Case: Madden v. Kemna

Swiler v. Ashcroft

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

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

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

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

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)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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)

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

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)

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

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)

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

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

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)

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

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

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)

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

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)

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)

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)

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

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)

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

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)

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)

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)

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

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

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)

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)

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

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

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)

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

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

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

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

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

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

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)

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

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

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

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

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)

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

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

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)