Bohnert v. Mitchell, et al

Plaintiff: Curtis Bohnert
Defendant: Joe Arpaio, Maricopa County, Maricopa County Sheriff's Office, Kevin Carr, J. Mitchell, George A Burke, Arizona, State of and Roger Vanderpool
Case Number: 2:2008cv02303
Filed: December 17, 2008
Court: Arizona District Court
Office: Civil Rights: Other Office
County: Maricopa
Presiding Judge: Lawrence O Anderson
Nature of Suit: Both
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Civil Rights Act

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
December 20, 2010 141 Opinion or Order of the Court ORDER - re 75 , 81 granting summary judgment in favor of Dft Maricopa County on Pla's claims asserted in Counts II and VII. FURTHER ORDERED granting summary judgment in favor of Dft Arpaio on Pla's claims asserted in Counts I, II, and VI I. IT IS FURTHER ORDERED granting summary judgment in favor of Dfts Burke and Carr on Pla claims asserted in Counts I, III, IV, V and VI. FURTHER ORDERED that the bench trial set for January 31, 2011 and order that counsel must file proposed findings of fact and conclusions of law on or before Friday, January 14, 2011 are VACATED. The Clerk of Court is directed to enter judgment in favor of Dfts and against Pla and terminate this case. Signed by Magistrate Judge Lawrence O Anderson on 12/20/10. (KMG)
December 7, 2010 131 Opinion or Order of the Court ORDER that attorney J. Scott Halverson's Motion to Withdraw As Co-Counsel of Record for Plaintiff, doc. 129, is DENIED. Signed by Magistrate Judge Lawrence O Anderson on 12/7/10.(KMG)
December 2, 2010 130 Opinion or Order of the Court ORDER that the motion to waive jury trial, doc. 126, is GRANTED in part and DENIED in part. This case shall be tried to the Court without a jury, beginning on January 31, 2011. The parties' motion to submit this case on the record is DENIED. All orders in the Final Scheduling Order are hereby AFFIRMED except as set forth hereinafter. (Doc. 125) FURTHER ORDERED that the Joint Motion for Extension of Deadline, doc. 127, is GRANTED. The parties' attorneys shall prepare and sign a proposed Joint Final Pretrial Order and lodge it with the Clerk no later than Wednesday, December 8, 2010. No further extensions will be granted. FURTHER ORDERED that since the case will be tried to the Court, rather than to a jury, in addition to lodging th e proposed Joint Final Pretrial Order, each party shall file proposed findings of fact and conclusions of law in concise and separately numbered paragraphs on or before Friday, January 14, 2011. Signed by Magistrate Judge Lawrence O Anderson on 12/2/10. (KMG)
October 26, 2010 112 Opinion or Order of the Court ORDER - IT IS ORDERED that the State of Arizona's, Officer Mitchell's, and Roger Vanderpool's Motion for Summary Judgment, doc. 81, is GRANTED as follows:1. on Plaintiff's ADA claim brought pursuant to 42 U.S.C. § 1983, 2. on Plaintiffs Title II ADA claim of disability discrimination, 3. on Plaintiff's claims of negligence, intentional infliction of emotional distress, false arrest, assault and battery alleged in Counts III through VI, respectively,4. on Plaintiff&# 039;s claim in Count II that Roger Vanderpool inadequatelysupervised and trained Officer Mitchell or that he maintained a policy that resulted in the constitutional violation of other individuals constitutional rights, 5. on Plaintiff's claim in Count II that they are vicariously liable on Plaintiff's § 1983 claim. 6. the State of Arizona is not liable on Plaintiffs State law claims of negligence, intentional infliction of emotional distress, false arrest, assault and battery alle ged in Counts III through VI, respectively, under the theory of respondeat superior as alleged in Count VII. The Clerk is directed to terminate Defendants State of Arizona, Officer Jeffrey Mitchell, and Roger Vanderpool from this lawsuit.IT IS FURTHE R ORDERED that Sheriff Arpaios and Maricopa County's Motion for Summary Judgment, doc. 75, is GRANTED in part as follows: 1. on Plaintiff's claim in Count II that they inadequately supervised and trained Deputies Burke and Carr or they main tained a policy that resulted in the constitutionalviolation of other individuals' constitutional rights, and 2. on Plaintiff's claim in Count II that they are vicariously liable on Plaintiff's § 1983 claim.IT IS FURTHER ORDERED that Plaintiff's request for oral argument, doc. 96, is DENIED as unnecessary. (See document for details). Signed by Magistrate Judge Lawrence O Anderson on 10/26/10. (LAD)
September 21, 2010 107 Opinion or Order of the Court ORDER that Maricopa County Deputy Sheriff Burke's and Carr's Motion for Summary Judgment on Qualified Immunity, doc. 75, is GRANTED. The remaining issues raised in this Motion will be addressed at a later time. FURTHER ORDERED that Defendant Officer Jeffrey Mitchell's Motion for Summary Judgment on qualified immunity, doc. 81, is GRANTED. The remaining issues raised in this Motion will be addressed at a later time. Signed by Magistrate Judge Lawrence O Anderson on 9/20/10.(KMG)
August 30, 2010 102 Opinion or Order of the Court ORDER that Randall R. Garczynski's and Brad K. Keogh's Application for Substitution of Counsel, doc. 101, is DENIED without prejudice. IT IS FURTHER ORDERED that if substituted in as counsel in this litigation, attorneys Randall R. Garczyns ki and Brad K. Keogh shall comply with the Rules of Practice for the United States District Court for the District of Arizona. The District's Rules of Practice may be found on the District Courts internet web page at www.azd.uscourts.gov/. Signed by Magistrate Judge Lawrence O Anderson on 8/30/10.(KMG)

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Defendant: Joe Arpaio
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Defendant: Maricopa County
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Defendant: Maricopa County Sheriff's Office
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Defendant: Kevin Carr
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Defendant: J. Mitchell
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Defendant: George A Burke
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Defendant: Arizona, State of
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Defendant: Roger Vanderpool
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Plaintiff: Curtis Bohnert
Represented By: Joseph F Gmuca
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