Case: Washington v. Denney

5:14-cv-06118 | U.S. District Court for the Western District of Missouri

Filed Date: Oct. 15, 2014

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 15, 2014, the plaintiff, an inmate at Crossroads Correctional Center, filed this complaint in the U.S. District Court for the Western District of Missouri. The plaintiff brought this suit under 42 U.S.C. §1983 against prison administrators, including the warden and guards, for violating his Eighth Amendment rights. The plaintiff filed pro se, but requested representation.Specifically, the inmate alleged that he was forced to inhale second-hand cigarette smoke which jeopardized his he…

On October 15, 2014, the plaintiff, an inmate at Crossroads Correctional Center, filed this complaint in the U.S. District Court for the Western District of Missouri. The plaintiff brought this suit under 42 U.S.C. §1983 against prison administrators, including the warden and guards, for violating his Eighth Amendment rights. The plaintiff filed pro se, but requested representation.

Specifically, the inmate alleged that he was forced to inhale second-hand cigarette smoke which jeopardized his health in general and aggravated his asthma. He alleged that prison staff acted with deliberate indifference to the dangers cigarette smoke posed to his health, and even encouraged the smoking by selling large amounts of cigarettes to inmates. Moreover, he noted that the prison had a policy against indoor smoking, but this regulation was rarely if ever enforced. The inmate sought an injunction to stop the smoking at Crossroads and other correctional centers, as well as prohibiting the sale of tobacco products in prisons.

On May 8, 2015, the plaintiff’s motion for a preliminary injunction was denied because the complaint called for post-judgment relief. On June 8, 2015 the case was dismissed due to the plaintiff’s failure to state a claim, however, he was able to reopen the case by filing an amended complaint on June 30, 2015.

On October 7, 2015, the plaintiff filed an appeal in the Eighth Circuit to challenge the district court’s denial of preliminary injunctive relief. The Circuit Court assessed a $505 fee for the appeal, which the plaintiff was unable to pay. Therefore, on October 15, 2015 the plaintiff requested the appeal be dismissed, which the court granted on October 20, 2015.

Months later, on July 11, 2016, the district court appointed private counsel to represent the plaintiff in this case. The parties subsequently entered into mediation to try reaching a settlement. However, these mediation talks fell apart in late October 2016, and the parties began to prepare for trial.

On April 12, 2017 the trial was held before a jury. The jury delivered a verdict in favor of the plaintiff awarding him $40,000 in compensatory damages and $71,000 in punitive damages. Following the trial the plaintiff filed a motion for attorney’s fees and expenses. On May 10, 2017, however, the defense filed a motion with the court requesting a judgment as a matter of law in their favor or a new trial. Both requests were denied on June 26, 2017. The court found that deliberate indifference was evident, in part, because the plaintiff was able to show he had previously filed eight grievances with information about his suffering health. Defendants did not do anything to alleviate the problem, and the court found that a reasonable jury could conclude that serious injury could result from such treatment. The damage amount remained in place and the Court found no evidence to support the defendants’ motion for a new trial.

On June 27, 2017, the court advised the parties to enter mediation concerning the injunctive relief. 2017 WL 2773709. While mediation continued, defendants appealed the amount of damages to the Eighth Circuit on July 26, 2017. On September 21, 2017, the two parties indicated they had reached an agreement regarding the implementation of injunctive relief sought by the plaintiff, and together made a joint motion for post judgment injunctive relief, which was then affirmed by the court, issuing an order for post judgment injunctive relief. The court ordered that all correctional facilities across Missouri should remove cigarette products from their facilities on or before April 1, 2018.

On October 3, 2017 the court awarded plaintiff’s counsel $161,681.02 in attorneys fees. The plaintiff was also ordered to pay $11,100, which was ten percent of the award granted to him by the jury. 2017 WL 4399566.

In 2018, the Eighth Circuit issued their opinion. 900 F.3d 549. They held that, while plaintiff showed that defendants were sufficiently indifferent to his well-being to justify damages, plaintiff did not provide evidence that defendants were malicious in their treatment toward him, so he was not owed punitive damages. The court vacated the award of punitive damages and remanded for further proceedings.

On April 1, 2019, the plaintiff filed a stipulation of dismissal with prejudice.

Summary Authors

Will McCartney (2/8/2018)

Jack Hibbard (5/25/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6108147/parties/washington-v-denney/


Judge(s)

Laughrey, Nanette Kay (Missouri)

Loken, James B. (Minnesota)

Attorney for Plaintiff

Foster, Michael S. (Missouri)

Attorney for Defendant

Lockhart, Lynnette Nefertiti (Missouri)

Sankar, Dion F. (Missouri)

show all people

Documents in the Clearinghouse

Document

5:14-cv-06118

Docket [PACER]

April 1, 2019

April 1, 2019

Docket
1

5:14-cv-06118

Complaint Under the Civil Rights Act of 42 U.S.C. 1983

Washington v. Denny

Oct. 15, 2014

Oct. 15, 2014

Complaint
18

5:14-cv-06118

Amended Complaint

Washington v. Denny

June 12, 2015

June 12, 2015

Complaint
195

5:14-cv-06118

Order

June 26, 2017

June 26, 2017

Order/Opinion
215

5:14-cv-06118

Stipulated Order on Plaintiff's Motion for Postjudgment Injunctive Relief

Sept. 21, 2017

Sept. 21, 2017

Order/Opinion
217

5:14-cv-06118

Order

Oct. 3, 2017

Oct. 3, 2017

Order/Opinion
240

0:17-02747

Opinion

U.S. Court of Appeals for the Eighth Circuit

Aug. 13, 2018

Aug. 13, 2018

Order/Opinion

900 F.3d 549

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6108147/washington-v-denney/

Last updated Aug. 4, 2025, 5:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by Ecclesiastical Denzel Washington a/k/a Willie Simmons. (Attachment: # 1 Exhibits)(Thoennes, Cindy) (Entered: 10/29/2014)

1 Exhibit

View on PACER

Oct. 15, 2014

Oct. 15, 2014

Clearinghouse
2

IFP FINANCIAL AFFIDAVIT filed by Ecclesiastical Denzel Washington a/k/a Willie Simmons. (Thoennes, Cindy) (Entered: 10/29/2014)

Oct. 15, 2014

Oct. 15, 2014

PACER
3

Inmate ACCOUNT STATEMENT filed by Ecclesiastical Denzel Washington a/k/a Willie Simmons. (Thoennes, Cindy) (Entered: 10/29/2014)

Oct. 15, 2014

Oct. 15, 2014

PACER
4

PLAINTIFF'S MOTION for leave to proceed in forma pauperis filed by Ecclesiastical Denzel Washington a/k/a Willie Simmons. (Thoennes, Cindy) (Entered: 10/29/2014)

Oct. 15, 2014

Oct. 15, 2014

PACER
5

PLAINTIFF'S MOTION for temporary restraining order and MOTION for preliminary injunction filed by Ecclesiastical Denzel Washington a/k/a Willie Simmons. (Attachment: # 1 Exhibit)(Thoennes, Cindy) (Entered: 10/29/2014)

1 Exhibit

View on PACER

Oct. 15, 2014

Oct. 15, 2014

PACER
7

Inmate ACCOUNT STATEMENT filed by Ecclesiastical Denzel Washington. (Thoennes, Cindy) (Entered: 11/04/2014)

Nov. 4, 2014

Nov. 4, 2014

PACER
8

ORDER that: (1) plaintiff is granted provisional leave to proceed in forma pauperis; (2) plaintiff shall pay to the clerk of the court for the Western District of Missouri an initial partial filing fee of $21.50; and (3) plaintiff's failure to pay the required initial partial filing fee within 30 days from the date of this Order, will result in the dismissal of this case without further notice. Signed on November 4, 2014 by District Judge Nanette K. Laughrey. (Cadoret, David) (Entered: 11/04/2014)

Nov. 4, 2014

Nov. 4, 2014

PACER

Receipt

Nov. 24, 2014

Nov. 24, 2014

PACER

RECEIPT number KCMO044274 in the amount of $21.50 issued to Ecclesiastical Washington. (Martin, Jan)

Nov. 24, 2014

Nov. 24, 2014

PACER
9

ORDER: ORDERED that the agency having custody of plaintiff is directed to forward to the Clerk of the Court monthly payments of 20% of the preceding month's income credited to plaintiff's inmate account each time the amount in that account exceeds $10.00, until the remainder of the $350.00 filing fee is paid. It is further ORDERED that the Clerk of the Court is directed to forward a copy of this Order to the Finance Officer where plaintiff currently is confined. Signed on December 5, 2014 by District Judge Nanette K. Laughrey. (Thoennes, Cindy) (Entered: 12/05/2014)

Dec. 5, 2014

Dec. 5, 2014

PACER

Receipt

Jan. 20, 2015

Jan. 20, 2015

PACER

RECEIPT number T1530 in the amount of $20.00 issued to DOC for Willie Simmons. (Russel, Jeri)

Jan. 20, 2015

Jan. 20, 2015

PACER
10

PLAINTIFF'S AFFIDAVIT filed by Ecclesiastical Denzel Washington. (Thoennes, Cindy) (Entered: 02/25/2015)

Feb. 20, 2015

Feb. 20, 2015

PACER

Receipt

Feb. 23, 2015

Feb. 23, 2015

PACER

RECEIPT number T1555 in the amount of $10.00 issued to DOC for Willie Simmons. (Russel, Jeri)

Feb. 23, 2015

Feb. 23, 2015

PACER

Receipt

March 9, 2015

March 9, 2015

PACER

RECEIPT number T1568 in the amount of $10.00 issued to DOC for Willie Simmons. (James, Carrie)

March 9, 2015

March 9, 2015

PACER

Receipt

April 9, 2015

April 9, 2015

PACER

RECEIPT number T15100 in the amount of $15.40 issued to MO DOC for Willie Simmons. (Lock, Tania)

April 9, 2015

April 9, 2015

PACER
12

PLAINTIFF'S STATEMENT filed by Ecclesiastical Denzel Washington.(Thoennes, Cindy) (Entered: 05/11/2015)

April 30, 2015

April 30, 2015

PACER
11

ORDER: ORDERED that: (1) the Clerk of the Court is directed to send plaintiff another set of civil rights forms for his use in filing a superseding amended complaint; (2) using the forms provided by the Clerk of the Court, plaintiff is directed to file a superseding amended complaint as specifically discussed herein within 30 days from the date of this order; (3) failure to amend as directed will result in the dismissal of this case without further notice; and (4) plaintiff's motion for a temporary restraining order and/or for a preliminary injunction (Doc. No. 5 ) is denied. Signed on May 8, 2015 by District Judge Nanette K. Laughrey. (CLERK'S NOTE: Civil rights forms mailed to plaintiff with copy of order as directed.) (Thoennes, Cindy) (Entered: 05/08/2015)

May 8, 2015

May 8, 2015

PACER

Receipt

May 8, 2015

May 8, 2015

PACER

RECEIPT number T15128 in the amount of $16.00 issued to DOC for Willie Simmons. (Russel, Jeri)

May 8, 2015

May 8, 2015

PACER
13

PLAINTIFF'S SUPERCEDING AMENDED COMPLAINT as directed by 5/8/15 order (Doc. No. 11 ) filed by Ecclesiastical Denzel Washington.(Thoennes, Cindy) (Entered: 06/04/2015)

May 28, 2015

May 28, 2015

PACER
14

ORDER: ORDERED that this case is dismissed, without prejudice, pursuant to Federal Rule of Civil Procedure 41(b) for plaintiff's failure to comply with the Court's previous order. Plaintiff is advised that any motion to reopen this case will be denied unless it is filed within 20 days from the date of this Order, and accompanied by an amended complaint on court-approved forms that complies with Federal Rule of Civil Procedure 8(a)(2). If plaintiff appeals this Order, he will become immediately liable for the entire $505.00 appellate filing fee, regardless of the outcome on appeal. Signed on June 8, 2015 by District Judge Nanette K. Laughrey. (Thoennes, Cindy) (Entered: 06/08/2015)

June 8, 2015

June 8, 2015

PACER
15

CLERK'S JUDGMENT: ORDERED that this case is dismissed, without prejudice, pursuant to Federal Rule of Civil Procedure 41(b) for plaintiff's failure to comply with the Court's previous order. Plaintiff is advised that any motion to reopen this case will be denied unless it is filed within 20 days from the date of this Order, and accompanied by an amended complaint on court-approved forms that complies with Federal Rule of Civil Procedure 8(a)(2). If plaintiff appeals this Order, he will become immediately liable for the entire $505.00 appellate filing fee, regardless of the outcome on appeal. (Thoennes, Cindy) (Entered: 06/08/2015)

June 8, 2015

June 8, 2015

PACER

Receipt

June 9, 2015

June 9, 2015

PACER

RECEIPT number T15160 in the amount of $11.50 issued to DOC for Willie Simmons. (Russel, Jeri)

June 9, 2015

June 9, 2015

PACER
16

PLAINTIFF'S MOTION to reopen case and MOTION to vacate dismissal filed by Ecclesiastical Denzel Washington. (Attachment: # 1 Proposed Amended Complaint)(Thoennes, Cindy) (Entered: 06/26/2015)

1 Proposed Amended Complaint

View on PACER

June 12, 2015

June 12, 2015

PACER
17

ORDER: ORDERED that plaintiff's motion to reopen (Doc. No. 16 ) is GRANTED, and the June 8, 2015, Order (Doc. No. 14 ) and Judgment (Doc. No. 15 ) of dismissal are vacated and set aside. The Clerk of the Court is directed to statistically reopen this case. It is further ORDERED that, extant with entry of this Order, the Clerk of the Court is directed to file the proposed amended complaint (attachment to Doc. No. 16 ) which plaintiff has submitted for fling. Signed on June 30, 2015 by District Judge Nanette K. Laughrey. (Thoennes, Cindy) (Entered: 06/30/2015)

June 30, 2015

June 30, 2015

PACER
18

PLAINTIFF'S AMENDED COMPLAINT filed by Ecclesiastical Denzel Washington.(Thoennes, Cindy) (Entered: 06/30/2015)

June 30, 2015

June 30, 2015

Clearinghouse
19

ORDER: ORDERED that: (1) plaintiff's claims against defendants Aitkens, Herring, and White, who were named in the original complaint, are severed and dismissed, with prejudice, for failure to state a claim, and they are dismissed as defendants in this case; (2) the Clerk of the Court is directed to amend the record to include the defendants named in plaintiff's amended complaint (Doc. No. 18 ), "Mr. Green," Deron Neu, and Brent Jestes; (3) the Missouri Attorney General is directed to notify the Court, in writing, within thirty (30) days from the date of this Order, if he will or will not waive service of process for defendants Larry Denney, Terry Page, Chris McBee, Todd Warren, Ronda Pash, Cyndi Prudden, Shawn Huff, Shawn Pettigrew, Judy Huff, CCW Pettigrew, Brian Montgomery, Mrs. Richey, CO II Sliver, Mrs. McDonnal, Steven Nibarger, Mrs. Parkhurst, "Mr. Green," Deron Neu, and Brent Jestes; and (4) defendants Larry Denney, Terry Page, Chris McBee, Todd Warren, Ronda Pash, Cyndi Prudden, Shawn Huff, Shawn Pettigrew, Judy Huff, CCW Pettigrew, Brian Montgomery, Mrs. Richey, CO II Sliver, Mrs. McDonnal, Steven Nibarger, Mrs. Parkhurst, "Mr. Green," Deron Neu, and Brent Jestes are directed to answer or otherwise respond to plaintiff's amended complaint (Doc. No. 18 ), pursuant to Fed. R. Civ. P. 4 and 12, within sixty (60) days from the date of this Order if service of process is waived, or within twenty-one (21) days after service of process if service of process is not waived. Signed on July 7, 2015 by District Judge Nanette K. Laughrey. (Thoennes, Cindy) (Entered: 07/07/2015)

July 7, 2015

July 7, 2015

PACER

Remark

July 7, 2015

July 7, 2015

PACER

Remark

July 7, 2015

July 7, 2015

PACER

***Remark: Copy of docket sheet mailed to plaintiff upon request for status. (Thoennes, Cindy)

July 7, 2015

July 7, 2015

PACER

Receipt

July 15, 2015

July 15, 2015

PACER

RECEIPT number T15196 in the amount of $13.50 issued to MO DOC for Willie Simmons. (Lock, Tania)

July 15, 2015

July 15, 2015

PACER
23

PLAINTIFF'S NOTICE OF INTERLOCUTORY APPEAL as to 5/8/15 Order (Doc. No. 11 ) denying motion for injunctive relief filed by Ecclesiastical Denzel Washington. (Thoennes, Cindy) (Entered: 08/07/2015)

July 20, 2015

July 20, 2015

PACER
20

NOTICE of appearance by Dion F Sankar on behalf of Shawn D Huff, Brent Jestes, Chris McBee, McDonnal, Steven Nibarger, Terry Page, Parkhurst, Ronda Pash, Shawn Pettigrew, Cyndi Prudden, Richey, Sliver, Todd Warren (Attorney Dion F Sankar added to party Shawn D Huff(pty:dft), Attorney Dion F Sankar added to party Brent Jestes(pty:dft), Attorney Dion F Sankar added to party Chris McBee(pty:dft), Attorney Dion F Sankar added to party McDonnal(pty:dft), Attorney Dion F Sankar added to party Steven Nibarger(pty:dft), Attorney Dion F Sankar added to party Terry Page(pty:dft), Attorney Dion F Sankar added to party Parkhurst(pty:dft), Attorney Dion F Sankar added to party Ronda Pash(pty:dft), Attorney Dion F Sankar added to party Shawn Pettigrew(pty:dft), Attorney Dion F Sankar added to party Cyndi Prudden(pty:dft), Attorney Dion F Sankar added to party Richey(pty:dft), Attorney Dion F Sankar added to party Sliver(pty:dft), Attorney Dion F Sankar added to party Todd Warren(pty:dft))(Sankar, Dion)Modified on 8/7/201 to reflect main document 20 replaced at the request of counsel with correct case number on pleading. NEF regenerated. (Travis, Kendra) Modified on 8/14/2015 (Thoennes, Cindy). (Main Document 20 replaced on 8/14/2015) (Thoennes, Cindy). (Entered: 08/06/2015)

Aug. 6, 2015

Aug. 6, 2015

PACER
21

MOTION for extension of time to Notify the Court filed by Dion F Sankar on behalf of Shawn D Huff, Brent Jestes, Chris McBee, McDonnal, Steven Nibarger, Terry Page, Parkhurst, Ronda Pash, Shawn Pettigrew, Cyndi Prudden, Richey, Sliver, Todd Warren. Suggestions in opposition/response due by 8/24/2015 unless otherwise directed by the court. (Sankar, Dion) Modified on 8/14/2015 (Thoennes, Cindy). (Entered: 08/06/2015)

Aug. 6, 2015

Aug. 6, 2015

PACER
22

ORDER granting 21 motion for extension of time to inform the Court whether MOAG will or will not waive service of process on behalf of defendants Larry Denney, Mr. Green, Judy Huff, Brian Montgomery, and Deron Neu, through and including August 14, 2015. Signed on August 7, 2015 by District Judge Nanette K. Laughrey. (Cadoret, David) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER

Receipt

Aug. 11, 2015

Aug. 11, 2015

PACER

RECEIPT number T15223 in the amount of $11.50 issued to DOC for Willie Simmons. (James, Carrie)

Aug. 11, 2015

Aug. 11, 2015

PACER
24

NOTICE of appearance by Dion F Sankar on behalf of Larry Denney, Green, Judy Huff, Shawn D Huff, Brent Jestes, Chris McBee, McDonnal, Steven Nibarger, Terry Page, Parkhurst, Ronda Pash, Pettigrew, Shawn Pettigrew, Cyndi Prudden, Richey, Sliver, Todd Warren (Attorney Dion F Sankar added to party Larry Denney(pty:dft), Attorney Dion F Sankar added to party Green(pty:dft), Attorney Dion F Sankar added to party Judy Huff(pty:dft), Attorney Dion F Sankar added to party Pettigrew(pty:dft))(Sankar, Dion) Modified on 8/14/2015 (Thoennes, Cindy). (Entered: 08/13/2015)

Aug. 13, 2015

Aug. 13, 2015

PACER
25

ORDER that, within 20 days from the date of this Order, plaintiff is directed either to pay the $505.00 appellate filing fee, or to complete and file the enclosed in forma pauperis affidavit. Signed on August 14, 2015 by District Judge Nanette K. Laughrey. (Cadoret, David) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

PACER
26

ORDER: ORDERED that: (1) the clerk of the court shall issue appropriate summons to defendant Deron Neu, directed to the address listed by counsel in Doc. No. 24, as authorized by Fed. R. Civ. P. 4, and shall deliver the summons, the amended complaint (Doc. No. 18 ), a copy of the July 7, 2015, Order (Doc. No. 19 ), and a copy of this Order to the United States Marshal for service of process; (2) the United States Marshal shall attempt personal service of process of the foregoing documents upon defendant Deron Neu, as directed by Fed. R. Civ. P. 4; (3) defendant Deron Neu shall answer or otherwise respond to plaintiff's amended complaint (Doc. No. 18 ) within twenty-one (21) days from the date of service as required by Fed. R. Civ. P. 12; and (4) both the Clerk of the Court and the United States Marshal are directed to maintain as confidential defendant Neu's last known address. Defendant's address is to be redacted on any document provided to plaintiff, and on any document filed in the public record. Signed on August 17, 2015 by District Judge Nanette K. Laughrey. (Thoennes, Cindy) (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

PACER

Summons Issued

Aug. 17, 2015

Aug. 17, 2015

PACER

SUMMONS ISSUED as to Deron Neu. Copy of USM-285, summons, Doc. 18, Doc. 19, and order of 8/17/15 sent to the US Marshals Service for service. (Thoennes, Cindy)

Aug. 17, 2015

Aug. 17, 2015

PACER
27

MOTION to dismiss case and Suggestions in Support filed by Dion F Sankar on behalf of Larry Denney, Green, Judy Huff, Shawn D Huff, Brent Jestes, Chris McBee, McDonnal, Steven Nibarger, Terry Page, Parkhurst, Ronda Pash, Pettigrew, Shawn Pettigrew, Cyndi Prudden, Richey, Sliver, Todd Warren. Suggestions in opposition/response due by 9/3/2015 unless otherwise directed by the court. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Sankar, Dion) (Entered: 08/17/2015)

1 Exhibit Exhibit A

View on PACER

2 Exhibit Exhibit B

View on PACER

Aug. 17, 2015

Aug. 17, 2015

PACER
28

ORDER denying 27 defendants' motion to dismiss case pursuant to 28 U.S.C. Section 1915(g). Signed on August 18, 2015 by District Judge Nanette K. Laughrey. (Cadoret, David) (Entered: 08/18/2015)

Aug. 18, 2015

Aug. 18, 2015

PACER
29

NOTICE of appearance by Lynn Merle Stoppy on behalf of Larry Denney, Green, Judy Huff, Shawn D Huff, Brent Jestes, Chris McBee, McDonnal, Steven Nibarger, Terry Page, Parkhurst, Ronda Pash, Pettigrew, Shawn Pettigrew, Cyndi Prudden, Richey, Sliver, Todd Warren (Attorney Lynn Merle Stoppy added to party Larry Denney(pty:dft), Attorney Lynn Merle Stoppy added to party Green(pty:dft), Attorney Lynn Merle Stoppy added to party Judy Huff(pty:dft), Attorney Lynn Merle Stoppy added to party Shawn D Huff(pty:dft), Attorney Lynn Merle Stoppy added to party Brent Jestes(pty:dft), Attorney Lynn Merle Stoppy added to party Chris McBee(pty:dft), Attorney Lynn Merle Stoppy added to party McDonnal(pty:dft), Attorney Lynn Merle Stoppy added to party Steven Nibarger(pty:dft), Attorney Lynn Merle Stoppy added to party Terry Page(pty:dft), Attorney Lynn Merle Stoppy added to party Parkhurst(pty:dft), Attorney Lynn Merle Stoppy added to party Ronda Pash(pty:dft), Attorney Lynn Merle Stoppy added to party Pettigrew(pty:dft), Attorney Lynn Merle Stoppy added to party Shawn Pettigrew(pty:dft), Attorney Lynn Merle Stoppy added to party Cyndi Prudden(pty:dft), Attorney Lynn Merle Stoppy added to party Richey(pty:dft), Attorney Lynn Merle Stoppy added to party Sliver(pty:dft), Attorney Lynn Merle Stoppy added to party Todd Warren(pty:dft))(Stoppy, Lynn) (Entered: 08/25/2015)

Aug. 25, 2015

Aug. 25, 2015

PACER
30

ANSWER to 18 Amended Complaint on behalf of Larry Denney, Green, Judy Huff, Shawn D Huff, Brent Jestes, Chris McBee, McDonnal, Steven Nibarger, Terry Page, Parkhurst, Ronda Pash, Shawn Pettigrew, Cyndi Prudden, Richey, Sliver, Todd Warren.(Stoppy, Lynn) (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

PACER
31

SCHEDULING ORDER: Initial disclosures due by 10/16/2015. Discovery due by 2/29/2016. Dispositive Motions due by 3/31/2016. Signed on September 1, 2015 by District Judge Nanette K. Laughrey. (Cadoret, David) (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

PACER
32

PLAINTIFF'S REPLY to Doc. No. 30 filed by Ecclesiastical Denzel Washington. (Attachment: # 1 Exhibit)(Thoennes, Cindy) (Entered: 09/21/2015)

1 Exhibit

View on PACER

Sept. 8, 2015

Sept. 8, 2015

PACER
33

PLAINTIFF'S CERTIFICATE OF SERVICE of plaintiff's request for admissions, 1st request for production of documents and 1st interrogatories filed by Ecclesiastical Denzel Washington.(Thoennes, Cindy) (Entered: 09/23/2015)

Sept. 17, 2015

Sept. 17, 2015

PACER
34

PLAINTIFF'S CERTIFICATE OF SERVICE of initial disclosures filed by Ecclesiastical Denzel Washington.(Thoennes, Cindy) (Entered: 09/23/2015)

Sept. 17, 2015

Sept. 17, 2015

PACER
35

PLAINTIFF'S SUPPLEMENTAL expert witness disclosures filed by Ecclesiastical Denzel Washington. (Thoennes, Cindy) (Entered: 09/23/2015)

Sept. 17, 2015

Sept. 17, 2015

PACER
36

PLAINTIFF'S CERTIFICATE OF SERVICE of serving written discovery to all defendants filed by Ecclesiastical Denzel Washington. (Attachment: # 1 Exhibit)(Thoennes, Cindy) (Entered: 09/23/2015)

1 Exhibit

View on PACER

Sept. 17, 2015

Sept. 17, 2015

PACER
37

PLAINTIFF'S CERTIFICATE OF SERVICE of plaintiff's 1st set of interrogatories and request for production of documents filed by Ecclesiastical Denzel Washington. (Attachment: # 1 Exhibit)(Thoennes, Cindy) (Entered: 09/23/2015)

1 Exhibit

View on PACER

Sept. 17, 2015

Sept. 17, 2015

PACER
38

PLAINTIFF'S CERTIFICATE OF SERVICE of request for admissions filed by Ecclesiastical Denzel Washington. (Attachment: # 1 Exhibit)(Thoennes, Cindy) (Entered: 09/23/2015)

1 Exhibit

View on PACER

Sept. 17, 2015

Sept. 17, 2015

PACER
39

PLAINTIFF'S CERTIFICATE OF SERVICE of written discovery all defendants filed by Ecclesiastical Denzel Washington. (Attachment: # 1 Exhibit)(Thoennes, Cindy) (Entered: 09/23/2015)

1 Exhibit

View on PACER

Sept. 17, 2015

Sept. 17, 2015

PACER
40

Inmate ACCOUNT STATEMENT filed by Ecclesiastical Denzel Washington. (Thoennes, Cindy) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
41

ORDER: ORDERED that plaintiff is denied leave to proceed in forma pauperis on appeal. It is further ORDERED that plaintiff either must pay the $505.00 appellate filing and docketing fees or renew his application for leave to proceed in forma pauperis with the United States Court of Appeals for the Eighth Circuit within the time set forth in Fed. R. App. P. 24(a) if he seeks to proceed with this interlocutory appeal. It is further ORDERED that the Clerk of the Court is directed to electronically transmit this case to the United States Court of Appeals for the Eighth Circuit for further processing. Signed on September 30, 2015 by District Judge Nanette K. Laughrey. (Thoennes, Cindy) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
42

TRANSMISSION of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail. Related document 23 Notice of Interlocutory Appeal. (Thoennes, Cindy) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
43

MOTION to strike 17 Order on Motion to Reopen Case, Order on Motion to Vacate,,,, Motion to Strike All Discovery Filed by Plaintiff on September 17, 2015 filed by Lynn Merle Stoppy on behalf of Larry Denney, Green, Judy Huff, Shawn D Huff, Brent Jestes, Chris McBee, McDonnal, Steven Nibarger, Terry Page, Parkhurst, Ronda Pash, Pettigrew, Shawn Pettigrew, Cyndi Prudden, Richey, Sliver, Todd Warren. Suggestions in opposition/response due by 10/22/2015 unless otherwise directed by the court. (Related document(s) 17 ) (Stoppy, Lynn) (Entered: 10/05/2015)

Oct. 5, 2015

Oct. 5, 2015

PACER
44

ORDER directing plaintiff, within 20 days, to file a response to 43 MOTION to strike Motion to Strike All Discovery Filed by Plaintiff on September 17, 2015 filed by Judy Huff, Steven Nibarger, Pettigrew, Shawn D Huff, Brent Jestes, Cyndi Prudden, Ronda Pash, Parkhurst, Shawn Pettigrew, Sliver, Richey, Terry Page, Larry Denney, Chris McBee, Green, Todd Warren, and McDonnal. Further ORDERED that, on the Courts own motion, defendants are granted a protective order and need not respond to plaintiffs pending discovery requests until further Order of the Court, after the pending motion to strike has been resolved. Signed on October 7, 2015 by District Judge Nanette K. Laughrey. (Cadoret, David) (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

PACER

USCA Case Number and Briefing Schedule

Oct. 7, 2015

Oct. 7, 2015

PACER

USCA Case Number from 8th Circuit is 15-3243 for 23 Notice of Interlocutory Appeal filed by Ecclesiastical Denzel Washington. (Thoennes, Cindy)

Oct. 7, 2015

Oct. 7, 2015

PACER
45

ORDER of US COURT OF APPEALS: If the original file of the United States District Court is available for review in electronic format, the court will rely on the electronic version of the record in its review. The appendices required by Eighth Circuit Rule 30A shall not be required. In accordance with Eighth Circuit Local Rule 30A(a)(2), the Clerk of the United States District Court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format through PACER, including any documents maintained in paper format or filed under seal, exhibits, CDs, videos, administrative records and state court files. These documents should be submitted within 10 days. (CLERK'S NOTE: All documents pertaining to this case are on CM/ECF. Nothing will be sent to the Court of Appeals.) (Thoennes, Cindy) (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

PACER

Receipt

Oct. 9, 2015

Oct. 9, 2015

PACER

RECEIPT number T15281 in the amount of $11.40 issued to MO DOC for Willie Simmons. (Lock, Tania)

Oct. 9, 2015

Oct. 9, 2015

PACER
47

PLAINTIFF'S RESPONSE to Doc. No. 43 filed by Ecclesiastical Denzel Washington. (Attachment: # 1 Exhibits)(Thoennes, Cindy) (Entered: 10/16/2015)

1 Exhibit

View on PACER

Oct. 14, 2015

Oct. 14, 2015

PACER
48

PLAINTIFF'S CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES.(Thoennes, Cindy) (Entered: 10/16/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
49

PLAINTIFF'S CERTIFICATE OF SERVICE of expert witnesses filed by Ecclesiastical Denzel Washington.(Thoennes, Cindy) (Entered: 10/16/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
50

PLAINTIFF'S CERTIFICATE OF SERVICE of identity of prisoner witnesses filed by Ecclesiastical Denzel Washington.(Thoennes, Cindy) (Entered: 10/16/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
51

PLAINTIFF'S list of defendants information filed by Ecclesiastical Denzel Washington (Thoennes, Cindy) (Entered: 10/16/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
46

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Lynn Merle Stoppy on behalf of Defendants Larry Denney, Green, Judy Huff, Shawn D Huff, Brent Jestes, Chris McBee, McDonnal, Steven Nibarger, Terry Page, Parkhurst, Ronda Pash, Pettigrew, Shawn Pettigrew, Cyndi Prudden, Richey, Sliver, Todd Warren.(Stoppy, Lynn) (Entered: 10/16/2015)

Oct. 16, 2015

Oct. 16, 2015

PACER
52

USCA Judgment as to 23 Notice of Interlocutory Appeal filed by Ecclesiastical Denzel Washington This is a preliminary judgment of U.S. Court of Appeals; jurisdiction is not recovered until the Mandate is issued by the U.S Court of Appeals. Appellant's motion to dismiss the appeal is granted. The appeal is hereby dismissed in accordance with the Federal Rules of Appellate Procedure 42(b). The full $505 appellate and docketing fees are assessed against the appellant. The Court's mandate shall issue forthwith. (Thoennes, Cindy) (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

PACER
53

MANDATE of US COURT OF APPEALS as to 23 Notice of Interlocutory Appeal filed by Ecclesiastical Denzel Washington with mandate issued on October 20, 2015. In accordance with the judgment of 10/20/2015, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. (Thoennes, Cindy) (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

PACER
54

ORDER directing defendants, within 20 days, to file a reply to 47 Response to 43 motion to strike, filed by Ecclesiastical Denzel Washington. Signed on October 22, 2015 by District Judge Nanette K. Laughrey. (Cadoret, David) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
56

RETURN OF SERVICE of complaint executed. Deron Neu served on 10/16/2015. (Thoennes, Cindy) (Entered: 11/05/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER
55

ORDER: ORDERED that the agency having custody of plaintiff forward to the clerk of the court monthly payments of 20 percent of the preceding month's income credited to plaintiff's account each time the amount in the account exceeds $10 until the $505.00 appellate filing fee is paid. Signed on October 29, 2015 by District Judge Nanette K. Laughrey. (Thoennes, Cindy) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER

Remark

Nov. 5, 2015

Nov. 5, 2015

PACER

***Remark: Copy of docket sheet mailed to plaintiff upon request. (Thoennes, Cindy)

Nov. 5, 2015

Nov. 5, 2015

PACER

Remark

Nov. 5, 2015

Nov. 5, 2015

PACER
57

REPLY SUGGESTIONS to motion re 43 MOTION to strike 17 Order on Motion to Reopen Case, Order on Motion to Vacate,,,, Motion to Strike All Discovery Filed by Plaintiff on September 17, 2015 filed by Lynn Merle Stoppy on behalf of Defendants Larry Denney, Green, Judy Huff, Shawn D Huff, Brent Jestes, Chris McBee, McDonnal, Steven Nibarger, Terry Page, Parkhurst, Ronda Pash, Pettigrew, Shawn Pettigrew, Cyndi Prudden, Richey, Sliver, Todd Warren. (Related document(s) 43 ) (Stoppy, Lynn) (Entered: 11/09/2015)

Nov. 9, 2015

Nov. 9, 2015

PACER
58

ORDER denying, as moot, 43 defendants' motion to strike plaintiff's discovery. Defendants are granted an extension of time, through and including January 8, 2016, within which to serve plaintiff with their responses and/or objections to plaintiffs September 17, 2015, discovery requests. Signed on November 9, 2015 by District Judge Nanette K. Laughrey. (Cadoret, David) (Entered: 11/09/2015)

Nov. 9, 2015

Nov. 9, 2015

PACER
59

CERTIFICATE OF SERVICE by Lauretta Aitkens, Larry Denney, Green, Kimberly Herring, Judy Huff, Shawn D Huff, Brent Jestes, Chris McBee, McDonnal, Brian Montgomery, Deron Neu, Steven Nibarger, Terry Page, Parkhurst, Ronda Pash, Pettigrew, Shawn Pettigrew, Cyndi Prudden, Richey, Sliver, Todd Warren, White filed by Lynn Merle Stoppy on behalf of Defendants Lauretta Aitkens, Larry Denney, Green, Kimberly Herring, Judy Huff, Shawn D Huff, Brent Jestes, Chris McBee, McDonnal, Brian Montgomery, Deron Neu, Steven Nibarger, Terry Page, Parkhurst, Ronda Pash, Pettigrew, Shawn Pettigrew, Cyndi Prudden, Richey, Sliver, Todd Warren, White.(Attorney Lynn Merle Stoppy added to party Lauretta Aitkens(pty:dft), Attorney Lynn Merle Stoppy added to party Kimberly Herring(pty:dft), Attorney Lynn Merle Stoppy added to party Brian Montgomery(pty:dft), Attorney Lynn Merle Stoppy added to party Deron Neu(pty:dft), Attorney Lynn Merle Stoppy added to party White(pty:dft))(Stoppy, Lynn) (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER

RECEIPT number T1611 in the amount of $40.00 issued to MO DOC for Willie Simmons. (Lock, Tania)

Jan. 11, 2016

Jan. 11, 2016

PACER

Receipt

Jan. 11, 2016

Jan. 11, 2016

PACER

RECEIPT number T1611 in the amount of $40.00 issued to MO DOC for Willie Simmons on appeal fee. (Lock, Tania)

Jan. 11, 2016

Jan. 11, 2016

PACER
60

PLAINTIFF'S MOTION for order compelling discovery filed by Ecclesiastical Denzel Washington. (Attachment: # 1 Exhibit)(Thoennes, Cindy) (Entered: 01/26/2016)

1 Exhibit

View on PACER

Jan. 19, 2016

Jan. 19, 2016

PACER
61

ORDER directing defendants, within 20 days, to file a response to 60 MOTION for order compelling discovery, filed by Ecclesiastical Denzel Washington. Signed on January 26, 2016 by District Judge Nanette K. Laughrey. (Cadoret, David) (Entered: 01/26/2016)

Jan. 26, 2016

Jan. 26, 2016

PACER

RECEIPT number T1646 in the amount of $12.00 issued to DOC for Willie Simmons. (James, Carrie)

Feb. 16, 2016

Feb. 16, 2016

PACER

Receipt

Feb. 16, 2016

Feb. 16, 2016

PACER

RECEIPT number T1646 in the amount of $12.00 issued to DOC for Willie Simmons on appeal. (James, Carrie)

Feb. 16, 2016

Feb. 16, 2016

PACER
62

SUGGESTIONS in opposition re 60 MOTION for order filed by Lynn Merle Stoppy on behalf of Defendants Larry Denney, Green, Judy Huff, Shawn D Huff, Brent Jestes, Chris McBee, McDonnal, Brian Montgomery, Deron Neu, Steven Nibarger, Terry Page, Parkhurst, Ronda Pash, Pettigrew, Shawn Pettigrew, Cyndi Prudden, Richey, Sliver, Todd Warren. Reply suggestions due by 3/4/2016 unless otherwise directed by the court (Related document(s) 60 ) (Stoppy, Lynn) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER
63

ORDER directing plaintiff, within 20 days, to file a reply to 62 Suggestions in Opposition to Motion to Compel Discovery, filed by Judy Huff, Deron Neu, Steven Nibarger, Brent Jestes, Cyndi Prudden, Ronda Pash, Sliver, Richey, Larry Denney, Green, McDonnal, Pettigrew, Brian Montgomery, Shawn D Huff, Parkhurst, Shawn Pettigrew, Terry Page, Chris McBee, and Todd Warren. Signed on February 18, 2016 by District Judge Nanette K. Laughrey. (Cadoret, David) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
64

PLAINTIFF'S REPLY to Doc. No. 62 filed by Ecclesiastical Denzel Washington. (Attachment: # 1 Exhibit)(Thoennes, Cindy) (Entered: 03/09/2016)

1 Exhibit

View on PACER

March 3, 2016

March 3, 2016

PACER
65

PLAINTIFF'S MOTION for appointment of counsel filed by Ecclesiastical Denzel Washington. (Attachment: # 1 Exhibit)(Thoennes, Cindy) (Entered: 03/09/2016)

1 Exhibit

View on PACER

March 3, 2016

March 3, 2016

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 15, 2014

Closing Date: April 1, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Inmate at CrossRoads Correctional Facility

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Cross Roads Correctional Center (Cameron, Clinton), None

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief denied

Implement complaint/dispute resolution process

Amount Defendant Pays: 201681.02

Issues

General/Misc.:

Conditions of confinement

Failure to discipline

Failure to supervise

Sanitation / living conditions

Totality of conditions

Medical/Mental Health Care:

Medical care, general

Medication, administration of

Policing:

Inadequate citizen complaint investigations and procedures