Tatum v. Mitchell et al

Plaintiff: Antwan Tatum
Defendant: Mitchell, Phillip, Brooks and Humphrey
Case Number: 2:2013cv00151
Filed: November 12, 2013
Court: Arkansas Eastern District Court
Office: Helena Office
County: Hot Spring
Presiding Judge: D. P. Marshall
Referring Judge: J. Thomas Ray
Nature of Suit: Prison Condition
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Available Case Documents

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

Date Filed#Document Text
September 22, 2016 192 Opinion or Order of the Court ORDER appointing Mary Tipton Thalheimer to represent Tatum nunc pro tunc 7/28/2015 as when she appeared. The case is stayed and the Court directs the Clerk to administratively terminate it. The 161 Final Scheduling Order is suspended and the 10/11/2016 trial is canceled. The parties must submit a joint report on competency by 2/6/2017. Motions 176 and 178 are denied without prejudice as moot. Signed by Judge D. P. Marshall Jr. on 9/22/2016. (jak)
September 12, 2016 184 Opinion or Order of the Court ORDER granting 183 Motion. Disclosures due by 9/15/2016. Jury instructions and any trial briefs due by 9/20/2016. No responding trial briefs. Signed by Judge D. P. Marshall Jr. on 9/12/2016. (jak)
August 30, 2016 175 Opinion or Order of the Court ORDER: The Court withdraws the reference. Before the Court can rule on qualified immunity, a jury must decide whether Phillips knew that Mitchell posed a substantial risk to Tatum and if so whether Phillips deliberately disregarded that risk when he opened Tatum's cell for Mitchell. The second motion for summary judgment, 170 is denied. This case is first out for trial on 10/11/2016. The Court eliminates responding trial briefs and adds a request for stipulations on background facts. Please submit any stipulation with proposed jury instructions. The Court will hold a one-hour pretrial on 9/20/2016 at 9:00 a.m. Signed by Judge D. P. Marshall Jr. on 8/30/2016. (jak)
June 23, 2015 157 Opinion or Order of the Court ORDER: Unopposed recommendation, 156 , adopted. Defendants' motion for summary judgment, 137 , is granted in part and denied in part. Tatum's claims against Humphrey are dismissed with prejudice. Tatum may proceed with his failure-to-protect claim against Phillips. Tatum's motion for summary judgment, 145 , is denied. Signed by Judge D. P. Marshall Jr. on 6/23/2015. (jak)
April 20, 2015 155 Opinion or Order of the Court ORDER dismissing without prejudice Tatum's claims against Mitchell and Brooks. Signed by Judge D. P. Marshall Jr. on 4/20/2015. (jak)
October 7, 2014 135 Opinion or Order of the Court ORDER denying 106 Plaintiff's Motion to Extend Time; denying 110 Plaintiff's Motion for Contempt; denying 113 Plaintiff's Second Motion to Appoint Counsel ; denying 116 Plaintiff's Motion to Amend/Correct; denying 119 Motion for a Subpoena, which is more properly characterized as a Motion for Service; and denying 128 Plaintiff's Sixth Motion to Compel. Signed by Magistrate Judge J. Thomas Ray on 10/07/2014. (kcs)
August 18, 2014 105 Opinion or Order of the Court ORDER granting in part 96 Motion to Compel; denying 101 Motion for Reconsideration. Defendants must comply with the instructions in this Order on or before September 2, 2014. Signed by Magistrate Judge J. Thomas Ray on 8/18/2014. (jak)
July 14, 2014 95 Opinion or Order of the Court ORDER denying 91 Motion for Reconsideration. Tatum is responsible for providing a valid address for service on Mitchell. Signed by Judge D. P. Marshall Jr. on 7/14/2014. (jak)
June 30, 2014 87 Opinion or Order of the Court ORDER denying without prejudice 59 and 73 Motions. Tatum has until 25 August 2014 to file a motion for service that contains a valid service address for Mitchell. Tatum's 79 Motion for Extension is granted for good cause. Tatum must file a motion for service containing a valid service address for Defendant Brooks by 25 August 2014. Signed by Judge D. P. Marshall Jr. on 6/30/2014. (jak)
April 8, 2014 55 Opinion or Order of the Court ORDER that the Defendants must, on or before 5/9/2014, comply with the instruction in this Order regarding the preservation of video recordings and photographs; Plaintiff must file, on or before 6/9/2014, a Motion for Service containing a valid servi ce address for Defendant Brooks; Plaintiff is reminded that if he fails to timely and properly do so, his claims, against Defendant Brooks will be dismissed, without prejudice; 53 MOTION to Take Deposition from Antwan Tatum filed by Michael T Humphrey, Bryant Phillips is granted; and the parties must complete discovery by 8/8/2014 and file any dispositive motions on or before 9/8/2014. Signed by Magistrate Judge J. Thomas Ray on 04/08/2014. (kcs)
March 26, 2014 49 Opinion or Order of the Court ORDER denying 23 Plaintiff's Motion to Compel; denying 26 Plaintiff's Motion for Service; 38 Plaintiff's Motion for Service; granting 40 Plaintiff's Motion to Extend Time and a new deadline for providing service information for Defendant Mitchell will be imposed in the Initial Scheduling Order; denying 42 Plaintiff's Motion to Appoint Counsel; and denying 45 Plaintiff's Motion to Compel. Signed by Magistrate Judge J. Thomas Ray on 03/26/2013. (kcs)
February 19, 2014 21 Opinion or Order of the Court ORDER TO SHOW CAUSE: Defendant Humphrey's time to file an answer or responsive pleading has expired. The U.S. Marshal is directed to serve a copy of this Order to Show Cause directly upon the person of Defendant Humphrey. Defendant Humphrey must, within 14 days of the service of this Order, file a Response explaining why default judgment should not be entered against him. Signed by Magistrate Judge J. Thomas Ray on 2/19/2014. (ks)
January 17, 2014 15 Opinion or Order of the Court ORDER directing the Plaintiff to file a Motion for Service containing the first name or initial of Defendant Phillip within ninety days of the entry of this Order. Signed by Magistrate Judge J. Thomas Ray on 01/17/2014. (rhm)
November 22, 2013 5 Opinion or Order of the Court DOCUMENT FILED IN ERROR - DISREGARD (duplicate of docket entry 3 ). (kcs) (Docket text modified on 11/22/2013.) (thd).

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Plaintiff: Antwan Tatum
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