Case: Doe v. Nixon

4:08-cv-01518 | U.S. District Court for the Eastern District of Missouri

Filed Date: Oct. 8, 2008

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On October 8, 2008, several sex offenders in Missouri filed a lawsuit in U.S. District Court for the Eastern District of Missouri against the State of Missouri, several cities and counties in Missouri, and several police departments in Missouri. The plaintiffs were represented by the American Civil Liberties Union of Missouri Foundation and private counsel. They asked the court for a preliminary injunction that prevented the police from enforcing R.S.Mo. §589.426, which prohibits certain activi…

On October 8, 2008, several sex offenders in Missouri filed a lawsuit in U.S. District Court for the Eastern District of Missouri against the State of Missouri, several cities and counties in Missouri, and several police departments in Missouri. The plaintiffs were represented by the American Civil Liberties Union of Missouri Foundation and private counsel. They asked the court for a preliminary injunction that prevented the police from enforcing R.S.Mo. §589.426, which prohibits certain activities for sex offenders on Halloween night, against them. The statue stated that sex offenders must: A) avoid all Halloween-related contact with children; B) remain inside his or her residence between the hours of 5 p.m.

and 10:30 p.m.; C) post a sign at his or her residence stating, 'No candy or treats at

this residence; and D) leave all outside residential lighting off during the evening hours

after 5 p.m. The Plaintiffs also asked for a declaratory judgment stating that the statute was unconstitutional under the federal constitution.

Specifically, the plaintiffs alleged that they should not be subject to R.S.Mo § 589.426 since they were required to register as sex offenders based on convictions entered prior to June 30, 2008, which is when R.S.Mo § 589.426 was enacted. They alleged the statute was unconstitutional stating that it was ambiguous and did not give sex offenders ample notice of what conduct was prohibited.

On October 27, 2008, the District Court (Judge Carol E. Jackson) enjoined the defendants from enforcing R.S.Mo §589.426 on October 31, 2008. On October 30, 2008 the U.S. Court of Appeals (Eighth Circuit) granted the defendants motion for stay, allowing the defendants to enforce the statute on October 31, 2008.

On September 25, 2009, the District Court (Judge Carol E. Jackson) stayed all pending proceedings until State of Missouri v. Charles A. Raynor was concluded in Missouri state court. The stay was issued because Charles Raynor was charged under R.S.Mo §589.426 when he was required to register as a sex offender before the enactment of R.S.Mo. § 589.426. If the court ruled that under Missouri law, R.S.Mo. §589.426 could not apply retrospectively, the plaintiffs' case would be moot.

On October 27, 2010, the District Court (Judge Carol E. Jackson) dismissed the plaintiffs' claims as moot. This was based on the decision in State of Missouri v. Charles A. Raynor where it was ruled that R.S.Mo. §589.426 could not be enforced retrospectively against anyone required to register as a sex offender before its enactment. Since all of the plaintiffs were sex offenders who were required to register as sex offenders before R.S.Mo. §589.426 was enacted, the statute could not be enforced against them.

On August 25, 2011, the District Court (Judge Carol E. Jackson) ordered that the defendants reimburse the plaintiffs for attorneys' fees and court costs. On May 10, 2013, the U.S. Court of Appeals (Eight Circuit) ordered that the plaintiffs were not entitled to fees and costs under 42 U.S.C. § 1988. They based this on the fact that the plaintiffs' only victory was for a preliminary injunction that prevented the enforcement of R.S.Mo § 589.426 on October 31, 2008, and that this preliminary injunction was stayed. Since the plaintiffs' case was later dismissed as moot, the court ruled that they did not receive the judicial victory that was necessary for the recovery of attorney fees and court costs.

Summary Authors

Steve Vnuk (12/4/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5551246/parties/doe-i-v-nixon/


Judge(s)

Jackson, Carol E. (Missouri)

Melloy, Michael Joseph (Iowa)

Riley, William Jay (Nebraska)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Doty, Grant R. (Missouri)

Nelson, David C. (Illinois)

Rothert, Anthony [Tony] E. (Missouri)

Attorneys(s) for Defendant

Becker, Carl W. (Missouri)

Beekley, Maureen C. (Missouri)

Berry, Michael G (Missouri)

Judge(s)

Jackson, Carol E. (Missouri)

Melloy, Michael Joseph (Iowa)

Riley, William Jay (Nebraska)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Doty, Grant R. (Missouri)

Nelson, David C. (Illinois)

Rothert, Anthony [Tony] E. (Missouri)

Attorneys(s) for Defendant

Becker, Carl W. (Missouri)

Beekley, Maureen C. (Missouri)

Berry, Michael G (Missouri)

Fisher, Mark S. (Missouri)

Gunn, Patrick R. (Missouri)

Jones, Robert E. (Missouri)

Lorenz, Adam R. (Missouri)

Maharry, Peter T. (Kansas)

Merklin von Kaenel, Lorena V. (Missouri)

Morris, Mary Delworth (Missouri)

Nixon, Jeremiah (Jay) W. (Missouri)

Paperner, Howard (Missouri)

Quinn, Christopher J. (Missouri)

Swingle, H. Morley (Missouri)

Expert/Monitor/Master

Gans, Michael E. (Missouri)

Documents in the Clearinghouse

Document

Docket [PACER]

May 31, 2013 Docket
1

Complaint for Declaratory and Injunctive Relief

Oct. 3, 2008 Complaint
2

Motion for Preliminary Injunction

Oct. 3, 2008 Pleading / Motion / Brief
60

Notice of Appeal

Oct. 27, 2008 Notice Letter
59

Memorandum and Order

2008 WL 4790304

Oct. 27, 2008 Order/Opinion
61

Motion for Stay Pending Appeal

Oct. 28, 2008 Pleading / Motion / Brief
72

Order

U. S. Court of Appeals for the Eighth Circuit

Oct. 30, 2008 Order/Opinion
69

Memorandum and Order

2008 WL 4790293

Oct. 30, 2008 Order/Opinion
1

Plaintiffs' First Amended Complaint for Declaratory and Injunctive Relief and Nominal Damages

Nov. 3, 2008 Complaint
88

Judgment

U. S. Court of Appeals for the Eighth Circuit

Nov. 6, 2008 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5551246/doe-i-v-nixon/

Last updated May 20, 2022, 1:56 a.m.

ECF Number Description Date Link
1

COMPLAINT for declaratory and injunctive relief against defendant Matt Blunt, Steven Cruise, Mark Fisher, Carl A. Kinnison, Harry Morley Swingle, Jeremiah W. Nixon, Matt Blunt, Thomas O'Connor, Steven Schicker, Robert P. McCulloch with receipt number 08650000000001605683, in the amount of $350 Non−Jury Demand,, filed by Matt Blunt, Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Attachments: # 1 Civil Cover Sheet, # 2 Original Filing Form, # 3 Waiver of Service Blunt, # 4 Waiver of Service Cruise, # 5 Waiver of Service Fisher, # 6 Waiver of Service Kinnison, # 7 Waiver of Service McCulloch, # 8 Waiver of Service Nixon, # 9 Waiver of Service O'Connor, # 10 Waiver of Service Schicker, # 11 Waiver of Service Swingle)(Rothert, Anthony) (Entered: 10/03/2008)

Oct. 3, 2008
59

MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that plaintiffs' motion for preliminary injunction to enjoin enforcement of § 589.426, Mo.Rev.Stat., on October 31, 2008, 2 is granted in part and denied in part. IT IS FURTHER ORDERED that the d efendants, their agents, and any persons acting in concert with them, are enjoined from enforcing the provisions of § 589.426.1 (1) and § 589.426.1 (2), Mo.Rev.Stat., on October 31, 2008; Signed by Honorable Carol E. Jackson on 10/27/2008;(DJO)

Oct. 27, 2008 RECAP
2

MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/03/2008)

Oct. 3, 2008
69

MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that the motion of defendants Jeremiah W. Nixon and Matt Blunt to stay the order entered on October 27, 2008, 61 and the motion of defendant Robert P. McCulloch to stay 64 are denied; Signed by Honorable Carol E. Jackson on 10/30/2008;(DJO) Modified on 10/30/2008 (DJO).

Oct. 30, 2008 RECAP
178

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs' motions for leave to proceed under pseudonyms [Doc. ##3, 79] are granted. IT IS FURTHER ORDERED that the motion of defendants Chris Koster, in his official capacity as Attorney General o f the State of Missouri, and Jeremiah Nixon, in his official capacity as Governor of the State of Missouri, for leave to file a response to plaintiffs' motion for leave to proceed under pseudonyms [Doc. #93] is denied as moot. Signed by Honorable Carol E. Jackson on 4/13/09. (KXS)

April 13, 2009 RECAP
3

MOTION for Leave to TO PROCEED UNDER PSEUDONYMS by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/03/2008)

Oct. 3, 2008
194

ORDER : IT IS HEREBY ORDERED that the motions of defendants Robert P. McCulloch and Colonel Jerry Lee for a more definitive statement [Doc. ## 41 , 85 ]are denied as moot.. Signed by Honorable Carol E. Jackson on 7/21/09. (KKS)

July 21, 2009 RECAP
4

MEMORANDUM in Support of Motion re 3 MOTION for Leave to TO PROCEED UNDER PSEUDONYMS filed by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/03/2008)

Oct. 3, 2008
214

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motion to certify a question of state law to the Missouri Supreme Court [Doc. #151] is denied. (see attached order). Signed by Honorable Carol E. Jackson on 9/10/09. (KMS)

Sept. 10, 2009 RECAP
5

MEMORANDUM in Support of Motion re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, filed by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Attachments: # 1 Exhibit A − Declaration of Jane Doe I, # 2 Exhibit B − Declaration of Jane Doe II, # 3 Exhibit C − Declaration of John Doe I, # 4 Exhibit D − Declaration of John Doe II)(Rothert, Anthony) (Entered: 10/03/2008)

Oct. 3, 2008
6

MOTION to Expedite briefing and consideration of Plaintiffs' motion for preliminary injunction by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/08/2008)

Oct. 8, 2008
222

MEMORANDUM AND ORDER (See Doc 267 -VACATED only to the extent that it denies the plaintiffs' motion for costs.) : IT IS HEREBY ORDERED that the motion of defendants Robert P. McCulloch and Tim Fitch for the Court to abstain [Doc. # 187 ] is gra nted. IT IS FURTHER ORDERED that the proceedings in this action are stayed pending the resolution of state court proceedings in State of Missouri v. Charles A. Raynor, No. SC90164. IT IS FURTHER ORDERED that all other pending motions in this action are denied without prejudice. IT IS FURTHER ORDERED that the hearing on plaintiffs' second motion for preliminary injunction scheduled for Tuesday, October 6, 2009, at 9:30 a.m. is canceled.. Signed by Honorable Carol E. Jackson on 9/25/09. (KKS) Modified on 7/23/2010 (KKS).

Sept. 25, 2009 RECAP
7

MEMORANDUM in Support of Motion re 6 MOTION to Expedite briefing and consideration of Plaintiffs' motion for preliminary injunction filed by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/08/2008)

Oct. 8, 2008
267

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that plaintiffs' motion for reconsideration [Doc. # 240 ] is granted. IT IS FURTHER ORDERED that the Order entered on September 29, 2009 [Doc. # 222 ], is vacated only to the extent that it denies the plaintiffs' motion for costs. IT IS FURTHER ORDERED that plaintiffs' motion for costs associated with service on Jim Wells [Doc. # 135 ] is granted. IT IS FURTHER ORDERED that defendant Steven Wayne Korte, as Sheriff of Pike County, Missouri, is directed to pay plaintiffs $290.00 for the costs of service of summons and attorney's fees.. Signed by Honorable Carol E. Jackson on 7/23/10. (KKS)

July 23, 2010 RECAP
283

MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that the motion of defendants Robert P. McCulloch and Tim Fitch to dismiss the second amended complaint [Doc. # 232 ] is granted. IT IS FURTHER ORDERED that the motion of defendants Chris Koster, Jeremiah W. Nixon, James Corwin, and Ronald K. Replogle to dismiss the second amended complaint [Doc. # 236 ] is granted. IT IS FURTHER ORDERED that plaintiffs' motion for leave to file a third amended complaint [Doc. # 238 ] is denied. IT IS FURTHER ORDERED that plaintiffs' third motion for a preliminary injunction [Doc. # 271 ] is denied as moot. Signed by Honorable Carol E. Jackson on 10/27/2010; (DJO)

Oct. 27, 2010 RECAP
8

WAIVER OF SERVICE Returned Executed filed by Steven Schicker Steven Schicker waiver signed on 10/3/2008, answer due 12/2/2008. (Jones, Robert) (Entered: 10/09/2008)

Oct. 9, 2008
9

ENTRY of Appearance by Robert E. Jones for Defendant Steven Schicker. (Jones, Robert) (Entered: 10/09/2008)

Oct. 9, 2008
10

ENTRY of Appearance by Adam R. Lorenz for Defendant Steven Schicker. (Lorenz, Adam) (Entered: 10/09/2008)

Oct. 9, 2008
11

ORDER IT IS HEREBY ORDERED that plaintiffs motion for expedited briefing, hearing, and oral argument on their motion for preliminary injunction is DENIED without prejudice as premature denying 6 Motion to Expedite Signed by Honorable Charles A. Shaw on 10/9/08. (JWJ) (Entered: 10/09/2008)

Oct. 9, 2008
12

MEMORANDUM requesting issuance of summons by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Attachments: # 1 Summons Blunt, # 2 Summons Cruise, # 3 Summons Fisher, # 4 Summons Kinnison, # 5 Summons McCollouch, # 6 Summons Nixon, # 7 Summons O'Connor, # 8 Summons Swingle)(Rothert, Anthony) (Entered: 10/09/2008)

Oct. 9, 2008
13

NOTICE OF PROCESS SERVER by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II Process Server: Mark Rauss/Master File (Rothert, Anthony) (Entered: 10/09/2008)

Oct. 9, 2008
14

NOTICE OF PROCESS SERVER by Plaintiff Jane Doe II Process Server: John M. Mackey (Rothert, Anthony) (Entered: 10/09/2008)

Oct. 9, 2008
15

NOTICE OF PROCESS SERVER by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II Process Server: David M. Roberts/DMR Investigations, LLC (Rothert, Anthony) (Entered: 10/09/2008)

Oct. 9, 2008
16

NOTICE OF PROCESS SERVER by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II Process Server: Kellerman Investigations (Rothert, Anthony) (Entered: 10/09/2008)

Oct. 9, 2008
17

NOTICE OF PROCESS SERVER by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II Process Server: Stephen R. Waters/Waterland Litigation Services, LLC (Rothert, Anthony) (Entered: 10/09/2008)

Oct. 9, 2008

Summons Reissued as to defendantSteven Cruise, Mark Fisher, Carl A. Kinnison, Harry Morley Swingle, Matt Blunt, Jeremiah W. Nixon, Thomas O'Connor, Robert P. McCulloch.10/10/2008 summons issued. Summons emailed to Plaintiffs at tony@aclu−em.org. (NCL) (Entered: 10/10/2008)

Oct. 10, 2008
18

WAIVER OF SERVICE Returned Executed filed by Steven Schicker (Rothert, Anthony) (Entered: 10/10/2008)

Oct. 10, 2008
19

WAIVER OF SERVICE Returned Executed filed by Jane Doe I, Jane Doe II, John Doe I, John Doe II Steven Cruise waiver signed on 10/3/2008, answer due 12/2/2008. (Rothert, Anthony) (Entered: 10/15/2008)

Oct. 15, 2008
20

SUMMONS Returned Executed filed by Jane Doe I, Jane Doe II, John Doe I, John Doe II. Matt Blunt served on 10/14/2008, answer due 11/3/2008. (Rothert, Anthony) (Entered: 10/15/2008)

Oct. 15, 2008
22

ENTRY of Appearance by Howard Paperner for Defendant Thomas O'Connor. (Paperner, Howard) (Entered: 10/16/2008)

Oct. 16, 2008
23

SUMMONS Returned Executed filed by Jane Doe I, Jane Doe II, John Doe I, John Doe II. Mark Fisher served on 10/14/2008, answer due 11/3/2008. (Rothert, Anthony) (Entered: 10/16/2008)

Oct. 16, 2008
24

SUMMONS Returned Executed filed by Jane Doe I, Jane Doe II, John Doe I, John Doe II. Steven Cruise served on 10/14/2008, answer due 12/2/2008. (Rothert, Anthony) (Entered: 10/16/2008)

Oct. 16, 2008
25

SUMMONS Returned Executed filed by Jane Doe I, Jane Doe II, John Doe I, John Doe II. Carl A. Kinnison served on 10/15/2008, answer due 11/4/2008. (Rothert, Anthony) (Entered: 10/16/2008)

Oct. 16, 2008
26

SUMMONS Returned Executed filed by Jane Doe I, Jane Doe II, John Doe I, John Doe II. Harry Morley Swingle served on 10/15/2008, answer due 11/4/2008. (Rothert, Anthony) (Entered: 10/16/2008)

Oct. 16, 2008
27

SUMMONS Returned Executed filed by Jane Doe I, Jane Doe II, John Doe I, John Doe II. Robert P. McCulloch served on 10/14/2008, answer due 11/3/2008. (Rothert, Anthony) Modified on 10/21/2008; INCORRECT SUMMONS ATTACHED; RE−FILED AS DOCUMENT 35 ; (DJO). (Entered: 10/16/2008)

Oct. 16, 2008
28

SUMMONS Returned Executed filed by Jane Doe I, Jane Doe II, John Doe I, John Doe II. Thomas O'Connor served on 10/11/2008, answer due 10/31/2008. (Rothert, Anthony) (Entered: 10/16/2008)

Oct. 16, 2008
29

Second MOTION to Expedite briefing, hearing and oral argument by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/16/2008)

Oct. 16, 2008
30

MEMORANDUM in Support of Motion re 29 Second MOTION to Expedite briefing, hearing and oral argument filed by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/16/2008)

Oct. 16, 2008
31

ORDER IT IS HEREBY ORDERED that plaintiffs second motion for expedited briefing, hearing, and oral argument on their motion for preliminary injunction is GRANTED. [Doc. 29] IT IS FURTHER ORDERED that the standard briefing schedule established by the local rules will be modified as follows: (1) defendants opposition to plaintiffs motion for preliminary injunction shall be filed no later than Tuesday, October 21, 2008; (2) plaintiffs reply brief in support of their motion for preliminary injunction shall be filed no later than Thursday, October 23, 2008; (3) the Court will hold a hearing on plaintiffsmotion for preliminary injunction on Tuesday, October 28,2008 at 9:00 a.m. in Courtroom 12−N. At the hearing, the parties shall be prepared to submit proposed orders to the Court for its consideration.IT IS FURTHER ORDERED that plaintiffs shall serve written notice of its second motion for expedited briefing, hearing, and oral argument on their motion for preliminary injunction along with a copy of this order via electronic mail, facsimile, or hand−delivery on all defendants who have not entered their appearance. Plaintiffs shall file a certification with the Court by Monday, October 20, 2008 that this has been done.Granting 29 Motion to Expedite Signed by Honorable Charles A. Shaw on 10/17/08. (JWJ) (Entered: 10/17/2008)

Oct. 17, 2008
32

ENTRY of Appearance by Christopher J. Quinn for Defendants Matt Blunt, Jeremiah W. Nixon. (Quinn, Christopher) (Entered: 10/17/2008)

Oct. 17, 2008
33

ORDER − Upon review of the Court file, the undersigned concludes there are circumstances present in this case which might give rise to the need for recusal pursuant to 28 USC 455. Accordingly, IT IS HEREBY ORDERED that this case is transmitted to the Clerk of the Court for random reassignment to another district judge.. Signed by Honorable Charles A. Shaw on 10/20/2008. (MRC) (Entered: 10/20/2008)

Oct. 20, 2008
35

SUMMONS Returned Executed filed by Jane Doe I, Jane Doe II, John Doe I, John Doe II. Rober McCulloch served on 10/14/2008; (Rothert, Anthony) Modified on 10/21/2008 (DJO). (Entered: 10/20/2008)

Oct. 20, 2008
36

MEMORANDUM re 27 Summons Returned Executed, 35 Summons Returned Executed by Plaintiff Jane Doe I. (Rothert, Anthony) (Entered: 10/20/2008)

Oct. 20, 2008
37

ENTRY of Appearance by David C. Nelson for Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Nelson, David) (Entered: 10/20/2008)

Oct. 20, 2008
38

REASSIGNMENT ORDER (James G. Woodward, Clerk of Court) − On October 20, 2008 United States District Judge Charles A. Shaw entered an order of recusal that directs the Clerk of Court to assign the above styled cause to another district Judge of this Court. Accordingly, IT IS THEREFORE ORDERED that the above styled cause is randomly reassigned to the Honorable Judge Carol E. Jackson for all further proceedings. Case reassigned to Judge Honorable Carol E. Jackson for all further proceedings (MRC) (Entered: 10/20/2008)

Oct. 20, 2008
39

ORDER; IT IS HEREBY ORDERED that the hearing on plaintiffs' motion for a preliminary injunction is rescheduled for Monday, October 27, 2008, at 9:00 a.m. in Courtroom 14 North; Signed by Honorable Carol E. Jackson on 10/20/2008;(DJO) (Entered: 10/20/2008)

Oct. 20, 2008
40

ENTRY of Appearance by Lorena V. Merklin von Kaenel for Defendant Robert P. McCulloch. (Merklin von Kaenel, Lorena) (Entered: 10/21/2008)

Oct. 21, 2008
41

MOTION for More Definite Statement by Defendant Robert P. McCulloch. (Merklin von Kaenel, Lorena) (Entered: 10/21/2008)

Oct. 21, 2008
42

MEMORANDUM in Opposition re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, filed by Defendant Robert P. McCulloch. (Merklin von Kaenel, Lorena) (Entered: 10/21/2008)

Oct. 21, 2008
43

MEMORANDUM in Opposition re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, filed by Defendant Steven Schicker. (Jones, Robert) (Entered: 10/21/2008)

Oct. 21, 2008
44

MEMORANDUM in Opposition re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, filed by Defendants Matt Blunt, Jeremiah W. Nixon. (Quinn, Christopher) (Entered: 10/21/2008)

Oct. 21, 2008
45

MEMORANDUM in Opposition re 41 MOTION for More Definite Statement filed by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/22/2008)

Oct. 22, 2008
46

MOTION for Leave to File Out of Time and Memorandum in Support by Defendant Thomas O'Connor. (Paperner, Howard) (Entered: 10/22/2008)

Oct. 22, 2008
47

MEMORANDUM in Opposition re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, filed by Defendant Thomas O'Connor. (Paperner, Howard) (Entered: 10/22/2008)

Oct. 22, 2008
48

MEMORANDUM in Opposition re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, filed by Defendants Carl A. Kinnison, Harry Morley Swingle. (Attachments: # 1 Senate Bill 714, # 2 Fax Cover Sheet/Cover Letter)(DJO) (Entered: 10/23/2008)

Oct. 23, 2008
49

MOTION for Leave to File Objection Out of Time by Defendants Steven Cruise, Mark Fisher; (Attachments: # 1 Opposition of Defendants Fisher and Kruse (Cruise) to Preliminary Injunction, # 2 Senate Bill 714, # 3 Fax Cover Sheet/Cover Letter)(DJO) (Entered: 10/23/2008)

Oct. 23, 2008
51

ORDER granting 46 Motion for Leave to ; granting 49 Motion for Leave to Signed by Honorable Carol E. Jackson on 10/23/2008. (CEJ) (Entered: 10/23/2008)

Oct. 23, 2008
52

MOTION for Leave to File in Excess of Page Limitation by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/23/2008)

Oct. 23, 2008
53

REPLY to Response to Motion re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, filed by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Attachments: # 1 Exhibit E − Second Declaration of Jane Doe II, # 2 Exhibit E−1 Exhibit to Second Declaration of Jane Doe II)(Rothert, Anthony) (Entered: 10/23/2008)

Oct. 23, 2008
54

Opposition of defendants Fisher and Kruse to Preliminary Injunction (Originally filed as attachments to 49 ) re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, filed by Defendants Steven Cruise, Mark Fisher. (Attachments: # 1 Senate Bill, # 2 Fax Cover Sheet)(KKS) (Entered: 10/24/2008)

Oct. 23, 2008
55

DECLARATION filed by Plaintiff Jane Doe I re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, Supplemental Declaration in Support of Preliminary Injunction . (Rothert, Anthony) (Entered: 10/24/2008)

Oct. 24, 2008
56

DECLARATION filed by Plaintiff John Doe II re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, Supplemental Declaration in Support of Preliminary Injunction . (Rothert, Anthony) (Entered: 10/24/2008)

Oct. 24, 2008
57

DECLARATION filed by Plaintiff John Doe I re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, Supplemental Declaration in Support of Preliminary Injunction . (Rothert, Anthony) (Entered: 10/24/2008)

Oct. 24, 2008
58

DECLARATION filed by Plaintiff Jane Doe II re 2 MOTION for Preliminary Injunction to enjoin enforcement of R.S.Mo. Sect. 589.426 on October 31, 2008, . (Rothert, Anthony) (Entered: 10/24/2008)

Oct. 24, 2008
60

NOTICE OF APPEAL as to 59 Memorandum &Order,, by Defendants Matt Blunt, Jeremiah W. Nixon. Filing fee $ 455, receipt number 08650000000001631919. (Entered: 10/27/2008)

Oct. 27, 2008
65

Initial Notification and or Briefing Schedule from USCA for 60 Notice of Appeal filed by Jeremiah W. Nixon, Matt Blunt USCA Appeal Number: 08−3476;(DJO) (Entered: 10/28/2008)

Oct. 27, 2008
67

Minute Entry for proceedings held before Honorable Carol E. Jackson: Parties present for Preliminary Injunction Hearing held on 10/27/2008; Arguments heard; Preliminary Injunction Granted in part and Denied in Part; (Court Reporter: Gary Bond.) (DJO) (DJO). (Entered: 10/29/2008)

Oct. 27, 2008

***REMARK, Notice of appeal electronically retrieved by the USCA on 10/27/2008. (DLT) (Entered: 10/28/2008)

Oct. 28, 2008
62

MEMORANDUM in Support of Motion re 61 MOTION to Stay re 59 Memorandum &Order,, filed by Defendants Matt Blunt, Jeremiah W. Nixon. (Quinn, Christopher) (Entered: 10/28/2008)

Oct. 28, 2008
63

NOTICE OF APPEAL as to 59 Memorandum &Order,, by Defendant Robert P. McCulloch. (Entered: 10/28/2008)

Oct. 28, 2008
64

MOTION to Stay re 59 Memorandum &Order,, by Defendant Robert P. McCulloch. (Merklin von Kaenel, Lorena) (Entered: 10/28/2008)

Oct. 28, 2008
66

MEMORANDUM in Opposition re 64 MOTION to Stay re 59 Memorandum &Order,,, 61 MOTION to Stay re 59 Memorandum &Order,, filed by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/28/2008)

Oct. 28, 2008
68

MOTION for Extension of Time to File Answer re 1 Complaint,,, by Defendant Thomas O'Connor. (Paperner, Howard) (Entered: 10/29/2008)

Oct. 29, 2008
70

Emergency MOTION for Reconsideration re 59 Memorandum &Order,, motion to modify by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Rothert, Anthony) (Entered: 10/30/2008)

Oct. 30, 2008
71

MEMORANDUM in Support of Motion re 70 Emergency MOTION for Reconsideration re 59 Memorandum &Order,, motion to modify filed by Plaintiffs Jane Doe I, Jane Doe II, John Doe I, John Doe II. (Attachments: # 1 Exhibit)(Rothert, Anthony) (Entered: 10/30/2008)

Oct. 30, 2008
72

ORDER of USCA as to 63 Notice of Appeal filed by Robert P. McCulloch, 60 Notice of Appeal filed by Jeremiah W. Nixon, Matt Blunt USCA Appeal #: 08−3476; The Appellants' motion for stay has been considered by the Court and is hereby granted.(DJO) (Entered: 10/30/2008)

Oct. 30, 2008
73

Initial Notification and or Briefing Schedule from USCA for 63 Notice of Appeal filed by Robert P. McCulloch, 60 Notice of Appeal filed by Jeremiah W. Nixon, Matt Blunt USCA Appeal Number: 08−3510 (Attachments: # 1 Briefing Schedule)(DJO) (Entered: 10/30/2008)

Oct. 30, 2008
74

NOTICE OF APPEAL as to 59 Memorandum &Order,, by Defendant Thomas O'Connor. Filing fee $ 455, receipt number 08650000000001637159. Appeal Record due by 12/9/2008. (Attachments: # 1 Appellant's Form A, # 2 Statement of Issues on Appeal) (Entered: 10/31/2008)

Oct. 31, 2008
75

MEMORANDUM in Opposition re 70 Emergency MOTION for Reconsideration re 59 Memorandum &Order,, motion to modify filed by Defendant Thomas O'Connor. (Paperner, Howard) (Entered: 10/31/2008)

Oct. 31, 2008
76

MEMORANDUM in Opposition re 70 Emergency MOTION for Reconsideration re 59 Memorandum &Order,, motion to modify filed by Defendant Steven Schicker. (Jones, Robert) (Entered: 10/31/2008)

Oct. 31, 2008
77

AMENDED COMPLAINT against defendant all defendants Amendment to 1 Complaint,,, non−jury demand, , filed by John Doe III, John Doe IV, Jane Doe I, Jane Doe II, John Doe I, John Doe II. Related document: 1 Complaint,,, filed by John Doe I, Jane Doe II, John Doe II, Jane Doe I, Matt Blunt. (Attachments: # 1 Waiver of Service Jim Wells, # 2 Waiver of Service John Connelly, # 3 Waiver of Service James Corwin, # 4 Waiver of Service John Jordan, # 5 Waiver of Service James Keathley, # 6 Waiver of Service Jerry Lee, # 7 Waiver of Service Paul Vescovo, # 8 Waiver of Service Daniel White)(Rothert, Anthony) (Entered: 11/02/2008)

Nov. 2, 2008
78

ORDER of USCA : Motion for stay filed by appellant, Robert McCulloch, has been considered by the court and is hereby granted. 63 60 74 USCA Appeal #: 08−3510 (KKS) (Entered: 11/03/2008)

Nov. 3, 2008
79

MOTION for Leave to Proceed Under Pseudonyms (John Doe III and John Doe IV) by Plaintiffs John Doe III, John Doe IV. (Rothert, Anthony) (Entered: 11/03/2008)

Nov. 3, 2008
80

MEMORANDUM in Support of Motion re 79 MOTION for Leave to Proceed Under Pseudonyms (John Doe III and John Doe IV) filed by Plaintiffs John Doe III, John Doe IV. (Rothert, Anthony) (Entered: 11/03/2008)

Nov. 3, 2008
81

RESPONSE to Motion re 70 Emergency MOTION for Reconsideration re 59 Memorandum &Order,, motion to modify filed by Defendants Matt Blunt, Jeremiah W. Nixon. (Quinn, Christopher) (Entered: 11/03/2008)

Nov. 3, 2008
86

NOTICE OF APPEAL as to 59 Memorandum &Order,, by Defendant Robert P. McCulloch. Filing fee $ 455.(KMS) (Entered: 11/05/2008)

Nov. 3, 2008
82

ENTRY of Appearance by Lorena V. Merklin von Kaenel for Defendant Lee Jerry. (Merklin von Kaenel, Lorena) (Entered: 11/04/2008)

Nov. 4, 2008
83

MOTION for Leave to File Reply Out of Time by Defendant Robert P. McCulloch. (Merklin von Kaenel, Lorena) (Entered: 11/04/2008)

Nov. 4, 2008
84

REPLY to Response to Motion re 41 MOTION for More Definite Statement filed by Defendant Robert P. McCulloch. (Merklin von Kaenel, Lorena) (Entered: 11/04/2008)

Nov. 4, 2008
85

Second MOTION for More Definite Statement by Defendants Jerry Lee, Robert P. McCulloch. (Merklin von Kaenel, Lorena) (Entered: 11/04/2008)

Nov. 4, 2008

Receipt 4644003631 in the amount of $455.00 for NOTICE OF APPEAL/DOCKET FEE on behalf of ST. LOUIS COUNTY TREASURER (CCAM) (Entered: 11/06/2008)

Nov. 5, 2008
87

NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding 86 Notice of Appeal. Notice of Appeal filed on 11/03/2008 by Defendant Robert P. McCulloch. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE. SUBMIT FORM A &B TO EIGHTH CIRCUIT CLERKS OFFICE(DLT) (Entered: 11/06/2008)

Nov. 6, 2008
88

JUDGMENT of USCA: USCA Appeal #: No: 08−3476; No: 08−3510 ; Appellees have moved to dismiss these appeals, and appellants have filed responses stating they do not oppose dismissal. The motion to dismiss the cases is granted, and the appeals are hereby dismissed. The Court's mandate shall issue forthwith. (KKS) (Entered: 11/06/2008)

Nov. 6, 2008
89

MANDATE of USCA In accordance with the judgment of 11/06/2008, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above−styled matters. 63 Notice of Appeal filed by Robert P. McCulloch, 86 Notice of Appeal filed by Robert P. McCulloch, 60 Notice of Appeal filed by Jeremiah W. Nixon, Matt Blunt USCA #:No: 08−3476; No: 08−3510(KKS) (Entered: 11/06/2008)

Nov. 6, 2008

ORDER RECEIPT: (see receipt) Thu Nov 6 15:00:30 CST 2008 (Stamm, Katie) (Entered: 11/06/2008)

Nov. 6, 2008

***REMARK,Document 86 notice of appeal was previously filed 63 . So this document will be considered null and void, along with 87 (DLT). (Entered: 11/07/2008)

Nov. 7, 2008
90

ANSWER to 77 Amended Complaint,, by Thomas O'Connor.(Paperner, Howard) (Entered: 11/07/2008)

Nov. 7, 2008
92

MOTION to Withdraw 74 Notice of Appeal, by Defendant Thomas O'Connor. (Paperner, Howard) (Entered: 11/07/2008)

Nov. 7, 2008
93

MOTION for Leave to File Response to Motion for Leave to Proceed Under Pseudonym Out of Time by Defendants Matt Blunt, Jeremiah W. Nixon. (Quinn, Christopher) (Entered: 11/10/2008)

Nov. 10, 2008
94

MEMORANDUM in Support of Motion re 93 MOTION for Leave to File Response to Motion for Leave to Proceed Under Pseudonym Out of Time filed by Defendants Matt Blunt, Jeremiah W. Nixon. (Quinn, Christopher) (Entered: 11/10/2008)

Nov. 10, 2008

State / Territory: Missouri

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Oct. 8, 2008

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Sex Offenders living in Missouri who were required to register as sex offenders before the passage of R.S.Mo. §589.426, and did not believe they should be subject to its restrictions.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Clay County (Clay), County

State of Missouri, State

Ballwin, Missouri, Police Department (Ballwin), City

Maryland Heights, Missouri, Police Department (Maryland Heights), City

St. Louis County (St. Louis), County

Bowling Green, Missouri, Police Department (Bowling Green), City

Pike County (Pike), County

Cape Girardeau, Missouri, Police Department (Cape Girardeau), City

Cape Girardeau (Cape Girardeau), County

Kansas City, Missouri, Police Department (Kansas City), City

Manchester, Missouri, Police Department (Manchester), City

St. Louis County, Missouri, Police Department (St. Louis), County

Missouri Highway Patrol, State

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Ex Post Facto

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Amount Defendant Pays: 0

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Sex offender regulation

Affected Gender:

Female

Male