Case: Hershberger v. Scaletta

U.S. Court of Appeals for the Eighth Circuit

APPLICATION TO PROCEED in forma pauperis by plaintiff Jeffrey Hershberger frmemp (Entered: 01/21/1993)

STATEMENT of financial status by plaintiff Jeffrey Hershberger frmemp (Entered: 01/21/1993)

ORDER by Chief Mag Judge John A. Jarvey granting motion to proceed in forma pauperis. Clerk to file complaint w/o prepayment of fees. Marshal to serve defts & Ia. Atty. Gen. w/o prepayment of fees. Atty. Gen. to notify court if she lacks consent of defts to appear in their behalf. Defts to ans/plead w/in 45 days(Sep. 16,1991) (cc: all counsel) frmemp (Entered: 01/21/1993)

COMPLAINT (Summons(es) w/notice,consents,LR16 and reports to USM for svc) frmemp (Entered: 01/21/1993)

MOTION by plaintiff Jeffrey Hershberger to amend complaint , and to proceed in forma pauperis by new party pltfs. assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 01/21/1993)

RETURN OF SERVICE executed upon defendant Fred Scaletta, defendant John A Thalacker, defendant Larry Brimeyer, defendant Steven Salviati, defendant Kenneth Lewis answer due on Sep. 16, 1991 frmemp (Entered: 01/21/1993)

ORDER by Chief Mag Judge John A. Jarvey granting motion to amend complaint [5-1] (cc: all counsel) frmemp (Entered: 01/21/1993)

AMENDED COMPLAINT (Summons(es) w/ notice, consents, LR 16 and Rpt form to USM for svc). [4-1] by plaintiff Jeffrey Hershberger; adding Kenneth Wheeler, Thomas Sherwood, Steven Schakel frmemp (Entered: 01/21/1993)

MOTION by defendant Kenneth Wheeler to proceed in forma pauperis assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 01/21/1993)

MOTION by defendant Thomas Sherwood to proceed in forma pauperis assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 01/21/1993)

MOTION by defendant Steven Schakel to proceed in forma pauperis assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 01/21/1993)

ANSWER by defendants frmemp (Entered: 01/21/1993)

RESISTANCE to Answer & Affirmative Defenses by plaintiff Jeffrey Hershberger, plaintiff Kenneth Wheeler, plaintiff Thomas Sherwood, plaintiff Schakel frmemp (Entered: 01/21/1993)

MOTION by plaintiff Jeffrey Hershberger, plaintiff Kenneth Wheeler, plaintiff Thomas Sherwood, plaintiff Steven Schakel for preliminary injunction , for temporary restraining order assigned to Chief Judge Michael J. Melloy frmemp Modified on 01/21/1993 (Entered: 01/21/1993)

BRIEF in support of Mot. for P.I. &/or TRO by plaintiff Jeffrey Hershberger, plaintiff Kenneth Wheeler, plaintiff Thomas Sherwood, plaintiff Schakel frmemp (Entered: 01/21/1993)

ORDER by Chief Mag Judge John A. Jarvey: Pltfs. S. Schakel, T. Sherwood & K. Wheeler are allowed to proceed informa pauperis. Clerk to send 08/26/91 amended complaint, J09/18/91 answer & court's 09/20/91 order to each pltf.(cc: all counsel)i frmemp (Entered: 01/21/1993)

RESISTANCE by defendants to motion for preliminary injunction [15- 1], to motion for temporary restraining order [15-2] frmemp (Entered: 01/21/1993)

REPORT to the court by plaintiff Jeffrey Hershberger, plaintiff Kenneth Wheeler, plaintiff Thomas Sherwood, plaintiff Steven Schakel frmemp (Entered: 01/21/1993)

ORDER by Judge David R. Hansen: Clerk to apt. counsel for pltfs pursuant to IOLTA; denying motion for preliminary injunction [15-1], denying motion for temporary restraining order [15-2] (cc: all counsel) frmemp (Entered: 01/21/1993)

ATTORNEY APPEARANCE for plaintiff Jeffrey Hershberger, plaintiff Kenneth Wheeler, plaintiff Thomas Sherwood, plaintiff Steven Schakel by Philip B Mears frmemp (Entered: 01/21/1993)

MOTION by plaintiff Jeffrey Hershberger, plaintiff Kenneth Wheeler, plaintiff Thomas Sherwood, plaintiff Steven Schakel to expend Library Funds assigned to Chief Judge Michael J. Melloy frmemp (Entered: 01/21/1993)

MOTION by plaintiff to extend deadlines for disc. & dispositive motions assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 01/21/1993)

ORDER by Chief Mag Judge John A. Jarvey granting motion to extend deadlines for disc. & dispositive motions [23-1] ; Discovery ddl Apr. 1, 1992 ; Motion filing ddl May 1, 1992 (cc: all counsel) frmemp (Entered: 01/21/1993)

ORDER by Chief Mag Judge John A. Jarvey granting motion to extend discovery [25-1] ; Discovery ddl May 1, 1992 (cc: all counsel) frmemp (Entered: 01/21/1993)

MOTION by plaintiffs to extend discovery assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 01/21/1993)

ORDER by Chief Mag Judge John A. Jarvey ; Telephone Status hearing June 3, 1992 at 9:00 a.m. (cc: all counsel) frmemp (Entered: 01/21/1993)

MOTION to intervene by Scott Olmstead; Thomas Rayer; & Ernest Douglas assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 01/21/1993)

SCHEDULING ORDER Chief Mag Judge John A. Jarvey ; motion filing ddl Oct. 1,1992 ; Discovery Sep. 1,1992 (cc: all counsel) frmemp (Entered: 01/21/1993)

RESISTANCE by defendants to motion to intervene by Scott Olmstead; Thomas Rayer; & Ernest Douglas [29-1] frmemp (Entered: 01/21/1993)

ORDER by Chief Mag Judge John A. Jarvey granting motion to intervene by Scott Olmstead; Thomas Rayer; & Ernest Douglas [29-1] (cc: all counsel) frmemp (Entered: 01/21/1993)

MOTION by plaintiffs, intervenor plaintiffs to amend & substitute complaint assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 01/21/1993)

ORDER by Chief Mag Judge John A. Jarvey granting motion to amend & substitute complaint [33-1] (cc: all counsel) frmemp (Entered: 01/21/1993)

AMENDED & SUBSTITUTED COMPLAINT frmemp (Entered: 01/21/1993)

ANSWER by defendant to [35-1] frmemp (Entered: 01/21/1993)

ORDER by Chief Mag Judge John A. Jarvey ; Pretrial order ddl Nov. 30, 1992 (cc: all counsel) frmemp (Entered: 01/21/1993)

ORDER by Chief Judge Michael J. Melloy: Pltf. to file document w/Court indicating whether request to expend Library Funds, filed 01/07/92, remains a viable motion. Pleading due w/in 15 days(Nov. 12, 1992) (cc: all counsel) frmemp (Entered: 01/21/1993)

STATEMENT re: Library Fund Motion by plaintiffs, intervenor plaintiffs in support of [22-1] frmemp (Entered: 01/21/1993)

MOTION by plaintiffs, intervenor plaintiffs to extend time to submit Proposed PFTO assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 01/21/1993)

ORDER by Chief Judge Michael J. Melloy Case referred to Chief Mag Judge John A. Jarvey for Report & Recommendation (cc: all counsel) frmemp (Entered: 01/21/1993)

ORDER by Chief Judge Michael J. Melloy granting motion to expend Library Funds. Clerk to issue check from Library Fund in amt. of $300.50 to Mears Law office (cc: all counsel) frmemp (Entered: 01/21/1993)

ORDER by Chief Mag Judge John A. Jarvey granting motion to extend time to submit Proposed PFTO. Pltf's. proposed FPTO submitted 12/3/92 is deemed timely. (cc: all counsel) frmemp (Entered: 01/21/1993)

ORDER by Chief Mag Judge John A. Jarvey Court Trial RESET March 8, 1993 at 10:00 a.m. at IMR (cc: all counsel) frmemp (Entered: 01/21/1993)

ORDER by Chief Mag Judge John A. Jarvey ; Trial Reset for 3/9/93 at 9:00 a.m., IMR, and will continue on that date until completed. (cc: all counsel) frmemp (Entered: 02/04/1993)

MOTION by defendants to extend time to file trial brief assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 02/18/1993)

ORDER by Chief Mag Judge John A. Jarvey granting motion to extend time to file trial brief [47-1]Defts to file trial brief by Feb 27, 1993 (cc: all counsel) frmemp (Entered: 02/28/1993)

PRE-TRIAL BRIEF FILED by defendants frmemp (Entered: 03/05/1993)

PRE-TRIAL BRIEF FILED by plaintiffs frmemp (Entered: 03/05/1993)

CLERK'S COURT MINUTES from Ct Trial hld 3/9/93 - Ruling Reserved frmemp (Entered: 03/10/1993)

EXHIBIT/WITNESS list from Ct Trial hld 3/9/93 frmemp (Entered: 03/10/1993)

MOTION by defendants, to extend time to file post-trial brief assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 03/26/1993)

ORDER by Chief Mag Judge John A. Jarvey granting motion to extend time to file post-trial brief [53-1]; Defts. shall have to Apr. 7, 1993 to file post-trial brief (cc: all counsel) frmemp (Entered: 03/30/1993)

POST TRIAL BRIEF FILED by defendants frmemp (Entered: 04/13/1993)

POST TRIAL BRIEF FILED by plaintiff frmemp (Entered: 05/04/1993)

ORDER by Chief Mag Judge John A. Jarvey: ct. finds in favor of pltfs Douglas & Olmstead on claim of denial of access to cts as a result of IMR policy on legal mail. Deft Thalacker is enjoined from (1) denying free postage to indigent inmates for legal purposes, (2) charging inmates 50 cents per month for having a negative balance in their acct as the result of purchasing legal postage, (3) forbidding inmates to exceed $7.50 total indebtedness for legal postage under the present standard called "exceptional need". Deft Thalacker is ordered to provide indigent inmates weekly w/at least one free stamped envelope, or such other larger number o free stamped envelopes as is deemed appropriate by prison officials, for use for legal mail. The ct finds in favor of defts on pltfs' claim of denial of rights of familial privacy as a result of the IMR policy on personal mail. The ct finds in favor of defts on pltfs' claims of violation of their 8th or 14th amendment rights as a result of the IMR exercise yard policy. The clerk shall enter jdmt in favor of pltfs Douglas & Olmstead & against deft Thalacker in his official capacity as warden of the IMR on the claim noted in paragraphs 1 & 2 above. The clerk shall enter jdmt in favor of the defts on all other claims by pltfs Douglas & Olmstead and in favor of all defts against all claims of all other pltfs. (cc: all counsel) frmemp (Entered: 10/05/1993)

JUDGMENT: dismissing case (cc: all counsel) frmemp Modified on 10/14/1993 (Entered: 10/05/1993)

JUDGMENT: (cc: all counsel) frmemp (Entered: 10/05/1993)

MOTION by plaintiffs for reconsideration of ct's order & jdmt of 10/4/93 assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 10/13/1993)

RESISTANCE by defendants to motion for reconsideration of ct's order & jdmt of 10/4/93 [61-1] frmemp (Entered: 10/25/1993)

ORDER by Chief Mag Judge John A. Jarvey setting hearing on motion for reconsideration of ct's order & jdmt of 10/4/93 [61-1] for 11/3/93 at a time convenient to parties; Parties are responsible for placing the call; Pltf. ordered to supplement the Mot. for Reconsideration w/in 3 days of receipt of this order by stating rule under which the ot. is brought (cc: all counsel) frmemp (Entered: 10/29/1993)

SUPPLEMENT by plaintiffs re motion for reconsideration of ct's order & jdmt of 10/4/93 [61-1] frmemp (Entered: 11/03/1993)

ORDER by Chief Mag Judge John A. Jarvey denying motion for reconsideration of ct's order & jdmt of 10/4/93 [61-1]. Time for filing an appeal extended to 11/15/93 before 5:00 p.m. No further extensions will be granted. (cc: all counsel) frmemp (Entered: 11/08/1993)

NOTICE OF APPEAL by defendant John A Thalacker from Dist. Court decision [58-1] (cc: all counsel) w/dkt sheet 8th CCA w/dkt sheets, Order Judgment frmemp (Entered: 11/12/1993)

RECEIVED re [66-1] fee in amount of $ 105.00 ( Receipt # 95438) frmemp (Entered: 11/12/1993)

MOTION by plaintiff to defer the question of atty fees & costs assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 11/15/1993)

NOTICE OF APPEAL by plaintiffs from Dist. Court decision [60-1], [59-2], [58-1] (cc: all counsel) w/dkt sheet 8th CCA w/dkt sheets, Order Judgment frmemp (Entered: 11/15/1993)

ORDER by Chief Mag Judge John A. Jarvey granting motion to defer the question of atty fees & costs [68-1]. This matter may be brought before the court upon the resolution of the appeals to the 8th Cir Ct of Appeals. (cc: all counsel) frmemp (Entered: 11/17/1993)

MOTION by plaintiff Jeffrey Hershberger, intervenor plaintiff Scott P Olmstead, intervenor plaintiff Thomas Rayer to prepare transcript at Govt. expense assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 12/02/1993)

MOTION by defendant John A Thalacker to correct Notice of Appeal assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 12/06/1993)

TRANSCRIPT of trial held on 3/9/93 frmemp (Entered: 12/08/1993)

ORDER by Chief Mag Judge John A. Jarvey denying motion to correct Notice of Appeal [72-1], as it appears that FRCP 60(a) requires such application to be made to the appellate court. Deft to pay $633.00 to Ctrptr for his copy of the transcript. Pltfs shall pay $158.25 for their copy of the transcript. Upon filing the cross-appellants' appellate brief, a copy of said brief shall be delivered to this court. The pltfs may then re-urge this motion and the ct will determine whether the transcript was necessary to promote important litigation interests. Until then, pltfs' 12/2/93 motion to prepare a transcript at government's expense [71-1] is denied. (cc: all counsel) frmemp (Entered: 12/15/1993)

MOTION by plaintiffs for reconsideration of Ct/s 12/15/93 order assigned to Chief Mag Judge John A. Jarvey frmemp (Entered: 12/23/1993)

ORDER by Chief Mag Judge John A. Jarvey granting motion for reconsideration of Ct/s 12/15/93 order [75-1]; it is ordered that payment of costs of $158.25 for pltfs' copy of the transcript in this matter be pd pursuant to 28 USC 753(f). (cc: all counsel) frmemp (Entered: 01/11/1994)

CERTIFIED COPY of Order/Opinion from Circuit Ct affirming the decision of the District Court on appeal [69-1], affirming the decision of the District Court on appeal [66-1] frmemp (Entered: 11/08/1994)

NOTICE of Intention to Dispose of Trial Exhibits on 12/12/94. CMA frmemp (Entered: 12/01/1994)

STATEMENT of destruction of trial exhibits on December 14, 1994. CMA frmemp (Entered: 12/14/1994)