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Case: Brown v. Precythe

2:17-cv-04082 | U.S. District Court for the Western District of Missouri

Filed Date: May 18, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This class-action litigation was filed on May 18, 2017, in the U.S. District Court for the Western District of Missouri. An amended complaint was filed on June 8, 2017. In the lawsuit, four named plaintiffs challenged the Missouri Department of Corrections’ (MDOC) parole procedures for juveniles sentenced to life without parole before the U.S. Supreme Court’s ruling in Miller v. Alabama, 567 U.S. 460 (2012), which held that mandatory life sentences for juvenile offenders without the possibility…

This class-action litigation was filed on May 18, 2017, in the U.S. District Court for the Western District of Missouri. An amended complaint was filed on June 8, 2017.

In the lawsuit, four named plaintiffs challenged the Missouri Department of Corrections’ (MDOC) parole procedures for juveniles sentenced to life without parole before the U.S. Supreme Court’s ruling in Miller v. Alabama, 567 U.S. 460 (2012), which held that mandatory life sentences for juvenile offenders without the possibility of parole violated the Eighth Amendment of the U.S. Constitution. The plaintiffs alleged the Missouri Parole Boards practices did not give them a “meaningful and realistic” opportunity to be released on parole, violating the Supreme Court’s ruling in Montgomery v. Louisiana, 577 U.S. 190 (2016), which applied the ruling of Miller retroactively to juveniles sentenced to life without the possibility of parole before Miller. The plaintiffs also alleged the parole procedures violated the Missouri Constitution and Missouri state law.

The plaintiffs, represented by a group of lawyers from Husch Blackwell LLP and the MacArthur Justice Center, sued the Director of MDOC and the seven members of the Missouri Parole Board. They sought declaratory and injunctive relief requiring the defendants to reform their proceedings and actually give prisoners sentenced as juveniles to life without parole meaningful opportunities to secure their release by proving their maturity and rehabilitation. The case was assigned to Senior Judge Nanette Kay Laughrey.

On October 31, 2017, Judge Laughrey denied the defendants' motion to dismiss, but granted the plaintiffs' motion to file an amended complaint. 2017 WL 4980872. The plaintiffs subsequently filed their second amended complaint on November 1, 2017.

On March 30, 2018, the plaintiffs filed for class certification. The motion was granted on June 25, 2018. 2018 WL 3118185. The class covered Missouri prisoners sentenced to life without parole as juveniles before Supreme Court rulings prohibiting mandatory life without parole for juveniles, and who have been denied parole by the Missouri Department of Corrections.

On October 12, 2018, the court ruled MDOC's parole policies, procedures, and customs violated the plaintiffs' Eighth Amendment rights. 2018 WL 4956519. However, citing the Supreme Court's decision that states should "in the first instance, explore the means and mechanisms for compliance," the court denied the plaintiffs' request for injunctive relief. Instead, the court gave the defendants 60 days to present a plan for new parole policies and procedures that comply with the requirement of providing "a meaningful and realistic opportunity for release based on demonstrated maturity and rehabilitation."

The defendants filed their plan to update Missouri's parole procedures and standards with the District Court on December 11, 2018. Through mediation, the parties agreed on certain changes, but significant disputes still remained. On August 9, 2019, the District Court ruled the defendants' updated proposal still violated the U.S. and Missouri Constitutions. 2019 WL 3752973. Accordingly, the court granted declaratory and injunctive relief to the plaintiffs, ordering the defendants to implement a plan with 23 parts relating to parole hearing notice, record-keeping, procedures, determinations, and protections for impacted class members.

The defendants appealed the decision to the U.S. Court of Appeals for the Eighth Circuit on August 30, 2019. On September 17, 2021, a three-judge panel of the Eighth Circuit affirmed the District Court's ruling that Missouri's parole procedures violated the Eighth Amendment rights of the plaintiffs. 14 F.4th 808. The panel also considered cross-appeals from both parties.

First, the panel upheld the District Court's order prohibiting Missouri from using a risk assessment tool developed for adults in the parole review process for class members, ruling that the Ohio Risk Assessment System (ORAS) intrinsically disfavors juvenile prisoners because of their youth, which violates the principles laid out in Miller and Montgomery.

Second, the panel vacated the District Court's ruling that the plaintiffs were not entitled to state-funded counsel and remanded the question back to the District Court. The panel ruled the District Court's reasoning in rejecting state-funded counsel for the plaintiffs did not provide enough information in the record for the appeals court to determine whether state-funded counsel was necessary to ensure class members would not serve disproportionate sentences.

On November 18, 2021, the Eighth Circuit granted a rehearing of the case en banc, vacating the three-judge panel's decision. The rehearing was scheduled to take place on January 11, 2022. No decision has been announced, and the litigation is ongoing.

Summary Authors

Jonah Hudson-Erdman (9/20/2021)

Ben Marvin-Vanderryn (2/4/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6079679/parties/brown-v-precythe/


Judge(s)

Arnold, Morris Sheppard (Arkansas)

Colloton, Steven M. (Iowa)

Kelly, Jane Louise (Iowa)

Laughrey, Nanette Kay (Missouri)

Attorneys(s) for Plaintiff

Ault, Jordan T (Missouri)

Breihan, Amy Elizabeth (Missouri)

Crane, Megan G (Missouri)

Gartner, Matthew (Missouri)

Hopinks-Baul, Carlota (Texas)

Jones, Denyse L (Missouri)

Judge(s)

Arnold, Morris Sheppard (Arkansas)

Colloton, Steven M. (Iowa)

Kelly, Jane Louise (Iowa)

Laughrey, Nanette Kay (Missouri)

Attorneys(s) for Plaintiff

Ault, Jordan T (Missouri)

Breihan, Amy Elizabeth (Missouri)

Crane, Megan G (Missouri)

Gartner, Matthew (Missouri)

Hopinks-Baul, Carlota (Texas)

Jones, Denyse L (Missouri)

Knepper, Matthew D (Missouri)

Quinn, Mae C. (Missouri)

Zimmerman, Sarah L (Missouri)

Attorneys(s) for Defendant

Blanton, Mark D (Florida)

Spillane, Michael Joseph (Missouri)

Other Attorney(s)

Hughes, Michael E. (Missouri)

Documents in the Clearinghouse

Document

2:17-cv-04082

Docket [PACER]

Sept. 17, 2021

Sept. 17, 2021

Docket
1

2:17-cv-04082

Complaint for Declaratory and Injunctive Relief

May 18, 2017

May 18, 2017

Complaint
64

2:17-cv-04082

Order

Oct. 31, 2017

Oct. 31, 2017

Order/Opinion
65

2:17-cv-04082

Second Amended Complaint for Declaratory and Injunctive Relief

Nov. 1, 2017

Nov. 1, 2017

Complaint
140

2:17-cv-04082

Order

June 25, 2018

June 25, 2018

Order/Opinion
158

2:17-cv-04082

Order on Motion for Summary Judgment

Oct. 12, 2018

Oct. 12, 2018

Order/Opinion
183

2:17-cv-04082

Declaratory and Injunctive Relief Order

Aug. 8, 2019

Aug. 8, 2019

Order/Opinion

0:19-cv-02910

Opinion

U. S. Court of Appeals for the Eighth Circuit

Sept. 17, 2021

Sept. 17, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6079679/brown-v-precythe/

Last updated Sept. 6, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. Filing fee $400, receipt number 0866-5296559. Service due by 8/16/2017 unless otherwise directed by the court. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 (Senate Bill 590), # 3 Exhibit 2 (Letter from A. Jarrett), # 4 Exhibit 3 (Apr. 27, 2017 letter from A. Precythe), # 5 Exhibit 4 (Feb. 9, 2017 request by R. McElroy), # 6 Exhibit 5 (Feb. 10, 2017 response to R. McElroy), # 7 Exhibit 6 (Apr. 18, 2017 letter from J. Bliesath), # 8 Exhibit 7 (various parole denial notices), # 9 Exhibit 8 (Massachusetts' parole opinion In Re Phomphakdy), # 10 Exhibit 9 (S. Roberts' request))(Breihan, Amy) (Entered: 05/18/2017)

1 Civil Cover Sheet

View on PACER

2 Exhibit 1 (Senate Bill 590)

View on PACER

3 Exhibit 2 (Letter from A. Jarrett)

View on PACER

4 Exhibit 3 (Apr. 27, 2017 letter from A. Precythe)

View on PACER

5 Exhibit 4 (Feb. 9, 2017 request by R. McElroy)

View on PACER

6 Exhibit 5 (Feb. 10, 2017 response to R. McElroy)

View on PACER

7 Exhibit 6 (Apr. 18, 2017 letter from J. Bliesath)

View on PACER

8 Exhibit 7 (various parole denial notices)

View on PACER

9 Exhibit 8 (Massachusetts' parole opinion In Re Phomphakdy)

View on PACER

10 Exhibit 9 (S. Roberts' request)

View on PACER

May 18, 2017

May 18, 2017

Clearinghouse
2

NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to United States Magistrate Judge William A. Knox. (Attachments: # 1 MAP General Order)(Geiser, Angel) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

PACER
3

NOTICE of appearance by Amy Elizabeth Breihan on behalf of All Plaintiffs (Attorney Amy Elizabeth Breihan added to party Norman Brown(pty:pla), Attorney Amy Elizabeth Breihan added to party Ralph McElroy(pty:pla), Attorney Amy Elizabeth Breihan added to party Sidney Roberts(pty:pla))(Breihan, Amy) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

PACER
4

NOTICE of appearance by Mae C Quinn on behalf of All Plaintiffs (Attorney Mae C Quinn added to party Ralph McElroy(pty:pla), Attorney Mae C Quinn added to party Sidney Roberts(pty:pla), Attorney Mae C Quinn added to party Theron Roland(pty:pla))(Quinn, Mae) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

PACER
5

ORDER ON PRETRIAL PROCEDURES. Service must be obtained on all defendants within forty (40) days of the date of this Order unless otherwise authorized by the Court. Signed on 5/19/17 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER

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

May 19, 2017

May 19, 2017

PACER

Summons Issued

May 19, 2017

May 19, 2017

PACER
6

NOTICE of appearance by Michael Joseph Spillane on behalf of All Defendants (Attorney Michael Joseph Spillane added to party Gary Dusenberg(pty:dft), Attorney Michael Joseph Spillane added to party Kenneth Jones(pty:dft), Attorney Michael Joseph Spillane added to party Ellis McSwain, Jr(pty:dft), Attorney Michael Joseph Spillane added to party Anne L. Precythe(pty:dft), Attorney Michael Joseph Spillane added to party Martin Rucker(pty:dft), Attorney Michael Joseph Spillane added to party Don Ruzicka(pty:dft), Attorney Michael Joseph Spillane added to party Jim Wells(pty:dft), Attorney Michael Joseph Spillane added to party Jennifer Zamkus(pty:dft))(Spillane, Michael) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
7

NOTICE of appearance by Andrew J Crane on behalf of All Defendants (Attorney Andrew J Crane added to party Gary Dusenberg(pty:dft), Attorney Andrew J Crane added to party Kenneth Jones(pty:dft), Attorney Andrew J Crane added to party Ellis McSwain, Jr(pty:dft), Attorney Andrew J Crane added to party Anne L. Precythe(pty:dft), Attorney Andrew J Crane added to party Martin Rucker(pty:dft), Attorney Andrew J Crane added to party Don Ruzicka(pty:dft), Attorney Andrew J Crane added to party Jim Wells(pty:dft), Attorney Andrew J Crane added to party Jennifer Zamkus(pty:dft))(Crane, Andrew) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
8

NOTICE of appearance by Matthew Gartner on behalf of Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland (Attorney Matthew Gartner added to party Norman Brown(pty:pla), Attorney Matthew Gartner added to party Ralph McElroy(pty:pla), Attorney Matthew Gartner added to party Sidney Roberts(pty:pla))(Gartner, Matthew) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
9

NOTICE of appearance by Sarah L Zimmerman on behalf of Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland (Attorney Sarah L Zimmerman added to party Norman Brown(pty:pla), Attorney Sarah L Zimmerman added to party Ralph McElroy(pty:pla), Attorney Sarah L Zimmerman added to party Sidney Roberts(pty:pla))(Zimmerman, Sarah) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
10

Motion to allow Denyse L. Jones to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5309628) filed by Matthew Gartner on behalf of All Plaintiffs. (Gartner, Matthew) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
11

ORDER denying 10 motion to appear pro hac vice entered by Clerk of Court. The court has denied your pro hac vice motion because an outdated form was used. To better meet the requirements of recently amended Local Rule 83.5(h), the pro hac vice form was revised. This new form is now required and is available on our court website at Pro Hac Vice Form. If you still wish to proceed pro hac vice in this case, please refile your motion using the correct form. To avoid being charged a duplicate fee, please insert the receipt number issued for this motion in the receipt box on your new filing. This is a TEXT ONLY ENTRY. No document is attached.(Russel, Jeri) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
12

Motion to allow Denyse L. Jones to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5309628) filed by Matthew Gartner on behalf of All Plaintiffs. (Gartner, Matthew) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
13

ORDER granting 12 motion to appear pro hac vice entered by Clerk of Court. Attorney Denyse L Jones for Norman Brown,Denyse L Jones for Ralph McElroy,Denyse L Jones for Sidney Roberts,Denyse L Jones for Theron Roland 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.(Russel, Jeri) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
14

RETURN OF SERVICE of complaint executed by All Plaintiffs. Gary Dusenberg served on 5/25/2017, answer due 6/15/2017. (Breihan, Amy) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
15

RETURN OF SERVICE of complaint executed by All Plaintiffs. Kenneth Jones served on 5/25/2017, answer due 6/15/2017. (Breihan, Amy) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
16

RETURN OF SERVICE of complaint executed by All Plaintiffs. Ellis McSwain, Jr served on 5/25/2017, answer due 6/15/2017. (Breihan, Amy) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
17

RETURN OF SERVICE of complaint executed by All Plaintiffs. Anne L. Precythe served on 5/25/2017, answer due 6/15/2017. (Breihan, Amy) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
18

RETURN OF SERVICE of complaint executed by All Plaintiffs. Martin Rucker served on 5/25/2017, answer due 6/15/2017. (Breihan, Amy) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
19

RETURN OF SERVICE of complaint executed by All Plaintiffs. Don Ruzicka served on 5/25/2017, answer due 6/15/2017. (Breihan, Amy) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
20

RETURN OF SERVICE of complaint executed by All Plaintiffs. Jim Wells served on 5/25/2017, answer due 6/15/2017. (Breihan, Amy) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
21

RETURN OF SERVICE of complaint executed by All Plaintiffs. Jennifer Zamkus served on 5/25/2017, answer due 6/15/2017. (Breihan, Amy) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
22

AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. (Attachments: # 1 Exhibit 1 (Senate Bill 590), # 2 Exhibit 2 (Letter from A. Jarrett), # 3 Exhibit 3 (Apr. 27, 2017 letter from A. Precythe), # 4 Exhibit 4 (Feb. 9, 2017 request by R. McElroy), # 5 Exhibit 5 (Feb. 10, 2017 response to R. McElroy), # 6 Exhibit 6 (Apr. 18, 2017 letter from J. Bliesath), # 7 Exhibit 7 (various parole denial notices), # 8 Exhibit 8 (Massachusetts' parole opinion In Re Phomphakdy), # 9 Exhibit 9 (Inspector General Investigation Report), # 10 Exhibit 10 (N. Brown parole denial notice), # 11 Exhibit 11 (S. Roberts' request))(Breihan, Amy) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
23

First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Andrew J Crane on behalf of All Defendants. Suggestions in opposition/response due by 7/6/2017 unless otherwise directed by the court. (Attachments: # 1 Supplement Suggestions in Support of Defendants' Motion to Dismiss, # 2 Supplement Missouri Board of Probation and Parole Procedures, # 3 Supplement Missouri Department of Corrections Offender Profile Statistics)(Crane, Andrew) Modified on 6/23/2017 to delete attachments 1, 2, 3, per rule suggestions are to be filed as a separate document (Geiser, Angel). Modified on 6/28/2017 to extend deadlines per order 28 to 07/06/2017 (Geiser, Angel). (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
24

ORDER. Proposed scheduling order due by 7/13/2017. Rule 26 conference due by 7/6/2017. Signed on 6/22/17 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
25

SUGGESTIONS in support re 23 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Andrew J Crane 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) 23 ) (Crane, Andrew) Modified on 6/23/2017 to delete document as completed document was not filed. Attorney to re-file document(Geiser, Angel). (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
26

SUGGESTIONS in support re 23 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Andrew J Crane on behalf of Defendants Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus. (Attachments: # 1 Supplement Missouri Board of Probation and Parole Procedures, # 2 Supplement Department of Corrections Offender Profile Statistics)(Related document(s) 23 ) (Crane, Andrew) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 06/22/2017 as Document No. 23, First Motion to Dismiss. The document has been deleted as the suggestions in support were attached to the motion. Counsel will refile the document using the correct event. This is a text entry only - no document is attached. (Geiser, Angel)

June 23, 2017

June 23, 2017

PACER

Notice of docket modification

June 23, 2017

June 23, 2017

PACER
27

Consent MOTION for extension of time to file response/reply as to 23 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 26 Suggestions in Support of Motion, filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. Suggestions in opposition/response due by 7/10/2017 unless otherwise directed by the court. (Related document(s) 23, 26 ) (Breihan, Amy) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
28

ORDER entered by Judge Nanette Laughrey. Plaintiffs move for an extension of time, doc. 27, in which to respond to Defendants' motion to dismiss. Defendants consent. Plaintiffs' motion for extension of time is granted and Plaintiffs shall file their response to the motion to dismiss no later than 7/20/2017. This is a TEXT ONLY ENTRY. No document is attached.(Barragan-Scott, Alana) (Entered: 06/28/2017)

June 28, 2017

June 28, 2017

PACER
29

MOTION for order Motion For Order Explicitly Excluding the Case from the Mediation Program Per Terms of the General Order on Mediation and Assessment filed by Michael Joseph Spillane on behalf of All Defendants. Suggestions in opposition/response due by 7/19/2017 unless otherwise directed by the court. (Spillane, Michael) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

PACER
30

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Andrew J Crane on behalf of Defendants Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus.(Crane, Andrew) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

PACER
31

CERTIFICATE OF SERVICE by All Defendants (Defendants' first proposed protective order) filed by Andrew J Crane on behalf of Defendants Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus.(Crane, Andrew) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

PACER
32

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

PACER
33

Joint PROPOSED SCHEDULING ORDER by Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland. (Attachments: # 1 Exhibit 1 (FEDERAL RULE OF EVIDENCE 502(d) ORDER-The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format))(Breihan, Amy) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

PACER

Notice of docket modification

July 7, 2017

July 7, 2017

PACER

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 07/06/2017 as Document No. 33-1, Federal Rule of Evidence Order. The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. This is a text entry only - no document is attached. (Geiser, Angel)

July 7, 2017

July 7, 2017

PACER
34

CERTIFICATE OF SERVICE by All Plaintiffs of First Sets of Interrogatories and Requests for Production filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER
35

SCHEDULING ORDER:Motion for Class Certification due by 2/13/2018. Discovery due by 3/23/2018. Dispositive Motions due by 4/13/2018. Pretrial Conference set for 9/10/2018 at 08:30 AM Courtroom 4A, Jefferson City. Bench Trial set for 9/10/2018 at 09:00 AM in Courtroom 4A, Jefferson City. Signed on 7/12/17 by District Judge Nanette K. Laughrey. (Attachments: # 1 Memo on PTC) (Matthes Mitra, Renea) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
36

RULES OF TRIAL. Signed on 7/12/17 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
37

ORDER entered by Judge Nanette Laughrey. The parties' joint request, Doc. 33, for entry of an agreed order under Fed. R. Evid. 502(d) is granted. Signed on 7/12/2017 by District Judge Nanette K. Laughrey. (Barragan-Scott, Alana) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
38

Consent MOTION to continue trial filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. Suggestions in opposition/response due by 7/28/2017 unless otherwise directed by the court. (Breihan, Amy) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
39

NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Settlement Conference set for 10/3/2017 10:00 AM in Courtroom 3B, Jefferson City (WAK) before Magistrate Judge William A. Knox. Persons with actual settlement authority are asked to attend the conference. Insurance representatives may be readily available by telephone. (Geiser, Angel) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER
40

AMENDED SCHEDULING ORDER: Plaintiffs' Unopposed Motion to Continue Trial, Doc. 38 is granted. Motion for Class Certification due by 2/13/2018. Discovery due by 3/23/2018. Dispositive Motions due by 4/13/2018. Pretrial Conference set for 11/5/2018 at 08:30 AM Courtroom 4A, Jefferson City. Bench Trial set for 11/5/2018 at 09:00 AM in Courtroom 4A, Jefferson City. Signed on 7/19/17 by District Judge Nanette K. Laughrey. (Attachments: # 1 Memo on PTC) (Matthes Mitra, Renea) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
41

Consent MOTION for leave to file excess pages in Opposition to Defendants' Motion to Dismiss filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. Suggestions in opposition/response due by 8/3/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1 (Plaintiffs' Suggestions in Opposition to Defendants' Motion to Dismiss))(Breihan, Amy) (Entered: 07/20/2017)

July 20, 2017

July 20, 2017

PACER
42

ORDER entered by Judge Nanette Laughrey. Plaintiffs' consent motion for leave to file excess pages in connection with their suggestions in opposition to the Defendants' motion to dismiss, Doc. 41, is granted. Plaintiffs shall file their suggestions in opposition by 7/21/217. This is a TEXT ONLY ENTRY. No document is attached.(Barragan-Scott, Alana) (Entered: 07/20/2017)

July 20, 2017

July 20, 2017

PACER
43

SUGGESTIONS in opposition re 23 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland. Reply suggestions due by 8/4/2017 unless otherwise directed by the court. (Related document(s) 23 ) (Breihan, Amy) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
44

ORDER entered by Judge Nanette Laughrey. The Court, in its discretion, denies Defendants' motion for an order to exclude this case from the Mediation and Assessment Program, Doc. 29 . See General Order of the W.D. Mo. Mediation and Assessment Program, Sec. IV.D. This is a TEXT ONLY ENTRY. No document is attached.(Barragan-Scott, Alana) (Entered: 07/24/2017)

July 24, 2017

July 24, 2017

PACER
45

MOTION to withdraw as attorney Withdrawal of Counsel Matthew Gartner filed by Sarah L Zimmerman on behalf of All Plaintiffs. Suggestions in opposition/response due by 8/11/2017 unless otherwise directed by the court. (Zimmerman, Sarah) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
46

REPLY SUGGESTIONS to motion re 23 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Andrew J Crane 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) 23 ) (Crane, Andrew) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
47

ORDER entered by Judge Nanette Laughrey, granting Doc. 45, motion to withdraw as attorney. Attorney Matthew Gartner is terminated. This is a TEXT ONLY ENTRY. No document is attached.(Barragan-Scott, Alana) (Entered: 07/30/2017)

July 30, 2017

July 30, 2017

PACER
48

MOTION to amend/correct 22 Amended Complaint,,, filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. Suggestions in opposition/response due by 8/25/2017 unless otherwise directed by the court. (Related document(s) 22 ) (Breihan, Amy) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
49

SUGGESTIONS in support re 48 MOTION to amend/correct 22 Amended Complaint,,, filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland. (Attachments: # 1 Exhibit 1 (Proposed Second Amended Complaint))(Related document(s) 48 ) (Breihan, Amy) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
50

SUGGESTIONS in opposition re 48 MOTION to amend/correct 22 Amended Complaint,,, Suggestions in Opposition to Motion for Leave to File Second Amended Complaint filed by Michael Joseph Spillane on behalf of Defendant Anne L. Precythe. Reply suggestions due by 9/7/2017 unless otherwise directed by the court. (Related document(s) 48 ) (Spillane, Michael) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
51

NOTICE of filing Notice of Additional Authority by Anne L. Precythe re 26 Suggestions in Support of Motion, (Attachments: # 1 Exhibit Authority Ramirez v.Griffith 16-1058)(Spillane, Michael) (Entered: 08/31/2017)

Aug. 31, 2017

Aug. 31, 2017

PACER
52

Motion to allow Carlota Hopinks-Baul to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5428150) filed by Sarah L Zimmerman on behalf of All Plaintiffs. (Zimmerman, Sarah) (Main Document 52 replaced on 9/6/2017 with corrected phone number on form) (Geiser, Angel). (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER
53

Consent MOTION for protective order filed by Andrew J Crane on behalf of All Defendants. Suggestions in opposition/response due by 9/21/2017 unless otherwise directed by the court. (Crane, Andrew) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
54

ORDER entered by Judge Nanette Laughrey. Defendant's motion for entry of a protective order, to which Plaintiffs consent, Doc. 53, is granted. (Barragan-Scott, Alana) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
55

REPLY SUGGESTIONS to motion re 48 MOTION to amend/correct 22 Amended Complaint,,, filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland. (Related document(s) 48 ) (Breihan, Amy) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
56

CERTIFICATE OF SERVICE by All Defendants filed by Andrew J Crane on behalf of Defendants Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus.(Crane, Andrew) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
57

ORDER granting 52 motion to appear pro hac vice entered by Clerk of Court. Attorney Carlota Hopinks-Baul for Norman Brown, Ralph McElroy, Sidney Roberts, and Theron Roland 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: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
58

NOTICE of filing Response to Defendants' Citation to Additional Authority by Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland re 51 Notice of filing (Breihan, Amy) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER
59

NOTICE of appearance by Matthew D Knepper on behalf of All Plaintiffs (Attorney Matthew D Knepper added to party Norman Brown(pty:pla), Attorney Matthew D Knepper added to party Ralph McElroy(pty:pla), Attorney Matthew D Knepper added to party Sidney Roberts(pty:pla), Attorney Matthew D Knepper added to party Theron Roland(pty:pla))(Knepper, Matthew) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
60

Minute Entry. Proceedings held before Magistrate Judge William A. Knox: Plaintiff's Ralph McElroy, Norman Brown, Theron Roland, and Sidney Roberts appear by phone. Counsel of record participated in person. Parties were unable to reach a settlement. SETTLEMENT CONFERENCE held on 10/3/2017 Time in court: 10:00 am to 11:16 am. (Geiser, Angel) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
61

NOTICE of filing Citation to Additional Recent Decsion by Anne L. Precythe (Attachments: # 1 Exhibit Hardy v. Norman Decsion 16-4248)(Spillane, Michael) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
62

ORDER. A Telephone Conference is set for 10/30/2017 at 11:00 AM regarding a discovery dispute. The parties shall email a one page summary of the dispute to Alana_Barragan-Scott@mow.uscourts.gov by 11:00 AM on 10/27/2017. The parties shall call conference number 877-336-1274, access code 2707681 to participate in the conference call. Signed on 10/25/17 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
63

MINUTE ENTRY. Teleconference held before the Hon. Nanette K. Laughrey on 10/30/2017 regarding a discovery dispute. The plaintiffs seek recordings of their parole hearings, their parole files, including notes and memoranda created by the parole board staff, an unredacted copy of the Inspector General's investigation report detailing parole staff misconduct, and information regarding who participated in Plaintiffs' parole-related hearings and parole-related decisions. Defendants object to producing such documents, arguing that they are not relevant to whether the plaintiffs are entitled to the relief requested. The Court took the matter under advisement and will rule on the issue, if necessary, when ruling on Defendants' motion to dismiss. Plaintiffs' counsel noted that a deposition scheduled for this Thursday may raise questions relating to who participated in the plaintiffs' parole hearings. Defendants counsel indicated that they would object to providing any such information. The Court ruled, in the limited context of the deposition, that questions such as who participated in the hearings, what their capacity was, and what was discussed are relevant to this lawsuit. The Court will not interfere with the deposition at this time. Appearances: Plaintiffs by Mae Quinn, Matthew Knepper and Sarah Zimmerman. Defendants by Michael Spillane and Andrew Crane. Courtroom Deputy: Renea Matthes Mitra Court Reporter: None. (Text entry only.) (Matthes Mitra, Renea) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
64

ORDER by Judge Nanette K. Laughrey. Defendants' motion to dismiss, Doc. 23, is denied, and Plaintiffs' motion for leave to amend, Doc. 48, is granted. Plaintiffs must file the amended complaint within 5 days of the entry of this order. The Court orders Defendants to produce to Plaintiffs, within 10 days of entry of this order, all of the following documents and information: (1) recordings of Plaintiffs' parole hearings; (2) Plaintiffs' parole files, including notes and memoranda created by the Board or parole staff; and (3) information regarding who participated in Plaintiffs' parole hearings and parole-related decisions, and in what capacity. Further, the Court orders Defendants to provide to the Court for in camera inspection, within 10 days of entry of this order, an unredacted copy of the Inspector General's Investigation Report. If the Court determines that Plaintiffs are entitled to review any portion of that report that has been redacted, the Court will notify the parties and permit Defendants an opportunity to designate the document as appropriate in accordance with the protective order.(Sreeprakash, Netra) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

Clearinghouse
65

AMENDED COMPLAINT For Declaratory and Injunctive Relief against All Defendants filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. (Attachments: # 1 Exhibit 1 (Senate Bill 590), # 2 Exhibit 2 (Letter from A. Jarrett), # 3 Exhibit 3 (Apr. 27, 2017 letter from A. Precythe), # 4 Exhibit 4 (Feb. 9, 2017 request by R. McElroy), # 5 Exhibit 5 (Feb. 10, 2017 response to R. McElroy), # 6 Exhibit 6 (Apr. 18, 2017 letter from J. Bliesath, # 7 Exhibit 7 (various parole denial notices), # 8 Exhibit 8 (Massachusetts parole opinion In Re Phomphakdy), # 9 Exhibit 9 (Inspector General Investigation Report), # 10 Exhibit 10 (N. Brown parole denial notice), # 11 Exhibit 11 (S. Roberts' request))(Breihan, Amy) (Entered: 11/01/2017)

1 Exhibit 1 (Senate Bill 590)

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2 Exhibit 2 (Letter from A. Jarrett)

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3 Exhibit 3 (Apr. 27, 2017 letter from A. Precythe)

View on PACER

4 Exhibit 4 (Feb. 9, 2017 request by R. McElroy)

View on PACER

5 Exhibit 5 (Feb. 10, 2017 response to R. McElroy)

View on PACER

6 Exhibit 6 (Apr. 18, 2017 letter from J. Bliesath

View on PACER

7 Exhibit 7 (various parole denial notices)

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8 Exhibit 8 (Massachusetts parole opinion In Re Phomphakdy)

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9 Exhibit 9 (Inspector General Investigation Report)

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10 Exhibit 10 (N. Brown parole denial notice)

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11 Exhibit 11 (S. Roberts' request)

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Nov. 1, 2017

Nov. 1, 2017

Clearinghouse
66

ORDER by Judge Nanette K. Laughrey. Having reviewed in camera the Inspector General's Investigation Report and attachments provided by Defendants, the Court orders Defendants to produce to Plaintiffs' counsel, within 10 days of this order, and with any appropriate confidentiality designation in accordance with the protective order, a copy of said report and attachments, without redactions, except that Defendants may redact the name and other identifying information of any inmate who does not belong to the putative class of plaintiffs in this action. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
67

CERTIFICATE OF SERVICE by All Plaintiffs of Second Sets of Interrogatories and Requests for Production filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 11/10/2017)

Nov. 10, 2017

Nov. 10, 2017

PACER
68

MOTION for extension of time to file response/reply to answer second amended complaint filed by Michael Joseph Spillane on behalf of All Defendants. Suggestions in opposition/response due by 11/27/2017 unless otherwise directed by the court. (Spillane, Michael) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
69

CERTIFICATE OF SERVICE by All Defendants filed by Andrew J Crane on behalf of Defendants Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus.(Crane, Andrew) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
70

ORDER by Judge Nanette K. Laughrey. Defendants' unopposed motion for an extension, Doc. 68, is granted. Defendants' response to the second amended complaint, Doc. 65, is due on or before November 29, 2017. This is a TEXT ONLY ENTRY. No document is attached.(Sreeprakash, Netra) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
71

CERTIFICATE OF SERVICE by All Defendants re 66 Order,, filed by Michael Joseph Spillane on behalf of Defendants Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus. Related document: 66 Order,,.(Spillane, Michael) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER
72

NOTICE of appearance by Jordan T Ault on behalf of All Plaintiffs (Attorney Jordan T Ault added to party Norman Brown(pty:pla), Attorney Jordan T Ault added to party Ralph McElroy(pty:pla), Attorney Jordan T Ault added to party Sidney Roberts(pty:pla), Attorney Jordan T Ault added to party Theron Roland(pty:pla))(Ault, Jordan) (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

PACER
73

Answer to Second Amended Complaint on behalf of all defendants ANSWER to 65 Amended Complaint,, Answer to Second Amended Complaint on behalf of all defendants on behalf of Jennifer Zamkus.(Spillane, Michael) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER
74

NOTICE to take deposition of Kelly Dills filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
75

NOTICE to take deposition of Jennifer Zamkus filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

PACER
76

NOTICE to take deposition of Ellis McSwain filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

PACER
77

NOTICE to take deposition of Gary Dusenberg filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

PACER
78

MOTION to withdraw as attorney filed by Mae C Quinn on behalf of All Plaintiffs. Suggestions in opposition/response due by 12/20/2017 unless otherwise directed by the court. (Quinn, Mae) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER
79

ORDER by Judge Nanette K. Laughrey. In light of the fact that other attorneys continue to represent the plaintiffs, the motion by attorney Mae C. Quinn to withdraw, Doc. 78, is granted. This is a TEXT ONLY ENTRY. No document is attached.(Sreeprakash, Netra) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
80

NOTICE to take deposition of Jessica Bliesath filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
81

Amended NOTICE to take deposition of Gary Dusenberg filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 12/14/2017)

Dec. 14, 2017

Dec. 14, 2017

PACER
82

Consent MOTION to amend/correct 40 Amended Scheduling Order,, Terminate Motions, filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. Suggestions in opposition/response due by 1/3/2018 unless otherwise directed by the court. (Related document(s) 40 ) (Breihan, Amy) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
83

SECOND AMENDED SCHEDULING ORDER: Motion for Class Certification due by 3/30/2018. Discovery due by 5/7/2018. Dispositive Motions due by 5/29/2018. Pretrial Conference set for 11/5/2018 at 08:30 AM Courtroom 4A, Jefferson City. Bench Trial set for 11/5/2018 at 09:00 AM in Courtroom 4A, Jefferson City. Motions terminated: 82 Consent MOTION to amend/correct 40 Amended Scheduling Order. Signed on 12/21/17 by District Judge Nanette K. Laughrey. (Attachments: # 1 Memo on PTC) (Matthes Mitra, Renea) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
84

Second NOTICE to take deposition of Jessica Bliesath filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
85

NOTICE of procedural change. Any documents, including proposed orders, that must be emailed to Chambers pursuant to the scheduling order henceforth should be sent to Netra_Sreeprakash@mow.uscourts.gov. (Moore, Terri) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
86

NOTICE to take deposition of Martin Rucker filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 01/05/2018)

Jan. 5, 2018

Jan. 5, 2018

PACER
87

NOTICE to take deposition of Michelle Kasak filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 01/05/2018)

Jan. 5, 2018

Jan. 5, 2018

PACER
88

NOTICE to take deposition of Kenny Jones filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 01/05/2018)

Jan. 5, 2018

Jan. 5, 2018

PACER
89

NOTICE to take deposition of Brian George filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 01/05/2018)

Jan. 5, 2018

Jan. 5, 2018

PACER
90

Amended NOTICE to take deposition of Kenny Jones filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
91

NOTICE to take deposition of Don Ruzicka filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
92

CERTIFICATE OF SERVICE by All Plaintiffs of Request for Entry Onto Land and Inspection of the Missouri Department of Corrections Parole Hearing Sites filed by Amy Elizabeth Breihan on behalf of Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, Theron Roland.(Breihan, Amy) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
93

ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 2/16/2018 at 09:00 AM regarding a discovery dispute. The parties shall email a one page summary of the dispute to Netra_Sreeprakash@mow.uscourts.gov by 9:00 AM on 2/15/2018. The parties shall call conference number: 877-336-1828, access code: 8503666 to participate in the call. Signed on 2/14/18 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) (Entered: 02/14/2018)

Feb. 14, 2018

Feb. 14, 2018

PACER
94

MINUTE ENTRY. Teleconference held before the Hon. Nanette K. Laughrey on February 16, 2018, regarding a discovery dispute. Plaintiffs' counsel served a request to observe and bring a court reporter to transcribe the upcoming parole hearings of three putative class members. If the Parole Board members participate in the hearings from the central office, Plaintiffs' counsel and the court reporter would be present at that location, and not at the prison. Defendants object that the burden outweighs any possible value in such discovery, citing confidentiality expectations of the inmates, victims, prosecutors, and law enforcement agents, and arguing that the discovery sought would be cumulative and Plaintiffs should not be permitted to obtain discovery concerning putative class members before class certification. Plaintiffs noted that two out of three of the putative class members at issue have no objection to Plaintiffs' counsel's and a court reporter's presence at their parole hearings. The third putative class member has yet to respond. Following argument, the Court deferred ruling on the hearing of the one putative class member who has not yet consented to Plaintiffs' counsel's and the court reporter's presence at his parole hearing, until such time as the Court is notified that he has consented. As to the parole hearings for the inmates who consented, the Court overruled Defendants' objections, noting that there is a protective order in place and Plaintiffs' counsel have agreed that they and the court reporter shall undergo any required security screenings. Should the parties deem additional protections necessary, they may contact the Court. The Court declined to issue a blanket ruling as to whether Defendants must permit Plaintiffs' counsel and a court reporter to attend any parole hearings for putative class members that may be scheduled in the future. Appearances: Plaintiffs by Amy Breihan and Jordan Ault. Defendants by Michael Spillane and Andrew Crane. Courtroom Deputy: Renea Matthes Mitra. Court Reporter: None. (Text entry only.) (Matthes Mitra, Renea) (Entered: 02/16/2018)

Feb. 16, 2018

Feb. 16, 2018

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Criminal Justice (Other)

Juvenile Institution

Key Dates

Filing Date: May 18, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Missouri prisoners sentenced to life without parole as juveniles before Supreme Court rulings prohibiting mandatory life without parole for juveniles, and who have been denied parole by the Missouri Department of Corrections

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

Missouri Department of Corrections, State

Missouri Department of Corrections (Jefferson City, Cole), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: $468,629.84

Order Duration: 2019 - None

Issues

General:

Juveniles

Parole grant/revocation

Rehabilitation