Case: Klinger v. Nebraska Department of Correctional Services

4:88-cv-00399 | U.S. District Court for the District of Nebraska

Filed Date: July 20, 1988

Closed Date: Feb. 25, 1997

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Case Summary

On July 20, 1988, women incarcerated at the Nebraska Center for Women (NCW) filed a grievance with the prison's superintendent alleging that they received unequal treatment in the programs and services as compared to men incarcerated at various other prisons around Nebraska. Specifically, the plaintiffs claims revolved around access to courts, visitation opportunities, recreation time, education and vocational training, pay, library facilities, mental health programs, and general health care. When the superintendent failed to adequately address the women's concerns, they filed a pro se class action lawsuit in the U.S. District Court for the District of Nebraska. After counsel was appointed to represent the women, they filed an amended complaint and a motion for class certification. The proposed class consisted of "all female prisoners confined at [NCW] as of January 1, 1988, and all female prisoners who will be confined at NCW until the conclusion of this lawsuit.”

In April 1989, Judge Warren K. Urbom certified the class. The plaintiffs filed a second and third amended complaint in June 1989 and September 1990, respectively. On January 29, 1991, Judge Urbom granted the defendants' motion for summary judgment on some Eighth Amendment claims, and also found that claims against defendants in their official capacities were barred by the Eleventh Amendment. Four claims remained after Judge Urbom's order:

An Equal Protection claim under 42 U.S.C. § 1983 alleging that the defendants did not maintain "parity" in the programs and services at female prisons as compared to male prisons.

A claim alleging that the defendants violated Title IX of the Education Amendments of 1972 by failing to provide equal programs and services as compared to male prisons.

A Fourteenth Amendment due process claim 42 U.S.C. § 1983 alleging that the defendants infringed upon the plaintiffs' right of access to courts by providing inadequate legal assistance.

An Eighth Amendment claim 42 U.S.C. § 1983 alleging deliberate indifference to serious medical and dental needs.

The remaining claims proceeded to trial. The defendants' liability was bifurcated from their damages; the liability aspects proceeded to a 19-day trial held in July and August of 1992. On June 21, 1993, Judge Richard Kopf issued an opinion. 824 F. Supp. 1374. He ruled that the plaintiffs succeeded in proving an Equal Protection violation with regards to the defendants administration of employment opportunities, education and vocational programs, law library access, medical and dental care, mental health care, and recreation options. The only Equal Protection claim that failed was alleged unequal visitation practices. Judge Kopf also ruled that the plaintiffs succeeded on their Title IX claims with regards to educational programs, and their Fourteenth Amendment due process claim with regards to law library access. However, Judge Kopf found in favor of the defendants on the Eighth Amendment medical care claims after determining that the defendants did not have the requisite culpable state of mind.

The defendants filed an interlocutory appeal arguing that the district court incorrectly applied the law with regards to the Equal Protection claims. On August 10, 1994, the Eighth Circuit reversed the district court's decision after finding that the female plaintiffs were not similarly situated to the male prisoners for the purposes of prison programs and services. 31 F.3d 72. The Eighth Circuit found that the complaint did not allege disparate funding between female and male prisons, so any discrepancy in programming was due to administrative decisions about how to utilize the allocated funds. The plaintiffs appealed the Eighth Circuit's decision to the U.S. Supreme Court, but the Court denied certiorari. 513 U.S. 1185.

After the Eighth Circuit issued their opinion with regards to the Equal Protection claims, the district court reversed its judgment on the Title IX claims, too. 887 F. Supp. 1281. Because the female and male facilities were not similarly situated for comparison in the Equal Protection context, they also could not form the basis of a Title IX claim, either.

On October 13, 1995, after holding a second trial to determine damages on the sole remaining claim of inadequate access to the law library, Judge Kopf awarded the plaintiffs $2.00 in nominal damages. 902 F. Sup. 1036. Judge Kopf found that the defendants did not act recklessly or with callous indifference toward the plaintiffs, and therefore declined to award punitive damages. Two months later, Judge Kopf found that the plaintiffs' counsel asked for reasonable attorneys' fees and awarded $40,642.44. 909 F. Supp. 1239.

The defendants appealed the district court's damages ruling to the Eighth Circuit. On February 25, 1997, the Eighth Circuit reversed the district court's finding on the access to to courts claim and vacated the award of nominal damages and attorneys' fees. 107 F.3d 609. The Eight Circuit found that the plaintiffs failed to show an actual injury, thereby precluding their ability to succeed on an access-to-courts claim. As the appeals court reversed the district court's finding with respect to this final claim, the last of the plaintiffs' surviving claims was denied. As such, because the plaintiffs last claims were similarly extinguished, the case ended.

Summary Authors

Justin Hill (1/17/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5702046/parties/klinger-v-dept-of-corrections/

Judge(s)

Arnold, Morris Sheppard (Arkansas)

Attorney for Plaintiff

Attorney for Defendant

Camp, Laurie Smith (Nebraska)

Expert/Monitor/Master/Other

Amestoy, Jeffrey L.

Barnett, Mark W.

Brake, Deborah

Judge(s)

Arnold, Morris Sheppard (Arkansas)

Kopf, Richard George (Nebraska)

Magill, Frank J. (North Dakota)

McMillian, Theodore (Missouri)

Wollman, Roger Leland (South Dakota)

Attorney for Plaintiff

Finn, Stacy

Grimit, Robert T. (Nebraska)

Klinger, Cheryl

Lange, Linda

Lay, Gweniver

Perry, Gail S. (Nebraska)

Attorney for Defendant

Camp, Laurie Smith (Nebraska)

Chapman, Elaine A. (Nebraska)

Other

General, Jefferson B.

Greenberger, Marcia D.

Heitkamp, Heidi

Ieyoub, Richard

Lane-Weber, Stephanie

Lungren, Daniel E.

McAdams, James R. (Missouri)

Nielsen, Brooke A.

Nixon, Jeremiah (Jay) W. (Missouri)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

4:88-cv-00399	Docket Klinger v. Dept of Corrections	Feb. 24, 2009	Feb. 24, 2009 Docket
670 4:88-cv-00399	Opinion	June 21, 1993	June 21, 1993 Order/Opinion 824 F.Supp. 1374
93-02928	Opinion Klinger v. Department of Corrections U.S. Court of Appeals for the Eighth Circuit	Aug. 10, 1994	Aug. 10, 1994 Order/Opinion 31 F.3d 727
0:94-07589	Opinion Klinger v. Nebraska Department of Corrections Supreme Court of the United States	Feb. 21, 1995	Feb. 21, 1995 Order/Opinion 513 U.S. 1185
707 4:88-cv-00399	Memorandum and Order	May 23, 1995	May 23, 1995 Order/Opinion 887 F.Supp. 1281
720 4:88-cv-00399	Opinion	Oct. 13, 1995	Oct. 13, 1995 Order/Opinion 902 F.Supp. 1036
726 4:88-cv-00399	Opinion	Dec. 15, 1995	Dec. 15, 1995 Order/Opinion 909 F.Supp. 1329
816708 96-01241 96-01243	Opinion Klinger v. Department of Corrections U.S. Court of Appeals for the Eighth Circuit	Feb. 25, 1997	Feb. 25, 1997 Order/Opinion 107 F.3d 609

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5702046/klinger-v-dept-of-corrections/

Last updated April 9, 2025, 1:56 p.m.

Change selected docket

ECF Number	Date	Description	Link
2	July 20, 1988	COMPLAINT: with request for appointment of counsel and statement in support of req to proceed ifp of P Lange, with attachments (CCB) (Entered: 01/25/1992)	PACER
12	Jan. 9, 1989	AMENDED COMPLAINT [2−1] by plaintiffs (class action) (CCB) (Entered: 01/25/1992)	PACER
14	Jan. 10, 1989	MOTION by plaintiffs to certify class action (CCB) (Entered: 01/25/1992)	PACER
19	Feb. 22, 1989	ORDER by Judge Warren K. Urbom granting motion to certify class action [14−1] & shall consist of all females at NCW up until conclusion of lawsuit and cnsl is extended to include representation of certified class − CCAP (CCB) (Entered: 01/25/1992)	PACER
31	June 15, 1989	SECOND AMENDED COMPLAINT [12−1] by plaintiffs (CCB) (Entered: 01/25/1992)	PACER
49	Aug. 7, 1989	ANSWER to second amended complaint by defendants (CCB) (Entered: 01/25/1992)	PACER
79	Dec. 18, 1989	MOTION by defendants for protective order and request for & notice of expedited hrg w/attachm includ afdvt of Yvonne E. Gates (KMG) (Entered: 06/17/1992)	PACER
80	Dec. 18, 1989	MOTION by plaintiffs to compel & for hrg w/attachm (KMG) (Entered: 06/17/1992)	PACER
87	Dec. 19, 1989	MEMORANDUM & ORDER by Magistrate David L. Piester granting & denying in part the motion for protective order and request for & notice of expedited hrg [79−1]; granting & denying in part the motion to compel & for hrg [80−1] − CCAP (KMG) Modified on 06/17/1992 (Entered: 06/17/1992)	PACER
97	Jan. 9, 1990	MOTION by defendants for summary judgment w/afdvts of Mary R. Norquest, Larry Tewes & Twila Jones & depos of Cheryl Klinger, Linda Lange, Stacy Finn & Gweniver Lay attached (KMG) (Entered: 06/17/1992)	PACER
145	March 2, 1990	ORDER by Magistrate Richard G. Kopf ; settlement conference set for 4:00 3/9/90 − CCAP (CCB) Modified on 01/31/1992 (Entered: 01/25/1992)	PACER
161	March 14, 1990	MOTION by defendants to suppress & request for expedited hrg (KMG) (Entered: 06/17/1992)	PACER
171	March 21, 1990	MEMORANDUM & ORDER by Magistrate David L. Piester denying motion to suppress & request for expedited hrg [161−1] − CCAP (KMG) (Entered: 06/17/1992)	PACER
184	March 30, 1990	ORDER by Magistrate David L. Piester amending Crt's Order of 3/9/90 and denying motion to clarify [163−1] & denying motion to stay [163−2] as moot − CCAP (KMG) (Entered: 06/17/1992)	PACER
199	April 24, 1990	MEMO & ORDER by Magistrate David L. Piester denying as moot the motion for protective order (#166); granting in part the motion for addl time to resp to disc reqs (#168) & motion for authoriz to incur expenses up to $250.00 (#188) & granting Ps' req for lv to submit in camera showing & shall be saled & filed & forwarded to Chief Judge; Ds' motion for lv to take inmates' depos (#194) is granted − CCAP (KMG) (Entered: 06/17/1992)	PACER
208	May 9, 1990	MOTION by plaintiffs for leave to file 3rd amended complaint w/cc attached (KMG) (Entered: 06/17/1992)	PACER
225	May 24, 1990	MEMO & ORDER by Magistrate David L. Piester denying motion for leave to file 3rd amended complaint [208−1] & req for expedited hrg on M to strike Ds' expert witns − cnsl called − CCAP (KMG) (Entered: 06/17/1992)	PACER
283	June 21, 1990	MEMO & ORDER by Magistrate David L. Piester granting in part Ps' M to depose certain inmate witns & otherwise denying (#258); granting in part Ps' M to inspect inmate files w/directions to cnsl (#259) − CCAP (KMG) (Entered: 06/17/1992)	PACER
294	July 6, 1990	PROGRESSION/SCHEDULING ORDER Magistrate David L. Piester ; pretrial conference set for 9:00 10/23/90 ; non−jury trial set for 9:00 11/26/90 for four weeks subj to any cirm case, etc. − CCAP (CCB) (Entered: 01/25/1992)	PACER
333	Sept. 6, 1990	THIRD AMENDED COMPLAINT [31−1] by plaintiffs (CCB) (Entered: 01/25/1992)	PACER
352	Sept. 27, 1990	MOTION by defendants for summary judgment on third amended complaint (KMG) (Entered: 06/17/1992)	PACER
353	Sept. 27, 1990	MOTION by defendants to dismiss (KMG) (Entered: 06/17/1992)	PACER
356	Oct. 1, 1990	MOTION by defendants to decertify class w/afdvt of Ronald D. Riethmuller (KMG) (Entered: 06/17/1992)	PACER
383	Oct. 18, 1990	MEMO & ORDER by Magistrate David L. Piester denying Ps' M to file amended M to compel (#377); on Crt's own M, parag. 1 of 6/15/90 O (#270) is reconsidered & Ps' M to strike (#224) is grntd in part & denied in part; Ps' awarded expenses including atty fees to be paid by Ds' cnsl, etc. − CCAP (KMG) (Entered: 06/17/1992)	PACER
409	Oct. 23, 1990	PRE−TRIAL ORDER by Magistrate David L. Piester : PTC held on 10/23/90, setting T 11/26/90 at 9:00 and setting brf sched & time for subm propos find of fact − Copy to counsel at time of Pretrial (CCB) (Entered: 01/25/1992)	PACER
435	Nov. 6, 1990	MEMO & ORDER by Judge Warren K. Urbom denying motion to decertify class [356−1] − CCAP (KMG) (Entered: 06/17/1992)	PACER
487	Jan. 29, 1991	JUDGMENT: by Judge Warren K. Urbom granting Ds' motion for summary judgment on third amended complaint [352−1]; denying Ds' motion to dismiss [353−1]; and granting & denying in part Ds' motion for summary judgment [97−1] − CCAP (KMG) (Entered: 06/17/1992)	PACER
495	Feb. 21, 1991	ANSWER by defendant Harold W. Clarke to third amd cmp (CCB) (Entered: 01/25/1992)	PACER
496	Feb. 21, 1991	ANSWER by defendant Victor Lofgreen to third amd cmp (CCB) (Entered: 01/25/1992)	PACER
497	Feb. 21, 1991	ANSWER by Frank O. Gunter to third amended complaint (CCB) (Entered: 01/25/1992)	PACER
498	Feb. 21, 1991	ANSWER by defendant Larry Wayne to third amended cmp (CCB) (Entered: 01/25/1992)	PACER
500	Feb. 21, 1991	ANSWER by defendant Margaret Wehland to third amended cmp. (CCB) (Entered: 01/25/1992)	PACER
501	Feb. 21, 1991	ANSWER by defendant Dept of Corrections to third amd cmp. (CCB) (Entered: 01/25/1992)	PACER
503	March 4, 1991	MOTION by plaintiffs to set mandatory settlement conference (KMG) (Entered: 06/17/1992)	PACER
506	March 12, 1991	ORDER by Magistrate David L. Piester granting M to reconsider & claify O (#490) & filing #488 is amended to add $3,531.00 in atty fees, payable to Ds' cnsl & denying M to allow & reopen disc & restrict time to resp to interrogs (#484) & to reopen disc, establishing deadlines & allowing amendment of O on PTC (#485) − CCAP (KMG) (Entered: 06/17/1992)	PACER
507	March 19, 1991	ORDER by Magistrate David L. Piester denying motion to set mandatory settlement conference [503−1] − CCAP (KMG) (Entered: 06/17/1992)	PACER
512	Jan. 28, 1992	MOTION by plaintiffs Cheryl Klinger, et al to reopen discovery , to amend pto , for scheduling conference , and for oral argument (ICMSUSER) Modified on 10/22/1992 (Entered: 01/30/1992)	PACER
513	March 9, 1992	ORDER by Magistrate David L. Piester granting in part motion to reopen discovery [512−1]; denying motion to amend pto [512−2]; granting motion for scheduling conference [512−3] , scheduling cnf set for 3/26/92 at 2:30 p.m. ; Trial is set to commence at 9:00 a.m on 7/27/92 for 4 weeks − CCAP on 3/10/92 (CCB) Modified on 04/20/1992 (Entered: 03/10/1992)	PACER
514	March 20, 1992	CERTIFICATE of service by defendant Larry Wayne of ans. to interrog. set 5 (ICMSUSER) (Entered: 03/23/1992)	PACER
515	March 30, 1992	CERTIFICATE by plaintiffs of serv of req for productn (8th set) (ICMSUSER) (Entered: 03/31/1992)	PACER
516	March 30, 1992	CERTIFICATE by plaintiff of service of interrog to dfs set #5 (ICMSUSER) (Entered: 03/31/1992)	PACER
517	March 31, 1992	ORDER by Magistrate David L. Piester purs to conf held w counsl 3−26−92 re parties plans for disc; conf w counsl & presiding tr judge set for 7−10−92 at 9:00 a.m. − CCAP (ICMSUSER) (Entered: 03/31/1992)	PACER
518	April 3, 1992	CERTIFICATE by defendants of serv of interrogs & req for productn, 2nd set (ICMSUSER) (Entered: 04/07/1992)	PACER
519	April 14, 1992	STIPULATION by parties for leave to inspect files , w attchmts (ICMSUSER) (Entered: 04/15/1992)	PACER
520	April 14, 1992	ORDER by Magistrate David L. Piester granting motion for leave to inspect files [519−1] − CCAP (4−15−92) (ICMSUSER) (Entered: 04/15/1992)	PACER
521	April 15, 1992	CERTIFICATE by plaintiffs of interrogs to dfs (6th set) and req for productn (9th set) (ICMSUSER) (Entered: 04/16/1992)	PACER
522	April 27, 1992	CERTIFICATE by defendants of service of req for productn (8th set) (ICMSUSER) (Entered: 04/28/1992)	PACER
523	April 30, 1992	STIPULATION re inspection of certain files, w attchmts (ICMSUSER) (Entered: 04/30/1992)	PACER
524	April 30, 1992	ORDER by Magistrate David L. Piester for leave to inspect files pursuant to stipulation #523 − CCAP (ICMSUSER) (Entered: 04/30/1992)	PACER
525	May 5, 1992	CERTIFICATE of service by plaintiff of objs and answers to Ds' interrogs (second set) and resp to req for produc (second set) (CCB) (Entered: 05/07/1992)	PACER
526	May 6, 1992	JOINT MOTION (Stipulation) by plaintiffs, defendants allowing inspection of files with attachments (CCB) (Entered: 05/07/1992)	PACER
528	May 11, 1992	STIPULATION that files concerning Penny Goings and Susan Vrtatko be made available for inspection by Gail Perry (CCB) (Entered: 05/11/1992)	PACER
529	May 11, 1992	ORDER by Magistrate David L. Piester granting stipulation making files re Penny Goings and Susan Vrtatko available for inspection by Gail Perry [528−1] − CCAP (CCB) (Entered: 05/11/1992)	PACER
530	May 11, 1992	MOTION by defendants to amend pretrial order and designation of expert witnesses with attachments (CCB) (Entered: 05/12/1992)	PACER
531	May 11, 1992	MOTION by plaintiffs to amend pretrial order with exhs attached (CCB) (Entered: 05/12/1992)	PACER
532	May 11, 1992	CERTIFICATE of service by defendants of suppl desig of expert testimony (CCB) (Entered: 05/12/1992)	PACER
533	May 11, 1992	CERTIFICATE of service by defendants of motion to amend pretrial order (CCB) (Entered: 05/12/1992)	PACER
534	May 11, 1992	CERTIFICATE of service by defendants of brief in support of mtn to amend pretiral order (CCB) (Entered: 05/12/1992)	PACER
535	May 11, 1992	MOTION (Stipulation) by plaintiffs, defendants allowing Ds to supplement and/or answer their resps to Ps' disc reqs, etc. [535−1] (CCB) (Entered: 05/12/1992)	PACER
536	May 13, 1992	ORDER by Magistrate David L. Piester granting motion allowing Ds to supplement and/or answer their resps to Ps' disc reqs, etc. [535−1] − CCAP (ICMSUSER) (Entered: 05/14/1992)	PACER
537	May 13, 1992	CERTIFICATE by defendants of serv of ans to interrogs (6th set) and req for productn (9th set) (ICMSUSER) (Entered: 05/14/1992)	PACER
538	May 14, 1992	AFFIDAVIT of Elaine A. Chapman in suppt of objn to pls' mot for lv to amd p t ord w attchmts (ICMSUSER) (Entered: 05/15/1992)	PACER
539	May 15, 1992	MOTION by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn to strike amdmts to PTO proposed in dfs' mot of 5/11/92 (ICMSUSER) (Entered: 05/18/1992)	PACER
540	May 18, 1992	SUPPLEMENTAL MOTION by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn to amend PT order w attchmts (ICMSUSER) (Entered: 05/19/1992)	PACER
541	May 18, 1992	MOTION by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn to strike dfs' suppl desig of expert testimony (ICMSUSER) (Entered: 05/19/1992)	PACER
542	May 20, 1992	CERTIFICATE of service by defendants of brief in opposition to Ps' mtn to strike suppl designation of expert testimony (CCB) (Entered: 05/21/1992)	PACER
543	May 21, 1992	MOTION by defendant Dept of Corrections, defendant Harold W. Clarke, defendant Larry Tewes, defendant Victor Lofgreen, defendant Larry Wayne, defendant Judith Danielsen, defendant Margaret Wehland to strike individuals identified in 1st suppl mot to amd PTO , w afdt of Elaine A. Chapman and attchmts in suppt (ICMSUSER) Modified on 05/22/1992 (Entered: 05/22/1992)	PACER
544	May 21, 1992	CERTIFICATE by defendant Dept of Corrections, defendant Harold W. Clarke, defendant Larry Tewes, defendant Victor Lofgreen, defendant Larry Wayne, defendant Judith Danielsen, defendant Margaret Wehland of serv of brf in suppt of mot to strike (ICMSUSER) (Entered: 05/22/1992)	PACER
545	May 21, 1992	CERTIFICATE by defendant Dept of Corrections, defendant Harold W. Clarke, defendant Larry Tewes, defendant Victor Lofgreen, defendant Larry Wayne, defendant Judith Danielsen, defendant Margaret Wehland of serv of brf in resp to pls' mot to strike (#539) (ICMSUSER) (Entered: 05/22/1992)	PACER
547	May 22, 1992	MOTION by defendant Dept of Corrections, defendant Harold W. Clarke, defendant Larry Tewes, defendant Victor Lofgreen, defendant Larry Wayne, defendant Judith Danielsen, defendant Margaret Wehland for leave to depose Lataunya Hunt, Scheryle Woodall, Cheryl Neely, Melayne Danekas, Pat Hurtado, Cathy Velasquez, Elizabeth Blank and Marie Ganote , w afdt of Elaine A. Chapman attch'd (ICMSUSER) (Entered: 05/26/1992)	PACER
548	May 26, 1992	NOTICE by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn of taking deposition of Deb Fitzgerald on 5/28/92 at 8:30 a.m. (ICMSUSER) (Entered: 05/27/1992)	PACER
549	May 26, 1992	CERTIFICATE by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn of ntc to take depo of Deb Fitzgerald (ICMSUSER) (Entered: 05/27/1992)	PACER
550	May 26, 1992	CERTIFICATE by defendant Dept of Corrections, defendant Harold W. Clarke, defendant Larry Tewes, defendant Victor Lofgreen, defendant Larry Wayne, defendant Judith Danielsen, defendant Margaret Wehland of ntcs to take depos of Lataunya Hunt, Scheryle Woodall and Cheryl Neely (ICMSUSER) (Entered: 05/27/1992)	PACER
551	May 27, 1992	NOTICE by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn and submsn of 2nd suppl amdmt to PTO (ICMSUSER) (Entered: 05/28/1992)	PACER
552	May 27, 1992	CERTIFICATE by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn of service of 2nd suppl amdmt to PTO (ICMSUSER) (Entered: 05/28/1992)	PACER
553	May 27, 1992	ORDER by Magistrate David L. Piester granting motion for leave to depose Lataunya Hunt, Scheryle Woodall, Cheryl Neely, Melayne Danekas, Pat Hurtado, Cathy Velasquez, Elizabeth Blank and Marie Ganote [547−1] at time and place agreeable to administration of penal facility wherein pla is housed − CCAP (5−28−92) (ICMSUSER) (Entered: 05/28/1992)	PACER
554	May 29, 1992	MOTION by defendant Dept of Corrections, defendant Harold W. Clarke, defendant Larry Tewes, defendant Victor Lofgreen, defendant Larry Wayne, defendant Judith Danielsen, defendant Margaret Wehland for leave to depose Carolyn Sandlin , w afdt of Elaine A. Chapman in suppt (ICMSUSER) (Entered: 06/02/1992)	PACER
555	May 29, 1992	CERTIFICATE by defendant Dept of Corrections, defendant Harold W. Clarke, defendant Larry Tewes, defendant Victor Lofgreen, defendant Larry Wayne, defendant Judith Danielsen, defendant Margaret Wehland of serv of notices to take depos of LaDonna Shippen, Melayne Danekas, Pat Hurtado, Cathy Velasquez, Elizabeth Blank, Mary Ganote and Carolyn Sandlin (ICMSUSER) (Entered: 06/02/1992)	PACER
556	May 29, 1992	MOTION by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn for authorization to incur expenses w attchmts (ICMSUSER) (Entered: 06/02/1992)	PACER
557	May 29, 1992	CERTIFICATE by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn of serv of pls' notice to take depo of Robert Whitson (ICMSUSER) (Entered: 06/02/1992)	PACER
558	May 29, 1992	CERTIFICATE by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn of serv of 3rd suppl amdmt to PTO (ICMSUSER) (Entered: 06/02/1992)	PACER
559	June 1, 1992	MOTION by Robert Whitson to quash or modify subpoena requiring him to produce documts on 6−4−92 (ICMSUSER) (Entered: 06/02/1992)	PACER
560	June 1, 1992	AFFIDAVIT of Elaine A. Chapman regarding motion to quash or modify subpoena requiring him to produce documts on 6−4−92 [559−1], w exh attch'd (ICMSUSER) Modified on 06/03/1992 (Entered: 06/02/1992)	PACER
562	June 1, 1992	THIRD SUPPLEMENTAL MOTION by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn to amend PTO attchmts (ICMSUSER) (Entered: 06/02/1992)	PACER
563	June 1, 1992	FOURTH SUPPLEMENTAL MOTION by plaintiff Cheryl Klinger, plaintiff Linda Lange, plaintiff Gweniver Lay, plaintiff Stacy Finn to amend PTO attchmts (ICMSUSER) (Entered: 06/02/1992)	PACER
564	June 3, 1992	ORDER by Magistrate David L. Piester granting motion for leave to depose Carolyn Sandlin [554−1] − CCAP (ICMSUSER) (Entered: 06/03/1992)	PACER
565	June 3, 1992	ORDER by Magistrate David L. Piester granting motion to quash or modify subpoena requiring him to produce documts on 6−4−92 [559−1] to certain extent−−that unless otherwise agreed by counsl the productn of documts sought by the subpoena duces tecum shall be delayed until 6−10−92 − CCAP (ICMSUSER) (Entered: 06/03/1992)	PACER
566	June 3, 1992	MEMORANDUM AND ORDER: by Magistrate David L. Piester granting in part motion to amend pretrial order [530−1] and addl lay wits and exhs listed in the mtn shall be considered a part of the PTO; granting motion to strike amdmts to PTO proposed in dfs' mot of 5/11/92 [539−1 ]; granting motion to strike dfs' suppl desig of expert testimony [541−1]; granting motion to amend pretrial order [531−1] and PTO shall be considered amd as set forth in attchmts to that mtn (plas shall by 7−1−92 designate certn disc matters); granting motion to amend PT order [540−1], and pls shall designate specifically by 7−1−92 those disc matters intended to be used at tr, etc; denying motion to strike individuals identified in 1st suppl mot to amd PTO [543−1]; granting plas' 2nd suppl mot to amd PTO [551−1]; and granting motion for authorization to incur expenses [556−1] in the amt of $4,335.68 to be pd fm Federal Practice Fund − CCAP (6−4−92) (ICMSUSER) Modified on 06/05/1992 (Entered: 06/04/1992)	PACER
567	June 8, 1992	MOTION by defendants to extend time to designate portions of depos (CCB) (Entered: 06/10/1992)	PACER
568	June 8, 1992	AFFIDAVIT of Elaine A. Chapman regarding motion to extend time to designate portions of depos [567−1] (CCB) (Entered: 06/10/1992)	PACER
569	June 8, 1992	OBJECTION (Statement of Appeal) by defendants to order of Mag. Judge David Piester entered on 6/3/92 insofar as the order grants the Ps' M to strike the Ds' suppl designation of expert testimony [566−1] (CCB) (Entered: 06/10/1992)	PACER
570	June 8, 1992	FIFTH SUPPLEMENTAL MOTION by plaintiff for leave to amend PT O with list of addl exhs atchd (CCB) (Entered: 06/10/1992)	PACER
571	June 8, 1992	CERTIFICATE of service by plaintiffs of notices to take depos of Dr. Suzanne Bohn and Larry Tewes and amd notice to take depo of Robert Whitson (CCB) (Entered: 06/10/1992)	PACER
572	June 12, 1992	ORDER by Magistrate David L. Piester granting Ps' third supplemental motion to amend PTO [562−1] granting Ps' fourth supplemental motion to amend PTO [563−1] granting Ps' fifth supplemental motion to amend PTO [570−1] − CCAP (CCB) (Entered: 06/12/1992)	PACER
573	June 12, 1992	ORDER by Magistrate David L. Piester granting motion to extend time to designate portions of depos [567−1] to 7/8/92 − CCAP (CCB) (Entered: 06/12/1992)	PACER
574	June 12, 1992	ORDER by Judge Warren K. Urbom referring case to chief judge for reassignment − CCAP 5/12/92 (CCB) (Entered: 06/15/1992)	PACER
575	June 15, 1992	CERTIFICATE of service by plaintiffs of supl answers to interrogs (2nd set) (CCB) (Entered: 06/15/1992)	PACER
576	June 15, 1992	CERTIFICATION by court reporter re depo of Larry Wayne (CCB) (Entered: 06/15/1992)	PACER
578	June 15, 1992	CERTIFICATION by court reporter re depo of Timothy G. Siemek (CCB) (Entered: 06/15/1992)	PACER
579	June 15, 1992	NOTICE by defendants of taking depositions of Lisa Wilson at 8:30 a.m., Christine Adams at 9:00 a.m., Kathy Anthony at l0:00 a.m., Kim Younger at l0:30 a.m., Liz Hipple at ll:00 a.m., Lisa Harrington at ll:30 a.m., Barb Kiethley at l:00 p.m., Mary Ollerich at l:30 p.m., Benita Williamson at 2:00 p.m., Susan Vrtatko at 2:30 p.m., Alice Garza at 3:00 p.m., and Penny Goings at 3:30 p.m., all on 6/18/92 (ICMSUSER) Modified on 06/16/1992 (Entered: 06/15/1992)	PACER

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Case Details

State / Territory:

Nebraska

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Title IX, Sexual Violence Investigations/Resolutions

Key Dates

Filing Date: July 20, 1988

Closing Date: Feb. 25, 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

"All female prisoners confined at Nebraska Center for Women in York, Nebraska as of January 1, 1988, and all female prisoners who will be confined at NCW until the conclusion of this lawsuit."

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Assistant Director and former Acting Superintendent Larry Tewes

Department of Corrections

Director Harold Clarke

Former Superintendent Victor Lofgreen

Medical Nurse Margaret Wehland

Psychologist Judith Danielsen

Superintendent Larry Wayne

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Equal Protection

Other Dockets:

District of Nebraska 4:88-cv-00399

U.S. Court of Appeals for the Eighth Circuit 93-02928

U.S. Court of Appeals for the Eighth Circuit 96-01241

U.S. Court of Appeals for the Eighth Circuit 96-01243

Supreme Court of the United States 94-7589

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Access to lawyers or judicial system

Conditions of confinement

Education

Totality of conditions

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

Jails, Prisons, Detention Centers, and Other Institutions:

Law library access

Recreation / Exercise

Visiting

Work release or work assignments

Medical/Mental Health Care:

Dental care

Medical care, general

Mental health care, general

Recommended Citation

Case Summary of Klinger v. Nebraska Department of Correctional Services, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/16087/ (last updated 1/17/2021).