Case: Prye v. Blunt

2:04-cv-04248 | U.S. District Court for the Western District of Missouri

Filed Date: Oct. 8, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

During 2003, a law professor residing in Illinois developed a mental illness. Due to this illness, a state court appointed the Office of State Guardian as guardian of his person and, in 2004, of his estate. He moved to Missouri, where a petition was soon filed to appoint a guardian for him. The guardianship in Illinois did not affect his eligibility to vote while residing there, but the guardianship adjudication had a different, prohibitive impact on his voting rights in Missouri. Thus, in …

During 2003, a law professor residing in Illinois developed a mental illness. Due to this illness, a state court appointed the Office of State Guardian as guardian of his person and, in 2004, of his estate. He moved to Missouri, where a petition was soon filed to appoint a guardian for him. The guardianship in Illinois did not affect his eligibility to vote while residing there, but the guardianship adjudication had a different, prohibitive impact on his voting rights in Missouri. Thus, in October 2004, the former professor, as plaintiff and by the Office of State Guardian, filed a civil complaint in the U.S. District Court for the Western District of Missouri, naming as defendants Missouri's governor, attorney general, and several city election officials. The plaintiff alleged that, previously, he had been adjudged mentally incapacitated and appointed a guardian and, presently, would like to register to vote for, and to vote in, upcoming elections. Missouri, however, had a constitutional provision and a statute that barred incapacitated persons and those under guardianship from registering to vote and from voting. Alleging that these state laws denied him his fundamental right to vote and violated his rights under the Fourteenth Amendment's due process and equal protection clauses, as well as statutory (and related regulatory) rights under the Americans with Disabilities Act, 42 U.S.C § 12131 et seq., and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, the plaintiff sought declaratory and injunctive relief, as well as attorneys fees and costs. Numerous attorneys represented the plaintiff, including those from Illinois' Guardianship and Advocacy Commission, the Bazelon Center for Mental Health Law, the ACLU National Voting Rights Project, and the ACLU of Eastern Missouri.

The plaintiff's motion for a preliminary injunction was denied in an unpublished opinion by District Judge Ortrie Smith on October 26, 2004. The judge ruled that it would be inappropriate to issue injunctive relief when the plaintiff had other means of protecting his voting rights, such as seeking in state court proceedings that any guardianship order applicable to him be limited in a way that allowed for him to vote.

In December 2004, an amended complaint was filed. It made essentially the same attacks upon the state's limitations on voting eligibility, but added two additional individual plaintiffs under guardianship orders and one associational plaintiff, the Missouri Protection and Advocacy Services, Inc. ("MOPAS"). It also added another federal constitutional claim, alleging that the full faith and credit clause was violated by Missouri's law, since deprivation of voting rights occurred in Missouri based upon an Illinois adjudication that did not expressly deprive one of voting rights.

Also in December 2004, the Missouri probate court acted upon the petition for appointment of a guardian for the original plaintiff. In an unpublished ruling, Circuit Judge Joan Moriarty found that the Illinois guardianship order had no extraterritorial effect and that the Illinois guardian had exceeded its authority in moving the plaintiff to a Missouri psychiatric facility. The judge directed that the Illinois guardian move the plaintiff to an Illinois facility. The probate court's ruling, however, was reversed on appeal eight months later. Appellate Judge Gary M. Gaertner, Sr., writing for a panel of the Missouri Court of Appeals, found that the Illinois guardianship order was entitled to recognition and enforcement under the federal constitution's full faith and credit clause, particularly given Missouri statutes that reflected a willingness to recognize guardianship judgments without regard to the location of the guardian or the ward. Thus, the Illinois guardian had acted appropriately in moving the plaintiff to Missouri. That the ward had been moved back to Illinois did not fully moot the case, according to the appellate panel, due to the significance of the lower court's erroneous ruling. In re Prye, 168 S.W.3d 116 (Mo. App. 2005).

The federal case proceeded, in the meantime, and the parties filed cross-motions for summary judgment. These were ruled upon by Judge Smith on July 7, 2006, in an unpublished order. By this time, two of the individual plaintiffs had been dismissed from the case at their request (including the original plaintiff), leaving MOPAS and a plaintiff under a Missouri guardianship order as the challengers to the Missouri laws. Judge Smith first decided that the election board's recent issuance of a voter registration card to the individual plaintiff did not moot the case, because the defendants had not met their burden of showing the permanence of their voluntary cessation of the alleged wrongful conduct. Next, he ruled that the state's use of a guardianship scheme that required individualized determination of a person's abilities and limitations sufficiently allowed for differentiating those who are qualified to vote from those who are not and, so, did not violate the federal constitution or statutes. Additionally, the opportunity for review and modification of state guardianship orders gave wards recourse to protect their interests in voting. Accordingly, Judge Smith granted the defendants' motion for summary judgment.

Plaintiffs appealed to the U.S. Court of Appeals for the Eighth Circuit. On August 23, 2007, that court affirmed the district court, although on somewhat different grounds. In an opinion by Circuit Judge James B. Loken, the court rejected the state's assertion of the Eleventh Amendment as a bar to suit against the state officials, since the named state defendants had "some connection" to enforcement of the allegedly unconstitutional law. The state's arguments fared better, however, on the merits. Judge Loken noted that the state guardianship scheme did not categorically disenfranchise persons under full guardianship, since the state's courts retained authority to preserve a ward's right to vote in accordance with the state's statutory mandate to minimize deprivation of a ward's liberty. Thus, the state law did not deny equal protection or federal statutory rights, given the law's lack of a categorical bar to voting. Further, the court ruled that the advocacy group plaintiff (MOPAS) lacked standing to bring suit on behalf of mere constituents, who lacked the active relationship to the organization that exists when membership exists. Without participation by a ward who had been denied the right to vote because a guardian was appointed for reasons other than mental incapacity, MOPAS' assertion of the rights of such a hypothetical plaintiff was "too abstract," according to Judge Loken, who saw MOPAS as asking for an impermissible advisory opinion. Missouri Protection and Advocacy Services, Inc., v. Carnahan, 499 F.3d 803 (8th Cir. 2007).

Likewise, the remaining individual plaintiff could not prevail, since his local election board had denied him the right to vote in error, not noting that his guardianship order expressly allowed him to retain that right. The board, noting the error after he had been added to the case as a plaintiff, issued him a voter registration card. This made his pending claim for injunctive relief moot, as there was no reasonable expectation that the earlier error would be repeated. Further, he had no standing to assert the rights of others and had not been injured by the alleged flaws in the Missouri voting laws, since his voting rights had been preserved in the guardianship order. Id.

Efforts to seek rehearing and rehearing en banc were denied on October 18, 2007. After the appellate ruling in favor of the defendants became final, no further material activity occurred in this case.

The case is now closed.

Summary Authors

Mike Fagan (6/16/2008)

Mackenzie Walz (10/18/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4300956/parties/prye-v-blunt/


Judge(s)

Gaertner, Gary Sr. (Missouri)

Gruender, Raymond W. (Missouri)

Loken, James B. (Minnesota)

O'Connor, Sandra Day (District of Columbia)

Smith, Ortrie D. (Missouri)

Attorneys(s) for Plaintiff

Bagenstos, Samuel R. (Missouri)

Barkoff, Alison (District of Columbia)

Bradley, Neil T. (Georgia)

Burnim, Ira Abraham (District of Columbia)

Felakos, James G. (Missouri)

Judge(s)

Gaertner, Gary Sr. (Missouri)

Gruender, Raymond W. (Missouri)

Loken, James B. (Minnesota)

O'Connor, Sandra Day (District of Columbia)

Smith, Ortrie D. (Missouri)

Attorneys(s) for Plaintiff

Bagenstos, Samuel R. (Missouri)

Barkoff, Alison (District of Columbia)

Bradley, Neil T. (Georgia)

Burnim, Ira Abraham (District of Columbia)

Felakos, James G. (Missouri)

Finkelstein, Michael H. (Missouri)

Hale, David E. (Missouri)

Kirkland, James Michael (Missouri)

Lieberman, Denise D. (Missouri)

Mathis, Jennifer (District of Columbia)

McAdams, James R. (Missouri)

Plesko, Jeffrey M. (Illinois)

Raymond, David B. (Missouri)

Rothert, Anthony [Tony] E. (Missouri)

Wank, John H. (Illinois)

Wolf, Ferne P. (Missouri)

Attorneys(s) for Defendant

Curtis, Woodie J. (Missouri)

Millin, F. Russell (Missouri)

Nixon, Jeremiah (Jay) W. (Missouri)

Pritchett, Michael (Missouri)

Tate, Rufus J. Jr. (Missouri)

Other Attorney(s)

Harrington, Sarah E. (District of Columbia)

Documents in the Clearinghouse

Document

2:04-cv-04248

Docket (PACER)

Oct. 26, 2007

Oct. 26, 2007

Docket
1

2:04-cv-04248

Complaint

Oct. 8, 2004

Oct. 8, 2004

Complaint
37

2:04-cv-04248

Order Denying Plaintiffs’ Motion For Preliminary Injunction

Oct. 26, 2004

Oct. 26, 2004

Order/Opinion

2:04-cv-04248

First Amended Complaint for Declarative and Injunctive Relief

Dec. 6, 2004

Dec. 6, 2004

Complaint
54

2:04-cv-04248

First Amended Complaint for Declarative and Injunctive Relief

Dec. 6, 2004

Dec. 6, 2004

Complaint

ED 85576

ED 85777

Opinion

In the Matter of: Steven Prye

Missouri state appellate court

169 S.W.3d 116

Aug. 2, 2005

Aug. 2, 2005

Order/Opinion
151

2:04-cv-04248

Order And Opinion (1) Denying Plaintiffs’ Motion For Summary Judgment And (2) Granting Defendants’ Motion For Summary Judgment

Prye v. Carnahan

July 7, 2006

July 7, 2006

Order/Opinion
151

2:04-cv-04248

Order and Opinion (1) Denying Plaintiffs' Motion For Summary Judgment and (2) Granting Defendants' Motion for Summary Judgment

Prye v. Carnahan

July 7, 2006

July 7, 2006

Order/Opinion

2:04-cv-04248

Order And Opinion (1) Denying Plaintiffs’ Motion For Summary Judgment And (2) Granting Defendants’ Motion For Summary Judgment

Prye v. Carnahan

2006 WL 1888639, 2006 U.S.Dist.LEXIS 46176

July 7, 2006

July 7, 2006

Order/Opinion

06-03014

Opening Brief of the Plaintiffs-Appellants

Missouri Protection and Advocacy Services v. Carnahan

U. S. Court of Appeals for the Eighth Circuit

Sept. 28, 2006

Sept. 28, 2006

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4300956/prye-v-blunt/

Last updated Aug. 1, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants (Filing fee $150 receipt number 224656) Service due by 2/5/2005, filed by Anthony E. Rothert on behalf of Steven M. Prye. (Attachments: # 1 Civil Cover Sheet)(Price, Jackie) (Entered: 10/08/2004)

Oct. 8, 2004

Oct. 8, 2004

50

RETURN OF SERVICE of complaint executed by Steven M. Prye. Michael Lueken served on 11/19/2004, answer due 12/9/2004. (Rothert, Anthony) (Entered: 11/30/2004)

Nov. 30, 2004

Nov. 30, 2004

PACER
2

Motion and Order to appear pro hac vice granting appearance of Attorney Ferne P. Wolf for Steven M. Prye Fee paid; receipt number 224656. (Price, Jackie) (Entered: 10/08/2004)

Oct. 8, 2004

Oct. 8, 2004

51

RETURN OF SERVICE of complaint executed by Steven M. Prye. Derio Gambaro served on 11/19/2004, answer due 12/9/2004. (Rothert, Anthony) (Entered: 11/30/2004)

Nov. 30, 2004

Nov. 30, 2004

PACER
3

MOTION for preliminary injunction filed by Ferne P. Wolf on behalf of all plaintiffs Suggestions in opposition/response due by 10/25/2004 (Wolf, Ferne) (Entered: 10/08/2004)

Oct. 8, 2004

Oct. 8, 2004

52

RETURN OF SERVICE of complaint executed by Steven M. Prye. Angela Da Silva served on 11/19/2004, answer due 12/9/2004. (Rothert, Anthony) (Entered: 11/30/2004)

Nov. 30, 2004

Nov. 30, 2004

PACER
53

RETURN OF SERVICE of complaint executed by Steven M. Prye. Yvonne Hunter served on 11/19/2004, answer due 12/9/2004. (Rothert, Anthony) (Entered: 11/30/2004)

Nov. 30, 2004

Nov. 30, 2004

PACER
4

SUGGESTIONS in support re 3 MOTION for preliminary injunction filed by Ferne P. Wolf on behalf of Plaintiff Steven M. Prye. (Attachments: # 1 Exhibit Rejection Letter# 2 Exhibit Guardian Affidavit# 3 Exhibit Guiffra Affidavit# 4 Exhibit Han Affidavit# 5 Exhibit Sullivan Affidavit)(Related document(s) 3 ) (Wolf, Ferne) (Entered: 10/08/2004)

Oct. 8, 2004

Oct. 8, 2004

5

ORDER scheduling hearing on motion for preliminary injunction and directing Plaintiffs to effect service on Defendants. With hearing to be held on 10/19/2004 at 01:30 PM at Courtroom 8C, Kansas City (ODS). Signed by Judge Ortrie D. Smith on 10/12/2004. (Will−Fees, Eva) (Entered: 10/12/2004)

Oct. 12, 2004

Oct. 12, 2004

54

AMENDED COMPLAINT against all defendants all defendants. filed by Anthony E. Rothert on behalf of Missouri Protection and Advocacy Services, Patrick W. Sharp, Bob Scaletty, Steven M. Prye.(Rothert, Anthony) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

PACER
55

Doc #55 has been deleted because it was filed in duplication of doc #54. Modified 12/7/2004 (James, Carrie). (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

PACER
6

NOTICE of appearance by Michael H. Finkelstein on behalf of Steven M. Prye (Finkelstein, Michael) (Entered: 10/13/2004)

Oct. 13, 2004

Oct. 13, 2004

56

CERTIFICATE of counsel re 55 Amended Complaint,,, 54 Amended Complaint certificate of service of first amended complaint for declaratory and injunctive relief by Anthony E. Rothert on behalf of all plaintiffs (Rothert, Anthony) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

PACER
7

REQUEST FOR WAIVER of service sent to Matt Blunt on October 8, 2004 by Steven M. Prye. Waiver of Service due by 11/8/2004. (Rothert, Anthony) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

8

REQUEST FOR WAIVER of service sent to Jeremiah W. (Jay) Nixon on October 8, 2004 by Steven M. Prye. Waiver of Service due by 11/8/2004. (Rothert, Anthony) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

57

REQUEST FOR WAIVER of service sent to Sharon Turner Blue on December 6, 2004 by Steven M. Prye, Bob Scaletty, Patrick W. Sharp. Waiver of Service due by 1/5/2005. (Rothert, Anthony) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

PACER
9

REQUEST FOR WAIVER of service sent to Leo G. Stoff on October 8, 2004 by Steven M. Prye. Waiver of Service due by 11/8/2004. (Rothert, Anthony) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

58

REQUEST FOR WAIVER of service sent to Cheryl Lynn Bisbee on December 6, 2004 by Missouri Protection and Advocacy Services, Steven M. Prye, Bob Scaletty, Patrick W. Sharp. Waiver of Service due by 1/5/2005. (Rothert, Anthony) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

PACER
59

REQUEST FOR WAIVER of service sent to Kansas City Board of Election Commissioners on December 6, 2004 by Missouri Protection and Advocacy Services, Steven M. Prye, Bob Scaletty, Patrick W. Sharp. Waiver of Service due by 1/5/2005. (Rothert, Anthony) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

PACER
10

REQUEST FOR WAIVER of service sent to James O'Toole on October 8, 2004 by Steven M. Prye. Waiver of Service due by 11/8/2004. (Rothert, Anthony) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

11

REQUEST FOR WAIVER of service sent to Michael LUEKEN on October 8, 2004 by Steven M. Prye. Waiver of Service due by 11/8/2004. (Rothert, Anthony) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

60

REQUEST FOR WAIVER of service sent to Ray S. James on December 6, 2004 by Missouri Protection and Advocacy Services, Steven M. Prye, Bob Scaletty, Patrick W. Sharp. Waiver of Service due by 1/5/2005. (Rothert, Anthony) (Entered: 12/07/2004)

Dec. 7, 2004

Dec. 7, 2004

PACER
12

REQUEST FOR WAIVER of service sent to Angela da Silva on October 8, 2004 by Steven M. Prye. Waiver of Service due by 11/8/2004. (Rothert, Anthony) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

61

REQUEST FOR WAIVER of service sent to Rosa James on December 6, 2004 by Missouri Protection and Advocacy Services, Steven M. Prye, Bob Scaletty, Patrick W. Sharp. Waiver of Service due by 1/5/2005. (Rothert, Anthony) (Entered: 12/07/2004)

Dec. 7, 2004

Dec. 7, 2004

PACER
62

REQUEST FOR WAIVER of service sent to Bruce B. Waugh on December 6, 2004 by Missouri Protection and Advocacy Services, Steven M. Prye, Bob Scaletty, Patrick W. Sharp. Waiver of Service due by 1/5/2005. (Rothert, Anthony) (Entered: 12/07/2004)

Dec. 7, 2004

Dec. 7, 2004

PACER
14

REQUEST FOR WAIVER of service sent to Board of Election Commissioner for the City of St. Louis on October 8, 2004 by Steven M. Prye. Waiver of Service due by 11/8/2004. (Rothert, Anthony) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

15

REQUEST FOR WAIVER of service sent to Derio L. Gambaro on Ocotber 8, 2004 by Steven M. Prye. Waiver of Service due by 11/8/2004. (Rothert, Anthony) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

63

REQUEST FOR WAIVER of service sent to LINDA S. TARPLEY on December 6, 2004 by Missouri Protection and Advocacy Services, Steven M. Prye, Bob Scaletty, Patrick W. Sharp. Waiver of Service due by 1/5/2005. (Rothert, Anthony) (Entered: 12/07/2004)

Dec. 7, 2004

Dec. 7, 2004

PACER
64

ANSWER to Amended Complaint filed by James R. McAdams on behalf of Defendants Matt Blunt, Jeremiah Nixon. (Attachments: # 1 Exhibit A# 2 Exhibit B)(McAdams, James) (Entered: 12/16/2004)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Dec. 16, 2004

Dec. 16, 2004

PACER
16

MOTION to vacate preliminary injunction hearing filed by James R. McAdams on behalf of Matt Blunt, Jeremiah Nixon Suggestions in opposition/response due by 11/1/2004 unless otherwise directed by the court (Attachments: # 1 Exhibit A − C)(McAdams, James) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

17

RESPONSE to motion re 16 MOTION to vacate preliminary injunction hearing of Blunt and Nixon filed by Anthony E. Rothert on behalf of Plaintiff Steven M. Prye. Reply suggestions due by 11/1/2004 unless otherwise directed by the court (Attachments: # 1 Affidavit Steven M. Prye)(Related document(s) 16 ) (Rothert, Anthony) (Entered: 10/16/2004)

Oct. 16, 2004

Oct. 16, 2004

65

NOTICE of filing by Matt Blunt, Jeremiah Nixon Defendants' Withdrawal and Substitution of Counsel (McAdams, James) (Entered: 12/16/2004)

Dec. 16, 2004

Dec. 16, 2004

PACER
18

ORDER granting in part and denying in part 16 Defendants' Motion to Vacate Preliminary Injunction Hearing and rescheduling hearing on Motion for Preliminary Injunction for 9:00 a.m. on 10/21/2004. Signed by Judge Ortrie D. Smith on 10/18/2004. (Will−Fees, Eva) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

66

NOTICE of appearance by David B. Raymond on behalf of Bruce B Waugh, Rosa James, Linda S Tarpley, Cheryl Bisbee, Ray S. James, Sharon Turner Blue, Board of Election Commissioners of Kansas City (Raymond, David) (Entered: 12/21/2004)

Dec. 21, 2004

Dec. 21, 2004

PACER
19

Motion and Order to appear pro hac vice granting appearance of Attorney Jennifer Mathis for Steven M. Prye Fee paid; receipt number 224700. (Price, Jackie) (Entered: 10/20/2004)

Oct. 20, 2004

Oct. 20, 2004

67

WAIVER OF SERVICE returned executed by Bruce B Waugh, Rosa James, Linda S Tarpley, Cheryl Bisbee, Ray S. James, Sharon Turner Blue, Board of Election Commissioners of Kansas City. Bruce B Waugh waiver sent on 12/6/2004, answer due 2/4/2005; Rosa James waiver sent on 12/6/2004, answer due 2/4/2005; Linda S Tarpley waiver sent on 12/6/2004, answer due 2/4/2005; Cheryl Bisbee waiver sent on 12/6/2004, answer due 2/4/2005; Ray S. James waiver sent on 12/6/2004, answer due 2/4/2005; Sharon Turner Blue waiver sent on 12/6/2004, answer due 2/4/2005; Board of Election Commissioners of Kansas City waiver sent on 12/6/2004, answer due 2/4/2005. (Raymond, David) (Entered: 12/21/2004)

Dec. 21, 2004

Dec. 21, 2004

PACER
68

Rule 16 Noticeproposed scheduling order due by 4/8/2005, rule 26 conference due by 3/25/2005,. Signed by Judge Ortrie D. Smith on 01/31/2005. (Will-Fees, Eva) (Entered: 01/31/2005)

Jan. 31, 2005

Jan. 31, 2005

PACER
20

Motion and Order to appear pro hac vice granting appearance of Attorney Neil Bradley for Steven M. Prye Fee paid; receipt number 224701. (Price, Jackie) (Entered: 10/20/2004)

Oct. 20, 2004

Oct. 20, 2004

21

MOTION for leave to file excess pages filed by James R. McAdams on behalf of Matt Blunt, Jeremiah Nixon Suggestions in opposition/response due by 11/4/2004 unless otherwise directed by the court (Attachments: # 1 Defendants' Suggestions in Opposition to Plaintiff's Motion for Preliminary Injunction# 2 Exhibit A−D)(McAdams, James) (Entered: 10/20/2004)

Oct. 20, 2004

Oct. 20, 2004

69

ANSWER to Complaint ANSWER OF KANSAS CITY ELECTION BOARD DEFENDANTS TO FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF filed by David B. Raymond on behalf of Defendants Bruce B Waugh, Rosa James, Linda S Tarpley, Cheryl Bisbee, Ray S. James, Sharon Turner Blue, Board of Election Commissioners of Kansas City.(Raymond, David) (Entered: 02/04/2005)

Feb. 4, 2005

Feb. 4, 2005

PACER
70

DISCLOSURE OF CORPORATE INTERESTS filed by Michael H. Finkelstein on behalf of Plaintiff Missouri Protection and Advocacy Services.(Finkelstein, Michael) (Entered: 02/14/2005)

Feb. 14, 2005

Feb. 14, 2005

PACER
22

ORDER granting 21 motion for leave to file excess pages signed by Judge Ortrie D. Smith on 10/20/2004. (Kitsmiller, Julia) (Entered: 10/20/2004)

Oct. 20, 2004

Oct. 20, 2004

71

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Michael Pritchett on behalf of Defendants Matt Blunt, Jeremiah Nixon.(Pritchett, Michael) (Entered: 04/01/2005)

April 1, 2005

April 1, 2005

PACER
23

MOTION to amend/correct filed by James R. McAdams on behalf of Matt Blunt, Jeremiah Nixon Suggestions in opposition/response due by 11/4/2004 unless otherwise directed by the court (Attachments: # 1 Defendants' Suggestions in Opposition to Plaintiff's Motion for Preliminary Injunction# 2 Appendix A − D)(McAdams, James) (Entered: 10/20/2004)

Oct. 20, 2004

Oct. 20, 2004

24

REPLY SUGGESTIONS to motion re 3 MOTION for preliminary injunction filed by Anthony E. Rothert on behalf of Plaintiff Steven M. Prye. (Attachments: # 1 Affidavit Kathleen A. Eddy)(Related document(s) 3 ) (Rothert, Anthony) (Entered: 10/20/2004)

Oct. 20, 2004

Oct. 20, 2004

72

NOTICE of appearance by James Michael Kirkland on behalf of Missouri Protection and Advocacy Services, Patrick W. Sharp, Bob Scaletty, Steven M. Prye (Kirkland, James) (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

PACER
25

RESPONSE to motion re 23 MOTION to amend/correct of Defendants Blunt and Nixon filed by Anthony E. Rothert on behalf of Plaintiff Steven M. Prye. Reply suggestions due by 11/4/2004 unless otherwise directed by the court (Related document(s) 23 ) (Rothert, Anthony) (Entered: 10/20/2004)

Oct. 20, 2004

Oct. 20, 2004

73

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by James Michael Kirkland on behalf of Plaintiffs Missouri Protection and Advocacy Services, Patrick W. Sharp, Bob Scaletty, Steven M. Prye.(Kirkland, James) (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

PACER
26

ORDER granting 23 Defendants' Motion for Leave to File Amended Suggestions in Opposition to Motion for Preliminary Injunction. Signed by Judge Ortrie D. Smith on 10/21/2004. (Will−Fees, Eva) (Entered: 10/21/2004)

Oct. 21, 2004

Oct. 21, 2004

74

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by David B. Raymond on behalf of Defendants Bruce B Waugh, Rosa James, Linda S Tarpley, Cheryl Bisbee, Ray S. James, Sharon Turner Blue, Board of Election Commissioners of Kansas City.(Raymond, David) (Entered: 04/07/2005)

April 7, 2005

April 7, 2005

PACER
75

MOTION to withdraw as attorney filed byFerne P. Wolf on behalf of all plaintiffs Suggestions in opposition/response due by 4/26/2005 unless otherwise directed by the court (Wolf, Ferne) (Entered: 04/11/2005)

April 11, 2005

April 11, 2005

PACER
27

Motion and Order to appear pro hac vice granting appearance of Attorney John H. Wank for Steven M. Prye Fee paid; receipt number 221826. (McDowell, Shelly) (Entered: 10/21/2004)

Oct. 21, 2004

Oct. 21, 2004

76

ORDER granting 75 motion to withdraw as attorney. Attorney Ferne P. Wolf terminated. Signed by Judge Ortrie D. Smith on 04/11/1005. (Will-Fees, Eva) (Entered: 04/11/2005)

April 11, 2005

April 11, 2005

PACER
29

MOTION to amend/correct the attachment to plaintiffs' reply suggestions regarding plaintiff's motion for preliminary injunction filed by Anthony E. Rothert on behalf of Steven M. Prye Suggestions in opposition/response due by 11/5/2004 unless otherwise directed by the court (Attachments: # 1 Affidavit Kathleen A. Eddy)(Rothert, Anthony) (Entered: 10/21/2004)

Oct. 21, 2004

Oct. 21, 2004

77

ORDER TO SHOW CAUSE Show Cause Response due by 4/27/2005. Signed by Judge Ortrie D. Smith on 04/12/2005. (Will-Fees, Eva) (Entered: 04/12/2005)

April 12, 2005

April 12, 2005

RECAP
33

Minute Entry for proceedings held before Judge Ortrie D. Smith : HEARING held on 10/21/2004 (Court Reporter Cynthia Johnson.) (Will−Fees, Eva) (Entered: 10/25/2004)

Oct. 21, 2004

Oct. 21, 2004

78

PROPOSED SCHEDULING ORDER by Missouri Protection and Advocacy Services, Patrick W. Sharp, Bob Scaletty, Steven M. Prye. (Kirkland, James) (Entered: 04/12/2005)

April 12, 2005

April 12, 2005

PACER
30

MOTION to seal document s filed by Anthony E. Rothert on behalf of all plaintiffs Suggestions in opposition/response due by 11/8/2004 unless otherwise directed by the court (Rothert, Anthony) (Entered: 10/24/2004)

Oct. 24, 2004

Oct. 24, 2004

31

PROPOSED FINDINGS OF FACT by Steven M. Prye (proposed findings of fact and conclusions of law related to plaintiffs' motoin for preliminary injunction) . (Rothert, Anthony) (Entered: 10/24/2004)

Oct. 24, 2004

Oct. 24, 2004

79

RULES OF TRIAL. Signed by Judge Ortrie D. Smith on 04/15/2005. (Will-Fees, Eva) (Entered: 04/15/2005)

April 15, 2005

April 15, 2005

PACER
80

SCHEDULING ORDER: Discovery due by 12/15/2005. Pretrial Conference set for 4/13/2006 10:00 AM via telephone before Ortrie Smith. Bench Trial set for 5/15/2006 08:30 AM in Courtroom 8C, Kansas City (ODS) before Ortrie Smith.Dispositive Motions due by 1/15/2006 Signed by Judge Ortrie D. Smith on 04/15/2005. (Will-Fees, Eva) (Entered: 04/15/2005)

April 15, 2005

April 15, 2005

PACER
32

ORDER granting 29 Plaintiffs' Motion for Leave to File Reformatted Attachment to Plaintiffs' reply suggestions. Signed by Judge Ortrie D. Smith on 10/25/2004. (Will−Fees, Eva) (Entered: 10/25/2004)

Oct. 25, 2004

Oct. 25, 2004

34

PROPOSED FINDINGS OF FACT by Matt Blunt, Jeremiah Nixon Memorandum and Order . (McAdams, James) (Entered: 10/25/2004)

Oct. 25, 2004

Oct. 25, 2004

81

NOTICE of appearance by Rufus J. Tate, Jr on behalf of Board of Election Commissioners for the City of St. Louis (Tate, Rufus) (Entered: 06/22/2005)

June 22, 2005

June 22, 2005

PACER
35

AFFIDAVIT re 24 Reply Suggestions to Motion, 32 Order on Motion to Amend/Correct (Reformatted Affidavit of Kathleen A. Eddy in support of 24 reply to suggestions regarding motion for preliminary hearing, as permitted by order granting leave to file a reformatted affidavit 32 ) by Steven M. Prye. (Related document(s) 24 , 32 ) (Rothert, Anthony) (Entered: 10/25/2004)

Oct. 25, 2004

Oct. 25, 2004

82

CERTIFICATE OF SERVICE by Missouri Protection and Advocacy Services, Patrick W. Sharp, Bob Scaletty, Steven M. Prye of request for documents and interrogatories filed by James Michael Kirkland on behalf of Plaintiffs Missouri Protection and Advocacy Services, Patrick W. Sharp, Bob Scaletty, Steven M. Prye.(Kirkland, James) (Entered: 06/27/2005)

June 27, 2005

June 27, 2005

PACER
83

MOTION for extension of time for submission of expert reports along with suggestions in support (unopposed) filed byJames Michael Kirkland on behalf of all plaintiffs Suggestions in opposition/response due by 7/22/2005 unless otherwise directed by the court (Kirkland, James) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

PACER
36

ORDER granting 30 motion to seal certain documents. Signed by Judge Ortrie D. Smith on 10/25/2004. (Will−Fees, Eva) (Entered: 10/25/2004)

Oct. 25, 2004

Oct. 25, 2004

37

ORDER denying 3 Motion for preliminary injunction signed by Judge Ortrie D. Smith on 10/26/2004. (Kitsmiller, Julia) (Entered: 10/26/2004)

Oct. 26, 2004

Oct. 26, 2004

84

ORDER granting 83 motion for extension of time. Signed by Judge Ortrie D. Smith on 07/07/2005. (Will-Fees, Eva) (Entered: 07/08/2005)

July 7, 2005

July 7, 2005

PACER
85

STIPULATION of dismissal Without Prejudice as to Certain Parties by Missouri Protection and Advocacy Services, Patrick W. Sharp, Bob Scaletty, Steven M. Prye. (Kirkland, James) (Entered: 07/20/2005)

July 20, 2005

July 20, 2005

PACER
38

Emergency MOTION for reconsideration re 37 Order on Motion for Preliminary Injunction filed by Anthony E. Rothert on behalf of all plaintiffs Suggestions in opposition/response due by 11/15/2004 unless otherwise directed by the court (Attachments: # 1 Exhibit A)(Related document(s) 37 ) (Rothert, Anthony) (Entered: 10/29/2004)

Oct. 29, 2004

Oct. 29, 2004

39

MOTION to amend/correct 38 Emergency MOTION for reconsideration re 37 Order on Motion for Preliminary Injunction denying 3 plaintiffs' motion for preliminary injuction filed by Anthony E. Rothert on behalf of all plaintiffs Suggestions in opposition/response due by 11/16/2004 unless otherwise directed by the court (Attachments: # 1 Proposed Amended Motion)(Related document(s) 38 ) (Rothert, Anthony) (Entered: 11/01/2004)

Nov. 1, 2004

Nov. 1, 2004

86

PARTIAL STIPULATION AND ORDER. Signed by Judge Ortrie D. Smith on 07/21/2005. (Will-Fees, Eva) (Entered: 07/21/2005)

July 21, 2005

July 21, 2005

PACER
40

SUGGESTIONS in opposition re 38 Emergency MOTION for reconsideration re 37 Order on Motion for Preliminary Injunction, 39 MOTION to amend/correct 38 Emergency MOTION for reconsideration re 37 Order on Motion for Preliminary Injunction denying 3 plaintiffs' motion for preliminary injuction filed by James R. McAdams on behalf of Defendants Matt Blunt, Jeremiah Nixon. Reply suggestions due by 11/16/2004 unless otherwise directed by the court (Related document(s) 38 , 39 ) (McAdams, James) (Entered: 11/01/2004)

Nov. 1, 2004

Nov. 1, 2004

87

MOTION for extension of time In Due Date of Discovery Responses and in Identification of Business Records the Parties Intend to Self-Authenticate filed byMichael Pritchett on behalf of Matt Blunt, Jeremiah Nixon Suggestions in opposition/response due by 8/16/2005 unless otherwise directed by the court (Pritchett, Michael) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

PACER
41

ORDER granting 39 motion for leave to file an amended motion to reconsider. Signed by Judge Ortrie D. Smith on 11/01/2004. (Will−Fees, Eva) (Entered: 11/01/2004)

Nov. 1, 2004

Nov. 1, 2004

88

ORDER granting 87 motion for extension of time. Signed by Judge Ortrie D. Smith on 08/02/2005. (Will-Fees, Eva) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

PACER
89

CERTIFICATE OF SERVICE by Matt Blunt, Jeremiah Nixon filed by Michael Pritchett on behalf of Defendants Matt Blunt, Jeremiah Nixon.(Pritchett, Michael) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

PACER

Amended MOTION for reconsideration re 37 Order on Motion for Preliminary Injunction denying 3 plaintiffs' motion for preliminary injunction filed by Anthony E. Rothert on behalf of all plaintiffs Suggestions in opposition/response due by 11/16/2004 unless otherwise directed by the court (Attachments: # 1 Exhibit 2:04-cv-4248 As of: 07/30/2017 02:47 PM CDT 9 of 17

Nov. 1, 2004

Nov. 1, 2004

44

Motion and Order to appear pro hac vice granting appearance of Attorney Ira Abraham Burnim for Steven M. Prye Fee paid; receipt number 222445. (Revis, Christi) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

90

MOTION for protective order (unopposed) filed byJames Michael Kirkland on behalf of all plaintiffs Suggestions in opposition/response due by 9/15/2005 unless otherwise directed by the court (Kirkland, James) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

PACER
91

CERTIFICATE OF SERVICE by all plaintiffs of Designation of Business Records filed by James Michael Kirkland on behalf of Plaintiffs Missouri Protection and Advocacy Services, Patrick W. Sharp, Bob Scaletty, Steven M. Prye.(Kirkland, James) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

PACER
45

WAIVER OF SERVICE returned executed by Steven M. Prye. Matt Blunt waiver sent on 10/8/2004, answer due 12/7/2004. (Rothert, Anthony) (Entered: 11/04/2004)

Nov. 4, 2004

Nov. 4, 2004

92

CERTIFICATE OF SERVICE by Matt Blunt, Jeremiah Nixon filed by Michael Pritchett on behalf of Defendants Matt Blunt, Jeremiah Nixon.(Pritchett, Michael) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

PACER
46

WAIVER OF SERVICE returned executed by Steven M. Prye. Jeremiah Nixon waiver sent on 10/8/2004, answer due 12/7/2004. (Rothert, Anthony) (Entered: 11/04/2004)

Nov. 4, 2004

Nov. 4, 2004

SUMMONS ISSUED as to Board of Election Commissioners for the City of St. Louis, Angela Da Silva, Derio Gambaro, Yvonne Hunter, Michael Lueken, James O'Toole, Leo G Stoff. (Price, Jackie) (Entered: 11/16/2004)

Nov. 16, 2004

Nov. 16, 2004

93

CERTIFICATE OF SERVICE by all plaintiffs of Disclosures of Expert Witnesses filed by James Michael Kirkland on behalf of Plaintiffs Missouri Protection and Advocacy Services, Patrick W. Sharp, Bob Scaletty, Steven M. Prye.(Kirkland, James) (Entered: 09/01/2005)

Sept. 1, 2005

Sept. 1, 2005

PACER
47

RETURN OF SERVICE of complaint executed by Steven M. Prye. Leo G Stoff served on 11/19/2004, answer due 12/9/2004. (Rothert, Anthony) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

94

CERTIFICATE OF SERVICE by all plaintiffs of First Supplemental Disclosures filed by James Michael Kirkland on behalf of Plaintiffs Missouri Protection and Advocacy Services, Patrick W. Sharp, Bob Scaletty, Steven M. Prye.(Kirkland, James) (Entered: 09/01/2005)

Sept. 1, 2005

Sept. 1, 2005

PACER
95

ORDER granting 90 motion for protective order. Signed by Judge Ortrie D. Smith on 09/02/2005. (Will-Fees, Eva) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

PACER
48

RETURN OF SERVICE of complaint executed by Steven M. Prye. Board of Election Commissioners for the City of St. Louis served on 11/19/2004, answer due 12/9/2004. (Rothert, Anthony) (Entered: 11/30/2004)

Nov. 30, 2004

Nov. 30, 2004

49

RETURN OF SERVICE of complaint executed by Steven M. Prye. James O'Toole served on 11/19/2004, answer due 12/9/2004. (Rothert, Anthony) (Entered: 11/30/2004)

Nov. 30, 2004

Nov. 30, 2004

96

Motion to allow Alison Barkoff to appear pro hac vice (Pro Hac fee $50 receipt number 237556) filed byJames Michael Kirkland on behalf of all plaintiffs (Bax, Laura) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

PACER
97

STIPULATION of dismissal as moot the claims of Steven M. Prye by Steven M. Prye. (Rothert, Anthony) (Entered: 09/22/2005)

Sept. 22, 2005

Sept. 22, 2005

PACER
98

Order of Dismissalpursuant to Stipulation of the parties. Signed by Judge Ortrie D. Smith on 09/22/2005. (Will-Fees, Eva) (Entered: 09/23/2005)

Sept. 22, 2005

Sept. 22, 2005

PACER
99

CERTIFICATE OF SERVICE by Matt Blunt, Jeremiah Nixon of mailing Defendants' Request for Production of Documents, filed by Michael Pritchett on behalf of Defendants Matt Blunt, Jeremiah Nixon.(Pritchett, Michael) (Entered: 10/31/2005)

Oct. 31, 2005

Oct. 31, 2005

PACER
100

MOTION for extension of time to complete discovery EXT. OF DEADLINE FOR DESIGNATION OF EXPERT WITNESSES AND SUBMISSIONS OF EXPERT REPORTS AND OF DISCOVERY DEADLINE filed byMichael Pritchett on behalf of Matt Blunt, Jeremiah Nixon Suggestions in opposition/response due by 11/16/2005 unless otherwise directed by the court (Pritchett, Michael) (Entered: 11/01/2005)

Nov. 1, 2005

Nov. 1, 2005

PACER
101

ORDER granting 100 motion for extension of time to complete discovery on or before 01/05/2006. Signed by Judge Ortrie D. Smith on 11/01/2005. (Will-Fees, Eva) (Entered: 11/02/2005)

Nov. 1, 2005

Nov. 1, 2005

PACER
102

NOTICE to take deposition of Betsy Byers filed by James Michael Kirkland on behalf of Plaintiff Steven M. Prye.(Kirkland, James) Modified on 11/18/2005 to correct name of deposed, as it was entered in error (Beard, Melanie). (Entered: 11/18/2005)

Nov. 18, 2005

Nov. 18, 2005

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 8, 2004

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

People diagnosed with mental illnesses who have been denied the right to vote in Missouri and the statewide protection and advocacy agency to protect and advocate for the legal and civil rights of those Missouri citizens who have mental disabilities

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Bazelon Center

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Board of Elections (St. Louis) (St. Louis), City

Board of Elections (Kansas City) (Kansas City), City

State of Missouri, State

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

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Voting access

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Voting:

Voter qualifications