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

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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 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The plaintiff's motion for a preliminary injunction was denied in an unpublished opinion by District Judge Ortrie Smith on October 26, 2004.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.

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Summary Authors

Mike Fagan (6/16/2008)

Mackenzie Walz (10/18/2017)

People

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

Judge(s)

Attorney for Plaintiff

Bagenstos, Samuel R. (Missouri)

Barkoff, Alison (District of Columbia)

Bradley, Neil T. (Georgia)

Burnim, Ira Abraham (District of Columbia)

Attorney for Defendant

Curtis, Woodie J. (Missouri)

Expert/Monitor/Master/Other

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)

Attorney 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)

Attorney for Defendant

Curtis, Woodie J. (Missouri)

Millin, F. Russell (Missouri)

Nixon, Jeremiah (Jay) W. (Missouri)

Pritchett, Michael (Missouri)

Tate, Rufus J. Jr. (Missouri)

Expert/Monitor/Master/Other

Harrington, Sarah E. (District of Columbia)

Attorney Contact Information via CourtListener

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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	Aug. 2, 2005	Aug. 2, 2005 Order/Opinion 169 S.W.3d 116
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 2006 WL 1888639
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
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

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Resources

Title	Description		External URL Date / External URL
Missouri P&A and Scaletty v. Carnahan Bazelon Center	On August 23, 2007, the U.S. Court of Appeals for the Eighth Circuit held that Missouri law allows citizens who are under full guardianship to retain their voting rights if they demonstrate a capacit…	Aug. 23, 2007	Aug. 23, 2007 http://www.bazelon.org/...
Missouri P&A and Scaletty v. Carnahan The Bazelon Center	The case was filed on behalf of Bob Scaletty, a retired electrician diagnosed with paranoid schizophrenia, and Missouri Protection and Advocacy Services, which represents people with mental disabilit…	Jan. 1, 2017	Jan. 1, 2017 http://www.bazelon.org/...

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Docket

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

Last updated Dec. 20, 2024, 6:47 a.m.

ECF Number	Description	Date	Link Date / Link
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
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
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
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 RECAP
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
103	NOTICE to take deposition of The Missouri Secretary of State filed by James Michael Kirkland on behalf of Plaintiff Steven M. Prye.(Kirkland, James) (Entered: 11/18/2005)	Nov. 18, 2005	Nov. 18, 2005 PACER
104	DESIGNATION OF DEFENDANTS' EXPERT WITNESS by Matt Blunt, Jeremiah Nixon. (Pritchett, Michael) (Entered: 11/22/2005)	Nov. 22, 2005	Nov. 22, 2005 PACER
105	CERTIFICATE OF SERVICE by all plaintiffs Plaintiff's Second Request for Production of Documents filed by Anthony E. Rothert on behalf of Plaintiffs Missouri Protection and Advocacy Services, Patrick W. Sharp, Bob Scaletty, Steven M. Prye.(Rothert, Anthony) (Entered: 11/28/2005)	Nov. 28, 2005	Nov. 28, 2005 PACER
106	CERTIFICATE OF SERVICE by Matt Blunt, Jeremiah Nixon of Mailing their Supplement to Disclosures filed by Michael Pritchett on behalf of Defendants Matt Blunt, Jeremiah Nixon.(Pritchett, Michael) (Entered: 12/02/2005)	Dec. 2, 2005	Dec. 2, 2005 PACER
107	NOTICE to take deposition of Mandi O'Neal 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: 12/05/2005)	Dec. 5, 2005	Dec. 5, 2005 PACER
108	CERTIFICATE OF SERVICE by all plaintiffs of Second Request for Production of Documents 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: 12/07/2005)	Dec. 7, 2005	Dec. 7, 2005 PACER
109	Motion to allow James G. Felakos to appear pro hac vice (Pro Hac fee $50 receipt number 237947) filed byDavid E. Hale on behalf of Steven M. Prye (Bax, Laura) (Entered: 12/15/2005)	Dec. 15, 2005	Dec. 15, 2005 PACER
110	NOTICE to take deposition of Board of Election Commissioners for the City of St. Louis filed by James G. Felakos on behalf of Plaintiffs Missouri Protection and Advocacy Services, Patrick W. Sharp, Bob Scaletty, Steven M. Prye.(Felakos, James) (Entered: 12/16/2005)	Dec. 16, 2005	Dec. 16, 2005 PACER
111	CERTIFICATE OF SERVICE by Matt Blunt, Jeremiah Nixon of Mailing Defendants' Responses to Plaintiffs' Second Request for Production of Documents filed by Michael Pritchett on behalf of Defendants Matt Blunt, Jeremiah Nixon.(Pritchett, Michael) (Entered: 12/22/2005)	Dec. 22, 2005	Dec. 22, 2005 PACER
112	MOTION for extension of time filed byJames Michael Kirkland on behalf of all plaintiffs Suggestions in opposition/response due by 1/12/2006 unless otherwise directed by the court (Kirkland, James) (Entered: 12/28/2005)	Dec. 28, 2005	Dec. 28, 2005 PACER
113	ORDER granting 112 motion for extension of time. Discovery completed on or before 01/18/2006. Dispositive motions shall be filed on or before 02/21/2006. Signed by Judge Ortrie D. Smith on 12/29/2005. (Will-Fees, Eva) (Entered: 12/29/2005)	Dec. 29, 2005	Dec. 29, 2005 PACER
114	CERTIFICATE OF SERVICE by all plaintiffs of Second 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: 01/04/2006)	Jan. 4, 2006	Jan. 4, 2006 PACER
115	NOTICE to take deposition of Dr. Bruce Harry 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: 01/11/2006)	Jan. 11, 2006	Jan. 11, 2006 PACER
116	Joint MOTION for extension of time for discovery and dispositive motions filed byJames Michael Kirkland on behalf of all plaintiffs Suggestions in opposition/response due by 2/1/2006 unless otherwise directed by the court (Kirkland, James) (Entered: 01/17/2006)	Jan. 17, 2006	Jan. 17, 2006 PACER
117	NOTICE (SEALED) by Matt Blunt, Jeremiah Nixon "Defendants' Daubert Objections to Plaintiff's Designated Expert" (Attachments: # 1 Exhibit A# 2 Exhibit B)(Pritchett, Michael) (Entered: 01/17/2006)	Jan. 17, 2006	Jan. 17, 2006 PACER
118	ORDER granting 116 motion for extension of time. Discovery extended on or before 02/08/2006 and dispositive mitions filed on or before 02/28/2006. Signed by Judge Ortrie D. Smith on 01/17/2006. (Will-Fees, Eva) (Entered: 01/17/2006)	Jan. 17, 2006	Jan. 17, 2006 PACER
119	NOTICE of change of address by Anthony E. Rothert (Rothert, Anthony) (Entered: 01/17/2006)	Jan. 17, 2006	Jan. 17, 2006 PACER
120	NOTICE of filing by Steven M. Prye re 117 Notice(SEALED) Plaintiffs' Suggestions in Opposition Defendants' Objections to Plaintiffs' Expert, (This document does not need to be sealed) (Attachments: # 1 Exhibit Ex. 1, Appelbaum CV# 2 Exhibit Ex. 2, Appelbaum Cites)(Felakos, James) (Entered: 01/30/2006) 1 Exhibit Ex. 1, Appelbaum CV View on PACER 2 Exhibit Ex. 2, Appelbaum Cites View on PACER	Jan. 30, 2006	Jan. 30, 2006 PACER
121	NOTICE of filing by Matt Blunt, Jeremiah Nixon Defendants' Reply to Plaintiffs' Suggestions in Opposition to Defendants' Daubert Objections to Plaintiff's Designated Expert (Pritchett, Michael) (Entered: 02/14/2006)	Feb. 14, 2006	Feb. 14, 2006 PACER
122	CERTIFICATE OF TRANSMISSION OF DEPOSITION of Bruce Harry, MD (Bax, Laura) (Entered: 02/15/2006)	Feb. 15, 2006	Feb. 15, 2006 PACER
123	CERTIFICATE OF TRANSMISSION OF DEPOSITION of Elaine Gilley (Bax, Laura) (Entered: 02/27/2006)	Feb. 27, 2006	Feb. 27, 2006 PACER
124	MOTION for leave to file filed byJames Michael Kirkland on behalf of all plaintiffs Suggestions in opposition/response due by 3/14/2006 unless otherwise directed by the court (Kirkland, James) (Entered: 02/27/2006)	Feb. 27, 2006	Feb. 27, 2006 PACER
125	MOTION for leave to file Surreply in Opposition to Defendants Daubert Objections filed byJames G. Felakos on behalf of all plaintiffs Suggestions in opposition/response due by 3/14/2006 unless otherwise directed by the court (Attachments: # 1 Exhibit Plaintiffs? Surreply in Opposition# 2 Exhibit Ex. A, Dr. Harry Dep Excerpts)(Felakos, James) (Entered: 02/27/2006) 1 Exhibit Plaintiffs? Surreply in Opposition View on PACER 2 Exhibit Ex. A, Dr. Harry Dep Excerpts View on PACER	Feb. 27, 2006	Feb. 27, 2006 PACER
126	ORDER granting 125 motion for leave to file Signed by Judge Ortrie D. Smith on 02/28/2006. (Will-Fees, Eva) (Entered: 02/28/2006)	Feb. 28, 2006	Feb. 28, 2006 PACER
127	ORDER granting 124 motion for leave to file. Signed by Judge Ortrie D. Smith on 02/28/2006. (Will-Fees, Eva) (Entered: 02/28/2006)	Feb. 28, 2006	Feb. 28, 2006 PACER
128	NOTICE of filing by Bob Scaletty re 117 Notice(SEALED) Plaintiffs Surreply in Opposition to Defendants Daubert Objections to Plaintiffs? Designated Expert [THIS DOCUMENT NEED NOT BE SEALED] (Attachments: # 1 Exhibit (A) Dr. Harry Dep Excerpts)(Felakos, James) (Entered: 02/28/2006) 1 Exhibit (A) Dr. Harry Dep Excerpts View on PACER	Feb. 28, 2006	Feb. 28, 2006 PACER
129	MOTION for extension of time in which to File Defendants Blunt and Nixon's Motion for Summary Judgment filed byMichael Pritchett on behalf of Matt Blunt, Jeremiah Nixon Suggestions in opposition/response due by 3/15/2006 unless otherwise directed by the court (Pritchett, Michael) (Entered: 02/28/2006)	Feb. 28, 2006	Feb. 28, 2006 PACER
130	SUGGESTIONS in opposition re 129 MOTION for extension of time in which to File Defendants Blunt and Nixon's Motion for Summary Judgment filed by James Michael Kirkland on behalf of Plaintiffs Missouri Protection and Advocacy Services, Patrick W. Sharp, Bob Scaletty, Steven M. Prye. Reply suggestions due by 3/15/2006 unless otherwise directed by the court (Related document(s) 129 ) (Kirkland, James) (Entered: 02/28/2006)	Feb. 28, 2006	Feb. 28, 2006 PACER
131	ORDER granting 129 motion for extension of time. Dispositive motions filed on or before 03/15/2006. PTC at 10:00 a.m. on 08/04/2006 and trial at 8:00 a.m. on 09/22/2006. Signed by Judge Ortrie D. Smith on 03/01/2006. (Will-Fees, Eva) (Entered: 03/01/2006)	March 1, 2006	March 1, 2006 PACER
132	MOTION for summary judgment filed byJames Michael Kirkland on behalf of all plaintiffs Suggestions in opposition/response due by 4/17/2006 unless otherwise directed by the court (Kirkland, James) (Entered: 03/15/2006)	March 15, 2006	March 15, 2006 PACER
133	SUGGESTIONS in support (SEALED) re 132 MOTION for summary judgment filed by James Michael Kirkland on behalf of Plaintiffs Missouri Protection and Advocacy Services, Patrick W. Sharp, Bob Scaletty, Steven M. Prye. (Attachments: # 1 Exhibit # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 # 17 # 18 # 19 # 20 # 21 # 22)(Related document(s) 132 ) (Kirkland, James) (Entered: 03/15/2006)	March 15, 2006	March 15, 2006 PACER
134	MOTION for leave to file Defendants' Motion for Summary Judgment filed byMichael Pritchett on behalf of Matt Blunt, Jeremiah Nixon Suggestions in opposition/response due by 3/30/2006 unless otherwise directed by the court (Attachments: # 1 Motion for Summary Judgment# 2 Exhibit # 3 Exhibit # 4 # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit)(Pritchett, Michael) (Entered: 03/15/2006) 1 Motion for Summary Judgment View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER 9 Exhibit View on PACER 10 Exhibit View on PACER 11 Exhibit View on PACER 12 Exhibit View on PACER	March 15, 2006	March 15, 2006 PACER
135	ORDER granting 134 motion for leave to file Signed by Judge Ortrie D. Smith on March 20, 2006. (Loomer, Betsy) (Entered: 03/20/2006)	March 20, 2006	March 20, 2006 PACER
136	MOTION for summary judgment filed byMichael Pritchett on behalf of Matt Blunt, Jeremiah Nixon Suggestions in opposition/response due by 4/24/2006 unless otherwise directed by the court (Attachments: # 1 Exhibit # 2 # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit)(Pritchett, Michael) (Entered: 03/20/2006) 1 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER 9 Exhibit View on PACER 10 Exhibit View on PACER 11 Exhibit View on PACER	March 20, 2006	March 20, 2006 PACER
137	ORDER. Signed by Judge Ortrie D. Smith on 03/30/2006. (Will-Fees, Eva) Modified on 3/31/2006 Copies mailed as directed(James, Carrie). (Entered: 03/30/2006)	March 30, 2006	March 30, 2006 PACER
138	ORDER. Signed by Judge Ortrie D. Smith on 04/14/2006. (Will-Fees, Eva) (Entered: 04/14/2006)	April 14, 2006	April 14, 2006 PACER
139	SUGGESTIONS in opposition to motion for summary judgment (SEALED) re 132 MOTION for summary judgment filed by Michael Pritchett on behalf of Defendants Matt Blunt, Jeremiah Nixon. Reply suggestions due by 5/1/2006 unless otherwise directed by the court (Attachments: # 1 Exhibit G-1# 2 Exhibit G-2# 3 Exhibit H)(Related document(s) 132 ) (Pritchett, Michael) (Entered: 04/14/2006)	April 14, 2006	April 14, 2006 PACER
140	MOTION for leave to file Suggestions in Opposition to Defendant's Motion for Summary Judgment in Excess of Fifteen Pages filed by James Michael Kirkland on behalf of all plaintiffs Suggestions in opposition/response due by 5/9/2006 unless otherwise directed by the court (Attachments: # 1 Exhibit A# 2 Exhibit 1# 3 Exhibit a to 1)(Kirkland, James) (Entered: 04/24/2006) 1 Exhibit A View on PACER 2 Exhibit 1 View on PACER 3 Exhibit a to 1 View on PACER	April 24, 2006	April 24, 2006 PACER
141	ORDER granting 140 motion for leave to file. Signed by Judge Ortrie D. Smith on 04/25/2006. (Will-Fees, Eva) (Entered: 04/25/2006)	April 25, 2006	April 25, 2006 PACER
142	SUGGESTIONS in opposition to motion for summary judgment re 136 MOTION for summary judgment filed by James Michael Kirkland on behalf of Plaintiffs Missouri Protection and Advocacy Services, Patrick W. Sharp, Bob Scaletty, Steven M. Prye. Reply suggestions due by 5/10/2006 unless otherwise directed by the court (Attachments: # 1 Exhibit 1# 2 Exhibit A to 1)(Related document(s) 136 ) (Kirkland, James) (Entered: 04/25/2006) 1 Exhibit 1 View on PACER 2 Exhibit A to 1 View on PACER	April 25, 2006	April 25, 2006 RECAP
143	MOTION to intervene pursuant to 28 U.S.C. 2403(a) filed by Sarah E. Harrington on behalf of United States of America Suggestions in opposition/response due by 5/12/2006 unless otherwise directed by the court (Harrington, Sarah) (Entered: 04/27/2006)	April 27, 2006	April 27, 2006 RECAP
144	REPLY SUGGESTIONS to motion re 132 MOTION for summary judgment filed by James Michael Kirkland on behalf of Plaintiffs Missouri Protection and Advocacy Services, Patrick W. Sharp, Bob Scaletty, Steven M. Prye. (Related document(s) 132 ) (Kirkland, James) (Entered: 05/01/2006)	May 1, 2006	May 1, 2006 PACER
145	SUGGESTIONS in opposition re 140 MOTION for leave to file Suggestions in Opposition to Defendant's Motion for Summary Judgment in Excess of Fifteen Pages "DEFENDANTS' REPLY TO PLAINTIFFS' SUGGESTIONS IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT" filed by Michael Pritchett on behalf of Defendants Matt Blunt, Jeremiah Nixon. Reply suggestions due by 5/24/2006 unless otherwise directed by the court (Related document(s) 140 ) (Pritchett, Michael) (Entered: 05/09/2006)	May 9, 2006	May 9, 2006 PACER
146	LETTER from Government of the District of Columbia Office of General Counsel regarding receipt of order of 3/30/06 (Russel, Jeri) (Entered: 05/12/2006)	May 12, 2006	May 12, 2006 PACER
147	MOTION for leave to file to file overlength brief filed by Sarah E. Harrington on behalf of United States of America Suggestions in opposition/response due by 6/30/2006 unless otherwise directed by the court (Harrington, Sarah) (Entered: 06/15/2006)	June 15, 2006	June 15, 2006 PACER
148	SUGGESTIONS in opposition to motion for summary judgment re 136 MOTION for summary judgment Brief in Defense of Constitutionality of Title II of ADA filed by Sarah E. Harrington on behalf of Intervenor United States of America. Reply suggestions due by 6/30/2006 unless otherwise directed by the court (Related document(s) 136 ) (Harrington, Sarah) (Entered: 06/15/2006)	June 15, 2006	June 15, 2006 PACER
149	ORDER granting 147 motion for leave to file. Signed by Judge Ortrie D. Smith on 06/20/2006. (Will-Fees, Eva) (Entered: 06/21/2006)	June 21, 2006	June 21, 2006 PACER

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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:

NDRN/Protection & Advocacy Organizations

ACLU Affiliates (any)

Bazelon Center

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