United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
A. ROSS UNITED STATES DISTRICT JUDGE.
action is before the Court on plaintiffs motion for temporary
restraining order [Doc. #2], as well as plaintiffs renewed
motion for temporary restraining order [Doc. #9], brought
pursuant to Federal Rule of Civil Procedure 65.
Court conducted a hearing on this matter on July 13, 2017.
Plaintiff appeared pro se and represented himself. The City
of St. Louis was represented by the City Counselor's
Office. Evidence was presented and testimony was taken.
on the evidence presented and the arguments of the parties,
Plaintiffs motions for temporary restraining order were
denied for the reasons stated on the record. The Court
supplements those reasons with the following written
Background and Hearing Information
proceeding pro se, filed this action on July 5, 2017,
pursuant to 42 U.S.C. § 1983, alleging violations of his
civil rights. In his original complaint [Doc. #1], plaintiff
named the following as defendants in this action: the City of
St. Louis; St. Louis Mayor Lyda Krewson; Biddle House
Opportunity Center; St. Patrick Center; Peter and Paul
Community Services, Inc.; Biddle House Staff Person Keneesha
Unknown; Biddle House Staff Person Emma Unknown; and Six John
Doe Biddle House Staff Persons.
sought leave to proceed in forma pauperis, pursuant to 28
U.S.C. § 1915 [Doc. #4], and with the filing of his
original complaint, plaintiff filed a motion for temporary
restraining order [Doc. #2] and a motion for preliminary
injunction [Doc. #6].
originally-filed complaint, as well as his motions for
injunctive relief, plaintiff asserted that he was a homeless
resident of the City of St. Louis and he had sought services
from the Biddle House, a facility owned by the City of St.
Louis which purportedly "serves the needs of the
homeless and is staffed by St. Patrick Center" and also
serviced by Peter and Paul Community Services, Inc.
stated in his complaint that in June of 2017, he was given a
"routing" slip at Biddle House, that allowed him to
take showers, wash his clothes and obtain meals. Plaintiff
stated that after he became a "critic" of Biddle
House, Peter and Paul Community Services, Inc. and St.
Patrick Center, employees of Biddle House began to retaliate
against him by refusing him showers, laundry services and
5, 2017, when he hand-filed his original complaint, plaintiff
sought an ex parte hearing on his temporary restraining
order, but he was asked by the Court to notify defendants
and/or their counsel of his intent to seek a hearing prior to
being given a hearing date.
10, 2017, plaintiff filed an amended complaint in this action
[Doc. #7], seeking to add to his jurisdictional basis for
bringing the present suit. In his amended complaint,
plaintiff also added a claim that he was being denied an
overnight bed by Biddle House. All of his other claims
remained substantially the same.
13, 2017, plaintiff filed a second amended complaint [Doc.
#8], as well as a renewed motion for temporary restraining
order [Doc. #9] and a renewed motion for preliminary
injunction [Doc. #11]. In his second amended complaint,
plaintiff states that Biddle House is refusing to renew his
routing slip, effectively cutting him off from every
service offered by Biddle House, including food, laundry,
showers and a nightly bed. When he came to the Court's
front counter to file his second amended complaint, plaintiff
stated that he had contacted a lawyer on behalf of the City
of St. Louis about his request for an emergency hearing, and
he claimed that he had no other means to obtain overnight
result of plaintiff s allegations in his renewed motion for
temporary restraining order, on July 13, 2017, the Court held
an emergency hearing on the motion for temporary restraining
[Doc. #2] order and the renewed motion for restraining order
[Doc #9]. Present at the hearing for the City of St. Louis
was Assistant City Counselor, Tony Relys. Plaintiff
represented himself at the hearing and did not present any
witnesses on his own behalf. Mr. Relys submitted the
testimony of Mr. Eddie Roth, Special Assistant to the Mayor
of St. Louis City; although he testified that he was the
former Director of Human Services for the City of St. Louis.
testified under oath that he was a homeless resident of the
City of St. Louis who had been using the services of Biddle
House. He stated that it was his belief that after he
criticized the employees of Biddle House, as well as St.
Patrick's Center on certain media websites, as well as on
the Mayor's website and the City's website, that he
was treated by Biddle House in a retaliatory manner. He
claimed that he was no longer being offered laundry services
at Biddle House, nor being allowed to take a shower or being
given meals. Plaintiff offered as evidence an expired routing
slip showing, purportedly, that he would no longer be
eligible for services at Biddle House. When questioned,
plaintiff admitted that his main issues concentrated on the
fact that he believed he was being denied showers and the
ability to wash clothes during the week of July 13, 2017. He
claimed he was still on a list for an overnight bed at Biddle
House, but he was not sure when his name would move to the
top of the list. Plaintiff pointed to an expired
"routing slip" as the cause of his difficulty in
obtaining showers and laundry services; however, he insisted
he was being denied services due to retaliation. Nonetheless,
he did not articulate one particular staff member who he
believed had seen his media posts and denied him services as
a result of the posts. Plaintiff stated that he did not mind
not having an overnight bed because he could "lay his
head anywhere." Mr. Roth also testified under oath. He
explained that he is presently a special assistant to the