On June 16, 1983, inmates practicing Native American religion at Iowa State Penitentiary (ISP) filed lawsuits under 42 U.S.C. § 1983 against the officers and employees of ISP in the U.S. District Court for the Southern District of Iowa. The plaintiffs, at first represented by themselves and later by the University of Iowa Legal Clinic, asked for declaratory and injunctive relief, alleging the ISP policy of not allowing Native American religious headbands to be worn in the prison yard violated their constitutional rights.

On May 1, 1984, the District Court (Judge Harold D. Vietor) granted the plaintiffs' motion for a preliminary injunction. Reinert v. Haas, 585 F.Supp. 477 (D.C. Iowa 1984). Judge Vietor held that the plaintiffs would probably succeed on the merits of their claim, and that the threat of harm to the plaintiffs was irreparable and the public interest would best be served by issuing the injunction.

On September 9, 1985, the District Court (Judge Vietor) allowed two plaintiffs, proceeding pro se, to amend their original complaint against prison officials at the ISP to allege that the defendants allowed the loss, theft or destruction of the plaintiffs' religious, legal and cultural property. Walker v. Scurr, 617 F.Supp. 679 (D.C. Iowa 1985). Judge Vietor held that the proposed amendment adequately alleged a deprivation of property without due process.

Sometime before 1993, the District Court (Judge Vietor) approved a settlement agreement.

On December 7, 1993, the District Court (Judge Vietor) approved a modification of the settlement agreement.

Because we do not have the settlement agreement and PACER only contains the docket dating from 1993, we have no further information on this case.

Chris Sullivan - 08/08/2006


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