Case: Remmers v. Brewer

4:72-cv-00177 | U.S. District Court for the Southern District of Iowa

Filed Date: Aug. 3, 1972

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On August 3, 1972, two inmates of the Iowa State Penitentiary at Fort Madison filed a pro se lawsuit in the U.S. District Court for the Southern District of Iowa against prison officials under 42 U.S.C. § 1983, alleging violations of their First Amendment right to freely practice their religion as members of the Church of New Song (CONS). They also complained that involving chaplains in the parole process violated the Establishment Clause of the Constitution. After a trial on February 22-23, 19…

On August 3, 1972, two inmates of the Iowa State Penitentiary at Fort Madison filed a pro se lawsuit in the U.S. District Court for the Southern District of Iowa against prison officials under 42 U.S.C. § 1983, alleging violations of their First Amendment right to freely practice their religion as members of the Church of New Song (CONS). They also complained that involving chaplains in the parole process violated the Establishment Clause of the Constitution. After a trial on February 22-23, 1973, the Court (Judge William C. Hansen) found for the plaintiffs, ruling that the Church of New Song was a religion protected by the First Amendment and ordered prison officials to grant the church's members equal rights to exercise their religion. Remmers v. Brewer, 361 F.Supp. 537 (S.D. Iowa 1973). The District Court further ruled that involving chaplains in the parole process was not a violation of the Establishment Clause.

The prison officials appealed and the Eighth Circuit Court of Appeals (Judges Floyd R. Gibson, Roy L. Stephenson, and William H. Webster) affirmed. Remmers v. Brewer, 494 F.2d 1277 (8th Cir. 1974). The prison officials appealed to the United States Supreme Court but were denied certiorari. Remmers v. Brewer, 419 U.S. 1012 (1974).

On April 16, 1975, the prison officials moved in the District Court to reopen the case, vacate the judgment, and dismiss the plaintiffs' complaint, claiming that the new religion was a hoax and the group was actually of a political nature. The plaintiffs moved to hold the defendants in contempt. The Court (Judge William C. Hanson) denied both motions on June 12, 1975, finding that CONS was a religion and that the state had not shown that the prisoners' beliefs were fraudulent or insincere. Remmers v. Brewer, 396 F.Supp. 145 (S.D. Iowa 1975).

Both parties appealed and the Eighth Circuit Court of Appeals (Judge Gerald W. Heaney) ruled that a further evidentiary hearing was required on the issue of the plaintiffs' motion to hold the defendants in contempt and remanded that portion of the case. Remmers v. Brewer, 529 F.2d 656 (8th Cir. 1976). The Court of Appeals also remanded the defendants' motion to reopen the case because new affidavits had been filed since the District Court had ruled on the issue. Certiorari was denied by the U.S. Supreme Court. Remmers v. Brewer, 419 U.S. 1012 (1974).

On post-judgment motions, the District Court (Judge Hanson) held that the record on remand did not present sufficient evidence that the prisoners' beliefs were insincere to warrant overturning the ruling that CONS was entitled to First Amendment protection. Loney v. Scurr, 474 F. Supp. 1186 (S.D. Iowa 1979).

Some 25 years later, on December 16, 2004, the defendants filed a motion seeking relief from the previous injunction, alleging that the Church of New Song was really a white supremacist gang that posed a security threat to the prison. The PACER docket begins on February 7, 2005 with the recording of this motion, so we do not have information about any proceedings in the interim 25 years. However, it appears that the docket number changed several times. On February 24, 2005, the case was referred to Magistrate Judge Ross A. Walters for a report and recommendation. The case was prolonged by several motions for an extended time period to file a response, once on March 21, 2005 by the plaintiffs, and again on April 5, 2005 as the court made its own motion to delay the time for the plaintiffs' response. The plaintiffs moved to substitute parties on March 29, 2005 and, on September 2, 2005, the Court (Judge Robert W. Pratt) scheduled an evidentiary hearing and final pretrial conference. The

This issue was also the subject matter of several subsequent suits, Goff v. Mascher, filed on May 8, 1997 (PC-IA-023); and Voshell v. Spence, filed on September 22, 2003 (PC-IA-022). After a number of hearings and time extensions, the Magistrate Judge issued his report and recommendation, stating that the circumstances had changed and that the CONS was a front for gang-related activity. As such, the Magistrate Judge held that it was no longer equitable to enforce the previous injunction, and recommended that the Court dissolve the injunction. On April 2, 2009, the Court adopted the recommendation and dismissed the case because no objections were made and because they found it to be reasonable.

(Note: There is another litigation by the same name, involving one of the same plaintiffs, but it is unrelated to this one. Remmers v. Brewer, 472 F.2d 52 (8th Cir. 1973)).

Summary Authors

Stacey Jensen (6/5/2006)

Maurice Youkanna (7/16/2014)

Related Cases

Goff v. Maschner, Southern District of Iowa (1997)

Voshell v. Spence, Southern District of Iowa (2003)

Loney v. Scurr, Southern District of Iowa (1972)

People


Judge(s)

Benton, William Duane (Missouri)

Attorney for Plaintiff

Bartels, Robert D. (Iowa)

Dallyn, Selwyn (Iowa)

Attorney for Defendant

Anderson, Gary L. (Iowa)

Clinton, Robert N. (Iowa)

Judge(s)

Benton, William Duane (Missouri)

Douglas, William Orville (District of Columbia)

Gibson, Floyd Robert (Missouri)

Hansen, David Rasmussen (Iowa)

Hanson, William Cook (Missouri)

Heaney, Gerald William (Minnesota)

Pratt, Robert W. (Iowa)

Ross, Donald Roe (Nebraska)

Stephenson, Roy Laverne (Iowa)

Walters, Ross A. (Iowa)

Webster, William Hedgcock (Missouri)

show all people

Documents in the Clearinghouse

Document

4:05-cv-00068

Docket (PACER)

Aug. 10, 2009

Aug. 10, 2009

Docket

4:72-cv-00177

Memorandum and Order

July 24, 1973

July 24, 1973

Order/Opinion

361 F.Supp. 361

73-01518

73-01599

Reported Opinion

U.S. Court of Appeals for the Eighth Circuit

April 16, 1974

April 16, 1974

Order/Opinion

494 F.2d 494

73-07066

Opinion

Supreme Court of the United States

Nov. 11, 1974

Nov. 11, 1974

Order/Opinion

419 U.S. 419

73-07066

Order

Supreme Court of the United States

Nov. 11, 1974

Nov. 11, 1974

Order/Opinion

419 U.S. 419

4:72-cv-00177

Order

June 12, 1975

June 12, 1975

Order/Opinion

396 F.Supp. 396

75-01284

75-01638

Reported Opinion

U.S. Court of Appeals for the Eighth Circuit

Feb. 12, 1976

Feb. 12, 1976

Order/Opinion

529 F.2d 529

4:72-cv-00177

Memorandum & Order

Loney v. Scurr

July 18, 1979

July 18, 1979

Order/Opinion

474 F.Supp. 474

1

4:72-cv-00177

Defendants' Motion

Feb. 7, 2005

Feb. 7, 2005

Pleading / Motion / Brief
1-4

4:72-cv-00177

Memorandum in Support of Defendants' Motion

Feb. 7, 2005

Feb. 7, 2005

Pleading / Motion / Brief

Docket

Last updated Feb. 15, 2024, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

MOTION 60(B) from the injunctive relief (Original filed under 4−81−cv−303 on 12/16/04) by Lou V Brewer, David Scurr. Responses due by 2/24/2005 (Attachments: # 1 Motion for 4−72−cv−177# 2 Brief for 4−81−cv−303# 3 Brief for 4−72−cv−177) (don, ) (Entered: 02/07/2005)

Feb. 7, 2005

Feb. 7, 2005

2

ORDER appointing counsel and for R. 16(b) hearing: Pat Ingram appointed to represent plaintiffs. Scheduling Conference set for 2/18/2005 at 09:00 AM before Magistrate Judge Ross A. Walters. Court to make call. See order for particulars. Entered by Magistrate Judge Ross A. Walters on 2/8/2005. (klw) (Entered: 02/08/2005)

Feb. 8, 2005

Feb. 8, 2005

3

MOTIONS 1 MOTION 60(B) from the injunctive relief REFERRED to Judge Robert W. Pratt. (dv, ) (Entered: 02/11/2005)

Feb. 11, 2005

Feb. 11, 2005

4

Minute Entry for proceedings held before Magistrate Judge Ross A. Walters : Telephone Conference held on 2/18/2005. Scheduling of discovery and evidentiary hearing discussed. Separate order to follow. (klw) (Entered: 02/18/2005)

Feb. 18, 2005

Feb. 18, 2005

6

ORDER REFERRING CASE to Magistrate Judge for Report and Recommendation . Entered by Robert W. Pratt on 2/24/2005. (mlm, ) (Entered: 02/24/2005)

Feb. 24, 2005

Feb. 24, 2005

8

TEXT ORDER: ORDER granting 7 plaintiffs motion for extension of time to respond to 1 defendants' 60(b) motion. Plaintiffs' response shall be filed by 3/28/2005. Entered by Magistrate Judge Ross A. Walters on 3/21/2005. (klw) (Entered: 03/21/2005)

March 21, 2005

March 21, 2005

7

MOTION for Extension of Time to File Answer re 1 MOTION 60(B) from the injunctive relief by Steven R Wycoff. (Ingram, Patrick) (Entered: 03/21/2005)

March 21, 2005

March 21, 2005

9

STATUS REPORT TO THE COURT by Steven R Wycoff, Michael D Remmers, Robert Loney. (Ingram, Patrick) (Entered: 03/25/2005)

March 25, 2005

March 25, 2005

Attorney Ingram for Jeff Winters added. Attorney Patrick E Ingram and John B Whiston terminated for Remmers, Loney, Wycoff. (klw) (Entered: 03/29/2005)

March 29, 2005

March 29, 2005

George Goff as plaintiff−intervenor rep by Patrick E Ingram added. George Goff as defendant terminated −− e−filing error in adding/terminating parties in order 10 . (klw) (Entered: 03/29/2005)

March 29, 2005

March 29, 2005

10

TEXT ORDER: ORDER regarding party plaintiffs. Pursuant to the status report filed by counsel for the plaintiffs, which will be treated as a motion to substitute parties, the Clerk of Court shall terminate Steven Wycoff, Michael D. Remmers and Robert Loney as plaintiffs in this case and substitute as plaintiff−intervenors in their place the following individuals: Jeff Winters #1045267, Jacob Voshell #0803664, Bert Smith #1098924, Kris Johnson #1016548, and George Goff #0401631B. Entered by Magistrate Judge Ross A. Walters on 3/29/2005. (klw) (Entered: 03/29/2005)

March 29, 2005

March 29, 2005

11

TEXT ORDER: On the Court's own motion the time for plaintiffs to respond to 1 defendants' Rule 60(b) motion is extended to 4/18/2005. Entered by Magistrate Judge Ross A. Walters on 4/5/2005. (klw) (Entered: 04/05/2005)

April 5, 2005

April 5, 2005

12

RESPONSE to Motion re 1 MOTION 60(B) from the injunctive relief filed by Steven R Wycoff, Jeff Winters, Jake Voshell, Michael D Remmers, Bert Smith, Kris Johnson, George Goff, Robert Loney. Replies due by 6/21/2005. (Ingram, Patrick) (Entered: 06/09/2005)

June 9, 2005

June 9, 2005

13

Text Minute Entry: Telephonic status conference with counsel 6/21/2005. Evidentiary hearing remains set for 9/27/2005. (klw) (Entered: 06/21/2005)

June 21, 2005

June 21, 2005

14

REPLY to Plaintiffs' Answer re 12 Response to Motion filed by Lou V Brewer, David Scurr. (Wallace, H) (Entered: 06/29/2005)

June 29, 2005

June 29, 2005

15

MOTION to Continue Defendants' Request for Continuance of Trial Date by Lou V Brewer, David Scurr. (Wallace, H) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

16

TEXT ORDER: ORDER granting 15 defendants' request for continuance of trial date. Evidentiary hearing set for 9/27/2005 is continued. The final pretrial conference set for 9/2/2005 at 9:00 AM will be not be held, but the Court will use the scheduled time as a telephonic scheduling conference to discuss a new date for evidentiary hearing. Counsel for defendants shall arrange for the call. The Court may be reached at (515) 284−6217 for purposes of the conference. Entered by Magistrate Judge Ross A. Walters on 8/23/2005. (klw) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

18

ORDER SCHEDULING EVIDENTIARY HEARING AND FINAL PRETRIAL: Evidentiary Hearing set for 1/17/2006 at 10:00 AM before Magistrate Judge Ross A. Walters at ISP −− 4 days. Final Pretrial Conference set for 1/6/2006 at 09:00 AM before Magistrate Judge Ross A. Walters. See order for particulars. Entered by Magistrate Judge Ross A. Walters on 9/2/2005. (klw) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

17

TEXT MINUTE ENTRY: Proceedings held before Magistrate Judge Ross A. Walters: Scheduling Conference held on 9/2/2005. Pat Ingram appeared for plaintiffs; Loraine Wallace appeared for defendant. Following conference with counsel, new date for evidentiary hearing set. Separate order to follow. (klw) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

19

MOTION to Strike 12 Response to Motion Defendant's Motion to Strike Jury Demand by Lou V Brewer, David Scurr. Responses due by 10/3/2005 (Attachments: # 1 Memorandum in Support of Defendant's Motion to Strike Jury Demand)(Lindebak, Layne) (Entered: 09/15/2005)

Sept. 15, 2005

Sept. 15, 2005

20

ORDER granting 19 defendants' Motion to Strike. Entered by Magistrate Judge Ross A. Walters on 10/12/2005. (klw) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

22

ORDER Rescheduling Evidentiary Hearing and Final Pretrial: Evidentiary Hearing set for 6/12/2006 at 10:00 AM before Magistrate Judge Ross A. Walters at ISP. Final Pretrial Conference set for 5/26/2006 at 11:00 AM before Magistrate Judge Ross A. Walters by telephone. See order for particulars. Entered by Magistrate Judge Ross A. Walters on 12/6/2005. (klw) (Entered: 12/06/2005)

Dec. 6, 2005

Dec. 6, 2005

Minute Entry for proceedings held before Judge Ross A. Walters : Attorney Patrick E Ingram for Jeff Winters added to correct docket. (klw) (Entered: 12/06/2005)

Dec. 6, 2005

Dec. 6, 2005

Minute Entry for proceedings held before Judge Ross A. Walters : Attorney Ingram terminated −− duplicate entry. (klw) (Entered: 12/06/2005)

Dec. 6, 2005

Dec. 6, 2005

21

Text Minute Entry for proceedings held before Magistrate Judge Ross A. Walters : Scheduling Conference held on 12/6/2005. Separate order to follow. (klw) (Entered: 12/06/2005)

Dec. 6, 2005

Dec. 6, 2005

23

MOTION to Continue by Steven R Wycoff. (Ingram, Patrick) (Entered: 02/09/2006)

Feb. 9, 2006

Feb. 9, 2006

24

TEXT ORDER: ORDER granting 23 motion to continue evidentiary hearing. The evidentiary hearing in this case is continued to 6/26/2006 at 10:00 AM. The estimated length of hearing is four days. Entered by Magistrate Judge Ross A. Walters on 2/10/2006. (klw) (Entered: 02/10/2006)

Feb. 10, 2006

Feb. 10, 2006

25

Text Minute Entry for proceedings held before Magistrate Judge Ross A. Walters : Telephonic Status Conference with counsel held on 5/26/2006. FPT to be rescheduled. (klw) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

27

TEXT ORDER: ORDER granting 26 request by counsel for plaintiff to file supplemental record under seal. The Clerk of Court shall set the seal access flag, after which counsel may file the supplement as an ex parte filing. Entered by Magistrate Judge Ross A. Walters on 6/2/2006. (nsr) (Entered: 06/02/2006)

June 2, 2006

June 2, 2006

26

MOTION to Withdraw as Attorney by Steven R Wycoff, Jeff Winters, Jake Voshell, Michael D Remmers, Bert Smith, Kris Johnson, George Goff, Robert Loney. Responses due by 6/19/2006 (Ingram, Patrick) (Entered: 06/02/2006)

June 2, 2006

June 2, 2006

30

ORDER FOLLOWING FINAL PRETRIAL CONFERENCE. Evidentiary hearing 6/26/2006 at 10:00 AM in Des Moines, Iowa. See order for particulars. Entered by Magistrate Judge Ross A. Walters on 6/21/2006. (klw) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

31

TEXT ORDER: ORDER continuing evidentiary hearing. On oral motion of defense counsel and with the consent of plaintiffs' counsel, evidentiary hearing is rescheduled to begin at 10:00 AM on Monday, 8/28/2006, Room 460 at the U.S. Courthouse in Des Moines, Iowa. The parties shall provide their pretrial order as previously discussed by 8/18/2006. Entered by Magistrate Judge Ross A. Walters on 6/23/2006. (klw) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

Motions terminated: 26 MOTION to Withdraw as Attorney. (klw) (Entered: 06/26/2006)

June 26, 2006

June 26, 2006

33

Proposed Pretrial Order Proposed Final Pre−Trial Order by Lou V Brewer, David Scurr. (Wallace, H) (Entered: 08/25/2006)

Aug. 25, 2006

Aug. 25, 2006

35

Minute Entry for proceedings held before Magistrate Judge Ross A. Walters : Evidentiary Hearing held on 8/29/2006. (Court Reporter Kelli Mulcahy.) (klw) Modified on 8/31/2006 to make date changes per KW (dv, ). (Entered: 08/30/2006)

Aug. 29, 2006

Aug. 29, 2006

36

Minute Entry for proceedings held before Magistrate Judge Ross A. Walters : Evidentiary Hearing held on 8/30/2006. (Court Reporter Kelli Mulcahy.) (klw) (Entered: 08/30/2006)

Aug. 30, 2006

Aug. 30, 2006

37

Exhibit and Witness List −− evidentiary hearing 8/28 − 8/30/2006. (klw) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

42

SEALED PORTION OF TRANSCRIPT of hearing proceedings held on August 30, 2006 before Judge Ross A. Walters. Court Reporter: Kelli M. Mulcahy. Page No(s).: 413−472. THIS DOCUMENT IS NOT A PART OF THE ELECTRONIC CASE. ORIGINAL IS LOCATED IN THE CLERK'S OFFICE. (ljf, ) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

41

TRANSCRIPT of hearing proceedings held on August 30, 2006 before Judge Ross A. Walters. Court Reporter: Kelli M. Mulcahy. Page No(s).: 380−546. THIS DOCUMENT IS NOT A PART OF THE ELECTRONIC CASE. ORIGINAL IS LOCATED IN THE CLERK'S OFFICE. (ljf, ) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

40

SEALED PORTIONS OF TRANSCRIPT of hearing proceedings held on August 29, 2006 before Judge Ross A. Walters. Court Reporter: Kelli M. Mulcahy. Page No(s).: 211−294 and 351−378. THIS DOCUMENT IS NOT A PART OF THE ELECTRONIC CASE. ORIGINAL IS LOCATED IN THE CLERK'S OFFICE. (ljf, ) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

39

TRANSCRIPT of hearing proceedings held on August 29, 2006 before Judge Ross A. Walters. Court Reporter: Kelli M. Mulcahy. Page No(s).: 181−379. THIS DOCUMENT IS NOT A PART OF THE ELECTRONIC CASE. ORIGINAL IS LOCATED IN THE CLERK'S OFFICE. (ljf, ) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

38

TRANSCRIPT of Proceedings of hearing held on August 28, 2006 before Judge Ross A. Walters. Court Reporter: Kelli M. Mulcahy. Page No(s).: Vol I 1−180. THIS DOCUMENT IS NOT A PART OF THE ELECTRONIC CASE. ORIGINAL IS LOCATED IN THE CLERK'S OFFICE. (ljf, ) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

44

MOTION REFERRAL − NO DOCUMENT − 43 MOTION Motion for Reimbursement and Payment of Court Reporter. Motions referred to Celeste F. Bremer. (rmj) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

43

MOTION Motion for Reimbursement and Payment of Court Reporter Motions referred to Ross A. Walters. by Jeff Winters. Responses due by 10/23/2006 (Attachments: # 1 Exhibit)(Ingram, Patrick) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

46

TEXT ORDER: ORDER granting 45 joint motion for extension of time. The parties may have to and including 11/1/2006 to file the post−trial briefs in this matter. Entered by Magistrate Judge Ross A. Walters on 10/10/2006. (klw) (Entered: 10/10/2006)

Oct. 10, 2006

Oct. 10, 2006

45

Joint MOTION for Extension of Time to File Post−trial Briefs Motions referred to Ross A. Walters. by John Ault. Responses due by 10/27/2006 (Wallace, H) (Entered: 10/10/2006)

Oct. 10, 2006

Oct. 10, 2006

47

ORDER granting 43 Motion for Reimbursement. The Clerk shall issue payment in the amount of $1791.90 to Peterson Court Reporters for payment of a transcript, and $767.75 to Patrick Ingrams for out−of−pocket expenses from the Attorney Admission Fee Fund. Signed by Judge Celeste F. Bremer on 10/17/2006. (mlr) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

48

Unresisted MOTION for Extension of Time to File Post−trial Brief Motions referred to Ross A. Walters. by John Ault. Responses due by 11/16/2006 (Wallace, H) (Entered: 10/30/2006)

Oct. 30, 2006

Oct. 30, 2006

49

TEXT ORDER: ORDER granting 48 defendant's unopposed motion for extension of time to file post−trial briefs. The parties' briefs may be filed on or before 11/15/2006. Entered by Magistrate Judge Ross A. Walters on 10/31/2006.(klw) (Entered: 10/31/2006)

Oct. 31, 2006

Oct. 31, 2006

50

Third MOTION for Extension of Time to File Post−trial Brief Motions referred to Ross A. Walters. by John Ault. Responses due by 12/4/2006 (Wallace, H) (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

51

TEXT ORDER: ORDER granting 50 defendant's motion for extension of time to file post−trial brief. Counsel for plaintiffs does not object. The deadline for the parties to file post−trial briefs is extended to 12/22/2006. Entered by Magistrate Judge Ross A. Walters on 11/16/2006.(klw) (Entered: 11/16/2006)

Nov. 16, 2006

Nov. 16, 2006

53

TEXT ORDER: ORDER granting 52 the parties' Joint Motion for Extension of Time. The deadline for the parties to file post−trial briefs is extended to 1/16/2007. Signed by Magistrate Judge Ross A. Walters on 12/22/2006. (nsr) (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

52

Joint MOTION for Extension of Time to File Post−trial Briefs Motions referred to Ross A. Walters. by John Ault. Responses due by 1/8/2007 (Wallace, H) (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

55

TEXT ORDER: ORDER granting 54 defendant's motion for extension of time to file post−trial brief. The parties' briefs shall be filed by 1/26/2007. Entered by Magistrate Judge Ross A. Walters on 1/17/2007.(klw) (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

54

MOTION for Extension of Time to File Post−trial Brief Motions referred to Ross A. Walters. by John Ault. Responses due by 2/5/2007 (Wallace, H) (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

56

MOTION for Extension of Time to File post−trial briefs Motions referred to Ross A. Walters. by Jeff Winters, Jake Voshell, Bert Smith, Kris Johnson, George Goff. Responses due by 2/12/2007 (Ingram, Patrick) (Entered: 01/26/2007)

Jan. 26, 2007

Jan. 26, 2007

57

TEXT ORDER: ORDER granting 56 plaintiff's motion for extension of time to file post−trial briefs. Post−trial briefs shall be filed by 2/28/2007. Entered by Magistrate Judge Ross A. Walters on 1/29/2007.(klw) (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

58

Joint MOTION for Extension of Time to File Post Trial Briefs Motions referred to Ross A. Walters. by John Ault. Responses due by 3/15/2007 (Wallace, H) (Entered: 02/26/2007)

Feb. 26, 2007

Feb. 26, 2007

59

TEXT ORDER: ORDER granting 58 joint motion for extension of time. The parties shall file their post−trial briefs in this case by 3/9/2007. Entered by Magistrate Judge Ross A. Walters on 2/27/2007.(klw) (Entered: 02/27/2007)

Feb. 27, 2007

Feb. 27, 2007

61

TEXT ORDER: ORDER granting 60 joint motion for extension of time. The parties shall file their post−trial briefs in this case by 4/2/2007. Entered by Magistrate Judge Ross A. Walters on 3/8/2007. (klw) (Entered: 03/08/2007)

March 8, 2007

March 8, 2007

60

Joint MOTION for Extension of Time to File Post Trial Briefs Motions referred to Ross A. Walters. by John Ault. Responses due by 3/26/2007 (Wallace, H) (Entered: 03/08/2007)

March 8, 2007

March 8, 2007

62

Joint MOTION for Extension of Time to File Post Trial Motions referred to Ross A. Walters. by John Ault. Responses due by 4/16/2007 (Wallace, H) (Entered: 03/30/2007)

March 30, 2007

March 30, 2007

63

TEXT ORDER: ORDER granting 62 joint motion for extension of time. The parties shall file their post−trial briefs in this case by 5/11/2007. Signed by Magistrate Judge Ross A. Walters on 4/2/2007.(klw) (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

64

TEXT ORDER: ORDER extending briefing schedule. On oral motion of counsel for the parties, the briefing schedule is extended as follows: Defendants' brief shall be filed by 5/25/2007. Plaintiffs' responsive brief shall be filed by 6/1/2007. Entered by Magistrate Judge Ross A. Walters on 5/10/2007. (klw) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

65

TEXT ORDER: ORDER extending briefing schedule. On oral motion of counsel for the parties, the briefing schedule is extended as follows: Defendants' brief shall be filed by 6/1/2007. Plaintiffs' responsive brief shall be filed by 6/8/2007. Entered by Magistrate Judge Ross A. Walters on 5/25/2007.(klw) (Entered: 05/25/2007)

May 25, 2007

May 25, 2007

Set/Reset Deadlines: Defendants brief filed by 6/1/07. Plaintiffs' responsive brief filed 6/8/07 (dv, ) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

66

Sealed Document. (Wallace, H) (Entered: 06/01/2007)

June 1, 2007

June 1, 2007

67

Sealed Document. (Ingram, Patrick) (Entered: 06/08/2007)

June 8, 2007

June 8, 2007

68

Sealed Document. (Wallace, H) (Entered: 06/27/2007)

June 27, 2007

June 27, 2007

69

REPORT AND RECOMMENDATIONS re 1 MOTION 60(B) for relief from the a judgment or order filed by John Ault. Objections to RRdue by 1/8/2009. Signed by Magistrate Judge Ross A. Walters on 12/5/2008. (klw) (Entered: 12/05/2008)

Dec. 5, 2008

Dec. 5, 2008

71

TEXT ORDER: ORDER extending objection period. On oral motion of the parties, the period of time to object to the report and recommendation of 12/5/2008 is extended to 3/9/2009. Entered by Magistrate Judge Ross A. Walters on 1/6/2009.(klw) (Entered: 01/06/2009)

Jan. 6, 2009

Jan. 6, 2009

73

JUDGMENT in favor of John Ault against Bert Smith, George Goff, Jake Voshell, Jeff Winters, Kris Johnson. Signed by Clerk Marjorie Krahn on 4/3/2009. (don) (Entered: 04/03/2009)

April 2, 2009

April 2, 2009

72

ORDER adopting Report and Recommendations re 69 Report and Recommendations.; granting 1 Rule 60(b) motion and that defendant be relieved from the prospective application of the judgments in Remmers v. Brewer,. Signed by Chief Judge Robert W. Pratt on 4/2/09. (mlm, ) (Entered: 04/02/2009)

April 2, 2009

April 2, 2009

74

EXHIBIT WITHDRAWAL LETTER to Patrick E Ingram, Layne M Lindebak, H Loraine Wallace Withdrawal of Exhibits due by 7/20/2009. (Attachments: # 1 receipt) (ljf, ) (Entered: 06/18/2009)

June 18, 2009

June 18, 2009

75

RECEIPT FOR EXHIBITS picked up by H Loraine Wallace for defendant. (ljf, ) (Entered: 07/22/2009)

July 17, 2009

July 17, 2009

PUBLIC DOCKET ANNOTATION; exhibit withdrawal deadline past, plaintiff's paper copy exhibit 1 shredded this date in the clerk's office (ljf, ) (Entered: 08/10/2009)

Aug. 10, 2009

Aug. 10, 2009

Case Details

State / Territory: Iowa

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Aug. 3, 1972

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates in state prison alleging that their rights to practice their religion had been violated

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Iowa State Penitentiary (Fort Madison), State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Free Exercise Clause

Available Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1973 - 2009

Issues

General:

Disciplinary procedures

Mail

Religious programs / policies

Jails, Prisons, Detention Centers, and Other Institutions:

Disciplinary segregation

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run