Brown v. Bank of America, N.A.

CourtDistrict Court, W.D. Missouri
DecidedAugust 15, 2025
Docket4:25-cv-00501
StatusUnknown

This text of Brown v. Bank of America, N.A. (Brown v. Bank of America, N.A.) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Bank of America, N.A., (W.D. Mo. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

LEROY SIMPSON-BROWN, ) ) Plaintiff, ) ) v. ) No. 4:25-cv-00501-DGK ) BANK OF AMERICA, N.A., ) ) Defendant. )

ORDER ON COURTHOUSE ACCESS AND COMMUNICATION RESTRICTIONS FOR THE REMAINDER OF CASE

This case arises from Defendant Bank of America allegedly putting an erroneous fraud alert restriction on Plaintiff Leroy Simpson-Brown’s bank account. According to Plaintiff, the fraud alert was entered into an inter-bank system that prevented Plaintiff from being able to open bank accounts at other institutions. After some informal dispute resolution attempts with Defendant, Plaintiff filed a pro se lawsuit in the Circuit Court of Jackson County, Missouri, alleging claims under the Fair Credit Reporting Act, 15 U.S.C. § 1681, and Missouri state law. On June 30, 2025, Defendant removed the case here based on federal question and diversity jurisdiction. ECF No. 1. In the one month this case has been pending, Plaintiff has filed thirty-five motions and another sixteen notices of filing. The Court1 will address the substance and nature of these filings in a separate order as well as Plaintiff’s repeated violation of the Court’s orders. This order concerns Plaintiff’s alleged misconduct while making filings in the courthouse and his communications with courthouse employees.

1 Although it is clear from the context in this order and all previous orders, “the Court” or “The Court” refers to the undersigned judge. After being informed about a particularly long and volatile incident on July 9, 2025, the Court set a show cause hearing about whether—and if so, to what extent—Plaintiff should have his courthouse access restricted. ECF No. 28. In that order and subsequent orders based on additional alleged misconduct (ECF Nos. 30, 40), the Court set interim restrictions on Plaintiff’s

courthouse access and on his modes of communication with courthouse personnel pending the show cause hearing. On July 24, 2025, the Court held the show cause hearing. After hearing testimony from several courthouse employees, law enforcement, and Plaintiff, the Court issued another temporary order that barred Plaintiff from physically accessing the courthouse except for court hearings and placed restrictions on his communications with courthouse staff and the Court’s staff. ECF No. 61. The Court also signaled it would be issuing a more in-depth order regarding the Court’s findings of fact and conclusions of law. This is that order. For the following reasons, it is ORDERED that: 1. Plaintiff shall not enter the Charles Evans Whittaker United States Courthouse located at 400 East Ninth Street, Kansas City, Missouri 64106, unless he has a court hearing in one of his cases; 2. If Plaintiff enters the courthouse for a hearing in one of his cases, he must immediately report to a Court Security Officer in the lobby and request an escort to and from the courtroom and shall not enter the Clerk’s Office under any circumstance; 3. Plaintiff is prohibited from calling or emailing the Court’s staff, the Clerk of the Court, or the Clerk of the Court’s staff—including any member of the Clerk’s Office—about this case; and 4. All communications with the Court about this case must be made in writing and filed via the mail or through the Electronic Document Submission System (“EDSS”).2 No filings shall be made via email.

These restrictions will stay in place through final judgment in this case. The restrictions in this order override and replace all previous restrictions and any provisions in the Court’s Initial

2 The EDSS is a service that may be used by self-represented parties who need to file documents with the court as an alternative to mailing or bringing the documents to the courthouse. Documents will be processed by the next business day. This system is available here: Electronic Document Submission System | Western District of Missouri. Standing Order (“ISO”) (ECF No. 13) that allow for emailing or calling the Court’s staff in a few limited situations. The Court will also be referring Plaintiff’s conduct to the Chief Judge of this District to determine whether these restrictions or more expanded ones should become permanent at the conclusion of this case.

The Court warns Plaintiff that failure to follow the restrictions may result in the imposition of civil sanctions under Federal Rule of Civil Procedure 11, Rule 41(b), 28 U.S.C. § 1927, and/or the Court’s inherent authority. These sanctions may include monetary fines, limitations on his filing privileges, and/or dismissal of this case with or without prejudice. Failure to follow the Court’s orders may also result in the imposition of criminal penalties for criminal contempt of court under 18 U.S.C. § 401 and/or the Court’s inherent authority. Background Below is a summary of the procedural history for one of Plaintiff’s relevant prior cases and this case, the testimony from the show cause hearing, and the resulting administrative burden from Plaintiff’s actions.

I. Procedural History On May 19, 2025, prior to filing this case, Plaintiff filed another case in this Court. See Simpson-Brown v. Dube, 4:25-cv-00378-GAF, ECF No. 1 (W.D. Mo. May 19, 2025). There, Plaintiff sought to proceed in forma pauperis (“IFP”). Id. The presiding judge denied his motion for leave because he found that although Plaintiff qualified economically for IFP, his complaint failed to state a claim and his claims were barred. Id., ECF No. 5. The presiding judge then denied Plaintiff’s motion to reconsider, id., ECF No. 11, and the Eighth Circuit affirmed, id., ECF No. 15. After that case was dismissed, but before the Eighth Circuit affirmance, this case was removed here on June 30, 2025. The next day, Plaintiff filed six motions and two notices of filing that collectively sought default judgment, striking of certain filings, remand, and expedited review of all these motions. ECF Nos. 4–8, 10. On July 3, 2025, Defendant sought a short extension of time to respond to Plaintiff’s complaint. ECF No. 15. Because Defendant’s answer deadline was the Monday after the July Fourth holiday weekend and because the Court almost always grants

short extension requests like this as a matter of courtesy, the Court granted the extension without waiting for Plaintiff’s response. ECF No. 16.3 Between July 3 and July 7, 2025, Plaintiff filed another five motions and four notices of filing. In those filings, he challenged the Court’s granting of Defendant’s extension request, raised further concerns about the removal process, and started accusing the Court of judicial bias. ECF Nos. 18–25. On July 9, 2025, Plaintiff filed two more motions that alleged Defendant’s misconduct in removal and sought expedited review of motions. ECF Nos. 26–27. That same day, the Court received multiple reports from courthouse staff that Plaintiff had been verbally abusive to staff and caused a lengthy disruption in the Clerk’s Office and the courthouse lobby. The Court received further reports that the presence of many law enforcement

officers was necessary to deescalate the situation, and that Plaintiff had engaged in similar behavior in the past. Since the Court—in more than thirty years on the bench—has never received a report that raised such serious security and well-being concerns for the courthouse staff, law enforcement, and the public, the Court immediately entered a show cause order (the “Show Cause Order”). ECF No. 28.

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Bluebook (online)
Brown v. Bank of America, N.A., Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-bank-of-america-na-mowd-2025.