Case: Van Orden v. Schafer

4:09-cv-00971 | U.S. District Court for the Eastern District of Missouri

Filed Date: June 22, 2009

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On June 22, 2009, a group of civilly committed residents of the Missouri Department of Mental Health's ("DMH") Sex Offender Rehabilitation and Treatment Services ("SORTS") facilities filed this class action lawsuit pro se in the U.S. District Court for the Eastern District of Missouri. The plaintiffs sued the DMH and the Missouri Department of Corrections under 42 U.S.C. § 1983.Each of the plaintiffs had previously been found guilty of a sexually violent crime and have also been declared a sexu…

On June 22, 2009, a group of civilly committed residents of the Missouri Department of Mental Health's ("DMH") Sex Offender Rehabilitation and Treatment Services ("SORTS") facilities filed this class action lawsuit pro se in the U.S. District Court for the Eastern District of Missouri. The plaintiffs sued the DMH and the Missouri Department of Corrections under 42 U.S.C. § 1983.

Each of the plaintiffs had previously been found guilty of a sexually violent crime and have also been declared a sexually violent predator ("SVP") under Missouri's SVP Act, Mo. Rev. Stat. §§ 632.480-632.525. Prisoners found guilty of a sexually violent crime are declared SVPs when there is probable cause to believe that they are likely to engage in sexually violent predatory criminal behavior upon their release. Individuals declared SVPs are civilly committed to a SORTS facility for rehabilitation.

The plaintiffs alleged that the SORTS treatment program was ineffective and harmful, and that the true purpose of SORTS was institutionalization and indefinite detention. The plaintiffs claimed a violation of their Fifth Amendment rights against double jeopardy, their Eighth Amendment rights to be free of cruel and unusual punishment, and their Fourteenth Amendment rights of Equal Protection and Due Process. The plaintiffs requested that the court declare the Missouri SVP statute unconstitutional, both on its face and as applied, and require the DMH to reform SORTS as needed. Private counsel was appointed for the plaintiffs on September 2, 2009, but was replaced by attorneys from the ACLU of Missouri on March 23, 2010.

On June 25, 2010, the defendants moved to dismiss the case for failure to state a claim upon which relief can be granted. On July 25, 2011, District Judge Audrey G. Fleissig denied that motion in large part, holding that many of plaintiffs' claims for prospective equitable relief for the allegedly unconstitutionally inadequate treatment were fact-intensive and required further factual development. 2011 WL 3099919.

On September 30, 2011, Judge Fleissig certified the matter as a class action; she agreed to a "Treatment Class" of all persons who are or will be during the pendency of this action, residents of SORTS as a result of civil commitment, and "Charging Class" of all persons who are or will be during the pendency of this action, residents and former residents, of SORTS as a result of civil commitment, and who have been, or will be, billed or charged for care, treatment, room or board by SORTS or by the SMMHC. 2011 WL 4600688. Judge Fleissig also granted the plaintiffs' proposal for notification to class members on November 7, 2011.

The plaintiffs filed their fifth and final amended complaint on February 19, 2014, adding a violation of Title II of the Americans with Disabilities Act (ADA) to their allegations. On March 28, 2014, the plaintiffs also moved for a preliminary injunction, but both parties reached a stipulation regarding the preliminary injunction on October 2, 2014, which made the motion moot.

On April 22, 2014, the defendants moved to dismiss the plaintiffs' fifth amended complaint for failure to state a claim upon which relief can be granted. On October 17, 2014, Judge Fleissig granted the motion in part, dismissing the plaintiffs' Sixth and Eighth Amendment claims, but denied the motion with respect to the plaintiffs' Fourteenth Amendment and ADA claims. The plaintiffs filed a motion to reconsider the dismissal of the Sixth and Eighth Amendment claims on December 1, 2014, but this motion was denied by Judge Fleissig on February 10, 2015.

The defendants moved for summary judgment on December 12, 2014. Judge Fleissig granted summary judgment with respect to the plaintiffs' Equal Protection claims, but denied summary judgment for their Due Process claims. On April 20, 2015, the plaintiffs moved to dismiss their ADA claim, leaving their Due Process claim as the only issue remaining for trial. On December 18, 2014, the plaintiffs filed an uncontested motion to bifurcate trial by first conducting a separate trial on the question of whether the defendants were liable, and if so, then conducting a second trial to determine the appropriate remedies and relief. Judge Fleissig granted the motion on December 19, 2014.

The initial bench trial began on April 21, 2015, and ended on April 30, 2015. On September 11, 2015, Judge Fleissig ruled for the plaintiffs. Judge Fleissig held that the Missouri SVP statute was not unconstitutional on its face, but was indeed unconstitutional as applied. Judge Fleissig also held that it was now appropriate to move onto a second trial to determine appropriate remedies and relief. 129 F.Supp.3d 839.

On October 20, 2016, the parties held Fairness Hearing proceedings before Judge Fleissig to review their proposed settlement agreement as to remedies. On November 23, 2016, Judge Fleissig rejected the proposed settlement and ordered the parties to prepare for trial on the remedies. The Judge noted "all of the class representatives and most of the class members oppose the settlement."

As the parties progressed toward trial, the Eighth Circuit issued an opinion in Karsjens v. Piper holding that the plaintiff in an as-applied challenge must prove two things: “that the state defendants’ conduct was conscience-shocking, and that the state defendants violated one or more fundamental rights that are...implicit in the concept of ordered liberty, such that neither liberty nor justice would exist if they were sacrificed.” This court found that the new case law required the court to vacate its liability opinion and enter judgment for the defendants. The court held that the plaintiffs in this case had not demonstrated a fundamental liberty interest was violated. Further, the court found that, based on the facts in Karsjens, the defendants' behavior in this case could not be considered conscience-shocking.

The plaintiffs filed notice of appeal on Sept. 18, 2017, but then moved to dismiss the appeal, which the Appellate Court granted on January 25, 2018. The case is now closed.

Summary Authors

John He (10/23/2015)

Virginia Weeks (10/4/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4298613/parties/van-orden-v-healthlink-inc/


Judge(s)

Fleissig, Audrey Goldstein (Missouri)

Hamilton, Jean Constance (Missouri)

Attorneys(s) for Plaintiff

Calvert, Winston E. (Missouri)

Doty, Grant R. (Missouri)

Kister, Susan S. (Missouri)

Kozak, Scott K.G. (Missouri)

LaRose, Christopher (Missouri)

Martin, James G. (Missouri)

McNulty, Andrew (Missouri)

O'Toole, Daniel K. (Missouri)

Judge(s)

Fleissig, Audrey Goldstein (Missouri)

Hamilton, Jean Constance (Missouri)

Attorneys(s) for Plaintiff

Calvert, Winston E. (Missouri)

Doty, Grant R. (Missouri)

Kister, Susan S. (Missouri)

Kozak, Scott K.G. (Missouri)

LaRose, Christopher (Missouri)

Martin, James G. (Missouri)

McNulty, Andrew (Missouri)

O'Toole, Daniel K. (Missouri)

Praiss, Omri E. (Missouri)

Quinn, John H. III (Missouri)

Rothert, Anthony [Tony] E. (Missouri)

Scherrer, Richard B. (Missouri)

Selig, Eric M. (Missouri)

Steffan, Jessie (Missouri)

Wack, Thomas E. (Missouri)

White, Ronnie Lee II (Missouri)

Wilcox, Gillian R. (Missouri)

Attorneys(s) for Defendant

Dandurand, Joesph Paul (Missouri)

Fennessey, Rex P. (Missouri)

Luepke, Henry F. III (Missouri)

Morris, Mary Delworth (Missouri)

Norwood, Ronald A. (Missouri)

Poole, Joel A. (Missouri)

Sauer, Dean John (Missouri)

Sholtz, Philip (Missouri)

Walsh, Katherine S. (Missouri)

Documents in the Clearinghouse

Document

Docket [PACER]

Van Orden v. Healthlink, Inc.

Feb. 22, 2018 Docket
1

Complaint

Van Orden v. Healthlink, Inc.

June 22, 2009 Complaint
192

Memorandum and Order: Granting in Part and Denying in Part Defendants' Motion to Dismiss

Van Orden v. Meyers

2011 WL 3099919

July 25, 2011 Order/Opinion
197

Memorandum and Order: Granting Class Certification

Van Orden v. Meyers

2011 WL 4600688

Sept. 30, 2011 Order/Opinion
258

Fifth Amended Complaint

Feb. 19, 2014 Complaint
338

Memorandum and Order: Granting in Part and Denying in Part Defendants' Motion to Dismiss

2014 WL 5320232

Oct. 17, 2014 Order/Opinion
358

Memorandum and Order: Granting Motion to Bifurcate the Trial

2014 WL 7335150

Dec. 19, 2014 Order/Opinion
377

Memorandum and Order: Denying Plaintiffs' Motion to Reconsider Order Dismissing Plaintiffs' Eighth Amendment Claims

Van Orden v. Myers

2015 WL 541204

Feb. 10, 2015 Order/Opinion
392

Memorandum and Order: Granting Individual Defendant's Motion for Summary Judgment as to Liability, but Denying it as to Remedy

2015 WL 1058760

March 11, 2015 Order/Opinion
399

Memorandum and Order: Granting in Part and Denying in Part Defendants' Motion for Summary Judgment on Plaintiffs' Claims for Reimbursement

2015 WL 1286346

March 20, 2015 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4298613/van-orden-v-healthlink-inc/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against defendants Healthlink, Inc.; Wellpoint; Harold Myers; Judy Sumpter; Alan Blake; Keith Schafer and Jeremiah Nixon with Jury Demand, filed by Richard Tyson; Wade A. Turpin; John R. Van Orden; Robert Hood; Michael D. McCord; Joseph Miller; Macon Baker; Chance Tyree; Walter W. Ritchey; David Brown; and Anthony Amonette. (Attachments: # 1 Exhibits, # 2 Correspondence, # 3 Envelope, # 4 Judge Assignment Label)(WAF) (Entered: 06/23/2009)

June 22, 2009
2

MOTION for Leave to Proceed in forma pauperis jointly filed by Plaintiffs Richard Tyson, Wade A. Turpin, John R. Van Orden, Robert Hood, Michael D. McCord, Joseph Miller, Macon Baker, Chance Tyree, Walter W. Ritchey, David Brown, Anthony Amonette. (WAF) (Entered: 06/23/2009)

June 22, 2009
3

Certified Inmate Account Statement filed by Plaintiff John R. Van Orden. (WAF) (Entered: 06/23/2009)

June 22, 2009
4

Certified Inmate Account Statement filed by Plaintiff Michael D. McCord. (WAF) (Entered: 06/23/2009)

June 22, 2009
5

Certified Inmate Account Statement filed by Plaintiff Joseph Miller. (WAF) (Entered: 06/23/2009)

June 22, 2009
6

Certified Inmate Account Statement filed by Plaintiff Chance Tyree. (WAF) (Entered: 06/23/2009)

June 22, 2009
7

Certified Inmate Account Statement filed by Plaintiff Walter W. Ritchey. (WAF) (Entered: 06/23/2009)

June 22, 2009
8

Certified Inmate Account Statement filed by Plaintiff David Brown. (WAF) (Entered: 06/23/2009)

June 22, 2009
9

Certified Inmate Account Statement filed by Plaintiff Anthony Amonette. (WAF) (Entered: 06/23/2009)

June 22, 2009
10

Certified Inmate Account Statement filed by Plaintiff Richard Tyson. (WAF) (Entered: 06/23/2009)

June 22, 2009

***Complaint Letter Created. This is to advise you that this office has received and filed your complaint and has assigned it the above−referenced case number. (WAF) (Entered: 06/23/2009)

June 23, 2009

***Complaint Letter Processed (see notice of electronic filing for distribution list) Tue Jun 23 10:01:00 CDT 2009 (admin,) (Entered: 06/23/2009)

June 23, 2009
11

Letter to Clerk from pltff Tyson Re:request for complete file − (CEL) (Entered: 07/01/2009)

July 1, 2009
12

Letter to Clerk from pltff Miller Re:request for copy of file (CEL) (Entered: 07/01/2009)

July 1, 2009
14

NOTICE of Change of Address by Plaintiff John R. Van Orden. Copy forwarded to OSU for further processing. Copy of docket forwarded to David Brown at 2520 Main Street St. Louis, MO 63136. (CSR) (Entered: 07/07/2009)

July 6, 2009
15

PRO SE MOTION: PLAINTIFF'S MOTION FOR SERVICE OF PROCESS TO DEFENDANTS by Plaintiff John R. Van Orden. (CSR) (Entered: 07/07/2009)

July 6, 2009
16

MOTION to Appoint Counsel by Plaintiff John R. Van Orden. (CSR) (Entered: 07/07/2009)

July 6, 2009
17

ORDER re 2 , 15 , 16 ORDERED that plaintiffs' joint motion for leave to proceed IFP [Doc. #2] is DENIED, without prejudice.FURTHER ORDERED that the Clerk of Court shall forward to plaintiffs, with a copy of this Order, the court forms entitled "Motion to Proceed without Prepayment of Costs" and "Financial Affidavit−CJA23." FURTHER ORDERED that, within thirty (30) days from the date of this Order, plaintiffs shall each complete and submit a motion to proceed IFP and affidavit in support. FURTHER ORDERED that, if any plaintiff fails to return a completed form motion within thirty (30) days of the date of this Order, the Court will dismiss the complaint as to the plaintiff who fails to comply. If none of the plaintiffs comply with this Order, the Court will dismiss this action pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. FURTHER ORDERED that, upon plaintiffs filing the requisite motions to proceed IFP and affidavits in support, the Clerk shall resubmit this matter to the Court for review pursuant to 28 U.S.C.1915. FURTHER ORDERED that plaintiffs' motions for service of process [Doc. #15] andmotion for appointment of counsel [Doc. #16] are denied without prejudice, in light of the aforementioned. ( Response to Court due by 8/8/2009.). Signed by Honorable Jean C. Hamilton on 7/8/09. (Attachments: # 1 Motion for IFP, # 2 CJA 23 Fin. Afdt)(CEL) (Entered: 07/08/2009)

July 8, 2009

ORDER RECEIPT: (see receipt) Wed Jul 8 10:32:51 CDT 2009 (Lippold, Carrie) (Entered: 07/08/2009)

July 8, 2009
18

SUPPLEMENT TO PLAINTIFF'S MOTION to Appoint Counsel by Plaintiff John R. Van Orden. (CSR) (Entered: 07/10/2009)

July 10, 2009
19

Letter to pltffs Tyson, Miller and Baker from USDC Re:request for copies docs 11 , 12 and 13 (CEL) (Entered: 07/15/2009)

July 15, 2009
20

MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) by Plaintiff Walter W. Ritchey. (CLA) (Entered: 07/16/2009)

July 15, 2009
21

MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) by Plaintiff Michael D. McCord. (Attachments: # 1 Financial Affidavit, # 2 Envelope)(TRC) (Entered: 07/17/2009)

July 17, 2009
22

MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) by Plaintiff Anthony Amonette. (Attachments: # 1 Financial Affidavit, # 2 Certified Inmate Account Statement, # 3 Envelope)(TRC) (Entered: 07/17/2009)

July 17, 2009
23

MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) by Plaintiff John R. Van Orden. (Attachments: # 1 Financial Affidavit, # 2 Certified Inmate Account Statement, # 3 Envelope)(TRC) (Entered: 07/17/2009)

July 17, 2009
24

MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) by Plaintiff Robert Hood. (CEL) (Entered: 07/20/2009)

July 20, 2009
25

FINANCIAL AFFIDAVIT − CJA 23 by Plaintiff Robert Hood. (CEL) (Entered: 07/20/2009)

July 20, 2009
26

MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) by Plaintiff Chance Tyree. (CEL) (Entered: 07/20/2009)

July 20, 2009
27

FINANCIAL AFFIDAVIT − CJA 23 by Plaintiff Chance Tyree. (CEL) (Entered: 07/20/2009)

July 20, 2009
29

FINANCIAL AFFIDAVIT − CJA 23 by Plaintiff David Brown. (CSR) (Entered: 07/22/2009)

July 22, 2009
30

MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) by Plaintiff Richard Tyson. (CSR) (Entered: 07/22/2009)

July 22, 2009
31

FINANCIAL AFFIDAVIT − CJA 23 by Plaintiff Richard Tyson. (Attachments: # 1 envelope)(CSR) (Entered: 07/22/2009)

July 22, 2009
32

Certified Inmate Account Statement by Plaintiff Richard Tyson. (CSR) (Entered: 07/22/2009)

July 22, 2009
33

MOTION for Leave to Proceed In Forma Pauperis and Affidavit in Support by Plaintiff Wade A. Turpin. (TRC) (Entered: 07/24/2009)

July 24, 2009
34

FINANCIAL AFFIDAVIT − CJA 23 by Plaintiff Wade A. Turpin. (TRC) (Entered: 07/24/2009)

July 24, 2009
35

MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) by Plaintiff Macon Baker. (CLA) (Entered: 07/27/2009)

July 27, 2009
36

MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) by Plaintiff Joseph Miller. (CLA) (Entered: 07/27/2009)

July 27, 2009
37

Letter to Clerk of Court from Plaintiff John Van Orden Re:Request for Copy of Docket Sheet (copy of Docket Sheet mailed to Plaintiff) (TRC) (Entered: 08/14/2009)

Aug. 14, 2009
38

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that pltff.'s mtns to proceed ifp 33 21 20 30 23 22 24 35 36 26 28 are granted. IT IS FURTHER ORDERED that the clerk shall issue process or cause process to issue upon the complaint. IT IS FURTHER ORDERED that defts. shall reply to pltff.'s claims within the time provided by the applicable provisions. Signed by Honorable Jean C. Hamilton on 8/31/09. (CLA) (Entered: 08/31/2009)

Aug. 31, 2009

ORDER RECEIPT: (see receipt) Mon Aug 31 08:26:20 CDT 2009 (Abrams, Carrie) (Entered: 08/31/2009)

Aug. 31, 2009
39

WAIVER OF SERVICE LETTER from clerk As to Defendants: Alan Blake, Keith Schafer, Jeremiah Nixon. (CLA) (Entered: 08/31/2009)

Aug. 31, 2009
40

Summons Issued as to defendant Healthlink, Inc., Wellpoint, Harold Myers, Judy Sumpter. (Attachments: # 1 Wellpoint, # 2 H. Myers, # 3 J. Sumpter)(CLA) (Entered: 08/31/2009)

Aug. 31, 2009
41

ORDER re 18 ORDERED that, Richard B. Scherrer, ARMSTRONG TEASDALE, LLP, One Metropolitan Square, Suite 2600, St. Louis, MO, 63102, phone 314−621−5070, fax314−621−5065, is appointed to represent Plaintiffs in thismatter. The Clerk of the Court shall provide Plaintiffs' newly−appointed counsel with a complete copy of the court file at no cost. Attorney Richard B. Scherrer for Richard Tyson, Wade A. Turpin, John R. Van Orden, Robert Hood, Michael D. McCord, Joseph Miller, Macon Baker, Chance Tyree, Walter W. Ritchey, David Brown and Anthony Amonette added. (copy of file to follow). Signed by Honorable Jean C. Hamilton on 9/2/09. (CEL) (cc: pltffs − Modified on 9/2/2009 (CEL). (Entered: 09/02/2009)

Sept. 2, 2009

***REMARK − paper copy of file placed in mail today to atty Richard Scherrer (CEL) (Entered: 09/03/2009)

Sept. 3, 2009
42

ENTRY of Appearance by Ronald A. Norwood for Defendants Healthlink, Inc., Wellpoint. (Norwood, Ronald) (Entered: 10/07/2009)

Oct. 7, 2009
43

ANSWER to 1 Complaint, by Healthlink, Inc., Wellpoint.(Norwood, Ronald) (Entered: 10/09/2009)

Oct. 9, 2009
44

SUMMONS Returned Executed filed by Richard Tyson, Wade A. Turpin, John R. Van Orden, Robert Hood, Michael D. McCord, Joseph Miller, Macon Baker, Chance Tyree, Walter W. Ritchey, David Brown, Anthony Amonette. Harold Myers served on

Oct. 16, 2009
46

SUMMONS Returned Executed filed by Richard Tyson, Wade A. Turpin, John R. Van Orden, Robert Hood, Michael D. McCord, Joseph Miller, Macon Baker, Chance Tyree, Walter W. Ritchey, David Brown, Anthony Amonette. Wellpoint served on 9/24/2009, answer due 10/14/2009. (CSR) (Entered: 10/16/2009)

Oct. 16, 2009
47

SUMMONS Returned Executed filed by Richard Tyson, Wade A. Turpin, John R. Van Orden, Robert Hood, Michael D. McCord, Joseph Miller, Macon Baker, Chance Tyree, Walter W. Ritchey, David Brown, Anthony Amonette. Healthlink, Inc. served on 9/24/2009, answer due 10/14/2009. (CSR) (Entered: 10/16/2009)

Oct. 16, 2009
48

ENTRY of Appearance by Richard B. Scherrer for Plaintiffs Richard Tyson, Wade A. Turpin, John R. Van Orden, Robert Hood, Michael D. McCord, Joseph Miller, Macon Baker, Chance Tyree, Walter W. Ritchey, David Brown, Anthony Amonette. (Scherrer, Richard) (Entered: 10/19/2009)

Oct. 19, 2009
49

ENTRY of Appearance by Winston E. Calvert for Plaintiffs Richard Tyson, Wade A. Turpin, John R. Van Orden, Robert Hood, Michael D. McCord, Joseph Miller, Macon Baker, Chance Tyree, Walter W. Ritchey, David Brown, Anthony Amonette. (Calvert, Winston) (Entered: 10/19/2009)

Oct. 19, 2009
50

ENTRY of Appearance by Christopher LaRose for Plaintiffs Richard Tyson, Wade A. Turpin, John R. Van Orden, Robert Hood, Michael D. McCord, Joseph Miller, Macon Baker, Chance Tyree, Walter W. Ritchey, David Brown, Anthony Amonette. (LaRose, Christopher) (Entered: 10/19/2009)

Oct. 19, 2009
51

Consent MOTION for Extension of Time to Amend 1 Complaint, by Plaintiffs Richard Tyson, Wade A. Turpin, John R. Van Orden, Robert Hood, Michael D. McCord, Joseph Miller, Macon Baker, Chance Tyree, Walter W. Ritchey, David Brown, Anthony Amonette. (LaRose, Christopher) (Entered: 10/19/2009)

Oct. 19, 2009
52

Docket Text ORDER: Re: 51 Consent MOTION for Extension of Time to Amend 1 Complaint, by Plaintiffs Richard Tyson, Wade A. Turpin, John R. Van Orden, Robert Hood, Michael D. McCord, Joseph Miller, Macon Baker, Chance Tyree, Walter W. Ritchey, David Brown, Anthony Amonette. (LaRose, Christopher) filed by John R. Van Orden, Anthony Amonette, Michael D. McCord, Chance Tyree, David Brown, Walter W. Ritchey, Joseph Miller, Wade A. Turpin, Richard Tyson, Macon Baker, Robert Hood ; ORDERED GRANTED, ( Amended/Supplemental Pleadings due by 11/13/2009). Signed by Honorable Jean C. Hamilton on 10/19/09. (TRC) (Entered: 10/19/2009)

Oct. 19, 2009
53

ENTRY of Appearance by Rex P. Fennessey for Defendants Harold Myers, Judy Sumpter, Alan Blake, Keith Schafer, Jeremiah Nixon. (Fennessey, Rex) (Entered: 10/30/2009)

Oct. 30, 2009
54

WAIVER OF SERVICE Returned Executed filed by Alan Blake, Keith Schafer, Jeremiah Nixon Alan Blake waiver signed on 8/31/2009, answer due 10/30/2009; Keith Schafer waiver signed on 8/31/2009, answer due 10/30/2009; Jeremiah Nixon waiver signed on 8/31/2009, answer due 10/30/2009. (Fennessey, Rex) (Entered: 10/30/2009)

Oct. 30, 2009
55

MOTION for Extension of: Time to File an Answer or Other Responsive Motion by Defendants Alan Blake, Keith Schafer, Jeremiah Nixon. (Fennessey, Rex) (Entered: 10/30/2009)

Oct. 30, 2009
56

MOTION for Leave to File Out of Time and for Extension of Time to File an Answer or other Responsive Motion by Defendants Harold Myers, Judy Sumpter. (Fennessey, Rex) (Entered: 10/30/2009)

Oct. 30, 2009
57

Docket Text ORDER: as to Alan Blake, Keith Schafer, Jeremiah Nixon Re: 55 MOTION for Extension of: Time to File an Answer or Other Responsive Motion by Defendants Alan Blake, Keith Schafer, Jeremiah Nixon. (Fennessey, Rex) filed by TO RESPOND TO COMPLAINT ON OR BEFORE NOVEMBER 20, 2009, Alan Blake answer due 11/20/2009; Keith Schafer answer due 11/20/2009; Jeremiah Nixon answer due 11/20/2009. Signed by Honorable Jean C. Hamilton on 11/2/09. (TRC) (Entered: 11/03/2009)

Nov. 2, 2009
58

Docket Text ORDER: as to Harold Myers, Judy Sumpter Re: 56 MOTION for Leave to File Out of Time and for Extension of Time to File an Answer or other Responsive Motion by Defendants Harold Myers, Judy Sumpter. (Fennessey, Rex) filed by Harold Myers, Judy Sumpter ; ORDERED DEFENDANTS ORDERED TO RESPOND TO COMPLAINT ON OR BEFORE NOVEMBER 20, 2009, Harold Myers answer due 11/20/2009; Judy Sumpter answer due 11/20/2009.. Signed by Honorable Jean C. Hamilton on 11/2/09. (TRC) (Entered: 11/03/2009)

Nov. 2, 2009
59

AMENDED COMPLAINT against defendant all defendants,Terminating Jeremiah Nixon Jury demand, , filed by Richard Tyson, Wade A. Turpin, John R. Van Orden, Robert Hood, Michael D. McCord, Joseph Miller, Macon Baker, Chance Tyree, Walter W. Ritchey, David Brown, Anthony Amonette. (Attachments: # 1 Exhibit 1)(Scherrer, Richard) (Entered: 11/13/2009)

Nov. 13, 2009
60

MOTION for Extension of Time to File Answer re 59 Amended Complaint, by Defendants Healthlink, Inc., Wellpoint. (Norwood, Ronald) (Entered: 11/18/2009)

Nov. 18, 2009
61

Docket Text ORDER: Re: 60 MOTION for Extension of Time to File Answer re 59 Amended Complaint, by Defendants Healthlink, Inc., Wellpoint. ; ORDERED : SO ORDERED − defts granted to 12/18/09 to answer/respond. Signed by Honorable Jean C. Hamilton on 11/19/09. (CEL) (Entered: 11/19/2009)

Nov. 19, 2009
62

MOTION for Extension of: Time to Answer or Otherwise Respond to Plaintiffs' First Amended Complaint by Defendants Harold Myers, Judy Sumpter, Alan Blake, Keith Schafer. (Fennessey, Rex) (Entered: 11/24/2009)

Nov. 24, 2009
63

Docket Text ORDER: Re: 62 MOTION for Extension of: Time to Answer or Otherwise Respond to Plaintiffs' First Amended Complaint by Defendants Harold Myers, Judy Sumpter, Alan Blake, Keith Schafer. (Fennessey, Rex) filed by Alan Blake, Harold Myers, Keith Schafer, Judy Sumpter ; ORDERED SO ORDERED JCH. Signed by Honorable Jean C. Hamilton on 11/30/09. (CLA) (Entered: 11/30/2009)

Nov. 30, 2009
64

MOTION for Extension of Time to File Answer re 59 Amended Complaint, 61 Docket Text Order, by Defendants Healthlink, Inc., Wellpoint. (Norwood, Ronald) (Entered: 12/18/2009)

Dec. 18, 2009
65

MOTION to Add Party, MOTION to Amend/Correct Complaint , MOTION to Dismiss Party by Plaintiffs Richard Tyson, Wade A. Turpin, John R. Van Orden, Robert Hood, Michael D. McCord, Joseph Miller, Macon Baker, Chance Tyree, Walter W. Ritchey, David Brown, Anthony Amonette. (Scherrer, Richard) (Entered: 12/18/2009)

Dec. 18, 2009
66

Docket Text ORDER: Re: 65 MOTION to Add Party, MOTION to Amend/Correct Complaint , MOTION to Dismiss Party by Plaintiffs Richard Tyson, Wade A. Turpin, John R. Van Orden, Robert Hood, Michael D. McCord, Joseph Miller, Macon Baker, Chance Tyree, Walter W. Ritchey, David Brown, Anthony Amonette. (Scherrer, Richard) filed by John R. Van Orden, Anthony Amonette, Michael D. McCord, Chance Tyree, David Brown, Walter W. Ritchey, Joseph Miller, Wade A. Turpin, Richard Tyson, Macon Baker, Robert Hood ; ORDERED SO ORDERED, Robert Hood terminated. Signed by Honorable Jean C. Hamilton on 12/21/09. (new party to be added with filing of amended complaint and Defendants HealthLink and WellPoint will be termed at that time)(TRC) (Entered: 12/21/2009)

Dec. 21, 2009
67

Docket Text ORDER: as to Healthlink, Inc., Wellpoint Re: 64 MOTION for Extension of Time to File Answer re 59 Amended Complaint, 61 Docket Text Order, by Defendants Healthlink, Inc., Wellpoint. (Norwood, Ronald) filed by Wellpoint, Healthlink, Inc. ; ORDERED SO ORDERED, Healthlink, Inc. answer due 1/15/2010; Wellpoint answer due 1/15/2010. Signed by Honorable Jean C. Hamilton on 12/21/09. (TRC) (Entered: 12/21/2009)

Dec. 21, 2009
68

MOTION for Extension of Time to File Answer or Otherwise Respond To Plaintiffs' Amended Complaint by Defendants Harold Myers, Judy Sumpter, Alan Blake, Keith

Dec. 21, 2009
70

Docket Text ORDER: as to Harold Myers, Judy Sumpter, Alan Blake, Keith Schafer Re: 68 MOTION for Extension of Time to File Answer or Otherwise Respond To Plaintiffs' Amended Complaint by Defendants Harold Myers, Judy Sumpter, Alan Blake, Keith Schafer. (Fennessey, Rex) filed by Alan Blake, Harold Myers, Keith Schafer, Judy Sumpter ; ORDERED SO ORDERED, Harold Myers answer due 1/29/2010; Judy Sumpter answer due 1/29/2010; Alan Blake answer due 1/29/2010; Keith Schafer answer due 1/29/2010. Signed by Honorable Jean C. Hamilton on 12/23/09. (TRC) (Entered: 12/23/2009)

Dec. 23, 2009
71

MOTION for Extension of: Time to Answer or Otherwise Respond to Plaintiffs' Second Amended Complaint by Defendants Harold Myers, Judy Sumpter, Alan Blake, Keith Schafer. (Fennessey, Rex) (Entered: 01/29/2010)

Jan. 29, 2010
72

Docket Text ORDER: Re: 71 MOTION for Extension of: Time to Answer or Otherwise Respond to Plaintiffs' Second Amended Complaint by Defendants Harold Myers, Judy Sumpter, Alan Blake, Keith Schafer.; ORDERED :GRANTED. Signed by Honorable Jean C. Hamilton on 1/29/10. (CEL) (Entered: 01/29/2010)

Jan. 29, 2010
73

MOTION for Extension of Time to File Answer re 69 Amended Complaint, by Defendants Harold Myers, Judy Sumpter, Alan Blake, Keith Schafer, Melissa Ring. (Fennessey, Rex) (Entered: 02/05/2010)

Feb. 5, 2010
74

Docket Text ORDER: Re: 73 MOTION for Extension of Time to File Answer re 69 Amended Complaint, by Defendants Harold Myers, Judy Sumpter, Alan Blake, Keith Schafer, Melissa Ring. ; ORDERED : SO ORDERED. Signed by Honorable Jean C. Hamilton on 2/9/10. (CEL) (Entered: 02/09/2010)

Feb. 9, 2010
75

MOTION to Dismiss Case by Defendants Harold Myers, Judy Sumpter, Alan Blake, Keith Schafer, Melissa Ring. (Fennessey, Rex) (Entered: 02/11/2010)

Feb. 11, 2010
76

MOTION for Leave to File in Excess of Page Limitation by Defendants Harold Myers, Judy Sumpter, Alan Blake, Keith Schafer, Melissa Ring. (Attachments: # 1 Memorandum in Support of Defendants Motion to Dismiss)(Fennessey, Rex) (Entered: 02/11/2010)

Feb. 11, 2010
77

ANSWER to 69 Amended Complaint, by Harold Myers, Judy Sumpter, Alan Blake, Keith Schafer, Melissa Ring.(Fennessey, Rex) (Entered: 02/11/2010)

Feb. 11, 2010
78

Docket Text ORDER: Re: 76 MOTION for Leave to File in Excess of Page Limitation by Defendants Harold Myers, Judy Sumpter, Alan Blake, Keith Schafer, Melissa Ring. (Attachments: # 1 Memorandum in Support of Defendants Motion to Dismiss)(Fennessey, Rex) filed by Alan Blake, Melissa Ring, Harold Myers, Keith Schafer, Judy Sumpter ; ORDERED LEAVE GRANTED JCH. Signed by Honorable Jean C. Hamilton on 2/12/10. (CLA) (Entered: 02/16/2010)

Feb. 12, 2010
79

MEMORANDUM in Support of Motion re 75 MOTION to Dismiss Case filed by Defendants Harold Myers, Judy Sumpter, Alan Blake, Keith Schafer, Melissa Ring. (CLA) (Entered: 02/16/2010)

Feb. 12, 2010
80

MOTION for Extension of Time to File Response/Reply as to 75 MOTION to Dismiss Case by Plaintiffs Richard Tyson, Wade A. Turpin, John R. Van Orden, Michael D. McCord, Joseph Miller, Macon Baker, Chance Tyree, Walter W. Ritchey, David Brown, Anthony Amonette. (Calvert, Winston) (Entered: 02/18/2010)

Feb. 18, 2010
81

Docket Text ORDER: Re: 80 MOTION for Extension of Time to File Response/Reply as to 75 MOTION to Dismiss Case by Plaintiffs Richard Tyson, Wade A. Turpin, John R. Van Orden, Michael D. McCord, Joseph Miller, Macon Baker, Chance Tyree, Walter W. Ritchey, David Brown, Anthony Amonette. (Calvert, Winston) filed by John R. Van Orden, Anthony Amonette, Michael D. McCord, Chance Tyree, Walter W. Ritchey, Joseph Miller, David Brown, Wade A. Turpin, Richard Tyson, Macon Baker ; ORDERED SO ORDERED, ( Response due by 3/17/2010). Signed by Honorable Jean C. Hamilton on 2/19/10. (TRC) (Entered: 02/19/2010)

Feb. 19, 2010
82

RULE 16 ORDER Joint Scheduling Plan due by 3/15/2010. Rule 16 Conference set for 3/25/2010 10:45 AM in Telephone before Honorable Jean C. Hamilton. Signed by Honorable Jean C. Hamilton on 2/26/10. (CLA) (Entered: 02/26/2010)

Feb. 26, 2010
83

Consent MOTION for Extension of Time to File Joint Proposed Scheduling Plan ;Proposed extension date March 17, 2010 by Defendants Alan Blake, Harold Myers, Melissa Ring, Keith Schafer, Judy Sumpter. (Fennessey, Rex) (Entered: 03/15/2010)

March 15, 2010
84

Docket Text ORDER: Re: 83 Consent MOTION for Extension of Time to File Joint Proposed Scheduling Plan ;Proposed extension date March 17, 2010 by Defendants Alan Blake, Harold Myers, Melissa Ring, Keith Schafer, Judy Sumpter. (Fennessey, Rex) filed by Alan Blake, Melissa Ring, Harold Myers, Keith Schafer, Judy Sumpter ; ORDERED SO ORDERED JCH. Signed by Honorable Jean C. Hamilton on 3/16/10. (CLA) (Entered: 03/16/2010)

March 16, 2010
85

Consent MOTION for Extension of Time to File Response/Reply as to 79 Memorandum in Support of Motion, 75 MOTION to Dismiss Case by Plaintiffs Anthony Amonette, Macon Baker, David Brown, Robert Hood, Michael D. McCord, Joseph Miller, Walter W. Ritchey, Wade A. Turpin, Chance Tyree, Richard Tyson, John R. Van Orden. (Calvert, Winston) (Entered: 03/17/2010)

March 17, 2010
86

JOINT SCHEDULING PLAN by Plaintiffs Anthony Amonette, Macon Baker, David Brown, Michael D. McCord, Joseph Miller, Walter W. Ritchey, Wade A. Turpin, Chance Tyree, Richard Tyson, John R. Van Orden. (Proposed) . (Calvert, Winston) (Entered: 03/17/2010)

March 17, 2010
87

Docket Text ORDER: Re: 85 Consent MOTION for Extension of Time to File Response/Reply as to 79 Memorandum in Support of Motion, 75 MOTION to Dismiss Case by Plaintiffs Anthony Amonette, Macon Baker, David Brown, Robert Hood, Michael D. McCord, Joseph Miller, Walter W. Ritchey, Wade A. Turpin, Chance Tyree, Richard Tyson, John R. Van Orden. (Calvert, Winston) filed by John R. Van Orden, Anthony Amonette, Michael D. McCord, Chance Tyree, David Brown, Walter W. Ritchey, Joseph Miller, Wade A. Turpin, Richard Tyson, Macon Baker, Robert Hood ; ORDERED SO ORDERED, ( Response to Court due by 4/1/2010.). Signed by Honorable Jean C. Hamilton on 3/18/10. (TRC) (Entered: 03/18/2010)

March 18, 2010
88

ENTRY of Appearance by Anthony E. Rothert for Plaintiffs Anthony Amonette, Macon Baker, David Brown, Michael D. McCord, Joseph Miller, Walter W. Ritchey, Wade A. Turpin, Chance Tyree, Richard Tyson, John R. Van Orden. (Rothert, Anthony) (Entered: 03/23/2010)

March 23, 2010
89

Minute Entry for proceedings held before Honorable Jean C. Hamilton: Rule 16 Conference held on 3/25/2010 via telephone. Schedule discussed. Case Management Order to issue. (FTR Gold yes or no: No.) (CBL) (Entered: 03/25/2010)

March 25, 2010
90

CASE MANAGEMENT ORDER This case is assigned to Track: 2 (see order for details). Motion to Join Parties due by 5/17/2010. Discovery Completion due by 3/21/2011. ADR Future Reference 3/21/2011. Dispositive Motions due by 4/4/2011. Jury Trial set for 8/1/2011 09:00 AM in Courtroom 16N before Honorable Jean C. Hamilton. Signed by Honorable Jean C. Hamilton on 3/25/10. (TRC) (Entered: 03/25/2010)

March 25, 2010
91

MOTION to Add Party and to File Third Amended Complaint by Plaintiffs Anthony Amonette, Macon Baker, David Brown, Robert Hood, Michael D. McCord, Joseph Miller, Walter W. Ritchey, Wade A. Turpin, Chance Tyree, Richard Tyson, John R. Van Orden. (Attachments: # 1 Exhibit 1 − Third Amended Complaint)(Scherrer, Richard) (Entered: 04/01/2010)

April 1, 2010
92

Docket Text ORDER: Re: 91 MOTION to Add Party and to File Third Amended Complaint by Plaintiffs Anthony Amonette, Macon Baker, David Brown, Robert Hood, Michael D. McCord, Joseph Miller, Walter W. Ritchey, Wade A. Turpin, Chance Tyree, Richard Tyson, John R. Van Orden. (Attachments: # 1 Exhibit 1 − Third Amended Complaint)(Scherrer, Richard) filed by John R. Van Orden, Anthony Amonette, Michael D. McCord, Chance Tyree, David Brown, Walter W. Ritchey, Joseph Miller, Wade A. Turpin, Richard Tyson, Macon Baker, Robert Hood ; ORDERED SO ORDERED. Signed by Honorable Jean C. Hamilton on 4/5/10. (TRC) (Entered: 04/05/2010)

April 5, 2010
93

THIRD AMENDED COMPLAINT against defendant Alan Blake, Harold Myers, Melissa Ring, Keith Schafer, Judy Sumpter, Mark Stringer, Felix Vincenz, Karen Adams, Julie Inman, Jay Englehart, Justin Arnett Amendment to 59 Amended Complaint, 69 Amended Complaint, 1 Complaint, Jury demand, filed by Wade A. Turpin, Walter W. Ritchey, John R. Van Orden, Chance Tyree, Michael D. McCord, Anthony Amonette, David Brown, Joseph Miller, Richard Tyson, Macon Baker. Related document: 59 Amended Complaint, filed by John R. Van Orden, Anthony Amonette, Michael D. McCord, Chance Tyree, David Brown, Walter W. Ritchey, Joseph Miller, Wade A. Turpin, Richard Tyson, Macon Baker, Robert Hood, 69 Amended Complaint, filed by John R. Van Orden, Anthony Amonette, Michael D. McCord, Chance Tyree, David Brown, Joseph Miller, Walter W. Ritchey, Wade A. Turpin, Richard Tyson, Macon Baker, 1 Complaint, filed by John R. Van Orden, Anthony Amonette, Michael D. McCord, Chance Tyree, David Brown, Joseph Miller, Walter W. Ritchey, Wade A. Turpin, Richard Tyson, Macon Baker, Robert Hood.(TRC) (Entered: 04/05/2010)

April 5, 2010
94

Docket Text ORDER: Re: 75 MOTION to Dismiss Case by Defendants Harold Myers, Judy Sumpter, Alan Blake, Keith Schafer, Melissa Ring. (Fennessey, Rex) filed by Alan Blake, Melissa Ring, Harold Myers, Keith Schafer, Judy Sumpter ; ORDERED DENIED AS MOOT. Signed by Honorable Jean C. Hamilton on 4/5/10. (TRC) (Entered: 04/05/2010)

April 5, 2010
95

WAIVER OF SERVICE LETTER from clerk to Missouri Attorney General's Office as to Defendants: Mark Stringer, Felix Vincenz, Julie Inman, Jay Englehart and Justin Arnett. (CBL) (Entered: 04/15/2010)

April 15, 2010
96

Letter to Plaintiffs' Attorney Richard Scherrer from Clerk of Court USDC re:provision of address for service of defendant Karen Adams. (CBL) (Entered: 04/15/2010)

April 15, 2010
97

MOTION for Extension of Time to File Response/Reply as to 93 Amended Complaint,,,, by Defendants Alan Blake, Harold Myers, Melissa Ring, Keith Schafer, Judy Sumpter. (Fennessey, Rex) (Entered: 04/15/2010)

April 15, 2010
98

Summons Issued as to defendant Karen Adams. Summons, Form 285 and Complaint provided to United States Marshal for service. (CBL) (Entered: 04/22/2010)

April 22, 2010
99

Docket Text ORDER: as to Alan Blake, Harold Myers, Keith Schafer, Judy Sumpter Re: 97 MOTION for Extension of Time to File Response/Reply as to 93 Amended Complaint,,,, by Defendants Alan Blake, Harold Myers, Melissa Ring, Keith Schafer, Judy Sumpter. (Fennessey, Rex) filed by Alan Blake, Melissa Ring, Harold Myers, Keith Schafer, Judy Sumpter ; ORDERED SO ORDERED, Alan Blake answer due 5/5/2010; Harold Myers answer due 5/5/2010; Keith Schafer answer due 5/5/2010; Judy Sumpter answer due 5/5/2010. Signed by Honorable Jean C. Hamilton on 4/26/10. (TRC) (Entered: 04/26/2010)

April 26, 2010

State / Territory: Missouri

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: June 22, 2009

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of individuals previously found guilty of a sexually violent crime and declared sexually violent predators (“SVP”) under Missouri’s SVP Act (Mo. Rev. Stat. §§ 632.480–632.525), who have now been civilly committed to the Missouri Department of Mental Health’s (“DMH”) Sex Offender Rehabilitation and Treatment Services (“SORTS”) facilities.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Missouri Department of Health (St. Louis, St. Louis city), State

Missouri Department of Corrections (St. Louis, St. Louis city), State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Classification / placement

Commitment procedure

Conditions of confinement

Discharge & termination plans

Failure to supervise

Failure to train

Funding

Habeas Corpus

Over/Unlawful Detention

Placement in detention facilities

Placement in mental health facilities

Rehabilitation

Sex offender regulation

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment