University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Madden v. Kemna PC-MO-0007
Docket / Court 89-6092 ( W.D. Mo. )
State/Territory Missouri
Case Type(s) Prison Conditions
Case Summary
On October 16, 1989, prisoners of the state of Colorado filed a lawsuit under 42 U.S.C. § 1983 against the Missouri Department of Corrections in the U.S. District Court for the Western District of Missouri. This case was consolidated with a similar case filed on November 15, 1989, by another ... read more >
On October 16, 1989, prisoners of the state of Colorado filed a lawsuit under 42 U.S.C. § 1983 against the Missouri Department of Corrections in the U.S. District Court for the Western District of Missouri. This case was consolidated with a similar case filed on November 15, 1989, by another set of prisoners of the state of Colorado. The prisoners had been transferred to the Western Missouri Correctional Center pursuant to a contract between the two states. They alleged that they had been unconstitutionally deprived of their liberty without due process of law because they were being held in a protective custody segregation unit without being afforded the same general privileges provided to inmates in the general prison population, as required by Missouri prison regulations.

On May 11, 1990, the U.S. District Court for the Western District of Missouri (Judge Howard Sachs) ordered that the Colorado inmates should be treated by the same standards as the Missouri inmates, holding that the prison regulation requiring substantial equality of privileges among prisoners created a protected liberty interest, and that substantial disparity in treatment of prisoners deprived the prisoners of their protected interests. Madden v. Kemna 739 F.Supp. 1358 (E.D.Mo. 1990). On June 11, 1991, the court dismissed the case with prejudice, ordering each party to bear its own costs.

Kristen Sagar - 04/05/2006


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Issues and Causes of Action
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Issues
General
Administrative segregation
Classification / placement
Protective custody
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Missouri Department of Corrections
Plaintiff Description Prisoners from Colorado who had been transferred to a Missouri correctional center from their home state, pursuant to a contract for imprisonment, alleging that they had been deprived of liberty interest without due process
Indexed Lawyer Organizations None on record
Class action status sought Unknown
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1990 - n/a
Case Closing Year 1991
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)
89-6099 (W.D. Mo.) 06/19/1991
PC-MO-0007-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
89-6092 (W.D. Mo.) 09/16/1998
PC-MO-0007-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum and Order 05/11/1990 (739 F.Supp. 1358) (W.D. Mo.)
PC-MO-0007-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Sachs, Howard Frederic (W.D. Mo.)
PC-MO-0007-0001 | PC-MO-0007-9000 | PC-MO-0007-9001
Monitors/Masters None on record
Plaintiff's Lawyers Emerson, Steven (Missouri)
PC-MO-0007-0001 | PC-MO-0007-9000 | PC-MO-0007-9001
Defendant's Lawyers Sheehan, Thomas Alan (Kansas)
PC-MO-0007-0001 | PC-MO-0007-9000 | PC-MO-0007-9001
York, Claudia J. (Missouri)
PC-MO-0007-0001 | PC-MO-0007-9000 | PC-MO-0007-9001
Other Lawyers None on record

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