Case: Clark v. Brewer

4:76-cv-80054 | U.S. District Court for the Southern District of Iowa

Filed Date: Feb. 12, 1976

Closed Date: June 14, 2000

Clearinghouse coding complete

Case Summary

On Feb. 12, 1976, an inmate at the Iowa State Penitentiary filed a lawsuit under 42 USC 1983 against prison officials in the U.S. District Court for the Southern District of Iowa, Central Division. The inmate, represented by the Prisoners Assistance Clinic, challenged the constitutional validity of the "close management policy" (the procedural method of determining whether a prisoner should remain in administrative solid lockup) adopted by the prison. The District Court (Judge William Stuart) …

The District Court (Judge William Stuart) held that the system for review of inmates in administrative solid lockup needed revision and ordered the prison to submit guidelines for determining in a rational manner whether an inmate should be retained in administrative solid lockup. But, as the parties neared agreement on the necessary revisions, the United States Supreme Court decided Herwitt v. Helms, 459 U.S. 450 (1983). The defendants, believing Herwitt changed the relevant law, reraised several issues in the District Court. The District Court held that close management inmates were entitled to frequent review hearings, that inmates were entitled to written notice of impending review hearings, and that inmates had a right to call witnesses at close management review hearings. Clark v. Brewer, 578 F.Supp. 1501 (S.D. Iowa 1983). The order was subsequently modified on February 14, 1984. Clark v. Nix, 578 F.Supp. 1515 (S.D. Iowa 1984).

The defendants appealed and the plaintiff cross appealed. The Court of Appeals for the Eighth Circuit (Judge George G. Fagg) affirmed in part and reversed in part. The U.S. Court of Appeals held that reclassification hearings did not need to be as frequent as the District Court's order required, that inmates would not presumptively be allowed to call witnesses for these hearings, and that inmates need not be informed of criteria that would guarantee their release from close management. Otherwise, the order was affirmed. Clark v. Brewer, 776 F.2d 226 (8th Cir. 1985).

The docket for this case begins when the case was reopened in September 1991, apparently on a contempt motion and a request for relief by the plaintiffs. At this point, several other inmates were allowed to intervene, though it does not appear that the court certified a class of plaintiffs. According to the docket, one plaintiff moved for a temporary restraining order and preliminary injunction on November 21, 1991, but the District Court (Judge Charles R. Wolle) denied the motions on December 23, 1991 and, oddly, again in March 1992. In October 1992, the plaintiffs moved for disbursement and were granted $603.75. On April 5, 1993, the District Court ordered the case to be closed as there were no remaining issues to be decided.

Nonetheless, according to the docket, the plaintiffs moved four years later, on December 23, 1997, for appointment of counsel and for an order to show cause why the parties were not in contempt of the prior order. On December 30, 1997, the court ordered respondents to show cause why they should not be held in contempt. Upon defendant's opposition to the motion for order to show cause, the District Court granted plaintiffs' motion for appointed counsel. However, the plaintiffs' request for relief was ultimately denied without prejudice. This is odd, but no addition information is available. Plaintiffs moved for reimbursement of out of pocket expenses and on June 14, 2000 were granted $163.10 and the case was administratively closed.

Summary Authors

Rebekah Henn Sullivan (8/11/2005)

People

Judge(s)

Arnold, Richard Sheppard (Arkansas)

Bowman, Pasco Middleton II (Missouri)

Fagg, George Gardner (Iowa)

Attorney for Plaintiff

Attorney for Defendant

Allen, Gordon E. (Iowa)

Getspudas, Mary (Iowa)

Judge(s)

Arnold, Richard Sheppard (Arkansas)

Bowman, Pasco Middleton II (Missouri)

Fagg, George Gardner (Iowa)

Stuart, William Corwin (Iowa)

Wolle, Charles Robert (Iowa)

Attorney for Plaintiff

Hunacek, Mark (Iowa)

Lipman, Jeffrey M (Iowa)

Mears, Philip B. (Iowa)

Attorney for Defendant

Allen, Gordon E. (Iowa)

Getspudas, Mary (Iowa)

Hulting, Patricia M (Iowa)

Lindebak, Layne M. (Iowa)

Miller, Thomas J. (Iowa)

Schwartz, Barbara A. (Iowa)

Documents in the Clearinghouse

Documents in this case

4:76-cv-80054	Docket (PACER)	June 14, 2005	June 14, 2005 Docket
4:76-cv-80054	Ruling and Order	Dec. 19, 1983	Dec. 19, 1983 Order/Opinion 578 F.Supp. 1501
4:76-cv-80054	Modification Order Clark v. Nix	Feb. 14, 1984	Feb. 14, 1984 Order/Opinion 578 F.Supp. 1515
84-01281 84-01354	Reported Opinion U.S. Court of Appeals for the Eighth Circuit	Oct. 30, 1985	Oct. 30, 1985 Order/Opinion 776 F.2d 226

show / hide documents

Docket

Last updated March 26, 2025, 8:34 a.m.

ECF Number	Date	Description	Link
	Sept. 29, 1987	-----------------VOLUME 5----------------------------- -----------------	PACER
243	Sept. 17, 1991	ORDER by Honorable Charles R. Wolle Case reopened , Case consolidated 4:76-cv-80054 with member cases 4:91-cv-80537 , ; final pretrial conf before Judge Wolle set for 9/27/91 @ 1:00pm (cc: all counsel) (gk) (Entered: 09/24/1991)	PACER
244	Sept. 20, 1991	ORDER by Honorable Charles R. Wolle pretrial conf. reset for 1:00pm 9/27/91 (cc: all counsel) (gk) (Entered: 09/24/1991)	PACER
245	Sept. 25, 1991	RESISTANCE TO APPOINT JAILHOUSE LAWYER by defendant (rh) (Entered: 09/25/1991)	PACER
246	Sept. 30, 1991	ORDER by Honorable Charles R. Wolle pretrial scheduling hearing held 9/27/91; motion for jailhouse lawyer Denied; Pla's Rankins and Davis are Granted Permission to Intervene; motion for appoint of Jeffrey Lipman as counsel Granted; The court will not enter further scheduling orders until Mr. Lipman has entered his appearance and has had and opportunity to acquaint himself with pla's claims. (cc: all counsel) (gk) (Entered: 10/01/1991)	PACER
247	Sept. 30, 1991	CLERK'S COURT MINUTES: courtroom clerk: Sandee Lyons, Law Clerk; court reporter: Kelli Mulcahy; (gk) (Entered: 10/01/1991)	PACER
248	Oct. 11, 1991	MOTION to intervene by Ronald A. Mehers before Honorable Charles R. Wolle (gk) (Entered: 10/11/1991)	PACER
249	Oct. 17, 1991	ORDER by Honorable Charles R. Wolle granting motion to intervene by Ronald A. Mehers before Honorable Charles R. Wolle [248-1] Ronald A. Mehers added as Plaintiff Seeking Relief (cc: all counsel) (gk) (Entered: 10/18/1991)	PACER
250	Oct. 18, 1991	MOTION to intervene by Steven Ray Wycoff before Honorable Charles R. Wolle (gk) (Entered: 10/18/1991)	PACER
251	Nov. 6, 1991	MOTION to intervene by Ruble, Brown, and Harper before Honorable Charles R. Wolle (gk) (Entered: 11/12/1991)	PACER
252	Nov. 15, 1991	ATTORNEY APPEARANCE for plaintiff Raymond McKettrick, plaintiff Donald Saffell, plaintiff Danny Rankins, plaintiff Tyrone Davis by Jeffrey M. Lipman (gk) (Entered: 11/21/1991)	PACER
253	Nov. 21, 1991	MOTION by plaintiff Steven Ray Wycoff for preliminary injunction before Honorable Charles R. Wolle (gk) (Entered: 11/21/1991)	PACER
254	Nov. 21, 1991	MOTION by plaintiff Steven Ray Wycoff for temporary restraining order before Honorable Charles R. Wolle (gk) (Entered: 11/21/1991)	PACER
255	Nov. 21, 1991	AFFIDAVIT of Steven Ray Wycoff regarding motion for preliminary injunction before Honorable Charles R. Wolle [253-1] (gk) (Entered: 11/21/1991)	PACER
257	Nov. 26, 1991	ORDER by Honorable Charles R. Wolle granting motion to intervene by Steven Ray Wycoff before Honorable Charles R. Wolle [250-1] appointment of J. Lipman as counsel (cc: all counsel) (gk) (Entered: 11/26/1991)	PACER
258	Dec. 2, 1991	STATUS REPORT by plaintiff (gk) (Entered: 12/09/1991)	PACER
259	Dec. 23, 1991	ORDER by Honorable Charles R. Wolle denying motion for temporary restraining order before Honorable Charles R. Wolle [254-1] denying motion for preliminary injunction before Honorable Charles R. Wolle [253-1] granting motion to intervene by Ruble, Brown, and Harper before Honorable Charles R. Wolle [251-1] adding intervenor-plaintiff Fred Ruble, Gary Brown, Session Harper (cc: all counsel) (rh) (Entered: 12/24/1991)	PACER
260	Dec. 30, 1991	SUPPLEMENT TO RESISTANCE TO PRELIMINARY INJUNCITON by defendant (rh) (Entered: 12/31/1991)	PACER
261	Dec. 31, 1991	RESISTANCE TO PRELIMINARY INJUNCTION by defendant (rh) (Entered: 01/03/1992)	PACER
262	Jan. 8, 1992	AFFIDAVIT of Tyrone Davis & Danny Rankins (gk) (Entered: 01/08/1992)	PACER
263	March 16, 1992	OBJECTIONS by plaintiff Steven Ray Wycoff to motion response [261- 1] (rh) (Entered: 03/16/1992)	PACER
264	March 18, 1992	OBJECTIONS by plaintiff to motion response [261-1] (rh) (Entered: 03/18/1992)	PACER
265	March 30, 1992	ORDER by Honorable Charles R. Wolle denying motion for temporary restraining order before Honorable Charles R. Wolle [254-1], denying motion for preliminary injunction before Honorable Charles R. Wolle [253-1] If Pla. desire to pursue request; they shall file amd. application for order to show cause by 4/27/92 ; Status report ddl 4/27/92 both parties (cc: all counsel) (rh) (Entered: 03/30/1992)	PACER
266	April 29, 1992	Joint STATUS REPORT by parties (lc) (Entered: 04/29/1992)	PACER
267	June 8, 1992	REPORT by plaintiff, intervenor-plaintiff, plaintiff (rh) (Entered: 06/08/1992)	PACER
268	July 17, 1992	STATUS REPORT by intervenor-plaintiff Ronald A Mahers (rh) (Entered: 07/17/1992)	PACER
269	July 28, 1992	ORDER by Chief Judge Charles R. Wolle ; Trial 9/25/92 @ 9:00 in Ft. Madison ; final pretrial conf 9/18/92 @ 8:00 by phone (cc: all counsel) (rh) (Entered: 07/28/1992)	PACER
270	Sept. 1, 1992	ORDER by Chief Judge Charles R. Wolle ; Trial continued FPT Conf. is same, with ct. placing call (cc: all counsel) (rh) (Entered: 09/01/1992)	PACER
271	Sept. 18, 1992	ORDER by Chief Judge Charles R. Wolle ; Status Conference held - Pls. shall file a separate 1983 action by 10/2/92; Further proceedings in this case will be terminated at that thime; Def. to ans. by 10/22/92; (see for other specifics) (cc: all counsel) (rh) (Entered: 09/18/1992)	PACER
272	Oct. 5, 1992	MOTION by plaintiff for disbursement before Magistrate Celeste F. Bremer (rh) (Entered: 10/05/1992)	PACER
273	Oct. 7, 1992	ORDER by Magistrate Celeste F. Bremer granting motion for disbursement, [272-1], Clk. to reimburse J. Lipman in the amt. of $603.75 from the Atty. Admiss. Fund. (cc: all counsel, finan. dep) (rh) (Entered: 10/07/1992)	PACER
	Oct. 9, 1992	------------------------------------------------- ------------VOLUME 6------------ ----------------- ------------------------------------------------- (rh) Modified on 10/09/1992 (Entered: 10/09/1992)	PACER
274	Dec. 16, 1992	ORDER by Chief Judge Charles R. Wolle ; Trial 12/28/92 @ 1:00 @ ISP (cc: all counsel) (rh) (Entered: 12/16/1992)	PACER
275	Jan. 28, 1993	MOTION by plaintiff to extend time for proposed findings of fact, etc.. before Magistrate Celeste F. Bremer (rh) (Entered: 01/28/1993)	PACER
276	Feb. 1, 1993	ORDER by Magistrate Celeste F. Bremer granting motion to extend time for proposed findings of fact, etc.. until 2/15/93 for plaintiffs. [275-1] (cc: all counsel) (rh) (Entered: 02/01/1993)	PACER
277	April 5, 1993	ORDER by Chief Judge Charles R. Wolle - per order entered 9/18/92, pla. filed separate cmp. (4:92-80890), therefore there remain no issues to be decided in this case. This case is closed effective from 12/21/92. terminating case 214-OJ-88 (cc: all counsel) (rh) Modified on 04/05/1993 (Entered: 04/05/1993)	PACER
278	Dec. 23, 1997	MOTION by plaintiffs for rule to show cause before Chief Judge Charles R. Wolle (dr) (Entered: 12/24/1997)	PACER
279	Dec. 23, 1997	MOTION by plaintiffs for appointment of counsel before Chief Judge Charles R. Wolle (dr) (Entered: 12/24/1997)	PACER
280	Dec. 30, 1997	ORDER by Chief Judge Charles R. Wolle denying motion for order to show cause [278-1]; as to movants' allegations that respondents are failing to follow Clark's requirements, motion is granted; on or before 1/30/98 respondents may file brief and other papers showing cause why they should not be held in contempt of court's order in Clark; court reserves ruling on movants' motion for appointment of counsel pending reeipt of respondents' response by 1/30/98 (cc: all counsel) (dr) (Entered: 12/31/1997)	PACER
	Dec. 31, 1997	REMARK- copy of Order of 12/30/97 (filing #280) mailed to Gordon Allen and Layne Lindebak (Attorney General of Iowa); Jeffrey Lipman; Steven R. Wycoff and Jeff Winters (ISP-Fort Madison) this date (dr) (Entered: 12/31/1997)	PACER
281	Jan. 15, 1998	DEMAND FOR JURY TRIAL by successor plaintiffs Steven Ray Wycoff and Jeff Winters (dr) (Entered: 01/15/1998)	PACER
282	Jan. 15, 1998	MEMORANDUM by successor plaintiffs Steven Ray Wycoff and Jeff Winters in support [279-1] of motion for appointment of counsel before Chief Judge Charles R. Wolle (dr) (Entered: 01/15/1998)	PACER
283	Jan. 15, 1998	MOTION by successor plaintiffs Steven Ray Wycoff and Jeff Winters for telephonic conference (hearing) before Chief Judge Charles R. Wolle (dr) (Entered: 01/15/1998)	PACER
284	Feb. 2, 1998	RESISTANCE by defendants to motion for order to show cause (dr) (Entered: 02/02/1998)	PACER
285	Feb. 9, 1998	ORDER by Chief Judge Charles R. Wolle granting motion for telephonic conference (hearing) [283-1], granting motion for appointment of counsel [279-1] ; Status and scheduling conference (hearing) on 2/13/98 @ 1:30 p.m. by telephone conference call court will place to dfts' counsel and newly appointed counsel for movants; during hearing court will schedule hearing on pretrial motions and determine when trial should be held if required (cc: all counsel) (dr) (Entered: 02/09/1998)	PACER
287	Feb. 9, 1998	MOTION by plaintiff Steven Ray Wycoff for appointment of counsel before Chief Judge Charles R. Wolle (dr) (Entered: 02/11/1998)	PACER
	Feb. 9, 1998	REMARK - Order of 02/09/98 mailed to Steven Wycoff and Jeff Winters at Fort Madison; Phil Mears, Layne Lindebak on 02/09/98 (dr) (Entered: 02/10/1998)	PACER
286	Feb. 10, 1998	ORDER by Chief Judge Charles R. Wolle ; Status and scheduling hearing rescheduled ; status and scheduling conference will instead be held by telephone conference call (hearing) scheduled for 2/11/98 @ 3:00 p.m. ; court will place call to counsel for parties (cc: all counsel) (dr) (Entered: 02/11/1998)	PACER
288	Feb. 11, 1998	ORDER by Chief Judge Charles R. Wolle ; Telephone Hearing held 2/11/98 ; counsel for parties indicated there wre procedural issues that had not yet been resolved; by not later than 3/31/98 counsel for pltf shall review court files and obtain copies of any necessary documents ; Telephone Hearing scheduled 4/3/98 @ 8:30 a.m. (cc: all counsel) (dr) (Entered: 02/12/1998)	PACER
289	Feb. 17, 1998	RESPONSE by movants [284-1] re: resistance to motion for order to show cause (dr) (Entered: 02/17/1998)	PACER
290	Feb. 18, 1998	MEMORANDUM by plaintiff Jeff Winters in support [278-1] of motion for rule to show cause before Chief Judge Charles R. Wolle (dr) (Entered: 02/18/1998)	PACER
291	Feb. 18, 1998	AFFIDAVIT of Steven R. Wycoff [278-1] regarding motion for rule to show cause before Chief Judge Charles R. Wolle (dr) (Entered: 02/18/1998)	PACER
	Feb. 18, 1998	EXHIBITS [278-1] located with file in one brown expand folder (dr) (Entered: 02/18/1998)	PACER
293	April 3, 1998	CLERK'S COURT MINUTES: courtroom clerk: Rowena Young, Law Clerk; court reporter: Terri Martin; ; Telephone Hrg held 4/3/98 , ; Oral hearing by telephone scheduled on 5/8/98 @ 8:00 a.m. ; parties have 30 days to submit briefs and documents on matter (dr) (Entered: 04/06/1998)	PACER
294	May 5, 1998	MOTION by plaintiff Steven Ray Wycoff, plaintiff Jeff Winters to continue hearing before Chief Judge Charles R. Wolle (dr) (Entered: 05/05/1998)	PACER
295	May 5, 1998	ORDER by Chief Judge Charles R. Wolle setting hearing on motion to continue hearing [294-1] at 8:30 a.m. on 5/7/98; court will place call to counsel at their telephone numbers of record (cc: all counsel) (dr) (Entered: 05/05/1998)	PACER
	May 5, 1998	REMARK - copy of order dated 5/5/98 (filing #295) mailed and faxed to Layne Lindebak and Phil Mears this date (dr) (Entered: 05/05/1998)	PACER
296	May 7, 1998	CLERK'S COURT MINUTES: courtroom clerk: Rowena Young, Law Clerk; court reporter: None; re motion to continue hearing before Chief Judge Charles R. Wolle [294-1] ; hearing held at 8:30 on 5/7/98; granting motion to continue hearing [294-1] ; Telephone Hrg rescheduled for 5/22/98 @ 12 noon (dr) (Entered: 05/07/1998)	PACER
297	May 7, 1998	ORDER by Chief Judge Charles R. Wolle granting motion to continue hearing [294-1] ; Telephone Hearing rescheduled for 5/22/98 @ 12 noon ; court will place conference call to counsel at their telephone numbers of record (cc: all counsel) (dr) (Entered: 05/07/1998)	PACER
	May 7, 1998	REMARK - Order filed 5/7/98 (filing #297) mailed this date to Layne Lindebak and Phil Mears (dr) (Entered: 05/07/1998)	PACER
298	May 21, 1998	RESISTANCE by movant Steven Ray Wycoff, movant Jeff Winters to motion to dismiss (no pending to dismiss on ICMS) (dr) (Entered: 05/21/1998)	PACER
299	May 21, 1998	SUBMISSION OF DOCUMENTS OUT OF ORIGINAL CLARK FILE (NOTICE) by movant Steven Ray Wycoff, movant Jeff Winters [THESE ARE NOT STATE COURT DOCUMENTS] (dr) (Entered: 05/21/1998)	PACER
300	May 22, 1998	CLERK'S COURT MINUTES: courtroom clerk: Rowena Young, Law Clerk; court reporter: Julie McCurnin; ; Telephone Hrg re government's motion to dismiss held 5/22/98 ; Order to follow (dr) (Entered: 05/22/1998)	PACER
301	Aug. 4, 1998	ORDER by Chief Judge Charles R. Wolle: motion for rule to show cause is denied; movants' request for relief is dismissed without prejudice; motion for contempt is denied; movants/successor plaintiffs' request for relief is denied without prejudice and this action is administratively closed dismissing case [0-0] (cc: all counsel) (dr) Modified on 08/10/1998 (Entered: 08/05/1998)	PACER
302	Aug. 5, 1998	JUDGMENT: signed by D. Ryan, Deputy Clerk; movants/successor plaintiffs' request for relief is denied without prejudice; this case is administratively closed; re [301-2] order (cc: all counsel) OJ 268-30 (dr) (Entered: 08/05/1998)	PACER
303	June 9, 2000	MOTION by plaintiff Edward Clark, plaintiff Steven Ray Wycoff, plaintiff Jeff Winters for reimbursement of out of pocket expenses before Magistrate Judge Celeste F. Bremer (dr) (Entered: 06/09/2000)	PACER
304	June 14, 2000	ORDER by Magistrate Judge Celeste F. Bremer granting motion for reimbursement of out of pocket expenses; The Clerk shall issue payment in the amount of $163.10 from the Library Fund to Philip Mears for expenses [303-1] (cc: all counsel) (jj) (Entered: 06/14/2000)	PACER