University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Marshno v. McManus PC-KS-0002
Docket / Court 79-3146 ( D. Kan. )
State/Territory Kansas
Case Type(s) Prison Conditions
Case Summary
In 1979, Native American inmates at the Kansas State Penitentiary filed a pro se complaint in the United States District Court for the District of Kansas against corrections officials claiming several statutory and constitutional violations. More specifically, the plaintiffs alleged that the prison ... read more >
In 1979, Native American inmates at the Kansas State Penitentiary filed a pro se complaint in the United States District Court for the District of Kansas against corrections officials claiming several statutory and constitutional violations. More specifically, the plaintiffs alleged that the prison officials had violated their First, Eighth, and Fourteenth Amendment rights as well as their rights under the American Indian Religious Freedom Act.

The plaintiffs stated that the officials had refused them reasonable access to their traditional Native American religion and that they were discriminated against in the rehabilitation process. The American Civil Liberties Union and the Native American Rights Fund agreed to represent the plaintiffs and the two parties entered into a consent decree on November 14, 1980, which included provisions for a sweat lodge, an Indian medicine man, and allowances for religious drum services four times per month.

The only document we have available for this case is a copy of the consent judgment and decree filed on November 17, 1980 and therefore we have no information on subsequent litigation or any other issue.

Rebekah Henn Sullivan - 06/15/2006


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Issues and Causes of Action
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Issues
Affected Gender
Male
General
Religious programs / policies
Type of Facility
Government-run
Causes of Action None on record
Defendant(s) Kansas State Penitentiary
Plaintiff Description Native American Inmates at the Kansas State Penitentiary
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1980 - n/a
Case Closing Year n/a
Case Ongoing Unknown
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
Consent Judgment and Decree 11/19/1980 (D. Kan.)
PC-KS-0002-0001 PDF | Detail
Judges Saffels, Dale Emerson (D. Kan.)
PC-KS-0002-0001
Monitors/Masters None on record
Plaintiff's Lawyers Blue Dog, Kurt V. (Colorado)
PC-KS-0002-0001
Echo-Hawk, Walter R. (Colorado)
PC-KS-0002-0001
Defendant's Lawyers Flory, James (Kansas)
PC-KS-0002-0001
Schafer, Elsbeth D. (Kansas)
PC-KS-0002-0001
Other Lawyers None on record

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