In the civil law. A man's own heir; a decedent's proper or natural heir. This name ...
District Court for the Southern District of Iowa Court Cases
Gorden E. Allen, Iowa Civil Liberties Union, Des Moines, Iowa, and Rena K. Uviller, Burt Neuborne, Melvin L. Wulf, Juvenile Rights Project, American Civil Liberties Union, New York City, for plaintiffs.
Court: District Court for the Southern District of Iowa Docket: Civ. No. 73-79-2
Herschel G. Langdon, Des Moines, Iowa, Verne H. Maxwell, Dallas, Tex., Colvin A. Peterson, Jr., Kansas City, Mo., Roy W. Meadows, Des Moines, Iowa, C. T. McClure, Oklahoma City, Okl., Max Putnam, Harris M. Coggeshall, Des Moines, Iowa, J. O. Watson, Jr., Indian-ola, Iowa, Elmer B. Hodges, Kansas City, Mo., Robert G. Bridges, Des Moines, Iowa, James R. Eagleton, Tulsa, Okl., Bennett A. Webster, Des Moines, Iowa, Charles W. McDermott, Colorado Springs, Colo., Joseph W. Kennedy, Wichita, Kan., [...]
Court: District Court for the Southern District of Iowa Docket: Civ. No. 7-1932-C-2
United States v. Shipley (2008)
Before the Court is the matter of sentencing the Defendant, Philip Allen Shipley. This memorandum opinion and order supplements the findings made on the record at the sentencing hearing held on June 19, 2008.
Court: District Court for the Southern District of Iowa Docket: 4:07-cr-00081
C. R. S. Anderson, Gen. Counsel, Iowa Southern Utilities Co., Centerville, Iowa, Herschel G. Langdon, Herrick, Langdon, Belin & Harris, Des Moines, Iowa, for defendant Iowa Southern Utilities Co.
Court: District Court for the Southern District of Iowa Docket: Civ. No. 8-2397-C-2
Rinehart v. Brewer (1980)On June 27, 1979, Elmer Matthews, Allen Langley, and Paul Morton filed a Motion for Order to Show Cause why David Scurr, Warden at the Iowa State Penitentiary, and other prison officials should not be held in Contempt of Court pursuant to Federal Rule of Civil Procedure 71 (hereinafter the above-named movants shall be referred to as "plaintiffs", and David Scurr, as well as the other prison officials, shall be referred to as "defendant"). Judge Hanson entered an Order on July 3, 1979, reviewing [...]
Court: District Court for the Southern District of Iowa Docket: Civ. A. No. 77-244-2
Smith v. Brewer (1978)
This matter is before the Court on the application for a writ of habeas corpus submitted by Walter Smith, Jr., pursuant to 28 U.S.C. § 2254. Smith, an inmate at the Iowa State Penitentiary, attacks his March 20, 1973 conviction for first degree murder in Polk County District Court on the grounds that jury misconduct deprived him of his Sixth Amendment rights as guaranteed by the Fourteenth Amendment to be tried by an impartial jury and to confront witnesses against him.
Court: District Court for the Southern District of Iowa Docket: 76-284-2
Sedco Intern., SA v. Cory (1981)
John H. McElhaney, Stanley E. Neely and Elizabeth Lang-Miers, of Locke, Purnell, Boren, Laney & Neely, Walter W. Cardwell III, Dallas, Tex., Ralph D. Sauer, of Betty, Neuman, McMahon, Hellstrom & Bittner, Davenport, Iowa, for plaintiff and counterclaim defendants.
Court: District Court for the Southern District of Iowa Docket: Civ. No. 77-85-D
Remmers v. Brewer (1973)This is an action brought under 42 U. S.C., Section 1983 by two inmates of the Iowa State Penitentiary at Fort Madison, Iowa, against the Warden and other prison officials. Petitioners aver that as members of the Church of the New Song they are being denied the right to practice their religion in violation of the First Amendment. They furthermore claim that certain practices of the prison's Diagnostic Committee, which makes recommendations to the Parole Board, violate the Establishment Clause [...]
Court: District Court for the Southern District of Iowa Docket: Civ. No. 72-177-2
Stamus v. Leonhardt (1976)In June of 1972, plaintiffs Dorothy Lorraine Stamus and Lynne Marie Stamus were taken into custody due to alleged mental illness and detained involuntarily at Broadlawns Polk County Hospital pursuant to the then-existing Iowa civil commitment laws. Approximately one year later, the Stamuses filed this action attacking the constitutionality of the Iowa involuntary hospitalization statutes for the mentally ill, as well as the constitutionality of the practices to which they were subjected by [...]
Court: District Court for the Southern District of Iowa Docket: Civ. No. 73-126-2
Mitchell v. Barnhart (2005)Before the Court is Kenneth Johnsen's application for attorney fees. By way of background, Plaintiff filed a Complaint on May 4, 2004, seeking Judicial Review of Defendant's denial of her application for disability benefits under the Social Security Act. See 42 U.S.C. § 401 et seq. An order setting a briefing schedule was issued by the Court. Plaintiff received an extension of time to file her brief in support of reversing the Commissioner's decision until August 16, 2004. The Commissioner [...]
Court: District Court for the Southern District of Iowa Docket: 4:04-CV-90249
McDannel v. Apfel (1999)Before the Court is Plaintiff's Application For Attorney Fees Pursuant To 28 U.S.C. § 2412(d)(1)(b) (Equal Access To Justice Act) (hereinafter EAJA). Plaintiff appears by her Attorney Gregory W. Peterson. The Defendant Commissioner appears by Assistant United States Attorney William Purdy. The Government has conceded that its position was not substantially justified in either its administrative or litigation positions. The Government has, however, resisted the amount of Plaintiff's fee [...]
Court: District Court for the Southern District of Iowa Docket: 1-98-CV-90056
The Complaint in this case filed September 3, 1971 charged defendant with violating certain provisions of the Federal Truth-In-Lending Act, Title I of the Consumer Credit Protection Act, 15 U. S.C. § 1601 et seq. and Regulation Z, 12 C.F.R. 226.
Court: District Court for the Southern District of Iowa Docket: Civ. No. 11-350-C-1
Raper v. State of Iowa (1996)The Court has before it defendants' motions for summary judgment and a motion to dismiss. Specifically, the defendants in Kennedy v. Department of Natural Resources, 4-94-CV-10123 ("Kennedy"), moved for summary judgment on April 19, 1996; the defendants in Raper v. State, 4-94-CV-10237 ("Raper"), moved for summary judgment on April 26, 1996; the defendants in Phillips v. Department of Corrections, 4-95-CV-10913 ("Phillips"), joined in the above motions for summary judgment on May 23, 1996; and [...]
Court: District Court for the Southern District of Iowa Docket: Civil Nos. 4-94-CV-10237, 4-94-CV-10487, 4-95-CV-10913 and 4-96-CV-10123
Lyon v. Vande Krol (1996)
Frank W. Hunger, Assistant Attorney General, Christopher D. Hagen, Assistant U.S. Attorney, Des Moines, IA, Vincent M. Garvey, Deputy Director, Kathryn D. Ray, Trial Attorney, U.S. Department of Justice, Washington, DC, for Intervenor.
Court: District Court for the Southern District of Iowa Docket: Civil No. 4-96-cv-10356
This matter comes before the Court on Defendant's Motion for Summary Judgment filed in this court on April 30, 1997. Plaintiffs filed their Resistance to Defendant's Motion for Summary Judgment on June 16, 1997. Defendant filed its Reply on June 24, 1997. A hearing was held on July 31, 1997 and Plaintiffs filed a Supplement to Oral Argument on August 6, 1997. This motion is now fully submitted.
Court: District Court for the Southern District of Iowa Docket: Civ. No. 4-96-CV-90310
On October 15, 1980, plaintiff filed a Motion for Summary Judgment which was resisted by defendant on October 28, 1980. Defendant filed a Cross-Motion for Summary Judgment on October 24, 1980 which plaintiff resisted on November 17, 1980. A hearing was held on these motions on January 16, 1981. Appearances are noted in the Clerk's minutes.
Court: District Court for the Southern District of Iowa Docket: Civ. No. 80-100-A
Baker v. United States (1964)This action was brought by Mrs. Kenneth Baker as legal guardian for Kenneth Baker, an incompetent, against the United States of America under the provisions of the Federal Tort Claims Act, Title 28 U.S.C.A., § 1346(b) and §§ 2671-2680. Plaintiff seeks to recover damages in the sum of $100,000 for injuries allegedly sustained by her ward in attempting to commit suicide by jumping into a concrete window well on the grounds of the Veterans Administration Hospital at Iowa City, Iowa, where said [...]
Court: District Court for the Southern District of Iowa Docket: Civ. 2-546
Williams v. Brewer (1974)The Court issues this Order pursuant to the Petition for Writ of Habeas Corpus filed by Robert Anthony Williams challenging his May 6, 1969 conviction of murder (§ 690.2, Code of Iowa 1966) in the District Court of Iowa in and for Polk County, Criminal No. 55805. The issues which Petitioner now is presenting to this Court were timely raised at the trial court level and on appeal to the Supreme Court of Iowa; the latter Court affirmed Petitioner's conviction in State v. Williams, 182 N.W.2d 396 [...]
Court: District Court for the Southern District of Iowa Docket: Civ. No. 72-257-2
This action brings into question the constitutionality of search procedures conducted during "rock concerts" held at Veterans Memorial Auditorium in Des Moines, Iowa. Plaintiffs, rock concert patrons who seek declaratory and injunctive relief pursuant to 42 U.S.C. § 1983 and 28 U.S.C. §§ 1343 and 2201, claim that said search procedures are in violation of their First, Fourth, and Fourteenth Amendment rights. On October 4, 1977, subsequent to the Court's denial of plaintiffs' September 20, [...]
Court: District Court for the Southern District of Iowa Docket: Civ. No. 77-274-2
Clarke v. Redeker (1966)Initially the Court will consider the defendants' motion to dismiss the complaint filed against them. Pursuant to Federal Rule of Civil Procedure 12(d), hearing on the defendants' motion was deferred until the trial. The contentions upon which the motion to dismiss is premised are essentially as follows: (1) There is no basis for invoking the jurisdiction of this Court in this matter; (2) the plaintiffs have failed to exhaust their administrative remedies; and (3) there is no basis upon which [...]
Court: District Court for the Southern District of Iowa Docket: Civ. No. 6-1773-C-1