Suit to Challenge Inhumane Conditions at St. Louis City Jail

Cody, et al. v. City of St. Louis

ArchCity Defenders located in St. Louis and the international law firm DLA Piper, at the initiation of the Barbara McDowell Foundation through its Pro Bono High Impact Litigation Project, have joined together to continue prosecuting a class action case, Cody, et al. v. City of St. Louis, on behalf of thousands of people who have been held in the Medium Security Institution in St. Louis (a jail more commonly called the "Workhouse") over the past eight years. Through its participation in the Barbara McDowell Foundation’s High Impact Litigation Project DLA Piper is providing its support to the case on a pro bono basis. The lawsuit seeks damages from St. Louis City for the alleged inhumane conditions experienced by the detainees as well as injunctive relief for the court to require that the jail either be brought up to constitutional standards or closed to prevent individuals from being subjected to its abusive conditions. Frequently reported alleged conditions include extreme temperatures, rodent and insect infestation, mold, overflowing sewage, and more.

The lawsuit brings six claims against the City. Two claims relate to conditions at the Workhouse, stemming from Fourteenth Amendment protection against cruel and unusual treatment of pretrial detainees (about 98% of those incarcerated at the Workhouse) and the Eighth Amendment protection against cruel and unusual punishment of post-conviction inmates (the remaining 2% of the population). Two claims relate to inhumane conditions based on excessive temperatures to which many of the detainees were exposed. The final two claims concern First Amendment protections against retaliation, as well as a claim based on the City’s failure to supervise and train its employees.

Written discovery was completed and tens of thousands of documents were reviewed after DLA joined in December 2020. Discovery then closed on June 1, 2021. Eleven depositions were conducted with the City’s correctional officers, jail maintenance manager, department of corrections leadership, and the City health inspector. Plaintiffs also deposed the City’s “expert” witnesses and defended the deposition of Plaintiffs’ expert environmental safety engineer, James Balsamo.

On June 17, 2021, a story broke in the news that the St. Louis City Mayor had emptied the Workhouse. In response, the Court sua sponte issued an order to show cause as to why Plaintiffs’ injunctive and declaratory relief claims are not moot. However, weeks later, the City moved approximately 100 detainees back into the Workhouse, citing uprisings at the City’s other jail (which happened due to the City’s failure to maintain and install working locks on jail cells, among other things).

At the same time, the City moved for Partial Summary Judgment challenging Plaintiffs’ standing to seek injunctive and declaratory relief. DLA and ACD briefed this opposition, as well as Plaintiffs’ simultaneous Motion for Class Certification as to damages only. The Court ultimately granted the partial summary judgment motion and dismissed Plaintiffs’ injunctive and declaratory relief claims without prejudice, allowing Plaintiffs to seek leave to name new additional plaintiffs for the injunctive and declaratory class relief.

The Plaintiffs' motion for class certification was denied, but Plaintiffs filed a renewed motion for class certification proposing a narrower class which the Court granted on May 25, 2022. The case is proceeding towards trial with potential mediation occurring.

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