Case: Tyler v. Percich

Tyler v. Tripp

Tyler v. Tripp

No Court

U.S. Court of Appeals for the Eighth Circuit

Terri B. Payne

RECEIPT # 99604 in the amount of $ 3,4700.00 for Registry deposit pursuant to Judgment (CQL) (Entered: 05/13/1994)

ORDER will authorize a ceiling of 525 male inmates effective this date; A ceiling of 550 inmates as MSI whenever additional staff required by the court are on duty, which should not be later than April 20, l994 by Honorable Clyde S. Cahill (cc: all counsel) (CQL) (Entered: 05/13/1994)

ORDER involving the staffing of l2 add'l staff by 5/l5/94. Failure to have adequate staff by May 30, l994 may cause the Court to revert to a lower maximun ceiling for detainees at MSI by Honorable Clyde S. Cahill (cc: all counsel) (CQL) (Entered: 05/13/1994)

INTERIM ORDER Effective 6/2l/94 -9/6/94; City Jail Maximum 228 males; MSI maximum 580 males; further the court denies the request of pltff atty for the pltff to hold evidentiary procedures at this time; further details see order by Honorable Clyde S. Cahill (cc: all counsel) (CQL) (Entered: 07/06/1994)

ORDER by Honorable Clyde S. Cahill Court now schedules an evidentiary hearing to begin on Thursday, Sept. 8, 1994, at 10:30 am. Members of the Jail Population Committee are invited to submit their evaluations, suggestions, or critiques in writing before Sept. 7, 1994. ; In- court hearing 9/8/94 (cc: all counsel) (MRC) (Entered: 07/27/1994)

PROPOSED Plan for construction submitted by defendant St. Louis, City of (CQL) (Entered: 08/03/1994)

ORDER by Honorable Clyde S. Cahill ; In-court hearing 9/14/94 at 10:30 a.m. evidentiary hearing concerning the plans for new jail construction by the City of St. Louis be continued . . . ; FURTHER ORDERED the extension of its order setting the maximum ceiling for detainees in he City Jail and the MSI be further extended to 10/1/94, unless changed by furher order of the court Resp to court ddl 10/1/94 (cc: all counsel) (SET) (Entered: 08/29/1994)

ORDER St. Louis Sheriff not receive any add'l prisoners to be transported to the City Jail or MSI on writs of habeas corpus ad prosequendum and ad testificandum that officials at City Jail/MSI shall not admit any such prisoners; Further Ordered that Director of Board of Probation/Parole State of Mo. remove from the City Jail and MSI and transfer to other facilities its parole and probation violators, and not deliver any more persons charged solely with parole or probation violations before 9/l6/94. by Honorable Clyde S. Cahill (cc: all counsel) (CQL) (Entered: 08/29/1994)

ORDER If necessary the officials of the St. Louis Dept of corrections are ordered to release upon special recognizance as many probation violators as necessary in order to reduce the jail population to the number of beds available in the City Jail and MSI, and under no circumstances to exceed 595 male detainees; The Court is now attempting to effecutuate a contract between St. Louis and Illinois Jails, etc.; On Monday August 29, l994 the Court will issue a memorandum and order setting forth detailed info and specific orders concerning this matter by Honorable Clyde S. Cahill (cc: all counsel) (CQL) (Entered: 08/29/1994)

RULED DOCUMENT Send copies of Orders to Division l6 Judge(Tim Wilson), Municipal Courts Building, l320 Market St. St. Louis, Mo. 63l03 by Honorable Clyde S. Cahill (cc: all counsel) (CQL) (Entered: 08/29/1994)

INTERIM ORDER - Requiring Agencies to submit to the Court for approval a contract for rental space of the jail facility located in Belleville; and other conditions by which overcrowding may be addressed by Honorable Clyde S. Cahill (cc: all counsel) (CQL) (Entered: 09/02/1994)

MEMORANDUM in Compliance with Court Order by defendant St. Louis, City of re: order [11-1] (CQL) (Entered: 09/02/1994)

MEMORANDUM - Agreement for Provision of Jail Services signed by parties by defendant St. Louis, City of re: order [11-1] (CQL) (Entered: 09/02/1994)

ORDER by Honorable Clyde S. Cahill ;hearing 10/14/94 at 10:00 a.m. The Court HEREBY ORDERS and directs the St. Louis Commissioner of Corrections to release on their personal recognizance any detainees charged solely w/violation of the conditons of their probation when brought to the jail or the Medium Security Insitution (MSI). These released detainees must report to Divison No. l6 (Criminal Assignment) of the Circuit Court, the Honorabale Timothy J. Wilson presiding, on Friday 10/14/94 at 10:00 a.m. to receive the further orders of that court. All released persons must sign a statement promising to appear in Division l6 of the St. Louis Circuit Court on the assigned date. (cc: all counsel) (SET) (Entered: 09/13/1994)

MINUTES: before Honorable Clyde S. Cahill - Parties present for hearing on "jail issues". Court exhibit from speaker, Steven Douglas, left with court. Recessed until Tuesday, Sept. 20, 1994 at 10:30 am. ; In-court hearing 9/14/94 court reporter: Roseanne Hamilton (MRC) (Entered: 09/16/1994)

MINUTES: before Honorable Clyde S. Cahill: Testimony heard, "Jail Issuess" Cause recessed to 9/23/94 at 10:30 a.m. court reporter: G. Bond (SET) (Entered: 09/27/1994)

INTERIM ORDER by Honorable Clyde S. Cahill -- ORDERED that these procedures are to be effective on the date of filing and are to remain in effect unless amended or vacated by this Court......The Court will not command the use of more stringent actions unless they become absolutely essential. SO ORDERED. (cc: all counsel) (KCM) (Entered: 10/06/1994)

MEMORANDUM by defendant St. Louis, City of in support of motion for joinder of the State of Missouri. (LAH) (Entered: 03/06/1995)

MEMORANDUM by plaintiff Billy Joe Tyler, plaintiff John Fitzpatrick, plaintiff Richard Belleville in re: mtn. for joinder of the State of Missouri (LAH) (Entered: 03/06/1995)

MOTION by defendant St. Louis, City of(By the Circuit Judges of the 22nd Judicial Circuit) for reconsideration/vacate Order , to stay pending appeal with Memorandum in Support (CQL) Modified on 10/17/1994 (Entered: 10/17/1994)

RULED DOCUMENT Granting State of Mo REquest to file suggestions in Excess of l5 pages by Honorable Clyde S. Cahill (cc: all counsel) (CQL) (Entered: 10/17/1994)

RESPONSE by movant State of Missouri to motion for joinder of the State of Missouri. (LAH) (Entered: 03/06/1995)

ORDER The Court extends its order directing the commissioner of Corrections to place all probation violators on personal recognizance to ll/l4/94. *Other details see order by Honorable Clyde S. Cahill (cc: all counsel) (CQL) (Entered: 10/24/1994)

AFFIDAVIT of Timothy J. Wilson (CQL) (Entered: 10/25/1994)

MOTION by plaintiff Billy Joe Tyler for attorney fees for interim fee award (CQL) (Entered: 10/25/1994)

NOTICE OF APPEAL filed by defendant St. Louis, City of, movant State of Missouri re: the District Court decision ; [23-1], [17-1], [14-2], [11-1], [9-1], [8-1] fee: $ 105.00 (MRC) (Entered: 10/31/1994)

RECEIPT # 104036 in the amount of $ 105.00 for Notice of Appeal (MRC) (Entered: 10/31/1994)

RULED DOCUMENT by Honorable Clyde S. Cahill granting motion for attorney fees for interim fee award [25-1] in amount of $23,570.02 (cc: all counsel) (CQL) (Entered: 11/03/1994)

DELIVERED TO USCA - 1 Civil Appeal Cover Sheet, 2 Certified Copies of Notice of Appeal, 2 Certified Copies of Clerk's Docket entries, 2 copies of ORDER (CSC) filed 08/26/94, 2 copies of ORDER (CSC) filed 09/08/94, 2 copies of ORDER (CSC) filed 09/29/94), and 2 copies of ORDER (CSC) filed (10/18/94). Copy of NOA to Judge Cahill. cc: NOA and clerk's docket entries to parties. (FCE) (Entered: 11/01/1994)

LETTER by USCA re: Appeal Filed Appeal #94-3646EMSL (LSD) (Entered: 11/09/1994)

RESPONSE by plaintiff Billy Joe Tyler, et al to motion to stay pending appeal [20-2] (CQL) (Entered: 11/17/1994)

NOTIFICATION AND BRIEFING SCHEDULE (USCA) FILED USCA #: 94-3646EMSL : Mthd of Appndx Prep Due: 11/28/94 Designation of record & Statement of Issues-Appellant 11/28/94 Desgination of Record -Appellee 12/8/94 Transcript Due: 12/28/94 Joint Appendix (3 copies) 1/9/95 Briefs-Appellant w/addendum 1/9/95 Brief Appellee 2/8/95 and Reply Brief 2/22/95 (SET) (Entered: 11/25/1994)

ORDER FROM USCA copy filed adding attorney Richard A. Ahrens for City of St. Louis USCA number: 94-3646 The mtn of the Circuit Judges of the Twenty-Second Judicial Circuit for Stay of the district Court's orders of 9/29/94 and of 10/18/94 pending appeal is granted w/attached cover letter (SET) Modified on 11/30/1994 (Entered: 11/25/1994)

GENERIC SCHEDULING EVENT ; response to court ddl satisfied. (CQL) (Entered: 12/12/1994)

LETTER from USCA re: corrected caption - the new caption lists Edward F. Tripp, James W. Murphy and the City of St. Louis as Appellees to the appeal (w/attached copy of corrected caption) (SET) (Entered: 12/19/1994)

TRANSCRIPT filed from "Jail Issues" of 9/20/94; court reporter: Gary Bond (SET) (Entered: 12/19/1994)

ORDER FROM USCA copy filed USCA number: 94-3646 Orders of the District Court of 9/29/94 and l0/l8/94 are vacated and remanded to the District court for Further review. (CQL) (Entered: 01/03/1995)

SUGGESTIONS IN SUPPORT of reinstatement by plaintiff Billy Joe Tyler, plaintiff John Fitzpatrick, plaintiff Richard Belleville re: order [35- 1] (ARL) (Entered: 01/10/1995)

RULED DOCUMENT by Honorable Carol E. Jackson GRANTED re Emergency Request that Commissioner of Corrections be allowed to receive 13 pretrial detainess now temporarily housed in Div. 16 of the St. Louis Circuit Court. (cc: all counsel) (ARL) (Entered: 01/20/1995)

RULED DOCUMENT by Honorable Carol E. Jackson SO ORDERED re Judge Jimmie M. Edwards' Order of 1/17/95 is hereby VACATED in its entirety due to the Circuit Court's lack of subject matter jurisdiction (cc: all counsel) (ARL) (Entered: 01/20/1995)

MEMORANDUM IN OPPOSITION to reinstatment of prior orders by defendant St. Louis, City (Judges of the 22nd Judidical Circuit) of re: order [35-1] (KCM) (Entered: 01/24/1995)

ORDER by Honorable Edward L. Filippine Case reassigned to Honorable Carol E. Jackson until further order of the Court. (cc: all counsel) (KCM) (Entered: 01/24/1995)

TRANSCRIPT filed from hearing of 9/14/94; court reporter: Rosanne A. Hamilton (FCE) (Entered: 01/27/1995)

ORDER by Honorable Carol E. Jackson that the Sheriff of the City of St. Louis is granted permission to transport the fourteen individuals to the Macoupin County, Illinois Jail and keep them in custody there until 12:00 p.m. on Monday 2/6/95. IT IS FURTHER ORDERED that the Sheriff shall present to the Court a status report at 9:00 a.m. on Monday, 2/6/95 (cc: all counsel) (FCE) (Entered: 02/08/1995)

OPINION/MANDATE from (USCA) remanding the matter back to District Court [Appeal [26-1] ] (cc: all counsel) (KCM) (Entered: 02/15/1995)

MEMORANDUM by defendant James W. Murphy re: in response to order [43-1] (KCM) (Entered: 02/15/1995)

ORDER by Honorable Carol E. Jackson -- ORDERED that the Sheriff of the City of St. Louis is granted permission to transport the three individuals to the Bond County, Illinois Jail and keep thim in custody there until 12:00 p.m. on Wednesday, February 15, 1995. (cc: all counsel) (KCM) (Entered: 02/15/1995)

ORDER by Honorable Carol E. Jackson - IT IS HEREBY ORDERED and directed to permit Frank Susman, as appt'd representative of this Court, free and ready access to your facility and your records, as they may pertain to prisoners under the original jurisdiction of the City of St. Louis and/or its Sheriff and to such prisoners themselves, all as may be reasonably requested by him. (cc: all counsel) (LAH) (Entered: 02/23/1995)

ORDER by Honorable Carol E. Jackson , ; In-court hearing 3/7/95 at 9 am (cc: all counsel) (KCM) (Entered: 03/01/1995)

ORDER by Honorable Carol E. Jackson -- ORDERED the Sheriff of the City of St. Louis shall on or before 3-7-95 submit to the Court .......list of jail facilities with the State of Missouri.....ORDERED pltfs' counsel shall on or before 4-7-95 conduct an inspection of the jail facilities identified on the list submitted by the Sheriff........ORDERED that no additional pretrial detainees shall be transported by the Sheriff to any jail facility identified on the list until pltf's counsel has inspected such facility.......ORDERED the Sheriff of the city of St. Louis shall, on or before 3-7-95 at 9:00 a.m. provide the Court with a report setting forth the number of pretrial detainees that are currently being held in his custody in the St. Clair County Illinois and Macoupin County, Illinois jails. (cc: all counsel) (KCM) (Entered: 03/01/1995)

ORDER by Honorable Carol E. Jackson - IT IS HEREBY ORDERED that the motion of "defendants" George M. Kinsey and Lawrence T. Brown to join additional parties filed March 29, 1988 is DENIED without prejudice. (cc: all counsel) (LAH) (Entered: 03/07/1995)

MINUTES: before Honorable Carol E. Jackson; parties present for status hearing; Deft Tripp's atty to submit proposal to the Court by 3/17/95; Lorenz & Sherrif Murphy to submit written findings to the Court re holdover matters; Court will not permit any add'l detainees to be placed in Illinois facilities; Court to enter order decreasing cap at MSI from 580 to 550; Court will delay effectivenes of said order for 48 hours; Court will schedule another meeting after city's proposal is submitted; court reporter: G. Bond (FCE) (Entered: 03/10/1995)

ORDER by Honorable Carol E. Jackson re memorandum & reports to be submitted to the Court; transporting, location, and other aspects of detaining detainees; capacities of certain of facilities (see order for furthers particulars) (cc: all counsel) (FCE) (Entered: 03/13/1995)

ORDER by Honorable Carol E. Jackson that the Sherifs, Chiefs of Police and other correctional authorities of the cities and/or counties of Arnold, etc. are directed to permit Frank Susman free and ready access to your facility for purposes of inspection, and to your records as they may pertain to prisoners under the original jurisdiction of the City of St. Louis and/or its Sheriff, and to such prisoners themselves, all as may be reasonably requested by him (see order for further particulars) (cc: all counsel) (FCE) (Entered: 03/15/1995)

ORDER by Honorable Carol E. Jackson that the defts shall not be assessed fines, nor shall any other sanction be imposed, by reason of the confinement of as many as 580 male inmates at the St. Louis Medium Security Institution during the period beginning on 8/25/94 and ending at 5:00 p.m. on 3/9/95 or by reason of the confinement of as many as 68 female inmates at MSI during the period beginning on 9/29/94 and ending on 3/7/95. IT IS FURTHER ORDERED that nothing contained herein shall be construed as precluding the submission of any request for the assessment of fines or sanctions, or the Court's imposition thereof, based on any reason not described above. (cc: all counsel) (FCE) (Entered: 03/15/1995)

MEMORANDUM IN SUPPORT by defendant St. Louis, City of re the City's Proposal to increase the population cap at the city jail w/ attachments (FCE) (Entered: 03/20/1995)

RULED DOCUMENT by Honorable Carol E. Jackson Granting dft, City of St. Louis through 3/31/95 to file memo addressing effect of Violent Crime and Law Enforcement Act of 1994 on this case (cc: all counsel) (FCE) (Entered: 03/23/1995)

MOTION by defendant James W. Murphy for order to allow sheriff of St. Louis to transport pre-trial detainees (FCE) (Entered: 03/23/1995)

ORDER by Honorable Carol E. Jackson granting motion for order to allow sheriff of St. Louis to transport pre-trial detainees [57-1] at the facilities located in Pike County and Caroll County in addition to facilities identified on the list submitted to the Court on 3/7/95 (cc: all counsel) (FCE) (Entered: 03/23/1995)

ORDER by Honorable Carol E. Jackson To: Sheriffs, CHiefs of police and other correctional authorities of the cities and/or counties of Galena, Joplin, Montgomery, Montgomery City, Montgomery City, Neobsho, Newton and Stone, MO, are ordered to permit Frank Susman, as appointed rep of this Court, free and ready access to your facility for purposes of inspection, and to your records as they may pertain to prisoners under the original jurisdiction of the City of St. Louis and/or its Sheriff, and to such prsoners themselves, all as may be reasonably requested by him. (cc: all counsel) (FCE) (Entered: 03/23/1995)

MOTION by defendant St. Louis, City of for order to allow city of St. Louis to transport pre-trial detainees (LSD) (Entered: 03/29/1995)

ORDER by Honorable Carol E. Jackson granting motion for order to allow city of St. Louis to transport pre-trial detainees [60-1] ORDERED that the Sheriff of the City of St. Louis may transport & house pre-trial detainees at the facilities located in Montgomery Co., Newton Co., Stone Co., & Joplin, MO in addition to those facilities identified on the list submitted to the court on 3/7/95. (see order for details)(cc: all counsel) (LSD) (Entered: 03/29/1995)

MEMORANDUM by defendant St. Louis, City of re the effect on this case of the "Helms Amendment" to the violent crime control and law enforcement act of 1994 (FCE) (Entered: 03/31/1995)

MOTION by plaintiffs' atty Frank Susman for order for an add'l periodic & interim award of attys' fees and costs w/ breakdown of fees & expenses attached (FCE) (Entered: 04/03/1995)

RESPONSE (Suggestions) fld. by plaintiffs in opposition to City's proposals to expand the population cap at the St. Louis City Jail (14th St.) (LAH) (Entered: 04/05/1995)

ORDER by Honorable Carol E. Jackson that defts shall, on or before April 20, 1995, provide the Court w/ a written report indicating the name and date of initial confinement of any member of the plntf class currently detained in St. Clair County and/or Macoupin County, Illinois (cc: all counsel) (FCE) (Entered: 04/12/1995)

MOTION by plntfs for order for the return of all City of St. Louis prisoners to jail facilites w/in the State of Missouri, for order for a limit on stays in all jail facilities outside the City of St. Louis, and for contempt w/ attachment (FCE) (Entered: 04/21/1995)

RESPONSE to court by defendant St. Louis, City of [65-1]; REPORT showing the names and dates of initial confinement of the City prisoners who are currently housed in Macoupin Count and St. Clair County (FCE) (Entered: 04/21/1995)

MEMORANDUM by defendant St. Louis, City of re city's proposal to increase the population cap at the City Jail w/ attachments (FCE) (Entered: 04/27/1995)

RESPONSE by deft St. Louis, City of to motion for order for the return of prisoners to Missouri [66-1], to motion for order for a limit on stays [66-2], to motion for contempt [66-3] (FCE) (Entered: 04/28/1995)

RESPONSE by plaintiffs to "Report" of Alfred Bennett filed by deft City of St. Louis [68-1] (FCE) (Entered: 05/03/1995)

GENERIC SCHEDULING EVENT ; In Court Hearing satisfied (LAH) (Entered: 05/04/1995)

ORDER by Honorable Carol E. Jackson granting plntf's motion for order for atty fees [63-1] in the amt of $15,836.00 in fees and $3,125.65 in costs against the defts (cc: all counsel) (FCE) (Entered: 05/10/1995)

MOTION by plaintiffs for contempt (FCE) (Entered: 07/03/1995)

RESPONSE by defendant St. Louis, City of to motion for contempt [72- 1] w/ exhibits A and B attached (FCE) (Entered: 07/11/1995)

REPLY by plntfs to deft City's response to motion for contempt/summary judgment [72-1] (FCE) (Entered: 07/20/1995)

MOTION & affidavit by plaintiffs' counsel for attorney fees and costs w/ exhibit A attached (FCE) (Entered: 09/19/1995)

ORDER by Honorable Carol E. Jackson granting motion for additional periodic and interim award of attys' fees and costs [75-1]. It Is Further Ordered that defts shall pay to pltffs' counsel the sum of $11,924.03, representing the interim attys' fees and costs incurred during the period of March 8, 1995 through August 14, 1995. (cc: all counsel) (LAH) (Entered: 12/07/1995)

MOTION by plaintiff to compel , for contempt (LAH) (Entered: 04/05/1996)

RESPONSE by defts to motion to compel [77-1], to motion for contempt [77-2] (FCE) (Entered: 04/16/1996)

MOTION by deft City of St. Louis for order for approval of new detention facility and other matters (FCE) (Entered: 05/20/1996)

RESPONSE by plntfs to motion for order for approval of new detention facility and other matters [79-1] (FCE) (Entered: 05/21/1996)

MOTION by plntf to compel or for contempt w/ memorandum in support and exhibit A attached (FCE) (Entered: 05/23/1996)

ORDER by Honorable Carol E. Jackson denying as moot motion to compel [81-1], denying as moot motion for contempt [81-2] (cc: all counsel) (FCE) (Entered: 06/03/1996)

MOTION by plntfs & deft City of St. Louis for order to adopt "technical probation violator" & to establish population cap for technical probation violators w/ memorandum in support & exhibit attached (FCE) Modified on 09/04/1996 (Entered: 09/04/1996)

ORDER by Honorable Carol E. Jackson granting motion for order to adopt "technical probation violator" & to establish population cap for technical probation violators [83-1]; the number of technical probation violators detained in St. Louis City's detention facilities shall not exceed 20 prisoners at any given time (see order for further particulars) (cc: all counsel) (FCE) (Entered: 09/23/1996)

LETTER w/ attachments (cc:'d to Judge Jackson) from attorney James L. Matchefts to Honorable James R. Dowd re Joint Motion & Memorandum filed in District Court (FCE) (Entered: 10/09/1996)

MOTION by plntfs for interim award of attorneys' fees & copsts w/ exhibit A attached (FCE) (Entered: 10/11/1996)

MOTION by deft City of St. Louis to extend deadline until 12/31/96 for reducing the City's population of technical probation violators to 20 (FCE) (Entered: 11/13/1996)

RESPONSE in opposition by plaintiff to motion to extend deadline until 12/31/96 for reducing the City's population of technical probation violators to 20 [88-1] (KCM) (Entered: 11/13/1996)

MOTION by plaintiffs for contempt for failure to comply with this court's prior order (KCM) (Entered: 11/13/1996)

ATTORNEY APPEARANCE for defendant James W. Murphy by Gerard T. Carmody, James F. Bennett, as co-counsel (KCM) (Entered: 11/19/1996)

MOTION by defendant James W. Murphy for order to dissolve , and for reconsideration of its orders of 9-16 and 9-24-96 (KCM) (Entered: 11/19/1996)

MOTION by defendant James W. Murphy to stay orders of 9-16 and 9- 24-96 pending consideration of motion to dissolve and reconsider (KCM) (Entered: 11/19/1996)

AFFIDAVIT of James W. Murphy (KCM) (Entered: 11/19/1996)

MOTION by defendant James W. Murphy for hearing on motion to dissolve and reconsider (KCM) (Entered: 11/19/1996)

RESPONSE by defendant James W. Murphy to motion for contempt for failure to comply with this court's prior order [89-1] (KCM) (Entered: 11/25/1996)

ORDER by Honorable Carol E. Jackson denying motion to extend deadline until 12/31/96 for reducing the City's population of technical probation violators to 20 [88-1], denying motion for reconsideration of its orders of 9-16 and 9-24-96 [91-2], denying motion for order to dissolve [91-1], denying as moot motion for hearing on motion to dissolve and reconsider [92-1], denying as moot motion to stay orders of 9-16 and 9- 24-96 pending consideration of motion to dissolve and reconsider [93-1], denying motion for contempt for failure to comply with this court's prior order [89-1] (cc: all counsel) (FCE) (Entered: 12/10/1996)

LETTER from the Court to J. Armentrout re: complaints of jail conditions (KCM) (Entered: 12/24/1996)

ORDER by Honorable Carol E. Jackson granting motion for interim award of attorneys' fees & copsts [87-1] ORDERED the pltf is awarded the sum of $10,171 as attys' fees and $228.48 as costs. (cc: all counsel) (KCM) (Entered: 12/24/1996)