University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Flemming v. Clarke PC-NE-0001
Docket / Court 93-3262 ( D. Neb. )
State/Territory Nebraska
Case Type(s) Prison Conditions
Case Summary
In 1993, inmates at the Lincoln Correctional Center filed a Section 1983 class action suit, in the District of Nebraska, pro se, against officials of the Nebraska Department of Correctional Services. Plaintiffs complained of inadequate; kitchen and laundry facilities, medical staff, law library ... read more >
In 1993, inmates at the Lincoln Correctional Center filed a Section 1983 class action suit, in the District of Nebraska, pro se, against officials of the Nebraska Department of Correctional Services. Plaintiffs complained of inadequate; kitchen and laundry facilities, medical staff, law library and legal services, and mental health facilities. Plaintiffs also complained of overcrowding and understaffing.

The District Court (Judge David L. Piester) granted plaintiffs' motions to proceed in forma pauperis and appointed private counsel to represent the plaintiffs.

In March 1994, the District Court (Judge Richard G. Kopf) dismissed the case. The case file contains only the docket and a copy of the complaint. It is unclear why the case was dismissed. There is no mention of a settlement agreement.

Eoghan Keenan - 06/10/2005


compress summary

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Issues and Causes of Action
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Issues
Crowding
Crowding / caseload
General
Access to lawyers or judicial system
Food service / nutrition / hydration
Law library access
Library (non-law) access
Sanitation / living conditions
Visiting
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Lincoln Correctional Center
Plaintiff Description inmates at the Lincoln Correctional Center
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Unknown
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Unknown
Form of Settlement None on record
Order Duration not on record
Case Closing Year 1994
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)
4:93-cv-03262 (D. Neb.) 07/02/1996
PC-NE-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint Under the Civil Rights Act, 42 U.S.C. Section 1983 08/10/1993
PC-NE-0001-0001.pdf | Detail
Judges Kopf, Richard George (D. Neb.) [Magistrate]
PC-NE-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers McCann, P. Shawn (Nebraska)
PC-NE-0001-9000
Defendant's Lawyers None on record
Other Lawyers None on record

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