Case: Monroe v. Precythe

2:23-cv-04129 | U.S. District Court for the Western District of Missouri

Filed Date: June 27, 2023

Closed Date: July 18, 2025

Clearinghouse coding complete

Case Summary

This case involves an alleged discriminatory Missouri Department of Corrections policy that resulted in the prolonged solitary confinement of a transgender woman living with HIV.  On June 27, 2023, the Plaintiff, a formerly incarcerated transgender woman living with HIV, who was placed in solitary confinement for six years, filed this lawsuit in the Western District of Missouri. The case was assigned to District Judge Bryan C. Wimes. The Plaintiff sued several officials of the Missouri Departme…

This case involves an alleged discriminatory Missouri Department of Corrections policy that resulted in the prolonged solitary confinement of a transgender woman living with HIV.

 On June 27, 2023, the Plaintiff, a formerly incarcerated transgender woman living with HIV, who was placed in solitary confinement for six years, filed this lawsuit in the Western District of Missouri. The case was assigned to District Judge Bryan C. Wimes. The Plaintiff sued several officials of the Missouri Department of Corrections and Jefferson City Correctional Center under the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and 42 U.S.C. § 1983, alleging violations of the Eighth and Fourteenth Amendments of the United States Constitution. The Plaintiff was held in solitary confinement for six years between 2015 and 2021, while at the Jefferson City Correctional Center because of an alleged unconstitutional and discriminatory policy against people living with HIV. According to the complaint, the plaintiff was placed in prolonged solitary confinement because of her HIV status and was repeatedly denied meaningful review of her assignment to solitary confinement, despite the substantial risk of serious harm that she faced and despite the ongoing and documented damage to her physical and mental health. Represented by the Roderick and Solange MacArthur Justice Center, Lambda Legal Defense and Education Fund, and private counsel, the Plaintiff sought attorneys’ fees, compensatory, punitive, and nominal damages. The Plaintiff also sought declaratory relief and injunctive relief to permanently end enforcement of the alleged unconstitutional and discriminatory policies against incarcerated people living with HIV. 

On July 1, 2024, the Plaintiff filed an amended complaint. The amended complaint added three new defendants to the lawsuit, and replaced a key defendant. In the original complaint, Anne Precythe is listed as the Director of the Missouri Department of Corrections. The amended complaint replaces Precythe with Trevor Foley, noting he has been the acting Director of MODOC since Precythe’s retirement in December 2023. Additionally, the original complaint has one Due Process claim under the Fourteenth Amendment, and the new complaint divides the Due Process claim into two separate counts. The first count alleges that the defendants have a practice and policy of systematically denying meaningful review for all incarcerated people held in solitary confinement. The second count alleges that the defendants have a practice and policy of systematically denying meaningful review of solitary confinement assignment specifically for incarcerated people living with HIV. 

On July 15, 2024, the Defendants filed a partial motion to dismiss the first amended complaint. The Defendants moved to dismiss the Plaintiff’s claims for injunctive and declaratory relief, arguing that the claims were no longer relevant because the Plaintiff was released on parole in 2022 and was no longer incarcerated.

The Plaintiff passed away during the course of litigation. The Administratrix of the Plaintiff’s Estate was substituted as Plaintiff on February 26, 2025. The case was also referred to the Mediation and Assessment Program, the Western District of Missouri’s alternative dispute resolution program, for a session with the program director. 

 On March 3, 2025, District Judge Bryan C. Wimes granted Defendant’s partial motion to dismiss, dismissing plaintiff’s claims for injunctive relief as moot because the Plaintiff was no longer incarcerated, and stating the lawsuit would proceed only on Plaintiff’s claim for damages. Additionally, the court held that the Plaintiff’s claims for injunctive relief were moot on account of the Plaintiff’s death, since she could no longer be incarcerated in the future. 

The parties reached a settlement agreement on August 21, 2025. The settlement included several changes to MODOC’s policy. The agreement stipulated that MODOC remove discriminatory language that singles out people living with HIV for solitary confinement. The new policy requires an individualized assessment to be conducted in consultation with medical staff if solitary confinement is being considered due to an individual's communicable disease such as HIV. Further, the new policy requires mandatory training for certain MODOC Staff. The settlement also included monetary compensation to the Plaintiff’s estate. 

As a result of the settlement, District Judge Bryan C. Wimes ordered the dismissal of the case on July 18, 2025.  

Summary Authors

Claire Pollard (9/4/2025)

Skylar Parpan (10/13/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67532202/parties/monroe-v-precythe/


Judge(s)
Attorney for Plaintiff

Beach, Zachary Scott (Missouri)

Hackman, Jennifer Elaine (Missouri)

Attorney for Defendant

Dodge, Emily A. (Missouri)

Hawley, Luke A. (Missouri)

Herrera, Jordan J (Missouri)

show all people

Documents in the Clearinghouse

Document
1

2:23-cv-04129

Complaint

June 27, 2023

June 27, 2023

Complaint
66

2:23-cv-04129

First Amended Complaint

Roe v. Foley et al.

July 1, 2024

July 1, 2024

Complaint

Settlement in Landmark Solitary Confinement and HIV Discrimination Case Against Missouri Department of Corrections

No Court

Aug. 21, 2025

Aug. 21, 2025

Press Release

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67532202/monroe-v-precythe/

Last updated Sept. 29, 2025, 10 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by Shubra Ohri on behalf of Jane Roe. Filing fee $402, receipt number AMOWDC-8514454. Service due by 9/25/2023 unless otherwise directed by the court. (Attachments: # 1 Civil Cover Sheet)(Ohri, Shubra) (Entered: 06/27/2023)

1 Civil Cover Sheet

View on PACER

June 27, 2023

June 27, 2023

PACER
2

MOTION for order to Proceed Under Pseudonym and File True Name Under Seal filed by William Scott Walberg on behalf of Jane Roe. Suggestions in opposition/response due by 7/11/2023 unless otherwise directed by the court. (Attorney William Scott Walberg added to party Jane Roe(pty:pla))(Walberg, William) Modified on 7/14/2023: Docket motion event changed to allow for filing of order regarding this motion. NEF regenerated. (Melvin, Greg) (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

PACER
3

SUGGESTIONS in support re 2 MOTION to seal case to Proceed Under Pseudonym and File True Name Under Seal filed by William Scott Walberg on behalf of Plaintiff Jane Roe. (Related document(s) 2 ) (Walberg, William) (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

PACER
4

Motion to allow Jose Abrigo to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8515205) filed by Amy Elizabeth Breihan on behalf of Jane Roe. (Breihan, Amy) (Main Document 4 replaced on 6/27/2023 to reflect signed document) (Warren, Melissa). (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

PACER
5

Motion to allow Kell Olson to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8515247) filed by Amy Elizabeth Breihan on behalf of Jane Roe. (Breihan, Amy) (Main Document 5 replaced on 6/27/2023 to reflect signed document) (Warren, Melissa). (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

PACER
6

Motion to allow Richard Saenz to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8515274) filed by Amy Elizabeth Breihan on behalf of Jane Roe. (Attachments: # 1 Attachment A)(Breihan, Amy) (Main Document 6 replaced on 6/27/2023 to reflect signed document) (Warren, Melissa). (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

PACER
7

ORDER granting 4, 5, and 6 motion to appear pro hac vice entered by Clerk of Court. Attorney Jose Abrigo, Kell Olson, and Richard Saenz for Jane Roe allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa) (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

June 27, 2023

June 27, 2023

PACER

Summons Issued

June 27, 2023

June 27, 2023

PACER

SUMMONS ISSUED as to Michael Cahalin, Jay Cassady, Billy Dunbar, Alan Earls, Doris Falkenrath, Jason Hess, Stanley Keely, Scott Kintner, Justin Krantz, Noel Obi, Anne L. Precythe, and Elizabeth Thornton. Summons directed to plaintiff for service. (Warren, Melissa)

June 27, 2023

June 27, 2023

PACER
10

RETURN OF SERVICE of complaint executed by Jane Roe. Jay Cassady served on 7/5/2023, answer due 7/26/2023. (Walberg, William) Modified on 7/14/2023 to reflect correct docket event and set answer deadlines. NEF regenerated (Warren, Melissa). (Entered: 07/14/2023)

July 14, 2023

July 14, 2023

PACER
11

RETURN OF SERVICE of complaint executed by Jane Roe. Alan Earls served on 7/9/2023, answer due 7/30/2023. (Walberg, William) Modified on 7/14/2023 to reflect correct docket event and set answer deadlines. NEF regenerated (Warren, Melissa). (Entered: 07/14/2023)

July 14, 2023

July 14, 2023

PACER
12

ORDER granting 2 motion to Proceed Under Pseudonym and File True Name Under Seal. Plaintiff shall file her true name under seal within seven days of entry of this Order. Signed on July 14, 2023 by District Judge Brian C. Wimes. (Melvin, Greg) (Entered: 07/14/2023)

July 14, 2023

July 14, 2023

PACER
8

RETURN OF SERVICE of complaint executed by Jane Roe. Elizabeth Thornton served on 7/5/2023, answer due 7/26/2023. (Walberg, William) Modified on 7/14/2023 to reflect correct docket event and set answer deadlines. NEF regenerated (Warren, Melissa). (Entered: 07/14/2023)

July 14, 2023

July 14, 2023

PACER
9

RETURN OF SERVICE of complaint executed by Jane Roe. Scott Kintner served on 7/5/2023, answer due 7/26/2023. (Walberg, William) Modified on 7/14/2023 to reflect correct docket event and set answer deadlines. NEF regenerated (Warren, Melissa). (Entered: 07/14/2023)

July 14, 2023

July 14, 2023

PACER

Set/Reset Deadlines

July 14, 2023

July 14, 2023

PACER

Answer deadlines set for Jay Cassady on 7/26/2023; Alan Earls on 7/30/2026; Scott Kintner on 7/26/2023; and Elizabeth Thornton on 7/26/2023. (Warren, Melissa)

July 14, 2023

July 14, 2023

PACER
13

RETURN OF WAIVER OF SERVICE filed by Jane Roe. Waiver sent to Anne L. Precythe on 7/17/2023, answer due 9/15/2023. (Walberg, William) (Entered: 07/20/2023)

July 20, 2023

July 20, 2023

PACER
14

RETURN OF WAIVER OF SERVICE filed by Jane Roe. Waiver sent to Billy Dunbar on 7/17/2023, answer due 9/15/2023. (Walberg, William) (Entered: 07/20/2023)

July 20, 2023

July 20, 2023

PACER
15

RETURN OF WAIVER OF SERVICE filed by Jane Roe. Waiver sent to Doris Falkenrath on 7/17/2023, answer due 9/15/2023. (Walberg, William) (Entered: 07/20/2023)

July 20, 2023

July 20, 2023

PACER
16

RETURN OF WAIVER OF SERVICE filed by Jane Roe. Waiver sent to Jason Hess on 7/17/2023, answer due 9/15/2023. (Walberg, William) (Entered: 07/20/2023)

July 20, 2023

July 20, 2023

PACER
17

RETURN OF WAIVER OF SERVICE filed by Jane Roe. Waiver sent to Justin Krantz on 7/17/2023, answer due 9/15/2023. (Walberg, William) (Entered: 07/20/2023)

July 20, 2023

July 20, 2023

PACER
18

RETURN OF WAIVER OF SERVICE filed by Jane Roe. Waiver sent to Michael Cahalin on 7/17/2023, answer due 9/15/2023. (Walberg, William) (Entered: 07/20/2023)

July 20, 2023

July 20, 2023

PACER
19

RETURN OF WAIVER OF SERVICE filed by Jane Roe. Waiver sent to Noel Obi on 7/17/2023, answer due 9/15/2023. (Walberg, William) (Entered: 07/20/2023)

July 20, 2023

July 20, 2023

PACER
20

RETURN OF WAIVER OF SERVICE filed by Jane Roe. Waiver sent to Stanley Keely on 7/17/2023, answer due 9/15/2023. (Walberg, William) (Entered: 07/20/2023)

July 20, 2023

July 20, 2023

PACER
21

NOTICE of appearance by Emily A. Dodge on behalf of Michael Cahalin, Billy Dunbar, Doris Falkenrath, Jason Hess, Stanley Keely, Justin Krantz, Noel Obi, Anne L. Precythe, Elizabeth Thornton (Attorney Emily A. Dodge added to party Michael Cahalin(pty:dft), Attorney Emily A. Dodge added to party Billy Dunbar(pty:dft), Attorney Emily A. Dodge added to party Doris Falkenrath(pty:dft), Attorney Emily A. Dodge added to party Jason Hess(pty:dft), Attorney Emily A. Dodge added to party Stanley Keely(pty:dft), Attorney Emily A. Dodge added to party Justin Krantz(pty:dft), Attorney Emily A. Dodge added to party Noel Obi(pty:dft), Attorney Emily A. Dodge added to party Anne L. Precythe(pty:dft), Attorney Emily A. Dodge added to party Elizabeth Thornton(pty:dft))(Dodge, Emily) (Entered: 07/20/2023)

July 20, 2023

July 20, 2023

PACER
22

NOTICE (SEALED) by Jane Roe (Walberg, William) (Entered: 07/20/2023)

July 20, 2023

July 20, 2023

PACER
23

NOTICE of appearance by Emily A. Dodge on behalf of Jay Cassady, Alan Earls, Scott Kintner (Attorney Emily A. Dodge added to party Jay Cassady(pty:dft), Attorney Emily A. Dodge added to party Alan Earls(pty:dft), Attorney Emily A. Dodge added to party Scott Kintner(pty:dft))(Dodge, Emily) (Entered: 07/24/2023)

July 24, 2023

July 24, 2023

PACER
24

Consent MOTION for extension of time to file response/reply filed by Emily A. Dodge on behalf of Jay Cassady, Alan Earls, Scott Kintner, Elizabeth Thornton. Suggestions in opposition/response due by 8/7/2023 unless otherwise directed by the court. (Dodge, Emily) (Entered: 07/24/2023)

July 24, 2023

July 24, 2023

PACER
25

ORDERED Defendants Cassady, Earls, Kintner, and Thorntons consent motion for extension of time to respond to the complaint (Doc. #24) is GRANTED. Defendants Cassady, Earls, Kintner, and Thornton shall respond to the complaint on or before September 15, 2023. Signed on 7/25/23 by District Judge Brian C. Wimes. (Diefenbach, Tracy) (Entered: 07/25/2023)

July 25, 2023

July 25, 2023

PACER
26

Defendants ANSWER to 1 Complaint, with Jury Demand on behalf of Michael Cahalin, Jay Cassady, Billy Dunbar, Alan Earls, Doris Falkenrath, Jason Hess, Stanley Keely, Scott Kintner, Justin Krantz, Noel Obi, Anne L. Precythe, Elizabeth Thornton.(Dodge, Emily) (Entered: 09/15/2023)

Sept. 15, 2023

Sept. 15, 2023

RECAP
27

RULE 16 NOTICE. Proposed scheduling order due by 11/1/2023. Scheduling Conference set for 11/15/2023 02:00 PM by telephone before District Judge Brian C. Wimes. Signed on 9/18/23 by District Judge Brian C. Wimes. (Diefenbach, Tracy) (Entered: 09/18/2023)

Sept. 18, 2023

Sept. 18, 2023

PACER
28

Joint PROPOSED SCHEDULING ORDER by Jane Roe. (Saenz, Richard) (Entered: 11/01/2023)

Nov. 1, 2023

Nov. 1, 2023

PACER
29

SCHEDULING ORDER: Discovery due by 9/25/2024. Dispositive Motions due by 10/25/2024. Pretrial Conference set for 3/5/2025 01:30 PM by telephone before District Judge Brian C. Wimes. Jury Trial set for 4/7/2025 09:00 AM in Courtroom 4B, Jefferson City (VDJJC) before District Judge Brian C. Wimes. Signed on 11/7/23 by District Judge Brian C. Wimes. (Diefenbach, Tracy) (Entered: 11/07/2023)

Nov. 7, 2023

Nov. 7, 2023

PACER

Notice of Hearing Cancellation

Nov. 7, 2023

Nov. 7, 2023

PACER

NOTICE OF HEARING CANCELLATION - The Scheduling Conference scheduled for 11/15/2023 02:00 PM has been cancelled. A scheduling order will be entered. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)

Nov. 7, 2023

Nov. 7, 2023

PACER
30

MOTION for leave to file Amended Answer filed by Emily A. Dodge on behalf of Michael Cahalin, Jay Cassady, Billy Dunbar, Alan Earls, Doris Falkenrath, Jason Hess, Stanley Keely, Scott Kintner, Justin Krantz, Noel Obi, Anne L. Precythe, Elizabeth Thornton. Suggestions in opposition/response due by 11/28/2023 unless otherwise directed by the court. (Dodge, Emily) (Additional attachment(s) added on 11/14/2023: # 1 Exhibit A per request of attorney. NEF regenerated.) (Warren, Melissa). (Entered: 11/14/2023)

1 Exhibit A

View on PACER

Nov. 14, 2023

Nov. 14, 2023

PACER
31

SUGGESTIONS in support re 30 MOTION for leave to file Amended Answer filed by Emily A. Dodge on behalf of Defendants Michael Cahalin, Jay Cassady, Billy Dunbar, Alan Earls, Doris Falkenrath, Jason Hess, Stanley Keely, Scott Kintner, Justin Krantz, Noel Obi, Anne L. Precythe, Elizabeth Thornton. (Related document(s) 30 ) (Dodge, Emily) (Entered: 11/14/2023)

Nov. 14, 2023

Nov. 14, 2023

PACER
32

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Amy Elizabeth Breihan on behalf of Plaintiff Jane Roe.(Breihan, Amy) (Entered: 11/14/2023)

Nov. 14, 2023

Nov. 14, 2023

PACER
33

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Emily A. Dodge on behalf of Defendants Michael Cahalin, Jay Cassady, Billy Dunbar, Alan Earls, Doris Falkenrath, Jason Hess, Stanley Keely, Scott Kintner, Justin Krantz, Noel Obi, Anne L. Precythe, Elizabeth Thornton.(Dodge, Emily) (Entered: 11/14/2023)

Nov. 14, 2023

Nov. 14, 2023

PACER
34

ORDER granting 30 Defendants' motion for leave to file amended answer. With no opposition filed from Plaintiff, Defendants shall file their amended answer as a separate electronic docket entry within three days of entry of this Order. This is a TEXT ONLY ENTRY. No document is attached. (Entered: 11/29/2023)

Nov. 29, 2023

Nov. 29, 2023

PACER

Order on Motion for Leave to File

Nov. 29, 2023

Nov. 29, 2023

PACER
35

AMENDED ANSWER to 1 Complaint, filed by Emily A. Dodge on behalf of Defendants Michael Cahalin, Jay Cassady, Billy Dunbar, Alan Earls, Doris Falkenrath, Jason Hess, Stanley Keely, Scott Kintner, Justin Krantz, Noel Obi, Anne L. Precythe, Elizabeth Thornton. (Related document(s) 1 ) (Dodge, Emily) (Entered: 12/04/2023)

Dec. 4, 2023

Dec. 4, 2023

PACER
36

MOTION to substitute party filed by Emily A. Dodge on behalf of Anne L. Precythe. Suggestions in opposition/response due by 2/15/2024 unless otherwise directed by the court. (Dodge, Emily) (Entered: 02/01/2024)

Feb. 1, 2024

Feb. 1, 2024

PACER
37

MOTION for protective order Joint Motion For Stipulated Protective Order filed by William Scott Walberg on behalf of Jane Roe. Suggestions in opposition/response due by 2/15/2024 unless otherwise directed by the court. (Attachments: # 1 Exhibit [Proposed] Stipulated Protective Order- This document has been deleted. )(Walberg, William) Modified on 2/2/2024 (Lock, Tania). (Entered: 02/01/2024)

Feb. 1, 2024

Feb. 1, 2024

PACER

Notice of docket modification

Feb. 2, 2024

Feb. 2, 2024

PACER

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 02/01/2024 as Document No. 37-1, Proposed Stipulated Protective Order. The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. This is a text entry only - no document is attached. (Lock, Tania)

Feb. 2, 2024

Feb. 2, 2024

PACER
38

ORDERED Defendants' motion to substitute party. (Doc. #36) is GRANTED. The record shall reflect Anne Precythe is no longer a defendant in this case and has been substituted for Trevor Foley. Signed on 2/5/24 by District Judge Brian C Wimes. (Diefenbach, Tracy) (Entered: 02/05/2024)

Feb. 5, 2024

Feb. 5, 2024

PACER
39

PROTECTIVE ORDER. Signed on 2/5/24 by District Judge Brian C Wimes. (Diefenbach, Tracy) (Entered: 02/05/2024)

Feb. 5, 2024

Feb. 5, 2024

PACER
40

First MOTION to produce Requests For Production Of Documents To All Defendants filed by William Scott Walberg on behalf of All Plaintiffs. Suggestions in opposition/response due by 3/12/2024 unless otherwise directed by the court. (Walberg, William) (Entered: 02/27/2024)

Feb. 27, 2024

Feb. 27, 2024

PACER

Produce

Feb. 27, 2024

Feb. 27, 2024

PACER
41

CERTIFICATE OF SERVICE by All Plaintiffs of Plaintiff's First Set Of Requests For Production Of Documents To All Defendants filed by William Scott Walberg on behalf of Plaintiff Jane Roe.(Walberg, William) (Entered: 02/28/2024)

Feb. 28, 2024

Feb. 28, 2024

RECAP

Notice of docket modification

Feb. 28, 2024

Feb. 28, 2024

PACER

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 2/27/2024 as Document No. 40, Plaintiff's First Set of Requests for Production of Documents to all Defendants. The document has been deleted as the incorrect document was filed. Counsel will refile the correct document. This is a text entry only - no document is attached. (Crocker, Susan)

Feb. 28, 2024

Feb. 28, 2024

PACER
42

ORDER withdrawing 40 Plaintiff's motion to produce Request for Production of Documents to all Defendants. Plaintiff has already refiled the correct document in a separate docket entry. This is a TEXT ONLY ENTRY. No document is attached. (Entered: 03/18/2024)

March 18, 2024

March 18, 2024

PACER

Order on Motion to Produce

March 18, 2024

March 18, 2024

PACER
43

CERTIFICATE OF SERVICE by All Plaintiffs First Set Of Interrogatories To All Defendants filed by William Scott Walberg on behalf of Plaintiff Jane Roe.(Walberg, William) (Entered: 03/26/2024)

March 26, 2024

March 26, 2024

PACER
44

CERTIFICATE OF SERVICE by All Defendants Defendants' Responses to Plaintiff's First Set of Requests for Production of Documents to All Defendants filed by Emily A. Dodge on behalf of Defendants Michael Cahalin, Jay Cassady, Billy Dunbar, Alan Earls, Doris Falkenrath, Trevor Foley, Jason Hess, Stanley Keely, Scott Kintner, Justin Krantz, Noel Obi, Anne L. Precythe, Elizabeth Thornton.(Dodge, Emily) (Entered: 03/28/2024)

March 28, 2024

March 28, 2024

PACER
45

CERTIFICATE OF SERVICE by All Plaintiffs Of Plaintiffs Notices Of Deposition Of Certain Defendants filed by William Scott Walberg on behalf of Plaintiff Jane Roe.(Walberg, William) (Entered: 04/23/2024)

April 23, 2024

April 23, 2024

PACER
46

CERTIFICATE OF SERVICE by Michael Cahalin, Alan Earls, Doris Falkenrath, Trevor Foley, Jason Hess, Scott Kintner, Justin Krantz, Noel Obi filed by Emily A. Dodge on behalf of Defendants Michael Cahalin, Alan Earls, Doris Falkenrath, Trevor Foley, Jason Hess, Scott Kintner, Justin Krantz, Noel Obi.(Dodge, Emily) (Entered: 04/26/2024)

April 26, 2024

April 26, 2024

PACER
47

CERTIFICATE OF SERVICE by Billy Dunbar, Stanley Keely, Elizabeth Thornton filed by Emily A. Dodge on behalf of Defendants Billy Dunbar, Stanley Keely, Elizabeth Thornton.(Dodge, Emily) (Entered: 04/26/2024)

April 26, 2024

April 26, 2024

PACER
48

Joint MOTION to amend/correct Scheduling And Jury Trial Order, And To Continue Trial Date filed by William Scott Walberg on behalf of All Plaintiffs. Suggestions in opposition/response due by 5/20/2024 unless otherwise directed by the court. (Attachments: # 1 Exhibit Proposed Amended Scheduling And Jury Trial Order)(Walberg, William) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
49

CERTIFICATE OF SERVICE by All Plaintiffs Notice of Cancellation of the Deposition of Doris Falkenrath, In Her Official Capacity As Warden of Jefferson City Correctional Center (JCCC) filed by William Scott Walberg on behalf of Plaintiff Jane Roe.(Walberg, William) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

RECAP
50

CERTIFICATE OF SERVICE by All Plaintiffs Of Plaintiffs Notice Of Deposition Of Scott Kintner filed by William Scott Walberg on behalf of Plaintiff Jane Roe.(Walberg, William) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
51

CERTIFICATE OF SERVICE by All Plaintiffs filed by William Scott Walberg on behalf of Plaintiff Jane Roe.(Walberg, William) (Entered: 05/08/2024)

May 8, 2024

May 8, 2024

PACER
52

CERTIFICATE OF SERVICE by All Plaintiffs filed by William Scott Walberg on behalf of Plaintiff Jane Roe.(Walberg, William) (Entered: 05/09/2024)

May 9, 2024

May 9, 2024

PACER
53

CERTIFICATE OF SERVICE by Jay Cassady filed by Emily A. Dodge on behalf of Defendant Jay Cassady.(Dodge, Emily) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

PACER
54

CERTIFICATE OF SERVICE by All Plaintiffs filed by William Scott Walberg on behalf of Plaintiff Jane Roe.(Walberg, William) (Entered: 05/16/2024)

May 16, 2024

May 16, 2024

PACER
55

NOTICE of appearance by Zachary Scott Beach on behalf of Jane Roe (Attorney Zachary Scott Beach added to party Jane Roe(pty:pla))(Beach, Zachary) (Entered: 05/16/2024)

May 16, 2024

May 16, 2024

PACER
56

NOTICE of appearance by Jacob Holland on behalf of Jane Roe (Attorney Jacob Holland added to party Jane Roe(pty:pla))(Holland, Jacob) (Entered: 05/22/2024)

May 22, 2024

May 22, 2024

PACER
57

CERTIFICATE OF SERVICE by Jane Roe of Plaintiff's Second Set of Written Discovery Requests to Defendant Trevor Foley, In His Official Capacity as Director of the Missouri Department of Corrections filed by William Scott Walberg on behalf of Plaintiff Jane Roe.(Walberg, William) (Entered: 05/24/2024)

May 24, 2024

May 24, 2024

PACER
58

NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephone Conference set for 6/5/2024 09:00 AM before District Judge Brian C Wimes. (Diefenbach, Tracy) Conference call information emailed to counsel. (Entered: 05/30/2024)

May 30, 2024

May 30, 2024

PACER
59

NOTICE of appearance by Gregory K. Wu on behalf of Jane Roe (Attorney Gregory K. Wu added to party Jane Roe(pty:pla))(Wu, Gregory) (Entered: 06/04/2024)

June 4, 2024

June 4, 2024

PACER
60

Before the Court is the parties' Joint Motion to amend scheduling order, and to continue trial date. (Doc. #48). The Court, being duly advised of the premises, grants said motion as follows:Discovery due by 12/12/2024. Dispositive Motions and Daubert Motions due by 2/7/2025.Plaintiff shall designate any expert witness it intends to call at trial on or before August 1, 2024. Defendants shall designate any expert witness they intend to call at trial on or before October 3, 2024. Rebuttal expert witness, if any, shall be designated on or before October 31, 2024. Pretrial Conference set for 7/1/2025 02:30 PM Chambers by telephone before District Judge Brian C Wimes. Jury Trial set for 8/4/2025 09:00 AM in Courtroom 4B, Jefferson City (VDJJC) before District Judge Brian C Wimes. Signed on 6/5/24 by District Judge Brian C Wimes. (Diefenbach, Tracy) (Entered: 06/05/2024)

June 5, 2024

June 5, 2024

PACER

Notice of Hearing Cancellation

June 5, 2024

June 5, 2024

PACER

NOTICE OF HEARING CANCELLATION - The Telephone Conference scheduled for 6/5/2024 09:00 AM has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)

June 5, 2024

June 5, 2024

PACER
61

First MOTION to amend/correct 1 Complaint, filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. Suggestions in opposition/response due by 6/20/2024 unless otherwise directed by the court. (Attachments: # 1 Exhibit A (Proposed First Amended Complaint))(Related document(s) 1 ) (Breihan, Amy) (Entered: 06/06/2024)

June 6, 2024

June 6, 2024

PACER
62

CERTIFICATE OF SERVICE by All Plaintiffs Plaintiff filed by William Scott Walberg on behalf of Plaintiff Jane Roe.(Walberg, William) (Entered: 06/17/2024)

June 17, 2024

June 17, 2024

PACER
63

CERTIFICATE OF SERVICE by All Plaintiffs Plaintiff filed by William Scott Walberg on behalf of Plaintiff Jane Roe.(Walberg, William) (Entered: 06/21/2024)

June 21, 2024

June 21, 2024

PACER
64

CERTIFICATE OF SERVICE by Trevor Foley filed by Emily A. Dodge on behalf of Defendant Trevor Foley.(Dodge, Emily) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
65

ORDER granting 61 Plaintiff's motion for leave to file First Amended Complaint. Plaintiff shall file her First Amended Complaint as a separate electronic docket on or before July 1, 2024. This is a TEXT ONLY ENTRY. No document is attached. (Entered: 06/27/2024)

June 27, 2024

June 27, 2024

PACER

Order on Motion to Amend/Correct

June 27, 2024

June 27, 2024

PACER
66

AMENDED COMPLAINT against All Defendants filed by Amy Elizabeth Breihan on behalf of Jane Roe.(Breihan, Amy) (Entered: 07/01/2024)

July 1, 2024

July 1, 2024

Clearinghouse

Summons Issued

July 1, 2024

July 1, 2024

PACER

SUMMONS ISSUED as to John Doe, Dwayne Kemper, and Jason Lewis. Summons directed to plaintiff for service. (Warren, Melissa)

July 1, 2024

July 1, 2024

PACER
67

NOTICE of appearance by Luke A. Hawley on behalf of Michael Cahalin, Billy Dunbar, Doris Falkenrath, Jason Hess, Stanley Keely, Justin Krantz, Noel Obi, Anne L. Precythe, Elizabeth Thornton (Attorney Luke A. Hawley added to party Michael Cahalin(pty:dft), Attorney Luke A. Hawley added to party Billy Dunbar(pty:dft), Attorney Luke A. Hawley added to party Doris Falkenrath(pty:dft), Attorney Luke A. Hawley added to party Jason Hess(pty:dft), Attorney Luke A. Hawley added to party Stanley Keely(pty:dft), Attorney Luke A. Hawley added to party Justin Krantz(pty:dft), Attorney Luke A. Hawley added to party Noel Obi(pty:dft), Attorney Luke A. Hawley added to party Anne L. Precythe(pty:dft), Attorney Luke A. Hawley added to party Elizabeth Thornton(pty:dft))(Hawley, Luke) (Entered: 07/02/2024)

July 2, 2024

July 2, 2024

PACER
68

CERTIFICATE OF SERVICE by Trevor Foley filed by Emily A. Dodge on behalf of Defendant Trevor Foley.(Dodge, Emily) (Entered: 07/03/2024)

July 3, 2024

July 3, 2024

PACER
69

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Partial Motion to Dismiss Plaintiff's First Amended Complaint filed by Emily A. Dodge on behalf of Michael Cahalin, Jay Cassady, Billy Dunbar, Alan Earls, Doris Falkenrath, Trevor Foley, Jason Hess, Stanley Keely, Scott Kintner, Justin Krantz, Noel Obi, Elizabeth Thornton. Suggestions in opposition/response due by 7/29/2024 unless otherwise directed by the court. (Dodge, Emily) (Entered: 07/15/2024)

July 15, 2024

July 15, 2024

RECAP
70

SUGGESTIONS in support re 69 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Partial Motion to Dismiss Plaintiff's First Amended Complaint filed by Emily A. Dodge on behalf of Defendants Michael Cahalin, Jay Cassady, Billy Dunbar, Alan Earls, Doris Falkenrath, Trevor Foley, Jason Hess, Stanley Keely, Scott Kintner, Justin Krantz, Noel Obi, Elizabeth Thornton. (Related document(s) 69 ) (Dodge, Emily) (Entered: 07/15/2024)

July 15, 2024

July 15, 2024

PACER
71

ANSWER to 66 Amended Complaint on behalf of Michael Cahalin, Jay Cassady, Billy Dunbar, Alan Earls, Doris Falkenrath, Trevor Foley, Jason Hess, Stanley Keely, Scott Kintner, Justin Krantz, Noel Obi, Elizabeth Thornton.(Dodge, Emily) (Entered: 07/15/2024)

July 15, 2024

July 15, 2024

PACER
72

CERTIFICATE OF SERVICE by Trevor Foley filed by Emily A. Dodge on behalf of Defendant Trevor Foley.(Dodge, Emily) (Entered: 07/17/2024)

July 17, 2024

July 17, 2024

PACER
73

CERTIFICATE OF SERVICE by Jane Roe Certificate Of Service Of Plaintiffs Third Set Of Written Discovery Requests To Defendant Trevor Foley, In His Official Capacity As Director Of The Missouri Department Of Corrections filed by William Scott Walberg on behalf of Plaintiff Jane Roe.(Walberg, William) (Entered: 07/19/2024)

July 19, 2024

July 19, 2024

PACER
74

CERTIFICATE OF SERVICE by Jane Roe Certificate Of Service Of Plaintiffs Notice Of Continued Rule 30(B)(6) Deposition Duces Tecum Of The Missouri Department Of Corrections filed by William Scott Walberg on behalf of Plaintiff Jane Roe.(Walberg, William) (Entered: 07/19/2024)

July 19, 2024

July 19, 2024

PACER
75

NOTICE of filing Plaintiff's Notice of Continued Rule 30(b)(6) Deposition Duces Tecum of the Missouri Department of Corrections by Jane Roe (Walberg, William) (Entered: 07/19/2024)

July 19, 2024

July 19, 2024

PACER
76

CERTIFICATE OF SERVICE by Michael Cahalin, Jay Cassady, Billy Dunbar, Alan Earls, Doris Falkenrath, Trevor Foley, Jason Hess, Stanley Keely, Scott Kintner, Justin Krantz, Noel Obi, Elizabeth Thornton filed by Luke A. Hawley on behalf of Defendants Michael Cahalin, Jay Cassady, Billy Dunbar, Alan Earls, Doris Falkenrath, Trevor Foley, Jason Hess, Stanley Keely, Scott Kintner, Justin Krantz, Noel Obi, Elizabeth Thornton.(Attorney Luke A. Hawley added to party Jay Cassady(pty:dft), Attorney Luke A. Hawley added to party Alan Earls(pty:dft), Attorney Luke A. Hawley added to party Trevor Foley(pty:dft), Attorney Luke A. Hawley added to party Scott Kintner(pty:dft))(Hawley, Luke) (Entered: 07/24/2024)

July 24, 2024

July 24, 2024

PACER
77

CERTIFICATE OF SERVICE by All Plaintiffs filed by William Scott Walberg on behalf of Plaintiff Jane Roe.(Walberg, William) (Entered: 07/29/2024)

July 29, 2024

July 29, 2024

PACER
78

SUGGESTIONS in opposition re 69 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Partial Motion to Dismiss Plaintiff's First Amended Complaint filed by Kell L Olson on behalf of Plaintiff Jane Roe. Reply suggestions due by 8/12/2024 unless otherwise directed by the court. (Related document(s) 69 ) (Olson, Kell) (Entered: 07/29/2024)

July 29, 2024

July 29, 2024

PACER
79

CERTIFICATE OF SERVICE by All Plaintiffs filed by William Scott Walberg on behalf of Plaintiff Jane Roe.(Walberg, William) (Entered: 07/29/2024)

July 29, 2024

July 29, 2024

PACER
80

CERTIFICATE OF SERVICE by Billy Dunbar, Scott Kintner, Justin Krantz filed by Emily A. Dodge on behalf of Defendants Billy Dunbar, Scott Kintner, Justin Krantz.(Dodge, Emily) (Entered: 07/31/2024)

July 31, 2024

July 31, 2024

PACER
81

CERTIFICATE OF SERVICE by All Plaintiffs of Plaintiff's Expert Witness Disclosure and Reports filed by William Scott Walberg on behalf of Plaintiff Jane Roe.(Walberg, William) (Entered: 08/01/2024)

Aug. 1, 2024

Aug. 1, 2024

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Jail Conditions

Disability Rights

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Solitary confinement

Key Dates

Filing Date: June 27, 2023

Closing Date: July 18, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a formerly incarcerated transgender woman living with HIV, put in solitary confinement for over six years between 2015 and 2021, while held at the Jefferson City Correctional Center (JCCC).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MacArthur Justice Center

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

Defendant Type(s):

Jurisdiction-wide

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Conditions of confinement

Pattern or Practice

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Prison Rape Elimination Act

Sexual abuse by residents/inmates

LGBTQ+:

Transgender: IDs

Medical/Mental Health Care:

HIV/AIDS