Case: Preston v. Gutierrez

COMPLAINT Under the Civil rights Act, 42 USC 1983 (PROV filed pursuant to Court en banc Order of 12/3/68) Defects letter to plt w/ ifp afdt (no Summonses issued) (Court Employee) Modified on 08/23/1993 (Entered: 03/12/1990)

Notice: Case referred to Pro Se office to Prisoner Pro Se (Court Employee) (Entered: 03/12/1990)

Notice by plaintiff Allen Preston Declaration in support of request to proceed in forma pauperis. (Court Employee) (Entered: 03/30/1990)

MOTION by plaintiff Allen Preston to consolidate cases with 90-0245- CV-W-6-P (Court Employee) (Entered: 04/13/1990)

REMARK: Inmate Accounting of Allen Preston. (Court Employee) (Entered: 04/18/1990)

REMARK: Plt's Evidence. (Court Employee) (Entered: 04/30/1990)

REMARK:Plt's Evidence. (Court Employee) (Entered: 04/30/1990)

MOTION by plaintiff Allen Preston for restrianing order (Court Employee) (Entered: 04/30/1990)

ORDER by Judge Howard F. Sachs(1) plt is prov granted leave to proceed in forma pauperis; (2)Plt shall pay the sum of $23.44 in monthly payments of $5.86 per month for 4 months; (3) plt shall have 20 days from the date of this Order to file written objections to this Order; (4) the Clerk of te Court is to mail plt a copy of the financial account information filed by the MO Dept. of Corr. in response to the court's letter of 3/29/90; (5) plt's claim for unconditional release from confinement is severed and dismissed; (6) the St. Joseph State Hospital and the Fulton State Hospital are severed and dismissed as dfts. (7) the Clerk of the Court shall issue service of process on dfts Jack and Holcomb; (8) the US Marshal shall serve a copy of the summons, complaint, and this Order on dfts Jacks and Holcomb; and (9) dfts Jacks and Holcomb shall answer within 20 days from the date of service. (cc: all counsel) (Court Employee) Modified on 08/23/1993 (Entered: 05/07/1990)

MOTION by plaintiff Allen Preston to consolidate cases with 90-0245- CV-W-6-P) (Court Employee) (Entered: 05/08/1990)

ORDER by Judge Howard F. Sachs On 5/8/90 plt's habeas corpus petition Case No. 90-0245-CV-W-P was dismissed. ORDERED that the plt's motion to consolidate cases is denied[3-1] (cc: all counsel) (Court Employee) Modified on 08/23/1993 (Entered: 05/14/1990)

MOTION by plaintiff Allen Preston for temporary restraining order (Court Employee) (Entered: 05/17/1990)

MOTION by plaintiff Allen Preston for leave to file evidence. (Court Employee) (Entered: 05/17/1990)

MOTION by plaintiff Allen Preston for leave to file evidence. (Court Employee) (Entered: 05/17/1990)

RETURN OF SERVICE executed upon defendant William Holcomb on 5/15/90 Costs $ 3.00 (Court Employee) (Entered: 05/21/1990)

RETURN OF SERVICE executed upon defendant Richard K Jacks on 5/15/90 Costs $ 3.00 (Court Employee) (Entered: 05/21/1990)

Response by plaintiff Allen Preston to Order (Court Employee) (Entered: 05/25/1990)

MOTION by plaintiff Allen Preston for treble damages (Court Employee) (Entered: 05/25/1990)

MOTION by defendants to dismiss , or in the alternative for summary judgment (Court Employee) (Entered: 06/07/1990)

Suggestions by defendant in support of motion to dismiss [18-1], of motion for summary judgment [18-2] (Court Employee) (Entered: 06/07/1990)

Traverse by plaintiff Allen Preston (Court Employee) (Entered: 06/18/1990)

AMENDED COMPLAINT Number of summon(s): -0- (Court Employee) (Entered: 06/29/1990)

MOTION by plaintiff Allen Preston to amend (Court Employee) (Entered: 07/17/1990)

MOTION by plaintiff Allen Preston for appointment of counsel , and for Injunctive relief (Court Employee) (Entered: 07/17/1990)

BRIEF FILED by plaintiff Allen Preston regarding complaint [1-1] (Court Employee) (Entered: 07/23/1990)

MOTION by plaintiff Allen Preston for appointment of counsel (Court Employee) (Entered: 09/14/1990)

MOTION by plaintiff Allen Preston to amend complaint under the Civil Rights Act, 42 USC l983. (Court Employee) (Entered: 09/25/1990)

ORDER by Judge Howard F. Sachs (1) dft Jacks is severed and dismissed from this cause of action; (2) dft Holcomb is to file a supplement to his motion for summary judgment within 20 days from the date of this Order; (3) pla's pleading of June 27,l990, is construed as a supplemental complaint; (4) pla's supplemental complaint of June 27,l990 is denied; (5) leave to file plt's amended complaint of July l3,l990, is denied; (6) pla's pleading of Sept 24,l990, is construed as a supplemental complaint; (7) pla if granted leave to file the supplemental complaint of Sept. 24,l990; (8) Dr. Nemesio Gutierrez is added a dft. in this cause of action; (9) The Clerk of the Court shall issue appropriate summons, supplemental cmp of 9/24/90, and copy of this Order to the USM for service on dft. Gutierrez; (10) the USM shall attempt service of process of the summons, the supplemental complaint, and a copy of this Order upon dft. Gutierrez; (11) dft Gutierrez shall answer or otherwise respond to pla's supplemental complaint within 20 days from the date of service ; (12) pla's motions for counsel and injunctive relief are stayed pending the Court's consideration of the responses directed herein. [27-1] granting motion to amend [23-1] (cc: all counsel) (Court Employee) (Entered: 10/10/1990)

RETURN OF SERVICE executed upon defendant Nemesio Gutierrez Dr on 10/17/90 (Court Employee) (Entered: 10/23/1990)

Supplement to sugg. in support of dft's motion to dismiss Pla's complaint or in the alternative dft's motion for summary judgment.9-1] (Court Employee) (Entered: 11/05/1990)

Supplement to 11/5/90 pleading. (Court Employee) (Entered: 11/16/1990)

ATTORNEY APPEARANCE for plaintiff Allen Preston: Kenneth M. Chackes & John Murray, Mo. Protection & Advocacy Services. (Court Employee) (Entered: 11/21/1990)

MOTION by plaintiff Allen Preston to extend time to file sugg. in opp. to dfts' motion to dismiss. (Court Employee) (Entered: 11/21/1990)

Suggestions by plaintiff Allen Preston in opposition to dfts' motion to dismiss. (Court Employee) (Entered: 12/19/1990)

ORDER by Judge Howard F. Sachs that the parties shall within fifteen (15) days of the date of this order show cause why the case should not not be transferred to the U.S. District Court of the Eastern District of Missouri pursuant to 28:1391 and 28:1404 and 1406. It is further ordered that the court will stay ruling the motion for summary judgment until the venue issue is resolved. (cc: all counsel) (Steve Navarro) (Entered: 06/11/1991)

Response by defendants to Order to show cause (Court Employee) (Entered: 06/18/1991)

MOTION by plaintiff Allen Preston to extend time to respnd to show cause order of 6/11/91 (Phyllis Travers) (Entered: 06/20/1991)

Response by plaintiff Allen Preston to Order of 6/11/91 (Phyllis Travers) (Entered: 06/20/1991)

AFFIDAVIT (Subpoena) of Allen Preston regarding response order [39- 1] (Phyllis Travers) (Entered: 06/20/1991)

Response by plaintiff Allen Preston to Order of 6/11/91 (Phyllis Travers) (Entered: 06/20/1991)

ORDER by Judge Howard F. Sachs granting motion to extend time to respnd to show cause order of 6/11/91 to and including 15 days within the date of this order. [38-1] (cc: all counsel) (Court Employee) (Entered: 06/28/1991)

Response by plaintiff Allen Preston to Show Cause Order and Motion for Change of Venue. (Court Employee) (Entered: 06/28/1991)

MEMORANDUM AND ORDER by Judge Howard F. Sachs that dfts' Motion for Summary Judgment is DENIED. (cc: all counsel) (Court Employee) (Entered: 10/22/1991)

ORDER by Judge Howard F. Sachs transferring case to the Central Division , and setting Prel/perm injunction hearing at Jeff City, MO 9:30 11/12/91 (cc: all counsel) (Court Employee) Modified on 08/23/1993 (Entered: 10/22/1991)

NOTICE by plaintiff Allen Preston of taking depo of Salvadore Valera, M.D. on 11/1/91 at 9:30 a.m. (Court Employee) (Entered: 11/12/1991)

PRELIMINARY INJUNCTION by Consent, signed by Judge Howard F. Sachs (cc: all counsel) (Court Employee) (Entered: 01/07/1992)

ORDER by Judge Howard F Sachs by 2/27/92 each party shall file and serve a cert that all disc has been completed and a list of wit & exh to be presented at trial 2/27/92 (cc: all counsel) (Court Employee) Modified on 08/23/1993 (Entered: 02/07/1992)

MOTION by defendant, plaintiff, defendant for leave to file modified propschedo (Court Employee) (Entered: 02/25/1992)

Joint Proposed scheduling order (Glenda Curl) (Entered: 03/16/1992)

CERTIFICATE by plaintiff of service of 1st interr to dfts Steve Reeves and Nemesio Gutierrez (Court Employee) Modified on 08/23/1993 (Entered: 03/17/1992)

CERTIFICATE by plaintiff of service of 1st request for prod of doc to dfts Steve Reeves and Nemesio Gutierrez (Court Employee) Modified on 08/23/1993 (Entered: 03/17/1992)

CERTIFICATE by plaintiff of service of 1st set of request to admit facts (Court Employee) (Entered: 03/17/1992)

ORDER by Judge Howard F. Sachs granting motion for leave to file modified propschedo [49-1]; by 6/9/92 parties to file wit & exh lists, w/ statement of anticipated length of trial & whether jury trial should be scheduled; parties to meet before 6/29/93 to prod docs for inspections & to agree upon pretrial order; pretrial order to be submitted by 6/29/92 (cc: all counsel) (Glenda Curl) (Entered: 03/16/1992)

CERTIFICATE by defendant of service of mt for prod of doc (Court Employee) Modified on 08/23/1993 (Entered: 05/18/1992)

CERTIFICATE by defendant of service of resp to plt's req to admit facts (Court Employee) Modified on 08/23/1993 (Entered: 05/18/1992)

CERTIFICATE by defendant of service of resp to pla's 1st interr to dfts Steve Reeves and Nemesio Gutierrez (Court Employee) Modified on 08/23/1993 (Entered: 05/18/1992)

CERTIFICATE by defendant of service of 1st set of interr (Court Employee) Modified on 08/23/1993 (Entered: 05/18/1992)

Witness and exhibit list submitted by plaintiff (Court Employee) (Entered: 06/15/1992)

MOTION by defendant for leave to file witness & exhibit list out of time (Court Employee) (Entered: 06/11/1992)

MOTION by plaintiff Allen Preston for partial summary judgment (Court Employee) (Entered: 06/17/1992)

AFFIDAVIT of Salvador S. Valera (Court Employee) (Entered: 06/25/1992)

CERTIFICATE of transmission of deposition of Robert Carman taken on 4/23/92 on behalf of plaintiff Costs: 90.00 (Court Employee) (Entered: 06/29/1992)

Amended Proposed scheduling order by defendant, plaintiff (Court Employee) (Entered: 07/01/1992)

CERTIFICATE by plaintiff of service of ans to interr (Court Employee) Modified on 08/23/1993 (Entered: 07/01/1992)

MOTION by defendant for leave to file dfts' cr/mt for dism or sumjgm or in the alt mt to abstain out of time (Court Employee) (Entered: 07/17/1992)

MOTION by plaintiff to extend time to file suggs in oppo to dfts' cr/mt for dism (Court Employee) (Entered: 07/24/1992)

CERTIFICATE of transmission of deposition of Nemesio Gutierrez taken on 4/23/92 on behalf of plaintiff Allen Preston Costs: 114.00 & of Stephen C. Reeves, $90.00 (Court Employee) Modified on 08/23/1993 (Entered: 07/28/1992)

Response by defendant to motion to extend time to file suggs in oppo to dfts' cr/mt for dism [68-1] (Court Employee) (Entered: 07/29/1992)

ORDER by Judge Howard F. Sachs granting motion for leave to file witness & exhibit list out of time [59-1] (cc: all counsel) (Court Employee) (Entered: 07/30/1992)

Witness list submitted by defendant (Court Employee) (Entered: 07/30/1992)

EXHIBIT LIST by defendant (Court Employee) (Entered: 07/30/1992)

CERTIFICATE of transmission of deposition of Nemesio Gutierrez taken on 6/1/92 on behalf of plaintiff Costs: $102.00 (Jackie Price) (Entered: 08/04/1992)

ORDER by Judge Howard F. Sachs granting motion to extend time to file suggs in oppo to dfts' cr/mt for dism [68-1] (cc: all counsel) (Court Employee) (Entered: 08/06/1992)

ORDER by Judge Howard F. Sachs granting motion for leave to file dfts' cr/mt for dism or sumjgm or in the alt mt to abstain out of time [67-1] (cc: all counsel) (Court Employee) (Entered: 08/06/1992)

MOTION by defendant to dismiss , or for summary judgment , or in the alt for order to abstain (Court Employee) (Entered: 08/06/1992)

Suggestions by defendant in support of motion to dismiss [77-1], of motion for summary judgment [77-2], of motion for order to abstain [77- 3] (Court Employee) (Entered: 08/06/1992)

Suggestions by plaintiff in opposition to motion to dismiss [77-1], motion for summary judgment [77-2] (Court Employee) (Entered: 08/20/1992)

MOTION by plaintiff Allen Preston for dfts to experiment with drugs (Court Employee) Modified on 08/23/1993 (Entered: 09/21/1992)

REMARK: alleged violation of contract filed by plt (Court Employee) (Entered: 10/01/1992)

REMARK: plt states there is a conflict of interest with patients treatment and state officers payment, and state funds; uncalled for waste 18 USC 203, et seq; consoldate action civil procedure, Federal Rule l8(a) & l0(B) (Court Employee) Modified on 08/23/1993 (Entered: 10/27/1992)

REMARK: report of violation of crt ord by plt (Court Employee) (Entered: 11/27/1992)

REMARK: req for urine test for hospital staff (Court Employee) Modified on 08/23/1993 (Entered: 02/05/1993)

REMARK: plaintiff tells of bill of attainder (Jackie Price) (Entered: 02/10/1993)

REMARK: req from plt for identity of children he may have (Court Employee) (Entered: 02/16/1993)

Notice of filing by plaintiff re rape remarks (Jackie Price) (Entered: 02/22/1993)

Notice of filing by plaintiff (Jackie Price) (Entered: 02/22/1993)

Notice of filing by plaintiff (Jackie Price) (Entered: 03/29/1993)

ORDER by Judge Howard F. Sachs denying defendant Guiterrez's motion for summary judgment [77-2] denying dft Guiterrez's motion for order to abstain; GRANTS in part & DENIES in part pla's mt for partial s/j; further ORDERED that defendants' policy of involuntarily administering psychotropic drugs for treatment of involuntary mental patients violates the Due Process Clause of the Fourteenth Amendment to the extent policy does not require a finding of "danger to self or others" SO ORDERED [77-3] (cc: all counsel) (Court Employee) Modified on 08/23/1993 (Entered: 07/23/1993)

MOTION by plaintiff for leave to depose addl witnesses (Kelly McIlvain) (Entered: 09/01/1993)

LETTER to court from plaintiff atty Michael H. Finkelstein and John T. Murray "Request for Learning and Pre-Hearing Telephone Conference:. (Court Employee) (Entered: 11/10/1993)

ATTORNEY APPEARANCE by June Striegel-Doughty & Hugh Marshall for Nemesio Gutierrez Dr, William Holcomb (Glenda Curl) (Entered: 08/23/1993)

Suggestions by dfts in opposition to pla's mt for lv to depose addl witnesses (Glenda Curl) (Entered: 08/23/1993)

Further Suggestions by plaintiff Allen Preston in support of plt's mtn for leave to depose add'l witnesses. (Court Employee) (Entered: 08/27/1993)

Reply by dfts to plt's sugg in supp of plt's mt for lv to depose addtl witnesses (Court Employee) (Entered: 09/03/1993)

MOTION by plaintiff Allen Preston to strike (Court Employee) (Entered: 09/13/1993)

Response by defendant to motion to strike [96-1] (Court Employee) (Entered: 09/16/1993)

ORDER by Judge Howard F. Sachs denying motion for leave to depose addl witnesses [94-1] (cc: all counsel) (Court Employee) (Entered: 03/29/1994)

MOTION by plaintiff Allen Preston to withdraw attorney John T. Murray ; w/suggs (Court Employee) Modified on 05/12/1994 (Entered: 05/12/1994)

ORDER by Judge Howard F. Sachs granting motion to withdraw attorney John T. Murray [100-1] attorney John T. Murray for Allen Preston (cc: all counsel) (Court Employee) (Entered: 05/23/1994)

ORDER by Judge Howard F. Sachs that pla show cause w/n 14 days of the date of this ordre, why this action should not be dismissed for failure to prosecute. The Clerk is to send a copy of this order to the pla, allen Preston, at Fulton State Hospital , and Mo. Prot. and Advocacy Services in St. Louis, MO. (cc: all counsel) (Court Employee) (Entered: 05/12/1995)