Case: Jensen v. Gunter

4:87-cv-00607 | U.S. District Court for the District of Nebraska

Filed Date: Dec. 1, 1987

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On 12/01/1987, inmates at the Nebraska State Penitentiary filed a Section 1983 class action suit, pro se, in the District of Nebraska against officials of the Nebraska Department of Corrections. Plaintiffs alleged that defendants' practice of double celling constituted cruel and unusual punishment in violation of the Eighth Amendment and that the penitentiary's policy relating to inmate liability for contraband violated the Fourteenth Amendment due process clause. Prior to an evidentiary hear…

On 12/01/1987, inmates at the Nebraska State Penitentiary filed a Section 1983 class action suit, pro se, in the District of Nebraska against officials of the Nebraska Department of Corrections. Plaintiffs alleged that defendants' practice of double celling constituted cruel and unusual punishment in violation of the Eighth Amendment and that the penitentiary's policy relating to inmate liability for contraband violated the Fourteenth Amendment due process clause.

Prior to an evidentiary hearing, Jensen v. Gunter was consolidated with three other cases: Pierce v. Clarke, CV 87-L-497; El-Tabech v. Gunter, CV 87-L-377; and Luna v. Clarke, CV 87-L-476. Documents from all are included in this file. These cases involved other Nebraska inmates at the same facility raising the same issues.

Following an eighteen-day evidentiary hearing in June 1992, Magistrate Judge Piester granted plaintiffs' injunctive relief limited to defendants' failure to safeguard plaintiffs from the threat of violent attacks by a cellmate. However, Judge Piester recommended that the defendants be granted a period of time to submit a remedial plan to correct the deficiency. Over plaintiffs' and defendants' objections, the District Court (Judge William G. Cambridge) adopted Judge Piester's report and recommendation. Jensen v. Gunter, 807 F. Supp. 1463 (D. Neb. 1992). Defendants appealed.

The Eight Circuit Court of Appeals (Judge Morris Sheppard Arnold) dismissed the appeal, holding that because there was no final order the Court of Appeals lacked jurisdiction. 992 F.2d 183 (8th Cir. 1993). In 1994, the District Court (Judge Richard Kopf) denied defendants' motion to revoke the prior order and granted plaintiffs' motion for an award of attorneys' fees. Tabech v. Gunter, 869 F. Supp. 1446 (D. Neb. 1994). Defendants appealed. In January 1996, the Eighth Circuit (Judge Richard S. Arnold) remanded for additional factual findings in light of the Supreme Court's decision in Farmer v. Brennan, 511 U.S. 825 (1994). On remand, Judge Kopf held that the evidence was sufficient and certified the findings to the Court of Appeals. Tabech v. Gunter, 922 F. Supp. 244 (D. Neb. 1996). Defendants appealed. The Court of Appeals affirmed the District Court's order. Jensen v. Clarke, 94 F.3d 1191 (8th Cir. 1996).

Following the 8th Circuit decision, a satisfaction of judgment was entered in March 1997. The Court had, however, reserved jurisdiction to enforce the injunction that had been entered in {}.

In 2006, two different prisoners filed motions seeking contempt sanctions for failure to comply with the injunction. The Court rejected both. In the first, the Court noted that while it had reserved enforcement authority, the injunction applied only to the Nebraska State Penitentiary, not other facilities. Therefore the contempt motion exceeded the scope of the injunction. {CITE IF THERE IS ONE}. In the second, the Court more broadly ruled contempt inappropriate, explaining that because the Prison Litigation Reform Act had been enacted after the entry of the injunction, it would be inappropriate to allow prisoners to circumvent the act without complying with its limits on prisoner litigation. The Court instructed the prisoners who'd sought contempt that they could, if they wished, file a new action. {CITE IF THERE IS ONE}

Summary Authors

Eoghan Keenan (6/10/2005)

People


Judge(s)

Arnold, Richard Sheppard (Arkansas)

Cambridge, William G. (Nebraska)

Kopf, Richard George (Nebraska)

Attorneys(s) for Plaintiff

Carter, Victor (Nebraska)

Crisp, Harold (Nebraska)

Dittrich, Laddie (Nebraska)

Duff, Richard (Nebraska)

Freese, Scott D. (Nebraska)

Koukol, David J. (Nebraska)

Pierce, Reginald (Nebraska)

Judge(s)

Arnold, Richard Sheppard (Arkansas)

Cambridge, William G. (Nebraska)

Kopf, Richard George (Nebraska)

Attorneys(s) for Plaintiff

Carter, Victor (Nebraska)

Crisp, Harold (Nebraska)

Dittrich, Laddie (Nebraska)

Duff, Richard (Nebraska)

Freese, Scott D. (Nebraska)

Koukol, David J. (Nebraska)

Pierce, Reginald (Nebraska)

Shively, Robert W. Jr. (Nebraska)

Sims, Ernest L. (Nebraska)

Attorneys(s) for Defendant

Barton, Gregory D. (Nebraska)

Hemmerling, Barry L. (Nebraska)

Mosher, Harold (Nebraska)

Stenberg, Don (Nebraska)

Weeks, Terri Marie (Nebraska)

Documents in the Clearinghouse

Document

4:87-00476

Docket (PACER)

Luna v. Clarke

Jan. 9, 2001

Jan. 9, 2001

Docket

4:87-00497

Docket (PACER)

Pierce v. Clarke

Jan. 9, 2001

Jan. 9, 2001

Docket

4:87-00377

Docket (PACER)

El-Tabech v. Gunter

Dec. 11, 2001

Dec. 11, 2001

Docket

4:87-cv-00607

Docket (PACER)

Jan. 24, 2007

Jan. 24, 2007

Docket
195

4:87-cv-00607

4:87-00377

4:87-00497

4:87-00476

Memorandum Opinion and Order

807 F.Supp. 1463, 1992 U.S.Dist.LEXIS 21603

Sept. 9, 1992

Sept. 9, 1992

Order/Opinion

92-03390

93-01234

Reported Opinion

El-Tabech v. Gunter

U. S. Court of Appeals for the Eighth Circuit

992 F.2d 183, 1993 U.S.App.LEXIS 9927

April 30, 1993

April 30, 1993

Order/Opinion
264

4:87-cv-00607

4:87-00377

4:87-00497

4:87-00476

Memorandum and Order

El-Tabech v. Gunter, Jensen v. Gunter

869 F.Supp. 1446, 1994 U.S.Dist.LEXIS 17260

Dec. 1, 1994

Dec. 1, 1994

Order/Opinion

95-01105

95-01115

Reported Opinion

Jensen v. Clarke

U. S. Court of Appeals for the Eighth Circuit

73 F.3d 808, 1996 U.S.App.LEXIS 341

Jan. 11, 1996

Jan. 11, 1996

Order/Opinion
281

4:87-cv-00607

4:87-00377

4:87-00497

4:87-00476

Memorandum and Order

El-Tabech v. Gunter, Jensen v. Gunter

922 F.Supp. 244, 1996 U.S.Dist.LEXIS 4549

March 28, 1996

March 28, 1996

Order/Opinion

95-01105

95-01115

Reported Opinion

Jensen v. Clarke

U. S. Court of Appeals for the Eighth Circuit

94 F.3d 1191, 1996 U.S.App.LEXIS 23219

Sept. 5, 1996

Sept. 5, 1996

Order/Opinion

Resources

Docket

Last updated Aug. 9, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
2

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

July 7, 1987

July 7, 1987

166

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)

June 11, 1992

June 11, 1992

167

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)

June 15, 1992

June 15, 1992

168

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)

June 18, 1992

June 18, 1992

169

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

July 1, 1992

July 1, 1992

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

July 20, 1992

July 20, 1992

170

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

July 21, 1992

July 21, 1992

171

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

July 21, 1992

July 21, 1992

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

Aug. 11, 1992

Aug. 11, 1992

172

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)

Aug. 17, 1992

Aug. 17, 1992

173

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)

Aug. 24, 1992

Aug. 24, 1992

174

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)

Sept. 9, 1992

Sept. 9, 1992

175

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)

Sept. 9, 1992

Sept. 9, 1992

176

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)

Sept. 9, 1992

Sept. 9, 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)

Sept. 14, 1992

Sept. 14, 1992

177

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)

Oct. 9, 1992

Oct. 9, 1992

178

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)

Oct. 9, 1992

Oct. 9, 1992

179

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

Oct. 9, 1992

Oct. 9, 1992

180

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

Oct. 9, 1992

Oct. 9, 1992

181

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

Oct. 9, 1992

Oct. 9, 1992

182

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)

Oct. 15, 1992

Oct. 15, 1992

183

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)

Oct. 21, 1992

Oct. 21, 1992

184

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)

Oct. 23, 1992

Oct. 23, 1992

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

Oct. 26, 1992

Oct. 26, 1992

185

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)

Oct. 28, 1992

Oct. 28, 1992

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

Oct. 30, 1992

Oct. 30, 1992

187

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)

Oct. 30, 1992

Oct. 30, 1992

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

Nov. 3, 1992

Nov. 3, 1992

188

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)

Nov. 25, 1992

Nov. 25, 1992

189

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)

Nov. 25, 1992

Nov. 25, 1992

190

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)

Jan. 21, 1993

Jan. 21, 1993

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

Jan. 21, 1993

Jan. 21, 1993

191

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

Jan. 22, 1993

Jan. 22, 1993

192

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)

Jan. 25, 1993

Jan. 25, 1993

193

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)

Feb. 1, 1993

Feb. 1, 1993

194

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

Feb. 1, 1993

Feb. 1, 1993

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

April 30, 1993

April 30, 1993

195

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

May 3, 1993

May 3, 1993

196

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)

May 24, 1993

May 24, 1993

198

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)

May 26, 1993

May 26, 1993

199

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

May 27, 1993

May 27, 1993

200

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)

May 27, 1993

May 27, 1993

201

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)

June 1, 1993

June 1, 1993

202

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)

June 1, 1993

June 1, 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)

June 3, 1993

June 3, 1993

203

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)

June 4, 1993

June 4, 1993

203

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

June 4, 1993

June 4, 1993

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

June 18, 1993

June 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)

July 1, 1993

July 1, 1993

204

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)

July 7, 1993

July 7, 1993

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

July 8, 1993

July 8, 1993

206

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

July 30, 1993

July 30, 1993

207

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

July 30, 1993

July 30, 1993

208

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)

Aug. 9, 1993

Aug. 9, 1993

209

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

Aug. 9, 1993

Aug. 9, 1993

210

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

Aug. 9, 1993

Aug. 9, 1993

211

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)

Aug. 9, 1993

Aug. 9, 1993

212

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)

Aug. 9, 1993

Aug. 9, 1993

213

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)

Aug. 9, 1993

Aug. 9, 1993

214

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)

Aug. 9, 1993

Aug. 9, 1993

215

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)

Aug. 9, 1993

Aug. 9, 1993

216

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)

Aug. 9, 1993

Aug. 9, 1993

217

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

Aug. 10, 1993

Aug. 10, 1993

218

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

Aug. 16, 1993

Aug. 16, 1993

219

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)

Aug. 19, 1993

Aug. 19, 1993

220

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)

Aug. 24, 1993

Aug. 24, 1993

222

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

Sept. 2, 1993

Sept. 2, 1993

223

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

Sept. 2, 1993

Sept. 2, 1993

224

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

Sept. 2, 1993

Sept. 2, 1993

225

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

Sept. 2, 1993

Sept. 2, 1993

226

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

Sept. 2, 1993

Sept. 2, 1993

227

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

Sept. 2, 1993

Sept. 2, 1993

228

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)

Sept. 8, 1993

Sept. 8, 1993

229

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

Nov. 24, 1993

Nov. 24, 1993

230

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)

Dec. 2, 1993

Dec. 2, 1993

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

Feb. 8, 1994

Feb. 8, 1994

231

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)

March 17, 1994

March 17, 1994

232

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)

March 22, 1994

March 22, 1994

233

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

March 22, 1994

March 22, 1994

235

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

April 5, 1994

April 5, 1994

236

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)

May 4, 1994

May 4, 1994

236

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)

May 4, 1994

May 4, 1994

237

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)

May 18, 1994

May 18, 1994

238

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)

May 18, 1994

May 18, 1994

239

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)

June 7, 1994

June 7, 1994

240

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)

June 8, 1994

June 8, 1994

241

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)

July 25, 1994

July 25, 1994

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

Aug. 1, 1994

Aug. 1, 1994

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

Aug. 3, 1994

Aug. 3, 1994

242

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

Aug. 5, 1994

Aug. 5, 1994

243

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

Aug. 12, 1994

Aug. 12, 1994

244

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)

Aug. 23, 1994

Aug. 23, 1994

245

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

Sept. 2, 1994

Sept. 2, 1994

246

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)

Sept. 2, 1994

Sept. 2, 1994

247

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)

Sept. 8, 1994

Sept. 8, 1994

248

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)

Sept. 9, 1994

Sept. 9, 1994

249

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)

Sept. 9, 1994

Sept. 9, 1994

250

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)

Sept. 15, 1994

Sept. 15, 1994

251

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)

Sept. 16, 1994

Sept. 16, 1994

252

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

Sept. 16, 1994

Sept. 16, 1994

Case Details

State / Territory: Nebraska

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 1, 1987

Closing Date: 2007

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

inmates at the Nebraska State Penitentiary

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Nebraska State Penitentiary (Lincoln), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1992 - 2007

Issues

General:

Assault/abuse by residents/inmates/students

Classification / placement

Personal injury

Search policies

Crowding:

Crowding / caseload

Type of Facility:

Government-run