Filed Date: March 1, 1970
Clearinghouse coding complete
In 1970, two black inmates at the Nebraska Penal and Corrections Complex filed a Section 1983 lawsuit, pro se, in the District of Nebraska against officials of the Nebraska Department of Corrections. Defendants maintained a separate cell house for white inmates who objected to living with black inmates. Plaintiffs alleged that the conditions in the whites only cell house were superior to those of the other racially integrated cell houses, denying them their civil rights as granted to them by the Constitution and federal statutes.
The District Court (Judge Warren K. Urbom) appointed private counsel to represent the plaintiffs and on February 10, 1971, trial was held. Judge Urbom held that segregation by race in state prison was constitutionally impermissible, but did not award relief because the case had not been certified as a class action. McClelland v. Sigler, 327 F. Supp. 829 (D. Neb. 1971). Judge Urbom ordered that the plaintiffs had ten days to amend the complaint so that the court could award complete relief among those already parties. Plaintiffs amended the complaint and relief was granted. Defendants appealed.
The 8th Circuit affirmed Judge Urbom's opinion holding that racial segregation could not be justified on the ground that it was needed to maintain order and that trouble would result if black inmates were housed with such white inmates. McClelland v. Sigler, 456 F.2d 1266 (8th Cir. 1972).
The docket for this case is not available on PACER, and therefore our information ends with the last reported opinion, dated March 22, 1972.
Summary Authors
Eoghan Keenan (6/10/2005)
Gibson, Floyd Robert (Missouri)
Heaney, Gerald William (Minnesota)
Ross, Donald Roe (Nebraska)
Meyer, Clarence A.H. (Nebraska)
Mosher, Harold (Nebraska)
Gibson, Floyd Robert (Missouri)
Heaney, Gerald William (Minnesota)
Ross, Donald Roe (Nebraska)
Urbom, Warren Keith (Nebraska)
Last updated July 10, 2022, 1:11 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Nebraska
Case Type(s):
Key Dates
Filing Date: March 1, 1970
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Inmates of state penal and correctional complex brought civil rights action complaining of racial segregation at the complex
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
Nebraska Penal and Correctional Complex, State
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 1971 - 0
Issues
General:
Jails, Prisons, Detention Centers, and Other Institutions:
Discrimination-basis:
Type of Facility: