Case: Cody v. City of St. Louis

4:17-cv-02707 | U.S. District Court for the Eastern District of Missouri

Filed Date: Nov. 13, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a putative class action about allegedly unconstitutional jail conditions in Missouri. On November 13, 2017, several people detained at St. Louis's Medium Security Institution (MSI), also known as "the Workhouse," filed suit in the U.S. District Court for the Eastern District of Missouri alleging inhumane living conditions. The plaintiffs alleged that detainees at MSI endured rat and insect infestations; extreme temperatures; inconsistent and inadequate medical care; poor air quality and…

This is a putative class action about allegedly unconstitutional jail conditions in Missouri. On November 13, 2017, several people detained at St. Louis's Medium Security Institution (MSI), also known as "the Workhouse," filed suit in the U.S. District Court for the Eastern District of Missouri alleging inhumane living conditions. The plaintiffs alleged that detainees at MSI endured rat and insect infestations; extreme temperatures; inconsistent and inadequate medical care; poor air quality and mold; overcrowding; insufficient staff; and a "culture of fear" created by jail staff, who had punished people for filing complaints about the conditions. The plaintiffs brought suit under 42 U.S.C. §1983, alleging violation of the Fourteenth Amendment's protections from cruel and unusual conditions, the Eighth Amendment's prohibition on cruel and unusual punishment, and the First Amendment's prohibition on retaliation. Represented by ArchCity Defenders, the plaintiffs sought monetary damages, as well as declaratory and injunctive relief. The case was assigned to Judge Audrey G. Fleissig.

The plaintiffs filed an amended complaint on June 4, 2018 without substantial changes. For the next two years, the parties engaged in discovery. The case was stayed from September 2020 to January 2021 while the parties held settlement negotiations.

St. Louis Mayor Tishaura Jones came into office in April 2021, and immediately proposed closing MSI because of its history of inhumane conditions. On June 16, 2021, MSI closed and the people held there were moved to another institution. The defendants subsequently moved for summary judgment on the plaintiffs' claims for declaratory and injunctive relief, arguing that they had become moot. However, later that year, the city started sending people back to MSI.

On August 2, 2021, the plaintiffs filed a motion to certify two classes and two subclasses. On December 27, 2021, the court denied the plaintiffs' motion, noting the open-ended nature of the class categories, which each covered broad time periods. 2021 WL 6112480. On Jan. 10, 2022, plaintiffs filed an amended motion to certify narrower classes. On May 25, 2022, the court granted the amended motion. The court certified two classes—pretrial detainees and post-conviction detainees at MSI between November 2012 and July 2018—and two subclasses of people subject to extreme heat conditions at MSI.

On October 12, 2021, the court granted summary judgment for the defendants as to the claims for injunctive and declaratory relief, holding that the plaintiffs lacked standing to sue because at the time the lawsuit was filed, none of the named plaintiffs were incarcerated at MSI or likely to be incarcerated there in the future. The plaintiffs sought leave to amend their complaint to add plaintiffs who were incarcerated at MSI on the date of filing, but the court denied the motion on December 6, 2021. The lawsuit continued with only the plaintiffs' damages claims at issue.

The plaintiffs filed a second amended complaint on April 22, 2022, to clarify the identities of some named plaintiffs.

On June 28, 2022, defendants filed an interlocutory appeal to the U.S. Court of Appeals for the Eighth Circuit challenging the decision to certify the classes (case no. 22-2348). The district court granted an administrative stay pending disposition on the appeal. On June 3, 2024, the Eighth Circuit reversed the certification of the classes and remanded the case to the district court. The Eighth Circuit held that the district court did not follow the proper legal standard when analyzing the class claims and had not considered Monell liability for the City of St. Louis. 103 F.4th 523. The district court subsequently lifted the stay.

On October 31, 2024, plaintiffs filed a second amended motion for class certification. This case remains ongoing as of December 23, 2024.

Summary Authors

Madilynn O'Hara (7/7/2024)

Ted Molina (12/28/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6238857/parties/cody-v-city-of-st-louis/


Judge(s)
Attorney for Plaintiff

Alessi, Robert J. (Missouri)

Bowling, Aaron Patrick (Missouri)

Carroll, Nathaniel Richard (Missouri)

Attorney for Defendant

Camilleri, Kelly Lynn (Missouri)

Expert/Monitor/Master/Other

Atri, Sima (Missouri)

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Documents in the Clearinghouse

Document
1

4:17-cv-02707

Class Action Complaint

Nov. 13, 2017

Nov. 13, 2017

Complaint
22

4:17-cv-02707

First Amended Class Action Complaint

June 4, 2018

June 4, 2018

Complaint
302

4:17-cv-02707

Memorandum and Order

Dec. 27, 2021

Dec. 27, 2021

Order/Opinion

2021 WL 6112480

335

4:17-cv-02707

Memorandum and Order

May 25, 2022

May 25, 2022

Order/Opinion

2022 WL 1658787

371

4:17-cv-02707

Opinion

Grover v. City of St. Louis

U.S. Court of Appeals for the Eighth Circuit

June 3, 2024

June 3, 2024

Order/Opinion

103 F.4th 523

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6238857/cody-v-city-of-st-louis/

Last updated Aug. 7, 2025, 10:54 p.m.

ECF Number Description Date Link Date / Link

Case Opening Notification

Nov. 13, 2017

Nov. 13, 2017

PACER

Case Assignment Local Rule 2.08

Nov. 13, 2017

Nov. 13, 2017

PACER
1

COMPLAINT against defendant City of St. Louis with receipt number 0865-6237480, in the amount of $400 Jury Demand,, filed by Michael Mosley, Vincent Grover, Diedre Wortham, Jasmine Borden, James Cody, John Doe, John Roe. (Attachments: # 1 Exhibit Exhibit A, # 2 Civil Cover Sheet, # 3 Original Filing Form, # 4 Waiver of Service, # 5 Waiver of Service)(Strode, Blake) (Entered: 11/13/2017)

1 Exhibit Exhibit A

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2 Civil Cover Sheet

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3 Original Filing Form

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4 Waiver of Service

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5 Waiver of Service

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Nov. 13, 2017

Nov. 13, 2017

Clearinghouse

Case Opening Notification: Waivers issued 1. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click here for the instructions. Judge Assigned: U.S. Magistrate Judge Nannette A. Baker. (BAK)

Nov. 13, 2017

Nov. 13, 2017

PACER
2

Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (CSAW) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
3

ENTRY of Appearance by Nathaniel Richard Carroll for Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Carroll, Nathaniel) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
4

ENTRY of Appearance by Jacki J. Langum for Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Langum, Jacki) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
5

ENTRY of Appearance by Michael-John Voss for Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Voss, Michael-John) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
6

WAIVER OF SERVICE Returned Executed filed by Michael Mosley, Vincent Grover, Diedre Wortham, Jasmine Borden, James Cody, John Doe, John Roe City of St. Louis waiver signed on 11/16/2017, answer due 1/16/2018. (Carroll, Nathaniel) (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER
7

ENTRY of Appearance by Nicole Denise Nelson for Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Nelson, Nicole) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
8

ENTRY of Appearance by Andrew David Wheaton for Defendant City of St. Louis. (Wheaton, Andrew) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

PACER
9

RULE 16 ORDER Joint Scheduling Plan due by 2/20/2018. Rule 16 Conference set for 2/27/2018 10:00 AM in Chambers before Magistrate Judge Nannette A. Baker. Notice re: Magistrate Judge Jurisdiction due by 2/20/2018. Signed by Magistrate Judge Nannette A. Baker on 1/16/18. (Attachments: # 1 consent)(CLA) (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

PACER
10

ANSWER to 1 Complaint, by City of St. Louis.(Wheaton, Andrew) (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

PACER
11

ENTRY of Appearance by H. Anthony Relys for Defendant City of St. Louis. (Relys, H.) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

PACER
12

CJRA ORDER (GJL). Magistrate Judge Nannette A. Baker termed. Case reassigned to District Judge Audrey G. Fleissig for all further proceedings. (AAS) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

PACER
13

ORDER: IT IS HEREBY ORDERED that the Rule 16 scheduling conference previously set for February 27, 2018 at 10:00 am is RESCHEDULED for February 27, 2018, at 10:30 a.m., in the chambers of the undersigned. This is a time and location change only. IT IS FURTHER ORDERED that the remainder of the previously-entered Order Setting Rule 16 Conference (ECF No. 9 ) shall remain in effect. (Rule 16 Conference set for 2/27/2018 10:30 AM in Chambers before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on January 18, 2018. (BRP) (Entered: 01/18/2018)

Jan. 18, 2018

Jan. 18, 2018

PACER
14

ENTRY of Appearance by John McCann Waldron for Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Waldron, John) (Entered: 02/19/2018)

Feb. 19, 2018

Feb. 19, 2018

PACER
15

JOINT SCHEDULING PLAN by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. . (Carroll, Nathaniel) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
16

CASE MANAGEMENT ORDER This case is assigned to Track: 3( Motion to Join Parties due by 5/25/2018., Discovery Completion due by 1/31/2019., Non-Dispositive Motions due by 2/11/2019., ADR Future Reference 7/23/2018., Dispositive Motions due by 3/1/2019., Jury Trial set for 7/22/2019 09:00 AM in Courtroom 12S before District Judge Audrey G. Fleissig., Pretrial Compliance due by 7/2/2019., Motion in Limine due by 7/8/2019.) [SEE ORDER FOR CONMPLETE DETAILS.]. Signed by District Judge Audrey G. Fleissig on 2/27/2018. (NEP) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
17

ENTRY of Appearance by Sima Atri for Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Atri, Sima) (Entered: 04/12/2018)

April 12, 2018

April 12, 2018

PACER
18

Consent MOTION for Extension of Time to Amend Pleadings to June 1, 2018 by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Carroll, Nathaniel) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
19

Docket Text ORDER: Re: 18 Consent MOTION for Extension of Time to Amend Pleadings, to and including June 1, 2018, filed by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on May 28, 2018. (AGF) (Entered: 05/28/2018)

May 28, 2018

May 28, 2018

PACER
20

Consent MOTION for Leave to Amend Complaint by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Attachments: # 1 Exhibit 1 - Proposed First Amended Class Action Complaint, # 2 Exhibit 1A (Exhibit A to Proposed First Amended Class Action Complaint))(Carroll, Nathaniel) (Entered: 06/01/2018)

June 1, 2018

June 1, 2018

PACER
21

Docket Text ORDER Re: 20 Consent Motion for Leave to Amend Complaint by Plaintiffs James Cody, et al.; ORDERED GRANTED. The Clerk of Court shall detach the Amended Complaint and file it separately in the Court docket. Signed by District Judge Audrey G. Fleissig on June 4, 2018. (SAA) (Entered: 06/04/2018)

June 4, 2018

June 4, 2018

PACER
22

AMENDED COMPLAINT against defendant City of St. Louis, filed by Michael Mosley, Vincent Grover, Diedre Wortham, Jasmine Borden, James Cody, John Doe, John Roe. (Attachments: # 1 Exhibit A)(BRP) (Entered: 06/05/2018)

1 Exhibit A

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June 4, 2018

June 4, 2018

Clearinghouse
23

ANSWER to 22 Amended Complaint by City of St. Louis.(Wheaton, Andrew) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
24

NOTICE of Change of Address filed by Nathaniel Richard Carroll. (Carroll, Nathaniel) Law Firm address updated in CM/ECF (CAR). (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
25

MOTION for Extension of Time to Complete Discovery by Defendant City of St. Louis. (Attachments: # 1 Exhibit Plaintiffs' Second Requests for Production to Defendant)(Relys, H.) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
26

Docket Text ORDER Re: 25 Motion for Extension of Time to Complete Discovery by Defendant City of St. Louis; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on June 29, 2018. (SAA) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
27

Joint MOTION for Protective Order by Defendant City of St. Louis. (Attachments: # 1 Text of Proposed Order Exhibit A)(Wheaton, Andrew) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
28

Docket Text ORDER Re: 27 Joint Motion for Protective Order by Defendant City of St. Louis; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on July 20, 2018. (SAA) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
29

PROTECTIVE ORDER [SEE ORDER FOR COMPLETE DETAILS] Signed by District Judge Audrey G. Fleissig on 7/20/2018. (AFC) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
30

ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation. Designation of Lead Counsel: Blake Alexander Strode. ADR Completion Deadline due by 9/20/2018. ADR Compliance Report Deadline due by 10/4/2018. Designation of Neutral/Conference Report due by 8/12/2018. Signed by District Judge Audrey G. Fleissig on July 23, 2018. (BRP) (Entered: 07/23/2018)

July 23, 2018

July 23, 2018

PACER
31

Joint MOTION to Amend/Correct 16 Case Management Order,,, Terminate Deadlines and Hearings,, 30 Order Referring Case to ADR, by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Carroll, Nathaniel) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

PACER
32

Docket Text ORDER Re: 31 Joint Motion to Amend/Correct 16 Case Management Order, Terminate Deadlines and Hearings, 30 Order Referring Case to ADR, by Plaintiffs James Cody, et al.; ORDERED GRANTED. No further extensions of the deadlines in the Case Management Order will be granted absent a showing of extreme good cause. The parties are also advised that no extensions of the deadlines for filing case dispositive motions will be granted, as any further extensions would require a continuance of the trial date, which remains scheduled for July 22, 2019, at 9:00 a.m.. Signed by District Judge Audrey G. Fleissig on July 25, 2018. (SAA) (Entered: 07/25/2018)

July 25, 2018

July 25, 2018

PACER
33

MOTION to Quash Partially Subpoena Duces Tecum by Interested Party Corizon Health, Inc. (Attachments: # 1 Exhibit A)(Eckenrode, J.) (Entered: 08/01/2018)

1 Exhibit A

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Aug. 1, 2018

Aug. 1, 2018

RECAP
34

MEMORANDUM in Support of Motion re 33 MOTION to Quash Partially Subpoena Duces Tecum filed by Interested Party Corizon Health, Inc. (Attachments: # 1 Exhibit A)(Eckenrode, J.) (Entered: 08/01/2018)

1 Exhibit A

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Aug. 1, 2018

Aug. 1, 2018

PACER
35

MOTION for Leave to File out of time Plaintiffs' Response in Opposition to Corizon Health, Inc.'s Motion to Partially Quash Subpoena Duces Tecum by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Carroll, Nathaniel) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
36

RESPONSE in Opposition re 33 MOTION to Quash Partially Subpoena Duces Tecum filed by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Carroll, Nathaniel) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
37

Docket Text ORDER Re: 35 Motion for Leave to File out of time Plaintiffs' Response in Opposition to Corizon Health, Inc.'s Motion to Partially Quash Subpoena Duces Tecum by Plaintiffs James Cody, et al.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on August 13, 2018. (SAA) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
38

MOTION for Leave to File Additional Memorandum in Support of Corizon Health, Inc.'s Motion to Partially Quash Subpoena Duces Tecum by Interested Party Corizon Health, Inc. (Attachments: # 1 Exhibit)(Eckenrode, J.) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
39

Docket Text ORDER Re: 38 Motion for Leave to File Additional Memorandum in Support of Corizon Health, Inc.'s Motion to Partially Quash Subpoena Duces Tecum by Interested Party Corizon Health, Inc.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on August 29, 2018. (SAA) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER
40

First MOTION to Compel Discovery and Request for Sanctions by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Atri, Sima) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

RECAP
41

MEMORANDUM in Support of Motion re 40 First MOTION to Compel Discovery and Request for Sanctions filed by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Attachments: # 1 Exhibit First RFP, # 2 Exhibit First ROG, # 3 Exhibit Request for Inspection, # 4 Exhibit Def. Initial Disclosures, # 5 Exhibit Pl. Initial Disclosures, # 6 Exhibit Email - Protective Order, # 7 Exhibit Second RFP, # 8 Exhibit Outstanding discovery, # 9 Exhibit Extending discovery deadline, # 10 Exhibit 3rd RFP, # 11 Exhibit Deposition scheduling, # 12 Exhibit Response to First RFP and ROG, # 13 Exhibit Email Meet and Confer, # 14 Exhibit Extension 2nd RFP, # 15 Exhibit Email consultation, # 16 Exhibit Email meet and confer, # 17 Exhibit Initial CMO, # 18 Exhibit Amend CMo, # 19 Exhibit Affidavit from Pl. Expert Eldon Vail, # 20 Exhibit Def. Objection to 3rd RFP, # 21 Exhibit Pl Objection First ROG, # 22 Exhibit Photo shipping container, # 23 Exhibit Photo shipping container, # 24 Exhibit Obj to First ROG, # 25 Exhibit Response to First RFP, # 26 Exhibit Email Scanning documents, # 27 Exhibit Email prep for inspection, # 28 Exhibit Email Meet and Confer, # 29 Exhibit Email Outstanding Discovery Issues, # 30 Exhibit Email outstanding discovery, # 31 Exhibit Email meet and confer, # 32 Exhibit Email shipping container, # 33 Exhibit Image record boxes, # 34 Exhibit Image record boxes, # 35 Exhibit Image moldy boxes, # 36 Exhibit Image moldy boxes, # 37 Exhibit Deposition of Jamie Lambing, # 38 Exhibit Amended NOD Lambing, # 39 Exhibit Cost of scanning shipping container documents)(Atri, Sima) (Entered: 09/06/2018)

37

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38

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Sept. 6, 2018

Sept. 6, 2018

PACER
42

ENTRY of Appearance by Michael A. Garvin for Defendant City of St. Louis. (Garvin, Michael) (Entered: 09/07/2018)

Sept. 7, 2018

Sept. 7, 2018

PACER
43

MOTION to Withdraw as Attorney of record for Plaintiffs ;attorney/firm Nicole D. Nelson by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Nelson, Nicole) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

PACER
44

Docket Text ORDER Re: 43 Motion to Withdraw as Attorney of record for Plaintiffs; attorney/firm Nicole D. Nelson by Plaintiffs James Cody, et al.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on September 11, 2018. (SAA) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER
45

MOTION for Extension of Time to File Response/Reply as to 40 First MOTION to Compel Discovery and Request for Sanctions by Defendant City of St. Louis. (Attachments: # 1 Exhibit A (Plaintiffs' Fourth Request for Production Served September 7, 2018)(Wheaton, Andrew) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

PACER
46

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs and Defendant shall confer face-to-face in good faith, in accordance with Local Rule 3.04, by October 4, 2018, in an attempt to resolve or narrow the discovery disputes raised in Plaintiffs' motion to compel and for sanctions (ECF No. 40 ). IT IS FURTHER ORDERED that Defendant City of St. Louis motion for extension of time to respond (ECF No. 45 ) is GRANTED in part and DENIED in part. Defendant has until October 11, 2018, to respond to Plaintiffs motion to compel and for sanctions. However, Defendant's Motion is denied in all other respects. Signed by District Judge Audrey G. Fleissig on 9/18/18. (KXS) (Entered: 09/18/2018)

Sept. 18, 2018

Sept. 18, 2018

RECAP
47

First MOTION for Hearing Telephonic by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Interested Party Corizon Health, Inc. (Attachments: # 1 Exhibit Note from July 20, 2018 Meet and Confer, # 2 Affidavit Affidavit attesting to the notes in Ex. A, # 3 Exhibit Index Provided by Defendant of City's Documents in Shipping Container, # 4 Exhibit Defendant Proposal for Search of Documents in Shipping Container, # 5 Exhibit Pl. Email to City related to additional discovery issues, # 6 Exhibit Pl. Email to City related to outstanding discovery documents)(Atri, Sima) (Entered: 10/03/2018)

1 Exhibit Note from July 20, 2018 Meet and Confer

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2 Affidavit Affidavit attesting to the notes in Ex. A

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3 Exhibit Index Provided by Defendant of City's Documents in Shipping Contain

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4 Exhibit Defendant Proposal for Search of Documents in Shipping Container

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5 Exhibit Pl. Email to City related to additional discovery issues

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6 Exhibit Pl. Email to City related to outstanding discovery documents

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Oct. 3, 2018

Oct. 3, 2018

RECAP
48

First MOTION to Amend/Correct 47 First MOTION for Hearing Telephonic (Corrected Certificate of Service) by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Interested Party Corizon Health, Inc. (Atri, Sima) (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

PACER
49

RESPONSE to Motion re 47 First MOTION for Hearing Telephonic filed by Defendant City of St. Louis. (Wheaton, Andrew) (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

PACER
50

Docket Text ORDER Re: 48 First Motion to Amend/Correct 47 First Motion for Hearing Telephonic (Corrected Certificate of Service) by Plaintiffs James Cody, et al.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on October 4, 2018. (SAA) (Entered: 10/04/2018)

Oct. 4, 2018

Oct. 4, 2018

PACER
51

ORDER: IT IS HEREBY ORDERED that Plaintiffs' motion for a telephonic hearing (ECF No. 47 ) is GRANTED. The hearing will be scheduled by conference call with the parties once briefing is complete on Plaintiffs' motion to compel and for sanctions (ECF No. 40 ). IT IS FURTHER ORDERED that Defendant has until October 11, 2018, to respond to Plaintiffs motion to compel and for sanctions (ECF No. 40 ). Plaintiffs have until October 18, 2018, to file a reply in support of their motion. IT IS FURTHER ORDERED that the October 24, 2018, deadline for Plaintiffs to disclose all expert witnesses and to provide summaries and reports is VACATED. Once the Court has ruled on the motion to compel, a new deadline will be established. IT IS FINALLY ORDERED that Plaintiffs' motion to amend their motion for hearing to correct the Certificate of Service (ECF No. 48 ) is GRANTED. Signed by District Judge Audrey G. Fleissig on October 4, 2018. (BRP) (Entered: 10/04/2018)

Oct. 4, 2018

Oct. 4, 2018

PACER
52

MOTION for Extension of Time to File Response/Reply as to 41 Memorandum in Support of Motion,,,,,, Unopposed by Defendant City of St. Louis. (Wheaton, Andrew) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
53

Docket Text ORDER Re: 52 Motion for Extension of Time to File Response/Reply as to 41 Memorandum in Support of Motion Unopposed by Defendant City of St. Louis; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on October 12, 2018. (SAA) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
54

MOTION for Extension of Time to File Response/Reply as to 40 First MOTION to Compel Discovery and Request for Sanctions by Defendant City of St. Louis. (Wheaton, Andrew) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
55

RESPONSE in Opposition re 54 MOTION for Extension of Time to File Response/Reply as to 40 First MOTION to Compel Discovery and Request for Sanctions filed by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham, Interested Party Corizon Health, Inc. (Attachments: # 1 Exhibit Oct 1 Email outlining Shipping Container Issues, # 2 Exhibit Oct 15 Email attaching Index, # 3 Exhibit Shipping Container Index Oct 2018)(Atri, Sima) (Entered: 10/17/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
56

Docket Text ORDER Re: 54 Motion for Extension of Time to File Response/Reply as to 40 First Motion to Compel Discovery and Request for Sanctions by Defendant City of St. Louis; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on October 17, 2018. (SAA) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
57

RESPONSE in Opposition re 40 First MOTION to Compel Discovery and Request for Sanctions filed by Defendant City of St. Louis. (Attachments: # 1 Exhibit A (October 5, 2018 email), # 2 Exhibit B (July 31, 2018 Letter with Enclosures), # 3 Exhibit C (June 29, 2018 email), # 4 Exhibit D (July 13, 2018 email scheduling meet and confer), # 5 Exhibit E (Lambing Affidavit), # 6 Exhibit F (October 3, 2018 email), # 7 Exhibit G (Updated Index), # 8 Exhibit H (Container Photographs), # 9 Exhibit I (Glass Affidavit))(Wheaton, Andrew) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER
58

MOTION for Leave to File Out of Time Plaintiffs' Reply in Support of Motion to Compel and for Sanctions by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Attachments: # 1 Exhibit 1 - Wheaton Email to Carroll dated Oct 26, 2018)(Carroll, Nathaniel) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
59

MOTION for Leave to File Reply in Support of Plaintiffs' Motion to Compel and for Sanctions in Excess of Fifteen Pages by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Carroll, Nathaniel) (Entered: 10/27/2018)

Oct. 27, 2018

Oct. 27, 2018

PACER
60

REPLY to Response to Motion re 59 MOTION for Leave to File Reply in Support of Plaintiffs' Motion to Compel and for Sanctions in Excess of Fifteen Pages, 58 MOTION for Leave to File Out of Time Plaintiffs' Reply in Support of Motion to Compel and for Sanctions, 40 First MOTION to Compel Discovery and Request for Sanctions filed by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Attachments: # 1 Exhibit Exhibit 1 - Chart of Outstanding Discovery Issues, # 2 Exhibit Exhibit 2 - Plaintiffs' Fourth RFP to City of St Louis, # 3 Exhibit Exhibit 3 - Plaintiffs' Fifth RFP to City of St Louis, # 4 Exhibit Exhibit 4 - Shipping Container Index from City of St Louis, # 5 Exhibit Exhibit 5 - Carroll email to Wheaton dated Sep 7 2018 and Atri follow up email, # 6 Exhibit Wheaton email with search results, # 7 Exhibit Exhibit 7 - Declaration of Nathaniel R. Carroll with Appendix A - Attorney Billing Statement, # 8 Exhibit Exhibit 8 - Carroll email to Wheaton dated Aug 15 2018)(Carroll, Nathaniel) (Entered: 10/27/2018)

Oct. 27, 2018

Oct. 27, 2018

PACER
61

Docket Text ORDER Re: 58 Motion for Leave to File Out of Time Plaintiffs' Reply in Support of Motion to Compel and for Sanctions by Plaintiffs James Cody, et al.; and 59 Motion for Leave to File Reply in Support of Plaintiffs' Motion to Compel and for Sanctions in Excess of Fifteen Pages by Plaintiffs James Cody, et al.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on October 29, 2018. (SAA) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
62

ORDER : As discussed with counsel during a conference call today, IT IS HEREBY ORDERED that oral argument on Plaintiffs motion to compel and for sanctions (ECF No. 40) is set for Tuesday, November 6, 2018, at 3:30 p.m. in Courtroom 12S. Each side will be allowed fifteen minutes to present its argument. (Motion Hearing set for 11/6/2018 03:30 PM in Courtroom 12S before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on 10/30/2018. (KCB) (Entered: 10/30/2018)

Oct. 30, 2018

Oct. 30, 2018

PACER
63

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that non-party Corizon Health, Inc.s Motion to Partially Quash Subpoena Duces Tecum (ECF No. 33 ) is GRANTED in part and DENIED in part. Exhibit A: Documents to be Produced of the Subpoena served by Plaintiffs on Corizon requiring production of documents on August 3, 2018 at 11:00 a.m. (ECF No. 33-1) is modified as follows: (1) Relevant Period as defined in paragraph 10 of the Definitions section is now defined as May 1, 2017 to October 31, 2017; (2) paragraph 20 under Documents Requested is struck and Corizon need not produce documents in response to this paragraph; and (3) all document requests in the subpoena are limited to documents from the City of St. Louis Medium Security Institution. Corizon Health, Inc. shall produce documents responsive to the subpoena as modified above by November 23, 2018.. Signed by District Judge Audrey G. Fleissig on 10/31/2018. (KCB) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

RECAP
64

MOTION for Leave to File Sur-reply by Defendant City of St. Louis. (Attachments: # 1 Exhibit A (City's Sur-Reply in Opposition to Plaintiffs' Motion to Compel and for Sanctions), # 2 Exhibit A to Sur-Reply (Plaintiffs' Proposed Email; Search Terms and Connectors))(Wheaton, Andrew) (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

PACER
65

Docket Text ORDER: Re: 64 MOTION for Leave to File Sur-reply, filed by City of St. Louis ; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on November 5, 2018. (AGF) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

PACER
66

SURREPLY to Motion re 40 First MOTION to Compel Discovery and Request for Sanctions filed by Defendant City of St. Louis. (Attachments: # 1 Exhibit A)(AFC) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
67

Minute Entry for proceedings held before District Judge Audrey G. Fleissig: Motion Hearing held on 11/6/2018 re 40 First MOTION to Compel Discovery and Request for Sanctions Parties present a hearing regarding Plaintiffs' motion to compel and for sanctions 40 . Arguments are heard from both parties. The Court denys the Plaintiffs' motion for sanctions. The Court grants the Plaintiffs' motion to compel, in part. Order to issue. (Court Reporter:Patti Dunn Wecke, Patti_Dunn_Wecke@moed.uscourts.gov, 314-244-7984) (FTR Gold: No) (AFC) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

RECAP
68

ORDER: IT IS HEREBY ORDERED that Plaintiffs' motion to compel and for sanctions (ECF No. 40 ) is GRANTED in part and DENIED in part, as follows [SEE ORDER FOR COMPLETE DETAILS]. Signed by District Judge Audrey G. Fleissig on 11/7/2018. (AFC) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

RECAP
69

ENTRY of Appearance by Robert H. Dierker for Defendant City of St. Louis. (Dierker, Robert) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
70

First MOTION to Bifurcate Discovery by Defendant City of St. Louis. (Dierker, Robert) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
71

MEMORANDUM in Support of Motion re 70 First MOTION to Bifurcate Discovery filed by Defendant City of St. Louis. (Dierker, Robert) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
72

Consent MOTION for Extension of: Deadline to File Plaintiffs' Response in Opposition by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Voss, Michael-John) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
73

Docket Text ORDER Re: 72 Consent Motion for Extension of Deadline to File Plaintiffs' Response in Opposition by Plaintiffs James Cody, et al.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on November 20, 2018. (SAA) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
74

Consent MOTION for Extension of: SECOND AMENDED CASE MANAGEMENT ORDER AND ADR REFERRAL ORDER DEADLINE by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Voss, Michael-John) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
75

Docket Text ORDER Re: 74 Consent Motion for Extension of: SECOND AMENDED CASE MANAGEMENT ORDER AND ADR REFERRAL ORDER DEADLINE by Plaintiffs James Cody, et al.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on November 21, 2018. (SAA) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER
76

MOTION to Withdraw by Defendant City of St. Louis. (Relys, H.) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER
77

Docket Text ORDER Re: 76 Motion to Withdraw by Defendant City of St. Louis; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on November 25, 2018. (SAA) (Entered: 11/25/2018)

Nov. 25, 2018

Nov. 25, 2018

PACER
78

MOTION for Extension of Time to Complete Discovery by Defendant City of St. Louis. (Attachments: # 1 Exhibit A (Plaintiffs' Fifth Request for Production))(Wheaton, Andrew) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
79

Docket Text ORDER Re: 78 Motion for Extension of Time to Complete Discovery by Defendant City of St. Louis; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on November 29, 2018. (SAA) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

PACER
80

MOTION to Withdraw as Attorney ;attorney/firm Nathaniel R. Carroll by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Carroll, Nathaniel) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

PACER
81

Docket Text ORDER Re: 80 Motion to Withdraw as Attorney; attorney/firm Nathaniel R. Carroll by Plaintiffs James Cody, et al.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on November 30, 2018. (SAA) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER
82

RESPONSE to Motion re 70 First MOTION to Bifurcate Discovery filed by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham, Interested Party Corizon Health, Inc. (Attachments: # 1 Exhibit Ex.1 Email dispute regarding Nov 7 Order Scope, # 2 Exhibit Ex. 2 Pl Email Suggesting 3rd Party ESI Vendor, # 3 Exhibit Ex. 3 Pl. Email confirming REJIS payment, # 4 Exhibit Ex. 4 Pl. Fifth RFP)(Atri, Sima) (Entered: 11/30/2018)

1 Exhibit Ex.1 Email dispute regarding Nov 7 Order Scope

View on PACER

2 Exhibit Ex. 2 Pl Email Suggesting 3rd Party ESI Vendor

View on PACER

3 Exhibit Ex. 3 Pl. Email confirming REJIS payment

View on PACER

4 Exhibit Ex. 4 Pl. Fifth RFP

View on PACER

Nov. 30, 2018

Nov. 30, 2018

RECAP
83

REPLY to Response to Motion re 70 First MOTION to Bifurcate Discovery filed by Defendant City of St. Louis. (Dierker, Robert) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
84

Joint MOTION for Protective Order by Defendant City of St. Louis. (Attachments: # 1 Text of Proposed Order Ex. A (Proposed Order))(Wheaton, Andrew) (Entered: 12/12/2018)

1 Text of Proposed Order Ex. A (Proposed Order)

View on PACER

Dec. 12, 2018

Dec. 12, 2018

RECAP
85

AGREED PROTECTIVE ORDER [SEE ORDER FOR COMPLETE DETAILS]. Signed by District Judge Audrey G. Fleissig on 12/13/2018. (KCB) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
86

MOTION for Extension of: TIME TO RESPOND TO DEFENDANTS FIRST SET OF INTERROGATORIES by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Voss, Michael-John) (Entered: 12/28/2018)

Dec. 28, 2018

Dec. 28, 2018

PACER
87

Docket Text ORDER Re: 86 Motion for Extension of: TIME TO RESPOND TO DEFENDANTS FIRST SET OF INTERROGATORIES by Plaintiffs James Cody, et al.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on December 31, 2018. (SAA) (Entered: 12/31/2018)

Dec. 31, 2018

Dec. 31, 2018

PACER
88

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Defendants Motion for Order Under Rule 23(d) to Limit Discovery is DENIED. ECF No. 70 . IT IS FURTHER ORDERED that the parties shall submit a joint proposal of amended case management order deadlines for the remaining issues in this litigation within seven (7) days of this Order. Signed by District Judge Audrey G. Fleissig on 01/16/2019. (KCB) (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

RECAP
89

ENTRY of Appearance by Kelly Lynn Camilleri for Defendant City of St. Louis. (Camilleri, Kelly) (Entered: 01/23/2019)

Jan. 23, 2019

Jan. 23, 2019

PACER
90

Consent MOTION to Amend/Correct 32 Docket Text Order,, Case Management Order by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham. (Atri, Sima) (Entered: 01/23/2019)

Jan. 23, 2019

Jan. 23, 2019

PACER
91

SECOND AMENDED CASE MANAGEMENT ORDER: [SEE ORDER FOR COMPLETE DETAILS.] (Discovery Completion due by 9/16/2019., ADR Future Reference 4/4/2019., Dispositive Motions due by 10/16/2019., Jury Trial set for 3/9/2020 09:00 AM in Courtroom 12S before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on 1/25/2019. (AFC) (Entered: 01/25/2019)

Jan. 25, 2019

Jan. 25, 2019

RECAP
92

MOTION to Withdraw as Attorney ;attorney/firm ArchCity Defenders by Plaintiff Vincent Grover. (Atri, Sima) (Entered: 02/12/2019)

Feb. 12, 2019

Feb. 12, 2019

RECAP
93

ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that Plaintiff Vincent Grover shall have until February 22, 2019 to show cause in writing why counsel should not be permitted to withdraw, and further, why this Plaintiff should not be removed as a putative class representative. This Plaintiff is cautioned that, if his counsel is permitted to withdraw and if he does not obtain new counsel, he will be expected to proceed in this litigation pro se. Further, if this Plaintiff is removed as a class representative, he may be permitted to pursue his individual claims but will not be permitted to pursue claims on behalf of the putative class. IT IS FURTHER ORDERED that on or before February 15, 2019, attorney Sima Atri shall (1) serve copies of her motion to withdraw and this Order on Plaintiff Vincent Grover, (2) file a notice with the Court advising of how service was provided, and (3) provide the Clerk of Court will full contact information for this Plaintiff. Signed by District Judge Audrey G. Fleissig on 2/13/2019. (CLO) (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

PACER
94

NOTICE Withdrawal to Vincent Grover: by Plaintiffs Jasmine Borden, James Cody, John Doe, Vincent Grover, Michael Mosley, John Roe, Diedre Wortham (Waldron, John) (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER

Order Receipt

March 5, 2019

March 5, 2019

PACER
95

ORDER IT IS HEREBY ORDERED that motion to withdraw is GRANTED. ECF No. 92 . IT IS FURTHER ORDERED that the Clerk of Court shall send a copy of this Order to Plaintiff Vincent Grover at the address provided by counsel (copy mailed to Vincent Grover). Signed by District Judge Audrey G. Fleissig on 3/5/19. (KXS) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

PACER

ORDER RECEIPT: (see receipt) Docket No: 95. Tue Mar 5 13:23:06 CST 2019 (Spurgeon, Katherine)

March 5, 2019

March 5, 2019

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Nov. 13, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A putative class of people incarcerated at St. Louis's Medium Security Institution between 2012 and 2018.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of St. Louis (St. Louis city), City

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Assault/abuse by staff

Bathing and hygiene

Conditions of confinement

Failure to supervise

Failure to train

Retaliation

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Crowding (General)

Disciplinary segregation