Case: Tyler v. Percich

4:74-cv-00040 | U.S. District Court for the Eastern District of Missouri

Filed Date: Jan. 18, 1974

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On January 18, 1974, incarcerated people of the St. Louis City Jail filed a class action lawsuit under 42 U.S.C. § 1983 in the United States District Court for the Eastern District of Missouri against the City of St. Louis, its Department of Public Safety, and the St. Louis Sheriff. The plaintiffs, represented by private counsel and the American Civil Liberties Union of Eastern Missouri, sought injunctive relief, alleging that overcrowding at the St. Louis City Jail produced conditions which vi…

On January 18, 1974, incarcerated people of the St. Louis City Jail filed a class action lawsuit under 42 U.S.C. § 1983 in the United States District Court for the Eastern District of Missouri against the City of St. Louis, its Department of Public Safety, and the St. Louis Sheriff. The plaintiffs, represented by private counsel and the American Civil Liberties Union of Eastern Missouri, sought injunctive relief, alleging that overcrowding at the St. Louis City Jail produced conditions which violated their constitutional rights. The United States initially participated as amicus curiae.

On October 2, 1974, the United States District Court for the Eastern District of Missouri (Judge John K. Regan) ordered the closure of the St. Louis City Jail. The court stayed its order for 30 days to allow the city to improve conditions at the jail. To avoid closure, the court ordered the St. Louis Jail (1) to have two guards on each floor at all times, (2) to follow cell occupancy limits, (3) to cease giving incarcerated people authority over one another, and (4) to promptly transport sick and injured individuals to medical facilities. The court also capped jail capacity at 228 prisoners.

The City appealed. The file contains internal documents showing that the United States considered filing an amicus curiae brief to represent the federal government's interest in litigation involving a recently surveyed facility. On the court's order, the United States' status was changed from amicus curiae to intervener for the plaintiff on December 10, 1974.

On December 29, 1975, the court denied motions by the United States to enjoin the city (1) from transferring prisoners from the St. Louis City Jail to other facilities in the county and (2) to improve visitation and recreation for inmates. First, the United States challenged the practice of housing overflow detainees at Central Police Holdover because conditions at Holdover were more restrictive than at the jail. Second, the United States alleged that visitation facilities and recreational opportunities were too scarce for all inmates to enjoy their benefits.

The Assistant Attorney General for the Civil Rights Division of the Department of Justice initially recommended that the United States appeal the denial on March 1, 1976. By April 20, 1976, it appears that the Department of Justice had abandoned that plan because to appeal would be effectively to ask the court to hold the St. Louis Jail to higher standards than 90% of the facilities operated by the Federal Bureau of Prisons. On March 29, 1977, the Civil Rights Division recommended the case be closed, which was done on April 7, 1977.

On September 19, 1977, the matter was reopened for investigation of alleged double-celling. The Department of Justice chose not to pursue the allegations because double-celling had ended when the jail finished remodeling its facilities.

In 1982, the plaintiffs asked the court to hold the defendants in contempt of court for housing more than 228 prisoners at the St. Louis Jail. During evidentiary hearings, it became apparent that the St. Louis Jail still regularly housed overflow inmates at the Holdover. The court concluded that Holdover had effectively become an extension of the jail and, therefore, was subject to the terms of the injunction. Conditions in the overflow facilities, however, fell far below the mark. For instance, prisoners at Holdover could not wash their hands or shower, had no beds to sleep on, and were given neither towels nor toilet paper. Prisoners also lacked clean clothing, bedding, and toothbrushes.

On September 4, 1984, the court (Judge Clyde S. Cahill, Jr.) ordered that Holdover be closed as a jail facility and decreed that no prisoner would be held at Holdover for more than twenty-four hours. Tyler v. United States v. Schweitzer, 602 F. Supp. 476 (E.D. Mo. 1984). Although the court found the City in contempt, it concluded that a court order was not necessary because the City had already voluntarily taken remedial steps. The court also set a new population cap for the St. Louis City Workhouse, which it thought could be used to house jail overflow. The court awarded the plaintiffs attorney's fees and costs.

On April 11, 1990, the court increased the population cap for the St. Louis City Workhouse from 450 people to 481. Tyler v. United Stats v. Murphy, 737 F. Supp. 531 (E.D. Mo. 1990). The court mandated increases in staff and ordered the city to maintain per-individual food, clothing, medical and dental expenditures. The court also ordered the City to submit a plan for electronic shackling and house arrest. The court discussed the social problems that contribute to jail overcrowding and suggested that simply building more jails would not necessarily resolve the problem. The court suggested that jail overcrowding could be addressed by expediting criminal trials, increasing the use of bail bonds, home arrest, and closing the jail to military arrestees, parole violators, and convicts awaiting other trials.

From 1993 to 1994, the court considered the problem that parole violators posed for already overcrowded jails. The court placed caps on the number of parole violators who could be housed at the Workhouse. In 1994, the United States Court of Appeals for the Eighth Circuit ordered the lower court to reconsider the cap on parole violators. On September 16, 1996, the District Court issued an order capping at twenty the number of parole violators who could be detained at the Workhouse. The court's order required the Workhouse to release parole violators arrested after the facility was at capacity, even if open beds were available. When the district court refused the St. Louis Sheriff's request to dissolve the injunction pursuant to the Prison Litigation Reform Act (PLRA), the Sheriff appealed. On February 5, 1998, the Eighth Circuit (Judge James B. Loken) reversed, holding that the injunction should be dissolved under the PLRA because it predated the PLRA. Tyler v. Murphy, 135 F.3d 594 (8th Cir. 1998).

In April 1999, the City of St. Louis announced that the St. Louis City Jail would be demolished and replaced by a new facility, scheduled to be complete in 2002. On April 6, 2000, the parties entered a stipulation for dismissal of the case, which the court (Judge Carol E. Jackson) approved. On May 24, 2000, the court granted the plaintiffs' motion for attorney fees and costs.

Summary Authors

Elizabeth Chilcoat (6/27/2006)

People


Judge(s)

Bright, Myron H. (North Dakota)

Cahill, Clyde S. Jr. (Missouri)

Jackson, Carol E. (Missouri)

Lay, Donald Pomery (Minnesota)

Loken, James B. (Minnesota)

Regan, John Keating (Missouri)

Webster, William Hedgcock (Missouri)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Guilfoil, Thomas (Missouri)

Pottinger, J. Stanley (District of Columbia)

Judge(s)

Bright, Myron H. (North Dakota)

Cahill, Clyde S. Jr. (Missouri)

Jackson, Carol E. (Missouri)

Lay, Donald Pomery (Minnesota)

Loken, James B. (Minnesota)

Regan, John Keating (Missouri)

Webster, William Hedgcock (Missouri)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Guilfoil, Thomas (Missouri)

Pottinger, J. Stanley (District of Columbia)

Susman, Frank (Missouri)

Attorneys(s) for Defendant

Ahrens, Richard A. (Missouri)

Arthur, Jennifer M. (Missouri)

Banks, Eric K (Missouri)

Belscher, A. Robert (Missouri)

Bennett, James F. (Missouri)

Carmody, Gerald T. (Missouri)

Coultas, Anthony J. (Missouri)

Dierker, Robert H. Jr. (Missouri)

Dittmeier, Thomas E. (Missouri)

Downey, Joseph (Missouri)

Dylewski, Donald G. (Missouri)

FitzGibbon, John J. (Missouri)

Franz, William M. III (Texas)

Gardner, Gary L. (Missouri)

Kovac, Stephen J. (Missouri)

Lee, Charlie (Missouri)

Matchefts, James L. (Missouri)

McLaurin, Phillip (Missouri)

Mummert, Thomas C. III (Missouri)

Murphy, James W. (Missouri)

Ray, Thomas J. (Missouri)

Schweitzer, Gordon (Missouri)

Stelzer, Michael F. (Missouri)

Taborn, Tyrone A. (Missouri)

Walsh, Thomas C. (Missouri)

Wilson, Timothy J. (Missouri)

Witherspoon, Brian (Missouri)

Yates, Carl W III (Missouri)

Other Attorney(s)

Arnold, John Fox (Missouri)

Behm, James (Missouri)

Cheng, Christopher N. (District of Columbia)

Farmer, Bruce (Missouri)

Hamilton, Jean Constance (Missouri)

Landsberg, Brian K. (District of Columbia)

Lawrenz, Jerry (Missouri)

Lazier, Wellington (Missouri)

Moore, Joseph B. (Missouri)

Munich, John R. (Missouri)

Nixon, Jeremiah (Jay) W. (Missouri)

Queen, Jesse H. (District of Columbia)

Schultz, Gene (Missouri)

Shea, Quinlan J. Jr. (District of Columbia)

Short, Barry A. (Missouri)

Stohr, Donald J. (Missouri)

Thompson, Curtis F. (Missouri)

Waxenberg, Michael (Missouri)

Whinston, Stephen A. (District of Columbia)

Expert/Monitor/Master

Fitzgibbons, John J. (Missouri)

Documents in the Clearinghouse

Document

Civil Docket

Tyler v. Tripp

March 11, 1994 Docket

Docket [PACER]

Tyler v. Tripp

Feb. 28, 2003 Docket

Order

Oct. 2, 1974 Order/Opinion

Memorandum Opinion

Oct. 15, 1974 Order/Opinion

Memorandum for the Solicitor General

No Court

Nov. 6, 1974 Justification Memo

Judgment

U. S. Court of Appeals for the Eighth Circuit

Dec. 10, 1974 Order/Opinion

Memorandum of the U.S. in Opposition to Defendants' Motion to Amend Judgment

Jan. 20, 1975 Pleading / Motion / Brief

Motion of U.S. for Injunctive Relief

March 6, 1975 Pleading / Motion / Brief

Reply Memorandum to United States Memorandum

March 7, 1975 Pleading / Motion / Brief

Order

April 11, 1975 Order/Opinion

Resources

Title Description External URL

Judicial Policy-Making in Institutional Reform Litigation: Analysis of an Activist Bench in the Saint Louis City Jail Case

Terri B. Payne

This paper examined the nature and criticisms of judicial policymaking in the context of institutional reform litigation generally and prison reform litigation specifically. After a discussion of the… Sept. 15, 2006

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

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

March 31, 1994
2

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)

April 11, 1994
3

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)

April 22, 1994
4

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)

June 21, 1994
5

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)

July 25, 1994
6

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

Aug. 1, 1994
7

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)

Aug. 25, 1994
8

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)

Aug. 26, 1994
9

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)

Aug. 26, 1994
10

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)

Aug. 29, 1994
11

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)

Aug. 30, 1994
12

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

Aug. 31, 1994
13

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)

Aug. 31, 1994
14

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)

Sept. 8, 1994
15

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)

Sept. 14, 1994
16

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)

Sept. 20, 1994
17

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)

Sept. 29, 1994
18

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

Oct. 6, 1994
19

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)

Oct. 12, 1994
20

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)

Oct. 13, 1994
21

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)

Oct. 17, 1994
22

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

Oct. 17, 1994
23

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)

Oct. 18, 1994
24

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

Oct. 20, 1994
25

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

Oct. 21, 1994
26

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)

Oct. 28, 1994
27

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

Oct. 28, 1994
28

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)

Oct. 28, 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)

Nov. 1, 1994
29

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

Nov. 2, 1994
30

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

Nov. 14, 1994
31

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)

Nov. 18, 1994
32

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)

Nov. 18, 1994

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

Dec. 12, 1994
34

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)

Dec. 15, 1994
33

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

Dec. 16, 1994
35

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)

Dec. 21, 1994
36

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)

Jan. 4, 1995
37

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)

Jan. 17, 1995
38

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)

Jan. 17, 1995
39

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)

Jan. 18, 1995
40

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)

Jan. 19, 1995
41

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

Jan. 26, 1995
42

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)

Feb. 3, 1995
44

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

Feb. 9, 1995
45

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

Feb. 10, 1995
46

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)

Feb. 14, 1995
47

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)

Feb. 21, 1995
48

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

Feb. 28, 1995
49

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)

Feb. 28, 1995
50

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)

March 1, 1995
51

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)

March 7, 1995
52

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)

March 7, 1995
53

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)

March 8, 1995
54

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)

March 8, 1995
55

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)

March 17, 1995
56

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)

March 21, 1995
57

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

March 21, 1995
58

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)

March 21, 1995
59

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)

March 21, 1995
60

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)

March 23, 1995
61

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)

March 23, 1995
62

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)

March 30, 1995
63

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)

March 31, 1995
64

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)

April 4, 1995
65

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)

April 11, 1995
66

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)

April 20, 1995
67

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)

April 20, 1995
68

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)

April 26, 1995
69

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)

April 27, 1995
70

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

May 2, 1995

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

May 4, 1995
71

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)

May 9, 1995
72

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

June 30, 1995
73

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

July 10, 1995
74

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

July 19, 1995
75

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

Sept. 15, 1995
76

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)

Dec. 4, 1995
77

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

April 4, 1996
78

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

April 15, 1996
79

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

May 13, 1996
80

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

May 20, 1996
81

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

May 22, 1996
82

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)

May 28, 1996
83

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)

Aug. 29, 1996
84

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)

Sept. 16, 1996
86

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)

Oct. 3, 1996
87

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

Oct. 9, 1996
88

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)

Nov. 8, 1996
89

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)

Nov. 12, 1996
89

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

Nov. 12, 1996
90

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

Nov. 13, 1996
91

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)

Nov. 13, 1996
93

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)

Nov. 13, 1996
94

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

Nov. 13, 1996
92

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

Nov. 19, 1996
95

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)

Nov. 22, 1996
96

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)

Dec. 6, 1996
97

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

Dec. 17, 1996
98

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)

Dec. 18, 1996

State / Territory: Missouri

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Jan. 18, 1974

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who are now confined, or have been confined, or will be confined in the City Jail of St. Louis.

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

St. Louis City Jail (St. Louis City, St. Louis city), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1974 - 1998

Issues

General:

Bathing and hygiene

Food service / nutrition / hydration

Recreation / Exercise

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Pre-PLRA Population Cap

Medical/Mental Health:

Dental care

Medical care, general

Type of Facility:

Government-run