University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Bear v. Kautzky PC-IA-0012
Docket / Court 4:01-cv-40456-JEG-CFB ( 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


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Freedom of speech/association
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
Filed Pro Se Unknown
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Order Duration 2001 - 2006
Filed 07/27/2001
Case Closing Year 2006
Case Ongoing No
Court Docket(s)
S.D. Iowa
11/04/2003
01-40225
PC-IA-0012-9001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Iowa
01/26/2006
01-40456
PC-IA-0012-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
U.S. Court of Appeals
10/04/2002
Reported Opinion (305 F.3d 802)
PC-IA-0012-0008.pdf | WESTLAW| LEXIS | Detail
Source: Google Scholar
S.D. Iowa
10/08/2003
Order Denying Plaintiffs' Motions to Amend and for Temporary Restraining Order and Granting Defendants' Motion for Summary Judgment [ECF# 106]
PC-IA-0012-0006.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Iowa
11/12/2003
Order Referring Case to Magistrate Judge [ECF# 16]
PC-IA-0012-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Iowa
04/13/2004
Defendants' Appendix (includes Complaint) [ECF# 24]
PC-IA-0012-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Iowa
03/21/2005
Report and Recommendation on Defendants' Motion for Summary Judgment Against Plaintiff Archie Bear [ECF# 43]
PC-IA-0012-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Iowa
03/31/2005
Report and Recommendation on Defendants' Motion for Partial Summary Judgment [ECF# 45]
PC-IA-0012-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Iowa
06/17/2005
Order Adopting Report and Recommendation Denying Motion for Partial Summary Judgment [ECF# 53]
PC-IA-0012-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Iowa
01/25/2006
Order Granting Motion for Summary Judgment [ECF# 59]
PC-IA-0012-0007.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Arnold, Richard Sheppard (E.D. Ark., W.D. Ark., Eighth Circuit) show/hide docs
PC-IA-0012-0008
Bremer, Celeste F. (S.D. Iowa) show/hide docs
PC-IA-0012-0003 | PC-IA-0012-0005 | PC-IA-0012-9000
Gritzner, James E. (S.D. Iowa) show/hide docs
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) show/hide docs
PC-IA-0012-0008
Wollman, Roger Leland (Eighth Circuit) show/hide docs
PC-IA-0012-0008
Plaintiff's Lawyers Erdahl, Clemens A. (Iowa) show/hide docs
PC-IA-0012-9000 | PC-IA-0012-9001
Nestor, Bruce Douglas (Iowa) show/hide docs
PC-IA-0012-0002 | PC-IA-0012-0008 | PC-IA-0012-9000 | PC-IA-0012-9001
Defendant's Lawyers Hill, William A. (Iowa) show/hide docs
PC-IA-0012-0002 | PC-IA-0012-0008 | PC-IA-0012-9000 | PC-IA-0012-9001
Miller, Thomas J. (Iowa) show/hide docs
PC-IA-0012-0002

- click to show/hide ALL -

new search
page permalink

- top of page -