Case: Amos v. Higgins

2:14-cv-04011 | U.S. District Court for the Western District of Missouri

Filed Date: Jan. 14, 2014

Clearinghouse coding complete

Case Summary

On January 14, 2014, three women who wished to marry their incarcerated (male) partners filed a lawsuit in the Western District of Missouri U.S. District Court under 42 U.S.C. § 1983 against the Moniteau County Recorder of Deeds of the state of Missouri. The plaintiffs, represented by the American Civil Liberties Union (ACLU), asked the court to declare that Mo. Rev. Stat. § 451.040.2 (a Missouri law that required both signers of a marriage license to appear in front of the recorder of deeds) i…

On January 14, 2014, three women who wished to marry their incarcerated (male) partners filed a lawsuit in the Western District of Missouri U.S. District Court under 42 U.S.C. § 1983 against the Moniteau County Recorder of Deeds of the state of Missouri. The plaintiffs, represented by the American Civil Liberties Union (ACLU), asked the court to declare that Mo. Rev. Stat. § 451.040.2 (a Missouri law that required both signers of a marriage license to appear in front of the recorder of deeds) is unconstitutional, issue an injunction requiring the defendant to issue marriage licenses to plaintiffs and others engaged to marry individuals who are unable to appear, and award the plaintiffs costs of suit and reasonable attorneys' fees.

The plaintiffs asserted that marriage is a fundamental right protected by the United States Constitution that is not changed by the incarcerated status of their fiancées. They claimed Missouri law, which requires that marriage license applications be signed "in the presence of the recorder of deeds or their deputy," violated this right and deprived plaintiffs of important federal and state benefits and privileges afforded to married couples.

On February 6, 2014, the Court (District Judge Gary A. Fenner) decided in favor of the plaintiffs. 2014 WL 572316. It ruled that the requirement that marriage licenses be signed "in the presence of the recorder of deeds or their deputy," was unconstitutional as applied to situations where an applicant for a marriage license is physically unable to appear in the presence of the recorder of deeds or their deputy due to incarceration. Amos v. Higgins, 2014 WL 572316 (W.D. Missouri 2014). The Court further enjoined defendants from requiring the presence of applicants who could not physically appear in front of the defendants due to incarceration, and also required defendants to issue licenses to applicants who presented reasonable written proof as to the authenticity of the signature of an applicant on a marriage license application and reasonable verified proof that the applicant is physically unable to appear in the presence of the recorder.

Summary Authors

Megan Dolan (7/22/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18107175/parties/amos-v-higgins/


Judge(s)

Fenner, Gary A. (Missouri)

Attorney for Plaintiff

Doty, Grant R. (Missouri)

Rothert, Anthony [Tony] E. (Missouri)

Expert/Monitor/Master/Other

Berry, Michael G (Missouri)

Judge(s)

Fenner, Gary A. (Missouri)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

2:14-cv-04011

Docket [PACER]

Feb. 7, 2014

Feb. 7, 2014

Docket
1

2:14-cv-04011

Complaint for Declaratory and Injunctive Relief

Jan. 14, 2014

Jan. 14, 2014

Complaint
11

2:14-cv-04011

Amended Complaint for Declaratory and Injunctive Relief

Jan. 14, 2014

Jan. 14, 2014

Complaint
17

2:14-cv-04011

Judgment and Order

Feb. 6, 2014

Feb. 6, 2014

Order/Opinion

996 F.Supp.2d 996

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18107175/amos-v-higgins/

Last updated Feb. 6, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Michele Higgins filed by Anthony E. Rothert on behalf of Julia Amos, Wendy M. Downing. Filing fee $400, receipt number 0866-3797330. Service due by 5/19/2014. (Attachments: # 1 Civil Cover Sheet)(Rothert, Anthony) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

Clearinghouse
2

ADMINISTRATIVE ORDER TRANSFERRING/REASSIGNING CASE. Case reassigned to District Judge Gary A. Fenner for all further proceedings. District Judge Nanette K. Laughrey no longer assigned to case Signed on 01/14/2014 by Clerk of Court. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

PACER
3

NEW NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NEW NOTICE AND NEW MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: # 1 MAP General Order)(Lock, Tania) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

PACER

ELECTRONIC SUMMONS ISSUED as to Michele Higgins and emailed to plaintiff's counsel. (Lock, Tania)

Jan. 14, 2014

Jan. 14, 2014

PACER
4

NOTICE of appearance by Grant R. Doty on behalf of All Plaintiffs (Attorney Grant R. Doty added to party Julia Amos(pty:pla), Attorney Grant R. Doty added to party Wendy M. Downing(pty:pla))(Doty, Grant) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

PACER
5

MOTION for temporary restraining order filed by Anthony E. Rothert on behalf of Julia Amos, Wendy M. Downing. Suggestions in opposition/response due by 1/31/2014 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

PACER
6

MOTION for preliminary injunction filed by Anthony E. Rothert on behalf of Julia Amos, Wendy M. Downing. Suggestions in opposition/response due by 1/31/2014 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

PACER
7

SUGGESTIONS in support re 6 MOTION for preliminary injunction, 5 MOTION for temporary restraining order filed by Anthony E. Rothert on behalf of Plaintiffs Julia Amos, Wendy M. Downing. (Attachments: # 1 Exhibit Ex. A - Affidavit, # 2 Exhibit Ex. B - Affidavit, # 3 Exhibit Ex. C - Affidavit, # 4 Exhibit Ex. D - Affidavit)(Related document(s) 6, 5 ) (Rothert, Anthony) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

PACER
8

NOTICE of filing NOTICE TO ATTORNEY GENERAL OF CLAIM OF UNCONSTITUTIONALITY by Julia Amos, Wendy M. Downing re 1 Complaint (Rothert, Anthony) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

PACER
9

RETURN OF SERVICE of complaint executed by Julia Amos, Wendy M. Downing. Michele Higgins served on 1/15/2014, answer due 2/5/2014. (Rothert, Anthony) (Entered: 01/15/2014)

Jan. 15, 2014

Jan. 15, 2014

PACER
10

NOTICE of filing of correspondence from Attorney General of Missouri by Julia Amos, Wendy M. Downing re 8 Notice of filing (Attachments: # 1 Letter from Attorney General of Missouri's office)(Rothert, Anthony) (Entered: 01/22/2014)

Jan. 22, 2014

Jan. 22, 2014

PACER
11

AMENDED COMPLAINT against Michele Higgins filed by Anthony E. Rothert on behalf of Julia Amos, Wendy M. Downing, Leisha Hendrix.(Rothert, Anthony) (Entered: 01/23/2014)

Jan. 23, 2014

Jan. 23, 2014

Clearinghouse
12

MOTION for temporary restraining order filed by Anthony E. Rothert on behalf of Leisha Hendrix. Suggestions in opposition/response due by 2/10/2014 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 01/23/2014)

Jan. 23, 2014

Jan. 23, 2014

PACER
13

MOTION for preliminary injunction filed by Anthony E. Rothert on behalf of Leisha Hendrix. Suggestions in opposition/response due by 2/10/2014 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 01/23/2014)

Jan. 23, 2014

Jan. 23, 2014

PACER
14

SUGGESTIONS in support re 13 MOTION for preliminary injunction, 12 MOTION for temporary restraining order filed by Anthony E. Rothert on behalf of Plaintiff Leisha Hendrix. (Related document(s) 13, 12 ) (Rothert, Anthony) (Main Document 14 replaced on 1/23/2014) (Chorny, Traci). (Additional attachment(s) added on 1/23/2014: # 1 Exhibit E - Affidavit of Leisha Hendrix) (Chorny, Traci). (Entered: 01/23/2014)

Jan. 23, 2014

Jan. 23, 2014

PACER

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 1/23/2014 as Document No. 14, Suggestions in Support of Motion. The document has been deleted as the incorrect document was filed. Counsel has emailed the court and the court has replaced the document with the correct one. A corrected NEF will be regenerated. This is a text entry only - no document is attached. (Chorny, Traci)

Jan. 23, 2014

Jan. 23, 2014

PACER
15

NOTICE of appearance by Michael G Berry on behalf of Michele Higgins (Attorney Michael G Berry added to party Michele Higgins(pty:dft))(Berry, Michael) (Entered: 02/05/2014)

Feb. 5, 2014

Feb. 5, 2014

PACER
16

STIPULATION by Julia Amos, Wendy M. Downing, Leisha Hendrix. (Rothert, Anthony) (Entered: 02/05/2014)

Feb. 5, 2014

Feb. 5, 2014

PACER
17

JUDGMENT and ORDER. Signed on 2/6/14 by District Judge Gary A. Fenner. (Mitchell, Lisa) (Entered: 02/06/2014)

Feb. 6, 2014

Feb. 6, 2014

Clearinghouse
18

CLERK'S JUDGMENT. (Moore, Terri) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 14, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are several women residing in Missouri and Arkansas who wish to have a state-recognized marriage to their respective same-sex, incarcerated fiancés.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Missouri, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2014 - 0

Content of Injunction:

Discrimination Prohibition

Issues

General:

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Affected Sex or Gender:

Female

Male