Case: Miller v. Grubbe

2:09-cv-00040 | U.S. District Court for the District of Wyoming

Filed Date: Feb. 24, 2009

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On February 24, 2009, the plaintiff, a prisoner at the Wyoming State Penitentiary (WSP) filed a class action lawsuit in the United States Court for the District of Wyoming under 42 U.S.C. § 1983 against the WSP, alleging violations of his First and Fourteenth Amendment Rights. Specifically, the plaintiff alleged that he was singled out for filing a complaint against a corrections officer, and denied due process by the WSP warden, who did not allow him to present evidence in his favor during hi…

On February 24, 2009, the plaintiff, a prisoner at the Wyoming State Penitentiary (WSP) filed a class action lawsuit in the United States Court for the District of Wyoming under 42 U.S.C. § 1983 against the WSP, alleging violations of his First and Fourteenth Amendment Rights. Specifically, the plaintiff alleged that he was singled out for filing a complaint against a corrections officer, and denied due process by the WSP warden, who did not allow him to present evidence in his favor during his disciplinary hearing. The plaintiff was represented by the Wyoming ALCU, and sought declaratory and injunctive relief.

On October 28, 2008, approximately 25 prisoners at WSP witnessed an altercation between a guard and a prisoner. The plaintiff claimed to see one of the guards intentionally and unnecessarily kick the prisoner in the head while he was shackled and held beneath several additional guards. When the plaintiff indicated to the officers that he intended to file a complaint against their conduct, he was threatened with a disciplinary action. When the officer did file a grievance against the officer, he was sanctioned. Thereafter, he was not allowed by the officer reviewing his disciplinary sanction to call witnesses who had overheard the threatened action, or others who had witnessed the guards kick the prisoner in the head.

The plaintiff alleged that the Warden summarily denied his appeal of the disciplinary sanction because he did not present any evidence (which he was not allowed to do by the reviewing officer). The plaintiff was put into solitary confinement for two months as a result.

The plaintiff filed suit alleging violations of his First and Fourteenth Amendment rights. The plaintiff challenged the disciplinary procedures and the specific policy of overly redacting documents provided to prisoners that were non-confidential.

On July 30, 2009, the plaintiff voluntarily dismissed the suit. He was no longer a prisoner at WSP, and was living at home with his ailing mother as her full-time caregiver in a bordering state. According to the stipulation of dismissal, he could not attend the depositions and maintain the action along with his caregiving responsibilities. The Court (Judge Alan B. Johnson) dismissed the case without ruling on class certification on the same day.

The case was not closed, and it was not dismissed with prejudice. However, because the plaintiff may have lost standing to restart the action, this case is likely over.

Summary Authors

Blase Kearney (7/3/2012)

People


Judge(s)

Beaman, William C. (Wyoming)

Johnson, Alan Bond (Wyoming)

Attorney for Plaintiff

Horvath, Jennifer (Wyoming)

Pevar, Stephen L. (Colorado)

Attorney for Defendant

Cox, Christine (Wyoming)

Judge(s)

Beaman, William C. (Wyoming)

Johnson, Alan Bond (Wyoming)

show all people

Documents in the Clearinghouse

Document

2:09-cv-00040

Docket [PACER]

July 30, 2009

July 30, 2009

Docket
1

2:09-cv-00040

Complaint

Feb. 24, 2009

Feb. 24, 2009

Complaint
30

2:09-cv-00040

Stipulation Allowing Plaintiff's Voluntary Dismissal of this Case

July 30, 2009

July 30, 2009

Settlement Agreement

Docket

Last updated Feb. 18, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (summons(es) issued) ( Filing fee $350 receipt #6319.), filed by Plaintiff Joseph Miller. (Attachments: # 1 Civil Cover Sheet)(sbad, ) (Entered: 02/25/2009)

Feb. 24, 2009

Feb. 24, 2009

2

NOTICE of Complexity by Plaintiff Joseph Miller, this case is non−complex. (sbad, ) Modified on 2/25/2009 (sal). (Entered: 02/25/2009)

Feb. 24, 2009

Feb. 24, 2009

3

REFERRED TO MAGISTRATE JUDGE. MOTION for Stephen L Pevar to appear pro hac vice; Check tendered; filed by Plaintiff Joseph Miller. (Attachments: # 1 Proposed Order)(sbad, ) (Entered: 02/25/2009)

Feb. 24, 2009

Feb. 24, 2009

4

ORDER by the Honorable Judge William C Beaman granting 3 Motion to appear pro hac vice admitting Stephen L Pevar for Joseph Miller. (sbad, ) (Entered: 02/27/2009)

Feb. 26, 2009

Feb. 26, 2009

5

WAIVER OF SERVICE Returned Executed by Clyde Goodman. Clyde Goodman waiver sent on 2/24/2009, answer due 4/27/2009. (Cox, Christine) (Entered: 03/17/2009)

March 17, 2009

March 17, 2009

6

WAIVER OF SERVICE Returned Executed by Michael Grubbe. Michael Grubbe waiver sent on 2/24/2009, answer due 4/27/2009. (Cox, Christine) (Entered: 03/17/2009)

March 17, 2009

March 17, 2009

7

WAIVER OF SERVICE Returned Executed by Michael Murphy. Michael Murphy waiver sent on 2/24/2009, answer due 4/27/2009. (Cox, Christine) (Entered: 03/17/2009)

March 17, 2009

March 17, 2009

8

WAIVER OF SERVICE Returned Executed by Lonnie Prindle. Lonnie Prindle waiver sent on 2/24/2009, answer due 4/27/2009. (Cox, Christine) (Entered: 03/17/2009)

March 17, 2009

March 17, 2009

10

NOTICE of complexity by Defendants Michael Grubbe, Lonnie Prindle, Clyde Goodman, Michael Murphy ; this case is non−complex. (Cox, Christine) (Entered: 04/22/2009)

April 22, 2009

April 22, 2009

11

ANSWER to 1 Complaint with Affirmative Defenses, with Jury Demand by Defendants Michael Grubbe, Lonnie Prindle, Clyde Goodman, Michael Murphy.(Cox, Christine) (Entered: 04/22/2009)

April 22, 2009

April 22, 2009

12

NOTICE of Initial Pretrial Conference: Initial Pretrial Conference set for 6/3/2009 08:30 AM in Judge Beaman's Chambers (Room #2117) before Judge William C Beaman. (sdb, ) (Entered: 04/27/2009)

April 27, 2009

April 27, 2009

13

INITIAL PRETRIAL ORDER by the Honorable Judge William C Beaman: The plaintiff shall file a motion for class certification on or before 6/17/2009. Discovery due by 10/5/2009. Stipulation Deadline 10/13/2009. Dispositive Motion filing deadline 10/30/2009. Dispositive Motion response deadline 11/13/2009. Final Pretrial Conference set for 1/13/2010 09:00 AM in Judge Johnson's Chambers (Room # 2243) before Judge Alan B Johnson. Jury Trial set for 2/8/2010 01:30 PM (4−5 days, stacked #2) in Cheyenne Courtroom #1 (Room # 2132) before Judge Alan B Johnson. (sdb, ) (Entered: 06/03/2009)

June 3, 2009

June 3, 2009

14

First MOTION for Partial Summary Judgment, filed by Plaintiff Joseph Miller. (Attachments: # 1 Proposed Order)(Pevar, Stephen) (Entered: 06/16/2009)

June 16, 2009

June 16, 2009

15

First MOTION to Certify Class filed by Plaintiff Joseph Miller. (Attachments: # 1 Proposed Order)(Pevar, Stephen) (Entered: 06/16/2009)

June 16, 2009

June 16, 2009

16

MOTION to Dismiss, Second Claim for Relief filed by Defendants Michael Grubbe, Lonnie Prindle, Clyde Goodman, Michael Murphy. (Cox, Christine) (Entered: 06/19/2009)

June 19, 2009

June 19, 2009

17

MEMORANDUM in Support of 16 Motion to Dismiss filed by Defendants Michael Grubbe, Lonnie Prindle, Clyde Goodman, Michael Murphy. (Cox, Christine) (Entered: 06/19/2009)

June 19, 2009

June 19, 2009

18

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW re 16 Motion to Dismiss filed by Plaintiff Joseph Miller, Defendants Lonnie Prindle, Clyde Goodman, Michael Murphy. (Cox, Christine) (Entered: 06/19/2009)

June 19, 2009

June 19, 2009

19

NOTICE of Hearing on 15 First MOTION to Certify Class Motion Hearing set for 8/21/2009 10:30 AM in Cheyenne Courtroom #1 (Room # 2132) before Judge Alan B Johnson. (slb, ) (Entered: 06/23/2009)

June 23, 2009

June 23, 2009

20

REFERRED TO MAGISTRATE JUDGE. MOTION for Order Extending All Pending Deadlines filed by Defendants Michael Grubbe, Lonnie Prindle, Clyde Goodman, Michael Murphy. (Attachments: # 1 Proposed Order)(Cox, Christine) (Entered: 06/29/2009)

June 29, 2009

June 29, 2009

21

REFERRED TO MAGISTRATE JUDGE. REQUEST for Hearing on All Pending Motions filed by Defendants Michael Grubbe, Lonnie Prindle, Clyde Goodman, Michael Murphy. (Attachments: # 1 Proposed Order)(Cox, Christine) (Entered: 06/29/2009)

June 29, 2009

June 29, 2009

Motion No Longer Referred: 20 MOTION for Order Extending All Pending Deadlines (including final pretrial and trial dates) referred to trial judge. (sdb, ) (Entered: 06/29/2009)

June 29, 2009

June 29, 2009

22

ORDER granting 21 Motion to Hear All Pending Motions on August 21, 2009. All pending motions will be heard at 10:30 am on 8/21/2009 by the Honorable Judge Alan B Johnson.(slb, ) Text modified on 7/13/2009 (sdn, ). (Entered: 06/30/2009)

June 30, 2009

June 30, 2009

23

RESPONSE to 14 Motion for Partial Summary Judgment filed by Defendants Michael Grubbe, Lonnie Prindle, Clyde Goodman, Michael Murphy. (Cox, Christine) (Entered: 06/30/2009)

June 30, 2009

June 30, 2009

25

REFERRED TO MAGISTRATE JUDGE. MOTION for Order To File Reply Brief filed by Plaintiff Joseph Miller. (Attachments: # 1 Proposed Order)(Pevar, Stephen) (Entered: 07/08/2009)

July 8, 2009

July 8, 2009

26

REPLY BRIEF re 14 Motion for Partial Summary Judgment filed by Plaintiff Joseph Miller. (Pevar, Stephen) (Entered: 07/08/2009)

July 8, 2009

July 8, 2009

27

NOTICE of Attorney Appearance by Melissa E Westby on behalf of Michael Grubbe, Lonnie Prindle, Clyde Goodman, Michael Murphy (Westby, Melissa) (Entered: 07/08/2009)

July 8, 2009

July 8, 2009

Motion No Longer Referred: 25 MOTION for Order To File Reply Brief re Partial Summary Judgment referred to trial judge. (sdb, ) (Entered: 07/09/2009)

July 8, 2009

July 8, 2009

28

ORDER granting 20 Motion to Extend Deadlines by the Honorable Judge Alan B Johnson; the deadlines currently set in this matter are hereby vacated until a final determination is made on the pending dispositive motions. (slb, ) Text modified on 7/14/2009 (sdn, ). (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

29

ORDER granting 25 Motion for Leave to File Plaintiffs' Reply Brief Re: Plaintiffs' First Motion for Partial Summary Judgment by the Honorable Judge Alan B Johnson (slb, ) (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

30

STIPULATION of Dismissal by Joseph Miller. (Pevar, Stephen) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

31

Notice Vacating Hearing on Motion to Certify Class scheduled for August 21, 2009 at 10:30 am. (slb, ) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

Case Details

State / Territory: Wyoming

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 24, 2009

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A prisoner at Wyoming State Penitentiary.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State of Wyoming, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Access to lawyers or judicial system

Disciplinary procedures

Failure to discipline

Failure to supervise

Failure to train

Loss or damage to property

Records Disclosure

Policing:

Excessive force

Jails, Prisons, Detention Centers, and Other Institutions:

Disciplinary segregation

Grievance procedures

Pepper/OC spray

Assault/abuse by staff (facilities)

Affected Sex or Gender:

Male