Case: Arney v. Bennett

3:77-cv-03045 | U.S. District Court for the District of Kansas

Filed Date: Feb. 23, 1977

Clearinghouse coding complete

Case Summary

On February 23, 1977, inmates of state prisons in Lansing and Hutchinson, Kansas filed a class action lawsuit pursuant to 42 U.S.C. § 1983 against the State of Kansas in the United States District Court for the District of Kansas. The plaintiffs, represented by the Washburn University School of Law Legal Clinic and Legal Services for Prisoners, alleged that prison overcrowding violated their constitutional rights. The prisoners claimed that double-celling, outdoor dormitories, the conditions …

On February 23, 1977, inmates of state prisons in Lansing and Hutchinson, Kansas filed a class action lawsuit pursuant to 42 U.S.C. § 1983 against the State of Kansas in the United States District Court for the District of Kansas. The plaintiffs, represented by the Washburn University School of Law Legal Clinic and Legal Services for Prisoners, alleged that prison overcrowding violated their constitutional rights. The prisoners claimed that double-celling, outdoor dormitories, the conditions of protective custody, the conditions of administrative segregation, and inadequate mental health care, endangered their health, safety, and welfare.

On May 15, 1980, the parties entered a consent decree, under which the State agreed to ask the American Correctional Association to accredit the Kansas State Penitentiary (later renamed the Lansing Correctional Facility) and to house inmates in individual cells or closely-supervised shared rooms. Once the Penitentiary was accredited, the plaintiffs would dismiss their complaint.

On January 26, 1988, the plaintiffs asked the United States District Court for the District of Kansas (Judge Richard D. Rogers) to modify and enforce the consent decree. On February 15, 1989, the court ordered the State to develop short- and long-term plans to address the prison's weakness in respect to mentally ill inmates, protective custody, and administrative segregation. On April 13, 1989, the court also compelled the State to strategically address overcrowding. One element of the State's long-term plan was the construction of the El Dorado Correctional Facility. On May 17, 1991, the court approved double-celling and population increases for some Kansas prisons, but not for others. Arney v. Finney, 766 F. Supp. 934 (D. Kan. 1991).

Once the El Dorado Correctional Facility was constructed, Kansas began relocating inmates from overcrowded facilities. The State limited the quantity of personal property including legal work that each prisoner could move. Because the court believed that the plaintiffs' claim was weak, the court refused to issue a temporary restraining order enjoining the prison to transfer all legal materials. Porter v. Finney, No. 77-3045-R, 1991 WL 284141 (D. Kan. Dec. 9, 1991).

On June 28, 1994, the court interpreted the State's long-term plan for improving administrative segregation to require that the State determine prison privileges for each segregated inmate individually. Porter v. Finney, 857 F. Supp. 65 (D. Kan. 1994). On December 19, 1995, the court tentatively approved the State's request to resume double-celling in accordance with standards promulgated by the American Correctional Association. Porter v. Graves, No. 77-3045-RDR, 1995 WL 775301 (D. Kan. Dec. 19, 1995). The court reasoned that consent decrees and court orders should be interpreted in the spirit they were intended, and that the intent was to force Kansas prisons to meet national standards for prison quality.

The court also ruled on a number of petitions addressed to intervener status and pleadings entered by unnamed plaintiffs. Porter v. Finney, No. 77-3045-R, 1991 WL 126724 (D. Kan. June 28, 1991), Arney v. Finney, 967 F.2d 418 (10th Cir. 1992), Porter v. Finney, No. 77-3045-R, 1991 WL 264514 (D. Kan. Nov. 4, 1991). We have no additional information on this case.

Summary Authors

Elizabeth Chilcoat (6/2/2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5208347/parties/porter-v-graves/


Judge(s)

Brorby, Wade (Wyoming)

Moore, Alfred (District of Columbia)

Rogers, Richard Dean (Kansas)

Tacha, Deanell Reece (Kansas)

Attorneys(s) for Plaintiff

Corrin, Dwight A. (Kansas)

Kaye, Michael (Kansas)

Kessler, Stephen W. (Kansas)

Moots, Lisa Nathanson (Kansas)

Nathanson, Lisa (Kansas)

Rich, William J. (Kansas)

Judge(s)

Brorby, Wade (Wyoming)

Moore, Alfred (District of Columbia)

Rogers, Richard Dean (Kansas)

Tacha, Deanell Reece (Kansas)

Attorneys(s) for Plaintiff

Corrin, Dwight A. (Kansas)

Kaye, Michael (Kansas)

Kessler, Stephen W. (Kansas)

Moots, Lisa Nathanson (Kansas)

Nathanson, Lisa (Kansas)

Rich, William J. (Kansas)

Theis, Roger M. (Kansas)

Attorneys(s) for Defendant

Bonebrake, Carol R. (Kansas)

Case, Kevin D. (Kansas)

Knoll, John J. (Kansas)

Logback, Lawrence J. (Kansas)

Maddan, Timothy G. (Kansas)

Madden, Timothy G. (Kansas)

Simmons, Charles E. (Kansas)

Stephen, Robert T. (Kansas)

Stratton, Wayne T. (Kansas)

Documents in the Clearinghouse

Document

3:77-cv-03045

Docket (PACER)

Arney v. Hayden

April 6, 2005

April 6, 2005

Docket
350

3:77-cv-03045

Memorandum and Order

Arney v. Finney

766 F.Supp. 934, 1991 U.S.Dist.LEXIS 7924

May 17, 1991

May 17, 1991

Order/Opinion
360

3:77-cv-03045

Memorandum and Order

Porter v. Finney

1991 WL 126724, 1991 U.S.Dist.LEXIS 9119

June 28, 1991

June 28, 1991

Order/Opinion
402

3:77-cv-03045

Memorandum and Order

Porter v. Finney

1991 WL 264514, 1991 U.S.Dist.LEXIS 17736

Nov. 4, 1991

Nov. 4, 1991

Order/Opinion
411

3:77-cv-03045

Memorandum and Order

Porter v. Finney

1991 WL 284141, 1991 U.S.Dist.LEXIS 19008

Dec. 9, 1991

Dec. 9, 1991

Order/Opinion

91-03235

91-03295

91-03237

Reported Opinion

Arney v. Finney

U. S. Court of Appeals for the Tenth Circuit

967 F.2d 418, 1992 U.S.App.LEXIS 13906

June 18, 1992

June 18, 1992

Order/Opinion
505

3:77-cv-03045

Memorandum and Order

Porter v. Finney

857 F.Supp. 65, 1994 U.S.Dist.LEXIS 8973

June 28, 1994

June 28, 1994

Order/Opinion
582

3:77-cv-03045

Memorandum and order

Porter v. Graves

1995 WL 775301, 1995 U.S.Dist.LEXIS 19662

Dec. 19, 1995

Dec. 19, 1995

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5208347/porter-v-graves/

Last updated Aug. 1, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
319

MOTION by defendant to enlarge operating capacities established by the order entered 4/13/89 (ICMSUSER) (Entered: 04/04/1991)

March 18, 1991

March 18, 1991

694

MEMORANDUM AND ORDER ENTERED: Movants' motions to enforce consent decree, treated as motions to intervene, are denied. Signed by Senior District Judge Sam A. Crow on 11/05/15. Mailed to pro se movants by regular mail. (smnd)

Nov. 5, 2015

Nov. 5, 2015

RECAP
713

Order

1 Exhibits

View on PACER

Nov. 27, 2019

Nov. 27, 2019

PACER
320

MEMORANDUM in support by defendant re: motion to enlarge operating capacities established by the order entered 4/13/89 [319-1] (ICMSUSER) (Entered: 04/04/1991)

March 18, 1991

March 18, 1991

714

Order

1 Exhibits

View on PACER

Dec. 4, 2019

Dec. 4, 2019

PACER
325

MOTION by plaintiff to terminate case (DO) (Entered: 04/04/1991)

March 28, 1991

March 28, 1991

715

Order

1 Exhibits

View on PACER

Dec. 5, 2019

Dec. 5, 2019

PACER
322

MOTION by plaintiff to withdraw as litigating plaintiff and class representative. (DO) (Entered: 04/04/1991)

March 29, 1991

March 29, 1991

323

MOTION by plaintiff for temporary restraining order , and order to show cause for a preliminary injunction (DO) (Entered: 04/04/1991)

March 29, 1991

March 29, 1991

716

Order

1 Exhibits

View on PACER

Dec. 10, 2019

Dec. 10, 2019

PACER
717

Order

1 Exhibits

View on PACER

Dec. 11, 2019

Dec. 11, 2019

PACER
324

NOTICE of address to court conditions of confinement by plaintiff (DO) (Entered: 04/04/1991)

March 29, 1991

March 29, 1991

327

NOTICE by plaintiff of termination of attorneys (ICMSUSER) (Entered: 04/10/1991)

April 8, 1991

April 8, 1991

718

ORDER ENTERED: The court denies the motions and amended motion for new counsel. Doc. Nos. 713 , 714 , 715 , 716 and 717 . Signed by U.S. District Senior Judge Sam A. Crow on 12/13/19. Mailed to pro se party Artis Swafford, Reginald D. Stewart, D'Andre Williams and Daniel P. Parker by regular mail. (smnd)

Dec. 13, 2019

Dec. 13, 2019

RECAP
719

Reconsideration

Jan. 6, 2020

Jan. 6, 2020

PACER
328

MOTION by plaintiff to substitute parties--as defts Joan Finney, Steven Davies, Ray Roberts; as pltfs Leslie Kimball, Rickey Ray Redford, Robert DeMass, Richard Snell, Thomas Porter, Dennis House, Robert Smith, Lyle C. Sanders, Donald E. Alexander, Anthony R. Palocioz, Joseph F. Edwards (ICMSUSER) (Entered: 04/10/1991)

April 8, 1991

April 8, 1991

720

Reconsideration

Jan. 6, 2020

Jan. 6, 2020

PACER
329

MOTION by plaintiff to substitute parties--as pltfs Lyle C. Sanders, Donald E. Alexander, Anthony R. Palocioz, Joseph F. Edwards (ICMSUSER) Modified on 04/11/1991 (Entered: 04/10/1991)

April 8, 1991

April 8, 1991

721

Reconsideration

Jan. 7, 2020

Jan. 7, 2020

PACER
330

MINUTE SHEET: Topeka, KS - re defts' motion to enlarge operating capacities established by 4/13/89 order [319-1]; re pltfs' motion for substitution of parties [328-1]; re pltfs' motion for substitution of parties [329-1] (ICMSUSER) (Entered: 04/11/1991)

April 8, 1991

April 8, 1991

331

ORDER ENTERED: by Senior Judge Richard D. Rogers re: defts' motion to enlarge operating capacities established by the order entered 4/13/89 [319-1]. This order is considered tentative for purpose of providing notice to class of inmates represented; parties directed to post notice of this tentative order for 14 days. Objections will be considered if filed in writing w/clerk of court by 4/23/91. Final order will issue after that date. (cc: all counsel) (ICMSUSER) (Entered: 04/11/1991)

April 8, 1991

April 8, 1991

722

Reconsideration

Jan. 8, 2020

Jan. 8, 2020

PACER
332

ORDER ENTERED: by Senior Judge Richard D. Rogers granting motion to substitute parties [329-1]; substituting party Mike Hayden and adding Joan (nmi) Finney, Steven J Davies, Raymond (nmi) Roberts as defts, & Leslie Kimball, Rickey Ray Redford, Robert (nmi) DeMass, Richard (nmi) Snell, Thomas H Porter, Dennis (nmi) House, Robert Francis Smith Jr., Lyle C Sanders, Donald E Alexander, Anthony R Palocioz, Joseph F Edwards as pltfs; granting motion to substitute parties [328-1] (cc: all counsel) (ICMSUSER) (Entered: 04/11/1991)

April 8, 1991

April 8, 1991

333

MOTION by Wayne T Stratton to withdraw as attorney for defts (ICMSUSER) (Entered: 04/11/1991)

April 9, 1991

April 9, 1991

334

ORDER ENTERED: by Senior Judge Richard D. Rogers granting Wayne T Stratton's motion to withdraw as attorney for defts [333-1] (cc: all counsel) (ICMSUSER) (Entered: 04/11/1991)

April 11, 1991

April 11, 1991

335

OBJECTIONS by plaintiffs re: 4/8/91 order [331-1] (ICMSUSER) (Entered: 04/17/1991)

April 17, 1991

April 17, 1991

336

NOTICE setting hearing on tentative order [331-1] at 9:30 a.m. on 5/7/91 (cc: all counsel) (ICMSUSER) (Entered: 04/23/1991)

April 23, 1991

April 23, 1991

337

ORDER ENTERED: by Senior Judge Richard D. Rogers. Clerk to issue writ of habeas corpus ad testificandum for Jouett Edgar Arney to appear before Judge Rogers 5/7/91 at 1:30 p.m. (cc: all counsel) (ICMSUSER) (Entered: 04/23/1991)

April 23, 1991

April 23, 1991

WRIT of habeas corpus ad testificandum issued by Clerk. Jouett Edgar Arney to appear before Judge Rogers on 5/7/91 at 1:30 p.m. (cc: Warden, KSP; Dept of Corrections) (ICMSUSER) Modified on 04/26/1991 (Entered: 04/23/1991)

April 23, 1991

April 23, 1991

339

MOTION by plaintiff Jouett Edgar Arney to intervene (ICMSUSER) (Entered: 04/24/1991)

April 23, 1991

April 23, 1991

338

NOTICE setting hearing on tentative order [331-1] at 1:30 p.m. on 5/7/91 (cc: all counsel) (ICMSUSER) (Entered: 04/24/1991)

April 24, 1991

April 24, 1991

Text not available. (Entered: 05/08/1991)

May 7, 1991

May 7, 1991

340

MINUTE SHEET: Topeka, KS - taking under advisement the tentative order [331-1]; taking under advisement pltf's motion to withdraw as litigating plaintiff and class representative [322-1]. Court to issue order. (ICMSUSER) (Entered: 05/08/1991)

May 7, 1991

May 7, 1991

341

MOTION by Daniel Joseph Kirwan to intervene , and for investigation & foreclosure (ICMSUSER) (Entered: 05/08/1991)

May 8, 1991

May 8, 1991

342

RESPONSE by defendants to pltfs' hearing memorandum (ICMSUSER) (Entered: 05/10/1991)

May 10, 1991

May 10, 1991

343

REQUEST by plaintiffs for order to cease & desist (ICMSUSER) (Entered: 05/13/1991)

May 13, 1991

May 13, 1991

344

NOTICE by plaintiff to certify the questions to US Supreme Court (ICMSUSER) (Entered: 05/15/1991)

May 15, 1991

May 15, 1991

345

ADDITIONAL AUTHORITIES by plaintiff in support of res judicata (ICMSUSER) (Entered: 05/15/1991)

May 15, 1991

May 15, 1991

346

MEMORANDUM by plaintiff of attorneys' violations of Kansas Supreme Court disciplinary rules relating to attorneys (ICMSUSER) (Entered: 05/15/1991)

May 15, 1991

May 15, 1991

347

MOTION by plaintiff for temporary restraining order , and/or for preliminary injunction (ICMSUSER) (Entered: 05/15/1991)

May 15, 1991

May 15, 1991

348

BRIEF in support by plaintiff re: motion for temporary restraining order [347-1], re: motion for preliminary injunction [347-2] (ICMSUSER) (Entered: 05/15/1991)

May 15, 1991

May 15, 1991

349

MOTION by plaintiff for hearing (ICMSUSER) (Entered: 05/15/1991)

May 15, 1991

May 15, 1991

350

MEMORANDUM AND ORDER: by Senior Judge Richard D. Rogers granting in part & denying in part as stated in this order, the motion to enlarge operating capacities established by the order entered 4/13/89 [319-1]; denying motion for temporary restraining order [323-1]; denying motion order to show cause for a preliminary injunction [323-2]; denying motion for temporary restraining order [347-1]; denying motion for preliminary injunction [347-2]; denying motion hearing [349-1]; denying motion to terminate case [325-1]; denying notice [327-1]; denying motion to intervene [339-1]; denying motion to intervene [341-1]; denying motion for investigation & foreclosure [341-2]; denying notice [344-1]; granting Arney's motion to withdraw as litigating plaintiff and class representative [322-1]; finding the motion for order to cease & desist [343-1] moot. terminating party Jouett Edgar Arney 16 pages (cc: all counsel) (ICMSUSER) (Entered: 05/17/1991)

May 17, 1991

May 17, 1991

351

MOTION by Lisa (nmi) Nathanson to withdraw as attorney for plaintiffs (ICMSUSER) (Entered: 05/20/1991)

May 17, 1991

May 17, 1991

352

ORDER ENTERED: by Senior Judge Richard D. Rogers granting motion to withdraw as attorney for plaintiffs [351-1] attorney Lisa Nathanson for pltfs Joseph F Edwards, Anthony R Palocioz, Donald E Alexander, Lyle C Sanders, Robert Francis Smith Jr., Dennis (nmi) House, Thomas H Porter, Richard (nmi) Snell, Robert (nmi) DeMass, Rickey Ray Redford, Leslie Keith Kimball (cc: all counsel) (ICMSUSER) (Entered: 05/21/1991)

May 21, 1991

May 21, 1991

353

MOTION by Randall William Murphy for designation as class representative (ICMSUSER) (Entered: 05/24/1991)

May 24, 1991

May 24, 1991

354

MOTION by defendants to clarify court's order of 5/17/91 (ICMSUSER) (Entered: 05/30/1991)

May 30, 1991

May 30, 1991

355

ORDER ENTERED: by Senior Judge Richard D. Rogers granting defts' motion to clarify court's order of 5/17/91 [354-1]; clarified as stated in this order (cc: all counsel) (ICMSUSER) (Entered: 06/10/1991)

June 10, 1991

June 10, 1991

356

APPLICATION & PETITION by plaintiff Jouett Edgar Arney for order of doctrine of res judicata, to terminate court appointment of attys, to substitute class members (ICMSUSER) (Entered: 06/10/1991)

June 10, 1991

June 10, 1991

357

QUESTIONS FOR THE COURT TO DECIDE filed by plaintiff Jouett Edgar Arney re: application & petition for order of doctrine of res judicata, to terminate court appointment of attys, to substitute class members [356-1] (ICMSUSER) (Entered: 06/10/1991)

June 10, 1991

June 10, 1991

361

NOTICE OF APPEAL by plaintiff Jouett Edgar Arney from Dist. Court decision re: 5/17/91 memorandum & order [350-2]. (Pleadings #356 & #357 treated as a notice of appeal per 6/28/91 memorandum & order) (cc: Mr. Arney; all counsel; 10CCA) (ICMSUSER) Modified on 07/01/1991 (Entered: 07/01/1991)

June 10, 1991

June 10, 1991

358

MOTION by Randall William Murphy & plaintiff Jouett Edgar Arney for permission to file out of time notice of appeal (ICMSUSER) (Entered: 06/20/1991)

June 20, 1991

June 20, 1991

359

NOTICE OF APPEAL by plaintiff Jouett Edgar Arney from Dist. Court decision re: 6/10/91 order [355-1] (cc: Jouett E Arney; all counsel; 10CCA) (ICMSUSER) Modified on 06/28/1991 (Entered: 06/28/1991)

June 24, 1991

June 24, 1991

APPEAL FEE STATUS: $105.00 appeal filing fee pending before this court (re: appeal #359) (ICMSUSER) Modified on 07/01/1991 (Entered: 07/01/1991)

June 24, 1991

June 24, 1991

360

MEMORANDUM AND ORDER: by Senior Judge Richard D. Rogers treating pleadings [356-1] & [357-1] as a notice of appeal; granting motion for permission to file out of time notice of appeal [358-1]. Denying request of movants to certify that the order of the court on any issue other than intervention is proper for interlocutory appeal. 3 pages (cc: Jouett E Arney; Randall William Murphy; all counsel) (ICMSUSER) Modified on 07/01/1991 (Entered: 06/28/1991)

June 28, 1991

June 28, 1991

APPEAL FEE STATUS: $105.00 appeal filing fee pending before this court (re: appeal #361) (ICMSUSER) (Entered: 07/01/1991)

June 28, 1991

June 28, 1991

362

NOTICE OF APPEAL by plaintiff Jouett Edgar Arney from Dist. Court decision re: 5/17/91 memorandum & order [350-2]. (See pldg. #360) (cc: Mr. Arney; all counsel; 10CCA) (ICMSUSER) (Entered: 07/01/1991)

June 28, 1991

June 28, 1991

APPEAL FEE STATUS: $105.00 appeal filing fee pending before this court (re: appeal #362) (ICMSUSER) (Entered: 07/01/1991)

June 28, 1991

June 28, 1991

363

STATUS REPORT by defendants (ICMSUSER) (Entered: 07/02/1991)

July 2, 1991

July 2, 1991

364

ORDER ENTERED: by Senior Judge Richard D. Rogers re appeals [362-1], [359-1], [361-1]; appellants to either pay filing fee or complete financial affidavits & return to court for consideration of in forma pauperis status (cc: Mr. Arney; Mr. Murphy; all counsel; USCA) (ICMSUSER) (Entered: 07/03/1991)

July 3, 1991

July 3, 1991

365

NOTICE by defendants of exceeding operating capacity (ICMSUSER) (Entered: 07/11/1991)

July 10, 1991

July 10, 1991

366

MOTION by plaintiffs to substitute parties--Gary Stotts for deft Steven J Davies; withdraw pltf Richard Snell; allow Randall Murphy to intervene as a named class representative (ICMSUSER) (Entered: 07/11/1991)

July 10, 1991

July 10, 1991

367

ORDER ENTERED: by Senior Judge Richard D. Rogers granting pltfs' motion to substitute parties--Gary Stotts for deft Steven J Davies; withdraw pltf Richard Snell; allow Randall Murphy intervene as a named class representative [366-1]; substituting party Steven J Davies and adding Gary Stotts & Randall William Murphy; finding the motion for designation class representative [353-1] moot. terminating party Richard (nmi) Snell (cc: all counsel) (ICMSUSER) (Entered: 07/11/1991)

July 11, 1991

July 11, 1991

368

APPLICATION & petition by pltfs Jouett Edgar Arney & Randall William Murphy for order of contempt of court (ICMSUSER) (Entered: 07/12/1991)

July 11, 1991

July 11, 1991

369

MEMORANDUM of law & evidence in support by Jouett Edgar Arney, Randall William Murphy re: motion for order of contempt of court [368- 1] (ICMSUSER) (Entered: 07/12/1991)

July 11, 1991

July 11, 1991

370

RESPONSE (financial affidavit) by plaintiff Jouett Edgar Arney re: 7/3/91 order [364-1] (ICMSUSER) (Entered: 07/15/1991)

July 15, 1991

July 15, 1991

372

MOTION by movant Robert A Bookless for contempt charges (ICMSUSER) (Entered: 07/16/1991)

July 15, 1991

July 15, 1991

373

AFFIDAVIT of Robert A. Bookless in support of motion for contempt charges [372-1] (ICMSUSER) (Entered: 07/16/1991)

July 15, 1991

July 15, 1991

374

RESPONSE (financial affidavit) by plaintiff Randall William Murphy re: order [364-1] (ICMSUSER) (Entered: 07/16/1991)

July 16, 1991

July 16, 1991

375

RECEIPT FROM USCA of preliminary record on appeal re: appeal [361- 1] & appeal [362-1]. (Per phone conversation with USCA, appeals #361 & #362 treated as one appeal.) (ICMSUSER) (Entered: 07/25/1991)

July 22, 1991

July 22, 1991

376

ORDER ENTERED: by Senior Judge Richard D. Rogers re order [364- 1], re appeal [362-1]; granting Mr. Murphy in forma pauperis status to proceed with the appeal (cc: Mr. Murphy; all counsel; USCA) (ICMSUSER) (Entered: 07/23/1991)

July 23, 1991

July 23, 1991

377

RECEIPT FROM USCA of preliminary record on appeal re: appeal [359- 1] (ICMSUSER) (Entered: 07/25/1991)

July 24, 1991

July 24, 1991

378

APPEAL DOCKETED in 10th Circuit on 7/19/91 (re: appeals #361 & #362) and assigned Dkt No. 91-3235. (Per phone conversation with USCA, appeals #361 & #362 treated as one appeal.) (ICMSUSER) (Entered: 07/25/1991)

July 24, 1991

July 24, 1991

379

APPEAL DOCKETED in 10th Circuit on 7/22/91 re: appeal #359 and assigned Dkt No. 91-3237 (ICMSUSER) (Entered: 07/25/1991)

July 24, 1991

July 24, 1991

380

MOTION by pltfs Jouett Edgar Arney, Randall William Murphy for hearing on pltf's application & petition for order of contempt of court, referred to Senior Judge Richard D. Rogers (ICMSUSER) (Entered: 08/01/1991)

Aug. 1, 1991

Aug. 1, 1991

381

RECEIPT FROM USCA for Record on Appeal, Volumes 1-12 (10, 11 & 12 are original records) re: appeals [362-1], [359-1] & [361-1] (ICMSUSER) (Entered: 08/01/1991)

Aug. 1, 1991

Aug. 1, 1991

382

SUPPLEMENTAL AFFIDAVIT of Robert A Bookless re: motion for contempt charges [372-1] (ICMSUSER) (Entered: 08/09/1991)

Aug. 9, 1991

Aug. 9, 1991

383

ORDER ENTERED: by Senior Judge Richard D. Rogers denying motion for hearing on pltf's application & petition for order of contempt of court [380-1]; denying motion for contempt charges [372-1]; denying motion for order of contempt of court [368-1] (cc: Mr. Arney; Mr. Murphy; Mr. Bookless; all counsel) (ICMSUSER) (Entered: 08/21/1991)

Aug. 21, 1991

Aug. 21, 1991

384

MOTION by plaintiff Jouett Edgar Arney for order to show cause, referred to Senior Judge Richard D. Rogers. [STRICKEN FROM RECORD PER 11/4/91 MEMO & ORDER #402] (ICMSUSER) Modified on 11/05/1991 (Entered: 09/10/1991)

Sept. 10, 1991

Sept. 10, 1991

385

AFFIDAVIT of Jouett E Arney re: motion for order to show cause, referred to Senior Judge Richard D. Rogers [384-1]. [STRICKEN FROM RECORD PER 11/4/91 MEMO & ORDER #402] (ICMSUSER) Modified on 11/05/1991 (Entered: 09/10/1991)

Sept. 10, 1991

Sept. 10, 1991

386

PETITION by plaintiff Jouett Edgar Arney for order of payment of witness fees, referred to Senior Judge Richard D. Rogers (ICMSUSER) (Entered: 09/10/1991)

Sept. 10, 1991

Sept. 10, 1991

387

NOTICE OF APPEAL by pltfs Jouett Edgar Arney & Randall William Murphy from Dist. Court decision re: 8/21/91 order [383-1] (cc: Mr. Arney; Mr. Murphy; all counsel; 10CCA) (ICMSUSER) (Entered: 09/10/1991)

Sept. 10, 1991

Sept. 10, 1991

APPEAL FEE STATUS: in forma pauperis status previously granted to Mr. Arney & Mr. Murphy (see doc. 371 & 376) (ICMSUSER) Modified on 09/11/1991 (Entered: 09/11/1991)

Sept. 10, 1991

Sept. 10, 1991

388

LETTER to court from Timothy G Madden re: appeals #359, #361, #362; requesting supplement to record on appeal for USCA No. 91-3235 & 91- 3237 (ICMSUSER) Modified on 09/13/1991 (Entered: 09/13/1991)

Sept. 11, 1991

Sept. 11, 1991

Preliminary record on appeal (re: appeal #387 filed 9/10/91) sent to USCA (cc: Mr. Arney; Mr. Murphy; all counsel) (ICMSUSER) (Entered: 09/13/1991)

Sept. 13, 1991

Sept. 13, 1991

Supplemental Vol. I sent to USCA per Mr. Madden's request, consisting of pldgs. #6,#69,#351,#388 (re: appeals #359, #361 & #362) (USCA #91-3235 & 91-3237) cc: Mr. Arney; Mr. Murphy; all counsel (ICMSUSER) Modified on 09/17/1991 (Entered: 09/16/1991)

Sept. 16, 1991

Sept. 16, 1991

389

RECEIPT FROM USCA of preliminary record on appeal re: appeal [387- 1] (ICMSUSER) (Entered: 09/26/1991)

Sept. 26, 1991

Sept. 26, 1991

390

APPEAL DOCKETED in 10th Circuit on 9/23/91 re: appeal [#387] and assigned Dkt No. 91-3295 (ICMSUSER) (Entered: 09/26/1991)

Sept. 26, 1991

Sept. 26, 1991

RECORD ON APPEAL transmitted to 10th Circuit; Supplemental Vol. Two (see appeal no. 91-3235 & 91-3237 for Vol. One & Supplemental Vol. One); appeal [387-1] (cc: Mr. Arney; Mr. Murphy; all counsel w/summary of record) (ICMSUSER) (Entered: 09/26/1991)

Sept. 26, 1991

Sept. 26, 1991

391

NOTICE by defendants of operating capacity adjustment (ICMSUSER) (Entered: 09/27/1991)

Sept. 26, 1991

Sept. 26, 1991

392

AFFIDAVIT of Joseph Kirwan (DO) (Entered: 10/03/1991)

Oct. 3, 1991

Oct. 3, 1991

393

RECEIPT FROM USCA of record re: appeal [387-1] (DO) (Entered: 10/07/1991)

Oct. 7, 1991

Oct. 7, 1991

394

MOTION by plaintiff Jouett Edgar Arney & movant Charles O Owens to consolidate cases (88-3125-S & 87-3292-S, with 77-3045-R) referred to Senior Judge Richard D. Rogers (ICMSUSER) (Entered: 10/09/1991)

Oct. 9, 1991

Oct. 9, 1991

395

RECEIPT FROM USCA of Supplemental Vol. One re: appeal [359-1], re: appeal [361-1], re: appeal [362-1] (USCA No. 91-3235 & 91-3237) (ICMSUSER) (Entered: 10/16/1991)

Oct. 16, 1991

Oct. 16, 1991

396

COMPLAINT. [STRICKEN FROM RECORD PER 11/4/91 MEMO & ORDER #402] (ICMSUSER) Modified on 11/05/1991 (Entered: 10/16/1991)

Oct. 16, 1991

Oct. 16, 1991

397

PETITION by plaintiff Jouett Edgar Arney to certify class action referred to Senior Judge Richard D. Rogers. [STRICKEN FROM RECORD PER 11/4/91 MEMO & ORDER #402] (ICMSUSER) Modified on 11/05/1991 (Entered: 10/16/1991)

Oct. 16, 1991

Oct. 16, 1991

398

MOTION by plaintiff Jouett Edgar Arney for preliminary injunction referred to Senior Judge Richard D. Rogers. [STRICKEN FROM RECORD PER 11/4/91 MEMO & ORDER #402] (ICMSUSER) Modified on 11/05/1991 (Entered: 10/16/1991)

Oct. 16, 1991

Oct. 16, 1991

399

AMENDED COMPLAINT [396-1] by plaintiff Jouett Edgar Arney & movant Eric Owen Moore. [STRICKEN FROM RECORD PER 11/4/91 MEMO & ORDER #402] (ICMSUSER) Modified on 11/05/1991 (Entered: 10/22/1991)

Oct. 22, 1991

Oct. 22, 1991

400

REQUEST by plaintiff Jouett Edgar Arney for subpoenas to produce witnesses at trial (36) (ICMSUSER) Modified on 11/01/1991 (Entered: 11/01/1991)

Nov. 1, 1991

Nov. 1, 1991

401

REQUEST by plaintiff Jouett Edgar Arney for subpoenas duces tecum (18) (ICMSUSER) (Entered: 11/01/1991)

Nov. 1, 1991

Nov. 1, 1991

Case Details

State / Territory: Kansas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Feb. 23, 1977

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates of state prisons in Lansing and Hutchinson, Kansas.

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Kansas, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1980 - 0

Issues

General:

Administrative segregation

Protective custody

Type of Facility:

Government-run