Case 6:99-cv-03373-JCE Document 1-1 Filed 10/06/1999 Page 1 of 11

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION

JONATHAN MANGAN, individually,)

and on behalf of all other

1

persons similarly situated, 1

1

Plaintiff,

)

1

V.

1

)

CHRISTIAN COUNTY, MISSOURI, 1

by and through its Board of 1

County Commissioners, ROY

1

MATTHEWS, TOM CHUDOMELKA, and 1

BILL BARNETT, in their

official capacities; and

I

STEVE WHITNEY, Sheriff of

1

Christian County, in his

1

official capacity.

1

1

Defendants.

1

Case No.
. CIVIL ACTION CLASS ACTION

COMPLAINT PRELIMINARY STATEMENT Plaintiff is an inmate of the Christian County Jail in Ozark, Missouri. He brings this action seeking to rectify unconstitutional conditions of confinement at the jail. Plaintiff seeks declaratory and injunctive relief pursuant to the First, Fifth, Eighth, and Fourteenth Amendments to the United States Constitution.

Case 6:99-cv-03373-JCE Document 1-1 Filed 10/06/1999 Page 2 of 11
JURISDICTION 1. This suit is brought pursuant to 42 U.S.C. 5 1983. Jurisdiction is conferred on this Court by 28 U.S.C. § 1343(3) and (4), and by 28 U.S.C. §1331 for all federal claims generally.
VENUE 2. Venue is properly found in this district under 28 U.S.C. § 1391 inasmuch as the Defendants are situated in this District and the cause of action of the Plaintiff arose in this District.
PLAINTIFFS 3. Jonathan Mangan is an adult citizen of the United States. Mr. Mangan is currently incarcerated in the Christian County Jail [hereinafter, "the jail"], in Ozark, Missouri as a post-trial detainee awaiting sentencing.
CLASS ACTION 4. Plaintiff brings this action on his own behalf and on behalf of all other inmates of said jail, both present and future. This action satisfies all of the requirements of Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure. The class consists of all persons who are now or in the future will
2

Case 6:99-cv-03373-JCE Document 1-1 Filed 10/06/1999 Page 3 of 11
be incarcerated in the jail. Class status is sought for the purposes of declaratory and injunctive relief only.
5. The class is so numerous that joinder of all members is impractical. The population of the jail changes daily as inmates are detained, committed, transferred, or released.
6. There are questions of law and 'fact common to the class including, but not limited to, Defendants' subjecting all members of the class to similar unconstitutional conditions, practices, policies, and treatment at the jail.
7. The conditions, policies, practices, and treatment challenged in this complaint apply with equal force to the Plaintiff and all members of the class so that the claims of the Plaintiff are typical of those of the class.
8. The representative Plaintiff will fairly and adequately protect the interests of the class because he possesses the requisite personal interest in the subject matter of this suit.
9. The Defendants, in instituting and carrying out the policies and practices complained of herein, have acted on grounds generally applicable to the class, thereby making appropriate final declaratory and injunctive relief with respect to the class as a whole.
3

Case 6:99-cv-03373-JCE Document 1-1 Filed 10/06/1999 Page 4 of 11
DEFENDANTS 10. Defendant Christian County, Missouri, is a political subdivision of the State of Missouri organized in 1859, and is a body corporate subject to suit. Through its governing authority, Christian County holds and possesses the power to levy taxes, initiate bond issues, and otherwise raise revenue and appropriate funds necessary for the maintenance of the Christian County Jail. 11. Defendant Board of County Commissioners of Christian County, Missouri, is the governing body of Christian County and is a "person" for purposes of 42 U.S.C. § 1983. The County has established a jail, and the Board of County Commissioners is by law responsible for the operation of, and conditions within the Christian County Jail. The County Commissioners -- Roy Matthews, Tom Chudomelka, and Bill Barnett -- are sued in their official capacities only. 12. Defendant Sheriff Steve Whitney is vested by law with the responsibility to care for and supervise the people incarcerated in the Christian County Jail, and to administer said jail. He is sued in his official capacity only.
FACTS 13. The Christian County Jail presently is used to confine both male and female adult pre-trial and post-trial detainees,
4

Case 6:99-cv-03373-JCE Document 1-1 Filed 10/06/1999 Page 5 of 11
and convicted and sentenced inmates of Christian County, as well as state prisoners pending their transfer to other facilities. The jail has a total of eight jail cells and eighteen beds to house inmates.
14. On average, there may be between 22-26 inmates housed at the jail at any one time. Over the course of a year, some inmates may be confined less than one week at the jail; some inmates may be confined several weeks at the jail; and some inmates may be confined several months at the jail. Those who are housed at the jail and number of those who are housed at the jail changes daily, and in a given year, it is estimated that between 1500 to 2000 people are incarcerated at the jail.
Fire Safety 15. The jail lacks adequate fire safety mechanisms and the
jail has not conducted adequate fire drills. The jail does not have a written fire safety plan.
16. The jail is located on the third floor of a three story structure. There is no fire escape or emergency exit at the jail, and there is only one door leading into or out of the entire facility. This creates a safety hazard for inmates at the jail.
5

Case 6:99-cv-03373-JCE Document 1-1 Filed 10/06/1999 Page 6 of 11
Inadequate Staffing and Supervision 17. The physical design and use of the jail, combined with
the use of limited staffing for the monitoring of inmate activity, gives rise to a known and continuing danger to the safety and security of the inmates.
18. Nighttime and weekend supervision is inadequate. At night and/or on weekends there is usually only one guard on duty at the jail, usually not within the cell area, and there is no call button in the cell to alert guards of emergencies. At times, there are no guards available to supervise the inmates.
19. At night and/or on weekends, jail staff fails to adequately inspect inmates, creating a health and safety hazard to those incarcerated at the jail.
Exercise 20. The jail fails to provide any recreation time for
aerobic and anaerobic exercise to inmates. 21. Inmates are confined in their cells at all times,
except to take three five-minute showers per week, make court appearances, visit with their attorneys, and to visit with nonattorneys for up to fifteen minutes on visitation night.
6

Case 6:99-cv-03373-JCE Document 1-1 Filed 10/06/1999 Page 7 of 11
Overcrowding and Space
22. The jail has inadequate space for the number and types
of inmates that it houses. This results in overcrowding, improper screening and classification of inmates, and some inmates having to sleep on the floors of their cells.
Ventilation 23. Ventilation in the jail is inadequate, resulting in an
unhealthy accumulation of stale air and odor.
Lishtinq 24. Certain portions of the jail, including some cells, are
not adequately illuminated, creating health risks and causing headaches and eyestrain to those incarcerated there.
Plumbing 25. Plumbing is inadequate in that water inside the cells
is coated with an unknown film substance and there is no hot water in any cell, causing certain health risks.
Bedding 26. The bedding provided to inmates is inadequate.
Mattresses provided to inmates are torn, leaving the cotton
7

Case 6:99-cv-03373-JCE Document 1-1 Filed 10/06/1999 Page 8 of 11
within the mattresses exposed, and causing health risks to inmates.
Food Service 27. The food served to inmates is nutritionally inadequate,
and food preparation is not adequately sup.ervised by staff. Food is not distributed in a sanitary manner.
Medical Care 28. Medical care at the jail is inadequate, including
medical screening, medical procedures and protocol, medical treatment, and response to emergencies.
Access to the Courts 29. Inmates, including the named plaintiff, are denied
reasonable access to a law library in order to petition for redress of grievances. The law library contains only the Missouri Statutes from 1994, at least one volume of which is missing.
Due Process 30. The jail lacks adequately posted written rules and
regulations for inmate behavior and discipline,
8

Case 6:99-cv-03373-JCE Document 1-1 Filed 10/06/1999 Page 9 of 11
31. Written rules are supplied to inmates only upon request of an inmate individually. Rules that are supplied to inmates are inadequate because some pages are torn and some pages are missing. This results in the arbitrary infliction of punishment by jail personnel because inmates do not receive fair notice of a rule before being sanctioned.
CLAIM FOR RELIEF 32. Plaintiff repeats and realleges the allegations made in Paragraphs 1 through 31 as if fully set forth in this paragraph. 33. Based on the facts alleged above, plaintiff asserts as his claim for relief that defendants have deprived him and the class of rights secured by the First, Fifth, Eighth, and Fourteenth Amendments to the United States Constitution, specifically, but not exclusively, the right to due process of law, the protection against cruel and unusual punishment, and the right of access to the courts. Relief is sought pursuant to 42 U.S.C. § 1983.
PRAYER FOR RELIEF WHEREFORE, plaintiff respectfully prays that this Court: A. Assume jurisdiction of this cause. B. Determine that this action will be maintained as a class action pursuant to Rule 23 Fed. R. Civ. Proc., for the purpose
9

Case 6:99-cv-03373-JCE Document 1-1 Filed 10/06/1999 Page 10 of 11
of issuing declaratory and injunctive relief, such class consisting of all present and future inmates of the Christian County Jail.
C . Issue preliminary and permanent injunctive relief, pursuant to Rule 65 Fed. R. Civ. Proc., enjoining defendants, and all those acting in concert with them now and in the future, from depriving plaintiff and class their rights under the First, Fifth, Eighth, and Fourteenth Amendments to the United States Constitution.
D. Issue preliminary and permanent injunctive relief, including but not limited to, requiring that the defendants, and all those acting in concert with them now and in the future, provide to the plaintiff and class (1) a safe and secure environment, (2) adequate emergency exits and/or fire escapes, (3) adequate staff for twenty-four hour supervision, (4) adequate recreation time outside of their cells, (5) adequate space to accommodate all inmates in beds and to accommodate proper classification and segregation of inmates, (6) adequate ventilation, lighting, plumbing, and bedding, (7) adequate food service, (8) adequate medical care, (9) adequate access to legal materials, (10) adequately posted written rules and regulations for inmate behavior and discipline.
E. Order that a hearing be held on the issue of preliminary injunctive relief.
10

Case 6:99-cv-03373-JCE Document 1-1 Filed 10/06/1999 Page 11 of 11
F. Issue final declaratory relief pursuant to 28 U.S.C. §§ 2201 and 2202, declaring that defendants have violated the plaintiff's and class' rights under the First, Fifth, Eighth, and Fourteenth Amendments to the United States Constitution.
G. Award Plaintiff reasonable attorneys' fees and the costs of this action pursuant to 42 U.S.C. § 198.8.
H. Grant such additional and further relief as the court deems just under the circumstances.
Respectfully submitted,
MO. Bar Reg. #43134. Legal Director American Civil Liberties Union Foundation of Kansas & W. Missouri 1010 West 3gth Street, Suite 103 Kansas City, MO 64111 Tel. (816) 756-3113, ext. 305 Fax (816) 756-0945 ATTORNEY FOR PLAINTIFF
V
PAUL W. REBEIN MO. Bar Reg. #43438 Shook, Hardy & Bacon, L.L.P. 84 Corporate Woods 10801 Mastin, Suite 1000 Overland Park, KS 66210-0895 Tel. (913) 451-6060 Fax (913) 451-8879 ATTORNEY FOR PLAINTIFF
11

 
 JS 44 (Rev. 12196)

Case 6:99-cv-03373-JCE Document 1-2 Filed 10/06/1999 Page 1 of 1
CIVIL COVER SHEET
of norsu~tinltngand~ preedws or other pap315 as requlrec
liclalCon)enmcx,oftheUnitedStaWmSeptsmber 1974. Is required ti tne “se RU’X-IONS ON THE REVERSE OF THE FORM.)
DEFENDANTS

Jonathan Mangan

Christian County, Missouri; Roy Matthews; Tom Chudomelka; Bill Barnett; Steve Whitney

(b)~~wR~st~~~~~~~~~m~ Christian
(EXCEPT IN U.S. PLAINTIFF CASES)

C~UN~YOFRESIDENCE~~FIRSTLISTEDDEFENDAW

mistian

(IN U.S. PlAlNTlFF CASES ONLY)

N O T E : IN LAND CONDEMNATlON CASES. USE WE LOCATlON TRACT OF LAND I N V O L V E D .

OF THE

(c) AnORNMS (FIRM NAME. ADDRESS AND TELEPHONE NUMBER) Eddie M. Lorenzo

ACLU of Kansas h W. Missouri

1010 West 39th Street, Ste. 103

Kansas City, MO 64111

(816) 756-3113 x305

ATI’CRNMS (IF KNCWN)

II. BASIS OF JURlSDlCTlON

(PUCE Ah ‘X- IN ONE Box ONLY)

0 1 U.S. GOVe4Tlment
Plalneff

3 Fededou&on
% (U.S. Govemment Not a Party)

I III.

C l ZENSHIP OF PRINCIPAL PARTIES (PLACE AN ‘x- IN ONE BOY FCR PLAINTIFF

>wersiiy Cases Only)

AND ONE BOX FOR DEFENMNT)

Citizen of This State

PTF OEF

01

01

lnxwpofated of Princi Place ol Busmess In This kzte

PTF OEF 04 00

0 2 US. Government Defendant

q .i Diversity
(Indicate Citizenship of m in Item III)

CitizenofAnotherSMe 0 2 0 2
citizen or Subject of a 0 3 q 3 Foreign Count3-y

lnoorporated and Pnnctpal Place 0 5 0 5
of Susmess In Another State

Foreign Nation

06 06

IV. ORIGIN
p ;sing

0 2 Removed from State court

(PLACE AN X” IN ONE BOX ONLY

0 J Remanded from 0 1 Reinstated or

Appellate court

Reopened

Transferred tram 0 6 anoCher distnct
@=W

0 6 Mutbdistrict Litfgation

Appeal to Distnct Judge from
“‘J”33‘E%

v. NATURE OF SUIT (PLACE AN X IN ONE BOX ONLYI -I

CONTRACT

TORTS

FORFEITURUPENALTY BANKRUPTCY

OTHER STATUTES

0 110 Inruranw

0 120 Mulnr
0 lso MllHr A.3
0 140 NegowbH Inrrrwnem

0 150 RecovofyofcwrpAynu”t & Entorwment d ~uagnwn, I

0 151 Mullcue Acl
0 162 Ruvwy d mwn0a SltJo.“l Loans
(EXCI Varsr~nsl

0

1SJ

Roefcvoaveerryano5f

Omwymem
Benems

0 160 Stcckholaen Suns

0 0

1.0 185

aCohrnuramconprrrawcu! cl

urartm,

REAL PROPERTY

0 210 Lana Conaemnulon 0 220 Foreclosure 0 2% R*M W & E~ectmem 024Q TOR.lO~ 0 246 To” Proaun ~!~&ky 0 260 All CXMr FM Proany

0 5P1E0RSAWIrWALn#INJURY
0 316 A MI’W M PrcQucl
o=%%rUma
q SW ZErnployrn 0 340 h4a”ne 0 245 Marl”+ Produn
UatJllny
0 360 MolOr Vehkzle
0 255 Motor vwwm Prcala LwMy
0 m arur ~~ooti I~IUV
CIVIL RIGHTS
0 441 vcilng 0 442 Emp(oynwnl OWWng/
kcan-
PO4M 44 _ aMrcb.+ Runts

0 seP2f%F6wOsoNnAuL INJUR-Y
Injury 0 a . 6 Mod MupractIc-e
+Ynu l”py PrMun Llwlny
0 Jn Asteuos Rno”U
l”pJry PrcdUcl Uatdlny

CLRSOML PROPERTY
0 a70 anof Fraua 0 371 Truth ln LendIng
0 3~0 aMf ~OOMI
ProPuv Dunage
0 aas Propeny
Prcuucl Uaollily Damage
PRISONER PETITIONS
0 610 h+nlOrtS to vacue .s.nlmce

WEAa cQaPU&

0 UQ Goneru

000

666026440

DnIh RnUly CMI 64~Ou~1m Rights

6

ahor

0 656 Prnon COnanOn

0 6210 UAhgerwr nFuofee3 4

0

Drug

0 622 APPau 28 USC 156

0 625 of DrRugOW21eaUSSuCzun661 0 423 Wnharwu

Propny

26 USC 157

0 CIO Llauor urn

0 MO RR 6Truck

PROPERTY RIGHTS

0 660 Alr(l”e Ro~g, 0 o.0 oxuDu~o”u
Suetymeann
0 oh2 aner

0 020 Cwvrlgms 0 L)o Fm.“l
08401rMwn~nl

LABOR

SOCIAL SECURITY

0 710 Fur L&or Sllnauas
Act
0 720 txwri?dgml Ruu~ons
0 720 LaDorlMgml Repomng
a Dlwosure Act
0 740 Rubray Lux,r ACI
0 TIo awl w0r Lnlgalon
0 781

0 0.1 HU(l3c5fq 0 082 B&k Lung (923)
0 862 DIWCIMWw 1405(g)) 0 844 sslo Tnk XVI 0 U5 RSI I*M(g))
FEDERAL TAX SUITS
0 170 ~~w~,umnf

En&l&l”

D 671 l$S”~?hw&uly

0 804 Energy Allo~llon ACT
0 895 Freeaom or I”?Orr”lW~n Acl

VI. CAUSE

ACTION (cm 7~ US CM. STAW7-E UNDER WHICH YOU ARE FluHo AND WRITE BRIEF STA,-E,,,ENT 0~ a”~
m NOT Cm JURtKXCTICNAl STATUTES UNLESS DlVERSrrY,

42 U.S.C. Sec. 1983 This is a constitutional challenge to jail connditions in Christian County, Missouri.

VII. REQUESTED IN

CHECK IF THIS IS A CLASS ACTION * OEMAND ’

COMPLAIN-l!

UNDER FR.C.P 23

/[\\L/llLtl& Ql,QC

1

rl

1

VIII. RELATED CASE(S) (SW Inmtions): JUDGE

IF ANY

DATE .

OF RECORD

CL[G~%~;~Y CHECK YES only lt demanded m complamt.

rglicl; JURY DEMAND:

DYES

DOCKET NUMBER

FOR OFFICE USE ONLY

%CE\PT I:

AMOUNT

APPLYING IFP

JUDGE

MAO. J U D G E

 
 Case 6:99-cv-03373-JCE Document 4 Filed 10/13/1999 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FO WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION

JONATHAN MANGAN, individually and on behalf of all other persons similarly situated,

Plaintiff,

>

>

vs.

>

)

CHRISTIAN COUNTY, MISSOURI, et al.,

)

) Defendants. )

No. 99-3373-CV-S-RGC-ECF

ORDER

On October 6, 1999 plaintiff filed an individual action and on behalf of all other persons
similarly situated against Christian County, Misosuri and through its Board of County
Commissioners, Roy Matthews, Tom Chudomelka, in their official capacities, and Steve Whitney,
Sheriff of Christian County, in his official capacity about the jail conditions. Plaintiff also filed
a motion for class certification under Rule 23(a) of the Federal Rules of Civil Procedure. Rule
23(a) provides:
(a) One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.
Rule 23(c)(2) provides in part:
(c) In any class action maintained under subdivision (b)(3), the court shall direct to the members of the class the best notice practicable under the circumstances, including individual notice to all members who can be identified

Case 6:99-cv-03373-JCE Document 4 Filed 10/13/1999 Page 2 of 2

through reasonable effort. The notice shall advise each member that (A) the court will exclude the member from the class if the member so requests by a specified date; (B) the judgment, whether favorable or not, will include all members who do not request exclusion; and (C) any member who does not request exclusion may, if the member desires, enter an appearance through counsel.
Since the jail conditions are challenged, the class should be certified. It includes all members who
are inmates or who have been inmates during the past three years in the Christian County,
Missouri jail.
The plaintiff is to inform class members of Rule 23(c)(2). By a specified date, the date of
December 23, 1999 should be used.
It is
ORDERED the motion to certify the class is granted and the class is certified as a 23(a)
class; and it is further
ORDERED plaintiff is to inform all class members immediately of the existence of this
class action suit,

Date: a

“)!_A dL L-7
i, ,j \/

c&(j

& I. ‘;

L-

/i.

RUSSELL G. CLARK, SENIOR JUDGE

UNITED STATES DISTRICT COURT

 
 Case 6:99-cv-03373-JCE Document 30 Filed 02/03/2000 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION

JONATHAN MANGAN, individually, and on behalf of all other persons similarly situated,
Plaintiff,
vs.
CHRISTIAN COUNTY, MISSOURI, by and through its Board of County Commissioners, ROY MATTHEWS, TOM CHUDOMELKA, and BILL BARNETT, in their official capacities; and STEVE WHITNEY, Sheriff of Christian County, in his official capacity.
Defendant.

Case No. 99-3373-CV-S-AE-ECF

ORDER APPROVING FINAL CONSENT DECREE The Plaintiff has brought an action, individually and on behalf of all other persons similarly situated, against Defendants claiming violations of rights secured by the First, Fifth, Eight, and Fourteenth Amendments to the United States Constitution, including deprivation of due process; lack of protection from cruel and unusual punishment; and privation of access the courts. This Final Consent Decree constitutes a final judgment binding on all parties to this action. Wherefore, it is hereby ORDERED, ADJUDGED AND DECREED that: (1) Defendants shall: a. Install a fire escape and effectuate a fire emergency plan approved by the Fire Marshall; b. Allow monthly unannounced spot checks of jail conditions by a person designated by Plaintiff;
224260.1

Case 6:99-cv-03373-JCE Document 30 Filed 02/03/2000 Page 2 of 4

C. Maintain a staff of at least six jailers and require at least one jailer to be on duty twenty-four hours per day, seven days a week, who will conduct welfare checks every half hour;

d. Install new bedding in all jail beds;

e. Ensure all cells have adequate lighting at all times;

f. Consult a registered dietitian who will approve the jail menu on a monthly basis;

g. Arrange for a registered nurse to conduct weekly visits to evaluate inmate health issues;

h. Provide copies of the Rules and Regulations of the Christian County Jail to all inmates;

i.

Install and maintain emergency call buttons and/or telephones in each

cell; and

j.

Cover or remove ceiling grates so as to protect against inmate suicide

attempts.

(2) Defendants shall not:
a. Allow more than eighteen people to be incarcerated in the jail at any time. Furthermore, Defendants shall not incarcerate more than two persons per cell in cells one through seven, and no more than four persons in cell eight.

b. Hold any person in the jail for more than a total of twenty-one days.

(3) Defendant Sheriff shall:
a. Certify on the first Monday of each month that the Defendants have met conditions agreed to herein and provide to Plaintiffs counsel the certification and jail population logs.

In entering this Final Consent Decree, the Court finds that it complies with the

limitations set forth in 18 U.S.C. 9 3626.2(a). Specifically, the Court finds, based upon the evidence

adduced at the hearing on February 3,200O as follows:

224260.1

-2-

Case 6:99-cv-03373-JCE Document 30 Filed 02/03/2000 Page 3 of 4
1. The relief entered herein is narrowly drawn, extends no further than necessary to correct the alleged violations of Federal rights of the class as set forth in Plaintiffs Complaint, and is the least intrusive means necessary to correct the violations of Federal rights of the class members as set forth in Plaintiffs Complaint.
2. There is no substantial impact on public safety or the operation of the criminal justice system caused by the relief entered herein;
3. This Consent Decree does not require or permit any government official to exceed his or her authority under state or local law or otherwise violate state or local law.
4. The Court further finds that this Consent Decree is fair, just and equitable to the class and it is therefore approved.
5. The Court further finds that Plaintiffs are a prevailing party and, therefore, are entitled to reasonable attorneys’ fees and costs pursuant to U.S.C. § 1988.
IT IS SO ORDERED.

Entered this & day of February, 2000. Approved:

224260.1

PaM W. Rebein,

MO # 43438

84 Corporate Woods

10801 Mastin, Suite 1000

Overland Park, KS 662 1 O-0895

-3-

Case 6:99-cv-03373-JCE Document 30 Filed 02/03/2000 Page 4 of 4

Holly M. Pauling,

MO # 51340

One Kansas City Place

1200 Main Street

Kansas City, MO 641052118

ATTORNEYS FOR PLAINTIFFS

WHITEAKER & WILSON, P.C.

u
Ra&nd E. Whiteaker,

MO # 15574

19i9 &st Battlefield, Suite B

P.O. Box 3758

Springfield, Missouri 65808-3758

ATTORNEYS FOR DEFENDANTS Christian County, Missouri, by and through its Board of County Commissioners, Roy Matthews, Tom Chudomelka, and Bill Barnett, in their official capacities; and Steve Whitney, Sheriff of Christian County, in his official capacity

224260.1

-4-

 
 Case 6:99-cv-03373-JCE Document 35 Filed 04/25/2000 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR ~~

WESTERN DISTRICT OF MISSOURI~,)~0.~Q) !,~

SOUTHERN DIVISION

./1 \ ~:y/ f.:Z 1. ',~

CD"':;

~~/) ~

:::J
-::\

<(I ",.25 lJ.r~I,?

L
D:< ....

~I

,;h

rJOO

~

JONATHAN MANGAN, individually,)

and on behalf of all other persons

)

...,
\>'

/ct::.~:.:~~ :'7,'?r1iCs~ '.;"C~ ofJltr

similarly situated,

)

8 '0

)

Plaintiff,

)

)

vs.

)

No. 99-3373-CV-S-AE-ECF

)

CHRISTIAN COUNTY, MISSOURI

)

by and through its Board of County

)

Commissioners, ROY MATTHEWS,

)

TOM CHUDOMELKA and BILL

)

BARNETT, in their official capacities; and

)

STEVE WHITNEY, Sheriff of Christian

)

County, in his official capacity,

)

)

Defendants.

)

ORDER

Plaintiff has filed a motion for attorney's fees and expenses, to which no objection has been filed.
A review of the files and records in this case establishes that plaintiff is a prevailing party and therefore entitled to reasonable attorney's fees under 42 U.S.C. §1988. The Court also finds that the fees and expenses requested are reasonable as reduced by the requirements of Section 1997(e), Title 42, United States Code. It is therefore

Case 6:99-cv-03373-JCE Document 35 Filed 04/25/2000 Page 2 of 2
ORDERED that plaintiff be awarded $9,910.00 in attorney's fees, $720.00 for future monitoring costs, and $607.26 for costs and expenses incurred in litigation, for a total of $11,246.26.
u Date: April v'A" .c)" ,2000

 
 Case 6:99-cv-03373-JCE Document 36 Filed 05/05/2000 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION

JONATHAN MANGAN, individually, and on behalfof all other persons similarly situated,
Plaintiff,
vs.
CHRISTIAN COUNTY, MISSOURI by and through its Board of County Commissioners, ROY MATTHEWS, TOM CHUDOMELKA and BILL BARNETT, in their official capacities; and STEVE WHITNEY, Sheriff of Christian County, in his official capacity,
Defendants.

)

)

)

)

)

)

)

No. 99-3373-CV-S-AE-ECF

)

)

)

)

)

)

)

)

)

)

AMENDED ORDER

Plaintiff has filed a motion for attorney's fees and expenses. After consideration of the files and records in this case and the arguments of counsel for both parties, the Court finds that plaintiff is a prevailing party and therefore entitled to reasonable attorney's fees under 42 U.S.C. §1988. The Court also finds that the fees and expenses requested are reasonable as reduced by the requirements of Section 1997(e), Title 42, United States Code. It is therefore

~~~-~~~-~~ -------------~.

Case 6:99-cv-03373-JCE Document 36 Filed 05/05/2000 Page 2 of 2

ORDERED that plaintiffbe awarded $9,919.00 in attorney's fees, $720.00 for future monitoring costs, and $607.26 for costs and expenses incurred in litigation, for a total of $11,246.26.

b , Date: May

2000

/s/ James C. England JAMES C. ENGLAND,
UNITED STATES MAGISTRATE JUDGE

 
 CM/ECF Western District of Missouri - Docket Report

https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?316750996700692-L_...

U.S. District Court Western District of Missouri (Springfield) CIVIL DOCKET FOR CASE #: 6:99-cv-03373-JCE

TERMED

Mangan v. Christian County et al Assigned to: Chf Magistrate Judge James C. England Cause: 42:1983 Prisoner Civil Rights

Date Filed: 10/06/1999 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff Jonathan Mangan

represented by Eddie M Lorenzo ACLU of Kansas & W. Missouri 1010 West 39th Street Ste. 103 Kansas City, MO 64111 (816) 756-3113 ex.305 TERMINATED: 11/19/1999 ATTORNEY TO BE NOTICED

Paul William Rebein Shook, Hardy & Bacon, LLP 10801 Mastin Suite 1000 Overland Park, KS 66210-1669 (913)663-8925 Fax: (913)451-8879 Email: prebein@shb.com ATTORNEY TO BE NOTICED

V. Defendant Christian County Missouri, by and through its Board of Commissioners
Defendant Roy Matthews in his official capacity

represented by Raymond E. Whiteaker Whiteaker & Wilson, P.C. 1919 E. Battlefield, Suite B Post Office Box 3758 Springfield, MO 65808-3758 (417) 882-7400 Fax: 417/882-6101 Email: red@wandwlaw.com ATTORNEY TO BE NOTICED

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Defendant Tom Chudomelka in his official capacity
Defendant Bill Barnett in his official capacity
Defendant Steve Whitney Sheriff of Christian County, in his official capacity

represented by Raymond E. Whiteaker (See above for address) ATTORNEY TO BE NOTICED
represented by Raymond E. Whiteaker (See above for address) ATTORNEY TO BE NOTICED
represented by Raymond E. Whiteaker (See above for address) ATTORNEY TO BE NOTICED

Date Filed 10/06/1999
10/06/1999 10/06/1999 10/13/1999 10/13/1999 10/13/1999 10/13/1999

#

Docket Text

1 COMPLAINT (5 summons issued) against Bill Barnett, Christian County, Tom Chudomelka, Roy Matthews, Steve Whitney. filed by Eddie M Lorenzo of ACLU of Kansas & W. Missouri on behalf of Jonathan Mangan. Filing fee collected, receipt #159524. (Attachments: # 1 Civil Cover Sheet )(Bax, Laura) (Entered: 10/06/1999)
2 MOTION for class certification on behalf of Jonathan Mangan.(Bax, Laura) (Entered: 10/06/1999)
3 SUGGESTIONS IN SUPPORT (related document(s)2) Filed by Eddie M Lorenzo of ACLU of Kansas & W. Missouri on behalf of Jonathan Mangan.(Bax, Laura) (Entered: 10/06/1999)
4 ORDER by Judge Russell G. Clark granting motion for class certification and the class is certified as a 23(a) class ORDERED pla is to inform all class members immediately of the existence of this class action suit (Related Doc # 2) (McCarley, Linda) (Entered: 10/13/1999)
5 CERTIFICATE OF SERVICE of pltf's mtn for class certification w/ suggestions in support, along w/ complaint & summons filed by Eddie M Lorenzo of ACLU of Kansas & W. Missouri on behalf of Jonathan Mangan.(Martinez, Alexandra) (Entered: 10/18/1999)
6 RETURN OF SERVICE OF COMPLAINT EXECUTED County Clerk on 10/7/99 Answer due by 10/27/1999, filed by Eddie M Lorenzo of ACLU of Kansas & W. Missouri on behalf of Jonathan Mangan.(Martinez, Alexandra) (Entered: 10/18/1999)
7 RETURN OF SERVICE OF COMPLAINT EXECUTED upon Roy Matthews on 10/7/99 Answer due by 10/27/1999, filed by Eddie M Lorenzo of ACLU of Kansas & W. Missouri on behalf of Jonathan Mangan.(Martinez, Alexandra) (Entered: 10/18/1999)

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10/13/1999
10/13/1999
10/13/1999
10/19/1999 10/20/1999 11/02/1999 11/02/1999 11/12/1999 11/19/1999 11/29/1999
12/23/1999
12/23/1999 12/23/1999 12/29/1999

8 RETURN OF SERVICE OF COMPLAINT EXECUTED upon Tom Chudomelka on 10/7/99 Answer due by 10/27/1999, filed by Eddie M Lorenzo of ACLU of Kansas & W. Missouri on behalf of Jonathan Mangan.(Martinez, Alexandra) (Entered: 10/18/1999)
9 RETURN OF SERVICE OF COMPLAINT EXECUTED upon Bill Barnett on 10/7/99 Answer due by 10/27/1999, filed by Eddie M Lorenzo of ACLU of Kansas & W. Missouri on behalf of Jonathan Mangan.(Martinez, Alexandra) (Entered: 10/18/1999)
10 RETURN OF SERVICE OF COMPLAINT EXECUTED upon Steve Whitney on 10/7/99 Answer due by 10/27/1999, filed by Eddie M Lorenzo of ACLU of Kansas & W. Missouri on behalf of Jonathan Mangan.(Martinez, Alexandra) (Entered: 10/18/1999)
11 MOTION for extension of time to answer complaint on behalf of all defendants.(Dunn, Cindy) (Entered: 10/19/1999)
12 ORDER by Judge Russell G. Clark granting motion for extension of time to answer complaint for all defendants(Related Doc # 11) Answer due by 11/26/1999, (Dunn, Cindy) (Entered: 10/20/1999)
13 MOTION for order Order Modifying Order Certifying Class on behalf of all plaintiffs.(Rebein, Paul) (Entered: 11/02/1999)
14 MEMORANDUM in Support of motion for order modifying order certifying class filed by Paul William Rebein on behalf of all plaintiffs.(Rebein, Paul) (Entered: 11/02/1999)
15 MOTION to withdraw/substitute attorney Eddie M. Lorenzo counsel for plt on behalf of Jonathan Mangan.(Larson, Susan) (Entered: 11/16/1999)
16 ORDER by Judge Russell G. Clark granting pltf's motion to withdraw attorney Eddie Lorenzo (Related Doc # 15) (Martinez, Alexandra) (Entered: 11/19/1999)
17 ORDER by Judge Russell G. Clark that the mtn to modify the order certifying the class is granted as set forth in the order; the mtn of dfts for additional time is granted and dfts' answer is due on or before 12/23/99 (Related Doc # 13) (Kollmeyer, Jane) (Entered: 11/29/1999)
18 ORDER by Judge Russell G. Clark placing case back in draw for reassignment to another judge; time for posting notice to class members extended to 1/6/2000 (case reassigned from Clark, Russell G. to James C. England).(Elayer, Glenda) (Entered: 12/23/1999)
NOTICE OF MAGISTRATE ASSIGNMENT mailed to all attorneys Magistrate Return due by 1/12/2000,.(Elayer, Glenda) (Entered: 12/23/1999)
19 MOTION for extension of time to answer complaint on behalf of Bill Barnett, Christian County, Tom Chudomelka, Steve Whitney.(Kollmeyer, Jane) (Entered: 12/23/1999)
20 ORDER by Judge James C. England granting motion for extension of time to answer complaint (Related Doc # 19) Answer due by 1/16/2000, (Martinez, Alexandra) (Entered: 12/29/1999)

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01/06/2000 01/06/2000
01/06/2000
01/31/2000 01/31/2000 01/31/2000 02/01/2000 02/03/2000 02/03/2000 02/03/2000 02/17/2000 02/17/2000 02/17/2000 03/21/2000 04/25/2000

21 Notice of MAGISTRATE ASSIGNMENT RETURNED w/consent filed by Paul William Rebein of Shook, Hardy & Bacon, LLP on behalf of Jonathan Mangan.(McCarley, Linda) (Entered: 01/06/2000)
22 Notice of MAGISTRATE ASSIGNMENT RETURNED filed by Raymond E. Whiteaker of Whiteaker & Wilson, P.C. on behalf of Bill Barnett, Christian County, Tom Chudomelka, Steve Whitney.(Whiteaker, Raymond) (Entered: 01/06/2000)
23 ORDER by Magistrate England that the time for posting notice to class memebers is extended to 1/10/2000. That dfts be granted an ext of time to file a resp in this case, date to be set after settlement approval hrg. Class action settlement hearing to be held on 2/3/2000 at 09:30 AM at Courtroom 4, Springfield (jce).(Dunn, Cindy) (Entered: 01/06/2000)
24 PETITION FOR WRIT OF HABEAS CORPUS filed by Paul William Rebein on behalf of all plaintiffs.(Rebein, Paul) (Entered: 01/31/2000)
25 AFFIDAVIT/DECLARATION (related document(s)24) filed by Paul William Rebein on behalf of all plaintiffs.(Rebein, Paul) (Entered: 01/31/2000)
26 ORDER by Judge James C. England granting writ of habeas corpus ad testificandum (writ issued and delivered to US Marshal).(Elayer, Glenda) (Entered: 01/31/2000)
27 CERTIFICATE OF SERVICE filed by Paul William Rebein of Shook, Hardy & Bacon, LLP on behalf of all plaintiffs.(Rebein, Paul) (Entered: 02/01/2000)
28 MINUTE ENTRY Court approves Final Consent Decree. (Martinez, Alexandra) (Entered: 02/03/2000)
29 PLTF'S EXHIBIT INDEX.(Martinez, Alexandra) (Entered: 02/03/2000)
30 ORDER approving final consent decree.(Martinez, Alexandra) (Entered: 02/03/2000)
31 MOTION for attorney fees on behalf of all plaintiffs.(Rebein, Paul) (Entered: 02/17/2000)
32 MEMORANDUM In support of motion for attorney's fees (related document(s)31) filed by Paul William Rebein on behalf of all plaintiffs.(Rebein, Paul) (Entered: 02/17/2000)
33 AFFIDAVIT/DECLARATION In support of motion for attorney's fees (related document(s)31) filed by Paul William Rebein on behalf of all plaintiffs. (Attachments: # 1 Exhibit A)(Rebein, Paul) (Entered: 02/17/2000)
34 WRIT of Habeas Corpus Ad Testificandum returned on 2/3/2000.(Elayer, Glenda) (Entered: 03/21/2000)
35 ORDER by Judge James C. England granting motion for attorney fees and pltf awarded $9,910.00 in atty fees; $720.00 for future monitoring costs and expenses for a total of $11,246.26 (Related Doc # 31) (Elayer, Glenda) (Entered: 04/25/2000)

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05/05/2000

36 AMENDED ORDER by Judge James C. England that plaintiff be awarded $9,919.00 in atty fees, $720.00 for future monitoring costs, and $607.26 for costs and expenses incurred in litigation for a total of $11,246.26.(Elayer, Glenda) (Entered: 05/05/2000)

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