judge Charles R. Wolle denying motion to consolidate [141-1] (cc: all counsel) (cl) (Entered: 09/22/1993)

Sept. 17, 1993

Sept. 17, 1993

REMARK: If this action should go on appeal the original hard docket will also have to sent to the Cir because not all of the original parties were put on the system (cl) (Entered: 08/06/1993)

Aug. 6, 1993

Aug. 6, 1993

141

MOTION by defendant David Scurr to consolidate cases before Chief Judge Charles R. Wolle , to extend time to answer before Chief Judge Charles R. Wolle Original filed in 4-93-80385 (cl) (Entered: 08/10/1993)

July 6, 1993

July 6, 1993

Case Details

State / Territory: Iowa

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 16, 1983

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

State penitentiary inmates who were practitioners of Native American religion alleging that prison authorities had interfered with exercise of their religious beliefs and had discriminatedagainst their religion

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Iowa State Penitentiary, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Free Exercise Clause

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1993 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Religious programs / policies

Discrimination-basis:

Religion discrimination

Affected Gender:

Male

Type of Facility:

Government-run