Case: Gasca v. Precythe

2:17-cv-04149 | U.S. District Court for the Western District of Missouri

Filed Date: Aug. 14, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

Parolees in the custody of the Missouri Department of Corrections (MDOC) filed this class-action lawsuit against MDOC on August 14, 2017. They alleged that MDOC was failing to educate parolees about their right to a hearing; failing to screen parolees to determine whether they qualified for a court-appointed attorney; and failing to provide other procedural rights during the parole revocation process. The plaintiffs, alleging that these failures amounted to a violation of the Due Process Clause…

Parolees in the custody of the Missouri Department of Corrections (MDOC) filed this class-action lawsuit against MDOC on August 14, 2017. They alleged that MDOC was failing to educate parolees about their right to a hearing; failing to screen parolees to determine whether they qualified for a court-appointed attorney; and failing to provide other procedural rights during the parole revocation process. The plaintiffs, alleging that these failures amounted to a violation of the Due Process Clause of the Fourteenth Amendment, brought suit under 42 U.S.C. § 1983, in the U.S. District Court for the Western District of Missouri. Represented by the MacArthur Justice Center, they sought declaratory relief, injunctive relief, and attorneys’ fees and costs. The case was assigned to Judge Stephen R. Bough.

The lead plaintiff was eight months pregnant when parole officers arrested her for leaving her residential drug rehabilitation program early. Her parole officer led her to believe that it was in her best interest to voluntarily waive her rights to all formal hearings as a condition of early release. She was not informed of her right to an attorney when she signed a form waiving her final revocation hearing, and she believed that if she signed the waiver, she would be released in time to deliver her baby outside of jail. Instead, she was sent to prison, where she remained until five months after her baby was born.

On September 18, 2017, the plaintiffs sought class certification consisting of all parolees who faced or would face parole revocation hearings in Missouri. They filed an amended complaint on October 12, 2017.

MDOC moved to dismiss the amended complaint on October 26, 2017, claiming:

  • that the plaintiffs’ claims were speculative;
  • that MDOC had no authority to provide counsel for parolees;
  • that all claims were barred by judicial immunity;
  • that parole board orders could be directly reviewed, and that judicial review was therefore inappropriate;
  • that the Younger doctrine required the federal court to refrain from interfering with pending state judicial proceedings; and
  • that the Eleventh Amendment and quasi-judicial immunity protected MDOC from damages claims.

On December 5, 2017, the court denied the plaintiffs’ motion to certify a class, holding that they had not met the commonality and typicality requirements for class certification. On December 15, 2017, the court denied MDOC’s motion to dismiss.

The plaintiffs filed another motion for class certification on November 27, 2018. The court granted this motion on January 4, 2019, defining the certified class as “[a]ll adult parolees in the state of Missouri who currently face, or who in the future will face, parole revocation proceedings.”

Although the court had initially set a trial date for the spring of 2019, in December 2018 it instead ordered the case to mediation. Shortly after this order, the plaintiffs moved for summary judgment on December 27, 2018. They claimed that the undisputed facts demonstrated that MDOC was not providing counsel as required by the Supreme Court’s ruling in Gagnon v. Scarpelli, and that MDOC had failed to meet other minimal due process requirements set forth in prior Supreme Court rulings.

In January 2019, the parties participated in mediation. MDOC admitted that its policies had not been in compliance with Gagnon v. Scarpelli at the time the plaintiffs filed their complaint; however, the Department had since taken corrective measures to remedy these shortcomings. MDOC requested a delayed ruling on the plaintiffs’ motion for summary judgment, to allow further progress toward a settlement agreement. The court granted the plaintiffs’ motion for summary judgment on February 27, 2019. It is unclear whether a formal settlement agreement had been reached, or what type of remedy had been provided to class members.

On May 15, 2019, a parolee moved pro se to join the class action and to proceed separately, in order to receive individual relief; the court granted this request on May 30, 2019. On November 1, 2019, MDOC moved to dismiss the case for lack of jurisdiction. The court denied this motion on December 19, 2019. The court stated, among other things, that “Defendants have failed to meet their heavy burden to establish it is ‘absolutely clear’ that Defendants’ current revised policies, procedures, and forms pass constitutional muster.”

In April 2020, the plaintiffs filed a motion for emergency relief in light of the COVID-19 pandemic, requesting that the court issue a writ ordering MDOC to cease parole revocation proceedings. On April 15, 2020, the court held that such a writ would “be beyond the scope of this case.”

On August 5, 2020, the court denied MDOC’s motion to decertify the class. 

Several individuals filed pro se motions to intervene in the case as class representatives; however, the court denied all of them. See Edward Moore’s pro se motion to intervene, filed on January 4, 2021, and denied on January 5, 2021; William Cooper’s pro se motion to intervene, filed on April 14, 2021, and denied on April 19, 2021; and David Steele’s pro se motion to intervene, filed on August 16, 2024, and denied on September 4, 2024. David Steele also filed a pro se motion to alter or amend the judgment, which the court denied on December 23, 2024.

On January 28, 2025, the court entered a judgment based on the parties’ reports regarding the defendants’ compliance with the settlement agreement. The judgment ordered the defendants to continue complying with the settlement agreement. The court also awarded the plaintiffs attorneys’ fees in the amount of $29,925 and costs in the amount of $507.13.

Following the judgment, the defendants filed a motion to alter or amend the judgment on February 11, 2025. They also filed a notice of appeal from the judgment on February 27, 2025.

The case remained ongoing as of October 28, 2025.

Summary Authors

Kimberly Goshey (6/11/2019)

Bogyung Lim (8/10/2020)

Sowon Yoon (1/17/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6370150/parties/gasca-v-precythe/


Judge(s)

Bough, Stephen Rogers (Missouri)

Attorney for Plaintiff

Bedi, Sheila A. (Illinois)

Bowman, Locke E. III (Illinois)

Breihan, Amy Elizabeth (Missouri)

Crane, Megan G (Missouri)

Attorney for Defendant

Documents in the Clearinghouse

Documents in this case
1

2:17-cv-04149

Class Action Complaint

Aug. 14, 2017

Aug. 14, 2017

Complaint
23

2:17-cv-04149

Amended Class Action Complaint

Oct. 12, 2017

Oct. 12, 2017

Complaint
42

2:17-cv-04149

Order

Dec. 5, 2017

Dec. 5, 2017

Order/Opinion
50

2:17-cv-04149

Order

Dec. 15, 2017

Dec. 15, 2017

Order/Opinion
132

2:17-cv-04149

Order

Jan. 4, 2019

Jan. 4, 2019

Order/Opinion

2019 WL 112789

146

2:17-cv-04149

Order

Feb. 27, 2019

Feb. 27, 2019

Order/Opinion
217

2:17-cv-04149

Order

Dec. 19, 2019

Dec. 19, 2019

Order/Opinion
250

2:17-cv-04149

Plaintiffs' Emergency Motion for Relief Pursuant to All Writs Act

March 25, 2020

March 25, 2020

Pleading / Motion / Brief
261

2:17-cv-04149

Order

April 15, 2020

April 15, 2020

Order/Opinion
320

2:17-cv-04149

Order

Aug. 5, 2020

Aug. 5, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6370150/gasca-v-precythe/

Last updated July 13, 2026, 4:46 a.m.

Docket for: Gasca v. Precythe
ECF Number Date Description Link
1 Aug. 14, 2017

COMPLAINT against All Defendants filed by Mae C Quinn on behalf of All Plaintiffs. Filing fee $400, receipt number 0866-5399204. Service due by 11/13/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Civil Cover Sheet)(Quinn, Mae) (Entered: 08/14/2017)

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Clearinghouse
Aug. 16, 2017

Summons Issued

Aug. 16, 2017

ELECTRONIC SUMMONS ISSUED and emailed to plaintiff's attorney as to Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus. (Geiser, Angel)

Aug. 28, 2017

Summons Reissued

Aug. 28, 2017

ELECTRONIC SUMMONS REISSUED as to Don Ruzicka and emailed to plaintiff's counsel. (Lock, Tania)

2 Aug. 31, 2017

MOTION to substitute attorney filed by Laura E. Elsbury on behalf of All Defendants. Suggestions in opposition/response due by 9/14/2017 unless otherwise directed by the court. (Attorney Laura E. Elsbury added to party Gary Dusenberg(pty:dft), Attorney Laura E. Elsbury added to party Kenneth Jones(pty:dft), Attorney Laura E. Elsbury added to party Ellis McSwain, Jr(pty:dft), Attorney Laura E. Elsbury added to party Anne L. Precythe(pty:dft), Attorney Laura E. Elsbury added to party Martin Rucker(pty:dft), Attorney Laura E. Elsbury added to party Don Ruzicka(pty:dft), Attorney Laura E. Elsbury added to party Jim Wells(pty:dft), Attorney Laura E. Elsbury added to party Jennifer Zamkus(pty:dft))(Elsbury, Laura) (Entered: 08/31/2017)

RECAP
3 Sept. 1, 2017

Before the Court is Substitution of Counsel. (Doc. #2). For good cause stated attorney Stephen Hawke is hereby removed as counsel of record for Defendants, and attorneys Laura E. Elsbury and Michael Quinlan are added as counsel of record for Defendants. Signed on 9/1/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 09/01/2017)

RECAP
Sept. 1, 2017

Order on Motion to Substitute Attorney

4 Sept. 5, 2017

Consent MOTION for extension of time to file answer or Responsive Motion filed by Laura E. Elsbury on behalf of All Defendants. Suggestions in opposition/response due by 9/19/2017 unless otherwise directed by the court. (Elsbury, Laura) (Entered: 09/05/2017)

RECAP
5 Sept. 6, 2017

Before the Court is Consent Motion for Extension of Time to File Answer or Responsive Motion. (Doc. #4). For good cause stated the motion is granted. Defendants Anne Precythe, Kenneth Jones, Jennifer Zamkus, Jim Wells, Martin Rucker, Ellis McSwain, Jr., Don Ruzicka, and Gary Dusenberg are granted an extension until and including October 6, 2017, to answer or otherwise respond to Plaintiff's Complaint. Signed on 9/6/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 09/06/2017)

RECAP
Sept. 6, 2017

Order on Motion for Extension of Time to Answer

6 Sept. 18, 2017

MOTION to certify class filed by Mae C Quinn on behalf of All Plaintiffs. Suggestions in opposition/response due by 10/2/2017 unless otherwise directed by the court. (Attachments: # 1 Supplement Suggestions in Support of Motion for Class Certification)(Quinn, Mae) (Entered: 09/18/2017)

1 Supplement Suggestions in Support of Motion for Class Certification

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RECAP
7 Sept. 27, 2017

MOTION for extension of time to file response/reply as to 6 MOTION to certify class filed by Laura E. Elsbury on behalf of All Defendants. Suggestions in opposition/response due by 10/11/2017 unless otherwise directed by the court. (Related document(s) 6 ) (Elsbury, Laura) (Entered: 09/27/2017)

RECAP
8 Sept. 28, 2017

Before the Court is Motion for an Enlargement of Time to Respond to Plaintiffs' Motion Seeking Class Certification. (Doc. #7). Plaintiffs oppose the motion. Even so, the Court finds good cause for granting a 30-day extension of time given the very early stage of this proceeding and the complexity of the issues involved. Accordingly, the MDOC Defendants are granted an extension of time until and including November 1, 2017, to respond to Plaintiffs' motion for class certification. Signed on 9/28/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 09/28/2017)

RECAP
Sept. 28, 2017

Order on Motion for Extension of Time to File Response/Reply

9 Sept. 29, 2017

RETURN OF SERVICE of complaint executed by All Plaintiffs. Gary Dusenberg served on 8/17/2017, answer due 10/6/2017. (Quinn, Mae) (Entered: 09/29/2017)

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10 Sept. 29, 2017

RETURN OF SERVICE of complaint executed by All Plaintiffs. Anne L. Precythe served on 8/17/2017, answer due 10/6/2017. (Quinn, Mae) (Entered: 09/29/2017)

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11 Sept. 29, 2017

RETURN OF SERVICE of complaint executed by All Plaintiffs. Martin Rucker served on 8/17/2017, answer due 10/6/2017. (Quinn, Mae) (Entered: 09/29/2017)

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12 Sept. 29, 2017

RETURN OF SERVICE of complaint executed by All Plaintiffs. Jim Wells served on 8/17/2017, answer due 10/6/2017. (Quinn, Mae) (Entered: 09/29/2017)

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13 Sept. 29, 2017

RETURN OF SERVICE of complaint executed by All Plaintiffs. Jennifer Zamkus served on 8/17/2017, answer due 10/6/2017. (Quinn, Mae) (Entered: 09/29/2017)

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14 Sept. 29, 2017

RETURN OF SERVICE of complaint executed by All Plaintiffs. Kenneth Jones served on 8/17/2017, answer due 10/6/2017. (Quinn, Mae) (Entered: 09/29/2017)

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15 Sept. 29, 2017

RETURN OF SERVICE of complaint executed by All Plaintiffs. Ellis McSwain, Jr served on 8/17/2017, answer due 10/6/2017. (Quinn, Mae) (Entered: 09/29/2017)

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16 Sept. 29, 2017

RETURN OF SERVICE of complaint executed by All Plaintiffs. Don Ruzicka served on 9/8/2017, answer due 10/6/2017. (Quinn, Mae) (Entered: 09/29/2017)

RECAP
17 Oct. 2, 2017

NOTICE of appearance by Justin Moore on behalf of Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus (Attorney Justin Moore added to party Gary Dusenberg(pty:dft), Attorney Justin Moore added to party Kenneth Jones(pty:dft), Attorney Justin Moore added to party Ellis McSwain, Jr(pty:dft), Attorney Justin Moore added to party Anne L. Precythe(pty:dft), Attorney Justin Moore added to party Martin Rucker(pty:dft), Attorney Justin Moore added to party Don Ruzicka(pty:dft), Attorney Justin Moore added to party Jim Wells(pty:dft), Attorney Justin Moore added to party Jennifer Zamkus(pty:dft))(Moore, Justin) (Entered: 10/02/2017)

RECAP
18 Oct. 6, 2017

Consent MOTION for extension of time to file answer re 1 Complaint,, filed by Laura E. Elsbury on behalf of All Defendants. Suggestions in opposition/response due by 10/20/2017 unless otherwise directed by the court. (Related document(s) 1 ) (Elsbury, Laura) (Entered: 10/06/2017)

RECAP
19 Oct. 6, 2017

Before the Court is Consent Motion for Extension of Time to File Answer or Responsive Motion. (Doc. #18). For good cause stated the motion is granted. The MDOC Defendants are granted an extension of time until and including October 25, 2017, to answer or otherwise respond to Plaintiffs' Complaint. Signed on 10/6/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 10/06/2017)

RECAP
Oct. 6, 2017

Order on Motion for Extension of Time to Answer

20 Oct. 11, 2017

MOTION for leave to file Amended Complaint filed by Mae C Quinn on behalf of All Plaintiffs. Suggestions in opposition/response due by 10/25/2017 unless otherwise directed by the court. (Quinn, Mae) (Entered: 10/11/2017)

RECAP
21 Oct. 11, 2017

SUGGESTIONS in support re 20 MOTION for leave to file Amended Complaint filed by Mae C Quinn on behalf of Plaintiffs Mildred Curren, Timothy Gallagher, Stephanie Gasca, Kenneth Hemphill, Jesse Neely, Amber Wyse. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit)(Related document(s) 20 ) (Quinn, Mae) (Entered: 10/11/2017)

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22 Oct. 12, 2017

Before the Court is Plaintiffs' Motion for Leave to File Amended Complaint. (Doc. #20). As leave to amend should be "freely given when justice so requires" pursuant to Federal Rule of Civil Procedure 15(a)(2), the motion is granted. Plaintiffs are directed to file their Amended Complaint on or before Friday, October 13, 2017. Signed on 10/12/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 10/12/2017)

RECAP
23 Oct. 12, 2017

AMENDED COMPLAINT against All Defendants filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Index 22)(Breihan, Amy) (Entered: 10/12/2017)

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Clearinghouse
Oct. 12, 2017

Order on Motion for Leave to File

24 Oct. 26, 2017

MOTION for extension of time to file response/reply filed by Laura E. Elsbury on behalf of Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus. Suggestions in opposition/response due by 11/9/2017 unless otherwise directed by the court. (Elsbury, Laura) (Entered: 10/26/2017)

RECAP
25 Oct. 26, 2017

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to dismiss for lack of jurisdiction filed by Laura E. Elsbury on behalf of Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus. Suggestions in opposition/response due by 11/9/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit Exhibit A)(Elsbury, Laura) (Entered: 10/26/2017)

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26 Oct. 26, 2017

Before the Court is Defendants' Motion for Extension of Time to File Answer or Responsive Motion. (Doc. #24). For good cause stated the motion is granted. Defendants are granted leave to file their responsive pleading on or before October 26, 2017. Signed on 10/26/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 10/26/2017)

RECAP
Oct. 26, 2017

Order on Motion for Extension of Time to File Response/Reply

27 Nov. 1, 2017

SUGGESTIONS in opposition re 6 MOTION to certify class filed by Laura E. Elsbury on behalf of Defendants Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus. Reply suggestions due by 11/15/2017 unless otherwise directed by the court. (Related document(s) 6 ) (Elsbury, Laura) (Entered: 11/01/2017)

RECAP
28 Nov. 9, 2017

MOTION for extension of time to Respond to Defendants' Motion to Dismiss filed by Mae C Quinn on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/24/2017 unless otherwise directed by the court. (Quinn, Mae) (Entered: 11/09/2017)

RECAP
29 Nov. 9, 2017

ORDER: Before the Court is Plaintiffs' Consent Motion for Extension of Time to File Response to Defendants' Motion to Dismiss. (Doc. # 28 ). For good cause stated the motion is granted. Plaintiffs are granted an extension of time until and including November 15, 2017, to respond to Defendants' motion to dismiss. Signed on 11/9/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Ellis, Lindsey) (Entered: 11/09/2017)

RECAP
Nov. 9, 2017

Order on Motion for Extension of Time

30 Nov. 15, 2017

MOTION for extension of time for Reply to Motion for Class Certification filed by Mae C Quinn on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/29/2017 unless otherwise directed by the court. (Quinn, Mae) (Entered: 11/15/2017)

RECAP
31 Nov. 15, 2017

Before the Court is Consent Motion for Extension of Time to File Reply to Motion for Class Certification. (Doc. #30). For good cause stated the motion is granted. Plaintiffs' reply in support of their motion for class certification is due on or before November 24, 2017. Signed on 11/15/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 11/15/2017)

RECAP
32 Nov. 15, 2017

MOTION for leave to file excess pages in Opposition to Defendants' Motion to Dismiss filed by Mae C Quinn on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/29/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit Proposed Opposition to Motion to Dismiss)(Quinn, Mae) (Entered: 11/15/2017)

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33 Nov. 15, 2017

SUGGESTIONS in opposition re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to dismiss for lack of jurisdiction filed by Mae C Quinn on behalf of Plaintiffs Mildred Curren, Timothy Gallagher, Stephanie Gasca, Kenneth Hemphill, Jesse Neely, Solomon Warren, Amber Wyse. Reply suggestions due by 11/29/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Related document(s) 25 ) (Quinn, Mae) (Entered: 11/15/2017)

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RECAP
Nov. 15, 2017

Order on Motion for Extension of Time

34 Nov. 16, 2017

Before the Court is Plaintiffs' Motion for leave to Exceed Page Limitation and Suggestions in Support. (Doc. #32). For good cause stated the motion is granted. Plaintiffs are granted leave to file their opposition to Defendants' motion to dismiss in a length up to and including seventeen (17) pages. Signed on 11/16/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 11/16/2017)

RECAP
Nov. 16, 2017

Order on Motion for Leave to File Excess Pages

35 Nov. 24, 2017

MOTION for extension of time to file response/reply as to 6 MOTION to certify class filed by Mae C Quinn on behalf of All Plaintiffs. Suggestions in opposition/response due by 12/8/2017 unless otherwise directed by the court. (Related document(s) 6 ) (Quinn, Mae) (Entered: 11/24/2017)

RECAP
36 Nov. 27, 2017

Before this Court is Plaintiffs' Motion for Extension of Time to file a Reply to the Motion for Class Certification (Doc. #35). For good cause stated, the Motion is granted. Reply Suggestions to Motion for Class Certification 6 are due on November 29, 2017. Signed on 11/27/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 11/27/2017)

RECAP
Nov. 27, 2017

Order on Motion for Extension of Time to File Response/Reply

37 Nov. 29, 2017

Consent MOTION for extension of time to File Reply Suggestions filed by Laura E. Elsbury on behalf of All Defendants. Suggestions in opposition/response due by 12/13/2017 unless otherwise directed by the court. (Elsbury, Laura) (Entered: 11/29/2017)

RECAP
38 Nov. 29, 2017

REPLY SUGGESTIONS to motion re 6 MOTION to certify class filed by Mae C Quinn on behalf of Plaintiffs Mildred Curren, Timothy Gallagher, Stephanie Gasca, Kenneth Hemphill, Jesse Neely, Solomon Warren, Amber Wyse. (Related document(s) 6 ) (Quinn, Mae) (Entered: 11/29/2017)

RECAP
39 Nov. 30, 2017

Before the Court is Consent Motion for Extension of Time to File Reply Suggestions. (Doc. #37). For good cause stated the motion is granted. Defendants are granted an extension of time until and including December 13, 2017, to file their reply suggestions in support of their motion to dismiss the Amended Complaint. Signed on 11/30/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 11/30/2017)

RECAP
40 Nov. 30, 2017

MOTION to withdraw as attorney filed by Michael D. Quinlan on behalf of Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus. Suggestions in opposition/response due by 12/14/2017 unless otherwise directed by the court. (Quinlan, Michael) (Entered: 11/30/2017)

RECAP
41 Nov. 30, 2017

ORDER: Before the Court is Motion to Withdraw as Co-Counsel of Record. (Doc. #40). For good cause stated the motion is granted. Attorney Michael Quinlan is hereby withdrawn as counsel of record for all Defendants. Signed on 11/30/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Ellis, Lindsey) (Entered: 11/30/2017)

RECAP
Nov. 30, 2017

Order on Motion for Extension of Time

Nov. 30, 2017

Order on Motion to Withdraw as Attorney

42 Dec. 5, 2017

ORDER: Plaintiffs' Motion to Certify Class Pursuant to FRCP 23 (Doc. #6) is DENIED without prejudice. Signed on 12/4/17 by District Judge Stephen R. Bough. (Ellis, Lindsey) (Entered: 12/05/2017)

Clearinghouse
43 Dec. 8, 2017

MOTION to withdraw as attorney filed by Mae C Quinn on behalf of All Plaintiffs. Suggestions in opposition/response due by 12/22/2017 unless otherwise directed by the court. (Quinn, Mae) (Entered: 12/08/2017)

RECAP
44 Dec. 8, 2017

Before the Court is Motion to Withdraw as Counsel. (Doc. #43). For good cause stated the motion is granted. Attorney Mae C. Quinn is hereby withdrawn as counsel of record for all Plaintiffs. Signed on 12/8/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 12/08/2017)

RECAP
45 Dec. 8, 2017

Motion to allow Sheila A. Bedi to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5547312) filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. (Breihan, Amy) (Entered: 12/08/2017)

RECAP
46 Dec. 8, 2017

Motion to allow Locke E. Bowman to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5547365) filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. (Breihan, Amy) (Entered: 12/08/2017)

RECAP
Dec. 8, 2017

Order on Motion to Withdraw as Attorney

47 Dec. 11, 2017

ORDER granting 45 & 46 motion to appear pro hac vice entered by Clerk of Court. Attorneys Sheila A Bedi and Locke E Bowman for plaintiff's allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed ECF Registration Form to 80 Lafayette Street, Jefferson City, Missouri 65101. This is a TEXT ONLY ENTRY. No document is attached.(Geiser, Angel) (Entered: 12/11/2017)

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Dec. 11, 2017

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

48 Dec. 12, 2017

RULE 16 NOTICE. Proposed scheduling order due by 2/9/2018. Scheduling Conference set for 2/21/2018 09:30 AM in Courtroom 3B, Jefferson City (WAK) before District Judge Stephen R. Bough. Signed on 12/12/17 by District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 12/12/2017)

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49 Dec. 13, 2017

REPLY SUGGESTIONS to motion re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to dismiss for lack of jurisdiction filed by Laura E. Elsbury on behalf of Defendants Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus. (Related document(s) 25 ) (Elsbury, Laura) (Entered: 12/13/2017)

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50 Dec. 15, 2017

Defendants' Motion to Dismiss Amended Class Action Complaint (Doc.#25) is DENIED. Further, the Clerk of the Court is directed to substitute Mr. Paul Fitzwater for Mr. Ruzicka. Signed on 12/15/17 by District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 12/15/2017)

Clearinghouse
51 Dec. 29, 2017

ANSWER to 23 Amended Complaint,, on behalf of Gary Dusenberg, Paul Fitzwater, Kenneth Jones, Anne L. Precythe, Martin Rucker, Jim Wells, Jennifer Zamkus.(Elsbury, Laura) (Entered: 12/29/2017)

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52 Feb. 8, 2018

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Laura E. Elsbury on behalf of Defendants Gary Dusenberg, Paul Fitzwater, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus.(Elsbury, Laura) (Entered: 02/08/2018)

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53 Feb. 8, 2018

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Amy Elizabeth Breihan on behalf of Plaintiffs Mildred Curren, Timothy Gallagher, Stephanie Gasca, Kenneth Hemphill, Jesse Neely, Solomon Warren, Amber Wyse.(Breihan, Amy) (Entered: 02/08/2018)

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54 Feb. 9, 2018

Joint PROPOSED SCHEDULING ORDER by Mildred Curren, Timothy Gallagher, Stephanie Gasca, Kenneth Hemphill, Jesse Neely, Solomon Warren, Amber Wyse. (Breihan, Amy) (Entered: 02/09/2018)

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55 Feb. 12, 2018

FEDERAL RULE OF EVIDENCE 502(d) ORDER. Signed on 2/8/2018 by District Judge Stephen R. Bough. (Crocker, Susan) (Entered: 02/12/2018)

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56 Feb. 20, 2018

MOTION for leave to appear by telephone for scheduling conference filed by Sheila A Bedi on behalf of All Plaintiffs. Suggestions in opposition/response due by 3/6/2018 unless otherwise directed by the court. (Bedi, Sheila) (Entered: 02/20/2018)

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57 Feb. 20, 2018

ORDER granting 56 Before the Court is Motion for Leave to Appear at Scheduling Conference Telephonically. (Doc. #56). For good cause stated the motion is granted. Attorney Sheila A Bedi may appear via telephone for the Scheduling Conference on February 21, 2018 at 9:30 a.m. Attorney Bedi is directed to email her direct dial number where she can be reached for the hearing to Tracy Diefenbach (Tracy_Diefenbach@mow.uscourts.gov)by 8:00 a.m. tomorrow morning. Signed on 2/20/18 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(James, Carrie) Modified on 2/20/2018 (James, Carrie). (Entered: 02/20/2018)

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Feb. 20, 2018

Order on Motion for Leave to Appear

58 Feb. 21, 2018

Minute Entry. Proceedings held before District Judge Stephen R. Bough: SCHEDULING CONFERENCE held on 2/21/2018. Scheduling order to be entered. Telephone conference set for 4/30/18 at 10:00 a.m. Conference call information emailed to counsel. Counsel appearing for Plaintiff(s): Sheila Bedi (by phone) and Amy Breihand. Counsel appearing for Defendant(s): Laura Elsbury and Mike Pritchett. Time in court: 9:35 am to 10:00 am. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) Modified on 2/21/2018 to correct the name of attorneys appearing for defendants (Diefenbach, Tracy). (Entered: 02/21/2018)

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Feb. 21, 2018

1 - Text Entry Only Information AND Scheduling Conference

59 Feb. 23, 2018

RULES OF TRIAL Signed on 2/23/18 by District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 02/23/2018)

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60 Feb. 23, 2018

SCHEDULING ORDER: Fact Discovery due by 8/13/2018. Dispositive Motions due by 11/7/2018. Pretrial Conference set for 3/22/2019 11:00 AM Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Bench Trial set for 4/15/2019 09:00 AM in Courtroom 4B, Jefferson City (VDJJC) before District Judge Stephen R. Bough. Signed on 2/23/18 by District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 02/23/2018)

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61 Feb. 26, 2018

CERTIFICATE OF SERVICE by All Plaintiffs of First Set of Interrogatories and Requests for Production filed by Amy Elizabeth Breihan on behalf of Plaintiffs Mildred Curren, Timothy Gallagher, Stephanie Gasca, Kenneth Hemphill, Jesse Neely, Solomon Warren, Amber Wyse.(Breihan, Amy) (Entered: 02/26/2018)

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62 March 6, 2018

NOTICE of appearance by Charles Douglas Shull on behalf of Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus (Attorney Charles Douglas Shull added to party Gary Dusenberg(pty:dft), Attorney Charles Douglas Shull added to party Kenneth Jones(pty:dft), Attorney Charles Douglas Shull added to party Ellis McSwain, Jr(pty:dft), Attorney Charles Douglas Shull added to party Anne L. Precythe(pty:dft), Attorney Charles Douglas Shull added to party Martin Rucker(pty:dft), Attorney Charles Douglas Shull added to party Don Ruzicka(pty:dft), Attorney Charles Douglas Shull added to party Jim Wells(pty:dft), Attorney Charles Douglas Shull added to party Jennifer Zamkus(pty:dft))(Shull, Charles) (Entered: 03/06/2018)

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63 March 7, 2018

NOTICE of appearance by Charles Douglas Shull on behalf of Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus (Attorney Charles Douglas Shull added to party Ellis McSwain, Jr(pty:dft), Attorney Charles Douglas Shull added to party Don Ruzicka(pty:dft))(Shull, Charles) (Entered: 03/07/2018)

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64 March 28, 2018

CERTIFICATE OF SERVICE by All Defendants Defendants Objections and Responses to Plaintiffs First Set of Requests for Production and Defendants Objections and Answers to Plaintiffs First Set of Interrogatories filed by Charles Douglas Shull on behalf of Defendants Gary Dusenberg, Paul Fitzwater, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus.(Attorney Charles Douglas Shull added to party Paul Fitzwater(pty:dft))(Shull, Charles) (Entered: 03/28/2018)

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65 April 23, 2018

NOTICE to take deposition of Missouri Department of Corrections filed by Amy Elizabeth Breihan on behalf of Plaintiffs Mildred Curren, Timothy Gallagher, Stephanie Gasca, Kenneth Hemphill, Jesse Neely, Solomon Warren, Amber Wyse.(Breihan, Amy) (Entered: 04/23/2018)

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66 April 27, 2018

Joint MOTION for protective order filed by Doug Shull on behalf of All Defendants. Suggestions in opposition/response due by 5/11/2018 unless otherwise directed by the court. (Attachments: # 1 Exhibit A)(Shull, Doug) (Entered: 04/27/2018)

1 Exhibit A

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67 April 27, 2018

PROTECTIVE ORDER Signed on 4/27/18 by District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 04/27/2018)

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68 April 30, 2018

Minute Entry. Proceedings held before District Judge Stephen R. Bough: TELEPHONE CONFERENCE held on 4/30/2018 to discuss case status. Counsel appearing for Plaintiff(s): Amy Breihan. Counsel appearing for Defendant(s): Doug Shull and Laura Elsbury. Time in court: 10:00 am to 10:05 am. To order a transcript of this hearing please contact Jean Crawford, 816-512-5642. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) (Entered: 04/30/2018)

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69 May 3, 2018

CERTIFICATE OF SERVICE by All Plaintiffs of First Set of Requests for Entry onto Land and Inspection of the MDOC Parole Revocation Hearing Sites filed by Amy Elizabeth Breihan on behalf of Plaintiffs Mildred Curren, Timothy Gallagher, Stephanie Gasca, Kenneth Hemphill, Jesse Neely, Solomon Warren, Amber Wyse.(Breihan, Amy) (Entered: 05/03/2018)

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70 May 14, 2018

Amended NOTICE to take deposition of TBD filed by Amy Elizabeth Breihan on behalf of Plaintiffs Mildred Curren, Timothy Gallagher, Stephanie Gasca, Kenneth Hemphill, Jesse Neely, Solomon Warren, Amber Wyse.(Breihan, Amy) (Entered: 05/14/2018)

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71 May 16, 2018

PRO SE MOTION for order - Request for Copies filed by Joe Wells. Suggestions in opposition/response due by 5/30/2018 unless otherwise directed by the court. (Attachments: # 1 Envelope)(Ellis, Lindsey) (Entered: 05/17/2018)

1 Envelope

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72 May 17, 2018

ORDERED: Before the Court is Joe Wells' pro se motion for copies. (Doc. #71). Mr. Wells requests records in this case pursuant to the Missouri Sunshine Law. (Doc. #71, p. 1). Mr. Wells' motion is DENIED. Signed on 5/17/18 by District Judge Stephen R. Bough. Copy of this Order has been mailed to: Joe Wells 159941; SOUTH CENTRAL CORRECTIONAL CENTER 5-A-111; 255 West Highway 32; Licking, MO 65542. (Ellis, Lindsey) (Entered: 05/17/2018)

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73 June 5, 2018

NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephone Conference set for 6/7/2018 09:00 AM in Chambers before District Judge Stephen R. Bough. A memorandum of the discovery dispute, not to exceed two pages in length, should be emailed by each party no later than twenty-four hours prior to the teleconference to Tracy Diefenbach at Tracy_Diefenbach@mow.uscourts.gov. Conference call information emailed to counsel. (Diefenbach, Tracy) (Entered: 06/05/2018)

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74 June 7, 2018

Minute Entry. Proceedings held before District Judge Stephen R. Bough: DISCOVERY DISPUTE TELEPHONE CONFERENCE held on 6/7/2018. Order to be entered. Counsel appearing for Plaintiff(s): Amy Briehan. Counsel appearing for Defendant(s): Doug Shull. Time in court: 9:00 am to 9:15 am. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) (Entered: 06/07/2018)

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75 June 7, 2018

ORDER: On June 7, 2018, the Court held a telephone conference to resolve a discovery dispute regarding Plaintiffs' First Set of Requests for Entry onto Land and Inspection of the Missouri Department of Corrections Parole Revocation Hearing Sites. For the reasons stated on the record, the Court overrules Defendants objections, provided that each parolee to be observed consents to the presence of Plaintiffs' counsel, one law student and/or one paralegal, one court reporter, and one videographer at that parolees parole revocation (or VOP) hearing. See Feb. 16, 2018, Minute Entry, Brown v. Precythe, No. 17-cv-4082-NKL (Doc. # 94); see also Feb. 21, 2018, Order, Id. (Doc. # 95). The Court further orders supplemental briefing by all parties, to be submitted on or before June 21, 2018, on the issue of whether any video recording of VOP hearings can include deliberations. The Court further orders a telephone conference at 11:00 a.m. on June 27, 2018, to resolve the deliberations issue and other discovery issues discussed in the June 7 telephone conference. To the extent that the parties will address discovery issues other than the deliberations issue at the June 27 telephone conference, a memorandum of the discovery dispute, not to exceed two pages in length, should be emailed by each party to Tracy Diefenbach at Tracy_Diefenbach@mow.uscourts.gov. no later than twenty-four hours prior to the telephone conference. Signed on 6/7/18 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Ellis, Lindsey) (Entered: 06/07/2018)

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76 June 21, 2018

CERTIFICATE OF SERVICE by All Defendants filed by Laura E. Elsbury on behalf of Defendants Gary Dusenberg, Paul Fitzwater, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus.(Elsbury, Laura) (Entered: 06/21/2018)

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77 June 21, 2018

MOTION to compel DEFENDANTS COMPLIANCE WITH FIRST SET OF REQUESTS TO OBSERVE AND RECORD REVOCATION PROCEEDINGS filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. Suggestions in opposition/response due by 7/5/2018 unless otherwise directed by the court. (Breihan, Amy) (Entered: 06/21/2018)

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78 June 21, 2018

SUGGESTIONS in support re 77 MOTION to compel DEFENDANTS COMPLIANCE WITH FIRST SET OF REQUESTS TO OBSERVE AND RECORD REVOCATION PROCEEDINGS filed by Amy Elizabeth Breihan on behalf of Plaintiffs Mildred Curren, Timothy Gallagher, Stephanie Gasca, Kenneth Hemphill, Jesse Neely, Solomon Warren, Amber Wyse. (Attachments: # 1 Exhibit 1 (Request to Inspect), # 2 Exhibit 2 (Wyse Revocation Order), # 3 Exhibit 3 (Gallagher Revocation Order))(Related document(s) 77 ) (Breihan, Amy) (Entered: 06/21/2018)

1 Exhibit 1 (Request to Inspect)

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2 Exhibit 2 (Wyse Revocation Order)

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3 Exhibit 3 (Gallagher Revocation Order)

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79 June 22, 2018

SUGGESTIONS in opposition re 77 MOTION to compel DEFENDANTS COMPLIANCE WITH FIRST SET OF REQUESTS TO OBSERVE AND RECORD REVOCATION PROCEEDINGS filed by Doug Shull on behalf of Defendants Gary Dusenberg, Paul Fitzwater, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus. Reply suggestions due by 7/6/2018 unless otherwise directed by the court. (Related document(s) 77 ) (Shull, Doug) (Entered: 06/22/2018)

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80 June 27, 2018

Minute Entry. Proceedings held before District Judge Stephen R. Bough: DISCOVERY DISPUTE TELEPHONE CONFERENCE held on 6/27/2018. Order to be entered. Counsel appearing for Plaintiff(s): Amy Briehan. Counsel appearing for Defendant(s): Doug Shull. Time in court: 11:15 am to 11:30 am. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) (Entered: 06/27/2018)

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Case Details

State / Territory:

Missouri

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 14, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All adult parolees in the state of Missouri who currently face, or who in the future will face, parole revocation proceedings.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MacArthur Justice Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

State of Missouri

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Other Dockets:

Western District of Missouri 2:17-cv-04149

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Unknown

Source of Relief:

Litigation

Issues

General/Misc.:

Access to lawyers or judicial system

Parole grant/revocation

Recommended Citation