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Case Name Kelly v. Brewer PC-IA-0009
Docket / Court 73-177 ( S.D. Iowa )
State/Territory Iowa
Case Type(s) Prison Conditions
Case Summary
In September 1973, an inmate of the Iowa State Penitentiary in Fort Madison, Iowa filed a lawsuit in the United States District Court for the Southern District of Iowa under 42 U.S.C. § 1983 against the prison warden. The plaintiff complained about administrative segregation conditions, standards, ... read more >
In September 1973, an inmate of the Iowa State Penitentiary in Fort Madison, Iowa filed a lawsuit in the United States District Court for the Southern District of Iowa under 42 U.S.C. § 1983 against the prison warden. The plaintiff complained about administrative segregation conditions, standards, and infrequent evaluations of segregated prisoners. The plaintiff further alleged an equal protection violation, claiming that inmates convicted of murder had not been classified as a serious safety threat in the past.

On June 6, 1974, the District Court (Judge William C. Hanson) held that the conditions of administrative segregation violated his Eighth and Fourteenth Amendment rights, but did not find an equal protection violation. Kelly v. Brewer, 378 F. Supp. 447 (S.D. Iowa 1974). In addition, the court refused to find that the inmate was subjected to cruel and unusual punishment after he was convicted of killing a prison guard.

The prison appealed. The plaintiff cross-appealed, seeking reinstatement of the equal protection and due process claims. On November 19, 1975, the United States Court of Appeals for the Eighth Circuit (Judge Jesse S. Henley) held the cross-appeal was moot because the inmate had been released from prison and the action was not certified as a class action. Kelly v. Brewer, 525 F.2d 394 (8th Cir. 1975). In addition, the Eighth Circuit affirmed the lower court's holding, that conditions of administrative segregation were unconstitutional.

We lack the docket, pleadings, and orders in this case. We have no knowledge of subsequent proceedings.

Rebekah Henn Sullivan - 08/11/2005


compress summary

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Issues and Causes of Action
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Issues
General
Administrative segregation
Classification / placement
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Iowa State Penitentiary
Plaintiff Description A prisoner in the Iowa state penitentiary allegedly that he had been subjected to a deprivation of constitutional rights under color of state law due to the facts and conditions surrounding his confinement in administrative segregation
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1974 - n/a
Case Closing Year 1975
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)
No docket sheet currently in the collection
General Documents
Findings of Fact, Conclusions of Law and Order for Judgment 06/06/1974 (378 F.Supp. 447) (S.D. Iowa)
PC-IA-0009-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Reported Opinion 11/19/1975 (525 F.2d 394)
PC-IA-0009-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Gibson, Floyd Robert (Eighth Circuit, W.D. Mo.)
PC-IA-0009-0001
Hanson, William Cook (N.D. Iowa, S.D. Iowa)
PC-IA-0009-0002
Henley, Jesse Smith (W.D. Ark., Eighth Circuit, E.D. Ark.)
PC-IA-0009-0001
Van Pelt, Robert (D. Neb.)
PC-IA-0009-0001
Monitors/Masters None on record
Plaintiff's Lawyers Bartels, Robert D. (Iowa)
PC-IA-0009-0002
Clinton, Robert N. (Iowa)
PC-IA-0009-0002
Lindahl, Barry A. (Iowa)
PC-IA-0009-0002
Pulaski, Charles Jr. (Iowa)
PC-IA-0009-0001
Thompson, John M. (Iowa)
PC-IA-0009-0002
Defendant's Lawyers Hronek, Thomas R. (Iowa)
PC-IA-0009-0002
Murphy, Michael P. (Iowa)
PC-IA-0009-0002
Turner, Richard C. (Iowa)
PC-IA-0009-0002
Williams, Lorna Lawhead (Iowa)
PC-IA-0009-0001 | PC-IA-0009-0002
Other Lawyers None on record

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