Case: Weir v. Nix

U.S. Court of Appeals for the Eighth Circuit

ORDER by Chief Judge Harold D. Vietor dismissing party Karl Kemp, party Larry Linton, party Leonard Blackwell, party Nissan, party Wallace McNeil, party Donald Vold, party Jack Paschel, party Harold McCormick, party Michael Mahaffey, party Billie Lloyd, party Mildred Elliott, party Gary Baugher, party Steve Davis , and dismissing party John Emmett, party James Helling, party B Marie Brady, party Kenneth Wittry, party Debbie Nichols, party Charles W Lee, party Clarence Keys , dismissing party Paul Grossheim, party Terry E Branstad; claim contained in amendment rec'd 7/1/91 dismissed w/o prejudice (cc: all counsel, 198-OJ-51, copy of file to Clk for atty) (lc) (Entered: 08/05/1991)

COMPLAINT (cc: pltf (lc) (Entered: 08/05/1991)

AMENDED COMPLAINT [2-1] by plaintiff Milton Weir (cc: pltf) (lc) (Entered: 08/05/1991)

ATTORNEY APPEARANCE for plaintiff Milton Weir by Brian Ellsworth (lc) (Entered: 08/16/1991)

MOTION by plaintiff Milton Weir to extend time to file amended and substituted complaint and ORDER by JRR, Clk granting motion [5-1] & ext time until 10/16/91 (cc: all counsel) (lc) (Entered: 09/18/1991)

AMENDED COMPLAINT [3-1], [2-1] by plaintiff Milton Weir terminating defendant Unknown Employees, defendant Jane Doe, defendant John Doe, defendant Gerald Hoenig, defendant Midthune, defendant Del Vanderkrol, defendant Scott Stevens, defendant George Fenn, defendant David Babcock, defendant Donald Aschbrener, defendant Robert Krieger, defendant Mike Cutler, defendant Rick Larkin, defendant Gary Peitz, defendant Neil Boeding, defendant Richard Barry, defendant Richard Barlow, defendant Richard McColloch, defendant Patti Wachtendorf, defendant Roger Lawson, defendant Martin Rung, defendant Stephen R Korb, defendant Robert L Washington, defendant Donald Lynch, defendant C Heald, defendant Paul Hedgepeth, defendant John C Henry, defendant Ronald Welder, defendant Fred Scaletta, reinstating def Helling as defendant (lc) (Entered: 10/16/1991)

Further Initial Review ORDERs by Chief Judge Harold D. Vietor: claims agst all 3 defs allowed to proceed; pltf's apptd counsel shall arrange for service of process upon defs (cc: all counsel) (lc) (Entered: 10/31/1991)

SUMMONS issued as to defendant Crispus Nix, defendant James Helling, defendant Mary Piper & mailed to pltf's atty w/order fld this date (lc) (Entered: 10/31/1991)

MOTION by defendant Crispus Nix, defendant James Helling, defendant Mary Piper for more definite statement before Chief Judge Harold D. Vietor (lc) (Entered: 11/26/1991)

ORDER by Chief Judge Harold D. Vietor denying motion for more definite statement [8-1] (cc: all counsel) (lc) (Entered: 12/20/1991)

MOTION by defendants Crispus Nix, James Helling, Mary Piper to extend time to answer and ORDER by JRR, Clk granting motion [12-1] & ext time to & incl 1/3/92 to respond to complaint (cc: all counsel) (lc) (Entered: 12/31/1991)

ANSWER to Amended and Substituted Complaint by defendants Crispus Nix, James Helling, and Mary Piper re: complaint [6-1] (lc) (Entered: 01/03/1992)

ORDER by JRR, Clk ; Dispositive Motion ddl set for 6/10/92 (cc: all counsel) (lc) (Entered: 05/07/1992)

MOTION by defendant Mary Piper, defendant Crispus Nix, defendant James G. Helling for summary judgment before Honorable Harold D. Vietor (sm) Modified on 06/11/1992 (Entered: 06/11/1992)

STATEMENT of Material Facts by defendant Mary Piper, defendant Crispus Nix (sm) (Entered: 06/11/1992)

AFFIDAVIT of James G. Helling regarding motion for summary judgment before Honorable Harold D. Vietor [15-1] (sm) (Entered: 06/11/1992)

AFFIDAVIT of Mary Piper regarding motion for summary judgment before Honorable Harold D. Vietor [15-1] (sm) (Entered: 06/11/1992)

AFFIDAVIT of Reverend Delwin Vande Krol regarding motion for summary judgment before Honorable Harold D. Vietor [15-1] (sm) (Entered: 06/11/1992)

MEMORANDUM by defendant Mary Piper, defendant James Helling, defendant Crispus Nix in support of motion for summary judgment before Honorable Harold D. Vietor [15-1] (sm) (Entered: 06/17/1992)

MOTION by plaintiff Milton Weir to extend time to respond to defs' m/sj and ORDER by JRR, Clk granting motion [21-1] & ext time an addl 30 days (cc: all counsel) (lc) (Entered: 06/29/1992)

ATTORNEY APPEARANCE for plaintiff Milton Weir by Patrick E. Ingram (cl) (Entered: 07/22/1992)

RESISTANCE by plaintiff Milton Weir re: motion for summary judgment before Honorable Harold D. Vietor [15-1] (Part 1 of 2 for this entry) (lc) (Entered: 07/27/1992)

MOTION by plaintiff Milton Weir for summary judgment before Honorable Harold D. Vietor (Part 2 of 2 for entry #23) (lc) (Entered: 07/27/1992)

STATEMENT by plaintiff Milton Weir in support of motion for summary judgment before Honorable Harold D. Vietor [23-1], in support of motion response [23-1] (lc) (Entered: 07/27/1992)

REMARK: Memo in Resis to Def's M/SJ & in Support of Pltf's M/SJ sent to MWB w/form order - does not have SUBJECT MATTER table of contents (lc) (Entered: 07/27/1992)

ORDER Regarding Filing by Magistrate Mark W. Bennett: Memo in resis to def's m/sj & in support of pltf's m/sj defective - no SUBJECT MATTER table of contents; Clk to return document to party who submitted it for filing (cc: all counsel, memo ret'd to atty Ingram) (lc) (Entered: 07/29/1992)

SUPPLEMENT by plaintiff Milton Weir re motion for summary judgment before Honorable Harold D. Vietor [23-1], re resis to m/sj [23- 1] (lc) (Entered: 08/03/1992)

MEMORANDUM by plaintiff Milton Weir in support of motion for summary judgment before Honorable Harold D. Vietor [23-1], of resis to m/sj [23-1] (lc) (Entered: 08/03/1992)

MOTION by plaintiff Milton Weir to withdraw attorney Ellsworth before Magistrate Celeste F. Bremer (lc) (Entered: 08/04/1992)

MOTION by defendant to extend time to respond to pltf's m/sj and ORDER by JRR, Clk granting motion [29-1] & ext time until 8/17/92 (cc: all counsel) (lc) (Entered: 08/05/1992)

RESISTANCE by defendants Mary Piper, James Helling, Crispus Nix re: motion for summary judgment before Honorable Harold D. Vietor [23-1] (lc) (Entered: 08/17/1992)

STATEMENT of Material Facts of Which There is No Dispute and in Resis to M/SJ by defendants in support of motion response [30-1] (lc) (Entered: 08/17/1992)

MEMORANDUM by defendant in support of resis to m/sj [30-1] (lc) (Entered: 08/17/1992)

ORDER by Magistrate Celeste F. Bremer granting motion to withdraw [28-1] attorney BRIAN G ELLSWORTH for Milton Weir (cc: all counsel) (lc) (Entered: 08/27/1992)

MEMORANDUM by plaintiff Milton Weir in support of motion for summary judgment before Honorable Harold D. Vietor [23-1] ***PART 2 OF DOCUMENT #34*** (cl) (Entered: 11/16/1992)

MEMORANDUM by plaintiff Milton Weir in opposition motion for summary judgment before Honorable Harold D. Vietor [15-1] ***PART 1 OF DOCUMENT #34*** (cl) (Entered: 11/16/1992)

ORDER by Honorable Harold D. Vietor : Defs' m/sj granted as to pltf's claim against def Mary Piper arising out of the 1987 denial of mail. That claim is dismissed with prejudice. Defs' m/sj on pltf's other claims, and pltf's cross-motion for sj are denied. Parties shall file on or before 4/5/93, statements re whether they waive jury trial. [23-1] [15-1] (cc: all counsel) (cl) (Entered: 04/05/1993)

REPORT TO THE COURT (STATUS REPORT) by plaintiff Milton Weir (cl) (Entered: 04/08/1993)

ORDER by Honorable Harold D. Vietor Case referred to Magistrate Mark W. Bennett for R&R (cc: all counsel) (cl) (Entered: 06/03/1993)

MOTION by plaintiff Milton Weir to take depositions at court expense before Magistrate Mark W. Bennett (cl) (Entered: 06/16/1993)

ORDER by Magistrate Celeste F. Bremer granting motion to take depositions at court expense [38-1] . Pltf is authorized to take but not transcribe the deposition of Vanderkrol (cc: all counsel) (cl) (Entered: 06/28/1993)

MOTION by plaintiff Milton Weir to amend complaint before Magistrate Judge Mark W. Bennett (cl) (Entered: 05/10/1994)

STIPULATED WITHDRAWAL OF JURY DEMAND (cl) (Entered: 05/17/1994)

RESISTANCE by defendants to motion to amend complaint before Magistrate Judge Mark W. Bennett [40-1] (lc) (Entered: 05/18/1994)

CONSENT TO PROCEED BEFORE U.S. MAGISTRATE AND ORDER OF REFERENCE By order of Honorable Harold D. Vietor to Magistrate Judge Mark W. Bennett for all further proceedings (cc: counsel) (cl) (Entered: 05/19/1994)

ORDER by Magistrate Judge Mark W. Bennett granting motion to amend complaint [40-1] (cc: all counsel) (sm) (Entered: 06/23/1994)

AMENDMENT TO COMPLAINT by plaintiff Milton Weir to [6-1] to complaint, [3-1] to complaint, [2-1] to complaint (sm) (Entered: 06/28/1994)

ANSWER by defendant Mary Piper, defendant James Helling, defendant Crispus Nix complaint [6-1], complaint [3-1] (sm) (Entered: 06/30/1994)

ORDER by Magistrate Judge Ross A. Walters ; Final pretrial cnf (MAG) set for 12/6/94 @ 11:30 (cc: all counsel) (gk) Modified on 11/22/1994 (Entered: 11/22/1994)

ORDER by Magistrate Judge Ross A. Walters ; Final pretrial cnf (MAG) rescheduled ; final pretrial conf set for 12/5/94 @ 3:30 (cc: all counsel) (gk) (Entered: 11/30/1994)

PROPOSED Proposed Pretrial Report submitted by defendant, plaintiff (gk) (Entered: 12/06/1994)

ORDER by Magistrate Judge Ross A. Walters final pretrial conf. held 12/6/94 , ; Trial set for 12/13/94 @ 9:00 (cc: all counsel) (gk) (Entered: 12/07/1994)

CONSENT TO PROCEED BEFORE U.S. MAGISTRATE AND ORDER OF REFERENCE By order of Harold D. Vietor, Judge to Magistrate Judge Ross A. Walters for all further proceedings (cc: counsel) (gk) (Entered: 12/15/1994)

CLERK'S COURT MINUTES: courtroom clerk: SH, Law Clerk; court reporter: Cheryl Liles; trial begin 12/13/94 , trial end 12/13/94 (gk) (Entered: 12/16/1994)

POST TRIAL briefs submitted by plaintiff Milton Weir (gk) (Entered: 12/28/1994)

POST-TRIAL briefs submitted by defendant (gk) (Entered: 01/09/1995)

ORDER by Magistrate Judge Ross A. Walters The court has received a communication from pla about pla's cnsl. That communication is ordered filed and copies shall be sent to cnsl (cc: all counsel) (gk) (Entered: 01/11/1995)

LETTER to court "COMPLAINT ABOUT HIS OWN ATTORNEY" from plaintiff Milton Weir (gk) (Entered: 01/11/1995)

FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT: by Magistrate Judge Ross A. Walters dismissing case (cc: all counsel) OJ 234-65 (gk) (Entered: 05/30/1995)

JUDGMENT: signed by RH re [58-2] order: - It is hereby ordered, adjudged and Decreed that the current practive with respect to the baptism of fundamentalist Christians in protective custody at ISP, wherein inmates in attendance are not afforded and opportunity to witness the immersion portion of the ceremony, is a denial of Pla' Weir's right to exercise his religion as guaranteed to pla by the Free Exercise Clause of the First Amendment and the Religious Freedon Restoration Act; It is Further Ordered and Adjudged and Decreed that dft's are hereby enjoined from denying pla an opportunity to witness the immersion portion of the baptismal ceremony involving fundamentalist Christians in protective custody; It is Further Ordered and Adjudged and Decreed that dft's are enjoined from denying pla Weir the Chick Publications described in the Court's findings and said defendants shall initiate appropriate action to ensure that the approved publication list is amended to allow the publications described; It is Further Ordered and Adjudged and Decreed that in all other respects judgment is entered in favor of the def's and against the plaintiff and the Complaint is dismissed. (cc: all counsel) OJ 234-66 (gk) (Entered: 05/30/1995)

MOTION by defendant to amend or alter Judgment before Magistrate Judge Ross A. Walters (gk) (Entered: 06/08/1995)

MEMORANDUM by defendant in support [60-1] of motion to amend or alter Judgment before Magistrate Judge Ross A. Walters (gk) (Entered: 06/08/1995)

NOTICE OF APPEAL by plaintiff Milton Weir from Dist. Court decision [58-2] cc: all counsel (gk) (Entered: 06/08/1995)

ORDER by Magistrate Judge Ross A. Walters granting in part motion to amend or alter Judgment [60-1] (cc: all counsel) (gk) (Entered: 06/28/1995)

NOTIFICATION by Circuit Court of Appellate Docket Number [62-1] 95-2708SIDM (gk) (Entered: 07/10/1995)

NOTICE OF APPEAL by defendant Crispus Nix, defendant Mary Piper, defendant James Helling from Dist. Court decision [58-2], [63-1] cc: all counsel (gk) (Entered: 07/11/1995)

MOTION by plaintiff to extend time to request fees before Magistrate Judge Celeste F. Bremer (gk) (Entered: 07/12/1995)

ORDER by Magistrate Judge Celeste F. Bremer granting motion to extend time to request fees to 9/1/95 [66-1] (cc: all counsel) (gk) (Entered: 07/20/1995)

RECEIVED [65-1] re appeal fee in amount of $ 105.00 ( Receipt # 044692) (gk) (Entered: 07/21/1995)

NOTIFICATION by Circuit Court of Appellate Docket Number [65-1] 95-2865SIDM (gk) (Entered: 07/26/1995)

MOTION by defendant to stay pending appeal before Magistrate Judge Ross A. Walters (gk) (Entered: 07/26/1995)

MEMORANDUM by defendant in support [69-1] of motion to stay pending appeal before Magistrate Judge Ross A. Walters (gk) (Entered: 07/26/1995)

RESISTANCE (personaly filed to supplement any filings by his attorney) by plaintiff Milton Weir to motion to stay pending appeal before Magistrate Judge Ross A. Walters [69-1] (gk) (Entered: 08/07/1995)

ORDER by Magistrate Judge Ross A. Walters denying in part and granting in part motion to stay pending appeal [69-1] (cc: all counsel) (gk) (Entered: 08/17/1995)

TRANSCRIPT DESIGNATION and Ordering Form for dates: 12/13/94 [62-1] (gk) (Entered: 09/20/1995)

TRANSCRIPT filed of Proceedings of Trial per order from the 8th circuit. (sm) (Entered: 02/28/1996)

COPY of Appellate Court Order: Entered 06/11/97 Affirm Judgment of District Court No.95-2708 and dismiss cross appealno. 95-2865. (don) (Entered: 06/16/1997)

CERTIFIED COPY of judgment from USCA affirming the decision of the District Court [65-1], affirming the decision of the District Court [62- 1] (cc: all counsel) (pmb) (Entered: 07/08/1997)

EXHIBIT WITHDRAWAL LETTER: mailed to KRISTIN W ENSIGN for defendant Crispus Nix (pmb) (Entered: 07/08/1997)

REMARK-Exhibits located in brown expand file with the original file in the Closed '97 area. (pmb) (Entered: 07/08/1997)

CERTIFIED COPY of judgment from USCA affirming the decision of the District Court [65-1] (cc: all counsel) (pmb) (Entered: 07/08/1997)

CERTIFIED COPY of judgment from USCA affirming the decision of the District Court [62-1] (cc: all counsel) (pmb) (Entered: 07/08/1997)

MOTION FOR REIMBURSEMENT OFOUT OF POCKET EXPENSES by plaintiff Milton Weir for disbursement of out of pocket expenses before Magistrate Judge Celeste F. Bremer (dv) (Entered: 05/16/2000)

ORDER ON EXPENSES by Magistrate Judge Celeste F. Bremer granting motion for disbursement of out of pocket expenses before Magistrate Judge Celeste F. Bremer [78-1] (cc: all counsel) (dv) (Entered: 06/14/2000)