Case: Picon v. Morris

2:84-cv-00103 | U.S. District Court for the Eastern District of Missouri

Filed Date: Aug. 31, 1984

Closed Date: 1989

Clearinghouse coding complete

Case Summary

On August 31, 1984, prisoners at the Missouri Training Center for Men filed a class action lawsuit under 42 U.S.C. § 1983 against the Missouri Department of Corrections in the U.S. District Court for the Eastern District of Missouri. The class action was the product of three cases that were immediately consolidated. (Capraro v. Morris and Harris v. Morris) The plaintiffs alleged that their constitutional rights had been violated by the use of emergency segregation cells at the prison. On Ja…

On August 31, 1984, prisoners at the Missouri Training Center for Men filed a class action lawsuit under 42 U.S.C. § 1983 against the Missouri Department of Corrections in the U.S. District Court for the Eastern District of Missouri. The class action was the product of three cases that were immediately consolidated. (Capraro v. Morris and Harris v. Morris) The plaintiffs alleged that their constitutional rights had been violated by the use of emergency segregation cells at the prison.

On January 24, 1986, the parties entered into a consent decree, in which the defendants agreed not to use emergency segregation cells. On March 8, 1989, the U.S. District Court for the Eastern District of Missouri (Judge Robert Kingsland) found that the defendants had complied with the decree and dismissed the case.

Barry McBride was a prisoner at the Missouri Training Center for Men during the period of time governed by the consent decree, and in August 1987, the defendants housed him in an emergency segregation cell for twelve days. After his release from the prison in 1988, he filed a pro se lawsuit under 42 U.S.C. § 1983, alleging that his rights had been violated by the defendants' actions in violation of the consent decree. The U.S. District Court for the Eastern District of Missouri (Judge Richard Webber) denied McBride's claim. He appealed.

On May 16, 1991, the U.S. Court of Appeals for the 8th Circuit (Judge Clarence Arlen Beam, Judge Myron Bright, and Judge George Woods) reversed the district court's denial of McBride's claim and remanded the case, ordering the district court to reopen the case and enforce the consent decree. Picon v. Morris, 933 F.2d 660 (8th Cir. 1991).

On January 30, 1992, the U.S. District Court for the Eastern District of Missouri (Judge Catherine Perry) denied McBride's motion for contempt, ruling that it was moot. The court further ordered that the order previously dismissing the case would be modified only to the extent that the court would retain jurisdiction solely for the purposes of enforcement of modification of the ongoing consent decree. We have no further information on the proceedings in this case.

Summary Authors

Kristen Sagar (4/4/2006)

People


Judge(s)

Beam, Clarence Arlen (Nebraska)

Hamilton, Jean Constance (Missouri)

Webber, E. Richard (Missouri)

Attorneys(s) for Plaintiff

Bebout, Cawood K. (Florida)

Guinness, Robert (Missouri)

Warfield, David A. (Missouri)

Attorneys(s) for Defendant

Johnston, David (Missouri)

Neff, Deborah (Missouri)

Judge(s)

Beam, Clarence Arlen (Nebraska)

Hamilton, Jean Constance (Missouri)

Webber, E. Richard (Missouri)

Attorneys(s) for Plaintiff

Bebout, Cawood K. (Florida)

Guinness, Robert (Missouri)

Warfield, David A. (Missouri)

Attorneys(s) for Defendant

Johnston, David (Missouri)

Neff, Deborah (Missouri)

Documents in the Clearinghouse

Document

2:84-cv-00098

Docket (PACER)

Harris v. Morris

Aug. 21, 1984

Aug. 21, 1984

Docket

2:84-cv-00150

Docket (PACER)

Capraro v. Morris

Jan. 3, 1995

Jan. 3, 1995

Docket

2:84-cv-00103

Docket

April 28, 1999

April 28, 1999

Docket

90-01765

Reported Opinion

U. S. Court of Appeals for the Eighth Circuit

933 F.2d 660, 1991 U.S.App.LEXIS 9887

May 16, 1991

May 16, 1991

Order/Opinion

Resources

Docket

Last updated June 7, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

MEMORANDUM AND ORDER: by Honorable Catherine D. Perry Ordered that the motion of Barry McBride for contempt is denied as moot. Further Ordered that the 3/8/89 Order of Magistrate Judge Robert D. Kingsland ordering that the cause be dism8issed with prejudice is MODIFIED only to the extent that the Court shall retain jurisdiction solely for the purposes of enforcement of modification of the ongoing consent decree. (cc: all counsel) (FCE) (Entered: 02/20/1996)

Jan. 30, 1992

Jan. 30, 1992

2

MOTION by petitioners for an order to show cause why defts should not be adjudged in contempt of court (FCE) (Entered: 02/20/1996)

Aug. 17, 1995

Aug. 17, 1995

3

RESPONSE by respondents to motion for an order to show cause why defts should not be adjudged in contempt of court [2-1] (FCE) (Entered: 02/20/1996)

Sept. 8, 1995

Sept. 8, 1995

4

REPLY by petitioners to response to motion for an order to show cause why defts should not be adjudged in contempt of court [2-1] (FCE) (Entered: 02/20/1996)

Sept. 14, 1995

Sept. 14, 1995

ORDER by Honorable Jean C. Hamilton Case reassigned to Honorable E. R. Webber (cc: all counsel) (LSD) Modified on 02/13/1996 (Entered: 02/13/1996)

Feb. 8, 1996

Feb. 8, 1996

5

MAIL Returned [0-2] addressed to plaintiff Rodinald Lee Remington marked moved, left no address (FCE) (Entered: 02/20/1996)

Feb. 16, 1996

Feb. 16, 1996

7

LETTER from plaintiff Michael Capraro requesting copy of docket sheet. Copy of docket sheet forwarded. (FCE) (Entered: 02/26/1996)

Feb. 20, 1996

Feb. 20, 1996

6

MAIL Returned [0-2] addressed to plaintiff Frank A. Picon (FCE) (Entered: 02/26/1996)

Feb. 23, 1996

Feb. 23, 1996

8

MEMORANDUM AND ORDER: by Honorable E. R. Webber granting motion for an order to show cause why defts should not be adjudged in contempt of court [2-1] ; response to order show cause by 8/19/96 by defts why they should not be held in contempt of court for allegedly violating the consent decree. (cc: all counsel) (FCE) (Entered: 07/23/1996)

July 17, 1996

July 17, 1996

9

MAIL Returned [8-2] addressed to plaintiff Rodinald Lee Remington (Contacted Fulton Reception and Diagnostic Center, pltf released from PAROLL in August of 1991, whereabouts unknown) (FCE) (Entered: 07/24/1996)

July 19, 1996

July 19, 1996

10

LETTER from all defendants' attorney of record Deborah Neff indicating her withdrawl and substitution of David Johnston as counsel. (FCE) (Entered: 07/24/1996)

July 23, 1996

July 23, 1996

11

MOTION by defendants to extend time to reply to show cause for 30 days (FCE) (Entered: 08/21/1996)

Aug. 12, 1996

Aug. 12, 1996

12

RULED DOCUMENT by Honorable E. R. Webber granting motion to extend time to reply to show cause for 30 days GRANTED 8/22/96 [11- 1] (cc: all counsel) (ARL) (Entered: 08/29/1996)

Aug. 22, 1996

Aug. 22, 1996

13

MAIL Returned [11-1] addressed to plaintiff Frank A. Picon; Inmate moved and left no forwarding address (FCE) (Entered: 09/17/1996)

Sept. 12, 1996

Sept. 12, 1996

14

MOTION w/incorporated suggestions in sppt. by defendant to extend time to & including 14 days to file reply to Motion for order to show cause (LSD) (Entered: 09/18/1996)

Sept. 16, 1996

Sept. 16, 1996

15

ORDER by Honorable E. R. Webber granting motion to extend time to & including 14 days to file reply to Motion for order to show cause [14-1] (cc: all counsel) (FCE) (Entered: 09/24/1996)

Sept. 19, 1996

Sept. 19, 1996

16

RESPONSE to order show cause by defendants' [8-2]. (attachments are in a separate accordian folder) (LGK) (Entered: 09/30/1996)

Sept. 26, 1996

Sept. 26, 1996

18

MAIL Returned [15-1] addressed to plaintiff Frank A. Picon marked return to sender, inmate moved left no address (FCE) (Entered: 10/03/1996)

Sept. 30, 1996

Sept. 30, 1996

19

RESPONSE by all defendants to motion for order to produce exhibits [17-1], to motion for extension of time (30 days) to file reply [17-2] (FCE) (Entered: 10/04/1996)

Oct. 1, 1996

Oct. 1, 1996

20

MAIL Returned [15-1] addressed to plaintiff Rodinald Lee Remington marked "addressee unknown" (FCE) (Entered: 10/11/1996)

Oct. 4, 1996

Oct. 4, 1996

21

EMERGENCY MOTION by plaintiff Frank A. Picon, plaintiff Rodinald Lee Remington, plaintiff Michael Capraro, plaintiff Barry McBride for protection , and or for restraining order (FCE) (Entered: 10/11/1996)

Oct. 8, 1996

Oct. 8, 1996

22

MOTION by plaintiff Frank A. Picon, plaintiff Rodinald Lee Remington, plaintiff Michael Capraro, plaintiff Barry McBride for sanctions (FCE) (Entered: 10/11/1996)

Oct. 8, 1996

Oct. 8, 1996

23

RESPONSE by defendant Terry D. Morris, defendant Jimmie M. Jones, defendant Larry Dittmer, defendant Dan Henry, defendant Tom Anderson, defendant Milton S. Rucker, defendant Andy Thomas, defendant Unknown Lyons, defendant Rocky Martin to motion for sanctions [22-1] (FCE) (Entered: 10/11/1996)

Oct. 9, 1996

Oct. 9, 1996

24

RESPONSE by defendants to motion for protection [21-1], to motion for restraining order [21-2] (FCE) (Entered: 10/18/1996)

Oct. 16, 1996

Oct. 16, 1996

25

REPLY by plaintiff Frank A. Picon re [16-1] LEAVE TO FILE IN EXCESS OF PAGE LIMITATION IS GRANTED ERW. (CLA) (Entered: 11/26/1996)

Nov. 25, 1996

Nov. 25, 1996

26

MAIL Returned [25-1] addressed to plaintiff Rodinald Lee Remington. (FCE) (Entered: 12/12/1996)

Dec. 6, 1996

Dec. 6, 1996

27

MAIL Returned [25-1] addressed to plaintiff Frank A. Picon, released from FCI Memphis on Feb. 1990. (FCE) (Entered: 12/12/1996)

Dec. 10, 1996

Dec. 10, 1996

28

AFFIDAVIT of Norman E. Douglas (FCE) (Entered: 12/31/1996)

Dec. 27, 1996

Dec. 27, 1996

29

MEMORANDUM AND ORDER: by Honorable E. R. Webber denying motion for an order to show cause why defts should not be adjudged in contempt of court [2-1] denying motion for sanctions [22-1] denying as moot motion for order to produce exhibits [17-1], denying as moot motion for extension of time (30 days) to file reply [17-2] denying without prejudice motion for protection [21-1], denying without prejudice motion for restraining order [21-2]. A separate Judgment shall accompany this Memorandum and Order (cc: all counsel) (MCB) (Entered: 08/13/1997)

Aug. 12, 1997

Aug. 12, 1997

31

MAIL Returned [30-1], [29-1] addressed to plaintiff Rodinald Lee Remington (Contacted Fulton Reception & Diagnostic Center "Crystal", Deft completed sentence on 8/27/91 and is not currently on parole). (FCE) (Entered: 08/25/1997)

Aug. 21, 1997

Aug. 21, 1997

32

NOTICE OF APPEAL filed by plaintiff William Cooper re: the District Court decision ; [30-1], [29-1] fee: $ ifp case forwarded to pro se law clerks for IFP on Appeal review. (FCE) (Entered: 09/16/1997)

Sept. 8, 1997

Sept. 8, 1997

33

ORDER by Honorable E. R. Webber IT IS HEREBY ORDERED that w/in 30 days (by 10/24/97) from the date of this order, plf shall pay to this Court the full $105.00 filing and docketing fee for filing an appeal ; initial partial filing fee ddl set 10/24/97 (cc: all counsel) (FCE) (Entered: 09/25/1997)

Sept. 24, 1997

Sept. 24, 1997

34

MAIL Returned [33-2] addressed to plaintiff Rodinald Lee Remington (BAK) (Entered: 10/01/1997)

Sept. 29, 1997

Sept. 29, 1997

DELIVERED TO USCA - 1 Civil Appeal Cover Sheet, 2 Certified Copies of Notice of Appeal filed by William Cooper, 2 Certified Copies of Clerk's Docket entries, 2 copies of ORDER (ERW) filed 9/24/97 and 2 copies of ORDER/MEMO/ORDER (ERW) filed 8/12/97. Copy of NOA to Judge Webber. cc: NOA and Clerk's docket entries to parties. (FCE) (Entered: 09/30/1997)

Sept. 30, 1997

Sept. 30, 1997

ENTIRE FILE SENT TO (USCA) - # of Volumes: 4 (FCE) (Entered: 09/30/1997)

Sept. 30, 1997

Sept. 30, 1997

35

ORDER FROM USCA The appellant is directed to pay the $105.00 filing fees to the Clerk of the United States District Court by November 3, 1997. If the appellant fails to act by that date, the appeal will be dismissed for failure to prosecute. copy filed USCA number: 97-3578 (BAK) (Entered: 10/06/1997)

Oct. 3, 1997

Oct. 3, 1997

36

MANDATE W/OPINION ATTACHED from (USCA) dismissing the appeal for failure to prosecute [32-1] (cc: all counsel) (CMA) (Entered: 12/05/1997)

Dec. 2, 1997

Dec. 2, 1997

37

MAIL Returned [36-1] addressed to plaintiff Rodinald Lee Remington; attempt to locate addressee's new address was unsuccessful - has been released from prison - no forwarding address (BAK) (Entered: 12/11/1997)

Dec. 8, 1997

Dec. 8, 1997

38

ORDER FROM USCA copy filed USCA number: 97-3578. The suggestion for rehearing en banc is denied. The petition for rehearing by the panel is also denied. (BAK) Modified on 01/14/1998 (Entered: 01/12/1998)

Jan. 8, 1998

Jan. 8, 1998

GENERIC SCHEDULING EVENT ; Response to Court ddl satisfied

April 28, 1999

April 28, 1999

Case Details

State / Territory: Missouri

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Aug. 31, 1984

Closing Date: 1989

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoner challenging the use of emergency segregation cells

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Missouri Department of Corrections , State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1986 - 1989

Issues

General:

Administrative segregation

Disciplinary segregation

Crowding:

Crowding / caseload

Type of Facility:

Government-run