Legal Opinion
El-Tabech v. Gunter
Court of Appeals for the Eighth Circuit
Decided April 30, 1993No. Nos. 92-3390, 93-1234PublishedCited by 5 opinions
1Opinion of the Court
MORRIS SHEPPARD ARNOLD, Circuit Judge.
This is a class action against prison administrators brought under 42 U.S.C. § 1983, seeking declaratory relief, injunctive relief, and damages. After an 18-day trial, a magistrate judge recommended that judgment be entered in favor of plaintiffs on their primary claim for injunctive relief and that defendants be granted qualified immunity from plaintiffs’ claim for damages. The district court adopted the magistrate judge’s recommendations in their entirety and entered judgment on plaintiffs’ prayer for an injunction. 807 F.Supp. 1463. It also directed…
2Cases cited3 opinions
- Groseclose v. DuttonCourt of Appeals for the Sixth Circuit · 1986
- Jensen v. GunterDistrict Court, D. Nebraska · 1992
- Hendrickson v. GriggsCourt of Appeals for the Eighth Circuit · 1988
3Cited by5 opinions
- Jensen v. ClarkeCourt of Appeals for the Eighth Circuit · 1996
- Tabech v. GunterDistrict Court, D. Nebraska · 1994
- El Tabech v. GunterDistrict Court, D. Nebraska · 1996
- Mohamed Abdul Hafiz El-Tabech, and All Similarly Situated Prisoners, Appellee/cross-Appellant v. Frank O. Gunter, Director of Ne Department of Correctional Services Harold W. Clarke, Individually and as Warden at Ne State Penitentiary Mario Peart, Individually and in His Official Capacity as Unit Administrator at Ne State Penitentiary Donn Beaver, Individually and in His Official Capacity as Manager of Housing Unit Two at Ne State Penitentiary Scott Marshall, Individually and in His Official Capacity as Acting Manager of Housing Unit Two at Ne State Penitentiary Maximino Gonzales, Individually and in His Official Capacity as Unit Counselor of Housing Unit Two at Ne State Penitentiary, Appellants/cross-Appellees, Victor Luna, Appellee/cross-Appellant v. Harold W. Clarke, Warden, Ne State Prison Mario Peart, Unit Administrator, Ne State Prison Donn Beaver, Unit Manager 2, Ne State Prison Scott Marshall, Acting Unit Manager 2, Ne State Prison, Appellants/cross-Appellees, Reginald Pierce Richard Duff Al Wilson Harold Crisp Laddie Dittrich Gus Dawson Victor Carter George Carter Michael Kane Ernest L. Sims, Appellees/cross-Appellants v. Harold W. Clarke Gary Grammer Frank O. Gunter Mario Peart, Appellants/cross-Appellees, Jerry Jensen, on Behalf of Himself and All Others Similarly Situated, Appellee/cross-Appellant v. Frank O. Gunter, Individually and in His Official Capacity as Director of the Nebraska Department of Correctional Services Harold W. Clarke, Individually and in His Official Capacity as Warden of the Nebraska State Penitentiary Mario Peart, Individually and in His Official Capacity as Unit Administrator of the Nebraska State Penitentiary Donn Beaver, Individually and in His Official Capacity as Manager of Housing Unit Two of the Nebraska State Penitentiary Scott Marshall, Individually and in His Official Capacity as Acting Manager of Housing Unit Two at the Nebraska State Penitentiary Maximino Gonzales, Individually and in His Official Capacity as Unit Counselor of Housing Unit Two at the Nebraska State Penitentiary, Appellants/cross-AppelleesCourt of Appeals for the Eighth Circuit · 1993
- Jerry Jensen v. Harold ClarkeCourt of Appeals for the Eighth Circuit · 1996