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Case Name Bear v. Kautzky PC-IA-0012
Docket / Court 01-80456 ( S.D. Iowa )
State/Territory Iowa
Case Type(s) Prison Conditions
Attorney Organization Hadsell, Stormer & Renick
Case Summary
Four inmates at the Iowa State Penitentiary in Fort Madison, Iowa filed a lawsuit on July 27, 2001 under 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of Iowa, challenging a policy that banned prisoners' communications with other prisoners who served as jail-house ... read more >
Four inmates at the Iowa State Penitentiary in Fort Madison, Iowa filed a lawsuit on July 27, 2001 under 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of Iowa, challenging a policy that banned prisoners' communications with other prisoners who served as jail-house lawyers. Plaintiffs alleged that this policy violated their First Amendment right to freedom of expression and their Fifth, Sixth, and Fourteenth Amendment rights to be free from retaliation. Plaintiffs sought damages, injunctive relief, and fees. In September 2001, the case was consolidated with Overton v. Galloway, PC-IA-xxx, a case filed in April 2001 addressing similar concerns. The District Court (Judge Charles R. Wolle) issued a preliminary injunction enjoining enforcement of the policy.

The officials appealed the preliminary injunction. The Court of Appeals for the Eighth Circuit (Judge James B. Loken) affirmed the preliminary injunction. Bear v. Kautzky, 305 F.3d 802 (8th Cir. 2002).

Defendants' Motion for Summary Judgment was granted in Overton on October 8, 2003, dismissing all remaining claims in Overton. Once closed, the district court severed Overton from Bear.

The Bear litigation continued at the district court. The court appointed United States Magistrate Judge Celeste F. Bremer for review of the record, evidentiary hearings, oral arguments, and recommendations regarding the disposition of the case to Judge James E. Gritzner. Defendants filed for Summary Judgment, and the court granted the motion against Plaintiff Bear on June 20, 2005. With Bear terminated from the case, plaintiff Stringer became the named plaintiff. On January 25, 2006, the court granted summary judgments against Plaintiffs Stringer and McBride, dismissing the case without prejudice for failure to exhaust administrative remedies under 42 U.S.C. § 1997e(a), since they had not filed a formalized grievance to the Iowa State Penitentiary.

David Terry - 02/27/2006


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Issues and Causes of Action
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Issues
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) Iowa State Penitentiary
Plaintiff Description State prisoners challenging prison policy banning prisoners’ communications with other prisoners who served as jailhouse lawyers
Indexed Lawyer Organizations Hadsell, Stormer & Renick
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2001 - 2006
Case Closing Year 2006
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)
01-40225 (S.D. Iowa) 11/04/2003
PC-IA-0012-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
01-40456 (S.D. Iowa) 01/26/2006
PC-IA-0012-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Reported Opinion 10/04/2002 (305 F.3d 802)
PC-IA-0012-0008.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order Denying Plaintiffs' Motions to Amend and for Temporary Restraining Order and Granting Defendants' Motion for Summary Judgment 10/08/2003 (S.D. Iowa)
PC-IA-0012-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Referring Case to Magistrate Judge 11/12/2003 (S.D. Iowa)
PC-IA-0012-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Appendix (includes Complaint) 04/13/2004
PC-IA-0012-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Report and Recommendation on Defendants' Motion for Summary Judgment Against Plaintiff Archie Bear 03/21/2005 (S.D. Iowa)
PC-IA-0012-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Report and Recommendation on Defendants' Motion for Partial Summary Judgment 03/31/2005 (S.D. Iowa)
PC-IA-0012-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Adopting Report and Recommendation Denying Motion for Partial Summary Judgment 06/17/2005 (S.D. Iowa)
PC-IA-0012-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Motion for Summary Judgment 01/25/2006 (S.D. Iowa)
PC-IA-0012-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Arnold, Richard Sheppard (E.D. Ark., W.D. Ark., Eighth Circuit)
PC-IA-0012-0008
Bremer, Celeste F. (S.D. Iowa) [Magistrate]
PC-IA-0012-0003 | PC-IA-0012-0005 | PC-IA-0012-9000
Gritzner, James E. (S.D. Iowa)
PC-IA-0012-0001 | PC-IA-0012-0004 | PC-IA-0012-0006 | PC-IA-0012-0007 | PC-IA-0012-9000 | PC-IA-0012-9001
Loken, James B. (Eighth Circuit)
PC-IA-0012-0008
Wollman, Roger Leland (Eighth Circuit)
PC-IA-0012-0008
Monitors/Masters None on record
Plaintiff's Lawyers Erdahl, Clemens A. (Iowa)
PC-IA-0012-9000 | PC-IA-0012-9001
Nestor, Bruce Douglas (Iowa)
PC-IA-0012-0002 | PC-IA-0012-0008 | PC-IA-0012-9000 | PC-IA-0012-9001
Defendant's Lawyers Hill, William A. (Iowa)
PC-IA-0012-0002 | PC-IA-0012-0008 | PC-IA-0012-9000 | PC-IA-0012-9001
Miller, Thomas J. (Iowa)
PC-IA-0012-0002
Other Lawyers None on record

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