Case: Moore v. Final Reviewing Auth.

3:87-cv-00420 | U.S. District Court for the Northern District of Indiana

Filed Date: July 20, 1987

Closed Date: Sept. 25, 2000

Clearinghouse coding complete

Case Summary

In July 1987, an inmate in the Indiana State Prison filed suit, pro se, in the District Court for the Northern District of Indiana against prison officials. The complaint alleged violations of the inmate's Sixth, Eighth, and Fourteenth Amendment rights in regards to a disciplinary hearing about the inmate's attempted escape. In December 1987, the District Court (Judge Allen Sharp) dismissed the complaint for failure to state a claim, but permitted plaintiff to amend the due process claims.Pla…

In July 1987, an inmate in the Indiana State Prison filed suit, pro se, in the District Court for the Northern District of Indiana against prison officials. The complaint alleged violations of the inmate's Sixth, Eighth, and Fourteenth Amendment rights in regards to a disciplinary hearing about the inmate's attempted escape. In December 1987, the District Court (Judge Allen Sharp) dismissed the complaint for failure to state a claim, but permitted plaintiff to amend the due process claims.

Plaintiff's amended complaint alleged violations of his Fourteenth Amendment right to due process in three respects. Plaintiff alleged that the disciplinary board did not follow statutory procedures when conducting the hearing. Plaintiff also alleged that prison officials conspired to deny him of his due process rights. Finally, plaintiff alleged officials violated his rights by denying him visitation, recreation, mail, and access to the courts. Plaintiff later filed a supplemental complaint in which he claimed that his rights were violated by being classified as a ""Special Offender"" on the basis of his escape attempt. The District Court dismissed the supplemental complaint for failure to state a claim and referred to its December 1987 order when dismissing the other allegations.

Plaintiff appealed the decision to the Seventh Circuit (Judges Richard Poser, Michael Kanne, and Joel Flaim) in 1991 and the District Court decision was affirmed except for the claim of conspiracy to deny plaintiff a fair hearing. Moore v. Final Reviewing Auth., 1991 WL 37787 (7th Cir.(Ind.)). This claim was remanded to the District Court and the parties reached a settlement. The terms of the 1992 settlement stipulated that plaintiff's earlier guilty verdict by the disciplinary board would not affect his future classification and would be kept in a classified portion of his file.

In 1997, plaintiff learned that his offense had not been kept confidential and asked officials directly to correct the situation. When they refused, plaintiff moved, still acting pro se, but with assistance from the Valparaiso University Law Clinic, for defendants to be held in contempt and asked for monetary damages. Prison officials then acted without order and moved plaintiff's earlier record into a confidential folder. The District Court (Judge Sharp) declined to find the prison officials in contempt and refused to award damages. On appeal to the Seventh Circuit (Judges William Bauer, Frank Easterbrook, and Kenneth Ripple), the District Court's decision was affirmed, but the order for plaintiff to pay costs was reversed. Moore v. Final Reviewing Auth., 2000 U.S. App. LEXIS 3702 (7th Cir, March 7, 2000).

Apparently, during the pendency of the appeal, defendants put the disputed material back in the plaintiff's file; on the Court of Appeals' suggestion, he renewed his contempt motion but it was denied. There the docket ends.

Summary Authors

John Maksymonko (8/12/2005)

People


Judge(s)

Bauer, William Joseph (Illinois)

Easterbrook, Frank Hoover (Illinois)

Flaum, Joel Martin (Illinois)

Kanne, Michael Stephen (Indiana)

Attorney for Plaintiff
Attorney for Defendant

Perkin, Thomas D. (Indiana)

Documents in the Clearinghouse

Documents in this case

3:87-cv-00420

Docket (PACER)

Oct. 6, 2000

Oct. 6, 2000

Docket

90-02535

Order

Moore v. Final Reviewing Authority Board

U.S. Court of Appeals for the Seventh Circuit

March 20, 1991

March 20, 1991

Order/Opinion

928 F.2d 407

98-04276

Order

Moore v. Final Reviewing Authority Board

U.S. Court of Appeals for the Seventh Circuit

March 7, 2000

March 7, 2000

Order/Opinion

210 F.3d 375

Docket

Last updated March 24, 2025, 8:03 a.m.

ECF Number Date Description Link
120 March 27, 1998

MOTION by plaintiff William W Moore for contempt for refusal to comply with agreed settlement and order (Court Employee) Modified on 03/31/1998 (Entered: 03/31/1998)

PACER
March 27, 1998

REMARK all prior entries are on the paper docket (Court Employee) (Entered: 03/31/1998)

PACER
121 April 2, 1998

ORDER by Judge Allen Sharp ORDERING clerk to send copy of motion for contempt to IAG; ; IAG to reply to plts's contempt complaint in writing by 5/5/98 (cc: all counsel) (Court Employee) (Entered: 04/06/1998)

PACER
122 April 10, 1998

ATTORNEY APPEARANCE for defendant Final Reviewing Auth, defendant Comr IN Dept Corr, defendant Jack R Duckworth, defendant Capt Kimmel, defendant H Abbott Jr, defendant Johnson, defendant John Nunn by David L Steiner (Court Employee) (Entered: 04/14/1998)

PACER
123 April 10, 1998

MOTION by defendant Final Reviewing Auth, defendant Comr IN Dept Corr, defendant Jack R Duckworth, defendant Capt Kimmel, defendant H Abbott Jr, defendant Johnson, defendant John Nunn to extend time to/including 5/13/98 to respond to petr's motion for contempt for refusal to comply w/agreed settlement (Court Employee) (Entered: 04/14/1998)

PACER
124 April 10, 1998

ORDER by Judge Allen Sharp granting motion to extend time to/including 5/13/98 to respond to petr's motion for contempt for refusal to comply w/agreed settlement [123-1] (cc: all counsel) (Court Employee) (Entered: 04/14/1998)

PACER
125 May 13, 1998

ATTORNEY SUBSTITUTION: terminating attorney David L Steiner for John Nunn, attorney David L Steiner for Johnson, attorney David L Steiner for H Abbott Jr, attorney David L Steiner for Capt Kimmel, attorney David L Steiner for Jack R Duckworth, attorney David L Steiner for Comr IN Dept Corr, attorney David L Steiner for Final Reviewing Auth and substituting attorney Wayne E Uhl (Court Employee) (Entered: 05/14/1998)

PACER
126 May 13, 1998

RESPONSE by defendant Final Reviewing Auth, defendant Comr IN Dept Corr, defendant Jack R Duckworth, defendant Capt Kimmel, defendant H Abbott Jr, defendant Johnson, defendant John Nunn to motion for contempt for refusal to comply with agreed settlement and order [120-1] (Court Employee) (Entered: 05/14/1998)

PACER
127 May 13, 1998

MOTION by defendants to seal certain evidentiary materials (Court Employee) (Entered: 05/14/1998)

PACER
128 May 14, 1998

ORDER by Judge Allen Sharp granting motion to seal certain evidentiary materials [127-1] (cc: all counsel) (Court Employee) (Entered: 05/15/1998)

PACER
129 May 22, 1998

MOTION by plaintiff William W Moore for leave to file reply to defts' response and pltf's motion for extension of time (Court Employee) (Entered: 05/27/1998)

PACER
130 June 1, 1998

ORDER by Judge Allen Sharp granting motion for leave to file reply to defts' response and pltf's motion for extension of time [129-1] to 6/21/98 (cc: all counsel) (Court Employee) (Entered: 06/01/1998)

PACER
131 June 1, 1998

REPLY by plaintiff William W Moore re [126-1] (Court Employee) (Entered: 06/01/1998)

PACER
132 June 18, 1998

MOTION by defendant Final Reviewing Auth, defendant Comr IN Dept Corr, defendant Jack R Duckworth, defendant Capt Kimmel, defendant H Abbott Jr, defendant Johnson, defendant John Nunn to extend time to 7/17/98 to file memo in support of their response to request for contempt citation (Court Employee) (Entered: 06/18/1998)

PACER
133 June 18, 1998

ORDER by Judge Allen Sharp granting motion to extend time to 7/17/98 to file memo in support of their response to request for contempt citation [132-1] (cc: all counsel) (Court Employee) (Entered: 06/18/1998)

PACER
134 July 17, 1998

RESPONSE by defendant Final Reviewing Auth, defendant Comr IN Dept Corr, defendant Jack R Duckworth, defendant Capt Kimmel, defendant H Abbott Jr, defendant Johnson, defendant John Nunn to reply [131-1] (Court Employee) (Entered: 07/22/1998)

PACER
135 Aug. 21, 1998

MOTION by plaintiff William W Moore for temporary restraining order (Court Employee) (Entered: 08/24/1998)

PACER
136 Aug. 21, 1998

MEMORANDUM by plaintiff William W Moore in support of motion for temporary restraining order [135-1] (Court Employee) (Entered: 08/24/1998)

PACER
137 Aug. 21, 1998

AFFIDAVIT of William Moore Bey to motion for temporary restraining order [135-1] (Court Employee) (Entered: 08/24/1998)

PACER
138 Sept. 9, 1998

MEMORANDUM AND ORDER: by Judge Allen Sharp denying motion for contempt for refusal to comply with agreed settlement and order [120- 1] and ORDERS deft Commissioner of IN DOC ensure that records in pltf's confidential packet cover by Agreed Order in case be grouped and fastened together and that copy of agreed entry and this order be fastened to those records to prevent future inadvertent inappropriate transfer of these records (cc: all counsel) (Court Employee) (Entered: 09/10/1998)

PACER
139 Sept. 25, 1998

MOTION by plaintiff William W Moore to alter or amend court's Memorandum and Order of 9/9/98 (mjk) (Entered: 09/28/1998)

PACER
140 Oct. 2, 1998

MEMORANDUM AND ORDER by Judge Allen Sharp: ddl set for 11/2/98 for Attorney General of Indiana to respond to motion to amend [139-1] (cc: all counsel, Professor Vandercoy) (mjk) (Entered: 10/02/1998)

PACER
141 Oct. 30, 1998

VERIFIED RESPONSE by defendants to motion to alter or amend court's Memorandum and Order of 9/9/98 [139-1] (slm) (Entered: 10/30/1998)

PACER
142 Nov. 10, 1998

MEMORANDUM AND ORDER: by Judge Allen Sharp granting summary judgment for defts and against plaintiff; costs are assessed against pltf (cc: all counsel) (Court Employee) (Entered: 11/12/1998)

PACER
143 Nov. 18, 1998

CLERK'S ENTRY OF JUDGMENT for defendant Final Reviewing Auth, defendant Comr IN Dept Corr, defendant Jack R Duckworth, defendant Capt Kimmel, defendant H Abbott Jr, defendant Johnson, defendant John Nunn against plaintiff William W Moore regarding [142- 1]; costs assessed against the plaintiff (cc: all counsel) (Court Employee) (Entered: 11/18/1998)

PACER
144 Nov. 19, 1998

MOTION by plaintiff William W Moore for evidentiary hearing (Court Employee) (Entered: 11/23/1998)

PACER
145 Dec. 21, 1998

NOTICE OF APPEAL by plaintiff William W Moore from Dist. Court decision [143-1] (cc: all counsel) (Court Employee) (Entered: 12/23/1998)

PACER
146 Dec. 21, 1998

DESIGNATION of record on appeal by pltf (Court Employee) (Entered: 12/23/1998)

PACER
147 Dec. 21, 1998

Docketing Statement by plaintiff William W Moore (Court Employee) (Entered: 12/23/1998)

PACER
148 Dec. 21, 1998

MOTION by plaintiff William W Moore to proceed in forma pauperis on appeal (Court Employee) (Entered: 12/23/1998)

PACER
149 Dec. 23, 1998

Short record sent to USCA (Court Employee) (Entered: 12/23/1998)

PACER
150 Jan. 5, 1999

NOTIFICATION by Circuit Court of Appellate Docket Number 98-4276 (Court Employee) (Entered: 01/06/1999)

PACER
151 Jan. 12, 1999

LETTER from plaintiff William W Moore requesting Transcript Information sheet; form sent (Court Employee) (Entered: 01/22/1999)

PACER
152 Feb. 24, 1999

MEMORANDUM AND ORDER: by Judge Allen Sharp granting motion to proceed in forma pauperis on appeal; pltf to pay initial partial filing fee of $22.76; and payments of 20% of preceding month's income when account is over $10.00, clerk to mail copy to Supt WVCF [148-1] (cc: all counsel) (Court Employee) (Entered: 02/25/1999)

PACER
153 Feb. 25, 1999

LETTER from plaintiff requesting status of IFP & copy of docket (copy sent) (Court Employee) (Entered: 03/01/1999)

PACER
154 June 21, 1999

COPY of Appellate Court Order: appellant to show cause by 6/28/99 why appeal should not be dismissed for failure to prosecute (Court Employee) (Entered: 06/22/1999)

PACER
155 July 12, 1999

MANDATE from Circuit Court of Appeals dismissing the appeal for failure to pay filing fee [145-1] (slm) (Entered: 07/13/1999)

PACER
July 26, 1999

PARTIAL FILING FEE PAID on 7/26/99 in the amount of $ 22.76 receipt # 3134732. New Balance Due $ 82.24. (Court Employee) (Entered: 07/26/1999)

PACER
156 July 27, 1999

LETTER of transmittal to USCA of receipt for initial partial filing fee (Court Employee) (Entered: 07/28/1999)

PACER
157 Aug. 2, 1999

COPY of Appellate Court Order: granting motion to recall mandate and vacating mandate of 7/8/99 and this appeal is reinstated (Court Employee) (Entered: 08/03/1999)

PACER
158 Aug. 6, 1999

COPY of Appellate Court Order: that appellant has to 8/16/99 to file memo why appeal is late;, request extention of time in district court, or file notarised statement of the mailing of the appeal (Court Employee) (Entered: 08/09/1999)

PACER
159 Aug. 20, 1999

COPY of Appellate Court Order: briefing schedule to proceed (Court Employee) (Entered: 08/24/1999)

PACER
160 Nov. 18, 1999

MOTION by plaintiff William W Moore for relief pursuant to Rule 60(b) for relief from order of 11/10/98 (sdf) Modified on 11/23/1999 (Entered: 11/19/1999)

PACER
161 Nov. 22, 1999

CLERK'S record on appeal transmitted to Circuit [145-1] Shipping: UPS Volumes: 1 vol pre-appeal, 1 vol post-appeal, 1 prior appeal record #90- 2535 (Court Employee) Modified on 11/23/1999 (Entered: 11/23/1999)

PACER
163 Dec. 20, 1999

MOTION by plaintiff William W Moore for ruling on pltf's 11/18/99 motion pursuant to Rule 60(b) (Court Employee) (Entered: 12/21/1999)

PACER
164 Dec. 21, 1999

ORDER by Judge Allen Sharp finding the motion for ruling on pltf's 11/18/99 motion pursuant to Rule 60(b) [163-1] moot; order of 12/1/99 stands. (cc: all counsel) (Court Employee) (Entered: 12/21/1999)

PACER
165 March 27, 2000

MOTION by plaintiff William W Moore for contempt for refusal to comply with agreed settlement and orders (Court Employee) (Entered: 03/28/2000)

PACER
166 March 30, 2000

MANDATE from Circuit Court of Appeals modifying the judgment by deleting the award of costs & otherwise affirming the decision of the District Court [145-1]; Record returned consisting of: 3 volumes pleadings (copy to chambers) (mjk) (Entered: 03/31/2000)

PACER
167 April 27, 2000

LETTER from plaintiff William W Moore re motion for contempt for refusal to comply with agreed sesttlement and orders (Court Employee) (Entered: 04/27/2000)

PACER
168 May 15, 2000

LETTER from plaintiff William W Moore requesting last page docket; sent (Court Employee) (Entered: 05/17/2000)

PACER
169 June 23, 2000

MOTION by plaintiff William W Moore for ruling on on renewed motion for contempt for refusal to comply with agreed settlement and orders (Court Employee) (Entered: 06/26/2000)

PACER
170 June 30, 2000

ORDER by Judge Allen Sharp ; Brief ddl set for 8/7/00 for IAG to respond to pltf's motions Number of pages: 2 (cc: all counsel) (Court Employee) (Entered: 06/30/2000)

PACER
171 Aug. 4, 2000

MOTION by defendant Final Reviewing Auth, defendant Comr IN Dept Corr, defendant Jack R Duckworth, defendant Capt Kimmel, defendant H Abbott Jr, defendant Johnson, defendant John Nunn to extend time to/including 9/7/00 to respond tp pltf's motion for contempt (Court Employee) (Entered: 08/07/2000)

PACER
172 Aug. 4, 2000

ORDER by Judge Allen Sharp granting motion to extend time to/including 9/7/00 to respond tp pltf's motion for contempt [171-1] Number of pages: 1 (cc: all counsel) (Court Employee) (Entered: 08/07/2000)

PACER
173 Sept. 7, 2000

MOTION by defendant Final Reviewing Auth, defendant Comr IN Dept Corr, defendant Jack R Duckworth, defendant Capt Kimmel, defendant H Abbott Jr, defendant Johnson, defendant John Nunn to extend time to/including 9/22/00 to respond to pltf' motion for contempt (Court Employee) (Entered: 09/11/2000)

PACER
174 Sept. 7, 2000

ORDER by Judge Allen Sharp granting motion to extend time to/including 9/22/00 to respond to pltf' motion for contempt [173-1] Number of pages: 1 (cc: all counsel) (Court Employee) (Entered: 09/11/2000)

PACER
175 Sept. 22, 2000

RESPONSE by defendant to motion for ruling on on renewed motion for contempt for refusal to comply with agreed settlement and orders [169-1] (Court Employee) (Entered: 09/23/2000)

PACER
176 Sept. 25, 2000

ORDER by Judge Allen Sharp denying renewed motion for contempt [165-1]; terminating motion for ruling [169-1] Number of pages: 2 (cc: all counsel) (mjk) (Entered: 09/26/2000)

PACER
177 Sept. 28, 2000

TENDER OF ORIGINAL DECLARATION of Jack Hendrix (attached) by defendant in support of [175-1] (mjk) (Entered: 09/29/2000)

PACER
178 Oct. 6, 2000

REPLY by plaintiff William W Moore to deft's response to renewed motion for contempt re [175-1] (lpw) (Entered: 10/06/2000)

PACER

Case Details

State / Territory:

Indiana

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 20, 1987

Closing Date: Sept. 25, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate at the Indiana State Prison alleging that the defendants violated his sixth, eighth, and fourteenth amendment rights in the course of conducting a disciplinary hearing before the conduct adjustment board

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

John Nunn

State

Commissioner of the Indiana Department of Corrections

Final Reviewing Authority Board and Members

Indiana State Police Captain

Indiana State Police Investigator

Indiana State Prison Conduct Adjustment Board Chairman and Members

Superintendent of the Indiana State Prison

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Other Dockets:

Northern District of Indiana 3:87-cv-00420

U.S. Court of Appeals for the Seventh Circuit 90-02535

U.S. Court of Appeals for the Seventh Circuit 98-04276

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Classification / placement

Disciplinary procedures

Recommended Citation