TIMM v. GUNTER

Nos. 89-2616, 89-2617, 90-1135 and 90-1189.

917 F.2d 1093 (1990)

James L. TIMM; Robert Lofquest; William H. Clark; David Piercy; Ronald R. Ell; Kerry Wells; Dale A. Brown; Douglas O'Keefe; Pete Dwyer; and Harold Irwin, Individually and on behalf of others similarly situated, Appellees, v. Frank GUNTER, individually and in his capacity as Director of Nebraska Dept. of Correctional Services; Gary Grammer, individually and in his former capacity as Warden for Nebraska State Penitentiary; John Shaw, individually and in his former capacity as Associate Acting Warden for Nebraska State Penitentiary; Harold Clarke, Individually and in his capacity as Warden for the Nebraska State Penitentiary; The Class of All Present and Future Female Employees at the Nebraska State Penitentiary, Julie Kouma, solely in her capacity as representative of the Defendant Female Class, Appellants, The Class of All Present and Future Male Employees at the Nebraska State Penitentiary, and Tony Cruz, solely in his capacity as Representative of the Defendant Male Class, Intervenors. James L. TIMM; Robert Lofquest; William H. Clark; David Piercy; Ronald R. Ell; Kerry Wells; Dale A. Brown; Douglas O'Keefe; Pete Dwyer; and Harold Irwin, Individually and on behalf of others similarly situated, Appellees, v. Frank GUNTER, individually and in his capacity as Director of Nebraska Dept. of Correctional Services; Gary Grammer, individually and in his former capacity as Warden for Nebraska State Penitentiary; John Shaw, individually and in his former capacity as Associate Acting Warden for Nebraska State Penitentiary; Harold Clarke, Individually and in his capacity as Warden for the Nebraska State Penitentiary, Appellants, The Class of All Present and Future Female Employees at the Nebraska State Penitentiary, Julie Kouma, solely in her capacity as representative of the Defendant Female Class, The Class of All Present and Future Male Employees at the Nebraska State Penitentiary and Tony Cruz, solely in his capacity as Representative of the Defendant Male Class, Intervenors. James L. TIMM; Robert Lofquest; William H. Clark; David Piercy; Ronald R. Ell; Kerry Wells; Dale A. Brown; Douglas O'Keefe; Pete Dwyer; and Harold Irwin, Individually and on behalf of others similarly situated, Appellees, v. Frank GUNTER, individually and in his capacity as Director of Nebraska Dept. of Correctional Services; Gary Grammer, individually and in his former capacity as Warden for Nebraska State Penitentiary; John Shaw, individually and in his former capacity as Associate Acting Warden for Nebraska State Penitentiary; Harold Clarke, Individually and in his capacity as Warden for the Nebraska State Penitentiary; The Class of All Present and Future Female Employees at the Nebraska State Penitentiary, Julie Kouma, solely in her capacity as representative of the Defendant Female Class, Appellants, The Class of All Present and Future Male Employees at the Nebraska State Penitentiary, and Tony Cruz, solely in his capacity as representative of the Defendant Male Class, Intervenors. James L. TIMM; Robert Lofquest; William H. Clark; David Piercy; Ronald R. Ell; Kerry Wells; Dale A. Brown; Douglas O'Keefe; Pete Dwyer; and Harold Irwin, Individually and on behalf of others similarly situated, Appellants, v. Frank GUNTER, individually and in his capacity as Director of Nebraska Dept. of Correctional Services; Gary Grammer, individually and in his former capacity as Warden for Nebraska State Penitentiary; John Shaw, individually and in his former capacity as Associate Acting Warden for Nebraska State Penitentiary; Harold Clarke, Individually and in his capacity as Warden for the Nebraska State Penitentiary; The Class of All Present and Future Female Employees at the Nebraska State Penitentiary, Julie Kouma, solely in her capacity as representative of the Defendant Female Class; The Class of All Present and Future Male Employees at the Nebraska State Penitentiary, and Tony Cruz, solely in his capacity as Representative of the Defendant Male Class, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 26, 1990.


Attorney(s) appearing for the Case

Gregory H. Perry, Marie C. Pawol, Asst. Atty. Gen., argued, Lincoln, Neb., for Gunter.

Alan Peterson, Lincoln, Neb., for appellees.

Before McMILLIAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and BOWMAN, Circuit Judge.


BOWMAN, Circuit Judge.

This is a class action brought by inmates of the Nebraska State Penitentiary (hereinafter "NSP"). They complain that for the prison administrators to allow female guards to perform pat searches and to see them nude or partially nude violates their right to privacy. The female guards counter with equal employment claims. The decision of the District Court1 granting the inmates partial relief has left all the parties...

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