Case: Dee v. Brewer & Hazen v. Reagan

4:77-cv-80102 | U.S. District Court for the Southern District of Iowa

Filed Date: April 6, 1977

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On April 6, 1977, in Dee v. Brewer, a group inmates at Iowa State Prison (ISP) filed a lawsuit under 42 U.S.C. § 1983 against Iowa prison officials in the U.S. District Court for the Southern District of Iowa, Central Division. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, alleging that mail policies at the prison were in violation of the Constitution. Previously, in a related case, on August 19, 1975, in Hazen v. Reagan, another group of…

On April 6, 1977, in Dee v. Brewer, a group inmates at Iowa State Prison (ISP) filed a lawsuit under 42 U.S.C. § 1983 against Iowa prison officials in the U.S. District Court for the Southern District of Iowa, Central Division. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, alleging that mail policies at the prison were in violation of the Constitution.

Previously, in a related case, on August 19, 1975, in Hazen v. Reagan, another group of ISP inmates filed a lawsuit under 42 U.S.C. § 1983 against Iowa prison officials in the U.S. District Court for the Southern District of Iowa. Those plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, alleging that policies and practices at ISP violated the Fourteenth Amendment. The Dee and Hazen cases were later consolidated after consent decrees were separately approved in each case.

On July 25, 1980, the District Court (Judge Charles R. Wolle) approved a consent decree in the Dee case. Under the Dee consent decree, (a) an inmate's legal papers could not be taken or searched outside of the inmate's presence and observation without the inmate's prior knowledge and consent, (b) if an inmate requested that his legal papers be searched only in his presence, the person conducting the search had to take the papers from the inmate, search the papers while the inmate watched, and then return the legal papers to the inmate immediately, (c) any searches of inmates' legal papers had to be made only to detect the presence of contraband and inmates' legal papers could not be read, and (d) in the absence of exigent circumstances, inmates' legal papers could not be taken from or searched in his cell or room while the inmate was not present unless the inmate gave prior consent to such a taking or search. The information about this consent decree is referenced in an unrelated case, Welch v. Spangler, 939 F.2d 570 (8th Cir. 1991).

In 1981, the parties in Hazen entered into a settlement agreement, and in 1982, the District Court (Judge William C. Stuart) approved the consent decree. Among other things, the Hazen consent decree provided for the creation of a Prisoners' Advisory Committee (PAC). Further, the Court retained jurisdiction over the matter.

In 1993, in Hazen, the District Court (Judge Charles R. Wolle) denied the plaintiffs' motion to hold the defendants in contempt for violation of the consent decree with respect to a prison transfer allegedly intended to frustrate one inmates' nomination to the PAC. The plaintiffs appealed.

On February 16, 1994, the Eighth Circuit Court of Appeals (Judge Levin H. Campbell) affirmed the District Court's decision, refusing to hold the defendants in contempt. Hazen v. Reagan, 16 F.3d 921 (8th Cir. 1994).

Sometime before 1996, Dee and Hazen were consolidated.

On November 29, 1996, the District Court (Judge Wolle) denied the defendants' motion to terminate the consent decrees pursuant the Prison Litigation Reform Act (PLRA). Hazen v. Reagan, No. 4-75-CV090201, No. 4-77-CV-80102, 1996 WL 932550 (S.D. Iowa Nov. 29, 1996). The Court held the immediate termination provisions of the PLRA to be unconstitutional. The defendants appealed.

On appeal, on April 4, 1997, the Eighth Circuit Court of Appeals held the cases in abeyance pending the outcome of an unrelated case, Gavin v. Brandstad. The Court issued an opinion in Gavin v. Brandstad on August 5, 1997, and a mandate on November 24, 1997. Subsequently, on February 2, 1998, the Eighth Circuit (Judges Pasco M. Bowman, Morris S. Arnold, and Roger L. Wollman) reversed the District Court's November 29, 1997, decision and remanded.

After substantial litigation respecting the defendants' resistance to enforcement of the decrees, on August 7, 1998, the District Court (Judge Wolle) granted the defendants' motion to terminate relief and dismissed the cases. The plaintiffs appealed.

On March 31, 2000, the Eighth Circuit Court of Appeals (Judge Pascal Middleton Bowman II) affirmed the District Court's August 7, 1998, ruling, which terminated the consent decrees. As the plaintiffs had apparently argued a novel contract theory, the Court held that the PLRA prohibited state-court enforcement of federal prison conditions consent decrees and so it was within the power of Congress to remove state-court jurisdiction to enforce federal consent decrees. Hazen v. Reagan, 208 F.3d 697 (8th Cir. 2000).

We have no more information on this case.

 

Summary Authors

Josh Altman (6/26/2006)

Related Cases

Gavin v. Ray, Southern District of Iowa (1978)

People


Judge(s)

Arnold, Morris Sheppard (Arkansas)

Bowman, Pasco Middleton II (Missouri)

Campbell, Levin Hicks (Massachusetts)

Attorney for Plaintiff
Attorney for Defendant
Expert/Monitor/Master/Other

Allen, John Scott (Iowa)

Eastman, F David (Iowa)

Judge(s)

Arnold, Morris Sheppard (Arkansas)

Bowman, Pasco Middleton II (Missouri)

Campbell, Levin Hicks (Massachusetts)

Loken, James B. (Minnesota)

Wolle, Charles Robert (Iowa)

Wollman, Roger Leland (South Dakota)

show all people

Documents in the Clearinghouse

Document

4:77-cv-80102

Docket (PACER)

Dee v. Graves

Feb. 19, 2002

Feb. 19, 2002

Docket

4:75-cv-80201

Docket (PACER)

Hazen v. Graves

Feb. 19, 2002

Feb. 19, 2002

Docket

93-01294

Published Opinion

Hazen v. Reagen

U.S. Court of Appeals for the Eighth Circuit

Feb. 16, 1994

Feb. 16, 1994

Order/Opinion

16 F.3d 16

442

4:77-cv-80102

4:75-cv-80201

Order

Nov. 29, 1996

Nov. 29, 1996

Order/Opinion

1996 WL 1996

98-03987

Reported Opinion

Hazen v. Reagan

U.S. Court of Appeals for the Eighth Circuit

March 31, 2000

March 31, 2000

Order/Opinion

208 F.3d 208

Docket

Last updated Jan. 31, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
21

ANSWER by defendant Lou V Brewer re: complaint [2-1] (rh) (Entered: 04/28/1992)

Dec. 15, 1977

Dec. 15, 1977

320

MOTION by movant Arthur Alan Poyner for disbursement of expense money before Magistrate Celeste F. Bremer (ld) Modified on 09/30/1992 (Entered: 08/14/1992)

Aug. 12, 1992

Aug. 12, 1992

321

ORDER by Magistrate Celeste F. Bremer granting motion for disbursement of expense; Clerk to issue pmt. to Eastman in the amt. of $161.95 from the Atty. Admission Fee Fund [22-1] (cc: all counsel & fin. dep.) (rh) Modified on 09/30/1992 (Entered: 09/03/1992)

Sept. 3, 1992

Sept. 3, 1992

372

ORDER by Chief Judge Charles R. Wolle ; In-court hearing by telephone set for 9/29/93 to schedule furhter hearings (cc: all counsel) (gk) Modified on 11/17/1993 (Entered: 11/17/1993)

Sept. 22, 1992

Sept. 22, 1992

322

ORDER by Chief Judge Charles R. Wolle - neither movant has presented evidence that any of the def. violated the consent decree. The mtns. for contempt are dismissed with prejudice. (cc: all counsel) 209-OJ-38 (rh) (Entered: 09/29/1992)

Sept. 29, 1992

Sept. 29, 1992

323

MOTION by movant for disbursement before Magistrate Celeste F. Bremer (rh) (Entered: 10/08/1992)

Oct. 7, 1992

Oct. 7, 1992

328

TRANSCRIPT DESIGNATION and Ordering Form for dates: 2/21/92 re: appeal [324-1] (gk) (Entered: 10/20/1992)

Oct. 16, 1992

Oct. 16, 1992

326

ORDER by Magistrate Celeste F. Bremer denying motion for disbursement as pmt. is not made by this court, therefore cnsl. mtn. will be forwarded to the IOLTA Commission [323-1] (cc: all counsel) (rh) (Entered: 10/16/1992)

Oct. 16, 1992

Oct. 16, 1992

325

MOTION by movant Kevin R Johnson MOTION TO PROCEED IN FORMA PAUPERIS before Chief Judge Charles R. Wolle (gk) (Entered: 10/16/1992)

Oct. 16, 1992

Oct. 16, 1992

324

NOTICE OF APPEAL by movant Kevin R Johnson from Dist. Court decision [322-1] cc: all counsel (gk) (Entered: 10/16/1992)

Oct. 16, 1992

Oct. 16, 1992

327

ORDER by Chief Judge Charles R. Wolle re [324-1]IFP for appeal granted, Ct Rptr. shall file transcript for 2/21/92 (cc: all counsel) (gk) (Entered: 10/20/1992)

Oct. 20, 1992

Oct. 20, 1992

RECORD on Appeal sent to Circuit Court re appeal [324-1] (gk) (Entered: 10/21/1992)

Oct. 21, 1992

Oct. 21, 1992

330

MOTION to proceed in forma pauperis on appeal by movant Arthur Alan Poyner before Chief Judge Charles R. Wolle (gk) (Entered: 10/26/1992)

Oct. 26, 1992

Oct. 26, 1992

329

NOTICE OF APPEAL by movant Arthur Alan Poyner from Dist. Court decision [322-1] cc: all counsel (gk) (Entered: 10/26/1992)

Oct. 26, 1992

Oct. 26, 1992

332

TRANSCRIPT of proceedings for the following date(s): evidentiary hearing 2/21/92 (Re: [324-1] ) (gk) (Entered: 10/30/1992)

Oct. 27, 1992

Oct. 27, 1992

333

ORDER by Chief Judge Charles R. Wolle granting motion to proceed in forma pauperis on appeal [330-1] re [329-1] (cc: all counsel) (gk) (Entered: 10/30/1992)

Oct. 28, 1992

Oct. 28, 1992

334

NOTIFICATION by Circuit Court of Appellate Docket Number 92- 3421SIDM re: movant Kevin R. Johnson (gk) (Entered: 10/30/1992)

Oct. 30, 1992

Oct. 30, 1992

335

NOTIFICATION by Circuit Court of Appellate Docket Number 92- 3546SIDM (gk) (Entered: 11/19/1992)

Nov. 19, 1992

Nov. 19, 1992

336

TRANSCRIPT of proceedings for the following date(s): 2/21/92 (Re: [324-1], [329-1] ) forwarded to 8th Circuit this date. (gk) (Entered: 11/30/1992)

Nov. 27, 1992

Nov. 27, 1992

337

PROPOSED Pretrial order submitted by defendant (rh) (Entered: 12/18/1992)

Dec. 18, 1992

Dec. 18, 1992

339

ORDER by Chief Judge Charles R. Wolle ; final pretrial conf 12/24/92 @ 9:00 by phone (cc: all counsel) (rh) (Entered: 12/22/1992)

Dec. 22, 1992

Dec. 22, 1992

338

COPY of Appellate Court Order: District Ct to be affirmed. (gk) (Entered: 12/22/1992)

Dec. 22, 1992

Dec. 22, 1992

340

MOTION by intervenor Steven R Wycoff to show cause why defendants should not be held in contempt before Chief Judge Charles R. Wolle (gk) Modified on 01/05/1993 (Entered: 01/05/1993)

Dec. 28, 1992

Dec. 28, 1992

341

Pre-TRIAL brief submitted by defendant Lou V Brewer (ld) Modified on 01/05/1993 (Entered: 12/29/1992)

Dec. 29, 1992

Dec. 29, 1992

342

RESPONSE by defendant re: [340-1] motion to show cause why defendants should not be held in contempt before Chief Judge Charles R. Wolle (rh) (Entered: 01/06/1993)

Jan. 6, 1993

Jan. 6, 1993

343

MANDATE from Circuit Court of Appeals affirming the decision of the District Court [329-1] (gk) (Entered: 01/12/1993)

Jan. 11, 1993

Jan. 11, 1993

344

MOTION by Hugh Grant Horsman to proceed in forma pauperis before Chief Judge Charles R. Wolle (gk) (Entered: 02/01/1993)

Feb. 1, 1993

Feb. 1, 1993

345

COPY of Appellate Court Order: district ct to be affirmed (gk) (Entered: 02/05/1993)

Feb. 5, 1993

Feb. 5, 1993

346

ORDER by Chief Judge Charles R. Wolle denying in forma pauperis motion by Hugh Grant Horsman to proceed in forma pauperis [344-1] (cc: all counsel) (gk) (Entered: 02/08/1993)

Feb. 8, 1993

Feb. 8, 1993

348

JUDGMENT: signed by gk re [347-1], re [347-2] Judgment is entered in favor of defendants and against the plaintiff Steve Wycoff, dismissing his contempt action and section 1983 damage lawsuit with prejudice (cc: all counsel) OJ 212-65 (gk) (Entered: 02/12/1993)

Feb. 11, 1993

Feb. 11, 1993

347

ORDER by Chief Judge Charles R. Wolle denying motion to show cause why defendants should not be held in contempt before Chief Judge Charles R. Wolle [340-1] jusgment entered in favor of defendants and against party Steven R Wycoff dismissing his contempt action and section 1983 damage lawsuite with prejudice (cc: all counsel) (gk) (Entered: 02/12/1993)

Feb. 11, 1993

Feb. 11, 1993

349

NOTICE OF APPEAL by intervenor Steven R Wycoff from Dist. Court decision [348-1], [347-2] cc: all counsel (gk) (Entered: 02/24/1993)

Feb. 24, 1993

Feb. 24, 1993

350

NOTIFICATION by Circuit Court of Appellate Docket Number 93- 1610SIDM (gk) (Entered: 03/17/1993)

March 17, 1993

March 17, 1993

351

MANDATE from Circuit Court of Appeals affirming the decision of the District Court (re: Johnson)[324-1] (cc: Counsel) (gk) (Entered: 03/25/1993)

March 25, 1993

March 25, 1993

352

COPY of Appellate Court Order: appelant Wycoff's m. for cnsl is denied. (gk) (Entered: 04/05/1993)

April 5, 1993

April 5, 1993

353

COPY of Appellate Court Order: Appointing J.Lipman cnsl on appeal. (gk) (Entered: 05/13/1993)

May 13, 1993

May 13, 1993

354

MOTION for order to show cause why dfts. not in contempt (fld. in this action, per IRO in 4:93-10343, by H.D.V.)by Mahers; Stewart; Black; Rex; Reese; Morris; Moeller; Fry; Armento; Sanders; Lepier; Winemiller, plaintiffs seeking relief before Chief Judge Charles R. Wolle (rh) (Entered: 05/14/1993)

May 14, 1993

May 14, 1993

355

COPY of Appellate Court Order: appellant's m. for transcript at the expense of the US is granted. See order for particulars. (gk) (Entered: 06/16/1993)

June 16, 1993

June 16, 1993

356

MOTION by m Ronald A Mahers for appointment of counsel before Chief Judge Charles R. Wolle (cc: cnsl) (rh) (Entered: 06/21/1993)

June 21, 1993

June 21, 1993

357

ORDER by Magistrate Celeste F. Bremer granting motion for appointment of counsel before Chief Judge Charles R. Wolle [356-1] (cc: all counsel) (gk) (Entered: 07/01/1993)

June 30, 1993

June 30, 1993

358

ORDER by Chief Judge Charles R. Wolle granting motion for order to show cause why dfts. not in contempt (fld. in this action, per IRO in 4:93-10343, by H.D.V.)by Mahers; Stewart; Black; Rex; Reese; Morris; Moeller; Fry; Armento; Sanders; Lepier; Winemiller, plaintiffs seeking relief before Chief Judge Charles R. Wolle [354-1] (cc: all counsel) (gk) (Entered: 07/06/1993)

July 2, 1993

July 2, 1993

359

MOTION for order to show cause before Chief Judge Charles R. Wolle (gk) (Entered: 07/22/1993)

July 20, 1993

July 20, 1993

360

TRANSCRIPT of proceedings for the following date(s): 12/30/93 (Re: [349-1] ) (gk) (Entered: 07/22/1993)

July 22, 1993

July 22, 1993

362

ATTORNEY APPEARANCE for movant Ronald A Mahers, movant Stephen A Stewart, movant Edward Black, movant Laurence Rex, movant Dale Reese, movant Michael Morris, movant Kevin M Moeller, movant Kenneth Fry, movant Billy Joe Armento, movant Tom Sanders, movant Marcel Lepier, movant Richard Winemiller by JEFFREY M LIPMAN (rh) (Entered: 08/04/1993)

Aug. 4, 1993

Aug. 4, 1993

363

MOTION by movant for disbursement of expenses (for transcripts) before Magistrate Celeste F. Bremer (rh) (Entered: 08/05/1993)

Aug. 5, 1993

Aug. 5, 1993

364

RESPONSE by movant re: [361-1] order motion to extend time to file a response (gk) (Entered: 08/10/1993)

Aug. 9, 1993

Aug. 9, 1993

365

ORDER by Magistrate Celeste F. Bremer granting motion for disbursement of expenses (for transcripts) [363-1] (cc: all counsel) (gk) (Entered: 08/18/1993)

Aug. 17, 1993

Aug. 17, 1993

366

ORDER by Chief Judge Charles R. Wolle - dft. to show cause why they should not be held in contempt of the consent decree by 9/20/93. (cc: all counsel) (rh) (Entered: 08/19/1993)

Aug. 19, 1993

Aug. 19, 1993

368

ORDER by Chief Judge Charles R. Wolle ; Evidentiary hearing set for 12/27/93 @ 8:30 at ISP; final trial briefs due NLT 12/13/93 (cc: all counsel) (gk) (Entered: 08/27/1993)

Aug. 27, 1993

Aug. 27, 1993

367

CLERK'S COURT MINUTES: courtroom clerk: Ann B.; court reporter: none; final trial briefs due 12/13/93 e.hrg. set for 12/27/93 (gk) (Entered: 08/27/1993)

Aug. 27, 1993

Aug. 27, 1993

369

RESPONSE by plaintiff re: [359-1] motion for order to show cause before Chief Judge Charles R. Wolle (gk) (Entered: 09/03/1993)

Sept. 3, 1993

Sept. 3, 1993

370

ATTORNEY APPEARANCE for movant Chris Myers Jr by Jeffery Lipman. (gk) (Entered: 09/13/1993)

Sept. 13, 1993

Sept. 13, 1993

371

RESPONSE by defendant re: [366-1] order to show cause why Dft's should not be held in contempt. (gk) (Entered: 09/22/1993)

Sept. 21, 1993

Sept. 21, 1993

373

ORDER by Chief Judge Charles R. Wolle ; In-court hearing held this date by telephone; and additional hearing by telephone is set for 10/26/93 (cc: all counsel) (gk) (Entered: 11/17/1993)

Sept. 29, 1993

Sept. 29, 1993

374

CLERK'S COURT MINUTES: courtroom clerk: ALB; court reporter: Terri Martin; telephone conf. held. (gk) (Entered: 09/30/1993)

Sept. 29, 1993

Sept. 29, 1993

375

MOTION by intervenor Steven R Wycoff for attorney fees before Magistrate Celeste F. Bremer (gk) (Entered: 10/15/1993)

Oct. 14, 1993

Oct. 14, 1993

377

ORDER by Chief Judge Charles R. Wolle ; Trial set for 12/27/93 at ISP ; final pretrial conf set for 11/30/93 (cc: all counsel) (gk) (Entered: 11/17/1993)

Oct. 26, 1993

Oct. 26, 1993

376

ORDER by Chief Judge Charles R. Wolle Trial re: Movant Ronald Mahers,et al set for 12/27/93 @ 9:00 (cc: all counsel) (gk) (Entered: 10/26/1993)

Oct. 26, 1993

Oct. 26, 1993

379

ORDER by Magistrate Celeste F. Bremer finding the motion for attorney fees before Magistrate Celeste F. Bremer [375-1] moot (cc: all counsel) (gk) (Entered: 11/02/1993)

Nov. 1, 1993

Nov. 1, 1993

380

PRE-TRIAL REPORT by movant Chris Myers Jr (gk) (Entered: 12/08/1993)

Nov. 23, 1993

Nov. 23, 1993

382

BRIEF (pretrail report) FILED by movants: Mahers, Stewart, Black, Rex, Reese, Morris, Moeller, Fry, Armento, Sanders, Lepier, and Winemiller (gk) Modified on 11/29/1993 (Entered: 11/26/1993)

Nov. 26, 1993

Nov. 26, 1993

381

MOTION by movant Chris Myers Jr to change caption before Chief Judge Charles R. Wolle (gk) Modified on 11/29/1993 (Entered: 11/26/1993)

Nov. 26, 1993

Nov. 26, 1993

387

TRIAL briefs submitted by defendant RE: Myers (gk) (Entered: 11/29/1993)

Nov. 29, 1993

Nov. 29, 1993

386

PROPOSED Final Pre-Trial Order submitted by defendant RE:Myers (gk) (Entered: 11/29/1993)

Nov. 29, 1993

Nov. 29, 1993

385

PRE-TRIAL BRIEF FILED by defendant RE: Myers (gk) (Entered: 11/29/1993)

Nov. 29, 1993

Nov. 29, 1993

384

PROPOSED Pre-Trial Conference Order submitted by defendant RE: Mahers, et al. (gk) (Entered: 11/29/1993)

Nov. 29, 1993

Nov. 29, 1993

383

PRE-TRIAL BRIEF FILED by defendant RE: Mahers, et al. (gk) (Entered: 11/29/1993)

Nov. 29, 1993

Nov. 29, 1993

391

ORDER by Chief Judge Charles R. Wolle adopting document proposed [386-1] ; Trial 12/28/93 @ ISP (cc: all counse, cal) (rh) (Entered: 11/30/1993)

Nov. 30, 1993

Nov. 30, 1993

390

PRE-TRIAL BRIEF FILED by movant Ronald A Mahers, movant Chris Myers Jr (rh) (Entered: 11/30/1993)

Nov. 30, 1993

Nov. 30, 1993

389

CLERK'S COURT MINUTES: courtroom clerk: A. Beneke; court reporter: none; ptch in re: Myers (rh) (Entered: 11/30/1993)

Nov. 30, 1993

Nov. 30, 1993

388

CLERK'S COURT MINUTES: courtroom clerk: A. Beneke; court reporter: none; ptch re: movant Mahers (rh) (Entered: 11/30/1993)

Nov. 30, 1993

Nov. 30, 1993

392

MOTION by plaintiff for attorney fees before Chief Judge Charles R. Wolle (gk) (Entered: 12/06/1993)

Dec. 2, 1993

Dec. 2, 1993

393

PRE-TRIAL REPORT by movants re:Mahers et al. (gk) (Entered: 12/08/1993)

Dec. 6, 1993

Dec. 6, 1993

395

PRE-TRIAL brief submitted by movants Mahers, et al. (gk) (Entered: 12/16/1993)

Dec. 14, 1993

Dec. 14, 1993

396

ORDER by Magistrate Celeste F. Bremer granting motion for attorney fees in the amount of $179.45 before Chief Judge Charles R. Wolle [392- 1] (cc: all counsel) (gk) (Entered: 12/22/1993)

Dec. 22, 1993

Dec. 22, 1993

398

MOTION by movant Chris Myers Jr to dismiss case before Chief Judge Charles R. Wolle , to withdraw attorney before Chief Judge Charles R. Wolle (gk) (Entered: 12/27/1993)

Dec. 27, 1993

Dec. 27, 1993

397

SUPPLEMENT by movant re list [394-1] (rh) (Entered: 12/27/1993)

Dec. 27, 1993

Dec. 27, 1993

401

CLERK'S COURT MINUTES: courtroom clerk: K.Bartolo; court reporter: Janet DenAdel; Court hearing held at ISP 12/28/93 , (gk) Modified on 10/02/1995 (Entered: 01/19/1994)

Jan. 4, 1994

Jan. 4, 1994

399

ORDER by Chief Judge Charles R. Wolle re [398-1], re [398-2] pettion by movant Myers will be dismissed on 1/20/94, unless before that date a party files papers establishing that the case should remain open. (cc: all counsel) (gk) (Entered: 01/11/1994)

Jan. 10, 1994

Jan. 10, 1994

403

MOTION by Jeffrey Lipman re: movant Ronald A Mahers etal for attorney fees before Chief Judge Charles R. Wolle (gk) (Entered: 01/19/1994)

Jan. 11, 1994

Jan. 11, 1994

402

MOTION by Jeffrey Lipman re: movant Chris Myers Jr for attorney fees before Chief Judge Charles R. Wolle (gk) (Entered: 01/19/1994)

Jan. 11, 1994

Jan. 11, 1994

400

MOTION by intervenor Steven R Wycoff for disbursement of $179.45 to Petersen Court Reporters regarding depos of Dft's Hedgepeth and Hardy. (originally submitted on 11/29/93) before Magistrate Judge Celeste F. Bremer (gk) (Entered: 01/11/1994)

Jan. 11, 1994

Jan. 11, 1994

JUDGMENT [NO PAPER DOCUMENT EXISTS FOR THIS ENTRY; TO CLEAR DEADLINE ON CJRA REPORT]: (cc: all counsel) (ld) (Entered: 10/02/1995)

Jan. 12, 1994

Jan. 12, 1994

404

RULING ON CONTEMPT ACTION by Chief Judge Charles R. Wolle re [354-1](Mahers, et al movants) In Summary, defendant Paul Hedgepeth, deputy warden at ISP, violated the dectee in this case, and his conduct constitutes contempt of the decree.... 1. Defendant is fined $6,000.00--$500.00 for each violation of the Dee v. Brewer consent decree, to be paid to the clerk of the court. 2. Each movant shall receive nominal damages of $25.00. 3. Movants shall receive reasonable attorney fees. By January 31, 1994, cnsl shall prepare a stipulation of the amount of attorney fees to be included in the final decree. See order for exact particulars. (cc: all counsel) (gk) (Entered: 01/19/1994)

Jan. 12, 1994

Jan. 12, 1994

405

ORDER by Magistrate Judge Celeste F. Bremer finding the motion for disbursement of $179.45 to Petersen Court Reporters regarding depos of Dft's Hedgepeth and Hardy. (originally submitted on 11/29/93) before Magistrate Judge Celeste F. Bremer [400-1] moot (cc: all counsel) (gk) (Entered: 01/19/1994)

Jan. 13, 1994

Jan. 13, 1994

406

MOTION by movant Ronald A Mahers for attorney fees before Chief Judge Charles R. Wolle (gk) (Entered: 01/19/1994)

Jan. 14, 1994

Jan. 14, 1994

407

ORDER by Chief Judge Charles R. Wolle re [399-1] order dismissing case as to party Chris Myers only, (cc: all counsel) (gk) (Entered: 01/26/1994)

Jan. 26, 1994

Jan. 26, 1994

408

ORDER by Chief Judge Charles R. Wolle ; In-court hearing set for 2/22/94 @ 8:00am for attorney fees re: Mahers et al. (cc: all counsel) (gk) (Entered: 01/31/1994)

Jan. 31, 1994

Jan. 31, 1994

409

ORDER by Chief Judge Charles R. Wolle granting motion for attorney fees before Chief Judge Charles R. Wolle [402-1] in the amount of $57.71 to Lipman Law Firm (cc: all counsel) (gk) (Entered: 02/01/1994)

Feb. 1, 1994

Feb. 1, 1994

RECEIVED [410-1] re appeal fee in amount of $ 105.00 ( Receipt # 041583) (gk) (Entered: 02/04/1994)

Feb. 4, 1994

Feb. 4, 1994

410

NOTICE OF APPEAL by defendant from Dist. Court decision [404-1]re: Mahers, et al cc: all counsel (gk) (Entered: 02/04/1994)

Feb. 4, 1994

Feb. 4, 1994

411

MOTION by movant Chris Myers Jr to reopen the case before Chief Judge Charles R. Wolle (gk) (Entered: 02/08/1994)

Feb. 7, 1994

Feb. 7, 1994

412

ORDER by Chief Judge Charles R. Wolle denying movant Chris Myers' motion to reopen the case [411-1] (cc: all counsel) (gk) (Entered: 02/09/1994)

Feb. 9, 1994

Feb. 9, 1994

414

MEMORANDUM by defendant in support [413-1] of motion response (rh) (Entered: 02/16/1994)

Feb. 14, 1994

Feb. 14, 1994

413

RESISTANCE by defendant TO M/TO RE-OPEN CASE (rh) (Entered: 02/16/1994)

Feb. 14, 1994

Feb. 14, 1994

415

NOTIFICATION by Circuit Court of Appellate Docket Number [410-1] 94-1455SIDM (gk) (Entered: 02/24/1994)

Feb. 24, 1994

Feb. 24, 1994

416

STIPULATION AS TO AMOUNT OF ATTORNEY FEES re: Mahers et al (gk) (Entered: 02/25/1994)

Feb. 25, 1994

Feb. 25, 1994

417

TRANSCRIPT of proceedings for the following date(s): 12/28/93 (Re: [410-1] ) re Mahers, et al (gk) (Entered: 03/17/1994)

March 17, 1994

March 17, 1994

418

MOTION by movant for disbursement of expenses before Magistrate Judge Celeste F. Bremer (rh) (Entered: 03/24/1994)

March 24, 1994

March 24, 1994

419

ORDER by Magistrate Judge Celeste F. Bremer re [418-1] motion for disbursement of expenses - Counsel shall submit a supplement to the request NLT 4/8/94 to justify the amounts requested. (cc: all counsel) (gk) (Entered: 03/29/1994)

March 29, 1994

March 29, 1994

Case Details

State / Territory: Iowa

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 6, 1977

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate at Iowa State Penitentiary who was nominated to serve on elected inmate advisory council and whom prison officials subsequently transferred to Florida prison alleging that transfer was intended to frustrate his nomination to council

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Iowa State Penitentiary (Fort Madison), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1980 - 1998

Issues

General:

Access to lawyers or judicial system

Mail

Search policies

Type of Facility:

Government-run