Case: L.Z. v. Parrish

6:77-cv-03277 | U.S. District Court for the Western District of Missouri

Filed Date: June 28, 1977

Closed Date: 1984

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Case Summary

A complaint was filed against various state and county judges and officials in the United States District Court for the Western District of Missouri challenging the incarceration of a juvenile in the Laclede County Jail in Lebanon, Missouri. Evidence established that a new juvenile detention facility had been built, that juveniles were no longer kept in Laclede County Jail, and that the Missouri Supreme Court had amended the challenged rules regarding juvenile detention and detention hearings.…

A complaint was filed against various state and county judges and officials in the United States District Court for the Western District of Missouri challenging the incarceration of a juvenile in the Laclede County Jail in Lebanon, Missouri. Evidence established that a new juvenile detention facility had been built, that juveniles were no longer kept in Laclede County Jail, and that the Missouri Supreme Court had amended the challenged rules regarding juvenile detention and detention hearings. The parties entered into a consent decree and all claims were dismissed, except one claim for injunctive relief, two claims for damages totaling $10,000, and a claim for attorney's fees. In a November 3, 1982, memorandum opinion, the U.S. District Court for the Western District of Missouri (Judge William R. Collinson) found against the plaintiff on the damages claims, finding no evidence of unconstitutional conditions of confinement or of detention without a probable cause hearing. The court also denied the request for a permanent injunction which sought to enjoin circuit judges from issuing detention orders without a probable cause hearing, or detaining juveniles in the Laclede County Jail. Because the plaintiff was therefore not a prevailing party, the court found that he was not entitled to attorney's fees.

The plaintiff later filed a motion for relief from final judgment, which was denied because the motion had been filed after the time to appeal or request relief had expired. Plaintiff appealed the denial of this relief to the United States Court of Appeals for the Eighth Circuit; it was undisputed that while the Clerk of the District Court did mail copies of the memorandum opinion to all parties, he neglected to mail notice of entry of the judgment to the parties. The U.S. Court of Appeals for the Eighth Circuit (Judge John R. Gibson) found that the memorandum opinion constituted a final judgment, and that the lack of notice of entry by the clerk did not affect the time to file for relief. L.Z. v Parrish, 733 F.3d 585 (8th Cir. 1984). Furthermore, the court found that plaintiff's attorneys, in waiting 77 days to inquire as to whether judgment had been entered, had not displayed diligence in attempting to discover the status of the case, making reversal of the district's courts denial of relief inappropriate.

Summary Authors

Megan Raynor (3/1/2006)

People


Judge(s)

Bartels, John Ries (New York)

Gibson, John R. (Missouri)

Attorneys(s) for Plaintiff

Howard, David C. (Missouri)

Volenik, Adrienne E. (Missouri)

Attorneys(s) for Defendant

Miller, Jack L. (Missouri)

Taylor, O. J. (Missouri)

Judge(s)

Bartels, John Ries (New York)

Gibson, John R. (Missouri)

Attorneys(s) for Plaintiff

Howard, David C. (Missouri)

Volenik, Adrienne E. (Missouri)

Attorneys(s) for Defendant

Miller, Jack L. (Missouri)

Taylor, O. J. (Missouri)

Documents in the Clearinghouse

Document

Reported Opinion

U. S. Court of Appeals for the Eighth Circuit

733 F.2d 585

June 12, 1984 Order/Opinion

Docket

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

Docket sheet not available via the Clearinghouse.

State / Territory: Missouri

Case Type(s):

Jail Conditions

Key Dates

Filing Date: June 28, 1977

Closing Date: 1984

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A juvenile incarcerated at the Laclede County Jail in Lebanon, Missouri

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Sheriff of Laclede County, County

State Circuit Judges, State

Juvenile Officer and Deputy Juvenile Officer, Private Entity/Person

Laclede County Jail (Lebanon , Laclede), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Juveniles

Over/Unlawful Detention

Sanitation / living conditions

Type of Facility:

Government-run