Case: Crowe v. Erickson

4:72-cv-04101 | U.S. District Court for the District of South Dakota

Filed Date: Nov. 21, 1972

Clearinghouse coding complete

Case Summary

On November 21, 1972, inmates of the South Dakota State Penitentiary filed a Section 1983 suit in the District Court for the Southern Division of South Dakota against the warden, prison officials, and the Governor. Plaintiffs complained of punishment for violations of prison rules without due process of law, prison officials reading and censoring incoming and outgoing mail, poor medical treatment, inadequate religious and cultural protections, inadequate work release and employment programs, a…

On November 21, 1972, inmates of the South Dakota State Penitentiary filed a Section 1983 suit in the District Court for the Southern Division of South Dakota against the warden, prison officials, and the Governor. Plaintiffs complained of punishment for violations of prison rules without due process of law, prison officials reading and censoring incoming and outgoing mail, poor medical treatment, inadequate religious and cultural protections, inadequate work release and employment programs, and limited access to the law library. On December 26, 1972, a plaintiff subclass was created consisting of all Native American inmates. This subclass was represented by the Native American Rights Fund.

On December 1, 1972, the District Court (Judge Fred J. Nichol) granted the plaintiffs' motion for a preliminary injunction preventing defendants from opening, reading, or interfering with any legally related incoming or outgoing mail. In a partial consent decree filed on January 29, 1975, the parties agreed to terms on the opening and censorship of incoming and outgoing mail. Judge Nichol subsequently modified this decree in a July 11, 1986 order which allowed prison officials to withhold mail delivery from a particular inmate suspected of receiving LSD.

On August 24, 1973, the District Court issued an order granting the plaintiffs some relief on their due process claims, providing certain procedures that defendants must follow in inmate disciplining. This order was subsequently amended by orders on the following dates: November 21, 1973; November 23, 1973; December 6, 1974; March 10, 1975; and June, 1, 1978.

On May 22, 1974, a temporary restraining order was filed preventing defendants from taking any disciplinary action against any members of the Native American subclass for violations of a prison haircut rule. On April 4, 1975, after a hearing on the merits, the District Court held that the hair length regulations - as applied to the members of the Native American subclass - were unconstitutional, and enjoined the defendants from enforcing the hair length regulations against the Native American subclass.

On August 21, 1975, the District Court issued an order approving the Living Guide and Regulations of the South Dakota State Penitentiary. Modifications to the Living Guide were approved in orders dated September 2, 1986 and February 24, 1993.

On February 17, 1976, a partial consent decree was filed addressing inmate's cosmetic dental treatment.

On May 4, 1977, the parties signed a settlement agreement which, among other things, provided for better medical treatment, religious accommodations for Native American inmates, and access to a law library.

This case involves the same plaintiff class and defendants as Native American Council of Tribes v. Solem, 691 F.2d 382 (8th Cir. 1982). PC-SD-003.

Summary Authors

Chris Sullivan (7/27/2005)

Related Cases

Native American Council of Tribes v. Solem, District of South Dakota (1981)

People


Judge(s)

Bogue, Andrew Wendell (South Dakota)

Jones, John Bailey (South Dakota)

Nichol, Fred Joseph (South Dakota)

Attorneys(s) for Plaintiff

Echo-Hawk, Walter R. (Colorado)

Haber, Roy S. (Oregon)

Pevar, Stephen L. (Colorado)

Attorneys(s) for Defendant

Fisher, Gale E. (South Dakota)

Janklow, William J. (South Dakota)

Lieberman, Peter H. (South Dakota)

Judge(s)

Bogue, Andrew Wendell (South Dakota)

Jones, John Bailey (South Dakota)

Nichol, Fred Joseph (South Dakota)

Attorneys(s) for Plaintiff

Echo-Hawk, Walter R. (Colorado)

Haber, Roy S. (Oregon)

Pevar, Stephen L. (Colorado)

Attorneys(s) for Defendant

Fisher, Gale E. (South Dakota)

Janklow, William J. (South Dakota)

Lieberman, Peter H. (South Dakota)

Documents in the Clearinghouse

Document

Docket (PACER)

Aug. 25, 2002 Docket
12

Preliminary Injunction

Dec. 1, 1972 Order/Opinion
33

Order

April 10, 1973 Order/Opinion
39

Order, Judgment and Decree

Aug. 24, 1973 Order/Opinion
46

Order to Show Cause

Oct. 3, 1973 Order/Opinion
58

Order

Nov. 21, 1973 Order/Opinion
59

Supplemental Order

Nov. 23, 1973 Order/Opinion
17

Order

Dec. 26, 1973 Order/Opinion
82

Temporary Restraining Order

May 22, 1974 Order/Opinion
88

Order Extending Temporary Restraining Order

May 29, 1974 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

DOCKET SHEET Case Filed on 11/21/72 (FE) (Entered: 08/09/2002)

Aug. 9, 2002

Terminating case; Case closed on 05/04/77 (FE) (Entered: 08/09/2002)

Aug. 9, 2002

ALL FURTHER DOCKETING TO BE DONE IN ICMS (FE) (Entered: 08/09/2002)

Aug. 9, 2002
12

PRELIMINARY INJUNCTION Filed on December 1, 1972 (DJP) (Entered: 01/08/2003)

Aug. 9, 2002
17

ORDER Filed on December 26, 1973 (DJP) (Entered: 01/08/2003)

Aug. 9, 2002
33

ORDER Filed on April 11, 1973 (DJP) (Entered: 01/09/2003)

Aug. 9, 2002
39

ORDER, JUDGMENT AND DECREE Filed on August 24, 1973 (DJP) (Entered: 01/09/2003)

Aug. 9, 2002
46

ORDER TO SHOW CAUSE Filed on October 3, 1973 (DJP) (Entered: 01/09/2003)

Aug. 9, 2002
58

ORDER Filed on November 21, 1973 (DJP) (Entered: 01/09/2003)

Aug. 9, 2002
59

SUPPLEMENTAL ORDER Filed on November 23, 1973 (DJP) (Entered: 01/09/2003)

Aug. 9, 2002
82

Temporary Restraining Order Filed on May 22, 1974 (DJP) (Entered: 09/25/2002)

Aug. 10, 2002
88

Order Extending Temporary Restraining Order Filed on May 29, 1974 (DJP) (Entered: 09/25/2002)

Aug. 10, 2002
94

Memorandum Opinion Filed on June 19, 1974 (DJP) (Entered: 09/25/2002)

Aug. 10, 2002
119

Order Filed on December 6, 1974 (DJP) (Entered: 09/25/2002)

Aug. 10, 2002
121

Order Filed on December 19, 1974 (DJP) (Entered: 09/25/2002)

Aug. 10, 2002
151

PARTIAL CONSENT DECREE Filed on January 29, 1975 (DJP) (Entered: 08/29/2002)

Aug. 11, 2002
179

FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER Filed on March 10, 1975 (DJP) (Entered: 08/30/2002)

Aug. 11, 2002
181

FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER Filed on April 4, 1975 (DJP) (Entered: 09/06/2002)

Aug. 11, 2002
196

Order Filed on 6/17/76 (JMM) Modified on 08/29/2002 (Entered: 08/29/2002)

Aug. 12, 2002
228

ORDER Filed on June 1, 1978 (DJP) (Entered: 08/29/2002)

Aug. 13, 2002
234

ORDER re: mail of Ruth Packard Filed on July 11, 1986 (DJP) (Entered: 08/28/2002)

Aug. 15, 2002
238

ORDER approving modification of the living guide and regulations of the SDSP Filed on September 2, 1986 (DJP) (Entered: 08/28/2002)

Aug. 20, 2002
268

ORDER re: proposed changes to Inmate Living Guide of SDDOC Filed on February 24, 1993 (DJP) (Entered: 08/28/2002)

Aug. 25, 2002

State / Territory: South Dakota

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Nov. 21, 1972

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates of the South Dakota State Penitentiary

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

South Dakota State Penitentiary, State

South Dakota State Penitentiary (Sioux Falls), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1972 - 0

Content of Injunction:

Preliminary relief granted

Issues

General:

Administrative segregation

Classification / placement

Disciplinary procedures

Disciplinary segregation

Law library access

Mail

Religious programs / policies

Search policies

Discrimination-basis:

Race discrimination

Type of Facility:

Government-run