Case: Madden v. Kemna

5:89-cv-06092 | U.S. District Court for the Western District of Missouri

Filed Date: Oct. 16, 1989

Closed Date: 1991

Clearinghouse coding complete

Case Summary

On October 16, 1989, prisoners of the state of Colorado filed a lawsuit under 42 U.S.C. § 1983 against the Missouri Department of Corrections in the U.S. District Court for the Western District of Missouri. This case was consolidated with a similar case filed on November 15, 1989, by another set of prisoners of the state of Colorado. The prisoners had been transferred to the Western Missouri Correctional Center pursuant to a contract between the two states. They alleged that they had been un…

On October 16, 1989, prisoners of the state of Colorado filed a lawsuit under 42 U.S.C. § 1983 against the Missouri Department of Corrections in the U.S. District Court for the Western District of Missouri. This case was consolidated with a similar case filed on November 15, 1989, by another set of prisoners of the state of Colorado. The prisoners had been transferred to the Western Missouri Correctional Center pursuant to a contract between the two states. They alleged that they had been unconstitutionally deprived of their liberty without due process of law because they were being held in a protective custody segregation unit without being afforded the same general privileges provided to inmates in the general prison population, as required by Missouri prison regulations.

On May 11, 1990, the U.S. District Court for the Western District of Missouri (Judge Howard Sachs) ordered that the Colorado inmates should be treated by the same standards as the Missouri inmates, holding that the prison regulation requiring substantial equality of privileges among prisoners created a protected liberty interest, and that substantial disparity in treatment of prisoners deprived the prisoners of their protected interests. Madden v. Kemna 739 F.Supp. 1358 (E.D.Mo. 1990). On June 11, 1991, the court dismissed the case with prejudice, ordering each party to bear its own costs.

Summary Authors

Kristen Sagar (4/5/2006)

People


Judge(s)

Sachs, Howard Frederic (Missouri)

Attorneys(s) for Plaintiff

Emerson, Steven (Missouri)

Attorneys(s) for Defendant

Sheehan, Thomas Alan (Kansas)

York, Claudia J. (Missouri)

Judge(s)

Sachs, Howard Frederic (Missouri)

Attorneys(s) for Plaintiff

Emerson, Steven (Missouri)

Attorneys(s) for Defendant

Sheehan, Thomas Alan (Kansas)

York, Claudia J. (Missouri)

Documents in the Clearinghouse

Document

5:89-06099

Docket (PACER)

Swiler v. Ashcroft

June 19, 1991

June 19, 1991

Docket

5:89-cv-06092

Docket (PACER)

Sept. 16, 1998

Sept. 16, 1998

Docket
44

5:89-cv-06092

5:89-06099

Memorandum and Order

739 F.Supp. 1358, 1990 U.S.Dist.LEXIS 5791

May 11, 1990

May 11, 1990

Order/Opinion

Resources

Docket

Last updated July 23, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with JS44-c filed. $120.00 R# 52921 ( none Summons(es) issued) (Court Employee) (Entered: 11/15/1989)

Nov. 15, 1989

Nov. 15, 1989

Notice: Case referred to Pro Se office to Prisoner Pro Se (Court Employee) (Entered: 11/15/1989)

Nov. 15, 1989

Nov. 15, 1989

Receipt# 52921 $120.00 from Plts'. (Court Employee) (Entered: 11/17/1989)

Nov. 17, 1989

Nov. 17, 1989

3

MOTION by plaintiffs' for Emergency temporary restraining order (Court Employee) (Entered: 11/29/1989)

Nov. 28, 1989

Nov. 28, 1989

4

ORDER that the (1) Clerk of the Court is directed to mail each plt. (except plf Smit) an in forma pauperis affidavit; (2) pltfs are directed to complete and return such affidavits to this Court for filing; (3) The Clerk of the Court is directed to mail dfts a copy of plt Smith's motion filed 11/28/89; and (4) dfts' are directed to respond to plf. Smith's "motion for emergency injunction, restraining order" within 10 days from the date of this Order. by Judge Howard F. Sachs (cc: all counsel) (Court Employee) (Entered: 12/08/1989)

Dec. 5, 1989

Dec. 5, 1989

5

MOTION by plaintiffs for appointment of counsel (Court Employee) (Entered: 12/11/1989)

Dec. 8, 1989

Dec. 8, 1989

6

AFFIDAVIT of Randall Lee Smith regarding motion for appointment of counsel [5-1] (Court Employee) (Entered: 12/11/1989)

Dec. 8, 1989

Dec. 8, 1989

21

MOTION by plaintiff Randall Lee Smith for temporary restraining order (Court Employee) (Entered: 12/13/1989)

Dec. 8, 1989

Dec. 8, 1989

7

DECLARATION by plaintiff Dennis M Healey to proceed in forma pauperis. (Court Employee) (Entered: 12/12/1989)

Dec. 11, 1989

Dec. 11, 1989

8

DECLARATION by plaintiff Anthony Cicceralli to proceed in forma pauperis. (Court Employee) (Entered: 12/12/1989)

Dec. 11, 1989

Dec. 11, 1989

9

DECLARATION by plaintiff Starr K Swiler to proceed in forma pauperis. (Court Employee) (Entered: 12/12/1989)

Dec. 11, 1989

Dec. 11, 1989

10

DECLARATION by plaintiff Walter Schubert to proceed in forma pauperis. (Court Employee) (Entered: 12/12/1989)

Dec. 11, 1989

Dec. 11, 1989

11

DECLARATION by plaintiff James Flowers to proceed in forma pauperis. (Court Employee) (Entered: 12/12/1989)

Dec. 11, 1989

Dec. 11, 1989

12

DECLARATION by plaintiff Ronnie J Lobato to proceed in forma pauperis. (Court Employee) (Entered: 12/12/1989)

Dec. 11, 1989

Dec. 11, 1989

13

DECLARATION by plaintiff Clyde Fultz to proceed in forma pauperis. (Court Employee) (Entered: 12/12/1989)

Dec. 11, 1989

Dec. 11, 1989

14

DECLARATION by plaintiff Anthony Garcia to proceed in forma pauperis. (Court Employee) (Entered: 12/12/1989)

Dec. 11, 1989

Dec. 11, 1989

15

DECLARATION by plaintiff Alvin Coslett to proceed in forma pauperis. (Court Employee) (Entered: 12/12/1989)

Dec. 11, 1989

Dec. 11, 1989

16

DECLARATION by plaintiff Michael A Booker to proceed in forma pauperis. (Court Employee) (Entered: 12/12/1989)

Dec. 11, 1989

Dec. 11, 1989

18

DECLARATION by plaintiff Lance Furnari to proceed in forma pauperis. (Court Employee) (Entered: 12/12/1989)

Dec. 11, 1989

Dec. 11, 1989

19

DECLARATION by plaintiff Mark Garcia to proceed in forma pauperis. (Court Employee) (Entered: 12/12/1989)

Dec. 11, 1989

Dec. 11, 1989

20

DECLARATION by plaintiff Mark Ray to proceed in forma pauperis. (Court Employee) (Entered: 12/12/1989)

Dec. 11, 1989

Dec. 11, 1989

22

Claudia J. York & Thomas A. Sheehan ATTORNEY APPEARANCE for defendants. (Court Employee) (Entered: 12/13/1989)

Dec. 11, 1989

Dec. 11, 1989

23

MOTION by defendants to extend time to answer or otherwise respond to pltfs' complaint. (Court Employee) (Entered: 12/13/1989)

Dec. 11, 1989

Dec. 11, 1989

24

Suggestions by defendants in support of motion to extend time to answer or otherwise respond to pltfs' complaint. [23-1] (Court Employee) (Entered: 12/13/1989)

Dec. 11, 1989

Dec. 11, 1989

25

Response by defendants to Order of Dec.5,1989. (Court Employee) (Entered: 12/18/1989)

Dec. 14, 1989

Dec. 14, 1989

26

ORDER by Judge Howard F. Sachs (1) graned leave to proceed in forma pauperis. (2)J granting motion for appointment of counsel [5-1] (3) Steven G. Emerson is requested to enter his appearance on behalf of te pltfs'.(4) the clerk of the Court shall forward with this Order a complete copy of the case file to Mr. Emerson.(5) within 20 days of the date of this Order, plt. Martinez is to inform the Court whether he wishes to continue with this action; (6) failure of plt. Martinez to respond as ordered will result in his being severed and dismissed as a plt.(7) the Clerk of the Court is directd to mail plt. Martinez a copy of this Order by reg mail and cert. mail, return receipt . P 035 314 207. (cc: all counsel) (Court Employee) (Entered: 12/19/1989)

Dec. 15, 1989

Dec. 15, 1989

27

ATTORNEY APPEARANCE for plaintiffs' Steven G. Emerson of Morris & Larson. (Court Employee) (Entered: 12/28/1989)

Dec. 20, 1989

Dec. 20, 1989

28

ORDER by Judge Howard F. Sachs granting motion to extend time to answer or otherwise respond to pltfs' complaint. [23-1] due 1/5/90 for Ron Heien, for Mike Kemna, for Dick D Moore, for John D Ashcroft (cc: all counsel) (Court Employee) (Entered: 12/28/1989)

Dec. 22, 1989

Dec. 22, 1989

29

ANSWER by defendant John D Ashcroft, defendant Dick D Moore, defendant Mike Kemna, defendant Ron Heien (Court Employee) (Entered: 01/08/1990)

Jan. 5, 1990

Jan. 5, 1990

30

MOTION and suggestions by plaintiffs for leave to file FIRST AMENDED COMPLAINT (Court Employee) (Entered: 03/05/1990)

March 2, 1990

March 2, 1990

31

ORDER by Judge Howard F. Sachs granting motion for leave to file FIRST AMENDED COMPLAINT [30-1] (cc: all counsel) (Court Employee) (Entered: 03/12/1990)

March 8, 1990

March 8, 1990

32

FIRST AMENDED COMPLAINT Number of summon(s): -0- (Court Employee) (Entered: 03/12/1990)

March 8, 1990

March 8, 1990

33

MOTION by defendants to extend time to answer or otherwise respond to pltfs' First Amended Complaint. (Court Employee) (Entered: 03/20/1990)

March 19, 1990

March 19, 1990

34

ORDER by Judge Howard F. Sachs granting motion to extend time to answer or otherwise respond to pltfs' First Amended Complaint. [33-1] 3/30/90 for Ron Heien, for Mike Kemna, for Dick D Moore, for John D Ashcroft Answer due 3/30/90. (cc: all counsel) (Court Employee) (Entered: 03/23/1990)

March 21, 1990

March 21, 1990

35

Separate ANSWER by defendant Mike Kemna to First Amended Complaint. (Court Employee) (Entered: 04/03/1990)

March 30, 1990

March 30, 1990

36

MOTION of separte dft. Missouri Dept. of Corrections and Human resources to dismiss for failure to state a claim upon whic relief can be granted. (Court Employee) (Entered: 04/03/1990)

March 30, 1990

March 30, 1990

37

Suggestions in support of motion of separte dft. Missouri Dept. of Corrections and Human resources to dismiss for failure to state a claim upon whic relief can be granted. [36-1] (Court Employee) (Entered: 04/03/1990)

March 30, 1990

March 30, 1990

38

Reply suggestions by plaintiff to motion of separte dft. Missouri Dept. of Corrections and Human resources to dismiss for failure to state a claim upon whic relief can be granted. [36-1] (Court Employee) (Entered: 04/13/1990)

April 11, 1990

April 11, 1990

39

Writ of Habeas Corpus Ad Testificandum. (Court Employee) (Entered: 05/07/1990)

April 30, 1990

April 30, 1990

40

ORDER by Judge Howard F. Sachs that the persons to whom the Writ was directed shall comply with its terms. [39-1] (cc: all counsel) (Court Employee) (Entered: 05/07/1990)

May 1, 1990

May 1, 1990

41

MOTION by plaintiff for preliminary injunction (Court Employee) (Entered: 05/07/1990)

May 3, 1990

May 3, 1990

42

AFFIDAVIT of Lance L. Furnari, Jerry W. Savoy, Ronnie Lobato, Walter Schubert, Dennis M. Healey, Anthony Garcia, Robert Hamburg, Anthony Ccicceralli and Starr K. Swiler, Jr. (Court Employee) (Entered: 05/07/1990)

May 4, 1990

May 4, 1990

43

Suggestions by defendant John D Ashcroft, defendant Dick D Moore, defendant Mike Kemna, defendant Ron Heien in opposition motion for preliminary injunction [41-1] (Court Employee) (Entered: 05/11/1990)

May 9, 1990

May 9, 1990

44

MEMORANDUM AND ORDER: by Judge Howard F. Sachs granting motion for preliminary injunction [41-1]; that pending litigation, dfts Kemna & the director of the Dept of Corrections shall promptly, & w/in no more than 10 days (unless the time is extended by the court f/some compelling reason) comply w/the MO prison regulation mandating that the CO inmates presently housed in protective custody segregation at Cameron, MO, be afforded the same general privileges provided inmates in the general prison population, consistently w/existing available resources of the Dept of Corrections & the security needs to the Dept. It is further Ordered that, no measurable monetary harm to dfts being shown, (on the contrary, each day's delay inproviding relief adds to dfts' exposure to damges & attys' fees) & no material availability of plas' funds being established, no bond shall be required as a condition of preliminary injunctive relief in this case. (cc: counsel) (Phyllis Travers) (Entered: 05/11/1990)

May 11, 1990

May 11, 1990

45

MOTION by plaintiff to withdraw attorney of Morrison & Larson. (Court Employee) (Entered: 05/30/1990)

May 29, 1990

May 29, 1990

46

ATTORNEY APPEARANCE for plaintiff Steven G.Emerson of Watson,Ess,Marshall & Enggas. (Court Employee) (Entered: 05/30/1990)

May 29, 1990

May 29, 1990

47

ORDER TO SHOW CAUSE: by Judge Howard F. Sachs ORDERED that within 20 days the parties shall submit to the court a status of the pending claims.(cc: all counsel) (Court Employee) (Entered: 10/09/1990)

Oct. 9, 1990

Oct. 9, 1990

48

NOTICE by plaintiff Dennis M Healey of change of address to Centennial Correctional Facility, P.O. Box 600, Canon City, Co. 81215- 0600. (Court Employee) (Entered: 10/15/1990)

Oct. 15, 1990

Oct. 15, 1990

49

Plaintiffs' Status Report to the Court. (Court Employee) (Entered: 10/24/1990)

Oct. 23, 1990

Oct. 23, 1990

50

Dfts'Report of the Status of Pending Claims. (Court Employee) (Entered: 11/01/1990)

Oct. 29, 1990

Oct. 29, 1990

51

ORDER by Judge Howard F. Sachs ; Trial in KCMO 3/11/91 9:30a.m. voir dire and jury inst. due 3/7/91. (cc: all counsel) (Court Employee) (Entered: 12/10/1990)

Dec. 10, 1990

Dec. 10, 1990

52

CERTIFICATE by defendant of service of 1st interrogatories to pla's. (Court Employee) (Entered: 01/07/1991)

Jan. 3, 1991

Jan. 3, 1991

53

CERTIFICATE by defendant of service of Response to plfs' request for production of documents mailed. (Court Employee) (Entered: 02/13/1991)

Feb. 11, 1991

Feb. 11, 1991

57

CERTIFICATE by plaintiff of service of answers to dfts' 1st interrogatories. (Court Employee) (Entered: 02/20/1991)

Feb. 13, 1991

Feb. 13, 1991

54

REMARK: Plts' statement of anticipated length of trial (3-4 days) (Court Employee) (Entered: 02/19/1991)

Feb. 15, 1991

Feb. 15, 1991

55

EXHIBIT LIST by plaintiffs'. (Court Employee) (Entered: 02/19/1991)

Feb. 15, 1991

Feb. 15, 1991

56

Witness list submitted by plaintiffs'. (Court Employee) (Entered: 02/19/1991)

Feb. 15, 1991

Feb. 15, 1991

59

MOTION by defendants for leave to file Witness lists, exhibits lists and statement of anticaped length of trial out of time. (Court Employee) (Entered: 02/21/1991)

Feb. 19, 1991

Feb. 19, 1991

61

EXHIBIT LIST by defendant (Court Employee) (Entered: 02/21/1991)

Feb. 19, 1991

Feb. 19, 1991

62

REMARK: Dfts' Statement of anticipated length of trial. (3-4) days. (Court Employee) (Entered: 02/21/1991)

Feb. 19, 1991

Feb. 19, 1991

60

Witness list submitted by defendant (Court Employee) (Entered: 02/21/1991)

Feb. 21, 1991

Feb. 21, 1991

63

CERTIFICATE by plaintiff of service of answers to dfts' 1st interrogatories mailed. (Court Employee) (Entered: 02/26/1991)

Feb. 25, 1991

Feb. 25, 1991

64

ORDER by Judge Howard F. Sachs granting motion for leave to file Witness lists, exhibits lists and statement of anticaped length of trial out of time. [59-1] (cc: all counsel) (Court Employee) (Entered: 03/06/1991)

Feb. 27, 1991

Feb. 27, 1991

65

CONFERENCE MEMORANDUM (Settlement check due 6/10/91) (Court Employee) (Entered: 06/04/1991)

June 3, 1991

June 3, 1991

66

Stipulation of dismissal w/prejudice, w/each party to ber its own costs (Phyllis Travers) (Entered: 06/13/1991)

June 11, 1991

June 11, 1991

67

ORDER by Judge Howard F. Sachs granting stipulation of dismissal w/prejudice, w/each party to bear its own costs [66-1] terminating case (cc: all counsel) (Phyllis Travers) (Entered: 06/20/1991)

June 19, 1991

June 19, 1991

Case Details

State / Territory: Missouri

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 16, 1989

Closing Date: 1991

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners from Colorado who had been transferred to a Missouri correctional center from their home state, pursuant to a contract for imprisonment, alleging that they had been deprived of liberty interest without due process

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Missouri Department of Corrections (Cameron), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1990 - 0

Issues

General:

Administrative segregation

Classification / placement

Protective custody

Type of Facility:

Government-run