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Stanley Schell v Ste Genevieve County

Stanley Schell v Ste Genevieve County

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Published by samtlevin
ACLU
ACLU

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Published by: samtlevin on May 13, 2013
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09/20/2013

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IN THE UNITED STATES DISTRICT COURTEASTERN DISTRICT OF MISSOURISOUTHEASTERN DIVISION
Stanley A. Schell,Plaintiff,v.County of Sainte Genevieve, Missouri, andGary J. Stolzer, in his official capacity asSheriff of County of Sainte Genevieve,Missouri,Defendants.)))))))))))))No. 1:13-cv1
 C
OMPLAINT
 
 I 
 NTRODUCTION 
 
1. This is civil rights action filed by Stanley A. Schell, a detainee held at the SainteGenevieve County Sheriff’s Office Detention Center. He brings suit pursuant to 42 U.S.C.§ 1983, alleging—on his own behalf—a violation of his First Amendment rights and alleging—on his own behalf and on behalf of a class of current and future inmates at the Sainte GenevieveCounty Sheriff’s Office Detention Center —a Due Process violation.
 J 
URISDICTION AND
 ENUE
 
2.
 
This Court has jurisdiction pursuant to 42 U.S.C. § 1983 over Plaintiff’sclaims of the deprivation under color of state law of rights, privileges, or immunities secured bythe Constitution.3.
 
In addition, this Court has original jurisdiction pursuant to 28 U.S.C. § 1331over Plaintiff’s civil action arising under the Constitution of the United States.
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4.
 
In addition, this Court has jurisdiction pursuant to 28 U.S.C. § 1343 to redressthe deprivation, under color of state law, of any right, privilege, or immunity secured by theConstitution of the United States.5.
 
Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)) becauseDefendant Sainte Genevieve County, an entity capable of being sued, is located in SainteGenevieve County and a substantial part of the events and omissions giving rise to the claimsoccurred in Sainte Genevieve County.6.
 
Divisional venue is proper in the Southeastern Division. E.D.M
O
.
 
L.R.2.07(A)(3) and E.D.Mo. L.R. 2.07(B)(2).
 P
 ARTIES
 
7.
 
Plaintiff, Stanley A. Schell, is incarcerated at the Sainte Genevieve CountySheriff’s Office Detention Center.8.
 
Defendant County of Sainte Genevieve, Missouri, is a political subdivision of the State of Missouri and is the government entity responsible for operation of the SainteGenevieve County Sheriff’s Office Detention Center.9.
 
Defendant Gary J. Stolzer is the Sheriff of County of Sainte Genevieve,Missouri, and the policy maker for the Sainte Genevieve County Sheriff’s Office DetentionCenter and, for jail operations, the policy maker for the County of Sainte Genevieve. He issued in his official capacity only.10.
 
All defendants have acted, and continue to act, under color of state law at alltimes relevant to this complaint.
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 F
 ACTS
 
11.
 
For several months, Plaintiff has maintained, at his own expense, a printsubscription to the
Ste. Genevieve Herald 
, which is published and delivered weekly.12.
 
Until and through October 2012, Plaintiff received his copy of the
Ste.Genevieve Herald 
every Wednesday without exception.13.
 
According to the detainee handbook, the only limitation on the receipt of newspapers is that they will be accepted only if sent directly from the publisher.14.
 
In late October, 2012, Plaintiff submitted a letter to the editor of the
Ste.Genevieve Herald 
.15.
 
Plaintiff’s letter to the editor constituted a protected exercise of his FirstAmendment rights.16.
 
On October 31, 2012, Plaintiff’s letter was published on page two of the
Ste.Genevieve Herald 
.17.
 
Plaintiff’s letter appeared in the
Ste. Genevieve Herald 
as follows:
Dear Editor:
 Every Wednesday at “mail call,” I look forward toreceiving my copy of the
Ste. Genevieve Herald 
. AlthoughI am not from this area, I enjoy the “hometown” news, thepolitical disputes, “where are the donations for the sirenpole?” and even photos of Sheriff Gary Stolzer’s latest toy,the SafeBoat.Then, I turn to the second section to review the vast listingsin the Church Services Directory. Ste. Genevieve has
Case: 1:13-cv-00001-LMB Doc. #: 1 Filed: 01/02/13 Page: 3 of 10 PageID #: 3

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