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Case: Parton v. White

2:81-cv-00019 | U.S. District Court for the Eastern District of Missouri

Filed Date: May 11, 1981

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 11, 1981, prisoners at the Missouri Training Center for Men in Moberly, Missouri, 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 plaintiffs, represented by Gateway Legal Services, alleged that their constitutional rights had been violated by overcrowding at the prison. On November 21, 1983, the parties entered into a consent decree, and on December 30, 1983, the U.S. …

On May 11, 1981, prisoners at the Missouri Training Center for Men in Moberly, Missouri, 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 plaintiffs, represented by Gateway Legal Services, alleged that their constitutional rights had been violated by overcrowding at the prison.

On November 21, 1983, the parties entered into a consent decree, and on December 30, 1983, the U.S. District Court for the Eastern District of Missouri (Judge John Regan) approved the consent decree and terminated the case.

On January 25, 1996, the defendants asked the court to modify the consent decree, allowing them to permanently increase the inmate population at the prison. On October 15, 1996, the U.S. District Court for the Eastern District of Missouri (Judge David Noce) permanently modified the consent decree, allowing the defendants to increase the prison population to 1800 prisoners. The plaintiffs appealed this decision.

On February 11, 2000, the U.S. Court of Appeals for the Eighth Circuit issued a per curiam opinion affirming the district court's decision to modify the consent decree. Parton v. White, 203 F.3d 552 (8th Cir. 2000). The plaintiffs appealed this decision, and on October 30, 2000, the U.S. Supreme Court denied the petition for writ of certiorari and refused to consider the case. Cooper v. White, 531 U.S. 963 (2000).

Summary Authors

Kristen Sagar (3/31/2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/19427288/parties/parton-v-white/


Judge(s)

Arnold, Richard Sheppard (Arkansas)

Beam, Clarence Arlen (Nebraska)

Noce, David D. (Missouri)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Chackes, Kenneth (Missouri)

Ferry, Michael (Missouri)

Wagner-Hilliard, Diana M. (Missouri)

Attorneys(s) for Defendant

Johnston, David (Missouri)

Judge(s)

Arnold, Richard Sheppard (Arkansas)

Beam, Clarence Arlen (Nebraska)

Noce, David D. (Missouri)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Chackes, Kenneth (Missouri)

Ferry, Michael (Missouri)

Wagner-Hilliard, Diana M. (Missouri)

Attorneys(s) for Defendant

Johnston, David (Missouri)

Documents in the Clearinghouse

Document

2:81-cv-00019

Docket (PACER)

May 22, 2001

May 22, 2001

Docket

98-01074

Reported Opinion

U. S. Court of Appeals for the Eighth Circuit

Feb. 11, 2000

Feb. 11, 2000

Order/Opinion

00-05824

Memorandum Decision

Cooper v. White

Supreme Court of the United States

Oct. 30, 2000

Oct. 30, 2000

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/19427288/parton-v-white/

Last updated Nov. 1, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

ORDER for notice to class of settlement (JKR)-w/Consent Decree filed by all parties and Judge Regan. Ordered that the defendants shall continuously between November 28, 1983 and December 9, post copies of this Order and the attached proposed Consent Decree at the Missouri Training Center for Men in all housing unit rotundas in the dining room, in the library, and in any other place necessary to afford all inmates an opportunity to read this Order and proposed Consent Decree. The defendants shall provide a separate copy of this Order and proposed Decree to each inmate who, for whatever reason, is unable to receive notice of the proposed Decree at the aforesaid places. Further Ordered that not later than December 19, 1983 any member of the aforesaid class may comment in writing on the proposed Consent Decree by filing by mail said written comments with the Clerk of this Court at the following address. Any such comment shall reference the Civil cause number of this action and shall be clear and concise (cc: all counsel) (FCE) (Entered: 10/31/1995)

Nov. 21, 1983

Nov. 21, 1983

2

CONSENT DECREE filed by all parties and Judge John K. Regan (cc: all counsel) (FCE) (Entered: 10/31/1995)

Dec. 8, 1983

Dec. 8, 1983

3

ORDER (JKR) filed; Ordered that the Consent Decree previously filed of record be and it is approved terminating case (cc: all counsel) (FCE) (Entered: 10/31/1995)

Dec. 30, 1983

Dec. 30, 1983

4

MOTION by defendant Carl White to withdraw attorney Deborah Neff SO ORDERED-DDNi; David Johnston has undertaken representation of the defts. (FCE) (Entered: 11/01/1995)

Oct. 25, 1993

Oct. 25, 1993

4

RULED DOCUMENT by Mag Judge David D. Noce granting motion to withdraw attorney Deborah Neff [4-1] David Johnston has undertaken representation of the defts. (cc: all counsel) (FCE) Modified on 11/01/1995 (Entered: 11/01/1995)

Oct. 25, 1993

Oct. 25, 1993

6

ORDER by Mag Judge David D. Noce the motion of defts. to sever Cause No. N81-19-C from Cause No. N89-18C is sustained (cc: all counsel) (FCE) (Entered: 11/01/1995)

Jan. 10, 1994

Jan. 10, 1994

6

MOTION by movant Brian Bruce Bey to intervene -LEAVE TO FILE GRANTED-DDN cc:parties (FCE) (Entered: 11/01/1995)

July 28, 1995

July 28, 1995

7

MOTION by defendants' to examine documents under seal (FCE) (Entered: 11/01/1995)

Aug. 11, 1995

Aug. 11, 1995

8

RESPONSE by defendants' to movant Bey's motion to intervene [6-1] (FCE) (Entered: 11/01/1995)

Aug. 16, 1995

Aug. 16, 1995

9

MINUTES: before Mag Judge David D. Noce; parties present for status hearing. Plaintiff's to file response to court re: inmate letters. Response due 30 days thereafter. Judge and attys to hold telephone conference at a later date audio reporter: Laura Dreon (FCE) (Entered: 11/01/1995)

Aug. 22, 1995

Aug. 22, 1995

MOTION by pro se plaintiffs' Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer for temporary restraining order , for preliminary injunction (FCE) (Entered: 05/21/1996)

Sept. 6, 1995

Sept. 6, 1995

MOTION by plaintiff Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer for leave to file plaintiff's opposition to defts' motion for emergency modification (FCE) (Entered: 05/21/1996)

Oct. 19, 1995

Oct. 19, 1995

MOTION by plaintiff Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer to intervene (FCE) (Entered: 05/21/1996)

Oct. 30, 1995

Oct. 30, 1995

MOTION by plaintiff Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer to amend , to alter judgment [2-1] (FCE) (Entered: 05/21/1996)

Oct. 30, 1995

Oct. 30, 1995

AMENDED MOTION by plaintiff Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer to amend , to alter judgment [2-1] (FCE) (Entered: 05/21/1996)

Nov. 8, 1995

Nov. 8, 1995

MOTION by plaintiff Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer for leave to supplement plaintiffs' Rule 59(e) motions (FCE) (Entered: 05/21/1996)

Nov. 14, 1995

Nov. 14, 1995

MOTION by plaintiff Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer to vacate order modifying consent decree (FCE) (Entered: 05/21/1996)

Dec. 22, 1995

Dec. 22, 1995

10

MINUTES: before Mag Judge David D. Noce court reporter: David Braun. Hearing to modify consent judgment. Testimony given. Court orders that the compliance report be submitted to Court on or about the 1st of the month, instead of bi-weekly. Parties shall file memoranda on the issue within 30 days. Parties to file responses within 10 days. (FCE) (Entered: 02/01/1996)

Jan. 25, 1996

Jan. 25, 1996

11

STATUS REPORT (Fourth Compliance Report - 12/14/95 through 1/4/96) by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy Black (FCE) (Entered: 02/01/1996)

Jan. 25, 1996

Jan. 25, 1996

12

LETTER (USCA) re: petition for writ of mandamus; Your case will be referred to a panel of judges for review. We will promptly advise you of the court's ruling in that regard. By copy of this letter, the district court clerk is requested to forward to this office a certified copy of the docket entries and order filed 10/20/95 in case number [2:81-CV-019]. (FCE) (Entered: 02/08/1996)

Feb. 2, 1996

Feb. 2, 1996

13

APPLICATION (copy) FOR WRIT OF MANDAMUS/PROHIBITION by plaintiff -- Judge's copy to be added to file. (FCE) (Entered: 02/09/1996)

Feb. 7, 1996

Feb. 7, 1996

14

ORDER by Mag Judge David D. Noce IT IS HEREBY ORDERED that the Clerk of the Court is directed to prepare a transcript of the hearing on the motion for a permanent modification of the consent decree held on January 25, 1996, in Moberly, Missouri. (cc: all counsel & Court Recorder) (FCE) (Entered: 02/14/1996)

Feb. 9, 1996

Feb. 9, 1996

POST HEARING BRIEF submitted by plaintiff Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer (FCE) (Entered: 05/21/1996)

Feb. 23, 1996

Feb. 23, 1996

15

RESPONSE to court by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy Black [10-1] titled Post-Hearing Memorandum in Support of Defts' Motion for Modification to Consent Decree (FCE) (Entered: 03/04/1996)

Feb. 27, 1996

Feb. 27, 1996

POST HEARING BRIEF submitted by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy Black (FCE) (Entered: 05/21/1996)

Feb. 27, 1996

Feb. 27, 1996

16

SUPPLEMENTAL affidavit of Ralf Salke by all defendants re response [15-1] to be added as exhibit B. (FCE) (Entered: 03/08/1996)

Feb. 28, 1996

Feb. 28, 1996

LETTER from United States Court of Appeals to District Clerk's Office RE: certified copies of docket sheets and Order dated 10/20/95-COPIES FORWARDED ON 3/15/96 (FCE) (Entered: 03/15/1996)

March 11, 1996

March 11, 1996

RESPONSE to court by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy Black fifth compliance report from January 4, 1996 thru 2/27/96 (FCE) (Entered: 05/22/1996)

March 18, 1996

March 18, 1996

18

TRANSCRIPT filed from Hearing on the motion for permanent modification held on 1/25/96 at the Moberly Correctional Center; audio reporter: dbraun (DLB) (Entered: 03/25/1996)

March 21, 1996

March 21, 1996

19

ORDER FROM USCA copy filed denying application for writ of mandamus [13-1] USCA number: 96-8015EMSL (FCE) (Entered: 04/08/1996)

March 28, 1996

March 28, 1996

20

FINANCIAL ENTRY re [14-1], re [18-1] Voucher No. 4460603554, paid $1,035.00 to Carter Transcription Services (FCE) (Entered: 04/08/1996)

March 28, 1996

March 28, 1996

ORDER by Mag Judge David D. Noce; the motion of inmate Brian Bruce for leave to intervene in this action is denied without prejudice. Further Ordered that the motion of inmates Jack Babcock, Larry Schaal, Kenneth Charron, Gerald Bereuter and William Cooper for the appointment of class representatives is denied without prejudice. Further that the motion of defts for leave to examine documents filed under seal is denied as moot. Further that the motion of inmates Jack Babcock, Larry Schaal, Kenneth Charron, Gerald Bereuter, and William Cooper for leave to file objections to the motion for modification is denied as moot. SEE ORDER FOR PARTICULARS (cc: all counsel) (FCE) (Entered: 05/22/1996)

March 29, 1996

March 29, 1996

21

REQUEST by witness Michael D. Moll for certified copy of transcript of his testimony on 1/25/96 in this case. Witness further requests that the court wave the "fifty cents per page copying charge". (FCE) Modified on 04/24/1996 (Entered: 04/17/1996)

April 16, 1996

April 16, 1996

RULED DOCUMENT by Mag Judge David D. Noce granting request for copy of witness testimony free of charge [21-1] (Judge Noce "OK'd" request on separate piece of paper that is attached to request, Certified copy of transcript pps 1, 314-335 of 1/25/96 hearing forwarded to pltf). (cc: all counsel) (FCE) (Entered: 04/24/1996)

April 16, 1996

April 16, 1996

RESPONSE to court by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy Black sixth compliance report for February 27, 1996 through March 27, 1996 with exhibits in support attached (FCE) (Entered: 05/22/1996)

April 19, 1996

April 19, 1996

23

RESPONSE to court titled (Deft's seventh compliance report for March 27, 1996 through April 27, 1996) by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy Black (FCE) (Entered: 05/20/1996)

May 13, 1996

May 13, 1996

24

MOTION by plaintiff Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer, plaintiff James King to withdraw attorney , for appointment of substitute counsel (FCE) (Entered: 06/10/1996)

June 5, 1996

June 5, 1996

25

STATUS REPORT EIGHTH COMPLIANCE REPORT FOR APRIL 27, 1996 THROUGH MAY 28, 1996 by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy (FCE) (Entered: 06/19/1996)

June 17, 1996

June 17, 1996

26

ORDER by Mag Judge David D. Noce granting motion to withdraw attorney [24-1] attorney Michael A. Ferry for King, attorney Michael A. Ferry for Ronald L. Boyer, attorney Michael A. Ferry for Robert Smith, attorney A. Ferry for James Bridgewater, attorney Michael A. Ferry for William Leonard, attorney Michael A. Ferry for Terry Walls, attorney Michael A. Ferry for Donald Yates, attorney Michael A. Ferry for Jack Babcock, attorney Michael A. Ferry for Michael Parton, granting motion for appointment of substitute counsel [24-2] IT IS FURTHER ORDERED that Kenneth M. Chackes is appointed to represent pltfs in this action. (cc: all counsel) (FCE) (Entered: 07/22/1996)

July 17, 1996

July 17, 1996

27

9TH STATUS REPORT by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy covering 5/28/96 through 6/28/96. (FCE) (Entered: 07/26/1996)

July 23, 1996

July 23, 1996

28

STATUS REPORT by all defendants covering 6/27/96 through 7/30/96 w/ attached affidavit of Michael R. Wright. (FCE) Modified on 08/21/1996 (Entered: 08/21/1996)

Aug. 16, 1996

Aug. 16, 1996

29

NOTICE by defendants' of emergency transport of inmates resulting in transcendence of population cap at MCC. (LGK) (Entered: 08/28/1996)

Aug. 26, 1996

Aug. 26, 1996

30

STATUS REPORT with attachments (placed in expansion folder) by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy Black (LSD) (Entered: 09/25/1996)

Sept. 20, 1996

Sept. 20, 1996

31

NOTICE of Emergency transport of inmates resulting in transcendence of population cap at MCC by defendants (LSD) (Entered: 09/26/1996)

Sept. 24, 1996

Sept. 24, 1996

32

LETTER from inmate Billy Mudd (FCE) (Entered: 09/26/1996)

Sept. 26, 1996

Sept. 26, 1996

33

ORDER by Mag Judge David D. Noce finding the motion to vacate order modifying consent decree [0-1] moot., finding the motion for leave to supplement plaintiffs' Rule 59(e) motions [0-1] moot., finding the motion to amend [0-1] moot., finding the motion to alter judgment [2-1] [0-2] moot., finding the motion to amend [0-1] moot., finding the motion to alter judgment [2-1] [0-2] moot., finding the motion to intervene [0-1] moot., finding the motion for leave to file plaintiff's opposition to defts' motion for emergency modification [0-1] moot., finding the motion for temporary restraining order [0-1] moot., finding the motion for preliminary injunction [0-2] moot. IT IS HEREBY ORDERED that the motion of the defendants for a permanent modification of the consent decree entered in this action is sustained. The MO Department of Corrections is hereby authorized to increase the inmate population at the Moberly Correctional Center to no greater number than 1,800, subject to the requirement that the Missouri Department of Corrections continue to make its written reports, as previously ordered, on a quarterly basis (every 3 months, beginning in January 1997), until December 31, 1997. Unless otherwise ordered by the court, the reporting condition shall cease. (cc: all counsel) (FCE) (Entered: 10/16/1996)

Oct. 15, 1996

Oct. 15, 1996

34

MEMORANDUM re: order [33-1] (FCE) (Entered: 10/16/1996)

Oct. 15, 1996

Oct. 15, 1996

35

DEFENDANTS' TWELFTH COMPLIANCE REPORT FOR 8/28/96 THROUGH 9/30/96 (FILED IN EXPANSION FOLDER) by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy w/ Affidavit of Michael R. Wright in Support marked Exhibit 1. (ARL) (Entered: 10/28/1996)

Oct. 22, 1996

Oct. 22, 1996

36

MOTION by plaintiff for new trial , or to alter or amend judgment [2-1] w/ memo in support (ARL) (Entered: 10/28/1996)

Oct. 25, 1996

Oct. 25, 1996

37

RESPONSE (INITIAL REPLY) by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy to motion for new trial [36-1], to motion to alter or amend judgment [2-1] [36-2] w/ Proposed Order attached. (ARL) (Entered: 11/07/1996)

Nov. 6, 1996

Nov. 6, 1996

38

ORDER by Mag Judge David D. Noce - pltff's mtn. for new trial is held in abeyance for 60 days from the date of this order with the parties directed to submit further information to the Court at the end of said period. taking under advisement on 1/8/97 the motion for new trial [36- 1], taking under advisement on the motion to alter or amend judgment [2- 1] [36-2] (cc: all counsel) (LAH) (Entered: 11/13/1996)

Nov. 8, 1996

Nov. 8, 1996

39

RESPONSE to court (Thirteenth Compliance Report For Sept. 30, 1996 through Oct. 28, 1996) fld. by defendant [38-1] (LAH) (Entered: 11/21/1996)

Nov. 21, 1996

Nov. 21, 1996

40

AFFIDAVIT of Ralph Weatherwax fld. (LAH) (Entered: 11/25/1996)

Nov. 22, 1996

Nov. 22, 1996

41

STATUS REPORT for Oct. 28, 1996 through Nov. 27, 1996 by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy Black (ARL) (Entered: 12/16/1996)

Dec. 16, 1996

Dec. 16, 1996

42

NOTICE OF EMERGENCY TRANSPORT OF INMATES RESULTING IN TRANSDENCE OF POPULATION CAP AT MCC by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell w/ Affidavit of George Lombardi in Support as Exhibit A. (ARL) (Entered: 12/24/1996)

Dec. 23, 1996

Dec. 23, 1996

43

REQUEST by plaintiffs for an investigation into the illegal medical matters taking place at the Moberly Correctional Center w/attached affidavit of G.W. Bereuter. (LAH) (Entered: 12/30/1996)

Dec. 24, 1996

Dec. 24, 1996

44

MOTION by plaintiffs and defendants to extend time by an additional 30 days in which to hold in abeyance pltffs' mtn. for new trial. (LAH) (Entered: 01/10/1997)

Jan. 10, 1997

Jan. 10, 1997

45

ORDER by Mag Judge David D. Noce granting motion to extend time by an additional 30 days in which to hold in abeyance pltffs' mtn. for new trial. [44-1] (cc: all counsel) (LAH) (Entered: 01/15/1997)

Jan. 10, 1997

Jan. 10, 1997

46

STATUS REPORT/COMPLIANCE REPORT for Nov. 27, 1996 through Dec. 30, 1996 fld. by defendants. (LAH) (Entered: 01/23/1997)

Jan. 22, 1997

Jan. 22, 1997

47

MOTION by plaintiffs and defendants to extend time by an additional 30 days in which to hold in abeyance pltffs' mtn. for new trial. (LAH) (Entered: 02/12/1997)

Feb. 12, 1997

Feb. 12, 1997

48

ORDER by Mag Judge David D. Noce granting motion to extend time by an additional 30 days in which to hold in abeyance pltffs' mtn. for new trial. [47-1] (cc: all counsel) (LAH) (Entered: 02/19/1997)

Feb. 13, 1997

Feb. 13, 1997

49

MOTION by plaintiffs for order to obtain a copy of hearing transcript (LAH) (Entered: 03/04/1997)

March 3, 1997

March 3, 1997

49

RULED DOCUMENT by Mag Judge David D. Noce granting motion for order to obtain a copy of hearing transcript [49-1]; SUSTAINED, THE CLERK SHALL PROVIDE PLTF'S CAOUNSEL WITH A COPY OF THE TRANSCRIPT, DDN 3/5/97. (cc: all counsel) (BDC) (Entered: 03/06/1997)

March 5, 1997

March 5, 1997

50

MOTION by plaintiffs' to file memo one day late with attached memo in support of their mtn for new trial or to alter or amend jgm; stipulation; exhibits 1-5,(no 6 or 7), 8-23 (KKS) (Entered: 03/21/1997)

March 18, 1997

March 18, 1997

51

MEMORANDUM in support by plaintiffs re: motion for new trial [36-1], re: motion to alter or amend judgment [2-1] [36-2] (KKS) (Entered: 03/21/1997)

March 19, 1997

March 19, 1997

52

JOINT STIPULATION of facts re [36-1], re [36-2] (defts' atty signature on faxed page) with attached exh 1-5, no 6 or 7, 8-23 (KKS) (Entered: 03/21/1997)

March 19, 1997

March 19, 1997

RULED DOCUMENT by Mag Judge David D. Noce granting plaintiffs' motion to file memo one day late [50-1] (cc: all counsel) (KKS) (Entered: 03/21/1997)

March 19, 1997

March 19, 1997

53

ORDER by Mag Judge David D. Noce IT IS HEREBY ORDERED that defts may have 30 days from the date of this order in which to file a response to ptlffs' pending motion for a new trial and supplemental memorandum. Pltffs' may have 15 days after receipt of defts' response in which to file a reply. Resp to court ddl 4/21/97 (cc: all counsel) (LAH) (Entered: 03/24/1997)

March 20, 1997

March 20, 1997

54

AFFIDAVIT of James Gilmore fld. (LAH) (Entered: 03/31/1997)

March 31, 1997

March 31, 1997

55

REPLY by defendant to response to motion for new trial [36-1], motion to alter or amend judgment [2-1] [36-2] (BDC) (Entered: 04/22/1997)

April 22, 1997

April 22, 1997

56

STATUS/COMPLIANCE REPORT for Dec. 30, 1996 through March 31, 1997 fld. by defendants. (LAH) (Entered: 05/01/1997)

May 1, 1997

May 1, 1997

57

MOTION by plaintiffs for leave to file reply memorandum out of time (LAH) (Entered: 05/15/1997)

May 15, 1997

May 15, 1997

58

NOTICE/MEMROANDUM TO CLERK by defendant with atatched Affidavit in opposition to pltf's Motion for New Trial or to Alter or Amend Judgment. (BDC) (Entered: 05/15/1997)

May 15, 1997

May 15, 1997

59

REPLY by plaintiff to response to motion for new trial [36-1], motion to alter or amend judgment [2-1] [36-2] LEAVE TO FILE GRANTED (DDN) (ARL) (Entered: 05/22/1997)

May 20, 1997

May 20, 1997

RULED DOCUMENT by Mag Judge David D. Noce granting motion for leave to file reply memorandum out of time [57-1] SUSTAINED (cc: all counsel) (ARL) (Entered: 05/22/1997)

May 20, 1997

May 20, 1997

60

LETTER from deputy clerk to Terry Walls in re: return of his document because it had no certificate of service, and this pltf has counsel. (BDC) (Entered: 06/03/1997)

June 3, 1997

June 3, 1997

61

SEVENTEENTH COMPLIANCE REPORT by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy for April 1, 1997 through 6/30/97 (ARL) (Entered: 07/22/1997)

July 21, 1997

July 21, 1997

62

MEMORANDUM AND ORDER: by Mag Judge David D. Noce denying motion for new trial [36-1], denying motion to alter or amend judgment [2-1] [36-2] (cc: all counsel) (BDC) (Entered: 10/01/1997)

Sept. 30, 1997

Sept. 30, 1997

63

STATUS REPORT for July 1, 1997 through September 30, 1997 fld. by defendants (LAH) (Entered: 10/20/1997)

Oct. 17, 1997

Oct. 17, 1997

64

NOTICE OF APPEAL filed by plaintiff Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer, plaintiff James King re: the District Court decision of October 15, 1996 #[34-1] and [33-1); and the District Court decision of September 30, 1997, [62-1] fee: $ no fee paid. (BDC) (Entered: 10/29/1997)

Oct. 28, 1997

Oct. 28, 1997

65

MOTION by plaintiff Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer, plaintiff James King to proceed in forma pauperis on appeal (BDC) (Entered: 10/29/1997)

Oct. 28, 1997

Oct. 28, 1997

66

ORDER by Mag Judge David D. Noce granting motion to proceed in forma pauperis on appeal [65-1]. It Is Further Ordered that the $105.00 filing and docketing fees for an appeal are waived. (cc: all counsel) (LAH) (Entered: 11/20/1997)

Nov. 20, 1997

Nov. 20, 1997

DELIVERED TO USCA - 1 Civil Appeal Cover Sheet, 2 Certified Copies of Notice of Appeal filed by Plaintiffs, 2 Certified Copies of Clerk's Docket entries 2 copies of ORDER (DDN) filed 11/20/97, 2 copies of ORDER/MEMO (DDN) filed 9/30/97 and 2 copies of ORDER/MEMO (DDN) filed 10/15/96. Copy of NOA to Judge Noce. cc: NOA, Clerk's Docket entries and USCA letter to parties. (FCE) (Entered: 12/04/1997)

Dec. 4, 1997

Dec. 4, 1997

67

MOTION by plaintiffs for new trial , or, to amend (BDC) (Entered: 12/09/1997)

Dec. 8, 1997

Dec. 8, 1997

68

NOTIFICATION AND BRIEFING SCHEDULE (USCA) FILED USCA #: 98-1074 - receipt of certified copies of notice of appeal and docket entries from the Clerk of USDC, together with the USDC's order granting leave to proceed on appeal in forma pauperis, and waiving payment of the filing and docketing fees. This is not the type of case in which district court counsel is automatically appointed. If you desire to apply for appointment of counsel, you should file a motion with this office by January 27, 1998. If no motion is filed, we will assume that appellants are proceeding pro se and will establish a briefing schedule. (LAH) (Entered: 01/23/1998)

Jan. 13, 1998

Jan. 13, 1998

69

DEFENDANTS' NINETEENTH AND FINAL COMPLIANCE REPORT FOR 10/1/97 THROUGH 12/31/97 w/ Exhibit 1 (ARL) (Entered: 01/27/1998)

Jan. 23, 1998

Jan. 23, 1998

70

LETTER from USCA: USCA # 98-1074EMSL sent with attached amended case caption. (BDC) (Entered: 03/09/1998)

March 6, 1998

March 6, 1998

71

ORDER FROM USCA copy filed Mr. Kenneth Chackes' mtn. to withdraw as counsel for the appellants is granted. Ms. diana Wagner of St. Louis, MO is hereby appointed to represent the appellants on appeal. (terminating attorney Kenneth M. Chackes for James King, attorney Kenneth M. Chackes for Ronald L. Boyer, attorney Kenneth M. Chackes for Robert Smith, attorney Kenneth M. Chackes for James Bridgewater, attorney Kenneth M. Chackes for William Leonard, attorney Kenneth M. Chackes for Terry Walls, attorney Kenneth M. Chackes for Donald Yates, attorney Kenneth M. Chackes for Jack Babcock, attorney Kenneth M. Chackes for Michael Parton) , adding attorney Diana M. Wagner for Jack Babcock, William Cooper, Larry Schall, Gerald Bereuteri. USCA number: 98-1074 (LAH) (Entered: 06/19/1998)

June 17, 1998

June 17, 1998

71

NOTIFICATION AND BRIEFING SCHEDULE (USCA) FILED USCA #: 98-1074 Mthd of Appndx Prep Due: 6/26/98 Transcript Due: 7/27/98 Designations Due: 6/26/98 from appellant & 7/6/98 from appellee and Briefs Due: 8/5/98 from appellant & appellee on 9/4/98; reply brief due 9/19/98. (LAH) (Entered: 06/19/1998)

June 17, 1998

June 17, 1998

72

ORDER FROM USCA copy filed USCA number: 98-1074EMSL - Appellants' motion for copies of hearing exhibits is granted. The Clerk of the District Court is directed to prepare the exhibits on or before 7/27/98. On the court's own motion , the deadline for appellants' brief is extended to 8/3/98. (DLB) (Entered: 07/28/1998)

July 21, 1998

July 21, 1998

73

EXHIBIT RECEIPT by plaintiffs of copies of exhibits filed in connection with consent judgment hearing held on 1/25/96 except for exhibit F (videotape). (DLB) (Entered: 07/28/1998)

July 27, 1998

July 27, 1998

TRANSCRIPT FORWARDED TO (USCA) - # of Volumes: 1 PROCEEDINGS: Consent Judgment Hearing held on 1/25/96 at the request of plaintiffs' counsel (DLB) (Entered: 07/28/1998)

July 27, 1998

July 27, 1998

74

Transmittal Acknowledgment from USCA, 1 transcript volumes USCA number: 98-1074EMSL (DLB) (Entered: 08/04/1998)

Aug. 3, 1998

Aug. 3, 1998

75

ORDER by Mag Judge David D. Noce denying plntf's motion for new trial [67-1] or to alter and amend the jgm [67-2] (cc: all counsel) (KKS) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

76

MOTION by plaintiff Jack Babcock, Larry Schaal, William Cooper, Gerald Bereuter for order an order to show cause why defendants should not be adjudged in contempt of court (DLB) (Entered: 11/13/1998)

Nov. 12, 1998

Nov. 12, 1998

77

RESPONSE by defendants to motion for order an order to show cause why defendants should not be adjudged in contempt of court [76-1] (DLB) (Entered: 11/23/1998)

Nov. 19, 1998

Nov. 19, 1998

78

REPLY by plaintiff to defendants' response to motion for order an order to show cause why defendants should not be adjudged in contempt of court [76-1] w/unnotorized affidavits of Larry Schaal and William Cooper. (DLB) (Entered: 12/01/1998)

Dec. 1, 1998

Dec. 1, 1998

79

MOTION by plaintiff for leave to supplement mtn for contempt with exhibits with attached exhibits A,B&C (KKS) (Entered: 12/22/1998)

Dec. 21, 1998

Dec. 21, 1998

80

MEMORANDUM AND ORDER: by Mag Judge David D. Noce denying without prejudice plntf's motion for leave to supplement mtn for contempt with exhibits [79-1] and plntf's motion for an order to show cause why defendants should not be adjudged in contempt of court [76- 1]; Case Stayed until disposition of pending appellate proceedings (cc: all counsel) (KKS) (Entered: 09/01/1999)

Aug. 27, 1999

Aug. 27, 1999

81

ENTIRE FILE SENT TO (USCA) - # of Volumes: 7,8,9 (LGK) (Entered: 09/09/1999)

Sept. 8, 1999

Sept. 8, 1999

Case Details

State / Territory: Missouri

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 11, 1981

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

prisoners at the Missouri Training Center for Men in Moberly, Missouri

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Missouri Department of Corrections (Moberly), 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: 1983 - None

Issues

Crowding:

Crowding / caseload

Pre-PLRA Population Cap

Affected Gender:

Male

Type of Facility:

Government-run