Case: A.J. v. Myers

4:89-cv-01077 | U.S. District Court for the Western District of Missouri

Filed Date: Nov. 15, 1989

Clearinghouse coding complete

Case Summary

On November 15, 1989, a juvenile detainee at the Jackson County, Missouri, Juvenile Justice Center filed a class action lawsuit under 42 U.S.C. §§ 1983, 1988 in the U.S. District Court for the Western District of Missouri against various administrators and an officer of the juvenile detention center. The class consisted of the named juvenile detainee and others similarly-situated. The plaintiff, who was represented by private counsel and the National Center for Youth Law, sought injunctive rel…

On November 15, 1989, a juvenile detainee at the Jackson County, Missouri, Juvenile Justice Center filed a class action lawsuit under 42 U.S.C. §§ 1983, 1988 in the U.S. District Court for the Western District of Missouri against various administrators and an officer of the juvenile detention center. The class consisted of the named juvenile detainee and others similarly-situated. The plaintiff, who was represented by private counsel and the National Center for Youth Law, sought injunctive relief and damages, alleging that the conditions in the detention center violated due process. More specifically, the plaintiff alleged that the overcrowding at the center, the use of floor mattresses, and injurious health and safety conditions constituted punishment during pretrial detention.

On April 30, 1990, the District Court (Judge Dean Whipple) certified the class, denied the defendants' motion to dismiss the case, and denied the plaintiff's motion for preliminary injunction, on the grounds that there was no risk of immediate and irreparable harm, because the named plaintiff had already been released from the detention center.

On April 26, 1994, a jury verdict and judgment by the court was reached. The jury awarded the named plaintiff damages for the forty-two minutes he spent in isolation where there was urine on the floor. In its Findings of Fact and Conclusions of Law, also filed on April 26, 1994, the court (Judge Whipple) found for the defendants, on the grounds that there was no constitutional violation, and did not grant the injunctive relief sought. The juvenile detention center was responsive to the complaints about health and safety conditions, and took action to reasonably remedy the problems. The plaintiff appealed the District Court decision, which the U.S. Court of Appeals for the Eighth Circuit affirmed in part and reversed in part. We have no information regarding the details of the Eighth Circuit's decision. The plaintiffs' attorneys were awarded reasonable fees and expenses.

Summary Authors

Kristen Sagar (11/8/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/9835468/parties/a-j-v-myers/


Judge(s)

Whipple, Dean (Missouri)

Attorneys(s) for Plaintiff

Bayer, Carolyn P. (Maryland)

Benson, Arthur A. (Missouri)

Johnson, Veronica (Missouri)

Lambert, David Lee (California)

Attorneys(s) for Defendant

Farr, J. Earlene (Missouri)

Haden, Jay (Missouri)

Monteil, Joseph H. (Missouri)

Popper, Julianne (Missouri)

Sanders, William H. Sr. (Missouri)

Judge(s)

Whipple, Dean (Missouri)

Attorneys(s) for Plaintiff

Bayer, Carolyn P. (Maryland)

Benson, Arthur A. (Missouri)

Johnson, Veronica (Missouri)

Lambert, David Lee (California)

Attorneys(s) for Defendant

Farr, J. Earlene (Missouri)

Haden, Jay (Missouri)

Monteil, Joseph H. (Missouri)

Popper, Julianne (Missouri)

Sanders, William H. Sr. (Missouri)

Sloan, Peter B. (Missouri)

Documents in the Clearinghouse

Document

4:89-cv-01077

Docket (Pacer)

Nov. 16, 1995

Nov. 16, 1995

Docket
31

4:89-cv-01077

Order

April 30, 1990

April 30, 1990

Order/Opinion
281

4:89-cv-01077

Findings of Facts and Conclusions of Law

April 26, 1994

April 26, 1994

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9835468/a-j-v-myers/

Last updated Aug. 31, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT - with JS-44c ( 3 Summons(es) issued); Receipt #52924 form $120.00 (Phyllis Travers) (Entered: 11/16/1989)

Nov. 15, 1989

Nov. 15, 1989

PACER
2

MOTION by plaintiff A J for appointment of next friend f/minor pla (Phyllis Travers) (Entered: 11/16/1989)

Nov. 15, 1989

Nov. 15, 1989

PACER
3

Notice by plaintiff L.B. of consent to act as next friend (Phyllis Travers) (Entered: 11/16/1989)

Nov. 15, 1989

Nov. 15, 1989

PACER
4

MOTION by plaintiff A J to certify class (certification) action (Phyllis Travers) (Entered: 11/16/1989)

Nov. 15, 1989

Nov. 15, 1989

PACER
5

MOTION by plaintiff A J for permanent injunction (Phyllis Travers) (Entered: 11/16/1989)

Nov. 15, 1989

Nov. 15, 1989

PACER
6

Notice of pretrial procedures pursuant to Local Rule 15; proposed scheduling order due 2/23/90; reminder to be sent 2/3/90 (Phyllis Travers) (Entered: 11/16/1989)

Nov. 15, 1989

Nov. 15, 1989

PACER
7

MOTION by defendant Lawrence G Myers, defendant David Jackson, defendant Forestal Lawton to dismiss complaint, w/suggs (Sue Anderson) (Entered: 12/07/1989)

Dec. 6, 1989

Dec. 6, 1989

PACER
8

MOTION by plaintiff to extend time to respond to dfts' motion to dismiss (Sue Anderson) (Entered: 12/13/1989)

Dec. 13, 1989

Dec. 13, 1989

PACER
9

ORDER by Judge Dean Whipple granting pla's motion to extend time to respond to dfts' motion to dismiss [8-1]; response to motion to dismiss complaint [7-1] due 1/15/90 (cc: all counsel) (Sue Anderson) (Entered: 12/18/1989)

Dec. 18, 1989

Dec. 18, 1989

PACER
10

NOTICE by plaintiff of taking depo of Lawrence G. Myers on 1/8/90 (Sue Anderson) (Entered: 12/29/1989)

Dec. 29, 1989

Dec. 29, 1989

PACER
11

RETURN OF SERVICE executed upon defendant Lawrence G Myers by serving atty Jay D. Haden by mail on 11/16/89 Costs $ -0- (Sue Anderson) (Entered: 12/29/1989)

Dec. 29, 1989

Dec. 29, 1989

PACER
12

RETURN OF SERVICE executed upon defendant David Jackson by serving atty Jay D. Haden on 11/16/89 Costs $ -0- (Sue Anderson) (Entered: 12/29/1989)

Dec. 29, 1989

Dec. 29, 1989

PACER
13

RETURN OF SERVICE executed upon defendant Forestal Lawton by serving atty Jay D. Haden on 11/16/89 Costs $ -0- (Sue Anderson) (Entered: 12/29/1989)

Dec. 29, 1989

Dec. 29, 1989

PACER
14

MOTION by plaintiff for attorney David Lambert to appear pro hac vice (Sue Anderson) (Entered: 01/08/1990)

Jan. 8, 1990

Jan. 8, 1990

PACER
15

Suggestions {entitled reply suggs} by plaintiff in support of motion for permanent injunction [5-1], of motion to certify class (certification) action [4-1] (Sue Anderson) (Entered: 01/17/1990)

Jan. 16, 1990

Jan. 16, 1990

PACER
16

ORDER by Judge Dean Whipple granting motion for attorney David Lambert to appear pro hac vice [14-1]; pla's attys shall designate which local atty shall make applic to recover atty fees by submitting contemporaneous time records; that before any applic for atty fees is made, counsel seeking reimbursement shall file contemporaneous time records "in camera" by 10 day of each month, beginning with 2/10/90 & the 1st submission shall include records from the inception of the litigation to the last day of Jan 1990 (cc: all counsel) (Court Employee) (Entered: 01/23/1990)

Jan. 22, 1990

Jan. 22, 1990

PACER
17

MOTION by defendants to extend time in which to file reply suggestions to 2/5/90 (Phyllis Travers) (Entered: 01/29/1990)

Jan. 29, 1990

Jan. 29, 1990

PACER
18

MOTION by plaintiff for relief from Local Rule 15 order, w/suggs (Sue Anderson) (Entered: 01/30/1990)

Jan. 30, 1990

Jan. 30, 1990

PACER
19

ORDER by Judge Dean Whipple granting motion to extend time in which to file reply suggestions to 2/5/90 [17-1] (cc: all counsel) (Phyllis Travers) (Entered: 01/30/1990)

Jan. 30, 1990

Jan. 30, 1990

PACER
20

ORDER by Judge Dean Whipple granting in part & denying in part motion for relief from Local Rule 15 order [18-1] ; proposed scheduling order due on or before 4/1/90; It is further Ordered that, pursuant to the provisions of Local Rule 15.B. & notwithstanding the provisions of Local Rule 15.B.(2), the requirements of Local Rule 15 shall apply to the scheduling & discovery in this litigation. (cc: all counsel) (Phyllis Travers) (Entered: 01/31/1990)

Jan. 31, 1990

Jan. 31, 1990

PACER
21

APPLICATION by defendants for protective order (Sue Anderson) (Entered: 02/06/1990)

Feb. 5, 1990

Feb. 5, 1990

PACER
22

CERTIFICATE of transmission of deposition of Lawrence G. Myers, M.A. taken on 1/8/90 on behalf of plaintiff Costs: $238.80 (Sue Anderson) (Entered: 02/06/1990)

Feb. 5, 1990

Feb. 5, 1990

PACER
23

CERTIFICATE by plaintiff of service of 1st req for prod of docs (Sue Anderson) (Entered: 02/09/1990)

Feb. 9, 1990

Feb. 9, 1990

PACER
24

Memorandum Response by plaintiffs to Order of 1/22/90 (Sue Anderson) (Entered: 02/12/1990)

Feb. 9, 1990

Feb. 9, 1990

PACER
25

CERTIFICATE by plaintiff A J of service of Req to Permit Entry Upon Land For Inspection to parties (Court Employee) (Entered: 02/15/1990)

Feb. 14, 1990

Feb. 14, 1990

PACER
26

MOTION by plaintiff A J for order permitting entry upon land for inspection & other purposes (Court Employee) (Entered: 02/15/1990)

Feb. 14, 1990

Feb. 14, 1990

PACER
27

Suggestions by plaintiff in opposition to dfts' motion for protective order [21-1] (Sue Anderson) (Entered: 02/21/1990)

Feb. 20, 1990

Feb. 20, 1990

PACER
32

MINUTE ENTRY: on P.T. conf. Parties disucss terms under which Juvenile Ctr will be toured. Photos: parties will review, decide which can be used in trial preparation & restrict access to only attorneys & staff. Circuit judge will be asked to join tour. Juveniles will not be interviewed. Files will not be disclosed. Questions will be directed to escorts, who will be superintendent or supervisors of detention. No findings will be disclosed by anyone except to lawyers & staff. kn (Sue Anderson) (Entered: 05/01/1990)

March 19, 1990

March 19, 1990

PACER
28

Proposed scheduling order by plaintiffs, defendants (Sue Anderson) (Entered: 04/03/1990)

April 2, 1990

April 2, 1990

PACER
29

CERTIFICATE by defendants of service of resp pla's 1st req f/prod docs (Phyllis Travers) (Entered: 04/13/1990)

April 13, 1990

April 13, 1990

PACER
30

CERTIFICATE by plaintiff A J of service of 2nd req f/prod of docs (Phyllis Travers) (Entered: 04/27/1990)

April 26, 1990

April 26, 1990

PACER
31

ORDER by Judge Dean Whipple granting plas' motion to certify class (certification) action [4-1]; that a class hereby is certified but only for seeking equitable relief & not damages, & the class shall consist of all persons who have been or will have been detained at the Jackson County, MO, Juvenile Justice Center at some time since 11/15/84; denying plas' motion for permanent injunction [5-1]; denying dfts' motion to dismiss complaint (considered as a motion for S/J [7-1]; denying dfts' motion for protective order [21-1]; granting plas' motion for order permitting entry upon land for inspection & other purposes [26-1] (cc: all counsel) (Sue Anderson) (Entered: 04/30/1990)

April 30, 1990

April 30, 1990

PACER
33

MOTION by plaintiff to compel discovery (Rhonda Enss) (Entered: 05/10/1990)

May 9, 1990

May 9, 1990

PACER
34

Suggestions by plaintiff in support of motion to compel discovery [33-1] (Rhonda Enss) (Entered: 05/10/1990)

May 9, 1990

May 9, 1990

PACER
35

MOTION by defendant to extend time to answer (to file a responsive pleading to pla's complaint w/suggs (Rhonda Enss) (Entered: 05/15/1990)

May 14, 1990

May 14, 1990

PACER
36

MEMORANDUM of law by plaintiff to review the issue of plas' right of access to class counsel (Rhonda Enss) (Entered: 05/23/1990)

May 21, 1990

May 21, 1990

PACER
37

1st AMENDED COMPLAINT; adding David Spivey, Otis Spears, H Michael Coburn; jury trial demanded (Rhonda Enss) (Entered: 05/29/1990)

May 24, 1990

May 24, 1990

PACER
38

CERTIFICATE by defendants of service of dfts' response to pla's 2nd request for prod of docs (Rhonda Enss) (Entered: 05/29/1990)

May 25, 1990

May 25, 1990

PACER
39

MOTION by plaintiff to amend proposed scheduling order (Rhonda Enss) (Entered: 06/04/1990)

June 1, 1990

June 1, 1990

PACER
40

Suggestions by plaintiff in support of motion to amend proposed scheduling order [39-1] (Rhonda Enss) (Entered: 06/04/1990)

June 1, 1990

June 1, 1990

PACER
41

TRANSCRIPT of hearing proceedings before the Honorable Dean Whipple for the following date(s): 5/21/90 in KCMO; Court Reporter Barbara L. Buesing (Rhonda Enss) (Entered: 06/04/1990)

June 4, 1990

June 4, 1990

PACER
42

MOTION by defendant Lawrence G Myers, defendant David Jackson, defendant David Spivey, defendant Forestal Lawton, defendant Otis Spears to extend time to answer (in which to respond to pla's 1st amended complaint w/suggs (Rhonda Enss) (Entered: 06/11/1990)

June 8, 1990

June 8, 1990

PACER
43

MOTION by defendant H Michael Coburn for pretrial conference (Court Employee) (Entered: 06/12/1990)

June 8, 1990

June 8, 1990

PACER
44

Suggestions by defendant H Michael Coburn in support of motion for pretrial conference [43-1] (Court Employee) (Entered: 06/12/1990)

June 11, 1990

June 11, 1990

PACER
45

ORDER by Judge Dean Whipple granting dfts' motion to extend time to answer (in which to respond to pla's 1st amended complaint [42-1] until 6/22/90 for Lawrence G Myers, for David Jackson, for David Spivey, for Forestal Lawton, for Otis Spears (cc: all counsel) (Rhonda Enss) (Entered: 06/13/1990)

June 13, 1990

June 13, 1990

PACER
46

Suggestions by plaintiff in opposition to dft Coburn's motion for pretrial conference [43-1] (Rhonda Enss) (Entered: 06/19/1990)

June 18, 1990

June 18, 1990

PACER
47

ANSWER by defendant Lawrence G Myers, defendant David Jackson, defendant David Spivey, defendant Forestal Lawton, defendant Otis Spears to pla's 1st amended complaint (Rhonda Enss) (Entered: 06/25/1990)

June 22, 1990

June 22, 1990

PACER
48

ORDER by Judge Dean Whipple granting dft Coburn's motion for pretrial conference [43-1]; pretrial conference set for 9:00 a.m. on 7/5/90 in Ctrm. 6 (cc: all counsel) (Rhonda Enss) (Entered: 06/26/1990)

June 26, 1990

June 26, 1990

PACER
49

AFFIDAVIT of dft Lawrence G. Myers (Sue Anderson) (Entered: 06/29/1990)

June 29, 1990

June 29, 1990

PACER
50

MOTION by plaintiff to extend time to file a deponent list (Phyllis Travers) (Entered: 06/29/1990)

June 29, 1990

June 29, 1990

PACER
51

ANSWER by defendant H Michael Coburn to 1st amended complaint; jury demand (Phyllis Travers) (Entered: 07/02/1990)

June 29, 1990

June 29, 1990

PACER
52

ORDER by Judge Dean Whipple granting pla's motion to compel discovery [33-1] finding dft's motion to extend time to answer (to file a responsive pleading to pla's complaint [35-1] denied as moot. (cc: all counsel) (Phyllis Travers) (Entered: 07/03/1990)

July 3, 1990

July 3, 1990

PACER
53

ORDER by Judge Dean Whipple granting motion to amend proposed scheduling order [39-1] ; discovery to be completed 12/1/90. It is further Ordered that the dates designated above are established f/pretrial proceedings in this matter. (see order f/more details) (cc: all counsel) (Phyllis Travers) (Entered: 07/03/1990)

July 3, 1990

July 3, 1990

PACER
54

MINUTE ENTRY: on p.t. conf. Bill Sanders offers opening remarks. Arthur Benson reply. Jay Haden offers comments, then Sanders, then Benson, the dft Judge Coburn. Court will order depo of 10 key deponents, then order experts to write reports; court won't give access to juveniles by pla's atty. Only one lawyer for pla will be paid. After experts' reports are written, then court will decide whether to give access to juveniles. Court will not order that notice of suit to all juvenile detainees. kn (Sue Anderson) (Entered: 07/05/1990)

July 5, 1990

July 5, 1990

PACER
55

NOTICE by attys for plaintiff of change of address of counsel David Lambert & the National Center for Youth Law to 114 Sansome Street, Suite 900, San Francisco, CA 94104-3820 (Rhonda Enss) (Entered: 07/16/1990)

July 13, 1990

July 13, 1990

PACER
56

MOTION by plaintiff to reopen plas' discovery, and to extend time to submit plas' experts' reports (Sue Anderson) (Entered: 10/02/1990)

Oct. 1, 1990

Oct. 1, 1990

PACER
57

MOTION by plaintiff for pretrial conference (Sue Anderson) (Entered: 10/02/1990)

Oct. 1, 1990

Oct. 1, 1990

PACER
58

(Response) Suggestions by defendant H Michael Coburn in opposition motion for pretrial conference [57-1], motion to reopen plas' discovery [56-1] & for ext of time to submit plas' experts' reports (Rhonda Enss) (Entered: 10/15/1990)

Oct. 12, 1990

Oct. 12, 1990

PACER
59

REMARK: Order Requiring Certification of Completion of Discovery (Court Employee) (Entered: 12/07/1990)

Dec. 7, 1990

Dec. 7, 1990

PACER
60

CERTIFICATE by defendant H Michael Coburn of completion of discovery (Court Employee) (Entered: 12/14/1990)

Dec. 14, 1990

Dec. 14, 1990

PACER
61

ORDER by Judge Dean Whipple granting motion to reopen plas' discovery [56-1] granting motion to extend time to submit plas' experts' reports [56-2] granting motion for pretrial conference [57-1] pretrial conference set for 1:30 12/19/90 (cc: all counsel) (Court Employee) (Entered: 12/14/1990)

Dec. 14, 1990

Dec. 14, 1990

PACER
62

(Statement Regarding Status Conference set for 12/19/90) Written status report by plaintiff A J w/regard to settlement & to inform court of recent history of case (Court Employee) (Entered: 12/18/1990)

Dec. 18, 1990

Dec. 18, 1990

PACER
63

ORDER by Judge Dean Whipple ; that if a formal settlement has not been reached by 1/28/91, plas' motion to re-open disc & for ext of time to submit plas' experts' reports shall be granted, effective 1/28/91; issuance of a new disc order will be drafted at th time (cc: all counsel) (Sue Anderson) (Entered: 12/20/1990)

Dec. 19, 1990

Dec. 19, 1990

PACER
64

CERTIFICATE of transmission of deposition of Gregory A. Soward taken on 7/24/90 on behalf of plaintiff A J Costs: $417.40 (Phyllis Travers) (Entered: 01/17/1991)

Jan. 16, 1991

Jan. 16, 1991

PACER
65

CERTIFICATE of transmission of deposition of Clara Mae Settles taken on 7/24/90 on behalf of plaintiff A J Costs: $283.60 (Phyllis Travers) (Entered: 01/17/1991)

Jan. 16, 1991

Jan. 16, 1991

PACER
66

CERTIFICATE of transmission of deposition of Steven Bennett taken on 7/25/90 on behalf of plaintiff A J Costs: $570.00 (Phyllis Travers) (Entered: 01/17/1991)

Jan. 16, 1991

Jan. 16, 1991

PACER
67

CERTIFICATE of transmission of deposition of Otis T. Spears taken on 7/26/90 on behalf of plaintiff A J Costs: $673.60 (Phyllis Travers) (Entered: 01/17/1991)

Jan. 16, 1991

Jan. 16, 1991

PACER
68

(Statement) Written status report by plaintiffs Regarding Settlement Status (Court Employee) (Entered: 02/20/1991)

Feb. 19, 1991

Feb. 19, 1991

PACER
69

MOTION by plaintiff to substitute parties (Rhonda Enss) (Entered: 03/11/1991)

March 8, 1991

March 8, 1991

PACER
70

ORDER by Judge Dean Whipple granting motion to substitute parties [69-1] terminating party H Michael Coburn & substituting Judge John R. O'Malley as pty dft in his official capacity as chief administrataive officer of the Sixteenth Judicial Circuit of MO (cc: all counsel) (Court Employee) (Entered: 03/12/1991)

March 12, 1991

March 12, 1991

PACER
71

Stipulation of dismissal w/prej of dft Judge H. Michael Coburn, each pty to bear own costs by plts, dfts Myers, Spivey, Lawton, Jackson & Spears & dft Judge Coburn (Court Employee) (Entered: 03/20/1991)

March 19, 1991

March 19, 1991

PACER
72

ORDER by Judge Dean Whipple granting stipulation [71-1] terminating party H Michael Coburn in all capacities w/prejudice (cc: all counsel) (Rhonda Enss) (Entered: 03/28/1991)

March 28, 1991

March 28, 1991

PACER
73

MOTION by plaintiff A J for pre-trial conf (Phyllis Travers) (Entered: 07/16/1991)

July 15, 1991

July 15, 1991

PACER
74

ORDER by Judge Dean Whipple granting plas' motion for pre-trial conf [73-1] ; Pretrial conference set for 8:00 a.m. on 8/1/91 in chambers (cc: all counsel) (Court Employee) (Entered: 07/17/1991)

July 17, 1991

July 17, 1991

PACER
75

MOTION by plaintiff for temporary restraining order, or in the alternative for preliminary injunction (Court Employee) (Entered: 07/18/1991)

July 17, 1991

July 17, 1991

PACER
76

MOTION by plaintiff A J to establish new discovery schedule (Phyllis Travers) (Entered: 07/29/1991)

July 26, 1991

July 26, 1991

PACER
77

MOTION by plaintiff A J for access to class counsel & records (Phyllis Travers) (Entered: 07/29/1991)

July 26, 1991

July 26, 1991

PACER
78

TRANSCRIPT of hearing before the Hon Howard F. Sachs, held in chambers, in KCMO on date(s): 7/17/91;(Court Reporter, Barbara L. Buesing) (Court Employee) (Entered: 08/12/1991)

Aug. 12, 1991

Aug. 12, 1991

PACER
79

MOTION by plaintiff for pre-trial conf ; w/suggs (Court Employee) (Entered: 08/21/1991)

Aug. 20, 1991

Aug. 20, 1991

PACER
80

ORDER by Judge Dean Whipple granting plas' motion for pre-trial conf [79-1] ; Pretrial conference set for 8:00 a.m. on 9/6/91, in chambers (cc: all counsel) (Court Employee) (Entered: 08/26/1991)

Aug. 26, 1991

Aug. 26, 1991

PACER
81

Suggestions by defendant John R O'Malley in opposition to plas' motion for access to juveniles and unredacted records [77-1] (Court Employee) (Entered: 09/06/1991)

Sept. 4, 1991

Sept. 4, 1991

PACER
83

Separate Suggestions by defendant Lawrence G Myers, defendant David Jackson, defendant David Spivey, defendant Forestal Lawton, defendant Otis Spears in opposition to plas' motion for access to class counsel & records [77-1] (Court Employee) (Entered: 09/06/1991)

Sept. 5, 1991

Sept. 5, 1991

PACER
82

ORDER by Judge Dean Whipple granting plas' motion to establish new discovery schedule [76-1] ; discovery due 3/15/92 (cc: all counsel) (Court Employee) (Entered: 09/06/1991)

Sept. 6, 1991

Sept. 6, 1991

PACER
86

MINUTE ENTRY: Of Hearing (Parties appear for hearing in open court. Court denied plt's motion for access to class counsel & records, denied plt's oral motion to amend the order of 9/6/91 and denied plt's oral request to certify the issues raised in their motion for Access for immediate appeal pursuant to 28 U.S.C. 1292). B. Buesing, Court Reporter. (Yvonne Johnson) (Entered: 09/18/1991)

Sept. 6, 1991

Sept. 6, 1991

PACER
84

MOTION by plaintiffs for certification, and to stay pursuant to 28 USC Sec 1292(b); w/suggs (Court Employee) (Entered: 09/10/1991)

Sept. 9, 1991

Sept. 9, 1991

PACER
85

Suggestions by defendant John R O'Malley in opposition to plas' motion for certification [84-1], & motion to stay [84-2] (Court Employee) (Entered: 09/16/1991)

Sept. 12, 1991

Sept. 12, 1991

PACER
87

ORDER by Judge Dean Whipple denying motion for access to class counsel & records [77-1]; (1) plas' oral mt to amd court's Order of 9/6/91, where it provides that plas conclude their depos of dfts & their employees by 11/1/91, is denied; (2) plas' mt for access to class counsel & records is denied; (3) plas' oral mt to have the issues raised by their mt for access cert for immediate appeal, pursuant to 28 USC Sec 1292, is denied (cc: all counsel) (Court Employee) (Entered: 10/03/1991)

Oct. 3, 1991

Oct. 3, 1991

PACER
88

NOTICE OF APPEAL by plaintiff A J from Dist. Court decision [87-1] Filed 10/3/91 Entered 10/3/91 Paid $ 105.00 Rct. # 77750 (Court Employee) (Entered: 10/08/1991)

Oct. 8, 1991

Oct. 8, 1991

PACER
89

CERTIFICATE by plaintiff of service of notice of appeal to 8th Cir Ct of appeals; plas' mt to disqualify & plas' mt for stay pending appeal (Court Employee) (Entered: 10/08/1991)

Oct. 8, 1991

Oct. 8, 1991

PACER
90

MOTION by plaintiffs to stay pending appeal (Court Employee) (Entered: 10/08/1991)

Oct. 8, 1991

Oct. 8, 1991

PACER
91

MOTION by plaintiffs to disqualify ; w/memo in supp (Court Employee) (Entered: 10/08/1991)

Oct. 8, 1991

Oct. 8, 1991

PACER

Delivered to USCA 2 ctfd cpys of appeal ntc and dkt entries; 2 cpys of Ord fld: 10/3/91 and Jgm fld: 10/3/91 and NOA Supplement (cc: attys and Judge) (Phyllis Travers)

Oct. 9, 1991

Oct. 9, 1991

PACER
93

Suggestions by defendant Lawrence G Myers, defendant David Jackson, defendant David Spivey, defendant Forestal Lawton, defendant Otis Spears in opposition to plas' motion to disqualify [91-1] (Court Employee) (Entered: 10/21/1991)

Oct. 18, 1991

Oct. 18, 1991

PACER
92

Response by defendant Lawrence G Myers, defendant David Jackson, defendant David Spivey, defendant Forestal Lawton, defendant Otis Spears to plas' motion to stay pending appeal [90-1] (Court Employee) (Entered: 10/21/1991)

Oct. 21, 1991

Oct. 21, 1991

PACER
94

Suggestions by defendant Lawrence G Myers, defendant David Jackson, defendant David Spivey, defendant Forestal Lawton, defendant Otis Spears in opposition to the plas' mt for certification pursuant to 28 USC Sec 1292 (b) (Court Employee) (Entered: 10/22/1991)

Oct. 21, 1991

Oct. 21, 1991

PACER
95

Response by defendant John R O'Malley to plas' motion to disqualify [91-1] (Court Employee) (Entered: 10/22/1991)

Oct. 21, 1991

Oct. 21, 1991

PACER
96

Response by defendant John R O'Malley to plas' motion to stay pending appeal [90-1] (Court Employee) (Entered: 10/22/1991)

Oct. 21, 1991

Oct. 21, 1991

PACER
97

Reply suggestions by plaintiffs to dfts' response to motion to disqualify [91-1] (Court Employee) (Entered: 10/28/1991)

Oct. 28, 1991

Oct. 28, 1991

PACER
98

TRANSCRIPT of proceedings for the following date: Hrg held before the Hon Dean Whipple on 9/6/91 in KCMO; (Ct Reporter - Barbara L. Buesing) (Court Employee) (Entered: 11/05/1991)

Nov. 5, 1991

Nov. 5, 1991

PACER
99

CERTIFICATE by plaintiffs of service of expert reports from Ward Duel, Vincent Carbone & Michael Milan & plas' expert report from Ira Schwartz (Court Employee) (Entered: 12/05/1991)

Dec. 4, 1991

Dec. 4, 1991

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: Nov. 15, 1989

Case Ongoing: No

Plaintiffs

Plaintiff Description:

juvenile detainees at the Jackson County, Missouri, Juvenile Justice Center

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Jackson County Juvenile Justice Center (Jackson), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Mixed

Nature of Relief:

Damages

Source of Relief:

Litigation

Order Duration: 1994 - 0

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Confinement/isolation

Sanitation / living conditions

Totality of conditions

Affected Gender:

Male

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run