Case: Wilson v. Bruning

8:13-cv-00130 | U.S. District Court for the District of Nebraska

Filed Date: April 22, 2013

Closed Date: Jan. 15, 2015

Clearinghouse coding complete

Case Summary

On April 22, 2013, an inmate of the Nebraska Department of Corrections and his intended spouse filed a complaint in the U.S. District Court in the District of Nebraska under 42 U.S.C. § 1983 against the Nebraska Department of Corrections. The plaintiffs represented themselves pro se and claimed that their constitutional rights guaranteed by the First Amendment, Due Process Clause, and Equal Protection Clause had been violated. They asked the court to allow the transgender plaintiff to change th…

On April 22, 2013, an inmate of the Nebraska Department of Corrections and his intended spouse filed a complaint in the U.S. District Court in the District of Nebraska under 42 U.S.C. § 1983 against the Nebraska Department of Corrections. The plaintiffs represented themselves pro se and claimed that their constitutional rights guaranteed by the First Amendment, Due Process Clause, and Equal Protection Clause had been violated. They asked the court to allow the transgender plaintiff to change the sex listed on her birth certificate, to allow her to marry the male plaintiff, for the free plaintiff to gain visitation rights to the incarcerated plaintiff, and for the plaintiffs to be allowed to wear hats during Quaker religious ceremonies.

One half of the plaintiff couple is an inmate who wished to marry the other half the couple, who is a transgender woman and a former inmate in the facility in which the other plaint still resides. This prison does not allow former inmates to visit those that are still incarcerated for a period three years after their release unless there is an immediate family relationship. The plaintiffs claim that this restriction on visitation interferes with their First Amendment right to freedom of association, and that Nebraska's ban on same-sex marriage violated their constitutional rights under the Equal Protection and Due Process Clause. They further allege that their inability to marry denies the couple many benefits that married couples enjoy.

On April 17, 2014, the court (Senior Judge Richard G. Kopf) ordered that all the plaintiffs' claims were dismissed except the one alleging interference of First Amendment rights, which was allowed to proceed to service of process. Senior Judge Richard G. Kopf stated that the plaintiffs' motion to allow the wearing of hats for religious reasons was unrelated to the to the claims alleged in the complaint, and that the plaintiffs must address this claim in a separate action.

On November 3, 2014, plaintiffs' complaint and amended complaint were dismissed with prejudice for failure to state a cause of action. The plaintiffs appealed, but the Eighth Circuit Court of Appeals determined their appeal to be untimely on January 15, 2015. The case is now closed.

Summary Authors

Megan Dolan (8/5/2014)

Elizabeth Heise (10/7/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4306136/parties/wilson-v-hopkins/


Judge(s)

Kopf, Richard George (Nebraska)

Attorney for Defendant

Citta, Kyle J. (Nebraska)

Judge(s)

Kopf, Richard George (Nebraska)

Attorney for Defendant

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Documents in the Clearinghouse

Document

8:13-cv-00130

Docket [PACER]

May 11, 2015

May 11, 2015

Docket
1

8:13-cv-00130

Pro Se Civil Complaint

April 22, 2013

April 22, 2013

Complaint
21

8:13-cv-00130

Amended Complaint

Dec. 10, 2013

Dec. 10, 2013

Complaint
25

8:13-cv-00130

Memorandum and Order [Dismissing Certain Claims and Allowing First Amendment Claim to Proceed to Service of Process]

April 17, 2014

April 17, 2014

Order/Opinion
39

8:13-cv-00130

Memorandum and Order

Wilson v. Hopkins

Nov. 3, 2014

Nov. 3, 2014

Order/Opinion
40

8:13-cv-00130

Judgment

Wilson v. Hopkins

Nov. 3, 2014

Nov. 3, 2014

Order/Opinion
44

8:13-cv-00130

Memorandum and Order

Wilson v. Hopkins

Jan. 15, 2015

Jan. 15, 2015

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4306136/wilson-v-hopkins/

Last updated Feb. 10, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Jon Bruning, Dept of Corrections, Frank Hopkins, Robert Houston, Robert Madsen, Mario Peart, State of Nebraska filed by Gracy S. Sedlak, Harold B. Wilson. No Summons(es) issued.(AOA) (Entered: 04/24/2013)

April 22, 2013

April 22, 2013

2

MOTION for Leave to Proceed in forma pauperis, MOTION for Injunctive Relief filed by Plaintiff Harold B. Wilson. (AOA) (Entered: 04/24/2013)

April 22, 2013

April 22, 2013

3

PRISONER ACCOUNT STATEMENT by Plaintiff Harold B. Wilson. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E−GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (AOA) (Entered: 04/24/2013)

April 22, 2013

April 22, 2013

4

DECLARATION in Support of MOTIONS for Leave to Proceed in forma pauperis 2 filed by Plaintiff Gracy S. Sedlak.(AOA) (Entered: 04/24/2013)

April 22, 2013

April 22, 2013

5

REQUEST for Class Action Status Certification filed by Plaintiffs Gracy S. Sedlak, Harold B. Wilson. (AOA) (Additional attachment(s) added on 4/30/2013: # 1 Corrected Request with signature) (AOA). (Entered: 04/24/2013)

April 22, 2013

April 22, 2013

6

TEXT NOTICE OF DEFICIENCY by Deputy Clerk that the Request 5 has been filed and is considered deficient because the document is not signed. The plaintiff shall correct the deficiency within 15 days of the date of this entry or the pleading may be stricken from the record of this case. See NECivR 11.1.(AOA) Satisfied on 4/30/2013 (AOA). (Entered: 04/24/2013)

April 24, 2013

April 24, 2013

7

NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (AOA) (Entered: 04/24/2013)

April 24, 2013

April 24, 2013

8

ORDER pursuant to General Order No. 2007−12: All pro se civil cases that are assigned to a district judge for trial, whether filed by a prisoner or not, are herewith exempted from the disclosure and conference requirements of F.R.Civ.P. 26, except in pending cases where a scheduling order (or packet) or progression order has been previously issued, the parties shall abide by such scheduling or progression orders. In the future, it will not be the practice of the court to issue scheduling packets in pro se civil cases assigned to district judges. Instead, it will be the practice to issue a progression order, addressing discovery and other issues, approximately 30 days after the last defendant has answered. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(AOA) (Entered: 04/24/2013)

April 24, 2013

April 24, 2013

9

MEMORANDUM AND ORDER - Plaintiffs Wilson and Sedlak shall respond in accordance with this Memorandum and Order within 21 days of the date of this order. The clerk's office is directed to enter a case management deadline in this matter using th e following text: July 1, 2013: Deadline for plaintiffs to show cause. No further action shall be taken in this case until the court receives such responses. Failure to respond the courts order will result in dismissal of this matter without further notice and, as set forth above, may also result in the imposition of other sanctions. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se parties)(AOA)

June 11, 2013

June 11, 2013

RECAP
10

AFFIDAVIT of Harold B. Wilson on behalf of Plaintiff Harold B. Wilson.(AOA) (Entered: 06/27/2013)

June 27, 2013

June 27, 2013

11

PAGE 2 STRICKEN − AFFIDAVIT and Response filed by Plaintiff Gracy Sedlak .(AOA) Modified on 7/22/2013 to reflect document filed by plaintiff Gracy Sedlak and page 2 stricken per strike order 12 (CCB). (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

12

TEXT STRIKE ORDER that Pursuant to NEGenR 1.3(a)(4), Page 2 of the Affidavit and Response 11 is stricken for the following reason: page two of document filed in incorrect case. Document will be re−filed in the correct case 4:12cv3061. Ordered by Deputy Clerk. (Copy mailed to pro se plaintiffs)(CCB) (Entered: 07/22/2013)

July 22, 2013

July 22, 2013

13

MEMORANDUM AND ORDER - Sedlak is directed to correct the above-listed technical defect in the Complaint within 30 days of the date of this Memorandum and Order. Accordingly, Sedlak must pay the $400.00 fees to the Clerk of the court, or submit a request to proceed in forma pauperis and an affidavit of poverty in support thereof. Sedlak is reminded that Rule 11(a) requires that she sign every pleading, written motion, and other paper that she submits to the court, and that it is improper for Plaintiff Harold Wilson to sign papers in place of, or to otherwise represent, her. (See court's orderfrom June 11, 2013 (Filing No. 9 ).) Failure to comply with this Memorandum and Order will result in dismissal of this matter as to Sedlak without further notice. The Clerk of the court is directed to send to Sedlak the Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit. The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: September 1, 2013: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with form)(GJG) (Entered: 07/31/2013)

July 31, 2013

July 31, 2013

RECAP
14

MOTION for Leave to Proceed in forma pauperis filed by Plaintiff Gracy S. Sedlak.(AOA) (Entered: 08/08/2013)

Aug. 7, 2013

Aug. 7, 2013

PACER
15

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Harold Wilson shall pay an initial partial filing fee of $15.94 by September 12, 2013, unless an enlargement of time is granted in response to a written motion. The clerk's office is directed to send a copy of this order to the appropriate official at Plaintiff's institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: September 13, 2013: initial partial filing fee payment due. Pro Se Case Management Deadline set for 9/13/2013. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed and to pro se party)(AOA) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

RECAP
16

MEMORANDUM AND ORDER - Leave to proceed in forma pauperis 14 isprovisionally granted, and the Complaint shall be filed as to Plaintiff Gracy Sedlak without payment of fees. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(AOA) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

RECAP
17

Mail Returned as Undeliverable addressed to Harold B. Wilson regarding Memorandum and Order on Motion for Leave to Proceed in forma pauperis filing 15 . Mail was not resent as there is no forwarding address. (GJG) (Entered: 08/20/2013)

Aug. 20, 2013

Aug. 20, 2013

PACER
18

NOTICE of refused mail regarding Mail Returned 17 on behalf of Plaintiff Harold B. Wilson. (GJG) (Entered: 08/23/2013)

Aug. 20, 2013

Aug. 20, 2013

PACER
19

REQUEST for Injunction & Restraining order filed by Plaintiffs Gracy S. Sedlak, Harold B. Wilson. (AOA) (Entered: 10/23/2013)

Oct. 23, 2013

Oct. 23, 2013

PACER
20

MEMORANDUM AND ORDER - Plaintiffs' claim that they are being "denied the right to marry the personof [their] choosing" in violation of the Equal Protection Clause of the United States Constitution fails to state a claim upon which relief may be granted, and is dismissed. Plaintiffs shall have until 45 days from the date of this Memorandum and Order to amend their Complaint to clearly state a claim upon which relief may be granted against Defendants in accordance with this Memorandum and Order. If Plaintiffs fail to file an amended complaint, their claims against Defendants will be dismissed without further notice. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: Check for amended complaint on December 20, 2013. Plaintiffs' Motion for Preliminary Injunction (Filing No. 19 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se parties) (AOA) (Entered: 11/07/2013)

Nov. 7, 2013

Nov. 7, 2013

RECAP
21

AMENDED COMPLAINT filed by Gracy S. Sedlak, and Harold B. Wilson against Defendant Jon Bruning, Dept of Corrections, Frank Hopkins, Robert Houston, Robert Madsen, Mario Peart, State of Nebraska. (GJG) (Entered: 12/10/2013)

Dec. 10, 2013

Dec. 10, 2013

22

SUPPLEMENT BRIEF to the Amended Complaint filed by Plaintiffs Gracy S. Sedlak, Harold B. Wilson.. (AOA) (Entered: 01/02/2014)

Jan. 2, 2014

Jan. 2, 2014

TEXT ENTRY THAT FILING fee paid on behalf of HAROLD WILSON on 01/06/2014. Receipt number 8027068, in the amount of $ 17.10. (SCR, ) (Entered: 01/07/2014)

Jan. 6, 2014

Jan. 6, 2014

TEXT ENTRY THAT FILING fee paid on behalf of HAROLD WILSON on 02/07/2014. Receipt number 8027435, in the amount of $ 20.17. (SCR, ) (Entered: 02/10/2014)

Feb. 7, 2014

Feb. 7, 2014

23

MOTION for Summary Judgment filed by Plaintiffs Gracy S. Sedlak, Harold B. Wilson. (AOA) (Entered: 03/03/2014)

March 3, 2014

March 3, 2014

TEXT ENTRY THAT FILING fee paid on behalf of HAROLD WILSON on 03/06/2014. Receipt number 8027786, in the amount of $ 16.02. (SCR, ) (Entered: 03/07/2014)

March 6, 2014

March 6, 2014

24

MOTION for Status and Preliminary Injunction filed by Plaintiffs Gracy S. Sedlak, Harold B. Wilson. (AOA) (Entered: 03/27/2014)

March 27, 2014

March 27, 2014

TEXT ENTRY THAT FILING fee paid on behalf of HAROLD WILSON on 04/03/2014. Receipt number 8028134, in the amount of $ 73.63. (SCR, ) (Entered: 04/07/2014)

April 3, 2014

April 3, 2014

25

MEMORANDUM AND ORDER - Plaintiffs' First Amendment claim against Frank Hopkins in his individual and official capacities may proceed to service of process. All other claims against all other Defendants are dismissed. To obtain service of process on Defendant Frank Hopkins, Plaintiffs must complete and return the summons forms that the Clerk of the court will provide. The Clerk of the court shall send two summons forms and two USM-285 forms to Plaintiff, together with a c opy of this Memorandum and Order for service on Frank Hopkins in his individual and official capacities. Plaintiff shall, as soon as possible, complete the forms and send the completed forms back to the Clerk of the court. In the absence of the forms, service of process cannot occur. The Clerk of Court is directed to set a pro se case management deadlinein this case with the following text: "August 15, 2014: Check for completion ofservice of summons."Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with summonses) (AOA)

April 17, 2014

April 17, 2014

RECAP
26

Summons Issued (COPY) as to defendant Frank Hopkins regarding Supplement 22 , and Amended Complaint 21 . (GJG) (Entered: 05/16/2014)

May 15, 2014

May 15, 2014

TEXT ENTRY THAT FILING fee paid on behalf of HAROLD WILSON on 06/05/2014. Receipt number 8028896, in the amount of $ 5.32. (SCR, ) (Entered: 06/06/2014)

June 5, 2014

June 5, 2014

28

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Kyle J. Citta on behalf of Defendant Frank Hopkins. (AOA) (Entered: 06/12/2014)

June 12, 2014

June 12, 2014

29

BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 28 by Attorney Kyle J. Citta on behalf of Defendant Frank Hopkins. (AOA) (Entered: 06/12/2014)

June 12, 2014

June 12, 2014

30

TEXT NOTICE OF FAILURE TO FILE ELECTRONICALLY the Brief 29 , Motion to Dismiss for Failure to State a Claim 28 by Deputy Clerk. Pursuant to NECivR 5.0.1(b), all documents submitted for filing shall be filed using the Electronic Filing System. An attorney who willfully or negligently fails as a registered attorney to electronically file documents may be ordered to show cause why the court should not impose sanctions. This notice is for your information for future filings.(AOA) (Entered: 06/12/2014)

June 12, 2014

June 12, 2014

31

BRIEF in opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 28 on behalf of Plaintiffs Gracy S. Sedlak and Harold B. Wilson. (JSF) (Entered: 06/30/2014)

June 27, 2014

June 27, 2014

TEXT ENTRY THAT FILING fee paid on behalf of HAROLD WILSON on 07/07/2014. Receipt number 8029236, in the amount of $ 5.32. (SCR, ) Modified on 9/9/2014 to correct the receipt number (ADB, ). (Entered: 07/11/2014)

July 11, 2014

July 11, 2014

32

INTERLOCUTORY APPEAL, Request for Transcript and Bill of Exceptions regarding Memorandum and Order 25 on behalf of Plaintiff Gracy S. Sedlak. (Part 1 of 2) (Copy mailed to pro se parties) (JSF) Modified on 7/21/2014 to indicate an interlocutory appeal (JSF). (Entered: 07/14/2014)

July 11, 2014

July 11, 2014

(Part 2 of 2) MOTION for Leave to Appeal in forma pauperis on behalf of Plaintiff Gracy S. Sedlak. (JSF) (Entered: 07/14/2014)

July 11, 2014

July 11, 2014

33

COPY OF UNTIMELY MEMO prepared by deputy clerk and sent to Judge Kopf. (JSF) (Entered: 07/14/2014)

July 14, 2014

July 14, 2014

34

MEMORANDUM AND ORDER that the clerk's office shall not process Plaintiff Gracy Sedlak's appeal. Plaintiff Gracy Sedlak may not proceed on appeal in forma pauperis. The clerk's office is directed to provide a copy of this Memorandum and Order to the Eighth Circuit Court of Appeals. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (JSF)

July 15, 2014

July 15, 2014

RECAP
35

NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA 32 , Memorandum and Order 25 , Memorandum and Order denying Motion for Leave to Appeal in forma pauperis 34 . Notice of Appeal filed on 7/11/14 by Plaintiff Gracy S. Sedlak. (JSF) (Entered: 07/15/2014)

July 15, 2014

July 15, 2014

36

COPY of Order from USCA − 8th Circuit (14−2696). The $505 appellate filing and docketing fee has not been paid and is due. Appellant is directed to either pay the fee in the district court or file a motion for leave to proceed in forma pauperis in this court within 28 days of the date of this order. If appellant does not pay the fee or move for IFP status by August 14, 2014, this appeal will be dismissed for failure to prosecute without further notice. (Attachments: # 1 Transmittal Letter)(GJG) (Entered: 07/18/2014)

July 17, 2014

July 17, 2014

TEXT ENTRY THAT FILING fee paid on behalf of HAROLD WILSON on 08/08/2014. Receipt number 8029643, in the amount of $ 45.48. (SCR, ) (Entered: 08/13/2014)

Aug. 8, 2014

Aug. 8, 2014

37

COPY of Judgment from USCA − 8th Circuit (14−2696) that the appellant has not responded to the court's order of 7/17/14. It is hereby ordered that the appeal is dismissed for failure to prosecute. (JSF) (Entered: 08/19/2014)

Aug. 19, 2014

Aug. 19, 2014

TEXT ENTRY THAT FILING fee paid on behalf of HAROLD WILSON on 09/10/2014. Receipt number 8030015, in the amount of $ 6.57. (SCR, ) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

TEXT ENTRY THAT FILING fee paid on behalf of HAROLD WILSON on 10/10/2014. Receipt number 8030396, in the amount of $ 5.08. (SCR, ) (Entered: 10/14/2014)

Oct. 10, 2014

Oct. 10, 2014

39

MEMORANDUM AND ORDER that defendant's Motion to Dismiss 28 is granted. Accordingly, Plaintiffs' Complaint is dismissed with prejudice for failure to state a claim upon which relief may be granted. Plaintiffs' Motion for Summary Judgment 23 is denied. Plaintiffs' Motion for Preliminary Injunction 24 is denied. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF) (Entered: 11/03/2014)

Nov. 3, 2014

Nov. 3, 2014

40

JUDGMENT − Plaintiffs' Complaint and Amended Complaint are dismissed with prejudice for failure to state a claim upon which relief may be granted. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF) (Entered: 11/03/2014)

Nov. 3, 2014

Nov. 3, 2014

TEXT ENTRY THAT FILING fee paid on behalf of HAROLD WILSON on 11/07/2014. Receipt number CQ15−21, in the amount of $ 5.57. (SCR, ) (Entered: 11/10/2014)

Nov. 7, 2014

Nov. 7, 2014

TEXT ENTRY THAT FILING fee paid on behalf of HAROLD WILSON on 12/08/2014. Receipt number 8031172, in the amount of $ 36.99. (SCR, ) (Entered: 12/09/2014)

Dec. 8, 2014

Dec. 8, 2014

41

NOTICE OF APPEAL regarding Memorandum and Order 39 and Judgment 40 on behalf of Plaintiff Gracy S. Sedlak. Copy of Notice of Appeal mailed to plaintiff Gracy S. Sedlak at 1035 Hartley, Lincoln, NE 68503. (JSF) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

42

COPY OF UNTIMELY APPEAL MEMO prepared by deputy clerk and sent to Pro Se Law Clerk as to plaintiff Gracy S. Sedlak. (JSF) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

43

COPY OF IFP MEMO prepared by Deputy Clerk and sent to Pro Se Law Clerk regarding Notice of Appeal 41 as to plaintiff Gracy S. Sedlak. (JSF) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

TEXT ENTRY THAT FILING fee paid on behalf of HAROLD WILSON on 01/14/2015. Receipt number 8031607, in the amount of $ 4.84. (SCR, ) (Entered: 01/26/2015)

Jan. 14, 2015

Jan. 14, 2015

45

NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA 41 , Memorandum and Order 39 , Judgment 40 and Memorandum and Order that the appeal was not timely filed 44 . Notice of Appeal filed on 12/15/14 by Plaintiff Gracy S. Sedlak. (JSF) (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

44

MEMORANDUM AND ORDER - Plaintiff's notice of appeal was not timely filed. The clerk's office is directed to send a copy of this order to the Eighth Circuit Court of Appeals. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed) (JSF)

Jan. 15, 2015

Jan. 15, 2015

RECAP
46

COPY of Order from USCA − 8th Circuit (15−1154) that the appellant is directed to either pay the filing fee in the district court or file a motion for leave to proceed in forma pauperis. (Attachments: # 1 Transmittal Letter) (JSF) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

TEXT ENTRY THAT FILING fee paid on behalf of HAROLD WILSON on 02/12/2015. Receipt number 8032020, in the amount of $ 5.57. (SCR, ) (Entered: 02/17/2015)

Feb. 12, 2015

Feb. 12, 2015

48

MANDATE from USCA − 8th Circuit (15−1154) that in accordance with the judgment of 03/03/2015, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above−styled matter. (JSF) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

TEXT ENTRY THAT FILING fee paid on behalf of HAROLD WILSON on 03/09/2015. Receipt number 8032389, in the amount of $ 11.06. (SCR, ) (Entered: 03/10/2015)

March 9, 2015

March 9, 2015

TEXT ENTRY THAT FILING fee paid on behalf of Harold B. Wilson on 4/9/15. Receipt number 8032825, in the amount of $6.78. (JSF) (Entered: 04/09/2015)

April 9, 2015

April 9, 2015

TEXT ENTRY THAT FILING fee paid on behalf of Harold B. Wilson on 5/11/15. Receipt number 8033220, in the amount of $4.98. (JSF) (Entered: 05/12/2015)

May 11, 2015

May 11, 2015

Prisoner Filing Fee Paid

May 12, 2015

May 12, 2015

PACER

Case Details

State / Territory: Nebraska

Case Type(s):

Prison Conditions

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: April 22, 2013

Closing Date: Jan. 15, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a male inmate of the Nebraska Department of Corrections who wishes to marry a transgender woman who was a former inmate at the same prison, and to be free to associate with each other as immediate family members before the mandatory three year waiting period for released inmates.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Nebraska, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Free Exercise Clause

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Marriage

Jails, Prisons, Detention Centers, and Other Institutions:

Visiting

LGBTQ+:

LGBTQ+

Transgender: IDs

Discrimination-basis:

Gender identity

Sex discrimination

Sexual orientation

Affected Sex or Gender:

Female

Male

Type of Facility:

Government-run