Case: Jensen v. Gunter

Luna v. Clarke

Pierce v. Clarke

El-Tabech v. Gunter

El-Tabech v. Gunter

U. S. Court of Appeals for the Eighth Circuit

El-Tabech v. Gunter, Jensen v. Gunter

Jensen v. Clarke

U. S. Court of Appeals for the Eighth Circuit

El-Tabech v. Gunter, Jensen v. Gunter

Jensen v. Clarke

U. S. Court of Appeals for the Eighth Circuit

COMPLAINT (ICMSUSER) (Entered: 01/29/1992)

REPORT AND RECOMMENDATION by Mag. Judge Piester that Ct enter jgm in favor of Ps on clm for inj relief on failure to safeguard Ps fm threat of violent attacks, etc. and in favor of Ds on all other clms; giving Ds time to subm plan to correct deficiency & this Ct hold all proceedings necessary to ensure inj relief is promptly implemented unless obj made w/i 20 days - CCAP (CCB) (Entered: 06/12/1992)

MOTION by defendant Frank O. Gunter, defendant Harold W. Clarke, defendant Mario Peart, defendant Donn Beaver, defendant Marshall Scott, defendant Maximino Gonzales to extend time to obj to r & r , w afdt of Terri M. Weeks in suppt (ICMSUSER) (Entered: 06/16/1992)

ORDER by Judge Warren K. Urbom granting motion to extend time to obj to r & r [167-1] & giving Ds to 7/21/92 to obj to report and recommendation - CCAP (CCB) (Entered: 06/18/1992)

NOTICE that case has been reassigned to WGC (ICMSUSER) (Entered: 07/02/1992)

FILE SENT to Mary in Judge Cambridge's office (CCB) (Entered: 07/20/1992)

OBJECTION in part by plaintiff to RR [166-1] (CCB) (Entered: 07/22/1992)

OBJECTION by defendants to RR [166-1] with attachments (CCB) Modified on 07/22/1992 (Entered: 07/22/1992)

ALL EXHIBITS AND TRANSCRIPTS SENT to Omaha for WGC (ICMSUSER) (Entered: 08/11/1992)

MOTION by defendant Frank O. Gunter, defendant Harold W. Clarke, defendant Mario Peart, defendant Donn Beaver, defendant Marshall Scott, defendant Maximino Gonzales to strike resp to Ds' obj to R & R (ICMSUSER) (Entered: 08/18/1992)

MOTION by defendant Frank O. Gunter, defendant Harold W. Clarke, defendant Mario Peart, defendant Donn Beaver, defendant Marshall Scott, defendant Maximino Gonzales to withdraw motion to strike (ICMSUSER) (Entered: 08/26/1992)

ORDER by Judge William G. Cambridge granting motion to withdraw motion to strike [173-1] withdrawing motion to strike resp to Ds' obj to R & R [172-1] - CCAP (CJS) (Entered: 09/14/1992)

MEMORANDUM, OPINION, AND ORDER: by Judge William G. Cambridge granting report and recommendation by Mag. Judge Piester that Ct enter jgm in favor of Ps on clm for inj relief on failure to safeguard Ps fm threat of violent attacks, etc. and in favor of Ds on all other clms; giving Ds time to subm plan to correct deficiency & this Ct hold all proceedings necessary to ensure inj relief is promptly implemented [166-1] denying motion OBJECTION in part by plaintiff to RR [166-1] [170-1] denying motion OBJECTION by defendants to RR [166-1] [171-1] - CCAP STAYED PER ORDER DTD 10/28/92 (CJS) (Entered: 09/14/1992)

JUDGMENT: by Judge William G. Cambridge granting report and recommendation by Mag. Judge Piester that Ct enter jgm in favor of Ps on clm for inj relief on failure to safeguard Ps fm threat of violent attacks, etc. and in favor of Ds on all other clms; giving Ds time to subm plan to correct deficiency & this Ct hold all proceedings necessary to ensure inj relief is promptly implemented [166-1] denying motion OBJECTION in part by plaintiff to RR [166-1] [170-1] denying motion OBJECTION by defendants to RR [166-1] [171-1] terminating case - CCAP and appeal form sent" (CJS) (Entered: 09/14/1992)

FILE SENT to Clerk's Office in Lincoln - Vol. I, II and III [closed] (PLW) Modified on 09/14/1992 (Entered: 09/14/1992)

NOTICE OF APPEAL by defendants from Dist. Court decision [176-2] (fil fee pd) - CCAP (ICMSUSER) Modified on 10/09/1992 (Entered: 10/09/1992)

ORDER for transcript (already prepared & filed) - Copy mld to Linda Swanson & Kathy Scheer Court Reporters, Latimer Reporting, 528 S. l3th St., #1, Lincoln, NE 68508, ph (402) 476-1153 (ICMSUSER) (Entered: 10/09/1992)

RECEIPT #6677 for Appeal fee in the amount of $ 105.00 [177-1] (ICMSUSER) (Entered: 10/09/1992)

MOTION by defendants pursuant to FRAP 11(c) to req clk to temp retain record (ICMSUSER) (Entered: 10/09/1992)

MOTION by defendant to stay of injunction pending appeal (ICMSUSER) (Entered: 10/09/1992)

2 CERTIFIED COPIES OF Ds' Clarke & Hopkins NOTICE OF APPEAL filed 10/9/92, together with R & R filed 6/11/92, Memo & Ord & Jgm filed 9/9/92 and clerk's docket entries mailed to Clerk, USCA 8th Circuit; docket entries also mailed to attys of record (ICMSUSER) Modified on 10/15/1992 (Entered: 10/15/1992)

NOTICE OF CROSS APPEAL by plaintiff Mohamed Abdul Hafiz El- Tabech from Dist. Court decision [176-2] (fil fee not pd) - CCAP (ICMSUSER) (Entered: 10/22/1992)

AMENDED NOTICE OF APPEAL by plaintiff Mohamed Abdul Hafiz El-Tabech from Dist. Court judgmt entered 9/9/92, w certif of serv dated 10/23/92 (Certified copy of last page of docket sheets mailed to USCA) (ICMSUSER) Modified on 10/26/1992 (Entered: 10/26/1992)

FILE SENT to Omaha (Vol III) (ICMSUSER) (Entered: 10/26/1992)

ORDER by Judge William G. Cambridge granting motion pursuant to FRAP 11(c) to req clk to temp retain record [180-1] granting motion to stay of injunction pending appeal [181-1]; clerk shall, if appropriate, certify to the clerk of the 8th circuit that the record is complete for purposes of appeal; upon receipt of the brf of the Appellee, the Appellant shall request the clerk to transmit the record to the 8th circuit; order entered on 9/9/92 granting the Ps injunction is hereby stayed pending appeal to the 8th circuit. - CCAP (PCV) (Entered: 10/30/1992)

SCHEDULING ORDER from USCA; Appellate Docket Number 92- 3390 ; trans desgn set for 12/7/92 ; appnt desgn ddl set for 11/6/92 ; appe desgn ddl set for 11/16/92 (ICMSUSER) (Entered: 11/03/1992)

FILE SENT to Clerk's Office in Lincoln (Vol. III) [closed] (PLW) (Entered: 10/30/1992)

FILE SENT to Omaha, c/o N. Vadnais, Vol III only (ICMSUSER) (Entered: 11/03/1992)

REVISED SCHEDULING ORDER from USCA; Appellate Docket Number 92-3390 trans desgn set for 12/14/92 [184-1], [183-1], [177-1], joint appendix (3 copies) due 12/23/92, etc. (CCB) (Entered: 11/27/1992)

COPY of Appellate Court Order: Appellees' mtn to dism appeal is hereby ordered tkn with the case for consideration by the panel to which this case is subm for disposition on the merits (CCB) (Entered: 11/27/1992)

CERTIFIED AND ORDERED by WGC that the appeal is taken in good faith and is not frivolous, and the court reporter is directed to prepare and file a transcript of testimony in orig. copy only with expense thereof to be paid by the U.S. as provided in 28:USC753(f). (NCD) (Entered: 01/21/1993)

FILE SENT to Winnie Nichols in Lincoln (Vol. III only) (PLW) (Entered: 01/21/1993)

TRANSCRIPT SENT to USCA 8th Circuit 18 Vols 9/30/91 (#158) 1/22/93 - CCAP (ICMSUSER) (Entered: 01/25/1993)

2 CERTIFIED COPIES OF NOTICE OF CROSS-APPEAL filed 10/21/92 , together with RR filed 6/11/92; memo opin & ord & jdg filed 9/9/92 & ord filed 1/21/93 and clerk's docket entries mailed to Clerk, USCA 8th Circuit; docket entries also mailed to attys of record (fil fee not pd) (ICMSUSER) (Entered: 01/25/1993)

Copy of ORDER USCA-8 appt Robert Shively to repres El-Tabech, Barry Hemmerling to represent Luna, Gregory Barton to represent Pierce, Duff, Wilson, Crisp, Dittrich, Dawson, V Carter, G Carter, Kane & Sims, & Scott Freese to represent Jensen (ICMSUSER) (Entered: 02/02/1993)

SCHEDULING ORDER from USCA; Appellate Cross Appeal Docket Number on 93-1234 [183-1] (ICMSUSER) (Entered: 02/02/1993)

FILE SENT to Omaha, Vol III, for Mary in Judge Cambridge's office (ICMSUSER) (Entered: 04/30/1993)

COPY OF OPINION of USCA, 8th Circuit, dismissing appeal (CCB) (Entered: 05/05/1993)

MOTION by plaintiff Mohamed Abdul Hafiz El-Tabech to lift stay , for order to establish sched to submit proposed remedial plan and for Ps' to subm a response thereto (ICMSUSER) Modified on 03/14/1994 (Entered: 05/26/1993)

COSTS taxed (USCA-8) for plaintiff Mohamed Abdul Hafiz El-Tabech in the amount of $ 322.00 against defendants Frank O. Gunter, Harold W. Clarke, Mario Peart, Donn Beaver, Marshall Scott, Maximino Gonzales - CCAP (ICMSUSER) (Entered: 05/28/1993)

MOTION by defendants to extend time to respond to mot to lift stay &for prog sched (ICMSUSER) (Entered: 05/28/1993)

AFFIDAVIT of Marie C. Pawol regarding motion to extend time to respond to mot to lift stay &for prog sched [199-1] (ICMSUSER) (Entered: 05/28/1993)

ORDER by Judge William G. Cambridge granting motion to extend time to 6/21/93 to respond to mot to lift stay &for prog sched [199-1] motion to lift stay [196-1], and motion for order to establish sched to submit proposed remedial plan and for Ps' to subm a response thereto [196-2] ready to rule date changed to 6/21/93 - CCAP (PCV) (Entered: 06/03/1993)

ORDER by Judge William G. Cambridge referring to Magistrate David L. Piester the motion to lift stay [196-1], referring to Magistrate David L. Piester the motion for order to establish sched to submit proposed remedial plan and for Ps' to subm a response thereto [196-2] original brf to WGC, copy to DLP - CCAP (PCV) (Entered: 06/03/1993)

FILE SENT to Magis. Judge Piester in L re flng. #202 (Vol. III only) (PLW) Modified on 06/03/1993 (Entered: 06/03/1993)

ORDER (USCA-8) remanding appellees' mot for atty fees to dist ct & clk is dir to place this order in previous iss'd mandate - CCAP (ICMSUSER) (Entered: 06/07/1993)

MOTION by plaintiff Mohamed Abdul Hafiz El-Tabech for attorney fees (ICMSUSER) (Entered: 06/08/1993)

REMARK page 1 of opin from USCA substituted with correct name of Scott Marshall (ICMSUSER) (Entered: 06/18/1993)

FILES SENT to Omaha - Vols II and III - for Mary Buckley (Vol I will be returned to Omaha office by Atty Sampson of Omaha) (ICMSUSER) (Entered: 07/01/1993)

ORDER by Judge William G. Cambridge on remand from the 8th Circuit Crt of Appeals, plaintiffs are allowed 30 days from the date of this order to make an appropriate showing with regard to attny fees; Ds are allowed 15 days from the date of service of the Ps showing to respond thereto. ; ddl to show cause set for - CCAP (PCV) (Entered: 07/08/1993)

FILE SENT to Clk's ofc. in L--returning file (Vol. I-III) (PLW) (Entered: 07/08/1993)

MOTION by plaintiff Mohamed Abdul Hafiz El-Tabech for preliminary injunction w afdt attch (ICMSUSER) (Entered: 08/02/1993)

CERTIFICATE by plaintiff Mohamed Abdul Hafiz El-Tabech mot for tro & prelinj (ICMSUSER) (Entered: 08/02/1993)

MINUTES before Judge Richard G. Kopf that motion for TRO and prel inj are granted in part and denied in part, written order to issue (CCB) (Entered: 08/10/1993)

WITNESS LIST by P (CCB) (Entered: 08/10/1993)

EXHIBIT LIST by P (CCB) (Entered: 08/10/1993)

MEMORANDUM AND ORDER: by Judge Richard G. Kopf granting motion for preliminary injunction [206-1] in part and giving cnsl for Ds to file and serve a proposed remedial plan & giving Ps time to resp; finding the motion for temporary restraining order [205-1] moot. - CCAP (CCB) (Entered: 08/10/1993)

MOTION by plaintiff for attorney fees and expenses attrib to premature appeal filed 8/6/93 (CCB) Modified on 03/17/1994 (Entered: 08/10/1993)

AFFIDAVIT of Gregory D. Barton regarding motion for attorney fees and expenses attrib to premature appeal [212-1] with attachments filed 8/6/93 (CCB) (Entered: 08/10/1993)

INDEX by plaintiff re: motion for attorney fees and expenses attrib to premature appeal [212-1] filed 8/6/93 (CCB) (Entered: 08/10/1993)

AFFIDAVIT of Robert W. Shively regarding motion for attorney fees and expenses attrib to premature appeal [212-1] with exh atchd filed 8/6/93 (CCB) (Entered: 08/10/1993)

AFFIDAVIT of Jack L. Shult regarding motion for attorney fees and expenses attrib to premature appeal [212-1] filed 8/6/93 (CCB) (Entered: 08/10/1993)

Clerk's NOTICE re hrg on 8/9/93 at 9:00 (ICMSUSER) (Entered: 08/16/1993)

Proposed remedial plan and MOTION by defendant Harold W. Clarke req for evid hearing (ICMSUSER) (Entered: 08/19/1993)

MOTION by defendants Harold Clarke and Frank Hopkins to extend time to resp to Ps' applic for atty fees to 9/8/93 with afdt of Terri Weeks attached (CCB) Modified on 08/20/1993 (Entered: 08/20/1993)

ORDER by Magistrate David L. Piester gv Ps to 9/3/93 to resp to Ds' prop remedial plan & finding the motion for order to establish sched to submit proposed remedial plan and for Ps' to subm a response thereto [196-2] moot. - CCAP (ICMSUSER) (Entered: 08/25/1993)

NOTICE of amend proposed remidial plan by defendants (ICMSUSER) (Entered: 09/02/1993)

ORDER Case reopened , Case reassigned to Judge Richard G. Kopf - CCAP (ICMSUSER) (Entered: 09/02/1993)

MEMORANDUM AND ORDER: by Judge Richard G. Kopf Case reassigned to Judge Richard G. Kopf - CCAP (ICMSUSER) (Entered: 09/02/1993)

MOTION by plaintiff to extend time to resp to Ds' proposed remedial plan (CCB) (Entered: 09/07/1993)

AFFIDAVIT of Gregory D. Barton regarding motion to extend time to resp to Ds' proposed remedial plan [225-1] (CCB) (Entered: 09/07/1993)

CERTIFICATE by plaintiff of service of adt of Gregory D. Barton (CCB) (Entered: 09/07/1993)

ORDER by Judge Richard G. Kopf granting motion to extend time to resp to Ds' proposed remedial plan [225-1] to 9/22/93 - CCAP (ICMSUSER) (Entered: 09/09/1993)

MOTION by plaintiff for authorization for expenses for costs in retention of an expert prison condition justice consultant (CCB) (Entered: 11/26/1993)

ORDER by Magistrate David L. Piester granting motion for authorization for expenses of $1,834.50 for costs in retention of an expert prison condition justice consultant [229-1] - CCAP (ICMSUSER) (Entered: 12/02/1993)

FILE SENT to Clk's ofc in L--returning file (Vol. I only) (PLW) (Entered: 02/08/1994)

MEMORANDUM, OPINION, AND ORDER: by Judge Richard G. Kopf denying w/o prejud motion for attorney fees [203-1] and [212]; granting in part and deny in part motion req for evid hearing [218-1]; granting motion to lift stay [196-1] [196-2] stay lifted ; cases referred to Magistrate Judge Piester for conducting evid hrings and iss r & r - CCAP (ICMSUSER) (Entered: 03/17/1994)

MEMORANDUM, OPINION, AND ORDER: by Magistrate David L. Piester that rep of counsl to contact this office to coordinate time and date for evid hring - CCAP (ICMSUSER) (Entered: 03/22/1994)

MOTION by plaintiffs for reimbursement of authorized expert prison conditions consultant costs , w attchmt (ICMSUSER) (Entered: 03/23/1994)

MOTION by defendants Harold Clarke and Frank Hopkins for leave to file amended remedial plan , w attchmts (ICMSUSER) (Entered: 04/06/1994)

MEMORANDUM, OPINION, AND ORDER: by Magistrate David L. Piester granting motion for leave to file amended remedial plan [235-1] - CCAP (ICMSUSER) (Entered: 05/04/1994)

REPORT AND RECOMMENDATION that for reasons discussed (in fil #232) dfts be permanently enjoined to adopt proposed amd remedial plan (set forth in fil #235), and giv parties 10 days to obj by Magistrate David L. Piester - CCAP (ICMSUSER) (Entered: 05/04/1994)

MOTION by plaintiff for reconsideration of court's memorandum and order of 9/9/92 and interlocutory judgment of 9/9/92 (ICMSUSER) (Entered: 05/18/1994)

OBJECTION in part by plaintiff to the US Magistratae Judge's report, order and recommendation of 5/4/94 re: RR [236-1] (ICMSUSER) (Entered: 05/18/1994)

MOTION by plaintiff for leave to submt brf in resp to dfts' objn to pl's mtn for reconsid and dfts' resp to pl's objn to r and r (ICMSUSER) (Entered: 06/08/1994)

ORDER by Judge Richard G. Kopf granting motion for leave to submt brf in resp to dfts' objn to pl's mtn for reconsid and dfts' resp to pl's objn to r and r [239-1] - CCAP (ICMSUSER) (Entered: 06/09/1994)

MEMORANDUM AND ORDER: by Judge Richard G. Kopf giving ptys time to 8/12/94 to submit simultaneous briefs & responsive briefs re issue injunctive relief; any party desiring evid hrg shall file req by 8/5/94 - CCAP (CCB) (Entered: 07/25/1994)

FILE SENT to Omaha per WGC Lisa Henkell (ICMSUSER) (Entered: 08/01/1994)

FILE SENT to Clk's ofc in L--returning file (Vol. I-IV) (PLW) (Entered: 08/03/1994)

CERTIFICATE of service by defendants of brief pursuant to Court's July 25, 1994 order (CCB) (Entered: 08/08/1994)

CERTIFICATE of service by defendants of resp to Ps' 8/5/94 brief (CCB) (Entered: 08/15/1994)

MEMORANDUM, OPINION, AND ORDER: by Judge Richard G. Kopf granting OBJECTION in part by plaintiff to the US Magistratae Judge's report, order and recommendation of 5/4/94 re: RR [236-1] [238-1] granting motion REPORT AND RECOMMENDATION that for reasons discussed (in fil #232) dfts be permanently enjoined to adopt proposed amd remedial plan (set forth in fil #235), and giv parties 10 days to obj [236-1] denying motion for reconsideration of court's memorandum and order of 9/9/92 and interlocutory judgment of 9/9/92 [237-1] ;plas givn until 9/6/94 to file applicn for atty fees, and dfts to 9/20/94 to respd - CCAP (ICMSUSER) (Entered: 08/23/1994)

MOTION by plaintiff to extend time for pla to file applicn for atty fees and dfts to respd (ICMSUSER) (Entered: 09/02/1994)

ORDER by Judge Richard G. Kopf granting motion to extend time for pla to file applicn for atty fees and dfts to respd [245-1] ; Motion Filing and resp ddl 9/23/94 - CCAP (ICMSUSER) (Entered: 09/02/1994)

MOTION by plaintiff to extend time to file application for attys fees and expenses and granting Ds time to respond (CCB) (Entered: 09/09/1994)

ORDER by Judge Richard G. Kopf advising counsl of certn provsns of section 20409, w copy of summary attch'd - CCAP (ICMSUSER) (Entered: 09/09/1994)

ORDER by Judge Richard G. Kopf granting motion to extend time to file application for attys fees and expenses and granting Ds time to respond [247-1] ; Motion Filing ddl set for 9/16/94, and dfts response 9/30/94 - CCAP to counsl only (ICMSUSER) (Entered: 09/09/1994)

MOTION by defendants Harold W. Clarke and Frank Hopkins to extend time to determine whether a filing is needed in the case with afdt attached (CCB) (Entered: 09/15/1994)

ORDER by Judge Richard G. Kopf granting Dfs' motion to extend time to determine whether a filing is needed in the case [250-1] - CCAP (CCB) (Entered: 09/16/1994)

MOTION by plaintiff for attorney fees and expenses (CCB) (Entered: 09/19/1994)