University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Pevar v. Lampert PC-WY-0004
Docket / Court 2:07-cv-00193-CAB ( D. Wyo. )
State/Territory Wyoming
Case Type(s) Prison Conditions
Attorney Organization ACLU National (all projects)
Case Summary
On August 28, 2007, Stephen Pevar, an ACLU attorney, filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court District of Wyoming, challenging the interrogation practices at the Wyoming State Penitentiary. Pevar alleged that state prison investigators interrogated ... read more >
On August 28, 2007, Stephen Pevar, an ACLU attorney, filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court District of Wyoming, challenging the interrogation practices at the Wyoming State Penitentiary. Pevar alleged that state prison investigators interrogated inmates about the substance of confidential attorney-client communications. Specifically, Pevar, who presented inmates in a separate class action lawsuit Skinner v. Lambert [PC-WY-3], alleged that prison officials had interrogated one of Pevar's clients in the Skinner suit about the contents of attorney-client correspondence and communications. Pevar sought declaratory and injunctive relief, as well as class certification.

The case settled quickly. On October 4, 2007, the District Court [Honorable Clarence A. Brimmer] approved the settlement and determined that notification to the putative class was not necessary. As part of the settlement, the Department of Corrections issued a written policy that generally prohibited its employees from questioning prisoners regarding communications with their counsel. A copy of the policy was attached to the Court's October 4, 2007 Order, which is part of the document collection for this case. See PC-WY-4-0003.

Dan Dalton - 10/05/2007


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Issues and Causes of Action
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Issues
Affected Gender
Male
General
Access to lawyers or judicial system
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Wyoming Department of Corrections
Plaintiff Description ACLU attorney, on behalf of "all persons presently incarcerated, or who will in the future be incarcerated, at Wyoming State Penitentiary
Indexed Lawyer Organizations ACLU National (all projects)
Class action status sought Yes
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2007
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
2:07-cv-00193-CAB (D. Wyo.) 10/04/2007
PC-WY-0004-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
First Amended Civil Rights Complaint for Declaratory and Injunctive Relief 09/10/2007
PC-WY-0004-0001 PDF | Detail
Order 10/04/2007 (D. Wyo.)
PC-WY-0004-0002 PDF | Detail
Order Adopting Policy and Dismissing Case as Moot 10/04/2007
PC-WY-0004-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Beaman, William C. (D. Wyo.) [Magistrate]
PC-WY-0004-9000
Brimmer, Clarence Addison Jr. (D. Wyo.)
PC-WY-0004-0002 | PC-WY-0004-0003 | PC-WY-0004-9000
Monitors/Masters None on record
Plaintiff's Lawyers Pevar, Stephen L. (Connecticut)
PC-WY-0004-0001 | PC-WY-0004-9000
Defendant's Lawyers Renneisen, John W. (Wyoming)
PC-WY-0004-0001 | PC-WY-0004-9000
Other Lawyers None on record

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