Case: Braasch v. Gunter

4:83-00459 | U.S. District Court for the District of Nebraska

Filed Date: 1983

Clearinghouse coding complete

Case Summary

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. Pieste…

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)

People


Judge(s)

Urbom, Warren Keith (Nebraska)

Judge(s)

Urbom, Warren Keith (Nebraska)

Documents in the Clearinghouse

Document

4:83-00459

83-00682

Memorandum of Decision

1985 WL 3530

July 15, 1985

July 15, 1985

Order/Opinion

83-00682

Memorandum on Appeal of Magistrate's Judgment

Nielsen v. Gunter

1986 WL 6480

June 5, 1986

June 5, 1986

Order/Opinion

Resources

Docket

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

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Nebraska

Case Type(s):

Prison Conditions

Special Collection(s):

Strip Search Cases

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

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1985 - 0

Issues

General:

Confidentiality

Search policies

Sex w/ staff; sexual harassment by staff

Strip search policy

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Male

Type of Facility:

Government-run