Case: Hershberger v. Scaletta

1:91-cv-00191 | U.S. District Court for the Northern District of Iowa

Filed Date: Aug. 2, 1991

Closed Date: 1994

Clearinghouse coding complete

Case Summary

On August 2, 1991, seven inmates at the Iowa Men's Reformatory (IMR) brought a Section 1983 action against prison officials in the United District Court for the Northern District of Iowa. The plaintiffs, represented by private counsel, challenged the IMR mail policy denying free legal postage to indigent inmates, and the IMR rule requiring inmates to keep moving while exercising and also allowing officials to rescind exercise privileges without due process of law. In 1993, upon the parties' c…

On August 2, 1991, seven inmates at the Iowa Men's Reformatory (IMR) brought a Section 1983 action against prison officials in the United District Court for the Northern District of Iowa. The plaintiffs, represented by private counsel, challenged the IMR mail policy denying free legal postage to indigent inmates, and the IMR rule requiring inmates to keep moving while exercising and also allowing officials to rescind exercise privileges without due process of law.

In 1993, upon the parties' consent, the case was tried before Magistrate John A. Harvey. The Magistrate found in favor of the plaintiffs on their claim that the IMR policy on legal mail denied them meaningful access to the courts. The court enjoined IMR from denying free postage to indigent inmates for legal purposes, charging inmates 50 cents per month for having a negative account balance as the result of purchasing legal postage, and forbidding inmates from exceeding $7.50 indebtedness for legal postage. IMR was further required to supply each indigent inmate weekly with at least one free stamped envelope for use for legal mail. However, the court held in favor of the defendants on the plaintiffs' challenge to the IMR exercise rule, finding the regulation did not violate due process or Eighth Amendment rights. Hershberger v. Scaletta, 861 F.Supp. 1470 (N.D. Iowa 1993).

Parties on both sides appealed to the Court of Appeals for the Eighth Circuit. The Court of Appeals (Judges Pasco M. Bowman II, Gerald W. Heaney, and C. Arlen Beam) affirmed the magistrate judge's order in all respects. In a concurring opinion, Judge Heaney questioned the majority's reasoning with respect to inmates' personal mail, feeling that indigent inmates should have some access to free postage for personal mail as well. Hershberger v. Scaletta, 33 F.3d 955 (8th Cir. 1994).

Summary Authors

Chris Sullivan (8/20/2005)

People


Judge(s)

Beam, Clarence Arlen (Nebraska)

Bowman, Pasco Middleton II (Missouri)

Heaney, Gerald William (Minnesota)

Jarvey, John Alfred (Iowa)

Attorneys(s) for Defendant

Baker, Angela S. (Iowa)

Ensign, Kristin W. (Iowa)

Hill, William A. (Iowa)

Mears, Philip B. (Iowa)

Judge(s)

Beam, Clarence Arlen (Nebraska)

Bowman, Pasco Middleton II (Missouri)

Heaney, Gerald William (Minnesota)

Jarvey, John Alfred (Iowa)

Attorneys(s) for Defendant

Baker, Angela S. (Iowa)

Ensign, Kristin W. (Iowa)

Hill, William A. (Iowa)

Mears, Philip B. (Iowa)

Documents in the Clearinghouse

Document

Docket (PACER)

Dec. 14, 1994 Docket
58

Order

861 F.Supp. 1470, 1993 U.S.Dist.LEXIS 20426

Oct. 4, 1993 Order/Opinion

Opinion

U. S. Court of Appeals for the Eighth Circuit

33 F.3d 955, 1994 U.S.App.LEXIS 23092

Oct. 20, 1994 Order/Opinion

Docket

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

ECF Number Description Date Link
1

APPLICATION TO PROCEED in forma pauperis by plaintiff Jeffrey Hershberger frmemp (Entered: 01/21/1993)

June 24, 1991
2

STATEMENT of financial status by plaintiff Jeffrey Hershberger frmemp (Entered: 01/21/1993)

July 20, 1991
3

ORDER by Chief Mag Judge John A. Jarvey granting motion to proceed in forma pauperis. Clerk to file complaint w/o prepayment of fees. Marshal to serve defts & Ia. Atty. Gen. w/o prepayment of fees. Atty. Gen. to notify court if she lacks consent of defts to appear in their behalf. Defts to ans/plead w/in 45 days(Sep. 16,1991) (cc: all counsel) frmemp (Entered: 01/21/1993)

Aug. 2, 1991
4

COMPLAINT (Summons(es) w/notice,consents,LR16 and reports to USM for svc) frmemp (Entered: 01/21/1993)

Aug. 2, 1991
5

MOTION by plaintiff Jeffrey Hershberger to amend complaint , and to proceed in forma pauperis by new party pltfs. assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 01/21/1993)

Aug. 7, 1991
6

RETURN OF SERVICE executed upon defendant Fred Scaletta, defendant John A Thalacker, defendant Larry Brimeyer, defendant Steven Salviati, defendant Kenneth Lewis answer due on Sep. 16, 1991 frmemp (Entered: 01/21/1993)

Aug. 16, 1991
7

ORDER by Chief Mag Judge John A. Jarvey granting motion to amend complaint [5-1] (cc: all counsel) frmemp (Entered: 01/21/1993)

Aug. 26, 1991
8

AMENDED COMPLAINT (Summons(es) w/ notice, consents, LR 16 and Rpt form to USM for svc). [4-1] by plaintiff Jeffrey Hershberger; adding Kenneth Wheeler, Thomas Sherwood, Steven Schakel frmemp (Entered: 01/21/1993)

Aug. 26, 1991
9

MOTION by defendant Kenneth Wheeler to proceed in forma pauperis assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 01/21/1993)

Aug. 26, 1991
10

MOTION by defendant Thomas Sherwood to proceed in forma pauperis assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 01/21/1993)

Aug. 26, 1991
11

MOTION by defendant Steven Schakel to proceed in forma pauperis assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 01/21/1993)

Aug. 26, 1991
12

ANSWER by defendants frmemp (Entered: 01/21/1993)

Sept. 18, 1991
14

RESISTANCE to Answer & Affirmative Defenses by plaintiff Jeffrey Hershberger, plaintiff Kenneth Wheeler, plaintiff Thomas Sherwood, plaintiff Schakel frmemp (Entered: 01/21/1993)

Sept. 25, 1991
15

MOTION by plaintiff Jeffrey Hershberger, plaintiff Kenneth Wheeler, plaintiff Thomas Sherwood, plaintiff Steven Schakel for preliminary injunction , for temporary restraining order assigned to Chief Judge Michael J. Melloy frmemp Modified on 01/21/1993 (Entered: 01/21/1993)

Sept. 25, 1991
16

BRIEF in support of Mot. for P.I. &/or TRO by plaintiff Jeffrey Hershberger, plaintiff Kenneth Wheeler, plaintiff Thomas Sherwood, plaintiff Schakel frmemp (Entered: 01/21/1993)

Sept. 25, 1991
17

ORDER by Chief Mag Judge John A. Jarvey: Pltfs. S. Schakel, T. Sherwood & K. Wheeler are allowed to proceed informa pauperis. Clerk to send 08/26/91 amended complaint, J09/18/91 answer & court's 09/20/91 order to each pltf.(cc: all counsel)i frmemp (Entered: 01/21/1993)

Sept. 26, 1991
18

RESISTANCE by defendants to motion for preliminary injunction [15- 1], to motion for temporary restraining order [15-2] frmemp (Entered: 01/21/1993)

Oct. 9, 1991
19

REPORT to the court by plaintiff Jeffrey Hershberger, plaintiff Kenneth Wheeler, plaintiff Thomas Sherwood, plaintiff Steven Schakel frmemp (Entered: 01/21/1993)

Oct. 10, 1991
20

ORDER by Judge David R. Hansen: Clerk to apt. counsel for pltfs pursuant to IOLTA; denying motion for preliminary injunction [15-1], denying motion for temporary restraining order [15-2] (cc: all counsel) frmemp (Entered: 01/21/1993)

Oct. 11, 1991
21

ATTORNEY APPEARANCE for plaintiff Jeffrey Hershberger, plaintiff Kenneth Wheeler, plaintiff Thomas Sherwood, plaintiff Steven Schakel by Philip B Mears frmemp (Entered: 01/21/1993)

Oct. 28, 1991
22

MOTION by plaintiff Jeffrey Hershberger, plaintiff Kenneth Wheeler, plaintiff Thomas Sherwood, plaintiff Steven Schakel to expend Library Funds assigned to Chief Judge Michael J. Melloy frmemp (Entered: 01/21/1993)

Jan. 7, 1992
23

MOTION by plaintiff to extend deadlines for disc. & dispositive motions assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 01/21/1993)

Jan. 21, 1992
24

ORDER by Chief Mag Judge John A. Jarvey granting motion to extend deadlines for disc. & dispositive motions [23-1] ; Discovery ddl Apr. 1, 1992 ; Motion filing ddl May 1, 1992 (cc: all counsel) frmemp (Entered: 01/21/1993)

Feb. 25, 1992
26

ORDER by Chief Mag Judge John A. Jarvey granting motion to extend discovery [25-1] ; Discovery ddl May 1, 1992 (cc: all counsel) frmemp (Entered: 01/21/1993)

April 17, 1992
27

MOTION by plaintiffs to extend discovery assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 01/21/1993)

May 7, 1992
28

ORDER by Chief Mag Judge John A. Jarvey ; Telephone Status hearing June 3, 1992 at 9:00 a.m. (cc: all counsel) frmemp (Entered: 01/21/1993)

May 18, 1992
29

MOTION to intervene by Scott Olmstead; Thomas Rayer; & Ernest Douglas assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 01/21/1993)

June 1, 1992
30

SCHEDULING ORDER Chief Mag Judge John A. Jarvey ; motion filing ddl Oct. 1,1992 ; Discovery Sep. 1,1992 (cc: all counsel) frmemp (Entered: 01/21/1993)

June 4, 1992
31

RESISTANCE by defendants to motion to intervene by Scott Olmstead; Thomas Rayer; & Ernest Douglas [29-1] frmemp (Entered: 01/21/1993)

June 5, 1992
32

ORDER by Chief Mag Judge John A. Jarvey granting motion to intervene by Scott Olmstead; Thomas Rayer; & Ernest Douglas [29-1] (cc: all counsel) frmemp (Entered: 01/21/1993)

June 10, 1992
33

MOTION by plaintiffs, intervenor plaintiffs to amend & substitute complaint assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 01/21/1993)

July 17, 1992
34

ORDER by Chief Mag Judge John A. Jarvey granting motion to amend & substitute complaint [33-1] (cc: all counsel) frmemp (Entered: 01/21/1993)

Aug. 5, 1992
35

AMENDED & SUBSTITUTED COMPLAINT frmemp (Entered: 01/21/1993)

Aug. 5, 1992
36

ANSWER by defendant to [35-1] frmemp (Entered: 01/21/1993)

Aug. 18, 1992
37

ORDER by Chief Mag Judge John A. Jarvey ; Pretrial order ddl Nov. 30, 1992 (cc: all counsel) frmemp (Entered: 01/21/1993)

Oct. 9, 1992
38

ORDER by Chief Judge Michael J. Melloy: Pltf. to file document w/Court indicating whether request to expend Library Funds, filed 01/07/92, remains a viable motion. Pleading due w/in 15 days(Nov. 12, 1992) (cc: all counsel) frmemp (Entered: 01/21/1993)

Oct. 28, 1992
39

STATEMENT re: Library Fund Motion by plaintiffs, intervenor plaintiffs in support of [22-1] frmemp (Entered: 01/21/1993)

Nov. 13, 1992
40

MOTION by plaintiffs, intervenor plaintiffs to extend time to submit Proposed PFTO assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 01/21/1993)

Dec. 1, 1992
42

ORDER by Chief Judge Michael J. Melloy Case referred to Chief Mag Judge John A. Jarvey for Report & Recommendation (cc: all counsel) frmemp (Entered: 01/21/1993)

Dec. 30, 1992
43

ORDER by Chief Judge Michael J. Melloy granting motion to expend Library Funds. Clerk to issue check from Library Fund in amt. of $300.50 to Mears Law office (cc: all counsel) frmemp (Entered: 01/21/1993)

Dec. 30, 1992
44

ORDER by Chief Mag Judge John A. Jarvey granting motion to extend time to submit Proposed PFTO. Pltf's. proposed FPTO submitted 12/3/92 is deemed timely. (cc: all counsel) frmemp (Entered: 01/21/1993)

Dec. 30, 1992
45

ORDER by Chief Mag Judge John A. Jarvey Court Trial RESET March 8, 1993 at 10:00 a.m. at IMR (cc: all counsel) frmemp (Entered: 01/21/1993)

Jan. 11, 1993
46

ORDER by Chief Mag Judge John A. Jarvey ; Trial Reset for 3/9/93 at 9:00 a.m., IMR, and will continue on that date until completed. (cc: all counsel) frmemp (Entered: 02/04/1993)

Feb. 4, 1993
47

MOTION by defendants to extend time to file trial brief assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 02/18/1993)

Feb. 18, 1993
48

ORDER by Chief Mag Judge John A. Jarvey granting motion to extend time to file trial brief [47-1]Defts to file trial brief by Feb 27, 1993 (cc: all counsel) frmemp (Entered: 02/28/1993)

Feb. 25, 1993
49

PRE-TRIAL BRIEF FILED by defendants frmemp (Entered: 03/05/1993)

March 2, 1993
50

PRE-TRIAL BRIEF FILED by plaintiffs frmemp (Entered: 03/05/1993)

March 3, 1993
51

CLERK'S COURT MINUTES from Ct Trial hld 3/9/93 - Ruling Reserved frmemp (Entered: 03/10/1993)

March 10, 1993
52

EXHIBIT/WITNESS list from Ct Trial hld 3/9/93 frmemp (Entered: 03/10/1993)

March 10, 1993
53

MOTION by defendants, to extend time to file post-trial brief assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 03/26/1993)

March 25, 1993
54

ORDER by Chief Mag Judge John A. Jarvey granting motion to extend time to file post-trial brief [53-1]; Defts. shall have to Apr. 7, 1993 to file post-trial brief (cc: all counsel) frmemp (Entered: 03/30/1993)

March 30, 1993
55

POST TRIAL BRIEF FILED by defendants frmemp (Entered: 04/13/1993)

April 9, 1993
56

POST TRIAL BRIEF FILED by plaintiff frmemp (Entered: 05/04/1993)

May 3, 1993
58

ORDER by Chief Mag Judge John A. Jarvey: ct. finds in favor of pltfs Douglas & Olmstead on claim of denial of access to cts as a result of IMR policy on legal mail. Deft Thalacker is enjoined from (1) denying free postage to indigent inmates for legal purposes, (2) charging inmates 50 cents per month for having a negative balance in their acct as the result of purchasing legal postage, (3) forbidding inmates to exceed $7.50 total indebtedness for legal postage under the present standard called "exceptional need". Deft Thalacker is ordered to provide indigent inmates weekly w/at least one free stamped envelope, or such other larger number o free stamped envelopes as is deemed appropriate by prison officials, for use for legal mail. The ct finds in favor of defts on pltfs' claim of denial of rights of familial privacy as a result of the IMR policy on personal mail. The ct finds in favor of defts on pltfs' claims of violation of their 8th or 14th amendment rights as a result of the IMR exercise yard policy. The clerk shall enter jdmt in favor of pltfs Douglas & Olmstead & against deft Thalacker in his official capacity as warden of the IMR on the claim noted in paragraphs 1 & 2 above. The clerk shall enter jdmt in favor of the defts on all other claims by pltfs Douglas & Olmstead and in favor of all defts against all claims of all other pltfs. (cc: all counsel) frmemp (Entered: 10/05/1993)

Oct. 4, 1993
59

JUDGMENT: dismissing case (cc: all counsel) frmemp Modified on 10/14/1993 (Entered: 10/05/1993)

Oct. 4, 1993
60

JUDGMENT: (cc: all counsel) frmemp (Entered: 10/05/1993)

Oct. 4, 1993
61

MOTION by plaintiffs for reconsideration of ct's order & jdmt of 10/4/93 assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 10/13/1993)

Oct. 12, 1993
62

RESISTANCE by defendants to motion for reconsideration of ct's order & jdmt of 10/4/93 [61-1] frmemp (Entered: 10/25/1993)

Oct. 25, 1993
63

ORDER by Chief Mag Judge John A. Jarvey setting hearing on motion for reconsideration of ct's order & jdmt of 10/4/93 [61-1] for 11/3/93 at a time convenient to parties; Parties are responsible for placing the call; Pltf. ordered to supplement the Mot. for Reconsideration w/in 3 days of receipt of this order by stating rule under which the ot. is brought (cc: all counsel) frmemp (Entered: 10/29/1993)

Oct. 29, 1993
64

SUPPLEMENT by plaintiffs re motion for reconsideration of ct's order & jdmt of 10/4/93 [61-1] frmemp (Entered: 11/03/1993)

Nov. 3, 1993
65

ORDER by Chief Mag Judge John A. Jarvey denying motion for reconsideration of ct's order & jdmt of 10/4/93 [61-1]. Time for filing an appeal extended to 11/15/93 before 5:00 p.m. No further extensions will be granted. (cc: all counsel) frmemp (Entered: 11/08/1993)

Nov. 5, 1993
66

NOTICE OF APPEAL by defendant John A Thalacker from Dist. Court decision [58-1] (cc: all counsel) w/dkt sheet 8th CCA w/dkt sheets, Order Judgment frmemp (Entered: 11/12/1993)

Nov. 12, 1993
67

RECEIVED re [66-1] fee in amount of $ 105.00 ( Receipt # 95438) frmemp (Entered: 11/12/1993)

Nov. 12, 1993
68

MOTION by plaintiff to defer the question of atty fees & costs assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 11/15/1993)

Nov. 15, 1993
69

NOTICE OF APPEAL by plaintiffs from Dist. Court decision [60-1], [59-2], [58-1] (cc: all counsel) w/dkt sheet 8th CCA w/dkt sheets, Order Judgment frmemp (Entered: 11/15/1993)

Nov. 15, 1993
70

ORDER by Chief Mag Judge John A. Jarvey granting motion to defer the question of atty fees & costs [68-1]. This matter may be brought before the court upon the resolution of the appeals to the 8th Cir Ct of Appeals. (cc: all counsel) frmemp (Entered: 11/17/1993)

Nov. 17, 1993
71

MOTION by plaintiff Jeffrey Hershberger, intervenor plaintiff Scott P Olmstead, intervenor plaintiff Thomas Rayer to prepare transcript at Govt. expense assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 12/02/1993)

Dec. 2, 1993
72

MOTION by defendant John A Thalacker to correct Notice of Appeal assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 12/06/1993)

Dec. 3, 1993
73

TRANSCRIPT of trial held on 3/9/93 frmemp (Entered: 12/08/1993)

Dec. 8, 1993
74

ORDER by Chief Mag Judge John A. Jarvey denying motion to correct Notice of Appeal [72-1], as it appears that FRCP 60(a) requires such application to be made to the appellate court. Deft to pay $633.00 to Ctrptr for his copy of the transcript. Pltfs shall pay $158.25 for their copy of the transcript. Upon filing the cross-appellants' appellate brief, a copy of said brief shall be delivered to this court. The pltfs may then re-urge this motion and the ct will determine whether the transcript was necessary to promote important litigation interests. Until then, pltfs' 12/2/93 motion to prepare a transcript at government's expense [71-1] is denied. (cc: all counsel) frmemp (Entered: 12/15/1993)

Dec. 15, 1993
75

MOTION by plaintiffs for reconsideration of Ct/s 12/15/93 order assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 12/23/1993)

Dec. 22, 1993
76

ORDER by Chief Mag Judge John A. Jarvey granting motion for reconsideration of Ct/s 12/15/93 order [75-1]; it is ordered that payment of costs of $158.25 for pltfs' copy of the transcript in this matter be pd pursuant to 28 USC 753(f). (cc: all counsel) frmemp (Entered: 01/11/1994)

Jan. 11, 1994
77

CERTIFIED COPY of Order/Opinion from Circuit Ct affirming the decision of the District Court on appeal [69-1], affirming the decision of the District Court on appeal [66-1] frmemp (Entered: 11/08/1994)

Nov. 3, 1994
79

NOTICE of Intention to Dispose of Trial Exhibits on 12/12/94. CMA frmemp (Entered: 12/01/1994)

Nov. 30, 1994
80

STATEMENT of destruction of trial exhibits on December 14, 1994. CMA frmemp (Entered: 12/14/1994)

Dec. 14, 1994

State / Territory: Iowa

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Aug. 2, 1991

Closing Date: 1994

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates alleging that prison's policies regarding legal postage for indigent inmates, and prison's rules regarding exercising and permitting officials to rescind exercise privileges without due process in response to misbehavior, were unconstitutional

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Iowa Men's Reformatory (Anamosa), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

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:

Mail

Type of Facility:

Government-run