Case: Preston v. Gutierrez

2:90-cv-06029 | U.S. District Court for the Western District of Missouri

Filed Date: March 12, 1990

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On March 12, 1990, a patient at Fulton State Hospital (Fulton) filed a lawsuit under 42 U.S.C. § 1983 against Fulton and the Missouri Department of Mental Health (DMH) in the U.S. District Court for the Western District of Missouri, Jefferson City Division. The plaintiff, represented by Missouri Protection and Advocacy Services, asked the court for release and back-pay of Social Security benefits, alleging that various conditions of confinement at Fulton were unconstitutional and that the defe…

On March 12, 1990, a patient at Fulton State Hospital (Fulton) filed a lawsuit under 42 U.S.C. § 1983 against Fulton and the Missouri Department of Mental Health (DMH) in the U.S. District Court for the Western District of Missouri, Jefferson City Division. The plaintiff, represented by Missouri Protection and Advocacy Services, asked the court for release and back-pay of Social Security benefits, alleging that various conditions of confinement at Fulton were unconstitutional and that the defendants withheld his Social Security payments.

Originally, on December 23, 1985, the plaintiff was committed to DMH after he pleaded not guilty by reason of mental defect to a charge of burglary in the second degree and stealing over $150.

In the case at hand, on May 2, 1990, the District Court (Judge Howard F. Sachs) severed and dismissed the claim for unconditional release from the suit. And, on October 10, 1990, the Court held that Social Security payments were not recoverable from the named defendants.

On September 24, 1991, the plaintiff filed a supplemental complaint, asking the court for injunctive and declaratory relief as well as damages for past and continued administration of psychotropic medication to him without his consent. Specifically, in his supplemental complaint, the plaintiff contended that the defendants violated his procedural and substantive due process rights under the Fourteenth Amendment, and sought injunctive relief requiring the defendants to adopt and follow new policies and procedures for administering psychoactive medications.

On July 23, 1993, the District Court (Judge Howard F. Sachs) granted in part and denied in part the plaintiff's motion for partial summary judgment. Preston v. Gutierrez, No. 90-6029-CV-SJ-6, 1993 WL 280819 (W.D. Mo. July 23, 1993). The Court granted limited declaratory relief, holding that the DMH's policy of involuntarily administering psychotropic drugs for treatment of involuntary mental patients violated the Due Process Clause insofar as a finding of "danger to self or others" was not required, but held injunctive relief would be premature.

Subsequently, there was significant litigation respecting discovery. On May 22, 1995, the District Court (Judge Sachs) ordered the plaintiff to show cause why the action should not be dismissed for failure to prosecute. After the plaintiff showed cause, the Court granted significant additional discovery time.

On April 25, 1996, the District Court (Judge Sachs) granted the defendants' motion for summary judgment and terminated the case. And, on June 25, 1996, the Court struck the plaintiff's motion for reconsideration. And, on February 13, 1997, the Court dismissed a number of the plaintiff's subsequent notices and motions as moot. The plaintiff appealed.

On March 23, 1999, the Eighth Circuit Court of Appeals dismissed the appeal as having been untimely filed.

We have no more information on this file.

Summary Authors

Josh Altman (6/29/2006)

People


Judge(s)
Attorney for Plaintiff

Chakes, Kenneth M. (Missouri)

Finkelstein, Michael H. (Missouri)

Murray, John Thomas (Missouri)

Attorney for Defendant

Doughty, June Striegel (Missouri)

Marshall, Hugh (Missouri)

show all people

Documents in the Clearinghouse

Document

2:90-cv-06029

Docket [PACER]

March 23, 1999

March 23, 1999

Docket
90

2:90-cv-06029

Memorandum and Order

July 23, 1993

July 23, 1993

Order/Opinion

Docket

Last updated Jan. 5, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

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)

March 12, 1990

March 12, 1990

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

March 12, 1990

March 12, 1990

2

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

March 29, 1990

March 29, 1990

3

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

April 13, 1990

April 13, 1990

4

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

April 17, 1990

April 17, 1990

5

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

April 23, 1990

April 23, 1990

6

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

April 23, 1990

April 23, 1990

7

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

April 23, 1990

April 23, 1990

8

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)

May 2, 1990

May 2, 1990

9

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

May 7, 1990

May 7, 1990

10

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)

May 11, 1990

May 11, 1990

11

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

May 15, 1990

May 15, 1990

12

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

May 15, 1990

May 15, 1990

13

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

May 15, 1990

May 15, 1990

14

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

May 21, 1990

May 21, 1990

15

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

May 21, 1990

May 21, 1990

16

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

May 23, 1990

May 23, 1990

17

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

May 23, 1990

May 23, 1990

18

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

June 4, 1990

June 4, 1990

19

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

June 4, 1990

June 4, 1990

20

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

June 14, 1990

June 14, 1990

21

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

June 27, 1990

June 27, 1990

23

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

July 13, 1990

July 13, 1990

24

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

July 13, 1990

July 13, 1990

25

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

July 19, 1990

July 19, 1990

26

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

Sept. 13, 1990

Sept. 13, 1990

27

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

Sept. 24, 1990

Sept. 24, 1990

28

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)

Oct. 10, 1990

Oct. 10, 1990

29

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

Oct. 23, 1990

Oct. 23, 1990

30

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)

Nov. 5, 1990

Nov. 5, 1990

31

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

Nov. 15, 1990

Nov. 15, 1990

32

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

Nov. 16, 1990

Nov. 16, 1990

33

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

Nov. 16, 1990

Nov. 16, 1990

35

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

Dec. 13, 1990

Dec. 13, 1990

36

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)

June 11, 1991

June 11, 1991

37

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

June 18, 1991

June 18, 1991

38

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

June 20, 1991

June 20, 1991

39

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

June 20, 1991

June 20, 1991

40

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

June 20, 1991

June 20, 1991

41

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

June 20, 1991

June 20, 1991

42

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)

June 27, 1991

June 27, 1991

43

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

June 28, 1991

June 28, 1991

44

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)

Oct. 21, 1991

Oct. 21, 1991

45

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)

Oct. 21, 1991

Oct. 21, 1991

46

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)

Nov. 8, 1991

Nov. 8, 1991

47

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

Jan. 4, 1992

Jan. 4, 1992

48

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)

Feb. 7, 1992

Feb. 7, 1992

49

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

Feb. 25, 1992

Feb. 25, 1992

50

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

March 12, 1992

March 12, 1992

52

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)

March 13, 1992

March 13, 1992

53

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)

March 13, 1992

March 13, 1992

54

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

March 13, 1992

March 13, 1992

51

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)

March 16, 1992

March 16, 1992

55

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

May 15, 1992

May 15, 1992

56

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)

May 15, 1992

May 15, 1992

57

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)

May 15, 1992

May 15, 1992

58

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

May 15, 1992

May 15, 1992

60

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

June 9, 1992

June 9, 1992

59

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

June 10, 1992

June 10, 1992

61

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

June 15, 1992

June 15, 1992

62

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

June 23, 1992

June 23, 1992

63

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)

June 29, 1992

June 29, 1992

65

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

June 30, 1992

June 30, 1992

66

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

July 1, 1992

July 1, 1992

67

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)

July 16, 1992

July 16, 1992

68

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

July 23, 1992

July 23, 1992

69

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)

July 27, 1992

July 27, 1992

70

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)

July 28, 1992

July 28, 1992

71

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)

July 30, 1992

July 30, 1992

72

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

July 30, 1992

July 30, 1992

73

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

July 30, 1992

July 30, 1992

74

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)

Aug. 4, 1992

Aug. 4, 1992

75

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)

Aug. 6, 1992

Aug. 6, 1992

76

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)

Aug. 6, 1992

Aug. 6, 1992

77

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

Aug. 6, 1992

Aug. 6, 1992

78

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)

Aug. 6, 1992

Aug. 6, 1992

79

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

Aug. 19, 1992

Aug. 19, 1992

80

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

Sept. 21, 1992

Sept. 21, 1992

81

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

Sept. 28, 1992

Sept. 28, 1992

82

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)

Oct. 27, 1992

Oct. 27, 1992

83

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

Nov. 27, 1992

Nov. 27, 1992

84

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

Feb. 5, 1993

Feb. 5, 1993

85

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

Feb. 10, 1993

Feb. 10, 1993

86

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

Feb. 16, 1993

Feb. 16, 1993

87

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

Feb. 19, 1993

Feb. 19, 1993

88

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

Feb. 19, 1993

Feb. 19, 1993

89

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

March 29, 1993

March 29, 1993

90

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)

July 23, 1993

July 23, 1993

94

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

Aug. 12, 1993

Aug. 12, 1993

98

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)

Aug. 12, 1993

Aug. 12, 1993

91

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

Aug. 23, 1993

Aug. 23, 1993

92

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

Aug. 23, 1993

Aug. 23, 1993

93

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)

Aug. 27, 1993

Aug. 27, 1993

95

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)

Sept. 3, 1993

Sept. 3, 1993

96

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

Sept. 13, 1993

Sept. 13, 1993

97

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

Sept. 16, 1993

Sept. 16, 1993

99

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)

March 28, 1994

March 28, 1994

100

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

May 12, 1994

May 12, 1994

101

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)

May 23, 1994

May 23, 1994

102

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)

May 10, 1995

May 10, 1995

Case Details

State / Territory: Missouri

Case Type(s):

Mental Health (Facility)

Key Dates

Filing Date: March 12, 1990

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Male committed to the Missouri Department of Mental Health challenging the constitutionality of various conditions of his confinement at Fulton State Hospital and alleging that the defendants unconstitutionally withheld Social Security payments

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Fulton State Hospital (Fulton), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Issues

General:

Informed consent/involuntary medication

Jails, Prisons, Detention Centers, and Other Institutions:

Confinement/isolation

Disability and Disability Rights:

Mental impairment

Medical/Mental Health:

Medication, administration of

Type of Facility:

Government-run