Ryan v. Moreland

653 S.W.2d 244, 1983 Mo. App. LEXIS 4336
CourtMissouri Court of Appeals
DecidedJune 2, 1983
Docket46569
StatusPublished
Cited by5 cases

This text of 653 S.W.2d 244 (Ryan v. Moreland) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ryan v. Moreland, 653 S.W.2d 244, 1983 Mo. App. LEXIS 4336 (Mo. Ct. App. 1983).

Opinions

STEPHAN, Presiding Judge.

This is an original proceeding in habeas corpus in which the petitioners attack the lawfulness of their detention by the Director of St. Louis County Department of Justice Services. An outline of the facts leading up to their incarceration follows. On November 10, 1980, petitioners Ryan, Lee, O’Brien, Andrews and thirty-six others were enjoined by the Circuit Court of St. Louis County, Provaznik, J., from certain activities related to the conduct of the business of the Del Crest Plaza and, in particular, its tenant, the Ladies Center, Inc., in University City, Missouri. Thereafter, on October 4, 1982, October 21, 1982, October 29, 1982, and November 3, 1982, petitioners were ordered to show cause why they should not be held in contempt of court for various violations of the injunction. A hearing was held on the contempt citations on November 22,1982; and, on December 2, 1982, the Circuit Court issued its judgments finding petitioners Ryan and Andrews guilty of five counts of indirect criminal contempt and petitioners O’Brien and Lee guilty of six counts of indirect criminal contempt. Each petitioner was sentenced to a jail term for each of the violations, the terms to be served consecutively. Ryan’s and Andrews’ sentences total 225 days each; [246]*246O’Brien's and Lee’s sentences total 314 days each. Ryan, O’Brien, and Lee began serving their terms on December 3, 1982, and filed their petitions for habeas corpus on that same day. This Court issued its writs on that day and released Ryan, O’Brien, and Lee on bond forthwith. Petitioner Andrews began serving her sentence on January 3, 1983, filed her petition for habeas corpus on the same day, and was also released on bond forthwith. Andrews’ case was consolidated with those of the other petitioners. In the cases of Ryan, O’Brien, and Lee, the writs were initially addressed to Harold Hoeh, Sheriff of St. Louis County. By consent of the parties, Edward Moreland, Director of the St. Louis County Department of Justice Services was substituted for Sheriff Hoeh as respondent, and Mr. Moreland has made returns in the eases of all petitioners. Answers were duly filed, and the matter has been briefed and argued before this Court.

The body of the injunction which petitioners were found guilty of violating, omitting the names of the others enjoined, reads as follows:

“That Defendants ... Joan E. Andrews, ... Samuel H. Lee, ... Ann Lamb O’Brien, ... John P. Ryan, ... are hereby enjoined from entering upon any portion of the premises, lawns, and parking lot of the Del Crest Plaza, 8420 through 8452 Delmar Boulevard, University City, Missouri, and in particular, although not limited to, the premises and entry at 8448 Delmar Boulevard, with the intent, purpose, or result of interfering, disturbing, disrupting, confronting, undermining, or dissuading the operation, activities, or conduct of any of Plaintiffs’ normal and ordinary business, or that of its tenant the Ladies Center, Inc., or any other tenant of Plaintiffs, or of the business of the employees, patients, and/or business invitees of Plaintiffs, the Ladies Center, Inc., or any other tenant of Plaintiffs, or from engaging in any other unlawful acts with those intents, purposes, or results, including, without limitation thereof, the blocking of the entry at 8448 Delmar Boulevard and the encouragement, solicitation, or direction of such blocking or any other of the foregoing proscribed activities. All persons receiving notice of or a true copy of this Order and acting in concert or in privy with any of the above-named Defendants in the planning or commission of any acts herein enjoined or restrained are hereby similarly enjoined and restrained themselves.”

The order was entered as a result of negotiations in the underlying case which sought injunctive relief against petitioners and others. The negotiations resulted in a stipulation between the plaintiffs and defendants to the effect that defendants had “no objection to the entry of a permanent injunction against them” in the terms set out above. An earlier draft had provided that defendants “consented” to the entry of the injunctive order; but, at their request, the phraseology was changed to show they had “no objection” to its entry. Petitioners received advice of counsel throughout the negotiations as well as after the stipulation was entered into.

We glean from the transcript of the contempt proceedings conducted before Judge Provaznik, from the pleadings, briefs and representations of the parties’ counsel during various appearances before this Court that this matter had its genesis in many demonstrations by petitioners and others at the Ladies Center, an abortion clinic in the Del Crest Plaza. These demonstrations, according to petitioner Lee, had as their “foremost” purpose the protection of fetuses which were to be the subjects of abortions and the counseling of women seeking abortions. Plaintiffs in the underlying injunction proceedings, on the other hand, obviously regarded the petitioners’ activities as unlawful disruptions of their business and that of their tenant, the Ladies Center, as well as harassment of the business invitees of the Center. Petitioners and others were charged with a multitude of city ordinance violations arising out of the demonstrations, and they became the defendants in a suit by the owners of the clinic seeking to enjoin such activities in the future. The injunction set out above was [247]*247to be in settlement of all disputes between the clinic owners and petitioners.

The evidence adduced at the contempt hearings before Judge Provaznik clearly indicates that, commencing on September 18, 1982, all four of the petitioners participated in demonstrations which included blocking the doorway to the Ladies Center and attempting orally to dissuade women who wished to enter from doing so, refusing to leave the area of the doorway when asked to do so by police officers and representatives of the Ladies Center, and generally attempting to interfere with the business of the Ladies Center. These activities were repeated by all four petitioners on October 2, October 9, and October 16, 1982. On October 6, petitioner Andrews stationed herself at the entrance to the Ladies Center and urged persons not to enter the premises. Petitioners O’Brien and Lee engaged in such activities on October 23 and 30, and were joined by Ryan on October 30,1982. That the petitioners were aware of the terms of the injunction at the time each act was committed is made abundantly clear from the record. For example, Lee, O’Brien, and Ryan were present in court on November 10, 1980, when Judge Provaznik read the order to them. Thereafter, all four of the petitioners were provided with copies of the injunction on numerous occasions and heard it read several times over bullhorns at the scene of their demonstrations. In finding the petitioners guilty, Judge Provaznik made meticulous findings of fact as to each violation by each petitioner, found the facts to be true beyond a reasonable doubt, and that each act in disobedience of the injunction was a willful, deliberate and knowing violation. In short, the activities of the petitioners as charged in the orders to show cause and the evidence adduced at the trial present, on the surface, a classic example of indirect criminal contempt: conduct outside of the presence of the contemned court in violation of the dignity of the court and in derogation of its decrees. See Mechanic v. Gruensfelder, 461 S.W.2d 298, 304-305 (Mo.App.1970); Curtis v. Tozer,

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Related

State ex rel. O'Brien v. Moreland
778 S.W.2d 400 (Missouri Court of Appeals, 1989)
Maryland Casualty Co. v. Huger
728 S.W.2d 574 (Missouri Court of Appeals, 1987)
State Ex Rel. Pini v. Moreland
686 S.W.2d 499 (Missouri Court of Appeals, 1984)
Ryan v. Moreland
653 S.W.2d 244 (Missouri Court of Appeals, 1983)

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Bluebook (online)
653 S.W.2d 244, 1983 Mo. App. LEXIS 4336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-moreland-moctapp-1983.