Case: Smith v. Maschner

3:84-cv-03283 | U.S. District Court for the District of Kansas

Filed Date: Dec. 13, 1984

Closed Date: Sept. 5, 1996

Clearinghouse coding complete

Case Summary

Inmates at "A" cellhouse at the Kansas State Penitentiary filed a civil rights lawsuit in state court against officials at the Kansas State penitentiary, complaining of a denial of adequate access to the prison law library. The parties entered into a consent decree on August 19, 1985, granting the plaintiffs more access to the law library and supplementing the materials of the law library. The trial court's order specifically allowed the plaintiff inmates to use the prison law library on Saturd…

Inmates at "A" cellhouse at the Kansas State Penitentiary filed a civil rights lawsuit in state court against officials at the Kansas State penitentiary, complaining of a denial of adequate access to the prison law library. The parties entered into a consent decree on August 19, 1985, granting the plaintiffs more access to the law library and supplementing the materials of the law library. The trial court's order specifically allowed the plaintiff inmates to use the prison law library on Saturday mornings and gaining access to hardbound volumes of federal cases.

On November 21, 1985, the plaintiff inmates filed a motion to reopen the case, citing various allegations against the State concerning access to legal materials. The parties agreed on all disputed issues except which inmates should be allowed to use the law library on Saturday mornings. The trial court (Judge Maurice P. O'Keefe, Jr.) issued a ruling on March 25, 1986, holding that Saturday morning library privileges were reserved for general population inmates, and since the inmates in cellhouse "A" were part of the general population, they were entitled to use the library on Saturday mornings, but only for one hour (with "working inmates" being granted two hours).

The defendants appealed, and the Kansas Court of Appeals reversed and remanded, holding that the consent decree was in effect a contract, and the decree contained no provisions about Saturday morning library privileges. Petition for review by the Kansas Supreme Court was denied on December 19, 1986.

The inmates then sought to have the entire consent decree set aside based on fraud, and Judge O'Keefe denied this motion, holding that there was no evidence of fraud. Judge O'Keefe also found that the consent decree was ambiguous on the question of Saturday morning access to libraries and what volumes of the federal series were to be hardbound. Based on these findings, the trial court ordered on April 23, 1987, that the cellhouse "A" inmates to have Saturday privileges and the federal series was to be kept in hardbound volumes.

On appeal, the Kansas Court of Appeals on August 19, 1988, again reversed, holding that its previous decision made clear that the questions of Saturday morning library privileges and hardbound federal volumes were at the discretion of the prison officials, according to the consent decree. Smith v. Maschner, 760 P.2d 49 (Kan. Ct. App. 1988) (per curiam).

All of the information we have on the state court portion of the case comes from the August 19, 1988 Court of Appeals opinion.

In 1984, the case was removed to the District Court for the District of Kansas. Amended complaints were filed in April 1985 and August 1986. On Sept. 30, 1988, the court (Judge Dale E. Saffels) denied plaintiffs' motion for summary judgment. An appeal was taken. On March 29, 1990, the 10th Circuit Court of Appeals (Judge Seymour) affirmed in part and reversed in part. Smith v. Maschner, 899 F.2d 940 (10th Cir. 1990). The court held that: (1) the inmate had adequate state postdeprivation remedies for his claims that he was deprived of property without due process; (2) the prison regulation of incoming correspondence did not violate any protected rights; (3) the inmate received adequate notice of charges, opportunity to respond, and written findings; (4) factual issues existed on the inmate's claim that he was deprived of procedural due process by virtue of the denial of a request to call a witness; and (5) factual issues existed on the inmate's claim that officials retaliated against him for exercising his right of access to court. The case was remanded back to the District Court.

In 1991, the case was referred to Magistrate Judge John C. Tillotson. In 1994 the court appointed counsel for the plaintiff. On Jan. 11, 1996, the court (Judge Dale E. Saffels) denied motions by both parties for summary judgment. A stipulation of dismissal was filed on August 23, 1996 and was entered by the court (Judge Saffels) on September 5, dismissing the case wtih prejudice.

Summary Authors

David Terry (10/7/2006)

People


Judge(s)

Baldock, Bobby Ray (New Mexico)

Logan, James Kenneth (Kansas)

Saffels, Dale Emerson (Kansas)

Seymour, Margaret B. (South Carolina)

Attorneys(s) for Plaintiff

Kessler, Stephen W. (Kansas)

Smith, Jerry Wayne (Minnesota)

Attorneys(s) for Defendant

Appel, Linden (Kansas)

Bonebrake, Carol R. (Kansas)

Bork, John K (Kansas)

Cowger, Larry (Kansas)

Judge(s)

Baldock, Bobby Ray (New Mexico)

Logan, James Kenneth (Kansas)

Saffels, Dale Emerson (Kansas)

Seymour, Margaret B. (South Carolina)

Attorneys(s) for Plaintiff

Kessler, Stephen W. (Kansas)

Smith, Jerry Wayne (Minnesota)

Attorneys(s) for Defendant

Appel, Linden (Kansas)

Bonebrake, Carol R. (Kansas)

Bork, John K (Kansas)

Cowger, Larry (Kansas)

Dowell, John R. (Kansas)

Fleenor, Jon P. (Kansas)

Hiebert, Kristy L. (Kansas)

Logback, Lawrence J. (Kansas)

Madden, Timothy G. (Kansas)

Stephan, Robert T. (Kansas)

Documents in the Clearinghouse

Document

3:84-cv-03283

Docket (PACER)

July 21, 2000

July 21, 2000

Docket

60

804

Memorandum Opinion

Kansas state appellate court

760 P.2d 49

Aug. 19, 1988

Aug. 19, 1988

Order/Opinion

3:84-cv-03283

Memorandum and Order

1988 U.S.Dist.LEXIS 11238

Sept. 30, 1988

Sept. 30, 1988

Order/Opinion

88-02687

Opinion

U. S. Court of Appeals for the Tenth Circuit

899 F.2d 940

March 29, 1990

March 29, 1990

Order/Opinion
108

3:84-cv-03283

Memorandum and Order

915 F.Supp. 263

Jan. 11, 1996

Jan. 11, 1996

Order/Opinion

Resources

Docket

Last updated Aug. 9, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for removal by plaintiff (DO) (Entered: 04/03/1991)

Dec. 13, 1984

Dec. 13, 1984

2

AMENDED COMPLAINT by plaintiff (DO) (Entered: 04/03/1991)

April 19, 1985

April 19, 1985

41

PRE-TRIAL ORDER ENTERED by Senior Judge Dale E. Saffels (cc: all counsel) (DO) (Entered: 04/03/1991)

April 2, 1986

April 2, 1986

54

AMENDED COMPLAINT [2-1] by plaintiff (DO) (Entered: 04/03/1991)

Aug. 4, 1986

Aug. 4, 1986

68

ORDER ENTERED: by Senior Judge Dale E. Saffels Pltf's motion for summary judgment is denied; defts' motion for summary judgment is granted; dismissing case (cc: all counsel) (DO) (Entered: 04/03/1991)

Sept. 30, 1988

Sept. 30, 1988

70

NOTICE OF APPEAL by plaintiff from Dist. Court decision re: re: [68- 2] (cc: all counsel, 10CCA) (DO) (Entered: 04/03/1991)

Oct. 27, 1988

Oct. 27, 1988

77

MANDATE, 10CCA: Judgment is affirmed in part and reversed in part. The cause is remanded to the U.S. District Court for the District of KS for further proceedings in accordance with the opinion of this court. (cc: all counsel) (DO) (Entered: 04/03/1991)

April 2, 1990

April 2, 1990

87

LETTER to court from plaintiff (DO) (Entered: 04/03/1991)

Feb. 4, 1991

Feb. 4, 1991

88

NOTICE of jury trial-Entered-Clerk: Jury trial set 10/28/91 @ 10:00 a.m. before The Hon. Dale E. Saffels, Sr. District Judge (cc: all counsel) (CAM) Modified on 07/01/1991 (Entered: 06/19/1991)

June 18, 1991

June 18, 1991

89

MAIL Returned re: hearing notice [88-2] addressed to Jerry Wayne Smith (CAM) (Entered: 07/01/1991)

June 28, 1991

June 28, 1991

Letter remailed to Jerry Wayne Smith 7/1/91 (CAM) (Entered: 07/01/1991)

July 1, 1991

July 1, 1991

91

ATTORNEY APPEARANCE for defendant by Jon P. Fleenor and NOTICE OF WITHDRAWAL by Martha M. Snyder (DO) (Entered: 09/18/1991)

Sept. 16, 1991

Sept. 16, 1991

92

ORDER ENTERED: by Senior Judge Dale E. Saffels. Court finds good cause for a pretrial conference & accordingly will refer this matter to the U.S. Magistrate Judge sitting in Leavenworth, KS, to conduct a telephonic pretrial within 60 days. Jury trial scheduled for 10/28/91 continued until further notice (cc: pltf; Atty Gen) (CAM) (Entered: 10/09/1991)

Oct. 9, 1991

Oct. 9, 1991

93

ORDER ENTERED: by Magistrate Judge John C. Tillotson: Telephonic Pretrial conference set 12/11/91 @ 2:30 p.m. Further Ordered that 5 days before pretrial pltf shall file narrative written statement of facts to be offered by oral or documentary evidence at trial, file a list of all exhibits to be offered in evidence at the trial, file a list of names & addresses of all witnesses pltf intends to call, file a summary of anticipated testimony of any witnesses who are presently incarcerated & provide Magistrate w/telephone number where he can be reached at time of pretrial conference. Further ordered that counsel for defts shall be prepared to state at time of pretrial, the facts to be offered into evidence at trial & to list all of the names of witnesses defts intend to call. Further Ordered that on or before pretrial defts shall prepare & file any motion alleged by them to be dispository of the case or any issues herein, together w/supporting affidavits & authorities (cc: pltf; Atty Gen) (CAM) (Entered: 11/22/1991)

Nov. 22, 1991

Nov. 22, 1991

94

MOTION by defendant to extend time to file dispositive motions referred to Senior Judge Dale E. Saffels (CAM) (Entered: 12/26/1991)

Dec. 26, 1991

Dec. 26, 1991

95

ORDER ENTERED: by Magistrate Judge John C. Tillotson granting defts' motion to extend time to 1/31/92 to file dispositive motions [94-1] (cc: pltf; Atty Gen) (CAM) (Entered: 12/31/1991)

Dec. 31, 1991

Dec. 31, 1991

96

OBJECTIONS by plaintiff re: motion to extend time to file dispositive motions referred to Senior Judge Dale E. Saffels [94-1] (CAM) (Entered: 01/06/1992)

Jan. 6, 1992

Jan. 6, 1992

97

MOTION by defendant to extend time to file dispositive motions referred to Senior Judge Dale E. Saffels (CAM) (Entered: 02/04/1992)

Jan. 31, 1992

Jan. 31, 1992

98

ORDER ENTERED: by Senior Judge Dale E. Saffels granting defts' motion to extend time to 2/14/92 to file dispositive motions referred to Senior Judge Dale E. Saffels [97-1] (cc: pltf; Atty Gen ) (CAM) (Entered: 02/04/1992)

Feb. 4, 1992

Feb. 4, 1992

99

PRE-TRIAL ORDER ENTERED by Senior Judge Dale E. Saffels: Terminating case referral of Magistrate Judge John C. Tillotson; Discovery complete; Parties shall have until 1/1/92 to renew any applicable grounds for relief by motion for summary judgment; jury trial at Topeka, KS; Ready for trial after 1/1/92 & disposition of any pending motions; ETT: 4 to 5 days days; Prospects for settlement are nil. (cc: pltf; Atty Gen) (CAM) (Entered: 02/04/1992)

Feb. 4, 1992

Feb. 4, 1992

100

MOTION by defendants for summary judgment referred to Senior Judge Dale E. Saffels (CAM) (Entered: 02/18/1992)

Feb. 14, 1992

Feb. 14, 1992

101

MEMORANDUM in support by defendants re: motion for summary judgment referred to Senior Judge Dale E. Saffels [100-1] (CAM) (Entered: 02/18/1992)

Feb. 14, 1992

Feb. 14, 1992

102

ATTORNEY APPEARANCE for defendant by Kristy L. Hiebert & notice of withdrawal of Jon P. Fleenor (ICMSUSER) (Entered: 06/04/1992)

June 3, 1992

June 3, 1992

103

ORDER ENTERED: by Senior Judge Richard D. Rogers re [100-1] Pltf ordered to respond to defts' motion for summary judgment & supporting documents within 20 days from date of this order. Failure to respond as ordered may result in entry of summary judgment against pltf (cc: all counsel) (CAM) (Entered: 02/16/1994)

Feb. 16, 1994

Feb. 16, 1994

104

ORDER ENTERED: by Senior Judge Dale E. Saffels appointing Stephen W. Kessler as counsel for pltf (cc: all counsel) (LAK) (Entered: 03/11/1994)

March 11, 1994

March 11, 1994

105

MOTION by plaintiff to extend time to respond to defts' motion for summary judgment; referred to Senior Judge Dale E. Saffels (LAK) (Entered: 03/16/1994)

March 16, 1994

March 16, 1994

106

ORDER ENTERED: by Senior Judge Dale E. Saffels granting motion to extend time until 4/15/94 to respond to defts' motion for summary judgment [105-1] (cc: all counsel) (CAM) Modified on 04/19/1995 (Entered: 03/17/1994)

March 17, 1994

March 17, 1994

107

RESPONSE by plaintiff to defts' motion for summary judgment; referred to Senior Judge Dale E. Saffels [100-1] (LAK) (Entered: 04/11/1994)

April 11, 1994

April 11, 1994

107

CROSS MOTION by plaintiff for summary judgment; referred to Senior Judge Dale E. Saffels (LAK) (Entered: 04/11/1994)

April 11, 1994

April 11, 1994

NOTICE of change of address by plaintiff Jerry Wayne Smith: PO Box 1000, Oxford, WI 53952-1000 (LAK) (Entered: 01/09/1996)

Jan. 9, 1996

Jan. 9, 1996

108

MEMORANDUM AND ORDER: by Senior Judge Dale E. Saffels denying motion by defts for summary judgment [100-1]; denying cross- motion by pltf for summary judgment [107-1] Jury trial set for 3/18/96 at 1:30 pm. 18 pages (cc: all counsel) (LAK) (Entered: 01/11/1996)

Jan. 11, 1996

Jan. 11, 1996

109

MOTION by plaintiff for order to issue subpoenas; referred to Senior Judge Dale E. Saffels (LAK) Modified on 03/15/1996 (Entered: 02/23/1996)

Feb. 23, 1996

Feb. 23, 1996

110

MOTION by plaintiff for writ of habeas corpus ad testificandum; referred to Senior Judge Dale E. Saffels (LAK) (Entered: 02/23/1996)

Feb. 23, 1996

Feb. 23, 1996

111

MOTION by plaintiff for appointment of expert; referred to Senior Judge Dale E. Saffels (LAK) (Entered: 02/23/1996)

Feb. 23, 1996

Feb. 23, 1996

112

ATTORNEY APPEARANCE for defendant by Lawrence J. Logback (CAM) (Entered: 02/29/1996)

Feb. 28, 1996

Feb. 28, 1996

113

MOTION by defendants to dismiss referred to Senior Judge Dale E. Saffels (CAM) (Entered: 02/29/1996)

Feb. 28, 1996

Feb. 28, 1996

114

MEMORANDUM in support re: motion by defendants to dismiss referred to Senior Judge Dale E. Saffels [113-1] (CAM) (Entered: 02/29/1996)

Feb. 28, 1996

Feb. 28, 1996

115

OBJECTIONS by defendant re: [111-1] motion by plaintiff for appointment of expert; referred to Senior Judge Dale E. Saffels (CAM) (Entered: 02/29/1996)

Feb. 28, 1996

Feb. 28, 1996

116

OBJECTIONS by defendant re: [109-1] motion by plaintiff for order to issue subpoenas; referred to Senior Judge Dale E. Saffels (CAM) (Entered: 02/29/1996)

Feb. 28, 1996

Feb. 28, 1996

117

RESPONSE by defendant to motion by plaintiff for writ of habeas corpus ad testificandum; referred to Senior Judge Dale E. Saffels [110-1] (CAM) (Entered: 02/29/1996)

Feb. 28, 1996

Feb. 28, 1996

118

ORDER ENTERED: by Senior Judge Dale E. Saffels granting motion by plaintiff for writ of habeas corpus ad testificandum [110-1] for Jerry Wayne Smith for appearance on 3/18/96 at 1:30 pm before Senior Judge Saffels (cc: all counsel; USPO; USM) (LAK) (Entered: 03/06/1996)

March 6, 1996

March 6, 1996

WRIT OF HABEAS CORPUS AD TESTIFICANDUM issued to USM for Jerry Wayne Smith for appearance before Senior Judge Saffels on 3/18/96 at 1:30 pm (LAK) (Entered: 03/06/1996)

March 6, 1996

March 6, 1996

119

NOTICE of hearing: motions hearing set for 3/18/96 at 1:30 pm before Senior Judge Saffels for Herb Maschner (cc: all counsel; USPO) (LAK) (Entered: 03/06/1996)

March 6, 1996

March 6, 1996

120

ORDER ENTERED: by Senior Judge Dale E. Saffels re pltf's motions for order to issue subpoenas [109-1]; motion for writ of habeas corpus ad testificandum [110-1]; motion for appointment of expert [111-1]. Denying motion of defendants to dismiss [113-1]. Jury trial continued to 4/18/96 at 9:00 am. Hearing on pending motions & other pretrial matters set for 3/18/96 at 1:30 pm (cc: all counsel) (LAK) Modified on 03/15/1996 (Entered: 03/07/1996)

March 7, 1996

March 7, 1996

121

ATTORNEY APPEARANCE for defendant by John R. Dowell (MB) Modified on 03/15/1996 (Entered: 03/14/1996)

March 14, 1996

March 14, 1996

125

MINUTE SHEET of status hearing at Topeka, KS before Senior Judge Dale E. Saffels: Counsel directed to attempt to reach agreement without court intervention re pending motions (LAK) (Entered: 03/25/1996)

March 18, 1996

March 18, 1996

123

CERITIFICATE of svc of affidavit by plaintiff to deft on 3/22/96 (MB) Modified on 03/22/1996 (Entered: 03/22/1996)

March 22, 1996

March 22, 1996

124

ORDER ENTERED: by Senior Judge Dale E. Saffels denying motion by plaintiff for appointment of expert, [111-1]; denying motion by plaintiff for order to issue subpoenas, [109-1]; and granting motion by plaintiff for writ of habeas corpus ad testificandum to the extent stated in the order, [110-1] (cc: all counsel) (MS) (Entered: 03/22/1996)

March 22, 1996

March 22, 1996

126

NOTICE of hearing: Jury trial set for 4/29/96 at 10:00 am before Senior Judge Dale E. Saffels (cc: all counsel; USPM) (LAK) (Entered: 03/26/1996)

March 26, 1996

March 26, 1996

127

ORDER FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM ENTERED: by Senior Judge Dale E. Saffels for Jerry Wayne Smith for appearance 4/29/96 at 10:00 am (cc: all counsel; USM) (LAK) (Entered: 03/26/1996)

March 26, 1996

March 26, 1996

128

ORDER FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM ENTERED: by Senior Judge Dale E. Saffels for Craig Bryant for production on 4/29/96 at 10:00 am (cc: all counsel; USM) (LAK) (Entered: 04/17/1996)

April 17, 1996

April 17, 1996

WRIT OF HABEAS CORPUS AD TESTIFICANDUM issued to USM for Craig Bryant on 4/29/96 at 10:00 am before Senior Judge Dale E. Saffels (LAK) (Entered: 04/17/1996)

April 17, 1996

April 17, 1996

129

WITNESS & EXHIBIT LIST submitted by defendants (LAK) (Entered: 04/22/1996)

April 22, 1996

April 22, 1996

130

OBJECTIONS by defendant to pltf's proposed exhibits (MB) (Entered: 04/25/1996)

April 25, 1996

April 25, 1996

131

ORDER ENTERED: by Senior Judge Dale E. Saffels. Writ of habeas corpus ad testificandum issued by the court for pltf Jerry Wyane Smith is cancelled & USM directed to return pltf to FCI Oxford, WI to continue serving sentence (cc: all counsel; USM) (LAK) (Entered: 04/25/1996)

April 25, 1996

April 25, 1996

132

STIPULATION OF DISMISSAL by parties (MS) (Entered: 08/26/1996)

Aug. 23, 1996

Aug. 23, 1996

133

ORDER ENTERED: by Senior Judge Dale E. Saffels regarding stipulation [132-1] - this action is dismissed with prejudice (cc: all counsel) (MS) (Entered: 09/05/1996)

Sept. 5, 1996

Sept. 5, 1996

134

ORDER ENTERED by Judge G. T. VanBebber: all monies now in the registry and restitution deposit funds of the Court and on deposit for at least five years unclaimed by persons shall be transferred to the Treasury of the US (cc: all counsel) (DAW) (Entered: 07/25/2000)

July 21, 2000

July 21, 2000

Case Details

State / Territory: Kansas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 13, 1984

Closing Date: Sept. 5, 1996

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate claiming that he was deprived of property without due process, that prison officials interfered with his mail, that he was denied procedural due process in disciplinary hearings, and that officials retaliated against him

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Kansas State Penitentiary, State

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1985 - None

Issues

General:

Law library access

Affected Gender:

Male

Type of Facility:

Government-run