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)

Posner, Richard Allen (Illinois)

Ripple, Kenneth Francis (Indiana)

Sharp, Allen (Indiana)

Attorneys(s) for Plaintiff

Vandercoy, David E. (Indiana)

Attorneys(s) for Defendant

Perkin, Thomas D. (Indiana)

Steiner, David L. (Indiana)

Judge(s)

Bauer, William Joseph (Illinois)

Easterbrook, Frank Hoover (Illinois)

Flaum, Joel Martin (Illinois)

Kanne, Michael Stephen (Indiana)

Posner, Richard Allen (Illinois)

Ripple, Kenneth Francis (Indiana)

Sharp, Allen (Indiana)

Attorneys(s) for Plaintiff

Vandercoy, David E. (Indiana)

Attorneys(s) for Defendant

Perkin, Thomas D. (Indiana)

Steiner, David L. (Indiana)

Uhl, Wayne Elliott (Indiana)

Documents in the Clearinghouse

Document

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

928 F.2d 407, 1991 WL 37787, 1991 U.S.App.LEXIS 8956

March 20, 1991

March 20, 1991

Order/Opinion

98-04276

Order

Moore v. Final Reviewing Authority Board

U. S. Court of Appeals for the Seventh Circuit

210 F.3d 375, 2000 WL 266491

March 7, 2000

March 7, 2000

Order/Opinion

Resources

Docket

Last updated Aug. 10, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
120

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)

March 27, 1998

March 27, 1998

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

March 27, 1998

March 27, 1998

121

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)

April 2, 1998

April 2, 1998

122

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)

April 10, 1998

April 10, 1998

123

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)

April 10, 1998

April 10, 1998

124

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)

April 10, 1998

April 10, 1998

125

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)

May 13, 1998

May 13, 1998

126

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)

May 13, 1998

May 13, 1998

127

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

May 13, 1998

May 13, 1998

128

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

May 14, 1998

May 14, 1998

129

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)

May 22, 1998

May 22, 1998

130

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)

June 1, 1998

June 1, 1998

131

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

June 1, 1998

June 1, 1998

132

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)

June 18, 1998

June 18, 1998

133

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)

June 18, 1998

June 18, 1998

134

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)

July 17, 1998

July 17, 1998

135

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

Aug. 21, 1998

Aug. 21, 1998

136

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

Aug. 21, 1998

Aug. 21, 1998

137

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

Aug. 21, 1998

Aug. 21, 1998

138

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)

Sept. 9, 1998

Sept. 9, 1998

139

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

Sept. 25, 1998

Sept. 25, 1998

140

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)

Oct. 2, 1998

Oct. 2, 1998

141

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)

Oct. 30, 1998

Oct. 30, 1998

142

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)

Nov. 10, 1998

Nov. 10, 1998

143

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)

Nov. 18, 1998

Nov. 18, 1998

144

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

Nov. 19, 1998

Nov. 19, 1998

145

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

Dec. 21, 1998

Dec. 21, 1998

146

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

Dec. 21, 1998

Dec. 21, 1998

147

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

Dec. 21, 1998

Dec. 21, 1998

148

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

Dec. 21, 1998

Dec. 21, 1998

149

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

Dec. 23, 1998

Dec. 23, 1998

150

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

Jan. 5, 1999

Jan. 5, 1999

151

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

Jan. 12, 1999

Jan. 12, 1999

152

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)

Feb. 24, 1999

Feb. 24, 1999

153

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

Feb. 25, 1999

Feb. 25, 1999

154

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)

June 21, 1999

June 21, 1999

155

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

July 12, 1999

July 12, 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)

July 26, 1999

July 26, 1999

156

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

July 27, 1999

July 27, 1999

157

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)

Aug. 2, 1999

Aug. 2, 1999

158

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)

Aug. 6, 1999

Aug. 6, 1999

159

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

Aug. 20, 1999

Aug. 20, 1999

160

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)

Nov. 18, 1999

Nov. 18, 1999

161

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)

Nov. 22, 1999

Nov. 22, 1999

163

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)

Dec. 20, 1999

Dec. 20, 1999

164

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)

Dec. 21, 1999

Dec. 21, 1999

165

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

March 27, 2000

March 27, 2000

166

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)

March 30, 2000

March 30, 2000

167

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)

April 27, 2000

April 27, 2000

168

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

May 15, 2000

May 15, 2000

169

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)

June 23, 2000

June 23, 2000

170

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)

June 30, 2000

June 30, 2000

171

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)

Aug. 4, 2000

Aug. 4, 2000

172

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)

Aug. 4, 2000

Aug. 4, 2000

173

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)

Sept. 7, 2000

Sept. 7, 2000

174

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)

Sept. 7, 2000

Sept. 7, 2000

175

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)

Sept. 22, 2000

Sept. 22, 2000

176

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)

Sept. 25, 2000

Sept. 25, 2000

177

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

Sept. 28, 2000

Sept. 28, 2000

178

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

Oct. 6, 2000

Oct. 6, 2000

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

John Nunn, Private Entity/Person

Final Reviewing Authority Board and Members, State

Commissioner of the Indiana Department of Corrections, State

Superintendent of the Indiana State Prison, State

Indiana State Police Captain, State

Indiana State Police Investigator, State

Indiana State Prison Conduct Adjustment Board Chairman and Members, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

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: 1992 - None

Issues

General:

Classification / placement

Disciplinary procedures

Type of Facility:

Government-run