Case: Rust v. Gunter

4:84-cv-00712 | U.S. District Court for the District of Nebraska

Filed Date: Oct. 24, 1984

Clearinghouse coding complete

Case Summary

On 10/24/1984, death row inmates at the Nebraska State Penitentiary, represented by private counsel, filed a Section 1983 class action suit in the District of Nebraska against officials of the Nebraska Department of Correctional Services. Plaintiffs complained of inadequate access to the law library, legal services, exercise, and visitation rights.The case went to trial in July 1986, but settled prior to the conclusion of the trial. The District Court (Judge Warren K. Urbom) entered the conse…

On 10/24/1984, death row inmates at the Nebraska State Penitentiary, represented by private counsel, filed a Section 1983 class action suit in the District of Nebraska against officials of the Nebraska Department of Correctional Services. Plaintiffs complained of inadequate access to the law library, legal services, exercise, and visitation rights.

The case went to trial in July 1986, but settled prior to the conclusion of the trial. The District Court (Judge Warren K. Urbom) entered the consent decree in August 1986. The consent decree required that defendants provide death row inmates access to the law library, legal materials and services, telephone use, exercise, and visitation. Finally, the consent decree included an agreed amount for the attorney fees and costs.

(This is not the same litigation as the one with the same caption, in which the Supreme Court granted certiorari, Rust v. Gunter, 494 U.S. 1055 (1990), and appointed Al Bronstein of the National Prison Project Supreme Court counsel, Rust v. Gunter, 494 U.S. 1077 (1990), but later vacated and remanded for further consideration "in light of the representations made by counsel for petitioner appointed by the Court in his motion to withdraw as counsel on May 22, 1990, the response to that motion filed by respondent May 30, 1990, and petitioner's motion for appointment of counsel filed June 4, 1990. Rust v. Gunter, 496 U.S. 914 (1990).)

In February 2010 Eric Vela and Jorge Galindo alleged that they had been deined rights specified in the 1986 consent decree. They filed a motion to enforce the decree, and argued that their time in disciplinary and administrative segregation prevented them from library access, yard time, and phone calls. On August 6, 2010 the prison responded with a motion to terminate the consent decree and dismiss the case. They argued that under the Prison Litigation Reform Act that the consent decree had to narrowly tailor its corrections to violations of federal rights.

On Decemeber 6, 2010 Judge Urbom dismissed Vela and Galindo's motion, but waited for the rest of the death row inmates to weigh in on the motion to terminate the consent decree. 2010 WL 5093306.

On May 2, 2012 Judge Urbom held that the consent decree was no longer necessary. Judge Urbom listed the various grievances alleged by the inmates, but did not hold any of them sufficient enough to warrant a continuation of the consent decree. Judge Urbom acknowledged that access to the courts was a vital right for death row inmates, but the small grievances concerning access to library books or legal training was not an right in itself. Furthermore, Judge Urbom did not find that the Equal Protection claim merited continuation. Finding that death row inmates were not similarly situated to the regular inmate population, the court concluded it was impossible to conduct a rational basis analysis. The opinion also noted that the consent decree was not narrowly construed to protect violations of rights. The motion was then granted and the consent decree was terminated.

On February 11, 2013 the Court granted attorney's fees for the plaintiffs' lawyer, who was appointed by the Court. 2013 WL 508304. The plaintiffs were not the prevailing party, so the fees could not exceed $2,000, but because this was a special case that involved extensive research into an old case file the Court awarded the lawyer $6,000.

This case is now closed.

Summary Authors

Eoghan Keenan (7/15/2005)

Salvatore Mancina (11/4/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5726083/parties/rust-v-gunter/


Judge(s)

Smith Camp, Laurie (Nebraska)

Attorney for Plaintiff

Covalt, Victor E III (Nebraska)

Attorney for Defendant

Bruning, Jon (Nebraska)

Expert/Monitor/Master/Other

Allred, Amber (Florida)

Enenbach, Matthew M (Nebraska)

Judge(s)

Smith Camp, Laurie (Nebraska)

Stevens, John Paul (District of Columbia)

Urbom, Warren Keith (Nebraska)

Zwart, Cheryl R (Nebraska)

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Documents in the Clearinghouse

Document

4:84-cv-00712

Docket [PACER]

Feb. 11, 2013

Feb. 11, 2013

Docket

4:84-cv-00712

Consent Decree

Aug. 1, 1986

Aug. 1, 1986

Order/Opinion
115

4:84-cv-00712

Memorandum and Order on Pending Motions

Dec. 6, 2010

Dec. 6, 2010

Order/Opinion
120

4:84-cv-00712

Memorandum and Order on Status of Case

Feb. 1, 2011

Feb. 1, 2011

Order/Opinion
159

4:84-cv-00712

Judgment

May 2, 2012

May 2, 2012

Order/Opinion
158

4:84-cv-00712

Memorandum and Order on Defendant's Motion to Terminate the Consent Decree

May 2, 2012

May 2, 2012

Order/Opinion
162

4:84-cv-00712

Order

Aug. 21, 2012

Aug. 21, 2012

Order/Opinion
167

4:84-cv-00712

Order

Feb. 11, 2013

Feb. 11, 2013

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5726083/rust-v-gunter/

Last updated Jan. 28, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
88

MOTION for Order of Contempt and Injunctive Relief filed by Eric F. Vela and Jorge A. Galindo. (Attachments: # 1 Cover letter)(JAB) (Entered: 02/18/2010)

Feb. 5, 2010

Feb. 5, 2010

89

OBJECTION filed by Eric F. Vela and Jorge A. Galindo. (Attachments: # 1 Copy of Consent Decree missing page 3)(JAB) (Entered: 02/18/2010)

Feb. 5, 2010

Feb. 5, 2010

87

ORDER - Volume I and Volume II of the files obtained from the Federal Records Center in the above-captioned case, shall be checked out to Victor Covalt. The files shall be returned to the Office of the Clerk of the District Court in Lincoln, Nebraska, on or before February 25, 2010. Ordered by Senior Judge Warren K. Urbom. (JAB)

Feb. 16, 2010

Feb. 16, 2010

RECAP
86

NOTICE − This case is partially converted as of 2/16/2010 to the CM/ECF System. The docket sheet prior to 2/16/2010 is attached. (JAB) Modified on 2/17/2010 to correct document number. (JAB) (Entered: 02/17/2010)

Feb. 16, 2010

Feb. 16, 2010

90

RECEIPT regarding Temporary Loan of Court Files. Files picked up by Victor Covalt's office. (JAB) (Entered: 02/18/2010)

Feb. 18, 2010

Feb. 18, 2010

Remark − Public: Case files CS1 and CS2 returned to the Clerk's office by Victor Covalt's office. (AOA) Modified on 2/25/2010 to correct Attorney's name. (AOA). (Entered: 02/25/2010)

Feb. 25, 2010

Feb. 25, 2010

91

ORDER APPOINTING COUNSEL - (1) the request for counsel contained in 88 is granted and under the inherent authority of the court Edward G. Warin is appointed as counsel for Jorge A. Galindo and for Eric F. Vela. (2) Volume I and Volume II of the fil es obtained from the Federal Records Center in the above-captioned case, shall be checked out to Edward G. Warin; and (3) the files shall be returned to the Office of the Clerk of the District Court for the District of Nebraska on or before 4/2/2010 as ordered by Senior Judge Warren K. Urbom. (SED)

March 1, 2010

March 1, 2010

RECAP
92

RECEIPT OF TEMPORARY LOAN OF COURT FILES: volume 1 and 2 checked out to Edward Warin to be returned on or before 4/2/10. (ADB, ) (Entered: 03/12/2010)

March 12, 2010

March 12, 2010

Remark − Public: Case files CS1 and CS2 returned to the clerk's office by Edward Warin. (TCL ) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

93

ORDER sustaining 89 Objection. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se parties)(EJL)

April 28, 2010

April 28, 2010

RECAP
94

TEXT MINUTE ENTRY for telephone conference held in chambers on 5/17/10 with Senior District Judge Warren K. Urbom and counsel Edward Warin, Amber Allred and Linda Willard; discussion held regarding progression of the case; Time Commenced: 10:00 a.m.; Time Concluded: 10:26 a.m. (Attorney Linda L. Willard added for defendants Charles Black, Terence B. Campbell, Harold W. Clarke, John T. Eggers, Gary Grammer, Charles Hohenstein, Mario Peart, and John P. Shaw; Attorney Amber Allred added for interested parties Eric F. Vela and Jorge A. Galindo). (BMH) (Entered: 05/18/2010)

May 17, 2010

May 17, 2010

95

Amended MOTION to Enforce Consent Decree by Attorney Edward G. Warin on behalf of Interested Parties Jorge A. Galindo, Eric F. Vela.(Warin, Edward) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

96

BRIEF in support of Amended MOTION to Enforce Consent Decree 95 by Attorney Edward G. Warin on behalf of Interested Parties Jorge A. Galindo, Eric F. Vela.(Warin, Edward) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

98

BRIEF in support of MOTION to Dismiss MOTION TO TERMINATE CONSENT DECREE AND DISMISS CASE 97 by Attorney Linda L. Willard on behalf of Defendant Fred Britten.(Willard, Linda) (Entered: 08/06/2010)

Aug. 6, 2010

Aug. 6, 2010

99

INDEX in support of MOTION to Dismiss MOTION TO TERMINATE CONSENT DECREE AND DISMISS CASE 97 by Attorney Linda L. Willard on behalf of Defendant Fred Britten. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Willard, Linda) (Entered: 08/06/2010)

Aug. 6, 2010

Aug. 6, 2010

101

ORDER on Procedure. The plaintiffs shall have until September 30, 2010, to respond to the Defendants Motions to Terminate Consent Decree and Dismiss Case, to which the defendants may then have until October 12, 2010, to respond. Further activity on other motions now pending may be delayed until resolution of the Defendants Motions to Terminate Consent Decree and Dismiss Case. Ordered by Senior Judge Warren K. Urbom. (EJL)

Aug. 30, 2010

Aug. 30, 2010

RECAP
100

TEXT MINUTE ENTRY for a telephone conference held in chambers on 8/30/10 with Senior District Judge Warren K. Urbom and counsel Assistant Attorney General Linda L. Willard for the Attorney General and Ed Warin and Amber Allred for the interested parties, Eric F. Vela and Jorge A. Galindo; Time Commenced: 10:01 a.m.; Time Concluded: 10:25 a.m. (BMH) (Entered: 08/30/2010)

Aug. 30, 2010

Aug. 30, 2010

102

ORDER terminating 88 Motion for Order of Contempt and Injunctive Relief. The Amended Motion to Enforce Consent Decree 95 is the operative motion regarding that issue. Ordered by Senior Judge Warren K. Urbom. (JAB) (Entered: 09/08/2010)

Sept. 8, 2010

Sept. 8, 2010

103

MOTION to Appoint Counsel filed by John L. Lotter.(GJG) (Entered: 09/20/2010)

Sept. 13, 2010

Sept. 13, 2010

104

ORDER ON MOTION FOR COUNSEL, FILING 103 - IT IS ORDERED that: 1. the clerk shall send to Edward G. Warin and Linda L. Willard, counsel for the present parties, a copy of filing 103 , and 2. response to filing 103 shall be made by counsel for Eri c F. Vela and Jorge A. Galindo on or before October 12, 2010, and by counsel for the defendants on or before October 26, 2010, regarding the issue of intervention.Ordered by Senior Judge Warren K. Urbom. (Copies mailed as directed and to pro se party)(TCL )

Sept. 22, 2010

Sept. 22, 2010

RECAP
105

BRIEF in opposition to MOTION to Dismiss MOTION TO TERMINATE CONSENT DECREE AND DISMISS CASE 97 by Attorney Edward G. Warin on behalf of Interested Parties Jorge A. Galindo, Eric F. Vela.(Warin, Edward) (Entered: 09/30/2010)

Sept. 30, 2010

Sept. 30, 2010

106

BRIEF in support of MOTION to Dismiss MOTION TO TERMINATE CONSENT DECREE AND DISMISS CASE 97 DEFENDANTS' REPLY BRIEF by Attorney Linda L. Willard on behalf of Defendants Charles Black, Fred Britten, Terence B. Campbell, Harold W. Clarke, John T. Eggers, Gary Grammer, Frank Gunter, Charles Hohenstein, Mario Peart, John P. Shaw.(Willard, Linda) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

107

BRIEF in opposition to MOTION to Appoint Counsel 103 by Attorney Edward G. Warin on behalf of Interested Parties Jorge A. Galindo, Eric F. Vela.(Warin, Edward) (Entered: 10/12/2010)

Oct. 12, 2010

Oct. 12, 2010

108

INDEX in support of Brief 107 by Attorney Edward G. Warin on behalf of Interested Parties Jorge A. Galindo, Eric F. Vela. (Attachments: # 1 Declaration of A. Allred, # 2 Exhibit A, September 26, 2010 Letter from Marco Torres)(Warin, Edward) (Entered: 10/12/2010)

Oct. 12, 2010

Oct. 12, 2010

109

MOTION to Withdraw as Attorney by Attorney Amber Allred on behalf of Interested Parties Jorge A. Galindo, Eric F. Vela.(Allred, Amber) (Entered: 10/15/2010)

Oct. 15, 2010

Oct. 15, 2010

110

ORDER granting 109 Amber Allred's Motion to Withdraw as Attorney. Ordered by Senior Judge Warren K. Urbom. (JSF)

Oct. 18, 2010

Oct. 18, 2010

RECAP
111

BRIEF in opposition to MOTION to Appoint Counsel 103 by Attorney Linda L. Willard on behalf of Defendant Fred Britten.(Willard, Linda) (Entered: 10/22/2010)

Oct. 22, 2010

Oct. 22, 2010

112

MOTION for Leave To File Instanter a Brief in Response to Defendants' Brief in Opposition to Mr. John Lotter's Motion by Attorney Edward G. Warin on behalf of Interested Parties Jorge A. Galindo, Eric F. Vela.(Warin, Edward) (Entered: 11/05/2010)

Nov. 5, 2010

Nov. 5, 2010

113

BRIEF in Response to Defendants' Brief in Opposition to Mr. John Lotter's Motion by Attorney Edward G. Warin on behalf of Interested Parties Jorge A. Galindo, Eric F. Vela.(Warin, Edward) (Entered: 11/05/2010)

Nov. 5, 2010

Nov. 5, 2010

114

ORDER granting 112 Interested Parties' Motion to File Instanter a Brief in Response to the Defendants' Brief in Opposition to Mr. John Lotter's Motion. Ordered by Senior Judge Warren K. Urbom. (EJL)

Nov. 8, 2010

Nov. 8, 2010

RECAP
115

MEMORANDUM AND ORDER ON PENDING MOTIONS - Vela's and Galindo's "Amended Motion to Enforce Consent Decree," (ECF No. 95 ), is denied; Britten's "Motions to Terminate Consent Decree and Dismiss Case," (ECF No. 97 ), are granted insofar as they seek the denial of Vela's and Galindo's motion to enforce the consent decree, but in all other respects, I reserve ruling on the motion until the death row inmates have been given an opportunity to supplement th e record. Lotter's motion to appoint counsel, filing 103 , is granted. Counsel shall contact my chambers within seven days of the date of this order to schedule a meeting or teleconference concerning the progression of this case. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(GJG)

Dec. 6, 2010

Dec. 6, 2010

RECAP
116

ORDER - In my Memorandum and Order on Pending Motions, filing 115 , and under the inherent authority of the court Michael J. Wilson, Schaefer Shapiro, 1001 Farnam Street, 3rd Floor, Omaha, Nebraska 68102, (402) 341-0700, is appointed counsel for Joh n L. Lotter and all other inmates who constitute a class of persons serving a death penalty in the Tecumseh State Correctional Institution; and payment of litigation costs and attorney fees shall be paid from the Federal Practice Fund under the restrictions set out in the Amended Plans for Administration of the Federal Practice Fund and The Federal Practice Committee District of Nebraska (As of July 15, 2008). Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(AOA)

Dec. 15, 2010

Dec. 15, 2010

RECAP
118

ORDER granting 117 Motion to Extend. Case Management Deadline set for 1/17/2011. Ordered by Senior Judge Warren K. Urbom. (EJL )

Jan. 14, 2011

Jan. 14, 2011

RECAP
117

MOTION for Extention of Time filed by Attorney Edward G. Warin on behalf of Interested Parties Jorge A. Galindo and Eric F. Vela. (TEL) (Entered: 01/14/2011)

Jan. 14, 2011

Jan. 14, 2011

119

TEXT MINUTE ENTRY for telephone conference held in chambers on 1/20/11 with Senior District Judge Warren K. Urbom and counsel Linda L. Willard, Ed Warin and Michael Wilson; Time Commenced: 11:00 a.m.; Time Concluded: 11:22 a.m. (BMH) (Entered: 01/20/2011)

Jan. 20, 2011

Jan. 20, 2011

120

MEMORANDUM AND ORDER - There is no longer need to refer to Eric F. Vela and Jorge A. Galindo as parties, but they now join Lotter and the other inmates on death row as beneficiaries of any provision of a decree favorable to Lotter. Eric F. Vela and Jorge A. Galido, as well as all other inmates on death row, shall not be known as parties, unless application is made and receives approval of the court for joinder under Rule 20 or for intervention under Rule 24 of the Federal Rules of Civil Procedu re. The interests of all inmates on death row, including Eric F. Vela and Jorge A. Galindo, shall be represented by Michael Wilson. The defendants have agreed that by reason of stare decisis any decree entered will be applicable to each death row in mate held at the Tecumseh facility at the time of the decree or thereafter. This action shall not proceed as a class action under Rule 23 of the Federal Rules of Civil Procedure, unless so designated by order of the court. The Clerk shall assign thi s case to Magistrate Judge Cheryl Zwart for pretrial purposes, including discovery, scheduling and holding pretrial conference or conferences, settlement conference or conferences, and setting a trial date amenable to counsel. Discovery is expected t o be completed within three months of the date of this order, subject to change, of course, by Magistrate Judge Zwart. Counsel may proceed with discovery as orally stated in our telephone call of January 20, 2011, until any change is made by Judge Zw art. Edward G. Warin of Kutak Rock LLP, appointed by my order of March 1, 2010, to represent Eric F. Vela and Jorge A. Galindo, is relieved of his appointment, but has volunteered to remain as advisory counsel to Michael Wilson as may be requested b y Michael Wilson. Matthew M. Enenbach has also appeared with Edward G. Warin for Eric F. Vela and Jorge A. Galindo. He similarly is relieved of representation of Vela and Galindo, except insofar as Mr. Warin's letter of January 17, 2011, appear s to include Mr. Enenbach as a volunteer advisory counsel to Michael Wilson, as may be requested by Michael Wilson. I understand that neither Mr. Warin nor Mr.Enenbach expect to receive any fee but do expect to be reimbursed for litigation expense through the Federal Practice Fund. That arrangement of voluntary service is approved by the court. Ordered by Senior Judge Warren K. Urbom. (GJG)

Feb. 1, 2011

Feb. 1, 2011

RECAP
121

NOTICE of Serving Plaintiff's First Set of Interrogatories and Requests for Production of Documents upon Defendants by Attorney Michael J. Wilson on behalf of Interested Parties Jorge A. Galindo, John L. Lotter, Eric F. Vela, Plaintiffs Steven Harper, Peter Hochstein, Charles J. Palmer, John Rust (Wilson, Michael) (Entered: 03/30/2011)

March 30, 2011

March 30, 2011

122

TEXT ORDER SETTING HEARING: Status Conference set for 6/1/2011 at 01:30 PM by telephone before Magistrate Judge Cheryl R. Zwart. Counsel for the defendants shall arrange the call.Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ) (Entered: 05/24/2011)

May 24, 2011

May 24, 2011

123

MEMORANDUM AND ORDER - IT IS ORDERED: As to the discovery disclosed by the defendants, defense counsel will identify any discovery it deems "confidential." Absent prior approval of the court, plaintiffs' counsel will not disclose to th e plaintiffs any discovery designated as confidential by the defendants. A telephonic status conference to discuss further case progression will be held before the undersigned magistrate judge on September 1, 2011 at 10:00 a.m. Counsel for the defendants shall place the call. (Telephone Conference set for 9/1/2011 at 10:00 AM by telephone before Magistrate Judge Cheryl R. Zwart) Ordered by Magistrate Judge Cheryl R. Zwart. (TEL)

June 1, 2011

June 1, 2011

RECAP
124

Certificate of Serving Discovery by Attorney Linda L. Willard on behalf of Defendants Charles Black, Fred Britten, Terence B. Campbell, Harold W. Clarke, John T. Eggers, Gary Grammer, Frank Gunter, Charles Hohenstein, Mario Peart, John P. Shaw.(Willard, Linda) (Entered: 06/13/2011)

June 13, 2011

June 13, 2011

125

Certificate of Serving Discovery by Attorney Linda L. Willard on behalf of Defendants Charles Black, Fred Britten, Terence B. Campbell, Harold W. Clarke, John T. Eggers, Gary Grammer, Frank Gunter, Charles Hohenstein, Mario Peart, John P. Shaw.(Willard, Linda) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

126

TEXT ORDER SETTING HEARING: At counsels request, the telephone Conference is reset for 9/1/2011 at 04:00 PM by telephone before Magistrate Judge Cheryl R. Zwart. Counsel for the defendants shall place the call. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS) (Entered: 08/24/2011)

Aug. 24, 2011

Aug. 24, 2011

127

FINAL PROGRESSION ORDER − Depositions due November 30, 2011. In Chambers Conference set for 5/14/2012 at 08:30 AM before Senior Judge Warren K. Urbom. Non−Jury Trial set for 5/14/2012 at 09:00 AM in Courtroom 4, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Warren K. Urbom. Pretrial Conference set for 4/26/2012 at 09:00 AM in Chambers before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ) (Entered: 09/01/2011)

Sept. 1, 2011

Sept. 1, 2011

129

ORDER granting 128 Stipulation. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)

Sept. 19, 2011

Sept. 19, 2011

RECAP
130

Certificate of Serving Discovery by Attorney Linda L. Willard on behalf of Defendants Charles Black, Fred Britten, Terence B. Campbell, Harold W. Clarke, John T. Eggers, Gary Grammer, Frank Gunter, Charles Hohenstein, Mario Peart, John P. Shaw.(Willard, Linda) (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

131

MOTION to Incur Expenses from Federal Practice Fund by Attorney Michael J. Wilson on behalf of Plaintiffs John Rust, Peter Hochstein, Charles J. Palmer and Steven Harper.(Wilson, Michael) Modified on 10/12/2011 to add all plaintiffs per attorney's request (AOA). (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

132

ORDER granting 131 Motion to Incur Expenses from Federal Practice Fund. Ordered by Senior Judge Warren K. Urbom. (EJL)

Oct. 17, 2011

Oct. 17, 2011

RECAP
133

Certificate of Serving Discovery by Attorney Michael J. Wilson on behalf of Interested Parties Jorge A. Galindo, John L. Lotter, Eric F. Vela, Plaintiffs Steven Harper, Peter Hochstein, Charles J. Palmer, John Rust.(Wilson, Michael) (Entered: 01/09/2012)

Jan. 9, 2012

Jan. 9, 2012

138

MEMORANDUM AND ORDER ON MAIL ISSUE AND AMENDING DEADLINE FOR MOTIONS - On February 1, 2012, at 2:00 p.m. I shall initiate a telephone conversation with Ms. Willard and Mr. Wilson to discuss possible resolution of the complaints by the plaintiffs abo ut the handling of mail in the prison, allowing time for Ms. Willard to investigate relevant activities and procedures at the prison. The defendant shall have until February 1, 2012, to respond to the newly-filed Motionfor Protective Order, filin g 134 . The Magistrate Judge's order of September 1, 2011, filing 127 , is amended by changing paragraph b to read: the deadline for filing motions to dismiss, motions for summary judgment or motions to exclude expert testimony on Daubert and related grounds is February 29, 2012. Ordered by Senior Judge Warren K. Urbom. (AOA)

Jan. 11, 2012

Jan. 11, 2012

RECAP
134

MOTION for Protective Order by Attorney Michael J. Wilson on behalf of Interested Parties Jorge A. Galindo, John L. Lotter, Eric F. Vela, Plaintiffs Steven Harper, Peter Hochstein, Charles J. Palmer, John Rust.(Wilson, Michael) (Entered: 01/11/2012)

Jan. 11, 2012

Jan. 11, 2012

135

BRIEF in support of MOTION for Protective Order 134 by Attorney Michael J. Wilson on behalf of Interested Parties Jorge A. Galindo, John L. Lotter, Eric F. Vela, Plaintiffs Steven Harper, Peter Hochstein, Charles J. Palmer, John Rust.(Wilson, Michael) (Entered: 01/11/2012)

Jan. 11, 2012

Jan. 11, 2012

136

INDEX in support of MOTION for Protective Order 134 by Attorney Michael J. Wilson on behalf of Interested Parties Jorge A. Galindo, John L. Lotter, Eric F. Vela, Plaintiffs Steven Harper, Peter Hochstein, Charles J. Palmer, John Rust. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Affidavit, # 8 Affidavit, # 9 Affidavit, # 10 Affidavit, # 11 Affidavit, # 12 Affidavit, # 13 Affidavit, # 14 Affidavit, # 15 Affidavit)(Wilson, Michael) (Entered: 01/11/2012)

Jan. 11, 2012

Jan. 11, 2012

137

TEXT MINUTE ENTR for telephone conference held on 1/11/12 with Senior District Judge Warren K. Urbom and counsel Linda Willard and Michael Wilson; Time Start: 1:53 PM; Time Stop: 2:14 PM; Time in Court: 21 Minutes. (BMH) (Entered: 01/11/2012)

Jan. 11, 2012

Jan. 11, 2012

139

Certificate of Serving Supplemental Discovery by Attorney Michael J. Wilson on behalf of Interested Parties Jorge A. Galindo, John L. Lotter, Eric F. Vela, Plaintiffs Steven Harper, Peter Hochstein, Charles J. Palmer, John Rust.(Wilson, Michael) (Entered: 01/26/2012)

Jan. 26, 2012

Jan. 26, 2012

140

RESPONSE to Death Row Inmates' Concerns Regarding Legal Mail by Attorney Linda L. Willard on behalf of Defendants Charles Black, Fred Britten, Terence B. Campbell, Harold W. Clarke, John T. Eggers, Gary Grammer, Frank Gunter, Charles Hohenstein, Mario Peart, John P. Shaw.(Willard, Linda) (Entered: 01/27/2012)

Jan. 27, 2012

Jan. 27, 2012

141

INDEX in support of Response, 140 by Attorney Linda L. Willard on behalf of Defendants Charles Black, Fred Britten, Terence B. Campbell, Harold W. Clarke, John T. Eggers, Gary Grammer, Frank Gunter, Charles Hohenstein, Mario Peart, John P. Shaw. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Willard, Linda) (Entered: 01/27/2012)

Jan. 27, 2012

Jan. 27, 2012

142

Certificate of Serving Supplemental Answers to Discovery by Attorney Michael J. Wilson on behalf of Interested Parties Jorge A. Galindo, John L. Lotter, Eric F. Vela, Plaintiffs Steven Harper, Peter Hochstein, Charles J. Palmer, John Rust.(Wilson, Michael) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

145

MEMORANDUM OF HEARING BY TELEPHONE - The exhibits now received in evidence show no inappropriate misuse of the mails at the Tecumseh State Correctional Institution (TSCI) with respect to the plaintiffs or any of them since the issuance of the J anuary 12, 2012, clarification document by Director Bob Houston. In light of that it appears that I best can hold in abeyance the Motion for Protective Order, ECF No. 134 . Depending upon the activity or lack of activity regarding the mail handling, the motion should be ready for resolution by April 1, 2012, or be declared moot. Ordered by Senior Judge Warren K. Urbom. (AOA)

Feb. 1, 2012

Feb. 1, 2012

RECAP
143

TEXT MINUTE ENTRY for telephone conference held on 02/01/12 with Senior District Judge Warren K. Urbom and counsel Linda Willard and Michael Wilson; the court takes judicial notice of filings 136 and 141; no audio recording was made of the telephone conference; Time Start: 1:57 PM; Time Stop: 2:23 PM; Time in Court: 26 Minutes. (BMH) Modified on 2/7/2012 to reference filings and no audio recording(BMH). (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

144

Certificate of Serving Supplemental Answers to Discovery by Attorney Michael J. Wilson on behalf of Interested Parties Jorge A. Galindo, John L. Lotter, Eric F. Vela, Plaintiffs Steven Harper, Peter Hochstein, Charles J. Palmer, John Rust.(Wilson, Michael) (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

146

INDEX of Exhibits in Support of Defendant's Motion to Terminate Consent Decree 97 by Attorney Linda L. Willard on behalf of Defendant Fred Britten. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Willard, Linda) Modified on 2/29/2012. (TEL) (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

147

BRIEF in support of MOTION to Dismiss MOTION TO TERMINATE CONSENT DECREE AND DISMISS CASE 97 by Attorney Linda L. Willard on behalf of Defendant Fred Britten.(Willard, Linda) (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

148

MOTION Terminate Consent Degree and Close Case regarding Brief 147 by Attorney Linda L. Willard on behalf of Defendant Fred Britten.(Willard, Linda) (Entered: 03/01/2012)

March 1, 2012

March 1, 2012

149

RESPONSE regarding MOTION Terminate Consent Degree and Close Case regarding Brief 147 148 by Attorney Michael J. Wilson on behalf of Interested Parties Jorge A. Galindo, John L. Lotter, Eric F. Vela, Plaintiffs Steven Harper, Peter Hochstein, Charles J. Palmer, John Rust.(Wilson, Michael) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

150

Certificate regarding MOTION Terminate Consent Degree and Close Case regarding Brief 147 148 , MOTION to Dismiss MOTION TO TERMINATE CONSENT DECREE AND DISMISS CASE 97 Amended Certificate of Service by Attorney Michael J. Wilson on behalf of Interested Parties Jorge A. Galindo, John L. Lotter, Eric F. Vela, Plaintiffs Steven Harper, Peter Hochstein, Charles J. Palmer, John Rust.(Wilson, Michael) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

151

INDEX in support of Brief in Opposition to State's Motion to Terminate Consent Decree and Dismiss Case by Attorney Michael J. Wilson on behalf of Interested Parties Jorge A. Galindo, John L. Lotter, Eric F. Vela, Plaintiffs Steven Harper, Peter Hochstein, Charles J. Palmer, John Rust. (Attachments: # 1 Exhibit Affidavit of Carey Dean Moore, # 2 Exhibit Affidavit of Marco Torres, # 3 Exhibit Affidavit of Eric Vela, # 4 Exhibit Affidavit of Michael Ryan, # 5 Exhibit Affidavit of Jeffrey Hessler, # 6 Exhibit Affidavit of John Lotter, # 7 Exhibit Affidavit of Arthur Gales, # 8 Exhibit Affidavit of Raymond Mata, # 9 Exhibit Affidavit of Roy Ellis, # 10 Exhibit Affidavit of Jorge Galindo, # 11 Exhibit OM 116.01.02−Inmate Rights−Inmate Law Program, # 12 Exhibit Notice Westlaw to LexisNexis−June 17, 2011, # 13 Exhibit Saw Shaw Deposition, # 14 Exhibit OM 116.01.04−Inmate Rights−Photocopying Services, # 15 Exhibit Paddi Hughes Deposition, # 16 Exhibit Inmate Grievance Forms Re: Typewriter, # 17 Exhibit OM 107.01.01− Library Services, # 18 Exhibit Defendants' Answers to Plaintiffs' First Set of Interrogatories, # 19 Exhibit OM 207.03.03−Recreation Programs, # 20 Exhibit Michele Hillman Deposition, # 21 Exhibit Luke Morris Deposition, # 22 Exhibit Jamie Sahs Deposition, # 23 Exhibit Scott Busboom Deposition)(Wilson, Michael) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

152

MOTION for Leave to File a Reply Brief in Support of Defendants' Motion to Terminate Consent Decree by Attorney Linda L. Willard on behalf of Defendants Charles Black, Fred Britten, Terence B. Campbell, Harold W. Clarke, John T. Eggers, Gary Grammer, Frank Gunter, Charles Hohenstein, Mario Peart, John P. Shaw.(Willard, Linda) (Entered: 03/22/2012)

March 22, 2012

March 22, 2012

153

REPLY BRIEF in support of MOTION Terminate Consent Degree and Close Case regarding Brief 147 148 by Attorney Linda L. Willard on behalf of Defendants Charles Black, Fred Britten, Terence B. Campbell, Harold W. Clarke, John T. Eggers, Gary Grammer, Frank Gunter, Charles Hohenstein, Mario Peart, John P. Shaw.(Willard, Linda) (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

154

INDEX in support of Reply Brief, 153 by Attorney Linda L. Willard on behalf of Defendants Charles Black, Fred Britten, Terence B. Campbell, Harold W. Clarke, John T. Eggers, Gary Grammer, Frank Gunter, Charles Hohenstein, Mario Peart, John P. Shaw. (Attachments: # 1 Exhibit 24, # 2 Exhibit 25)(Willard, Linda) (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

155

TEXT ORDER − The pretrial conference set for 4/26/2012 at 9:00 a.m. in the Chambers of Magistrate Judge Zwart is continued until further notice of the Court. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS) (Entered: 04/09/2012)

April 9, 2012

April 9, 2012

156

MEMORANDUM AND ORDER ON DEATH ROW INMATES' MOTION FOR PROTECTIVE ORDER 134 - The death row inmates' motion for a protective order is denied without prejudice. Ordered by Senior Judge Warren K. Urbom. (TEL)

May 2, 2012

May 2, 2012

RECAP
157

MEMORANDUM AND ORDER ON DEFENDANTS' MOTION FOR LEAVE TO FILE A REPLY BRIEF 152 - Defendants' motion for leave to file a reply brief, is granted, and the defendants' brief 153 and index of evidence 154 will be considered in connection with Britten's motion to terminate the consent decree. Ordered by Senior Judge Warren K. Urbom. (TEL)

May 2, 2012

May 2, 2012

RECAP
158

MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO TERMINATE THE CONSENT DECREE 148 − Britten's motion to terminate the consent decree is granted, and the consent decree entered on August 22, 1986, Filing No. 85, is terminated. Britten's previously−filed motion to terminate the consent decree 97 is denied as moot. Ordered by Senior Judge Warren K. Urbom. (TEL) (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

159

JUDGMENT pursuant to Memorandum and Order 158 − Judgment is entered in favor of the defendants, and the consent decree entered on August 22, 1986, Filing No. 85, is terminated. Ordered by Senior Judge Warren K. Urbom. (TEL) (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

160

MOTION for Reimbursement from Federal Practice Fund by Attorney Michael J. Wilson on behalf of Interested Parties Jorge A. Galindo, John L. Lotter, Eric F. Vela, Plaintiffs Steven Harper, Peter Hochstein, Charles J. Palmer, John Rust.(Wilson, Michael) (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

161

INDEX in support of MOTION for Reimbursement from Federal Practice Fund 160 by Attorney Michael J. Wilson on behalf of Interested Parties Jorge A. Galindo, John L. Lotter, Eric F. Vela, Plaintiffs Steven Harper, Peter Hochstein, Charles J. Palmer, John Rust. (Attachments: # 1 Exhibit Thomas &Thomas Invoice, # 2 Exhibit General Reporting Services Invoice, # 3 Exhibit State of Nebraska Invoice, # 4 Exhibit Legal Imaging Solutions Invoice, # 5 Affidavit Affidavit of Counsel in Support of Motion for Reimbursement)(Wilson, Michael) (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

162

ORDER - The Motion for Reimbursement from the Federal Practice Fund (Filing No. 160 ) filed by Plaintiff's counsel is granted, in part, as follows: Total expenses are ordered reimbursed in the amount of $779.80. Ordered by Chief Judge Laurie Smith Camp. (E-mailed to PAW as directed) (TEL)

Aug. 21, 2012

Aug. 21, 2012

RECAP
163

MEMORANDUM AND ORDER ON MOTION FOR ATTORNEY'S FEES FROM THE FEDERAL PRACTICE FUND - IT IS ORDERED that filings shall be made as follows: 1. Motion for Attorney's Fees from the Federal Practice Fund; 2. Index of Evidence in Support of Motion for Attorneys Fees from the Federal Practice Fund; 3. Counsels Affidavit in Support of Motion for Attorney's Fees from the Federal Practice Fund; and 4. the Motion for Attorney's Fees from the Federal Practice Fund, as well as the Counsel's Affidavit in Support of Motion for Attorney's Fees from the Federal Practice Fund, is referred to Chief Judge Laurie Smith Camp. Ordered by Senior Judge Warren K. Urbom. (TCL )

Feb. 6, 2013

Feb. 6, 2013

RECAP
164

MOTION for Attorney Fees From the Federal Practice Fund by Attorney Michael J. Wilson on behalf of Interested Parties Jorge A. Galindo, John L. Lotter, Eric F. Vela, Plaintiffs Steven Harper, Peter Hochstein, Charles J. Palmer, John Rust.(TCL ) (Entered: 02/06/2013)

Feb. 6, 2013

Feb. 6, 2013

165

INDEX OF EVIDENCE in Support of MOTION for Attorney Fees From the Federal Practice Fund 164 by Attorney Michael J. Wilson on behalf of Interested Parties Jorge A. Galindo, John L. Lotter, Eric F. Vela, Plaintiffs Steven Harper, Peter Hochstein, Charles J. Palmer, John Rust.(TCL ) (Entered: 02/06/2013)

Feb. 6, 2013

Feb. 6, 2013

166

COUNSEL'S AFFIDAVIT In Support of MOTION for Attorney's Fees From Federal Practice Fund 164 by Attorney Michael J. Wilson on behalf of Interested Parties Jorge A. Galindo, John L. Lotter, Eric F. Vela, Plaintiffs Steven Harper, Peter Hochstein, Charles J. Palmer, John Rust.(TCL ) (Entered: 02/06/2013)

Feb. 6, 2013

Feb. 6, 2013

167

ORDER - IT IS ORDERED: 1. The Motion for Attorney's Fees from the Federal Practice Fund (Filing No. 164 ) filed by Plaintiff's counsel, Michael J. Wilson, is granted in part, as follows: Michael J. Wilson is awarded from the Federal Prac tice Fund a fee totaling $6,000.00 for his service in this case; and 2. A copy of this Order shall be provided to Pat Williamson of the Clerk's Office so that he may make arrangements for payment from the Federal Practice Fund, and appropriate bookkeeping entries. Ordered by Chief Judge Laurie Smith Camp. (E-mailed to Pat Williamson)(TCL )

Feb. 11, 2013

Feb. 11, 2013

RECAP

Case Details

State / Territory: Nebraska

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 24, 1984

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

death row inmates at the Nebraska State Penitentiary

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Nebraska State Penitentiary (Lincoln), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Free Exercise Clause

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1986 - None

Issues

General:

Access to lawyers or judicial system

Phone

Recreation / Exercise

Jails, Prisons, Detention Centers, and Other Institutions:

Law library access

Library (non-law) access

Visiting

Type of Facility:

Government-run