Case: Marshno v. McManus

3:79-03146 | U.S. District Court for the District of Kansas

Filed Date: Aug. 1, 1979

Closed Date: Nov. 19, 1980

Clearinghouse coding complete

Case Summary

In 1979, Native American inmates at the Kansas State Penitentiary filed a pro se complaint in the United States District Court for the District of Kansas against corrections officials claiming several statutory and constitutional violations. More specifically, the plaintiffs alleged that the prison officials had violated their First, Eighth, and Fourteenth Amendment rights as well as their rights under the American Indian Religious Freedom Act. The plaintiffs stated that the officials had refu…

In 1979, Native American inmates at the Kansas State Penitentiary filed a pro se complaint in the United States District Court for the District of Kansas against corrections officials claiming several statutory and constitutional violations. More specifically, the plaintiffs alleged that the prison officials had violated their First, Eighth, and Fourteenth Amendment rights as well as their rights under the American Indian Religious Freedom Act.

The plaintiffs stated that the officials had refused them reasonable access to their traditional Native American religion and that they were discriminated against in the rehabilitation process. The American Civil Liberties Union and the Native American Rights Fund agreed to represent the plaintiffs and the two parties entered into a consent decree on November 14, 1980, which included provisions for a sweat lodge, an Indian medicine man, and allowances for religious drum services four times per month.

The only document we have available for this case is a copy of the consent judgment and decree filed on November 17, 1980 and therefore we have no information on subsequent litigation or any other issue.

Summary Authors

Rebekah Henn Sullivan (6/15/2006)

People


Judge(s)

Saffels, Dale Emerson (Kansas)

Attorneys(s) for Plaintiff

Blue Dog, Kurt V. (Colorado)

Echo-Hawk, Walter R. (Colorado)

Attorneys(s) for Defendant

Flory, James (Kansas)

Schafer, Elsbeth D. (Kansas)

Judge(s)

Saffels, Dale Emerson (Kansas)

Attorneys(s) for Plaintiff

Blue Dog, Kurt V. (Colorado)

Echo-Hawk, Walter R. (Colorado)

Attorneys(s) for Defendant

Flory, James (Kansas)

Schafer, Elsbeth D. (Kansas)

Documents in the Clearinghouse

Document

3:79-03146

Consent Judgment and Decree

Nov. 19, 1980

Nov. 19, 1980

Order/Opinion

Resources

Docket

Last updated Aug. 9, 2022, 3:08 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Kansas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Aug. 1, 1979

Closing Date: Nov. 19, 1980

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Native American Inmates at the Kansas State Penitentiary

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Kansas State Penitentiary (Kansas), State

Case Details

Availably Documents:

Injunctive (or Injunctive-like) Relief

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: 1980 - None

Issues

General:

Religious programs / policies

Affected Gender:

Male

Type of Facility:

Government-run