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Case Name L.Z. v. Parrish JC-MO-0005
Docket / Court Unknown ( W.D. Mo. )
State/Territory Missouri
Case Type(s) Jail Conditions
Case Summary
A complaint was filed against various state and county judges and officials in the United States District Court for the Western District of Missouri challenging the incarceration of a juvenile in the Laclede County Jail in Lebanon, Missouri. Evidence established that a new juvenile detention ... read more >
A complaint was filed against various state and county judges and officials in the United States District Court for the Western District of Missouri challenging the incarceration of a juvenile in the Laclede County Jail in Lebanon, Missouri. Evidence established that a new juvenile detention facility had been built, that juveniles were no longer kept in Laclede County Jail, and that the Missouri Supreme Court had amended the challenged rules regarding juvenile detention and detention hearings. The parties entered into a consent decree and all claims were dismissed, except one claim for injunctive relief, two claims for damages totaling $10,000, and a claim for attorney's fees. In a November 3, 1982, memorandum opinion, the U.S. District Court for the Western District of Missouri (Judge William R. Collinson) found against the plaintiff on the damages claims, finding no evidence of unconstitutional conditions of confinement or of detention without a probable cause hearing. The court also denied the request for a permanent injunction which sought to enjoin circuit judges from issuing detention orders without a probable cause hearing, or detaining juveniles in the Laclede County Jail. Because the plaintiff was therefore not a prevailing party, the court found that he was not entitled to attorney's fees.

Plaintiff later filed a motion for relief from final judgment, which was denied because the motion had been filed after the time to appeal or request relief had expired. Plaintiff appealed the denial of this relief to the United States Court of Appeals for the Eighth Circuit; it was undisputed that while the Clerk of the District Court did mail copies of the memorandum opinion to all parties, he neglected to mail notice of entry of the judgment to the parties. The U.S. Court of Appeals for the Eighth Circuit (Judge John R. Gibson) found that the memorandum opinion constituted a final judgment, and that the lack of notice of entry by the clerk did not affect the time to file for relief. L.Z. v Parrish, 733 F.3d 585 (8th Cir. 1984). Furthermore, the court found that plaintiff's attorneys, in waiting 77 days to inquire as to whether judgment had been entered, had not displayed diligence in attempting to discover the status of the case, making reversal of the district's courts denial of relief inappropriate.

Megan Raynor - 03/01/2006


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Issues and Causes of Action
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Issues
General
Juveniles
Over/Unlawful Detention
Sanitation / living conditions
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action None on record
Defendant(s) Juvenile Officer and Deputy Juvenile Officer
Laclede County Jail
Sheriff of Laclede County
State Circuit Judges
Plaintiff Description A juvenile incarcerated at the Laclede County Jail in Lebanon, Missouri
Indexed Lawyer Organizations None on record
Class action status sought Unknown
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 1984
Case Ongoing No
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
No docket sheet currently in the collection
General Documents
Reported Opinion 06/12/1984 (733 F.2d 585)
JC-MO-0005-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Gibson, John R. (Eighth Circuit, W.D. Mo.)
JC-MO-0005-0001
Monitors/Masters None on record
Plaintiff's Lawyers Howard, David C. (Missouri)
JC-MO-0005-0001
Volenik, Adrienne E. (Missouri)
JC-MO-0005-0001
Defendant's Lawyers Miller, Jack L. (Missouri)
JC-MO-0005-0001
Taylor, O. J. (Missouri)
JC-MO-0005-0001
Other Lawyers None on record

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