Case: Parrott v. Ray

4:78-cv-00174 | U.S. District Court for the Southern District of Iowa

Filed Date: June 9, 1978

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On June 9, 1978, a class action lawsuit was filed a lawsuit under 42 U.S.C. § 1983 against the State of Iowa in the U.S. District Court for the Southern District of Iowa. The plaintiffs were represented by the University of Iowa Legal Clinic, and the U.S. Attorney's Office were intervenors in the case. We have no information on the decree that was originally entered in the case.On July 7, 1993, the U.S. District Court for the Southern District of Iowa (Judge Harold Vietor) denied the plaintif…

On June 9, 1978, a class action lawsuit was filed a lawsuit under 42 U.S.C. § 1983 against the State of Iowa in the U.S. District Court for the Southern District of Iowa. The plaintiffs were represented by the University of Iowa Legal Clinic, and the U.S. Attorney's Office were intervenors in the case. We have no information on the decree that was originally entered in the case.

On July 7, 1993, the U.S. District Court for the Southern District of Iowa (Judge Harold Vietor) denied the plaintiffs' motion to hold the defendant in contempt of the decree for not obeying the court's order. On July 19, 1993, the plaintiffs appealed this denial, and on November 11, 1993, the U.S. Court of Appeals for the Eighth Circuit dismissed the appeal for failure to prosecute.

On January 16, 1995, the parties reached a settlement agreement, and on August 11, 1995, the plaintiffs asked the court to hold the defendant in contempt of the agreement. On April 3, 1996, the U.S. District Court for the Southern District of Iowa (Judge Vietor) held the defendant in contempt.

On May 20, 1996, the defendant asked the court for termination of relief under the Prison Litigation Reform Act (PLRA). On August 16, 1996, the court granted the United States Attorney's motion to intervene in the case, allowing the USA to enter a memorandum of law regarding the constitutionality of the PLRA. On March 3, 1998, the court granted the defendant's request for termination of relief under the PLRA. We have no further information on the proceedings in this case.

Summary Authors

Kristen Sagar (3/23/2006)

People


Judge(s)
Attorney for Plaintiff

Allen, John Scott (Iowa)

Schwartz, Barbara A. (Iowa)

Attorney for Defendant

Lindebak, Layne M. (Iowa)

Expert/Monitor/Master/Other

Hagen, Christopher D. (Iowa)

Littlefield, Patricia Gail (District of Columbia)

Judge(s)

Vietor, Harold Duane (Iowa)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document

4:78-cv-70174

Docket (PACER)

Aug. 4, 2003

Aug. 4, 2003

Docket
428

4:78-cv-70174

Order

Nov. 10, 1997

Nov. 10, 1997

Order/Opinion

Docket

Last updated Jan. 27, 2024, 3:28 a.m.

ECF Number Description Date Link Date / Link
356

ORDER denying vontempt application of Bruce Farris by Honorable Harold D. Vietor (cc: all counsel) (gk) (Entered: 11/08/1993)

July 7, 1993

July 7, 1993

357

NOTICE OF APPEAL by movant Bruce Farris from Dist. Court decision [356-1] cc: all counsel (gk) (Entered: 11/08/1993)

July 19, 1993

July 19, 1993

358

NOTIFICATION by Circuit Court of Appellate Docket Number 93- 3011SIDM (gk) (Entered: 11/08/1993)

Aug. 16, 1993

Aug. 16, 1993

365

NOTICE OF SETTLEMENT (SETTLEMENT AGREEMENT) (cl) (Entered: 11/17/1995)

Jan. 16, 1995

Jan. 16, 1995

360

MOTION by plaintiff Ralph Parrott for order to show cause why defendants should not be held in contempt before Honorable Harold D. Vietor (dv) (Entered: 08/11/1995)

Aug. 11, 1995

Aug. 11, 1995

361

ORDER by Honorable Harold D. Vietor; defendants Hedgepeth, Emmett and Helling are granted to and including 8/31/95, within wich to file their response to plaintiff's motion for order to show cause why defendants should not be held in contempt (cc: all counsel) (dv) (Entered: 08/15/1995)

Aug. 15, 1995

Aug. 15, 1995

362

RESPONSE (REPLY) by defendant Robert Ray re [360-1] motion for order to show cause why defendants should not be held in contempt before Honorable Harold D. Vietor (cl) (Entered: 08/28/1995)

Aug. 28, 1995

Aug. 28, 1995

363

ORDER by Honorable Harold D. Vietor ; Discovery ddl set for 11/1/95 , ; In-court hearing to be held at the court facility at ISP scheduled for 11/17/95 @ 8:30 ***SEE ORDER FOR OTHER PARTICULARS*** (cc: all counsel) (cl) (Entered: 08/30/1995)

Aug. 29, 1995

Aug. 29, 1995

364

STIPULATION OF FACTS (cl) (Entered: 11/17/1995)

Nov. 16, 1995

Nov. 16, 1995

366

ORDER by Honorable Harold D. Vietor; Plaintiff shall file a brief on or before 12/04/95. Defendants shall file a brief on or before 12/22/95. Plaintiff's reply brief, if any shall be filed by 1/5/96. (cc: all counsel) (dv) (Entered: 11/20/1995)

Nov. 20, 1995

Nov. 20, 1995

367

BRIEF FILED by plaintiffs (cl) (Entered: 12/05/1995)

Dec. 4, 1995

Dec. 4, 1995

368

BRIEF FILED by defendant (rh) (Entered: 12/26/1995)

Dec. 26, 1995

Dec. 26, 1995

369

REPLY BRIEF by plaintiff re [368-1] motion brief (cl) (Entered: 01/05/1996)

Jan. 4, 1996

Jan. 4, 1996

370

MEMORANDUM, OPINION, AND ORDER: by Honorable Harold D. Vietor re motion for order to show cause why defendants should not be held in contempt [360-1] ***SEE ORDER FOR PARTICULARS*** (cc: all counsel) OJ 245-60 (cl) (Entered: 04/04/1996)

April 3, 1996

April 3, 1996

371

MOTION by defendant for extension of time to address remedies before the Honorable Harold D. Vietor (cl) (Entered: 05/07/1996)

April 6, 1996

April 6, 1996

372

PROPOSAL FOR REMEDIES (STATEMENT) by plaintiff (cl) (Entered: 05/07/1996)

May 7, 1996

May 7, 1996

373

ORDER by Honorable Harold D. Vietor: Defs' motion for extension of time to address remedies [371-1] is granted. ORDERED that both parties shall on or before 5/17/96, file papers addressing the issues raised by defs in their request for extension of time (cc: all counsel) (cl) (Entered: 05/09/1996)

May 9, 1996

May 9, 1996

375

MEMORANDUM by defendant Robert Ray in support [374-1] of motion for termination of relief before Honorable Harold D. Vietor (cl) (Entered: 05/21/1996)

May 20, 1996

May 20, 1996

374

MOTION by defendants for termination of relief before Honorable Harold D. Vietor (cl) (Entered: 05/21/1996)

May 20, 1996

May 20, 1996

378

RESPONSE TO ISSUES RAISED BY DEFENDANTS by plaintiff [371-1] re: motion for extension of time to address remedies before the Honorable Harold D. Vietor (cl) (Entered: 05/23/1996)

May 21, 1996

May 21, 1996

377

MEMORANDUM by defendant in support [376-1] of supplement (cl) (Entered: 05/23/1996)

May 21, 1996

May 21, 1996

376

SUPPLEMENT by defendant [374-1] to motion for termination of relief before Honorable Harold D. Vietor (cl) (Entered: 05/23/1996)

May 21, 1996

May 21, 1996

379

MOTION by plaintiff Ralph Parrott to extend to 6/28/96 before Magistrate Judge Ross A. Walters (dv) (Entered: 06/03/1996)

May 30, 1996

May 30, 1996

380

Ruling and ORDER by Honorable Harold D. Vietor granting motion [379-1] to extend to 6/28/96 within which to file their response to defs' motion [374-1] for termination of relief (cc: all counsel) (ld) (Entered: 06/06/1996)

June 4, 1996

June 4, 1996

382

MOTION by plaintiff Ralph Parrott to exceed page limitation before Honorable Harold D. Vietor (cl) (Entered: 07/10/1996)

July 8, 1996

July 8, 1996

381

NOTICE by plaintiff class of constitutionality of prison litigation reform act (cl) (Entered: 07/10/1996)

July 8, 1996

July 8, 1996

385

ORDER (CERTIFICATION TO UNITED STATES ATTORNEY GENERAL PURSUANT TO 28 U.S.C. SECTION 2403(a) by Honorable Harold D. Vietor; The clerk of court shall promptly send and fax a copy of this certification to the Honorable Janet Reno, the Attorney General of the United States, and to Don Nickerson, United States Attorney for the Souther District of Iowa. Unless and until the United States elects not to intervene, plaintiffs and defendants shall serve on the fUnited States all filings made by them and the United States shall serve on plaintiffs and defendants all filings made by it. (cc: all counsel) (dv) (Entered: 07/13/1996)

July 11, 1996

July 11, 1996

384

RESISTANCE by plaintiff Ralph Parrott to motion for termination of relief before Honorable Harold D. Vietor [374-1] (dv) (Entered: 07/13/1996)

July 11, 1996

July 11, 1996

383

ORDER by Honorable Harold D. Vietor granting motion to exceed page limitation [382-1] (cc: all counsel) (dv) (Entered: 07/13/1996)

July 11, 1996

July 11, 1996

386

MOTION by USA to intervene before Magistrate Judge Ross A. Walters before (cl) (Entered: 08/14/1996)

Aug. 12, 1996

Aug. 12, 1996

388

ORDER by Honorable Harold D. Vietor granting motion to intervene [386-1] adding party adding intervenor USA (cc: all counsel) (cl) (Entered: 08/20/1996)

Aug. 16, 1996

Aug. 16, 1996

389

MOTION by intervenor USA to exceed page limitation before Honorable Harold D. Vietor (cl) (Entered: 08/26/1996)

Aug. 23, 1996

Aug. 23, 1996

391

MEMORANDUM OF LAW WITH RESPECT TO THE CONSTITUTIONALITY OF CERTAIN PROVISIONS OF THE PRISON LITIGATION REFORM ACT by intervenor USA (cl) (Entered: 08/28/1996)

Aug. 27, 1996

Aug. 27, 1996

390

ORDER by James R. Rosenbaum, Clerk granting motion to exceed page limitation [389-1] (cc: all counsel) (cl) (Entered: 08/28/1996)

Aug. 27, 1996

Aug. 27, 1996

392

MOTION by plaintiff for extension of time to file a response to USA's Memorandum on constitutionality of Certain Provisions of the Prison Litigation Reform Act before James R. Rosenbaum, Clerk ***Part 1 of 2*** (cl) (Entered: 09/04/1996)

Sept. 3, 1996

Sept. 3, 1996

392

ORDER by James R. Rosenbaum, Clerk granting motion for extension of time to file a response to USA's Memorandum on constitutionality of Certain Provisions of the Prison Litigation Reform Act [392-1] to and including 9/9/96 (cc: all counsel) (cl) (Entered: 09/04/1996)

Sept. 4, 1996

Sept. 4, 1996

393

MEMORANDUM SUPPORTING THE CONSTITUTIONALITY OF THE PRISON LITIGATION REFORM ACT (BRIEF FILED) by plaintiff (cl) (Entered: 09/11/1996)

Sept. 11, 1996

Sept. 11, 1996

394

ORDER by Honorable Harold D. Vietor: ORDERED that the "automatic stay" provisio of the PLRA of 1995 is stayed, and the provisions of the consent decree shall remain in full force pending final ruling on the pending mtn to terminate, or until further order of this court staying (cc: all counsel) (cl) (Entered: 09/20/1996)

Sept. 19, 1996

Sept. 19, 1996

395

ORDER by Honorable Harold D. Vietor re [374-1] motion for termination of relief: ORDERED that ruling on the pending mtn to terminate consent decree is stayed pending a decision by the USCA 8th Circuit on the ruling to terminate the mtn in Gavin v. Ray (cc: all counsel) (cl) (Entered: 09/23/1996)

Sept. 20, 1996

Sept. 20, 1996

396

MOTION by movant Eddie Risdal for order to show cause before Honorable Harold D. Vietor (cl) (Entered: 12/17/1996)

Dec. 17, 1996

Dec. 17, 1996

397

ORDER by Honorable Harold D. Vietor denying motion for order to show cause [396-1] for violating the limiting order (cc: all counsel) (cl) (Entered: 01/15/1997)

Jan. 15, 1997

Jan. 15, 1997

398

MOTION by movant Eddie Risdal for order to show cause why defs are violating the settlement agreements in this case before Honorable Harold D. Vietor (cl) (Entered: 01/29/1997)

Jan. 27, 1997

Jan. 27, 1997

399

ORDER by Honorable Harold D. Vietor: Movant Risdal's contentions will be referred to class cnsl for consideration. The court will take no further action on Risdal's filings absent a supplementary filing by class cnsl. For docket control purposes Risdal's motion for order to show cause why defs are violating the settlement agreements in this case [398-1] is denied. ORDERED that the Clerk send copies of Risdal's filing to class cnsl (cc: all counsel) (cl) (Entered: 02/07/1997)

Feb. 6, 1997

Feb. 6, 1997

401

MEMORANDUM by plaintiff Ralph Parrott in support [400-1] of motion for order to show cause why defs should not be held in contempt before Honorable Harold D. Vietor (cl) (Entered: 05/06/1997)

May 6, 1997

May 6, 1997

400

MOTION by plaintiff Ralph Parrott for order to show cause why defs should not be held in contempt before Honorable Harold D. Vietor (cl) (Entered: 05/06/1997)

May 6, 1997

May 6, 1997

402

ORDER by Honorable Harold D. Vietor for dft's file on or before 5/27/97 their response re [400-1] motion for order to show cause why defs should not be held in contempt (cc: all counsel) (dr) (Entered: 05/12/1997)

May 12, 1997

May 12, 1997

405

AFFIDAVIT of Eddie C. Risdal [404-1] regarding motion for "Local Rule 201(d) Judicial Mandatory Notice of Adj,...Facts of continued Harassments & Harms done onto plaintiff" before Honorable Harold D. Vietor (cl) (Entered: 05/29/1997)

May 29, 1997

May 29, 1997

404

MOTION by movant Eddie Risdal for "Local Rule 201(d) Judicial Mandatory Notice of Adj,...Facts of continued Harassments & Harms done onto plaintiff" before Honorable Harold D. Vietor (cl) (Entered: 05/29/1997)

May 29, 1997

May 29, 1997

403

RESPONSE (RESISTANCE) by defendant to motion for order to show cause why defs should not be held in contempt before Honorable Harold D. Vietor [400-1] (cl) (Entered: 05/29/1997)

May 29, 1997

May 29, 1997

407

ORDER by Honorable Harold D. Vietor: Cnsl for parties shall on or before 6/18/97 submit to the court a proposed schedule setting discovery ddls (cc: all counsel) (cl) (Entered: 06/03/1997)

June 3, 1997

June 3, 1997

406

ORDER by Honorable Harold D. Vietor denying motion for "Local Rule 201(d) Judicial Mandatory Notice of Adj,...Facts of continued Harassments & Harms done onto plaintiff" [404-1]: The court will take no further action absent a supplementary filing by class cnsl. ORDERED that the clerk send copies of Risdal's filings to class cnsl (cc: all counsel) (cl) (Entered: 06/03/1997)

June 3, 1997

June 3, 1997

409

ORDER by Honorable Harold D. Vietor striking motion for " 201(d) Judicial Mandatory Notice of Life & death situation of Assults conspirared by defendants Metal (sp?)., Against plaintiff Risdal, Plaintiff Motions again for Immediate injunctive order & Relief" [408-1]: The court treats Risdal's 6/6 motions as an attempt to bring a new complaint with request for immediate injunctive relief. ORDERED that the Clerk of Court strike the b6/6/97 mtns, open a new civil case, and file Risdal's 6/6 mtns as a new complaint. FURTHER ORDERED that by not later than 6/30/97, Risdal file an application to proceed IFP with supporting financial information. FURTHER ORDERED that defs take notice of the allegations that Risdal is in immediate danger, investigate them, and file a response by not later than 2 p.m. on 6/10/97 (cc: all counsel) (cl) (Entered: 06/11/1997)

June 6, 1997

June 6, 1997

408

MOTION by movant Eddie Risdal for " 201(d) Judicial Mandatory Notice of Life & death situation of Assults conspirared by defendants Metal (sp?)., Against plaintiff Risdal, Plaintiff Motions again for Immediate injunctive order & Relief" before Honorable Harold D. Vietor (cl) (Entered: 06/06/1997)

June 6, 1997

June 6, 1997

410

SCHEDULING AGREEMENT (STIPULATION) (cl) (Entered: 06/20/1997)

June 20, 1997

June 20, 1997

411

ORDER by Honorable Harold D. Vietor setting hearing on motion for order to show cause why defs should not be held in contempt [400-1] and motion for termination of relief [374-1] at 8:30 on 10/17/97 in Fort Madison ; Discovery ddl set for 9/15/97 (cc: all counsel) (cl) (Entered: 06/26/1997)

June 26, 1997

June 26, 1997

412

SUPPLEMENT by plaintiff Ralph Parrott [401-1] to memorandum, [400- 1] to motion for order to show cause why defs should not be held in contempt before Honorable Harold D. Vietor (dr) (Entered: 07/07/1997)

July 7, 1997

July 7, 1997

414

MEMORANDUM by plaintiff in support [413-1] of motion to consolidate cases before Magistrate Judge Ross A. Walters (cl) (Entered: 07/18/1997)

July 17, 1997

July 17, 1997

413

MOTION by plaintiff to consolidate cases before Magistrate Judge Ross A. Walters (cl) (Entered: 07/18/1997)

July 17, 1997

July 17, 1997

415

ORDER by Magistrate Judge Ross A. Walters granting motion to consolidate claims [413-1] SEE ORDER FOR SPECIFICS (cc: all counsel) (dr) (Entered: 07/28/1997)

July 28, 1997

July 28, 1997

416

SUPPLEMENT by plaintiff Ralph Parrott [400-1] to motion for order to show cause why defs should not be held in contempt before Honorable Harold D. Vietor (dr) (Entered: 08/07/1997)

Aug. 7, 1997

Aug. 7, 1997

418

MOTION by defendant Robert Ray to vacate order staying automatic stay before Honorable Harold D. Vietor (dr) (Entered: 08/15/1997)

Aug. 15, 1997

Aug. 15, 1997

417

MOTION by defendant Robert Ray to lift order staying ruling before Honorable Harold D. Vietor (dr) (Entered: 08/15/1997)

Aug. 15, 1997

Aug. 15, 1997

420

RESISTANCE by plaintiff Ralph Parrott to motion to vacate order staying automatic stay before Honorable Harold D. Vietor [418-1] (dr) (Entered: 08/29/1997)

Aug. 29, 1997

Aug. 29, 1997

419

RESISTANCE by plaintiff Ralph Parrott to motion to lift order staying ruling before Honorable Harold D. Vietor [417-1] (dr) (Entered: 08/29/1997)

Aug. 29, 1997

Aug. 29, 1997

422

ORDER by Honorable Harold D. Vietor for extension to and including 9/19/97 to file reply briefs to pltfs' resistance to dfts' motion to vacate order staying automatic stay and pltfs' resistance to dfts' motion to lift order staying ruling (cc: all counsel) (dr) (Entered: 09/04/1997)

Sept. 4, 1997

Sept. 4, 1997

424

ORDER by Honorable Harold D. Vietor granting motion to lift order staying ruling [417-1] order staying ruling on pending motion to terminate consent decree entered 9/20/96 is lifted and further proceedings in respect to motion to terminate consent decree, including ruling thereon may now be had (cc: all counsel) (dr) (Entered: 09/26/1997)

Sept. 26, 1997

Sept. 26, 1997

423

ORDER by Honorable Harold D. Vietor granting motion to vacate order staying automatic stay [418-1] vacating Court order of 9/19/96 [394-2] (cc: all counsel) (dr) (Entered: 09/26/1997)

Sept. 26, 1997

Sept. 26, 1997

425

ORDER by Honorable Harold D. Vietor rescheduling hearing on order [411-2] for 8:00 a.m. on 10/17/97 (cc: all counsel) (dr) (Entered: 10/08/1997)

Oct. 7, 1997

Oct. 7, 1997

426

ORDER by Honorable Harold D. Vietor setting hearing on motion for order to show cause why defs should not be held in contempt before Honorable Harold D. Vietor [400-1] at 8:00 a.m. on 12/9/97 in Fort Madison, setting hearing on motion for termination of relief before Honorable Harold D. Vietor [374-1] at 8:00 a.m. on 12/9/97 in Fort Madison (cc: all counsel) (dr) (Entered: 10/22/1997)

Oct. 22, 1997

Oct. 22, 1997

427

MOTION by amicus USA on amicus curiae before Honorable Harold D. Vietor (dr) (Entered: 11/07/1997)

Nov. 7, 1997

Nov. 7, 1997

428

ORDER by Honorable Harold D. Vietor granting motion on amicus curiae [427-1]; clerk is directed to remove Gail Littlefield's name from mailing list in this matter (cc: all counsel) (dr) (Entered: 11/10/1997)

Nov. 10, 1997

Nov. 10, 1997

431

EXHIBIT & Witness LIST by plaintiff Ralph Parrott, defendant Robert Ray (1) manilla folder with the file. 1-23 and A-O. (don) (Entered: 12/11/1997)

Dec. 9, 1997

Dec. 9, 1997

430

CLERK'S COURT MINUTES: courtroom clerk: John Sunins; court reporter: Kelli M Mulcahy; re [400-1] motion for order to show cause why defs should not be held in contempt before Honorable Harold D. Vietor, re [374-1] motion for termination of relief before Honorable Harold D. Vietor (don) (Entered: 12/11/1997)

Dec. 9, 1997

Dec. 9, 1997

429

TRIAL briefs submitted by plaintiff Ralph Parrott (don) (Entered: 12/11/1997)

Dec. 9, 1997

Dec. 9, 1997

432

Trial BRIEF FILED by defendant Robert Ray regarding motions to terminate. (don) (Entered: 12/15/1997)

Dec. 12, 1997

Dec. 12, 1997

433

Post-Haring and REPLY BRIEF by plaintiff Ralph Parrott (don) (Entered: 01/05/1998)

Jan. 5, 1998

Jan. 5, 1998

434

RULING AND ORDER by Honorable Harold D. Vietor finding the motion for order to show cause why defs should not be held in contempt before Honorable Harold D. Vietor [400-1] moot, granting motion for termination of relief before Honorable Harold D. Vietor [374-1] (cc: all counsel) (don) (Entered: 03/03/1998)

March 3, 1998

March 3, 1998

436

MEMORANDUM by plaintiff Ralph Parrott in support [435-1] of motion to amend findings and alter or amend judgment before Honorable Harold D. Vietor (don) (Entered: 03/16/1998)

March 16, 1998

March 16, 1998

435

MOTION by plaintiff Ralph Parrott to amend findings and alter or amend judgment before Honorable Harold D. Vietor (don) (Entered: 03/16/1998)

March 16, 1998

March 16, 1998

437

RESPONSE by defendant Robert Ray [435-1] re: motion to amend findings and alter or amend judgment before Honorable Harold D. Vietor (don) (Entered: 03/23/1998)

March 23, 1998

March 23, 1998

438

ORDER by Honorable Harold D. Vietor denying motion to amend findings and alter or amend judgment, see order for particulars. [435-1] (cc: all counsel) (don) (Entered: 03/31/1998)

March 31, 1998

March 31, 1998

439

MOTION by movant Eddie Risdal before Honorable Harold D. Vietor (gk) (Entered: 08/01/2003)

Aug. 1, 2003

Aug. 1, 2003

440

ORDER by Honorable Harold D. Vietor denying motion [439-1] (cc: all counsel) (gk) (Entered: 08/05/2003)

Aug. 4, 2003

Aug. 4, 2003

Case Details

State / Territory: Iowa

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 9, 1978

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

undefined

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Iowa (Fort Madison), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Type of Facility:

Government-run