Case: Arney v. Bennett

3:77-cv-03045 | U.S. District Court for the District of Kansas

Filed Date: Feb. 23, 1977

Closed Date: Oct. 22, 1996

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Case Summary

On February 23, 1977, inmates of state prisons in Lansing and Hutchinson, Kansas filed a class action lawsuit pursuant to 42 U.S.C. § 1983 against the State of Kansas in the United States District Court for the District of Kansas. The plaintiffs, represented by the Washburn University School of Law Legal Clinic and Legal Services for Prisoners, alleged that prison overcrowding violated their constitutional rights. The prisoners claimed that double-celling, outdoor dormitories, the conditions of…

On May 15, 1980, the parties entered a consent decree, under which the State agreed to ask the American Correctional Association to accredit the Kansas State Penitentiary (later renamed the Lansing Correctional Facility) and to house inmates in individual cells or closely-supervised shared rooms. Once the Penitentiary was accredited, the plaintiffs would dismiss their complaint.

On January 26, 1988, the plaintiffs asked the United States District Court for the District of Kansas (Judge Richard D. Rogers) to modify and enforce the consent decree. On February 15, 1989, the court ordered the State to develop short- and long-term plans to address the prison's weakness in respect to mentally ill inmates, protective custody, and administrative segregation. On April 13, 1989, the court also compelled the State to strategically address overcrowding. One element of the State's long-term plan was the construction of the El Dorado Correctional Facility. On May 17, 1991, the court approved double-celling and population increases for some Kansas prisons, but not for others. Arney v. Finney, 766 F. Supp. 934 (D. Kan. 1991).

Once the El Dorado Correctional Facility was constructed, Kansas began relocating inmates from overcrowded facilities. The State limited the quantity of personal property including legal work that each prisoner could move. Because the court believed that the plaintiffs' claim was weak, the court refused to issue a temporary restraining order enjoining the prison to transfer all legal materials. Porter v. Finney, No. 77-3045-R, 1991 WL 284141 (D. Kan. Dec. 9, 1991).

On June 28, 1994, the court interpreted the State's long-term plan for improving administrative segregation to require that the State determine prison privileges for each segregated inmate individually. Porter v. Finney, 857 F. Supp. 65 (D. Kan. 1994). On December 19, 1995, the court tentatively approved the State's request to resume double-celling in accordance with standards promulgated by the American Correctional Association. Porter v. Graves, No. 77-3045-RDR, 1995 WL 775301 (D. Kan. Dec. 19, 1995). The court reasoned that consent decrees and court orders should be interpreted in the spirit they were intended, and that the intent was to force Kansas prisons to meet national standards for prison quality.

The court also ruled on a number of petitions addressed to intervener status and pleadings entered by unnamed plaintiffs. Porter v. Finney, No. 77-3045-R, 1991 WL 126724 (D. Kan. June 28, 1991), Arney v. Finney, 967 F.2d 418 (10th Cir. 1992), Porter v. Finney, No. 77-3045-R, 1991 WL 264514 (D. Kan. Nov. 4, 1991).

On October 22, 1996, the court entered a final order incorporating prior tentative orders and closing the case, allowing the parties to raise issues under the newly enacted Prison Litigation Reform Act (PLRA). The court also awarded plaintiffs’ counsel attorneys’ fees and expenses for work performed between July 1994 and October 1996.

In March 1999, the court denied a motion to reopen the case filed by an inmate, finding no grounds to revive the litigation.

In 2015, the court (Senior Judge Sam A. Crow) denied several pro se inmates’ motions to enforce the consent decree, construing them as motions to intervene and concluding that no ongoing enforceable relief remained.

Between 2019 and 2020, additional pro se inmates filed motions seeking appointment of new counsel and reconsideration; the court denied these motions and reaffirmed that the case remained closed.


3:77-cv-03045	Docket (PACER) Arney v. Hayden	April 6, 2005	April 6, 2005 Docket
350 3:77-cv-03045	Memorandum and Order Arney v. Finney	May 17, 1991	May 17, 1991 Order/Opinion 766 F.Supp. 934
360 3:77-cv-03045	Memorandum and Order Porter v. Finney	June 28, 1991	June 28, 1991 Order/Opinion 1991 WL 126724
402 3:77-cv-03045	Memorandum and Order Porter v. Finney	Nov. 4, 1991	Nov. 4, 1991 Order/Opinion 1991 WL 264514
411 3:77-cv-03045	Memorandum and Order Porter v. Finney	Dec. 9, 1991	Dec. 9, 1991 Order/Opinion 1991 WL 284141
91-03235 91-03295 91-03237	Reported Opinion Arney v. Finney U.S. Court of Appeals for the Tenth Circuit	June 18, 1992	June 18, 1992 Order/Opinion 967 F.2d 418
505 3:77-cv-03045	Memorandum and Order Porter v. Finney	June 28, 1994	June 28, 1994 Order/Opinion 857 F.Supp. 65
582 3:77-cv-03045	Memorandum and order Porter v. Graves	Dec. 19, 1995	Dec. 19, 1995 Order/Opinion 1995 WL 775301

ECF Number	Date	Description	Link
319	March 18, 1991	MOTION by defendant to enlarge operating capacities established by the order entered 4/13/89 (ICMSUSER) (Entered: 04/04/1991)	PACER
320	March 18, 1991	MEMORANDUM in support by defendant re: motion to enlarge operating capacities established by the order entered 4/13/89 [319-1] (ICMSUSER) (Entered: 04/04/1991)	PACER
325	March 28, 1991	MOTION by plaintiff to terminate case (DO) (Entered: 04/04/1991)	PACER
322	March 29, 1991	MOTION by plaintiff to withdraw as litigating plaintiff and class representative. (DO) (Entered: 04/04/1991)	PACER
323	March 29, 1991	MOTION by plaintiff for temporary restraining order , and order to show cause for a preliminary injunction (DO) (Entered: 04/04/1991)	PACER
324	March 29, 1991	NOTICE of address to court conditions of confinement by plaintiff (DO) (Entered: 04/04/1991)	PACER
327	April 8, 1991	NOTICE by plaintiff of termination of attorneys (ICMSUSER) (Entered: 04/10/1991)	PACER
328	April 8, 1991	MOTION by plaintiff to substitute parties--as defts Joan Finney, Steven Davies, Ray Roberts; as pltfs Leslie Kimball, Rickey Ray Redford, Robert DeMass, Richard Snell, Thomas Porter, Dennis House, Robert Smith, Lyle C. Sanders, Donald E. Alexander, Anthony R. Palocioz, Joseph F. Edwards (ICMSUSER) (Entered: 04/10/1991)	PACER
329	April 8, 1991	MOTION by plaintiff to substitute parties--as pltfs Lyle C. Sanders, Donald E. Alexander, Anthony R. Palocioz, Joseph F. Edwards (ICMSUSER) Modified on 04/11/1991 (Entered: 04/10/1991)	PACER
330	April 8, 1991	MINUTE SHEET: Topeka, KS - re defts' motion to enlarge operating capacities established by 4/13/89 order [319-1]; re pltfs' motion for substitution of parties [328-1]; re pltfs' motion for substitution of parties [329-1] (ICMSUSER) (Entered: 04/11/1991)	PACER
331	April 8, 1991	ORDER ENTERED: by Senior Judge Richard D. Rogers re: defts' motion to enlarge operating capacities established by the order entered 4/13/89 [319-1]. This order is considered tentative for purpose of providing notice to class of inmates represented; parties directed to post notice of this tentative order for 14 days. Objections will be considered if filed in writing w/clerk of court by 4/23/91. Final order will issue after that date. (cc: all counsel) (ICMSUSER) (Entered: 04/11/1991)	PACER
332	April 8, 1991	ORDER ENTERED: by Senior Judge Richard D. Rogers granting motion to substitute parties [329-1]; substituting party Mike Hayden and adding Joan (nmi) Finney, Steven J Davies, Raymond (nmi) Roberts as defts, & Leslie Kimball, Rickey Ray Redford, Robert (nmi) DeMass, Richard (nmi) Snell, Thomas H Porter, Dennis (nmi) House, Robert Francis Smith Jr., Lyle C Sanders, Donald E Alexander, Anthony R Palocioz, Joseph F Edwards as pltfs; granting motion to substitute parties [328-1] (cc: all counsel) (ICMSUSER) (Entered: 04/11/1991)	PACER
333	April 9, 1991	MOTION by Wayne T Stratton to withdraw as attorney for defts (ICMSUSER) (Entered: 04/11/1991)	PACER
334	April 11, 1991	ORDER ENTERED: by Senior Judge Richard D. Rogers granting Wayne T Stratton's motion to withdraw as attorney for defts [333-1] (cc: all counsel) (ICMSUSER) (Entered: 04/11/1991)	PACER
335	April 17, 1991	OBJECTIONS by plaintiffs re: 4/8/91 order [331-1] (ICMSUSER) (Entered: 04/17/1991)	PACER
336	April 23, 1991	NOTICE setting hearing on tentative order [331-1] at 9:30 a.m. on 5/7/91 (cc: all counsel) (ICMSUSER) (Entered: 04/23/1991)	PACER
337	April 23, 1991	ORDER ENTERED: by Senior Judge Richard D. Rogers. Clerk to issue writ of habeas corpus ad testificandum for Jouett Edgar Arney to appear before Judge Rogers 5/7/91 at 1:30 p.m. (cc: all counsel) (ICMSUSER) (Entered: 04/23/1991)	PACER
339	April 23, 1991	MOTION by plaintiff Jouett Edgar Arney to intervene (ICMSUSER) (Entered: 04/24/1991)	PACER
	April 23, 1991	WRIT of habeas corpus ad testificandum issued by Clerk. Jouett Edgar Arney to appear before Judge Rogers on 5/7/91 at 1:30 p.m. (cc: Warden, KSP; Dept of Corrections) (ICMSUSER) Modified on 04/26/1991 (Entered: 04/23/1991)	PACER
338	April 24, 1991	NOTICE setting hearing on tentative order [331-1] at 1:30 p.m. on 5/7/91 (cc: all counsel) (ICMSUSER) (Entered: 04/24/1991)	PACER
340	May 7, 1991	MINUTE SHEET: Topeka, KS - taking under advisement the tentative order [331-1]; taking under advisement pltf's motion to withdraw as litigating plaintiff and class representative [322-1]. Court to issue order. (ICMSUSER) (Entered: 05/08/1991)	PACER
	May 7, 1991	Text not available. (Entered: 05/08/1991)	PACER
341	May 8, 1991	MOTION by Daniel Joseph Kirwan to intervene , and for investigation & foreclosure (ICMSUSER) (Entered: 05/08/1991)	PACER
342	May 10, 1991	RESPONSE by defendants to pltfs' hearing memorandum (ICMSUSER) (Entered: 05/10/1991)	PACER
343	May 13, 1991	REQUEST by plaintiffs for order to cease & desist (ICMSUSER) (Entered: 05/13/1991)	PACER
344	May 15, 1991	NOTICE by plaintiff to certify the questions to US Supreme Court (ICMSUSER) (Entered: 05/15/1991)	PACER
345	May 15, 1991	ADDITIONAL AUTHORITIES by plaintiff in support of res judicata (ICMSUSER) (Entered: 05/15/1991)	PACER
346	May 15, 1991	MEMORANDUM by plaintiff of attorneys' violations of Kansas Supreme Court disciplinary rules relating to attorneys (ICMSUSER) (Entered: 05/15/1991)	PACER
347	May 15, 1991	MOTION by plaintiff for temporary restraining order , and/or for preliminary injunction (ICMSUSER) (Entered: 05/15/1991)	PACER
348	May 15, 1991	BRIEF in support by plaintiff re: motion for temporary restraining order [347-1], re: motion for preliminary injunction [347-2] (ICMSUSER) (Entered: 05/15/1991)	PACER
349	May 15, 1991	MOTION by plaintiff for hearing (ICMSUSER) (Entered: 05/15/1991)	PACER
350	May 17, 1991	MEMORANDUM AND ORDER: by Senior Judge Richard D. Rogers granting in part & denying in part as stated in this order, the motion to enlarge operating capacities established by the order entered 4/13/89 [319-1]; denying motion for temporary restraining order [323-1]; denying motion order to show cause for a preliminary injunction [323-2]; denying motion for temporary restraining order [347-1]; denying motion for preliminary injunction [347-2]; denying motion hearing [349-1]; denying motion to terminate case [325-1]; denying notice [327-1]; denying motion to intervene [339-1]; denying motion to intervene [341-1]; denying motion for investigation & foreclosure [341-2]; denying notice [344-1]; granting Arney's motion to withdraw as litigating plaintiff and class representative [322-1]; finding the motion for order to cease & desist [343-1] moot. terminating party Jouett Edgar Arney 16 pages (cc: all counsel) (ICMSUSER) (Entered: 05/17/1991)	Clearinghouse
351	May 17, 1991	MOTION by Lisa (nmi) Nathanson to withdraw as attorney for plaintiffs (ICMSUSER) (Entered: 05/20/1991)	PACER
352	May 21, 1991	ORDER ENTERED: by Senior Judge Richard D. Rogers granting motion to withdraw as attorney for plaintiffs [351-1] attorney Lisa Nathanson for pltfs Joseph F Edwards, Anthony R Palocioz, Donald E Alexander, Lyle C Sanders, Robert Francis Smith Jr., Dennis (nmi) House, Thomas H Porter, Richard (nmi) Snell, Robert (nmi) DeMass, Rickey Ray Redford, Leslie Keith Kimball (cc: all counsel) (ICMSUSER) (Entered: 05/21/1991)	PACER
353	May 24, 1991	MOTION by Randall William Murphy for designation as class representative (ICMSUSER) (Entered: 05/24/1991)	PACER
354	May 30, 1991	MOTION by defendants to clarify court's order of 5/17/91 (ICMSUSER) (Entered: 05/30/1991)	PACER
355	June 10, 1991	ORDER ENTERED: by Senior Judge Richard D. Rogers granting defts' motion to clarify court's order of 5/17/91 [354-1]; clarified as stated in this order (cc: all counsel) (ICMSUSER) (Entered: 06/10/1991)	PACER
356	June 10, 1991	APPLICATION & PETITION by plaintiff Jouett Edgar Arney for order of doctrine of res judicata, to terminate court appointment of attys, to substitute class members (ICMSUSER) (Entered: 06/10/1991)	PACER
357	June 10, 1991	QUESTIONS FOR THE COURT TO DECIDE filed by plaintiff Jouett Edgar Arney re: application & petition for order of doctrine of res judicata, to terminate court appointment of attys, to substitute class members [356-1] (ICMSUSER) (Entered: 06/10/1991)	PACER
361	June 10, 1991	NOTICE OF APPEAL by plaintiff Jouett Edgar Arney from Dist. Court decision re: 5/17/91 memorandum & order [350-2]. (Pleadings #356 & #357 treated as a notice of appeal per 6/28/91 memorandum & order) (cc: Mr. Arney; all counsel; 10CCA) (ICMSUSER) Modified on 07/01/1991 (Entered: 07/01/1991)	PACER

Case: Arney v. Bennett

3:77-cv-03045 | U.S. District Court for the District of Kansas

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