Case: Harvey v. Schoen

3:72-cv-00073 | U.S. District Court for the District of Minnesota

Filed Date: March 8, 1972

Closed Date: 1999

Clearinghouse coding complete

Case Summary

In 1972, a class of incarcerated and former inmates at the Minnesota Correctional Facility at Stillwater filed a lawsuit against the Minnesota Department of Corrections. The complaint alleged that disciplinary rules and regulations at the prison violated their rights under the Fifth, Sixth, Eighth, and Fourteenth Amendments and federal and state statutes. The plaintiffs were represented by private counsel. The parties entered into an agreement regarding disciplinary policies. Judge Phillip …

In 1972, a class of incarcerated and former inmates at the Minnesota Correctional Facility at Stillwater filed a lawsuit against the Minnesota Department of Corrections. The complaint alleged that disciplinary rules and regulations at the prison violated their rights under the Fifth, Sixth, Eighth, and Fourteenth Amendments and federal and state statutes. The plaintiffs were represented by private counsel. The parties entered into an agreement regarding disciplinary policies. Judge Phillip Neville approved the agreement in an order filed on September 10, 1973. Inmate 24394 v. Schoen, 363 F.Supp. 683 (D.Minn.1973).

The Schoen decree outlined the procedures for disciplinary hearings against prisoners at Minnesota Correctional Faculties in Stillwater and St. Cloud. It included procedures for providing prisoners with adequate notice of charges against them, scheduling hearings, continuances, and appeals. There were no successful claims of violations of the Schoen decree.

On August 18, 1998, the defendants moved to terminate the decree pursuant to the Prison Litigation Reform Act (PLRA). Ronald W. Harvey and other plaintiffs, represented by Leslie J. Rosenberg, Minnesota State Public Defender, objected to the motion and a hearing was held on May 21, 1998. On January 28, 1999, the U.S. District Court for the District of Minnesota (Magistrate Judge Raymond L. Erickson) granted the motion to terminate the decree. Plaintiffs appealed the Magistrate's decision and it was upheld by Judge James Rosenbaum on April 7, 1999. Harvey v. Schoen, 51 F.Supp.2d 1001 (D.Minn.1999).

The plaintiffs appealed, claiming that the district court erred in denying their request to conduct discovery to show that there was a current violation of the decree. They also argued that the provisions of the PLRA that allowed termination of decrees were a violation of the separation of powers. The Court of Appeals for the Eighth Circuit (Judge John R. Gibson) affirmed the judgment of the district court and found that the court did not abuse its discretion in denying the discovery request. Harvey v. Schoen, 245 F.3d 718 (8th Cir. 2001).

Summary Authors

Angela Heverling (12/1/2005)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/2364590/parties/harvey-v-schoen/


Judge(s)

Beam, Clarence Arlen (Nebraska)

Erickson, Raymond L. (Minnesota)

Gibson, John R. (Missouri)

McMillian, Theodore (Missouri)

Neville, Philip (Minnesota)

Rosenbaum, James Michael (Minnesota)

Attorneys(s) for Plaintiff

Goldberg, Melvin B. (Minnesota)

Rosenberg, Leslie J. (Minnesota)

Attorneys(s) for Defendant

Hansen, W. Karl (Minnesota)

Kuretsky, William H. (Minnesota)

Judge(s)

Beam, Clarence Arlen (Nebraska)

Erickson, Raymond L. (Minnesota)

Gibson, John R. (Missouri)

McMillian, Theodore (Missouri)

Neville, Philip (Minnesota)

Rosenbaum, James Michael (Minnesota)

Attorneys(s) for Plaintiff

Goldberg, Melvin B. (Minnesota)

Rosenberg, Leslie J. (Minnesota)

Attorneys(s) for Defendant

Hansen, W. Karl (Minnesota)

Kuretsky, William H. (Minnesota)

Spannaus, Warren R. (Minnesota)

Toenges, Jeffrey E. E. (Minnesota)

Documents in the Clearinghouse

Document

3:72-cv-00073

Docket (PACER)

May 2, 2001

May 2, 2001

Docket

3:72-cv-00073

Order

Inmate 24394 v. Schoen

363 F.Supp. 683, 1973 U.S.Dist.LEXIS 11978

Sept. 10, 1973

Sept. 10, 1973

Order/Opinion
225

3:72-cv-00073

Order

April 7, 1999

April 7, 1999

Order/Opinion
225

3:72-cv-00073

Order

51 F.Supp.2d 1001, 1999 U.S.Dist.LEXIS 7534

April 7, 1999

April 7, 1999

Order/Opinion
230

3:72-cv-00073

Order

July 16, 1999

July 16, 1999

Order/Opinion
234

3:72-cv-00073

Order

Aug. 17, 1999

Aug. 17, 1999

Order/Opinion
251

3:72-cv-00073

Order

Ridsdale v. Schoen

Dec. 29, 1999

Dec. 29, 1999

Order/Opinion
257

3:72-cv-00073

Order

Sept. 1, 2000

Sept. 1, 2000

Order/Opinion

99-02774

Reported Opinion

U. S. Court of Appeals for the Eighth Circuit

245 F.3d 718, 2001 U.S.App.LEXIS 5664

April 6, 2001

April 6, 2001

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/2364590/harvey-v-schoen/

Last updated Aug. 12, 2022, 2:17 p.m.

ECF Number Description Date Link Date / Link
89

MOTION by Michael John Husten for leave to proceed in pro se ( to Judge James M. Rosenbaum ) . (1pg) (CJF) Modified on 04/17/1996 (Entered: 04/17/1996)

April 5, 1996

April 5, 1996

PACER
90

AFFIDAVIT of Michael John Husten re: motion for leave to proceed in pro se [89-1]. (1pg) (CJF) (Entered: 04/17/1996)

April 5, 1996

April 5, 1996

PACER
91

MOTION by Michael John Husten for preliminary injunction/TRO and to modify previous order of Judge Neville (to Magistrate Judge Noel, previously to Judge M. Rosenbaum ) (now to be heard by Magistrate Erickson) . (2pgs) (CJF) Modified on 06/18/1996 (Entered: 04/17/1996)

April 5, 1996

April 5, 1996

PACER
92

AFFIDAVIT of Michael John Husten re: motion for preliminary injunction/TRO [91-1] & to modify previous order of Judge Neville [91-2]. (1pg) (CJF) (Entered: 04/17/1996)

April 5, 1996

April 5, 1996

PACER
93

MEMORANDUM by Michael John Husten in support of motion for preliminary injunction/TRO [91-1] & to modify previous order of Judge Neville [91-2]. (11pgs) (CJF) (Entered: 04/17/1996)

April 5, 1996

April 5, 1996

PACER

Assigned to Judge James M. Rosenbaum on the Habeas Corpus List and Referred to Magistrate Judge Franklin E. Noel. (CJF)

April 15, 1996

April 15, 1996

PACER

ATTORNEY SUBSTITUTION: terminating Jonathan Morgan for defts and substituting Mark Levinger. (PJS)

April 24, 1996

April 24, 1996

PACER
94

ORDER ( Judge James M. Rosenbaum / 4/23/96) that this matter is referred to Magistrate Judge Noel. (cc: all counsel) 1 page (PJS) (Entered: 04/25/1996)

April 24, 1996

April 24, 1996

PACER
95

MOTION by Preston T Ridsdale for protective order (to Magistrate Judge Franklin L. Noel) (now to be heard by Magistrate Erickson) (2 pgs) (DFL) Modified on 06/18/1996 (Entered: 05/09/1996)

May 5, 1996

May 5, 1996

PACER
96

MOTION by Preston T Ridsdale for order holding defendants in contempt of court's order (to Magistrate Judge Franklin L. Noel) (now to be heard by Magistrate Erickson) (7 pgs) (DFL) Modified on 06/18/1996 (Entered: 05/09/1996)

May 5, 1996

May 5, 1996

PACER
97

MOTION by Michael John Husten for writ of habeas corpus ad testificandum (to Magistrate Judge Franklin L. Noel) (now to be heard before Magistrate Erickson) (1 pg) (DFL) Modified on 06/18/1996 (Entered: 05/14/1996)

May 14, 1996

May 14, 1996

PACER
98

ORDER OF RECUSAL (Magistrate Judge Franklin L. Noel / 5/16/96) Case referred to Magistrate Judge Raymond L. Erickson (cc: all counsel) (1 pg) (DFL) (Entered: 05/16/1996)

May 16, 1996

May 16, 1996

PACER
99

ORDER ( Magistrate Judge Raymond L. Erickson / 7/15/96) that defts shall respond to the movant's filings within 20 days of the date of this order. (cc: all counsel) 4 pages (PJS) (Entered: 07/17/1996)

July 16, 1996

July 16, 1996

PACER
100

MOTION by defendants to extend time to file responses to motions of movants. ( to Magistrate Judge Raymond L. Erickson ) 2 pages (PJS) (Entered: 08/06/1996)

Aug. 6, 1996

Aug. 6, 1996

PACER
101

AFFIDAVIT of Mark B. Levinger regarding motion to extend time to file responses to motions of movants. [100-1] 2 pages (PJS) (Entered: 08/06/1996)

Aug. 6, 1996

Aug. 6, 1996

PACER
102

NOTICE OF SUBSTITUTION OF COUNSEL that Mark B. Levinger represents defts instead of Karl Hansen. (1 page) (PJS) (Entered: 08/06/1996)

Aug. 6, 1996

Aug. 6, 1996

PACER
103

ORDER (Magistrate Judge Raymond L. Erickson / 8/8/96) granting motion to extend time to file responses to motions of movants [100-1] to and including 8/16/96 (cc: all counsel) (2 pgs) (DFL) (Entered: 08/12/1996)

Aug. 9, 1996

Aug. 9, 1996

PACER
104

MEMORANDUM by defendants in opposition to motions for contempt, temporary restraining order, and for discovery. [96-1] [95-1] [91-1] [91-2] 14 pages (PJS) (Entered: 08/19/1996)

Aug. 16, 1996

Aug. 16, 1996

PACER
105

AFFIDAVIT AND EXHIBITS of Robert L. Aufderhar. (14 pages) (PJS) (Entered: 08/19/1996)

Aug. 16, 1996

Aug. 16, 1996

PACER
106

AFFIDAVIT of Debra Nelson. (3 pages) (PJS) (Entered: 08/19/1996)

Aug. 16, 1996

Aug. 16, 1996

PACER
107

MEMORANDUM by defendants in opposition to motions for preliminary injunction/TRO [91-1], to modify previous order of Judge Neville [91-2], and for writ of habeas corpus ad testificandum. [97-1] 34 pages (PJS) (Entered: 08/19/1996)

Aug. 16, 1996

Aug. 16, 1996

PACER
108

AFFIDAVIT of Dennis Johnson. (2 pages) (PJS) (Entered: 08/19/1996)

Aug. 16, 1996

Aug. 16, 1996

PACER
109

AFFIDAVIT of Bill Richert. (2 pages) (PJS) (Entered: 08/19/1996)

Aug. 16, 1996

Aug. 16, 1996

PACER
110

AFFIDAVIT AND EXHIBITS of Howard McClish. (11 pages) (PJS) (Entered: 08/19/1996)

Aug. 16, 1996

Aug. 16, 1996

PACER
111

AFFIDAVIT of Rick Hillengass. (3 pages) (PJS) (Entered: 08/19/1996)

Aug. 16, 1996

Aug. 16, 1996

PACER
112

AFFIDAVIT AND EXHIBITS of Mike Kriegler. (17 pages) (PJS) (Entered: 08/19/1996)

Aug. 16, 1996

Aug. 16, 1996

PACER
113

AFFIDAVIT of Debra Nelson. (3 pages) (PJS) (Entered: 08/19/1996)

Aug. 16, 1996

Aug. 16, 1996

PACER
114

AFFIDAVIT of Rick Hillengass (2 pgs) (DFL) (Entered: 08/22/1996)

Aug. 22, 1996

Aug. 22, 1996

PACER
115

AFFIDAVIT of Mike Kreigler (4 pgs) (DFL) (Entered: 08/22/1996)

Aug. 22, 1996

Aug. 22, 1996

PACER
116

AFFIDAVIT of Debra Nelson (2 pgs) (DFL) (Entered: 08/22/1996)

Aug. 22, 1996

Aug. 22, 1996

PACER
117

AFFIDAVIT of Sue Churchill (2 pgs) (DFL) (Entered: 08/22/1996)

Aug. 22, 1996

Aug. 22, 1996

PACER
118

AFFIDAVIT of Debra Nelson 3pgs (PAK) (Entered: 08/26/1996)

Aug. 23, 1996

Aug. 23, 1996

PACER
119

AFFIDAVIT of Robert L. Aufderhar (4 pgs) (DFL) (Entered: 08/29/1996)

Aug. 28, 1996

Aug. 28, 1996

PACER
120

MOTION by movant Michael John Husten to dismiss without prejudice (to Magistrate Judge Raymond L. Erickson) (1 pg) (DFL) (Entered: 09/17/1996)

Sept. 17, 1996

Sept. 17, 1996

PACER
121

MEMORANDUM by plaintiff in support of motion to dismiss without prejudice [120-1] and answer to defendants opposition (16 pgs) (DFL) (Entered: 09/17/1996)

Sept. 17, 1996

Sept. 17, 1996

PACER
122

ORDER ( Magistrate Judge Raymond L. Erickson / 9/17/96) that the movants shall have until 10/3/96 in which to respond, should he so choose, to the respondent's memorandum of law in opposition to their various motions. (cc: all counsel) 2 pages (PJS) (Entered: 09/18/1996)

Sept. 18, 1996

Sept. 18, 1996

PACER
123

ATTORNEY SUBSTITUTION: terminating attorney Mark Bernard Levinger for Bruce McManus, William R. Whiting, Charles W Poe, Benjamin N Berger, Wilfred Antell, Llewellyn H Linde and Kenneth Schoen and substituting attorney Jeffrey E E Toenges (2 pgs) (DFL) (Entered: 09/23/1996)

Sept. 23, 1996

Sept. 23, 1996

PACER
124

MEMORANDUM by defendants in opposition to motion to dismiss without prejudice [120-1] (4 pgs) (DFL) (Entered: 09/23/1996)

Sept. 23, 1996

Sept. 23, 1996

PACER
125

REPORT AND RECOMMENDATION (to Judge James M Rosenbaum) (Magistrate Judge Raymond L Erickson / 2/27/97) that Michael John Husten's motion for voluntary dismiss without prejudice 120 be denied; that Preston T Ridsdale's motion for order holding defendants in contempt of court's order 96 be denied; that Michael John Husten's motion for preliminary injunction/TRO 91 be denied; that Michael John Husten's motion to modify previous order of Judge Neville 91 be denied. (cc: all counsel) (28 pgs) (SEA) (Entered: 02/27/1997)

Feb. 27, 1997

Feb. 27, 1997

PACER
126

NOTICE OF SUBSTITUTION OF COUNSEL: terminating Jeffrey Toenges for defts and substituting attorney Walter Karl Hansen. (2 pages) (PJS) (Entered: 03/28/1997)

March 28, 1997

March 28, 1997

PACER
127

ORDER ( Judge James M. Rosenbaum / 4/8/97) [125-1] that (1) Husten's motion for a TRO and/or preliminary injunction is denied [91-1]; (2) Husten's motion to modify previous order of Judge Neville is denied [91-2]; (3) Ridsdale's motion for a TRO and/or prelimlinary injunction is denied; (4) Ridsdale's motion for order holding defendants in civil contempt is denied; and (5) Husten's for voluntary dismissal is denied [120-1]. (cc: all counsel) 2 pages (PJS) (Entered: 04/10/1997)

April 8, 1997

April 8, 1997

PACER
128

MOTION by plaintiffs for order for contempt (to Magistrate Judge Raymond L. Erickson) (1 pg) (DFL) Modified on 06/27/1997 (Entered: 06/27/1997)

June 26, 1997

June 26, 1997

PACER
129

MEMORANDUM by plaintiffs in support of motion for order for contempt [128-1] (7 pgs) (DFL) (Entered: 06/27/1997)

June 26, 1997

June 26, 1997

PACER
130

DECLARATION of G. Richard Kendall re motion for order for contempt [128-1] (6 pgs) (DFL) (Entered: 06/27/1997)

June 26, 1997

June 26, 1997

PACER
131

MOTION by Donald Butler for order of contempt (to Magistrate Judge Raymond L. Erickson) (18 pgs) (DFL) (Entered: 10/20/1997)

Oct. 20, 1997

Oct. 20, 1997

PACER
132

AMENDMENT to motion for order of contempt (to Magistrate Judge Raymond L. Erickson) [131-1] (1 pg) (DFL) (Entered: 10/22/1997)

Oct. 21, 1997

Oct. 21, 1997

PACER
133

ORDER ( Magistrate Judge Raymond L Erickson / 12/24/97), that the movants shall have until 1/9/98, in which to effectuate service of their Motions & supporting submissions upon counsel for the defts & to file w/the Clerk of Court the Certificate of Service; that the defts shall have until the later of 20 days after their receipt of the movants' submissions, or, until 1/29/98, in which to respond to the movants' motions; absent the movants' compliance with these directives, including the time limitation noted, the Court shall enter a Recommendation that their Motions be denied, for failure to abide by the terms of this Order, & for lack of prosecution. (cc: all counsel) (3 pgs) (SEA) (Entered: 12/24/1997)

Dec. 24, 1997

Dec. 24, 1997

PACER
134

LETTER to court from G. Richard Kendall re:status of case. 1pg (VEM) (Entered: 01/29/1998)

Jan. 29, 1998

Jan. 29, 1998

PACER
135

MEMORANDUM by defendants in opposition to motion for order for contempt. [128-1] 15pgs (VEM) (Entered: 02/02/1998)

Jan. 30, 1998

Jan. 30, 1998

PACER
136

Copy of AFFIDAVIT of Debra Nelson regarding motion for order for contempt. [128-1] 8pgs (VEM) Modified on 02/09/1998 (Entered: 02/02/1998)

Jan. 30, 1998

Jan. 30, 1998

PACER
137

Copy of AFFIDAVIT of Patrick O'Brien regarding motion for order for contempt. [128-1] 5pgs (VEM) Modified on 02/09/1998 (Entered: 02/02/1998)

Jan. 30, 1998

Jan. 30, 1998

PACER
140

MEMORANDUM OF LAW IN RESPONSE by G Richard Kendall to defts' memorandum in opposition. [128-1] 5pgs (VEM) (Entered: 02/09/1998)

Feb. 3, 1998

Feb. 3, 1998

PACER
141

SECOND DECLARATION of G. Richard Kendall re motion for order for contempt. [128-1] 3pgs (VEM) (Entered: 02/09/1998)

Feb. 3, 1998

Feb. 3, 1998

PACER
138

Original AFFIDAVIT of Patrick O'Brien regarding motion for order for contempt [128-1] (3pgs) ( (Entered: 02/09/1998)

Feb. 5, 1998

Feb. 5, 1998

PACER
139

Original AFFIDAVIT of Debra Nelson regarding motion for order for contempt [128-1] (3pgs) ( (Entered: 02/09/1998)

Feb. 5, 1998

Feb. 5, 1998

PACER
142

REPORT AND RECOMMENDATION (to Judge James M Rosenbaum ) (Magistrate Judge Raymond L. Erickson / 2/23/98) that Donald Butler's motion for order of contempt 131 be denied, for failure to comply with the Court's Orders & the FRCP, & for lack of prosecution; that G Richard Kendall's motion for order for contempt 128 be denied. (cc: all counsel) (16 pgs) (SEA) (Entered: 02/23/1998)

Feb. 23, 1998

Feb. 23, 1998

PACER
143

MOTION by Clark A Kruger for contempt of court order. ( to Magistrate Judge Raymond L. Erickson ) 7pgs (VEM) (Entered: 03/13/1998)

March 9, 1998

March 9, 1998

PACER
144

AFFIDAVIT of Clark A. Kruger regarding motion for contempt of court order. [143-1] 3pgs (VEM) (Entered: 03/13/1998)

March 9, 1998

March 9, 1998

PACER
145

LETTER to Chief Magistrate Judge Noel from Clark A Kruger re: motion for contempt. 2pgs (VEM) (Entered: 03/13/1998)

March 9, 1998

March 9, 1998

PACER
146

LETTER to W. Karl Hansen from Clark A Kruger re: motions & exhibits. 35pgs (VEM) (Entered: 03/13/1998)

March 9, 1998

March 9, 1998

PACER
147

MOTION by Clark A Kruger to dismiss with prejudice. ( to Judge James M. Rosenbaum ) 2pgs (VEM) (Entered: 03/23/1998)

March 18, 1998

March 18, 1998

PACER
148

ORDER ( Judge James M. Rosenbaum / 4/14/98) that G. Richard Kenall's motion to hold defts in civil contempt shall be and hereby is, denied. [128-1] that Donald Butler's motion to hold defts in civil contempt shall be, and hereby is, denied, for failure to comply with the Court's Orders and the Federal Rules of Civil Procedure and for lack of prosecution. [131-1] (cc: all counsel) 2pgs (VEM) (Entered: 04/23/1998)

April 15, 1998

April 15, 1998

PACER
149

MOTION by Jose A Rivera in support of memoranda of civil action and determination and protection of class & order of conduct. ( to Magistrate Judge Raymond L. Erickson ) 3pgs (VEM) (Entered: 05/12/1998)

May 12, 1998

May 12, 1998

PACER
150

MEMORANDUM by Jose A Rivera in support of motion in support of memoranda of civil action and determination and protection of class & order of conduct. [149-1] 8pgs (VEM) (Entered: 05/12/1998)

May 12, 1998

May 12, 1998

PACER
151

STATEMENT OF FACT as to Jose A Rivera. 6pgs (VEM) (Entered: 05/12/1998)

May 12, 1998

May 12, 1998

PACER
152

ADDITIONAL SUPPLEMENT memorandum stating relief sought, and questions prosc. supportive of facts; argument and conclusion. [149-1] 7pgs (VEM) (Entered: 05/12/1998)

May 12, 1998

May 12, 1998

PACER
153

MOTION by Jose A Rivera for clarification and proper certificate for ailing action. ( to Magistrate Judge Raymond L. Erickson ) 5pgs (VEM) (Entered: 05/12/1998)

May 12, 1998

May 12, 1998

PACER
154

MOTION by Daniel Hendrickson for contempt of court orders & for order prohibiting further discipline prosecution. ( to Magistrate Judge Raymond L. Erickson ) 8pgs (VEM) (Entered: 05/20/1998)

May 18, 1998

May 18, 1998

PACER
155

AFFIDAVIT of Daniel Hendrickson regarding motion for contempt of court orders & for order prohibiting further discipline prosecution. [154-1] 7pgs (VEM) (Entered: 05/20/1998)

May 18, 1998

May 18, 1998

PACER
156

MOTION by Joseph L Bruyette for contempt of court charges upon defts successors in office. ( to Magistrate Judge Raymond L. Erickson ) 5pgs (VEM) (Entered: 06/09/1998)

June 8, 1998

June 8, 1998

PACER
157

AFFIDAVIT of Joseph L. Bruyette regarding motion for contempt of court charges upon defts successors in office. [156-1] 6pgs (VEM) (Entered: 06/09/1998)

June 8, 1998

June 8, 1998

PACER
158

ORDER ( Magistrate Judge Raymond L. Erickson / 6/15/98) that movants Jose A Rivera, Daniel Hendrickson & Joseph L Bruyette shall have until 6/29/98 in which to effectuate service of their motions, supporting submissions, upon counsel for defts, & to file with the Clerk of Court the Certificates of Service; that defts shall have until the later of 20 days after their full receipt of the movants' submissions, or until 7/20/98, in which to respond to movants' motions; abesent the movants' compliance with these directives, the Court shall enter a Recommendation that their motions be denied, for failure to abide by the terms of this Order & for lack of prosecution; granting motion to dismiss with prejudice 147 as to Clark A Kruger; terminating party Clark A Kruger ; striking motion for contempt of court order 143 as to Clark A Kruger (cc: all counsel) (3 pgs) (SEA) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

PACER
159

MOTION by movant Clark A Kruger for contempt of Court and order for compensatory damages against the defts, their agents and the successors in office (to Magistrate Judge Raymond L. Erickson) (12pgs) ( (Entered: 06/23/1998)

June 22, 1998

June 22, 1998

PACER
160

AFFIDAVIT of Clark Kruger regarding motion for contempt of Court and order for compensatory damages against the defts, their agents and the successors in office [159-1] (11pgs) ( (Entered: 06/23/1998)

June 22, 1998

June 22, 1998

PACER
161

LETTER to court from movant Daniel Hendrickson with attached letter and affidavit of service of notice of motion for contempt (6pgs) ( (Entered: 06/30/1998)

June 29, 1998

June 29, 1998

PACER
162

OBJECTIONS by movant Jose A Rivera to order [158-2] (8pgs) ( (Entered: 06/30/1998)

June 29, 1998

June 29, 1998

PACER
163

LETTER to court from movant Joseph L Bruyette with copy of Affidavit of Service and "Mail Office - special postage charge" (3pgs) ( (Entered: 07/01/1998)

July 1, 1998

July 1, 1998

PACER
164

LETTER to court from Stephanie Erickson of Legal Advocacy Project on behalf of movant Joseph L Bruyette forwarding copy of Affidavit of Service and "Mail Office - Sepcial Postage Charge" (3pgs) ( (Entered: 07/01/1998)

July 1, 1998

July 1, 1998

PACER
165

LETTER to court from movant Joseph L Bruyette re satisfying requirements of Order dated 6/15/98 (2pgs) ( (Entered: 07/01/1998)

July 1, 1998

July 1, 1998

PACER
166

MOTION by movant Clark A Kruger for appointment of counsel( to Magistrate Judge Raymond L. Erickson ), and for contempt of court ( to Magistrate Judge Raymond L. Erickson ) (3 pgs) (SEA) (Entered: 07/07/1998)

July 7, 1998

July 7, 1998

PACER
167

MOTION by movant Gale A Rachuy for contempt of Court ( to Magistrate Judge Raymond L. Erickson ) (2 pgs) (SEA) (Entered: 07/16/1998)

July 10, 1998

July 10, 1998

PACER
168

AFFIDAVIT of Gale A Rachuy w/atch exhibits regarding motion for contempt of Court ( to Magistrate Judge Raymond L. Erickson ) [167-1] (7 pgs) (SEA) (Entered: 07/16/1998)

July 10, 1998

July 10, 1998

PACER
169

MEMORANDUM by defendant in opposition to motion for contempt of court orders & for order prohibiting further discipline prosecution [154-1]; to motion for contempt of court charges upon defts successors in office [156-1]; to motion for contempt of Court and order for compensatory damages against the defts, their agents and the successors in office [159-1] (14pgs) ( (Entered: 07/21/1998)

July 17, 1998

July 17, 1998

PACER
170

AFFIDAVIT of Debra Nelson regarding memorandum [169-1] (33pgs) ( (Entered: 07/21/1998)

July 17, 1998

July 17, 1998

PACER
171

MOTION by movant Jose A Rivera to deny defts motion (to Magistrate Judge Raymond L. Erickson) (7pgs) ( (Entered: 07/24/1998)

July 23, 1998

July 23, 1998

PACER
172

AFFIDAVIT of Jose A. Rivera regarding motion to deny defts motion [171-1] (1pg) ( (Entered: 07/24/1998)

July 23, 1998

July 23, 1998

PACER
173

RESPONSE by movant Daniel Hendrickson to memorandum [169-1] (6pgs) ( (Entered: 07/28/1998)

July 27, 1998

July 27, 1998

PACER
174

LETTER from defendants re: motion to terminate consent decree. 1pg (VEM) (Entered: 08/24/1998)

Aug. 19, 1998

Aug. 19, 1998

PACER
175

MOTION by defendant to terminate consent decree. ( to Magistrate Judge Raymond L. Erickson ) 2 pg(s) (VEM) (Entered: 10/05/1998)

Oct. 2, 1998

Oct. 2, 1998

PACER
176

MEMORANDUM by defendant in support of motion to terminate consent decree. [175-1] 14 pg(s) (VEM) Modified on 10/05/1998 (Entered: 10/05/1998)

Oct. 2, 1998

Oct. 2, 1998

PACER
177

AFFIDAVIT of Erick Skon regarding motion to terminate consent decree. [175-1] 34 pg(s) (VEM) (Entered: 10/05/1998)

Oct. 2, 1998

Oct. 2, 1998

PACER
178

MEMORANDUM by plaintiff in opposition to motion to terminate consent decree. [175-1] 23 pg(s) (VEM) (Entered: 10/05/1998)

Oct. 2, 1998

Oct. 2, 1998

PACER
179

APPENDIX filed by plaintiff re motion to terminate consent decree. [175-1] 22 pg(s) (VEM) (Entered: 10/05/1998)

Oct. 2, 1998

Oct. 2, 1998

PACER
180

REPLY by defendant to motion to terminate consent decree. [175-1]10 pg(s) (VEM) (Entered: 10/05/1998)

Oct. 2, 1998

Oct. 2, 1998

PACER
181

MOTION by Gale A Rachuy to enjoin decree to MCF-WR/ML.( to Magistrate Judge Raymond L. Erickson ) 1 pg(s) (VEM) (Entered: 10/20/1998)

Oct. 19, 1998

Oct. 19, 1998

PACER
182

AFFIDAVIT of Gale A. Rachuy regarding motion to enjoin decree to MCF-WR/ML. [181-1] 2 pg(s) (VEM) (Entered: 10/20/1998)

Oct. 19, 1998

Oct. 19, 1998

PACER
183

MOTION by Gale A Rachuy to enjoin decree to MCF-Faribault. ( to Magistrate Judge Raymond L. Erickson ) 1 pg(s) (VEM) (Entered: 10/20/1998)

Oct. 19, 1998

Oct. 19, 1998

PACER
184

AFFIDAVIT of Gale A. Rachuy regarding motion to enjoin decree to MCF-Faribault. [183-1] 2 pg(s) (VEM) (Entered: 10/20/1998)

Oct. 19, 1998

Oct. 19, 1998

PACER
185

LETTER to court from movant Daniel Hendrickson re motion [154-1] 4pg(s) ( (Entered: 12/01/1998)

Dec. 1, 1998

Dec. 1, 1998

PACER
186

MOTION by Preston T Ridsdale to find defts successors in contempt of the courts order and consent decree. ( to Magistrate Judge Raymond L. Erickson ) 6+ pg(s) (VEM) (Entered: 12/10/1998)

Dec. 9, 1998

Dec. 9, 1998

PACER

Case Details

State / Territory: Minnesota

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 8, 1972

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

incarcerated and former inmates at the Minnesota Correctional Facility at Stillwater

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Minnesota Correctional Facility at Stillwater (Stillwater), State

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

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: 1973 - 1999

Issues

General:

Disciplinary procedures

Type of Facility:

Government-run