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 attrorneys, 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

4:09-cv-00971

Docket [PACER]

Van Orden v. Healthlink, Inc.

Feb. 22, 2018

Feb. 22, 2018

Docket
1

4:09-cv-00971

Complaint

Van Orden v. Healthlink, Inc.

June 22, 2009

June 22, 2009

Complaint
192

4:09-cv-00971

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

Van Orden v. Meyers

2011 WL 3099919

July 25, 2011

July 25, 2011

Order/Opinion
197

4:09-cv-00971

Memorandum and Order: Granting Class Certification

Van Orden v. Meyers

2011 WL 4600688

Sept. 30, 2011

Sept. 30, 2011

Order/Opinion
258

4:09-cv-00971

Fifth Amended Complaint

Feb. 19, 2014

Feb. 19, 2014

Complaint
338

4:09-cv-00971

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

2014 WL 5320232

Oct. 17, 2014

Oct. 17, 2014

Order/Opinion
358

4:09-cv-00971

Memorandum and Order: Granting Motion to Bifurcate the Trial

2014 WL 7335150

Dec. 19, 2014

Dec. 19, 2014

Order/Opinion
377

4:09-cv-00971

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

Van Orden v. Myers

2015 WL 541204

Feb. 10, 2015

Feb. 10, 2015

Order/Opinion
392

4:09-cv-00971

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

March 11, 2015

Order/Opinion
399

4:09-cv-00971

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

March 20, 2015

Order/Opinion

Resources

Docket

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

Last updated Aug. 2, 2022, 3:20 a.m.

ECF Number Description Date Link 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)

2 Exhibit

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3 Correspondence

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4 Envelope

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5 Judge Assignment Label

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June 22, 2009

June 22, 2009

PACER
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

June 22, 2009

PACER
3

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

June 22, 2009

June 22, 2009

PACER
4

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

June 22, 2009

June 22, 2009

PACER
5

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

June 22, 2009

June 22, 2009

PACER
6

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

June 22, 2009

June 22, 2009

PACER
7

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

June 22, 2009

June 22, 2009

PACER
8

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

June 22, 2009

June 22, 2009

PACER
9

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

June 22, 2009

June 22, 2009

PACER
10

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

June 22, 2009

June 22, 2009

PACER
11

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

July 1, 2009

July 1, 2009

PACER
12

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

July 1, 2009

July 1, 2009

PACER
13

Letter to Clerk from pltff Baker Re: reqeust for copies of file - (CEL). (Entered: 07/01/2009)

July 1, 2009

July 1, 2009

PACER
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

July 6, 2009

PACER
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

July 6, 2009

PACER
16

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

July 6, 2009

July 6, 2009

PACER
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)

2 Motion for IFP

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3 CJA 23 Fin. Afdt

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July 8, 2009

July 8, 2009

RECAP
18

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

July 10, 2009

July 10, 2009

PACER
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

July 15, 2009

PACER
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

July 15, 2009

PACER
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)

2 Financial Affidavit

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3 Envelope

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July 17, 2009

July 17, 2009

PACER
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)

2 Financial Affidavit

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3 Certified Inmate Account Statement

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4 Envelope

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July 17, 2009

July 17, 2009

PACER
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)

2 Financial Affidavit

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3 Certified Inmate Account Statement

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4 Envelope

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July 17, 2009

July 17, 2009

PACER
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

July 20, 2009

PACER
25

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

July 20, 2009

July 20, 2009

PACER
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

July 20, 2009

PACER
27

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

July 20, 2009

July 20, 2009

PACER
28

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

July 22, 2009

July 22, 2009

PACER
29

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

July 22, 2009

July 22, 2009

PACER
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

July 22, 2009

PACER
31

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

July 22, 2009

July 22, 2009

PACER
32

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

July 22, 2009

July 22, 2009

PACER
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

July 24, 2009

PACER
34

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

July 24, 2009

July 24, 2009

PACER
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

July 27, 2009

PACER
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

July 27, 2009

PACER
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

Aug. 14, 2009

PACER
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

Aug. 31, 2009

RECAP
39

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

Aug. 31, 2009

Aug. 31, 2009

PACER
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)

2 Wellpoint

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3 H. Myers

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4 J. Sumpter

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Aug. 31, 2009

Aug. 31, 2009

PACER
167

REPLY to Response to Motion re 143 MOTION to Certify Class filed by Plaintiffs Anthony Amonette, Macon Baker, David Brown, Andre Cokes, Theodore Ginnery, Robert Hood, Rodney Kapprelian, Matthew King, Michael D. McCord, Joseph Miller, Walter W. Ritchey, Wade A. Turpin, Chance Tyree, Richard Tyson, John R. Van Orden. (Calvert, Winston) (Entered: 01/28/2011)

Jan. 28, 2011

Jan. 28, 2011

PACER
168

MOTION for Extension of Time to File Response/Reply as to 155 Memorandum in Support of Motion,, 154 MOTION to Compel Production of Documents by Defendants Karen Adams, Justin Arnett, Alan Blake, Jay Englehart, Julie Inman, Harold Myers, Melissa Ring, Keith Schaefer, Mark Stringer, Judy Sumpter, Felix Vincenz. (Fennessey, Rex) (Entered: 02/01/2011)

Feb. 1, 2011

Feb. 1, 2011

PACER
169

Docket Text ORDER: Re: 168 MOTION for Extension of Time to File Response to 154 MOTION to Compel Production of Documents, by Defendants Karen Adams, Justin Arnett, Alan Blake, Jay Englehart, Julie Inman, Harold Myers, Melissa Ring, Keith Schaefer, Mark Stringer, Judy Sumpter, Felix Vincenz (Fennessey, Rex), filed by Julie Inman, Felix Vincenz, Justin Arnett, Judy Sumpter, Jay Englehart, Mark Stringer, Alan Blake, Melissa Ring, Karen Adams, Harold Myers, Keith Schaefer ; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on February 2, 2011. (AGF) (Entered: 02/02/2011)

Feb. 2, 2011

Feb. 2, 2011

PACER
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

Sept. 2, 2009

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

Sept. 3, 2009

Sept. 3, 2009

170

MEMORANDUM in Opposition re 154 MOTION to Compel Production of Documents filed by Defendants Karen Adams, Justin Arnett, Alan Blake, Jay Englehart, Julie Inman, Harold Myers, Jeremiah Nixon, Melissa Ring, Keith Schaefer, Mark Stringer, Judy Sumpter, Felix Vincenz. (Attachments: # 1 Memorandum in Opposition to Plaintiffs' Motion to Compel Responses to Requests for Production of Documents)(Fennessey, Rex) (Entered: 02/07/2011)

1 Memorandum in Opposition to Plaintiffs' Motion to Compel Responses to Requ

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Feb. 7, 2011

Feb. 7, 2011

PACER
192

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendants Motion to Dismiss Plaintiffs Fourth Amended Complaint is DENIED with respect to Plaintiffs claim that their Fourteenth Amendment rights were violated due to the lack of adequate care and tre atment, and as to their equal protection and substantive due process claims based upon Missouris statutory reimbursement scheme as applied to Plaintiffs; the motion is GRANTED as to all other aspects of the Fourth Amended Complaint. [Doc. # 123 ] Signed by Honorable Audrey G. Fleissig on 9/25/11. (KJS)

July 25, 2011

July 25, 2011

RECAP
42

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

Oct. 7, 2009

Oct. 7, 2009

43

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

Oct. 9, 2009

Oct. 9, 2009

197

MEMORANDUM AND ORDER -.....IT IS HEREBY ORDERED that Plaintiffs' Motion For Class Certification [Doc. No. 143] is GRANTED. IT IS FURTHER ORDERED that Plaintiffs shall file no later than October 12, 2011, their brief in support of their proposed form of notice, and Defendants shall file their response to Plaintiffs' brief not later than October 24, 2011. ( Response to Court due by 10/12/2011.). Signed by Honorable Audrey G. Fleissig on 9/30/2011. (MRC)

Sept. 30, 2011

Sept. 30, 2011

RECAP
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

Oct. 16, 2009

251

ENTRY of Appearance by Christopher LaRose for Plaintiff John R. Van Orden. (LaRose, Christopher) (Entered: 02/06/2014)

Feb. 6, 2014

Feb. 6, 2014

PACER
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

Oct. 16, 2009

252

ENTRY of Appearance by Daniel K. O'Toole for Plaintiff John R. Van Orden. (O'Toole, Daniel) (Entered: 02/06/2014)

Feb. 6, 2014

Feb. 6, 2014

PACER
253

ENTRY of Appearance by Winston E. Calvert for Plaintiff John R. Van Orden. (Calvert, Winston) (Entered: 02/06/2014)

Feb. 6, 2014

Feb. 6, 2014

PACER
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

Oct. 16, 2009

254

ENTRY of Appearance by Eric M. Selig for Plaintiff John R. Van Orden. (Selig, Eric) (Entered: 02/06/2014)

Feb. 6, 2014

Feb. 6, 2014

PACER
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

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

Oct. 19, 2009

255

MOTION for Leave to File Fifth Amended Complaint by Plaintiff John R. Van Orden. (Attachments: # 1 Attachment)(Selig, Eric) (Entered: 02/06/2014)

1 Attachment

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Feb. 6, 2014

Feb. 6, 2014

PACER
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

Oct. 19, 2009

256

NOTICE of Death of Class Representative by Plaintiff John R. Van Orden (Selig, Eric) Modified docket text on 2/7/2014 (NCL). (Entered: 02/06/2014)

Feb. 6, 2014

Feb. 6, 2014

RECAP
257

ORDER IT IS HEREBY ORDERED that Plaintiffs' motion for leave to file a fifth amended complaint is GRANTED. (Doc. No. 255.) IT IS FURTHER ORDERED that the Clerk of Court shall detach Document No. 255-1 and file it as Plaintiffs' fifth amended complaint herein. Signed by District Judge Audrey G. Fleissig on 2/19/2014. (NCL) (Entered: 02/19/2014)

Feb. 19, 2014

Feb. 19, 2014

PACER
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

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

Oct. 19, 2009

258

FIFTH AMENDED COMPLAINT against defendant Justin Arnett, Alan Blake, Jay Englehart, Julie Inman, Harold Myers, Melissa Ring, Keith Schaefer, Mark Stringer, Rick Gowdy, Joseph Parks, Robert Reitz, Linda Moll, Daman Longworth, Donna Augustine, Dave Schmitt, Marty Martin-Forman, Ian Fluger, Sherry Lee, Ericka L. Kempker, Kristina Bender-Crice, Doe Defendants,Terminating Judy Sumpter (Representative, HealthLink, Individually and Officially), Felix Vincenz, Karen Adams and Rodney Kapprelian Amendment to 59 Amended Complaint, 69 Amended Complaint, 93 Amended Complaint,,,, 117 Amended Complaint,,, 1 Complaint, Jury Demand demand,, filed by Wade A. Turpin, Walter W. Ritchey, John R. Van Orden, Matthew King, Chance Tyree, Michael D. McCord, Anthony Amonette, Andre Cokes, 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, 93 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, 117 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, Robert Hood, 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.(NCL) (Entered: 02/19/2014)

Feb. 19, 2014

Feb. 19, 2014

PACER
259

WAIVER OF SERVICE LETTER from clerk As to Defendants: Rick Gowdy, Joseph Parks, M.D., Robert Reitz, Linda Moll, Daman Longworth,Donna Augustine, Dave Schmitt, Marty Martin-Forman, Ian Fluger, Sherry Lee, Ericka L. Kempker, Kristina Bender-Crice and the Doe Defendants (NCL) (Entered: 02/21/2014)

Feb. 21, 2014

Feb. 21, 2014

PACER
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

Oct. 30, 2009

260

WAIVER OF SERVICE Returned Executed filed by Ian Fluger, Ericka L. Kempker, Daman Longworth, Sherry Lee, Donna Augustine, Marty Martin-Forman, Linda Moll, Rick Gowdy, Robert Reitz, Dave Schmitt, Kristina Bender-Crice Ian Fluger waiver signed on 2/21/2014, answer due 4/22/2014; Ericka L. Kempker waiver signed on 2/21/2014, answer due 4/22/2014; Daman Longworth waiver signed on 2/21/2014, answer due 4/22/2014; Sherry Lee waiver signed on 2/21/2014, answer due 4/22/2014; Donna Augustine waiver signed on 2/21/2014, answer due 4/22/2014; Marty Martin-Forman waiver signed on 2/21/2014, answer due 4/22/2014; Linda Moll waiver signed on 2/21/2014, answer due 4/22/2014; Rick Gowdy waiver signed on 2/21/2014, answer due 4/22/2014; Robert Reitz waiver signed on 2/21/2014, answer due 4/22/2014; Dave Schmitt waiver signed on 2/21/2014, answer due 4/22/2014; Kristina Bender-Crice waiver signed on 2/21/2014, answer due 4/22/2014. (Walsh, Katherine) (Entered: 03/05/2014)

March 5, 2014

March 5, 2014

PACER
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

Oct. 30, 2009

261

Waiver of Service Returned Unexecuted filed by Joseph Parks as to Joseph Parks. (Walsh, Katherine). Document 260 and Document 261 are the same document both indicate Mr. Parks is no longer employed by the Department of Mental Health. Modified on 3/6/2014 (RAK). (Entered: 03/05/2014)

March 5, 2014

March 5, 2014

PACER
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

Oct. 30, 2009

262

MOTION for Hearing Plaintaiffs' Motion for the Court to Schedule a Status Conference and to Set a Hearing Date for Plaintiffs' Motion for Preliminary Injunction by Plaintiff John R. Van Orden. (Selig, Eric) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

PACER
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

Oct. 30, 2009

263

MOTION for Leave to File in Excess of Page Limitation Plaintiffs' Motion for Leave to File Their Memorandum in Support of Motion for Preliminary Injunction in Excess of This District's Local Rule Page Limit by Plaintiff John R. Van Orden. (Selig, Eric) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

PACER
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

Nov. 2, 2009

264

MOTION for Preliminary Injunction Plaintiffs' Motion for Preliminary Injunction by Plaintiff John R. Van Orden. (Selig, Eric) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

PACER
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

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

Nov. 13, 2009

265

Document a duplicate of Doc. # 266 . See Doc. # 266 for Memorandum in Support and Exhibits. MEMORANDUM in Support of Motion re 264 MOTION for Preliminary Injunction Plaintiffs' Motion for Preliminary Injunction Plaintiffs' Mmemorandum in Support of Their Motion for Preliminary Injunction filed by Plaintiff John R. Van Orden. (Selig, Eric) Modified docket text on 3/31/2014 (NCL). (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

PACER
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

Nov. 18, 2009

266

MEMORANDUM in Support of Motion re 264 MOTION for Preliminary Injunction Plaintiffs' Motion for Preliminary Injunction Plaintiffs' Memorandum in Support of Their Motion for Preliminary Injunction filed by Plaintiff John R. Van Orden. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 3A, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10, # 12 Exhibit Exhibit 11, # 13 Exhibit Exhibit 11A, # 14 Exhibit Exhibit 12, # 15 Exhibit Exhibit 12A, # 16 Exhibit Exhibit 13, # 17 Exhibit Exhibit 13A, # 18 Exhibit Exhibit 14, # 19 Exhibit Exhibit 14A, # 20 Exhibit Exhibit 15, # 21 Exhibit Exhibit 15A)(Selig, Eric) (Entered: 03/28/2014)

1 Exhibit Exhibit 1

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3 Exhibit Exhibit 3

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4 Exhibit Exhibit 3A

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5 Exhibit Exhibit 4

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6 Exhibit Exhibit 5

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7 Exhibit Exhibit 6

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10 Exhibit Exhibit 9

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11 Exhibit Exhibit 10

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12 Exhibit Exhibit 11

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13 Exhibit Exhibit 11A

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14 Exhibit Exhibit 12

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15 Exhibit Exhibit 12A

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16 Exhibit Exhibit 13

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17 Exhibit Exhibit 13A

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18 Exhibit Exhibit 14

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19 Exhibit Exhibit 14A

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20 Exhibit Exhibit 15

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21 Exhibit Exhibit 15A

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March 28, 2014

March 28, 2014

PACER
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

Nov. 19, 2009

267

SUPPLEMENTAL re 266 Memorandum in Support of Motion,,, Exhibit 16 by Plaintiff John R. Van Orden. (Attachments: # 1 Exhibit Exhibit 17, # 2 Exhibit Exhibit 18, # 3 Exhibit Exhibit 18A, # 4 Exhibit Exhibit 18B, # 5 Exhibit Exhibit 18C, # 6 Exhibit Exhibit 18D, # 7 Exhibit Exhibit 19, # 8 Exhibit Exhibit 20)(Selig, Eric) (Entered: 03/28/2014)

1 Exhibit Exhibit 17

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2 Exhibit Exhibit 18

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3 Exhibit Exhibit 18A

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4 Exhibit Exhibit 18B

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5 Exhibit Exhibit 18C

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6 Exhibit Exhibit 18D

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7 Exhibit Exhibit 19

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8 Exhibit Exhibit 20

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March 28, 2014

March 28, 2014

PACER
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

Nov. 24, 2009

268

SUPPLEMENTAL re 267 Supplemental, Exhibit 21 by Plaintiff John R. Van Orden. (Attachments: # 1 Exhibit Exhibit 22, # 2 Exhibit Exhibit 23, # 3 Exhibit Exhibit 24A, # 4 Exhibit Exhibit 24, # 5 Exhibit Exhibit 25, # 6 Exhibit Exhibit 26, # 7 Exhibit Exhibit 27, # 8 Exhibit Exhibit 28, # 9 Exhibit Exhibit 29, # 10 Exhibit Exhibit 30 (Part 1), # 11 Exhibit Exhibit 30 (Part 2), # 12 Exhibit Exhibit 30 (Part 3), # 13 Exhibit Exhibit 31, # 14 Exhibit Exhibit 32, # 15 Exhibit Exhibit 33, # 16 Exhibit Exhibit 34, # 17 Exhibit Exhibit 35 (Part 1), # 18 Exhibit Exhibit 35 (Part 2))(Selig, Eric) (Entered: 03/28/2014)

1 Exhibit Exhibit 22

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2 Exhibit Exhibit 23

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3 Exhibit Exhibit 24A

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4 Exhibit Exhibit 24

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5 Exhibit Exhibit 25

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6 Exhibit Exhibit 26

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7 Exhibit Exhibit 27

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8 Exhibit Exhibit 28

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9 Exhibit Exhibit 29

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10 Exhibit Exhibit 30 (Part 1)

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11 Exhibit Exhibit 30 (Part 2)

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12 Exhibit Exhibit 30 (Part 3)

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13 Exhibit Exhibit 31

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14 Exhibit Exhibit 32

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15 Exhibit Exhibit 33

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16 Exhibit Exhibit 34

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17 Exhibit Exhibit 35 (Part 1)

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18 Exhibit Exhibit 35 (Part 2)

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March 28, 2014

March 28, 2014

PACER
269

Docket Text ORDER Re: 263 Motion for Leave to File in Excess of Page Limitation Plaintiffs' Motion for Leave to File Their Memorandum in Support of Motion for Preliminary Injunction in Excess of This District's Local Rule Page Limit by Plaintiff John R. Van Orden; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on March 31, 2014. (SAA) (Entered: 03/31/2014)

March 31, 2014

March 31, 2014

PACER
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

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

Dec. 18, 2009

270

MOTION to Quash by Defendants Justin Arnett, Donna Augustine, Kristina Bender-Crice, Alan Blake, Jay Englehart, Ian Fluger, Rick Gowdy, Julie Inman, Ericka L. Kempker, Sherry Lee, Daman Longworth, Marty Martin-Forman, Linda Moll, Harold Myers, Joseph Parks, Robert Reitz, Melissa Ring, Keith Schaefer, Dave Schmitt, Mark Stringer. (Attachments: # 1 Exhibit A Kelly S. Wiedau Affidavit)(Walsh, Katherine) (Entered: 04/16/2014)

1 Exhibit A Kelly S. Wiedau Affidavit

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April 16, 2014

April 16, 2014

PACER
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

Dec. 18, 2009

271

MEMORANDUM in Support of Motion re 270 MOTION to Quash filed by Defendants Justin Arnett, Donna Augustine, Kristina Bender-Crice, Alan Blake, Jay Englehart, Ian Fluger, Rick Gowdy, Julie Inman, Ericka L. Kempker, Sherry Lee, Daman Longworth, Marty Martin-Forman, Linda Moll, Harold Myers, Joseph Parks, Robert Reitz, Melissa Ring, Keith Schaefer, Dave Schmitt, Mark Stringer. (Walsh, Katherine) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
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

Dec. 21, 2009

272

MEMORANDUM AND ORDER (PLEASE SEE MEMORANDUM AND ORDER FOR COMPLETE DETAILS) IT IS HEREBY ORDERED that Plaintiffs shall file a response to the motion to quash on or before Thursday, April 24, 2014, and Defendants shall file a reply brief on or before Thursday, May 1, 2014.IT IS FURTHER ORDERED that the parties shall also confer and suggest to theCourt a mutually agreeable time on May 8, or May 9, 2014 for a conference call to address the motion to quash. Response to Court due by 4/24/2014. Signed by District Judge Audrey G. Fleissig on 4/17/14. (JWJ) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

RECAP
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

Dec. 21, 2009

273

MOTION to Dismiss Case by Defendants Justin Arnett, Donna Augustine, Kristina Bender-Crice, Alan Blake, Jay Englehart, Ian Fluger, Rick Gowdy, Julie Inman, Ericka L. Kempker, Sherry Lee, Daman Longworth, Marty Martin-Forman, Linda Moll, Harold Myers, Joseph Parks, Robert Reitz, Melissa Ring, Keith Schaefer, Dave Schmitt, Mark Stringer, Judy Sumpter. (Walsh, Katherine) (Entered: 04/22/2014)

April 22, 2014

April 22, 2014

PACER
274

MOTION for Leave to File in Excess of Page Limitations by Defendants Justin Arnett, Donna Augustine, Kristina Bender-Crice, Alan Blake, Jay Englehart, Ian Fluger, Rick Gowdy, Julie Inman, Ericka L. Kempker, Sherry Lee, Daman Longworth, Marty Martin-Forman, Linda Moll, Harold Myers, Joseph Parks, Robert Reitz, Melissa Ring, Keith Schaefer, Dave Schmitt, Mark Stringer, Judy Sumpter. (Attachments: # 1 Memorandum in Support of Defendants' Motion to Dismiss Plaintiffs' Fifth Amended Complaint)(Walsh, Katherine) (Entered: 04/22/2014)

1 Memorandum in Support of Defendants' Motion to Dismiss Plaintiffs' Fi

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April 22, 2014

April 22, 2014

PACER
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

Dec. 21, 2009

275

Docket Text ORDER: Re: 274 MOTION for Leave to File in Excess of Page Limitations, filed by Defendants Justin Arnett, et al. ; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on April 23, 2014. (AGF) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

PACER
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

Dec. 23, 2009

Case Details

State / Territory: Missouri

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

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