Cutts v. Berkeley Police Department et al
| Missouri Eastern District Court | |
| Judge: | Audrey G Fleissig |
| Case #: | 4:24-cv-01102 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Aug 12, 2024 |
| Last checked: Sunday Feb 09, 2025 4:13 AM CST |
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Defendant
Berkeley Police Department
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Represented By
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Defendant
Officer O'Shay Conway
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Represented By
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Defendant
Officer Bryan Sutherland
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Represented By
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Plaintiff
John R. Cutts
6221 Garfield Avenue
Berkeley, MO 63134 |
GPO
Sep 12 2024
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's Motion to Modify Relief Sought, construed as a motion to amend the complaint, is DENIED as moot. ECF No. 9. IT IS FURTHER ORDERED that Plaintiff's Motion for Joinder of Necessary Parties, construed as a motion to amend the complaint, is DENIED as moot. ECF No. 10. IT IS FURTHER ORDERED that the Clerk of Court shall mail to Plaintiff a blank "Civil Complaint" form. Plaintiff may request additional forms as needed. IT IS FURTHER ORDERED that Plaintiff has until Tuesday, September 24, 2024, to file his amended complaint without seeking permission from the Court. ( Amended/Supplemental Pleadings due by 9/24/2024.). Signed by Sr. District Judge Audrey G. Fleissig on 9/12/24. (Attachments: # (1) Civil Complaint Form)(KJS) |
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GPO
Sep 18 2024
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant's motion to dismiss is DENIED as MOOT. ECF No. 6. Defendant shall have until October 1, 2024, to respond to the amended complaint. (Amended/Supplemental Pleadings due by 10/1/2024.). Signed by Sr. District Judge Audrey G. Fleissig on 9/18/2024. (JMP) |
| Docket last updated: 12 hours ago |
| Monday, May 19, 2025 | ||
| 27 | 27
motion
Amend/Correct
Tue 05/20 8:47 AM
MOTION to Amend/Correct1 Complaint, by Plaintiff John R. Cutts.(CLT) |
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Att: 1
Second Amended Complaint
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| Thursday, February 20, 2025 | ||
| 26 | 26
2
pgs
misc
Memorandum (NON-MOTION EVENT)
Thu 02/20 2:26 PM
MEMORANDUM TO THE COURT re25 Memorandum by Plaintiff John R. Cutts. (JMP) |
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| Tuesday, February 11, 2025 | ||
| 25 | 25
5
pgs
misc
Memorandum (NON-MOTION EVENT)
Tue 02/11 2:45 PM
MEMORANDUM re24 Order, by Defendants Berkeley Police Department, O'Shay Conway, Bryan Sutherland. (Mooney, Daniel) |
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| Wednesday, February 05, 2025 | ||
| 24 | 24
2
pgs
order
Order (will rule a motion and set/satisfy a schedule)
Wed 02/05 1:37 PM
ORDER: IT IS HEREBY ORDERED that on or before February 12, 2025, Defendants shall provide the Court with a status update on Plaintiff's charges and trial before the Circuit Court of St. Louis County, Berkeley Consolidated Division, and address what impact these proceedings may have on the case before this Court. SEE ORDER FOR DETAILS. Signed by Sr. District Judge Audrey G. Fleissig on 2/5/2025. (CLT) |
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misc
Order Receipt
Wed 02/05 1:37 PM
ORDER RECEIPT: (see receipt) Docket No: 24. Wed Feb 5 13:37:53 CST 2025 (CLT) |
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| Tuesday, January 14, 2025 | ||
| 23 | 23
misc
Supplemental (NON-MOTION EVENT)
Tue 01/14 1:55 PM
Certificate of Service for22 Response to Motion by Plaintiff John R. Cutts. (Served via U.S.P.S. instead of via email.)(KJS) |
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| Wednesday, October 16, 2024 | ||
| 22 | 22
respm
Response to Motion
Wed 10/16 3:21 PM
PLAINTIFF'S RESPONSE to Defendant's Reply Memorandum of Law in Support of its Motion to Dismiss re15 MOTION to Dismiss Case filed by Defendant O'Shay Conway. (KJS) |
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| Tuesday, October 15, 2024 | ||
| 21 | 21
respm
Surresponse to Motion (Need Leave of Court)
Tue 10/15 8:12 AM
SURRESPONSE to Motion re15 MOTION to Dismiss Case filed by Plaintiff John R. Cutts. (CLT) |
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| 20 | 20
order
A Docket Text Order
Tue 10/15 8:10 AM
Docket Text ORDER: The Court grants19 MOTION for Leave to Respond to Defendant's Reply Memorandum of Law in Support of its Motion to Dismiss by Plaintiff John R. Cutts. Signed by Sr. District Judge Audrey G. Fleissig on 10/15/2024. (CLT) |
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misc
Order Receipt
Tue 10/15 8:12 AM
ORDER RECEIPT: (see receipt) Docket No: 20. Tue Oct 15 08:12:53 CDT 2024 (Thoele, Cassandra) |
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| Friday, October 11, 2024 | ||
| 19 | 19
motion
Leave to
Fri 10/11 1:45 PM
MOTION for Leave to Respond to Defendant's Reply Memorandum of Law in Support of its Motion to Dismiss by Plaintiff John R. Cutts.(CLT) |
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Att: 1
Exhibit
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| Thursday, October 10, 2024 | ||
| 18 | 18
respm
Reply to Response to Motion
Thu 10/10 4:43 PM
REPLY to Response to Motion re15 MOTION to Dismiss Case filed by Defendants Berkeley Police Department, O'Shay Conway, Bryan Sutherland. (Mooney, Daniel) |
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| Thursday, October 03, 2024 | ||
| 17 | 17
7
pgs
respm
Memorandum in Opposition to Motion
Thu 10/03 1:23 PM
MEMORANDUM in Opposition re15 MOTION to Dismiss Case filed by Plaintiff John R. Cutts. (KJS) |
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| Tuesday, October 01, 2024 | ||
| 16 | 16
8
pgs
respm
Memorandum in Support of Motion
Tue 10/01 6:38 PM
MEMORANDUM in Support of Motion re15 MOTION to Dismiss Case filed by Defendants Berkeley Police Department, O'Shay Conway, Bryan Sutherland. (Mooney, Daniel) |
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| 15 | 15
motion
Dismiss Case
Tue 10/01 6:38 PM
MOTION to Dismiss Case by Defendants Berkeley Police Department, O'Shay Conway, Bryan Sutherland. (Mooney, Daniel) |
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| Friday, September 20, 2024 | ||
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misc
Order Receipt
Fri 09/20 1:56 PM
ORDER RECEIPT: (see receipt) Docket No: 14. Fri Sep 20 13:56:17 CDT 2024 (Spurgeon, Katherine) |
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| Wednesday, September 18, 2024 | ||
| 14 | 14
1
pgs
order
Memorandum & Order
Wed 09/18 11:52 AM
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant's motion to dismiss is DENIED as MOOT. ECF No. 6. Defendant shall have until October 1, 2024, to respond to the amended complaint. (Amended/Supplemental Pleadings due by 10/1/2024.). Signed by Sr. District Judge Audrey G. Fleissig on 9/18/2024. (JMP) |
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| Monday, September 16, 2024 | ||
| 13 | 13
cmp
Amended Complaint
Tue 09/17 9:30 AM
AMENDED COMPLAINT against defendant Berkeley Police Department, O'Shay Conway, Bryan Sutherland Amendment to1 Complaint,, filed by John R. Cutts. Related document:1 Complaint, filed by John R. Cutts.(JMP) |
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Att: 1
Exhibit Exhibit 1
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| Thursday, September 12, 2024 | ||
| 12 | 12
3
pgs
order
Memorandum & Order
Thu 09/12 3:19 PM
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's Motion to Modify Relief Sought, construed as a motion to amend the complaint, is DENIED as moot. ECF No.9 . IT IS FURTHER ORDERED that Plaintiff's Motion for Joinder of Necessary Parties, construed as a motion to amend the complaint, is DENIED as moot. ECF No.10 . IT IS FURTHER ORDERED that the Clerk of Court shall mail to Plaintiff a blank "Civil Complaint" form. Plaintiff may request additional forms as needed. IT IS FURTHER ORDERED that Plaintiff has until Tuesday, September 24, 2024, to file his amended complaint without seeking permission from the Court. ( Amended/Supplemental Pleadings due by 9/24/2024.). Signed by Sr. District Judge Audrey G. Fleissig on 9/12/24.(KJS) |
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Att: 1
Civil Complaint Form
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misc
Order Receipt
Thu 09/12 3:19 PM
ORDER RECEIPT: (see receipt) Docket No: 12. Thu Sep 12 15:19:54 CDT 2024 (Shirley, Kelley) |
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| Tuesday, September 10, 2024 | ||
| 11 | 11
respm
Response in Opposition to Motion
Tue 09/10 2:37 PM
RESPONSE in Opposition re6 MOTION to Dismiss Case filed by Plaintiff John R. Cutts. (KJS) |
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| Friday, September 06, 2024 | ||
| 10 | 10
motion
Joinder
Mon 09/09 3:54 PM
PRO SE MOTION for Joinder of Necessary Parties Under FRCP 19 by Plaintiff John R. Cutts. (KJS) |
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| 9 | 9
motion
Amend/Correct
Mon 09/09 3:53 PM
PRO SE MOTION to MODIFY RELIEF SOUGHT re:1 Complaint, by Plaintiff John R. Cutts. (KJS) |
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| Tuesday, September 03, 2024 | ||
| 8 | 8
misc
Entry of Appearance
Tue 09/03 10:47 AM
ENTRY of Appearance by Daniel Timothy Mooney for Defendants Berkeley Police Department, O'Shay Conway, Bryan Sutherland. (Mooney, Daniel) |
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| 7 | 7
5
pgs
respm
Memorandum in Support of Motion
Tue 09/03 10:45 AM
MEMORANDUM in Support of Motion re6 MOTION to Dismiss Case filed by Defendants Berkeley Police Department, O'Shay Conway, Bryan Sutherland. |
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| 6 | 6
motion
Dismiss Case
Tue 09/03 10:45 AM
MOTION to Dismiss Case by Defendants Berkeley Police Department, O'Shay Conway, Bryan Sutherland. |
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| 5 | 5
misc
Entry of Appearance
Tue 09/03 10:43 AM
ENTRY of Appearance by Timothy J. Reichardt for Defendants Berkeley Police Department, O'Shay Conway, Bryan Sutherland. |
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| Wednesday, August 14, 2024 | ||
| 3 | 3
service
Summons Returned Executed
Wed 08/14 12:48 PM
SUMMONS Returned Executed filed by John R. Cutts. Berkeley Police Department served on 8/12/2024, answer due 9/3/2024; O'Shay Conway served on 8/12/2024, answer due 9/3/2024; Bryan Sutherland served on 8/12/2024, answer due 9/3/2024.(CLT) |
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Att: 1
Attachment,
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Att: 2
Attachment
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| Monday, August 12, 2024 | ||
| 2 | 2
service
Notice of Process Server
Mon 08/12 10:32 AM
NOTICE OF PROCESS SERVER by Plaintiff John R. Cutts Process Server: Pam King Wheetley (JWD) |
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| 1 | 1
cmp
Complaint
Mon 08/12 10:31 AM
COMPLAINT against defendant Berkeley Police Department, O'Shay Conway, Bryan Sutherland, in the amount of $405.00 receipt number 21813, Jury Demand, filed by John R. Cutts.(JWD) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Original Filing Form,
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Att: 3
Summons Berkeley Police Department,
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Att: 4
Summons Conway,
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Att: 5
Summons Sutherland
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misc
Case Opening Notification
Mon 08/12 10:34 AM
Case Opening Notification. Judge Assigned: Honorable Audrey G. Fleissig. 3 Summons(es) issued and hand delivered to plaintiff John R. Cutts. (JWD) |
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misc
Complaint Letter Created (Case Opening Event ONLY)
Mon 08/12 10:34 AM
***Complaint Letter Created. This is to advise you that this office has received and filed your complaint and has assigned it the above-referenced case number. (JWD) |
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misc
Complaint Letter Processed (Case Opening Event ONLY)
Mon 08/12 11:01 AM
***Complaint Letter Processed (see notice of electronic filing for distribution list) Mon Aug 12 11:01:15 CDT 2024 (admin,) |
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