In 1970, two black inmates at the Nebraska Penal and Corrections Complex filed a Section 1983 lawsuit, pro se, in the District of Nebraska against officials of the Nebraska Department of Corrections. Defendants maintained a separate cell house for white inmates who objected to living with black inmates. Plaintiffs alleged that the conditions in the whites only cell house were superior to those of the other racially integrated cell houses, denying them their civil rights as granted to them by the Constitution and federal statutes.

The District Court (Judge Warren K. Urbom) appointed private counsel to represent the plaintiffs and on February 10, 1971, trial was held. Judge Urbom held that segregation by race in state prison was constitutionally impermissible, but did not award relief because the case had not been certified as a class action. McClelland v. Sigler, 327 F. Supp. 829 (D. Neb. 1971). Judge Urbom ordered that the plaintiffs had ten days to amend the complaint so that the court could award complete relief among those already parties. Plaintiffs amended the complaint and relief was granted. Defendants appealed.

The 8th Circuit affirmed Judge Urbom's opinion holding that racial segregation could not be justified on the ground that it was needed to maintain order and that trouble would result if black inmates were housed with such white inmates. McClelland v. Sigler, 456 F.2d 1266 (8th Cir. 1972).

The docket for this case is not available on PACER, and therefore our information ends with the last reported opinion, dated March 22, 1972.

Eoghan Keenan - 06/10/2005


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