Filed Date: 1983
Clearinghouse coding complete
In 1983, male prisoners at the Nebraska State Penitentiary filed a Section 1983 class action suit in the District of Nebraska against officials of the Nebraska Department of Corrections. Plaintiffs complained of defendants' policies and practices allowing female correctional staff to view male prisoners in the nude or in various states of undress.
Braasch v. Gunter was consolidated with Nielson v. Gunter for trial in April 1985. In the June 1985 decision, the Magistrate Judge David L. Piester held that plaintiffs' right to privacy outweighed the equal opportunity employment rights of the female correctional officers. However, the Magistrate Judge limited plaintiffs' privacy right to showering and pat down searches. Braasch v. Gunter, 1985 WL 3530 (D. Neb. July 15, 1985).
Plaintiffs appealed to the District Court from that portion of the magistrate's judgment which refused to extend plaintiffs' privacy rights to in-cell activity. On appeal, District Judge Urbom affirmed the decision of the Magistrate, reasoning that plaintiffs could easily conceal their nudity when in their cell. Nielson v. Gunter, 1986 WL 6480 (D. Neb. June 5, 1986). The docket for this case is not available on PACER, and therefore our information ends with the 1986 memorandum on appeal of magistrate's judgment.
Note: Documents from the Braasch and Nielson cases are included together in this file
Summary Authors
Eoghan Keenan (6/10/2005)
Urbom, Warren Keith (Nebraska)
Last updated March 18, 2024, 3:07 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Nebraska
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: 1983
Case Ongoing: No
Plaintiffs
Plaintiff Description:
male inmates at the Nebraska State Penitentiary
Public Interest Lawyer: Unknown
Filed Pro Se: Unknown
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Nebraska State Penitentiary (Lincoln), State
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 1985 - 0
Issues
General/Misc.:
Discrimination Basis:
Affected Sex/Gender(s):
Jails, Prisons, Detention Centers, and Other Institutions: