Case: Chandler v. Koon

3:87-00235 | U.S. District Court for the District of Nevada

Filed Date: May 12, 1987

Clearinghouse coding complete

Case Summary

On 5/12/1987, Michael Chandler, an inmate in the Nevada State Prison, filed a Section 1983 lawsuit in the District of Nevada, pro se, against officials of the Nevada Department of Prisons. Plaintiff alleged that his federal constitutional rights had been violated by a digital anal cavity search performed on him without reasonable suspicion. At some point an attorney was appointed by the court.The October 1989 trial resulted in a mistrial; a retrial was scheduled for January 1990. Following a…

On 5/12/1987, Michael Chandler, an inmate in the Nevada State Prison, filed a Section 1983 lawsuit in the District of Nevada, pro se, against officials of the Nevada Department of Prisons. Plaintiff alleged that his federal constitutional rights had been violated by a digital anal cavity search performed on him without reasonable suspicion. At some point an attorney was appointed by the court.

The October 1989 trial resulted in a mistrial; a retrial was scheduled for January 1990. Following a three day trial, the jury found in favor of three of the four defendants; Jackson, Benzler and Butler. However, the jury found in favor of the plaintiff against Steve Koon, the associate warden at the Nevada State Prison. The jury awarded $1,000.00 in compensatory damages and $40,000.00 in exemplary damages. Defendant Koon appealed.

The Court of Appeals affirmed the awards of compensatory and punitive damages against appellant Koon, but vacated and remanded for the entry of a new award for attorney's fees and costs. Chandler v. Koon, 1993 WL 230278 (9th Cir. 1993). Following the District Court trial, a magistrate judge had limited the award for attorney's fees and costs to $6,552.00.

Litigation continued until July 1994 when the court ordered judgment in favor of the plaintiff and awarded attorney's fees and costs in the amount of $63,179.08.

Summary Authors

Eoghan Keenan (6/10/2005)

People


Judge(s)

Fletcher, Betty Binns (Washington)

Nelson, Dorothy Wright (California)

Wilson, Stephen Victor (California)

Attorney for Plaintiff

Evans, Donald Y. (Nevada)

Attorney for Defendant

Hilsabeck, Charles (Nevada)

Judge(s)

Fletcher, Betty Binns (Washington)

Nelson, Dorothy Wright (California)

Wilson, Stephen Victor (California)

Attorney for Plaintiff

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Documents in the Clearinghouse

Document

3:87-00235

Court Docket

Feb. 12, 1996

Feb. 12, 1996

Docket

90-16283

90-16285

Memorandum

U.S. Court of Appeals for the Ninth Circuit

June 29, 1993

June 29, 1993

Order/Opinion

996 F.2d 996

Docket

Last updated Feb. 14, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
13

AMENDED COMPLAINT fid obo P. nes.

Feb. 9, 1983

Feb. 9, 1983

MOTION for ext of time obo P re disc. nes.

May 27, 1987

May 27, 1987

AMENDED SCHEDULING ORDER: (ECR) ORD disc c/o 10-23-87; mtns due 12-22-87. Cps Dist 8-27-87. (AT) nes.

May 27, 1987

May 27, 1987

SUMMONS w/USM retn: Srvd all Ds by srvng Sharon Montgomery on 5-29- 87. vf.

June 8, 1987

June 8, 1987

/ ANSWER obo Ds. (m 6/16/87) cl.

June 17, 1987

June 17, 1987

SCHEDULING ORDER: (ECR) ORD that purs to 16b disc c/o!2-23-87; mtns due 2-23-88. Cps dist 6-24-87. (AT) vf.

June 23, 1987

June 23, 1987

9

SECOND AMENDED SCHEDULING ORDER:(ECR) ORD disc s/o 12-22-87 mtns due 2-22-88. Cps dist 10-29-87 (AT) nes.

Oct. 29, 1987

Oct. 29, 1987

14

ANSWER to amend complnt fid obo Ds & demand for J/T (m) nes.

Feb. 22, 1988

Feb. 22, 1988

12

ilNUTE ORDER: (SCR) ORD P's mtn for lv to file amend complnt GRANTED Cps dist nes.

March 8, 1988

March 8, 1988

for lv to file amend complt obo P w/PSAs. (m 5/26/88) (SS) DOCKETING CONTD ON PAGE 3

May 27, 1988

May 27, 1988

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May 31, 1988

May 31, 1988

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June 8, 1988

June 8, 1988

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July 15, 1988

July 15, 1988

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Sept. 14, 1988

Sept. 14, 1988

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April 3, 1989

April 3, 1989

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April 14, 1989

April 14, 1989

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April 21, 1989

April 21, 1989

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April 27, 1989

April 27, 1989

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May 1, 1989

May 1, 1989

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May 2, 1989

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May 8, 1989

May 8, 1989

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May 9, 1989

May 9, 1989

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June 13, 1989

June 13, 1989

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June 16, 1989

June 16, 1989

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June 19, 1989

June 19, 1989

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July 3, 1989

July 3, 1989

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July 11, 1989

July 11, 1989

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April 4, 1990

April 4, 1990

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April 24, 1990

April 24, 1990

166

REPLY in supprt of mtn for awad of atty's fees on appeal (#151) obo P. (m) (AT) bh.

Oct. 25, 1993

Oct. 25, 1993

167

OPPOSITION to mtn to strke Ds' mtn for enlrgmnt of ti (#161) obo (AT) bh.

Oct. 27, 1993

Oct. 27, 1993

SUBD TO PHA: Item #162 & 165. (AT) bh. 9l[jOTICE to t he C rt re P 's mtn to s t r ke Ds 1 p l e a d i n gs re a t t y 's fees (#162) obo P. (m) (AT) b h. REPLY in supprt of mtn for reinstatemnt of atty's fees earned @ trial (# 151) & mtn for int (#151) obo P. (m) (AT) bh. MOTION/ORDER: (PHA) ORD tht the P shl hv to & incldng 11/19/93, in wh to file their oppo to Ds' application for fees on Cps. dist. 11/23/93. (AT) bh.

Nov. 19, 1993

Nov. 19, 1993

SUB TO PHA: Items #151, 158, 170. (AT) bh.

Nov. 23, 1993

Nov. 23, 1993

/MOTION to quash subpna /MOTION for protect ord obo P. (m). (AT) jm.

Nov. 24, 1993

Nov. 24, 1993

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May 11, 1994

May 11, 1994

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June 14, 1994

June 14, 1994

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June 23, 1994

June 23, 1994

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July 8, 1994

July 8, 1994

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July 11, 1994

July 11, 1994

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July 13, 1994

July 13, 1994

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July 15, 1994

July 15, 1994

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July 19, 1994

July 19, 1994

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Sept. 16, 1994

Sept. 16, 1994

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Feb. 12, 1996

Feb. 12, 1996

2

COMPLAINT. CRC. JS-5. (SS) crc. ^MOTION for lv to proceed in P/P obo P. crc. MINUTE ORDER (PHA): ORD Item #2 grtd & Clrk shal file complt & issu summs dir to USM for srvc; that P hv 20 days to furn USM w/285 forms; that P shall srv upon D, or if appear by cnsl, upon atty, cpy of every fur pleadings, etc. P shall include w/orig paper a cert which states date true & correct cpy of any doc was mid to D or cnsl for D. Any paper rec'd by dist judge or mag which fails to include cert of srvc will be disreg by Crt. Cps dist 2/18/87. crc. SUMMONS issd to USM. crc.

May 12, 2008

May 12, 2008

15

PRETRIAL NOTICE ORDER: (ECR) ORD prop PTO due 6/3/88. Cps Dist nes.

April 20, 2038

April 20, 2038

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Sept. 2, 2038

Sept. 2, 2038

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Filing

Termination Change

CHANDLER STEVEN KOON, et al DOCKET NO. . PAGE2 OF_ .PAGES

PROCEEDINGS

SUB TO ECR: Mtn obo P for ext of ti of all time limits established by sched ord (item #6) crc.

FOR EXTENSION ti to cmplt disc, (m) nes. (see #9)

10

NOTICE of appearance indicate Donald Evans cnsl obo v . (m) nes. MOTION for leave to f i le amended conrolnt obo ~° w/ B Ws (m) n e s.

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DOCKET NO. CHANDLER STEVE KOON, et a l ., PAGE .PAGES

PROCEEDINGS

SUBD TO PHA: Items #151, 158, 159, 166, 167. (AT) bh.

168

ORDER (CC) frm C/A dtd 10/5/93 ORD tht the Clrk shl proc Chandler's Bill/Costs (See Ord for Specs.) Cps. dist. by C/A. bh.

below #172.

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Case Details

State / Territory: Nevada

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 12, 1987

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate at the Nevada State Prison alleged that his federal constitutional rights had been violated by a digital anal cavity search performed on him without reasonable suspicion

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Nevada Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1994 - None

Issues

General:

Search policies

Strip search policy

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Type of Facility:

Government-run