Saunders v. Dunn et al (DEATH PENALTY)
| Timothy W. Saunders |
| Alabama Department of Corrections, John G. Smith, Steven Marshall, Jefferson S. Dunn, Michael L. Edwards, Terry Raybon and Jefferson Dunn |
| 2:2020cv00456 |
| June 30, 2020 |
| US District Court for the Middle District of Alabama |
| R Austin Huffaker |
| William Keith Watkins |
| Death Penalty - Habeas Corpus |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
88
MEMORANDUM OPINION AND ORDER: On 8/3/2022, the Court referred this case to the undersigned for pretrial management. A magistrate judge is authorized to resolve non-dispositive, pretrial matter matters, including discovery disputes. See Fed. R. Civ . P. 72(a). Before the Court is Plaintiff's Motion to Compel Production of Documents from Defendant Steve Marshall (Doc. No. 56 ); Plaintiff's Motion to Compel Compliant Privilege Log from Defendants (Doc. No. 64 ); Plaintiffs Motion to C ompel Production of Documents from Non-Party, Governor Kay Ivey (Doc. No. 66 ); Plaintiff's Motion to Overrule Objections and to Compel Defendant Alabama Department of Corrections to Respond to First Set of Interrogatories (Doc. No. 70 ); and the Office of the Governor's Provisional Motion to Modify Subpoena (Doc. No. 71 ). The Court held oral argument on the motions on 3/16/2023. Accordingly, it is ORDERED as follows: 1. Plaintiff's Motion to Compel Production of Documents fro m Defendant Steve Marshall (Doc. No. 56 ) is TAKEN UNDER ADVISEMENT. 2. Plaintiff's Motion to Compel Compliant Privilege Log from Defendants (Doc. No. 64 ) is GRANTED to the extent that Defendants are directed further to revise the joint privi lege log by adding a tab which (1) identifies the defendant asserting the privilege, (2) identifies the privilege being asserted as to each document, and (3) identifies the defendant for each RFP. Defendants shall submit an amended revised joint priv ilege log to Plaintiff by 5:00 p.m. on March 24, 2023. 3. Plaintiffs Motion to Compel Production of Documents from Non-Party, Governor Kay Ivey (Doc. No. 66 ) is TAKEN UNDER ADVISEMENT pending the Courts consideration of Plaintiff's response to the provisional motion to modify subpoena. 4. Plaintiff shall file a response to the provisional motion of the Governor's Office to modify Plaintiff's subpoena (Doc. No. 71 ) by 5:00 p.m. on March 17, 2023. 5. Plaintiff's Motion to O verrule Objections and Compel Responses to Interrogatories from Defendant Alabama Department of Corrections (Doc. No. 70 ) is DENIED AS MOOT as to Interrogatory Nos. 1 and 2. The motion is TAKEN UNDER ADVISEMENT as to Interrogatory No. 7, pending th e Courts consideration of the ADOC's forthcoming supplemental answer to this interrogatory. 6. The ADOC shall submit its supplemental answer to Plaintiffs Interrogatory No. 7 by 5:00 p.m. on March 17, 2023. 7. This matter is set for a Status Conference on 4/6/2023 at 01:00 PM before Honorable Judge Jerusha T. Adams. Signed by Honorable Judge Jerusha T. Adams on 3/17/2023. Furnished Calendar, KR. (dmn, )
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Filing
83
MEMORANDUM OPINION AND ORDER: It is ORDERED that Defendants' objection to Interrogatory No. 2 of Plaintiff's First Set of Interrogatories is SUSTAINED, and Plaintiff's Motion to Compel Response to Interrogatory From Defendant Steve Marshall (Doc. No. 58 ) is DENIED as further set out in the opinion and order. Signed by Honorable Judge Jerusha T. Adams on 3/9/2023. (dmn, )
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Filing
53
MEMORANDUM OPINION AND ORDER: it is ORDERED that Defendants' Renewed Motion for Mental Evaluation of Plaintiff, (Doc. No. 50 ) is GRANTED IN PART to the extent that Plaintiff, Timothy W. Saunders, shall submit to a mental evaluation to asse ss both his intellectual ability and his mental condition by Dr. Glen D. King, a licensed clinical psychologist, as follows: 1. Dr. King is authorized to conduct the mental evaluation of Plaintiff at Holman Correctional Facility on two separate dat es in December 2022 at the time and the location specified by prison personnel. 2. Dr. King is authorized to test Plaintiff's intellectual ability by administration of the Wechsler Adult Intelligence Scale, 4th ed. (WAIS-IV) and the Wide Range Achievement Test, 5th ed. (WRAT5). 3. Dr. King is authorized to test Plaintiff's mental condition by conducting a clinical interview and mental status exam, and by administration of the Minnesota Multiplastic Personality Inventory-2 (MMPI-2), the Miller Forensic Assessment of Symptoms Test (M-FAST), and the Structured Interview of Reported Symptoms-2 (SIRS-2). 4. Defendants' Renewed Motion for Mental Evaluation of Plaintiff (Doc. No. 50 ) is DENIED in all other respects. Signed by Honorable Judge Jerusha T. Adams on 12/5/2022. (cwl, )
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Filing
24
MEMORANDUM OPINION AND ORDER: It is ORDERED that Dfts' 12 motion to dismiss is GRANTED as to Mr. Saunders's Eighth Amendment claim in Count Four and is otherwise DENIED; This action proceeds on Mr. Saunders's claims alleging a vio lation of his Fourteenth Amendment rights to procedural due process and equal protection during the one-time election period for a nitrogen hypoxia execution (Count One), a violation of his First and Fourteenth Amendment rights of access to the court s (Count Two), and a violation of the ADA, 42 USC 12112(a), resulting from Dfts' failure to provide him a reasonable accommodation so that he could timely elect nitrogen hypoxia as his method of execution (Count Three). Signed by Honorable Judge William Keith Watkins on 2/17/2022. (bes, )
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Filing
22
MEMORANDUM OPINION AND ORDER: it is ORDERED that the Individual Dfts' 17 motion to dismiss is GRANTED and that Mr. Saunders's claims against the Individual Dfts are DISMISSED with prejudice. Signed by Honorable Judge William Keith Watkins on 9/29/2021. (bes, )
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