Schuler v. Hutchinson et al
| Edward D Schuler |
| Dexter Payne, Leslie Rutledge, Wendy Kelley, Emmer Branch, James Dycus, Gaylon Lay, Asa Hutchinson and Anthony Jackson |
| Taurin Johnson, Donnie B James, Joshua Curl, Robert Draft, Michael McDowell and John J Smith |
| 2:2020cv00097 |
| May 13, 2020 |
| US District Court for the Eastern District of Arkansas |
| D P Marshall |
| J Thomas Ray |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on August 28, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 61 NOTICE by Emmer Branch, Anthony Jackson, Wendy Kelley, Gaylon Lay, Dexter Payne of Service as Required by Doc. 34 (Attachments: #1 Document Joshua Curl Acknowledgement, #2 Document Robert Draft Acknowledgement, #3 Document Donnie James Acknowledgement, #4 Document Taurin Johnson Acknowledgement, #5 Document Michael McDowell Acknowledgement, #6 Document Edward Schuler Acknowledgement, #7 Document John Smith Acknowledgement)(Garner, Jerry) |
| Filing 60 MOTION for Sanctions by Joshua Curl, Donnie B James, Edward D Schuler. (llg) |
| Filing 59 MOTION to Clarify by Emmer Branch, Anthony Jackson, Wendy Kelley, Gaylon Lay, Dexter Payne (Garner, Jerry) |
| Filing 58 NOTICE by Emmer Branch, Anthony Jackson, Wendy Kelley, Gaylon Lay, Dexter Payne of Service as Required by Doc. 34 (Attachments: #1 Document Joshua Curl Acknowledgements, #2 Document Robert Draft Acknowledgements, #3 Document Donnie James Acknowledgements, #4 Document Taurin Johnson Acknowledgements, #5 Document Michael McDowell Acknowledgements, #6 Document Edward Schuler Acknowledgements, #7 Document John Smith Acknowledgements)(Garner, Jerry) |
Filing 57
ORDER denying without prejudice #35 Plaintiffs' Motion for the Court to Intervene. Signed by Magistrate Judge J. Thomas Ray on 7/9/2020. (kdr)
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| Filing 56 RECOMMENDED DISPOSITION recommending Defendants' #39 MOTION for Summary Judgment be granted with respect to all claims that Plaintiffs have asserted against them; this action be dismissed in its entirety without prejudice; Objections due within 14 days of the date of this Recommendation. Signed by Magistrate Judge J. Thomas Ray on 7/8/20. (tjb) |
| Filing 55 MOTION for Order by Edward D Schuler. (ljb) |
| Filing 54 MOTION for Contempt by Edward D Schuler. (ljb) |
| Filing 53 SUMMONS Returned Executed. Dexter Payne served on 6/11/2020. (ajt) |
| Filing 52 NOTICE by All Defendants of Service as Required by Doc. 34 (Attachments: #1 Document Joshua Curl Acknowledgement, #2 Document Robert Draft Acknowledgement, #3 Document Donnie James Acknowledgement, #4 Document Taurin Johnson Acknowledgement, #5 Document Michael McDowell Acknowledgement, #6 Document Edward Schuler Acknowledgement, #7 Document John Smith Acknowledgement)(Garner, Jerry) |
| Filing 51 STATUS REPORT July 1, 2020, Status Report by Emmer Branch, Anthony Jackson, Wendy Kelley, Gaylon Lay, Dexter Payne. (Attachments: #1 Exhibit A - Declaration of Secretary of Corrections Wendy Kelley)(Garner, Jerry) |
| Filing 50 NOTICE by All Defendants of Service as Required by Doc. 34 (Attachments: #1 Document Joshua Curl Acknowledgement, #2 Document Robert Draft Acknowledgement, #3 Document Donnie James Acknowledgement, #4 Document Taurin Johnson Acknowledgement, #5 Document Michael McDowell Acknowledgement, #6 Document Edward Schuler Acknowledgement, #7 Document John Smith Acknowledgement)(Garner, Jerry) |
| Filing 49 ANSWER to #2 Complaint with Jury Demand by Emmer Branch, James Dycus, Wendy Kelley, Gaylon Lay, Dexter Payne.(Garner, Jerry) |
| Filing 48 RESPONSE in Opposition re #35 MOTION to Intervene and Response in Opposition to Correspondence (Doc. 42) filed by All Defendants. (Attachments: #1 Exhibit A - Declaration of Emmer Branch, #2 Exhibit B - Grievance EA-20-00821, #3 Exhibit C - Grievance EA-20-00832)(Garner, Jerry) |
| Filing 47 REPLY to Response to Motion re #39 MOTION for Summary Judgment on the Issue of Exhaustion filed by All Defendants. (Garner, Jerry) |
| Filing 46 RESPONSE in Opposition to #39 MOTION for Summary Judgment on the Issue of Exhaustion filed by Joshua Curl, Donnie B James, Edward D Schuler. (llg) |
| Filing 45 SUMMONS Returned Executed. Asa Hutchinson served on 6/12/2020. (ajt) |
| Filing 44 SUMMONS Returned Executed. Leslie Rutledge served on 6/16/2020. (ajt) |
| Filing 43 NOTICE by All Defendants of Service as Required by Doc. 34 (Attachments: #1 Document Joshua Curl Acknowledgement, #2 Document Robert Draft Acknowledgement, #3 Document Donnie James Acknowledgement, #4 Document Taurin Johnson Acknowledgement, #5 Document Michael McDowell Acknowledgement, #6 Document Edward Schuler Acknowledgement, #7 Document John Smith Acknowledgement)(Garner, Jerry) |
| Filing 42 Letter from Edward D Schuler, Donnie B James, Joshua Curl, Michael McDowell, John J Smith. (llg) |
| Filing 41 STATEMENT OF FACTS (Local Rule 56.1) re #39 Motion for Summary Judgment,, on the Issue of Exhaustion filed by All Defendants. (Garner, Jerry) |
| Filing 40 BRIEF IN SUPPORT re #39 Motion for Summary Judgment,, on the Issue of Exhaustion filed by All Defendants. (Garner, Jerry) |
| Filing 39 MOTION for Summary Judgment on the Issue of Exhaustion by All Defendants (Attachments: #1 Exhibit A - Declaration of Debra Mills, #2 Exhibit B - Declaration of Jacqueline Michelle Buterbaugh, #3 Exhibit C - Declaration of Terri Grigsby, #4 Exhibit D - EA-20-00549 Grievance File, #5 Exhibit E - EA-20-00745 Grievance File, #6 Exhibit F - EA-20-00765 Grievance File, #7 Exhibit G - EA-20-00762 Grievance File, #8 Exhibit H - EA-20-00332 Grievance File, #9 Exhibit I - EA-20-00705 Grievance File, #10 Exhibit J - EA-20-00823 Grievance File, #11 Exhibit K - EA-20-00766 Grievance File, #12 Exhibit L - Administrative Directive 2019-34)(Garner, Jerry) |
| Filing 38 NOTICE by All Defendants of Service as Required by Doc. 34 (Attachments: #1 Document Joshua Curl Acknowledgement, #2 Document Robert Draft Acknowledgement, #3 Document Donnie James Acknowledgement, #4 Document Taurin Johnson Acknowledgement, #5 Document Michael McDowell Acknowledgement, #6 Document Edward Schuler Acknowledgement, #7 Document John Smith Acknowledgement)(Garner, Jerry) |
| Filing 37 STATUS REPORT June 17, 2020, Status Report by Emmer Branch, James Dycus, Wendy Kelley, Gaylon Lay, Dexter Payne. (Attachments: #1 Exhibit A - Declaration of Secretary of Corrections Wendy Kelley)(Garner, Jerry) |
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Filing 36
ORDER granting #18 Plaintiffs' Motion to Clarify; modifying the instructions in the Court's Initial Order for Pro Se Prisoners regarding collection of the filing fee, filed in each Plaintiff's separate case as Doc. #6 , as explained in this Order; directing monthly payments be made from Plaintiff's prison trust account for the $350 filing fee; and directing the Clerk to send a copy of this Order to the Warden of the East Arkansas Regional Unit, the ADC Trust Fund Centralized Banking Office, and the ADC Compliance Division. Signed by Magistrate Judge J. Thomas Ray on 6/17/2020. (jbh)
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| Filing 35 MOTION to Intervene by Edward D Schuler. (kdr) |
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Filing 34
ORDER directing Defendants to file as soon as possible (hopefully by Friday 6/19), but in no event later than Monday, 6/22, a motion for summary judgment and supporting papers that fully develops their affirmative defense that Plaintiffs have not exhausted their administrative remedies on their COVID-19deliberate indifference claim; directing Plaintiffs to immediately to assemble the informal resolutions (Step One), grievances (Step Two), and appeal documents (Step Three) demonstrating that each of them has fully exhausted their administrative remedies on their COVID-19 deliberate indifference claims; specifically directing Plaintiffs not to wait until they receive Defendants' motion for summary judgment to assemble these documents; directing plaintiffs to file their Response in opposition to Defendants' motion for summary judgment within 10 days from the date they were served with that motion, and must attach to their Response copies of the documents they are relying on to establish that each of them properly exhausted their administrative remedies on their COVID-19 deliberate indifference claims; directing Defendants to serve Plaintiffs, no later than noon on the day following the date the order or pleading is filed; directing Plaintiffs to sign an acknowledgment form, prepared by Defendants, which reflects their receipt of the order or pleading being served; and directing Defendants to file a copy of those fully executed acknowledgments with the Court. Signed by Magistrate Judge J. Thomas Ray on 6/15/2020. (kdr)
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| Filing 33 STATUS REPORT Supplemental Status Report by Emmer Branch, James Dycus, Wendy Kelley, Gaylon Lay, Dexter Payne. (Attachments: #1 Exhibit A - Declaration of Dexter Payne)(Garner, Jerry) |
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Filing 31
ORDER directing the Clerk to correct the docket to show #11 Motion for Order as a declaration in support of injunctive relief. The Court construes the #25 Motion to reconsider a TRO, as a supplement to their motion for preliminary injunction and directs to Clerk to amend the docket to indicate that these are supplemental filings. #3 and #25 Motions for preliminary injunction are denied without prejudice. #23 Motion for default judgment denied. #14 Motion to dismiss partly granted and mostly denied. The inmates' claims against the Governor and Attorney General are dismissed with prejudice. #19 & #20 Motions are denied without prejudice as premature. The Court directs the defendants to file a status report by 6/17/2020 and every fourteen days thereafter until further notice. The Court refers the consolidated case back to Magistrate Judge Ray for further proceedings. Signed by Chief Judge D. P. Marshall Jr. on 6/11/2020. (jak)
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| Filing 32 ADDENDUM to #25 Supplement to #3 Motion for Preliminary Injunction by All Plaintiffs.(kdr) |
| Filing 30 RESPONSE in Opposition re #25 MOTION for Reconsideration re #8 Order,, Terminate Motions,, Set Deadlines/Hearings, filed by All Defendants. (Garner, Jerry) |
| Filing 29 SUMMONS Returned Executed. Emmer Branch served on 5/29/2020. (ajt) |
| Filing 28 SUMMONS Returned Executed. James Dycus served on 5/29/2020. (ajt) |
| Filing 27 SUMMONS Returned Executed. Wendy Kelley served on 5/29/2020. (ajt) |
| Filing 26 SUMMONS Returned Executed. Gaylon Lay served on 5/29/2020. (ajt) |
| Filing 25 SUPPLEMENT to Motion for Preliminary Injunction by Edward D Schuler. (llg) [Docket text modified on 6/11/2020 per #31 Order] (jak) |
| Filing 24 DECLARATION in Support of #23 Motion for Default Judgment filed by All Plaintiffs. (ljb) |
| Filing 23 MOTION for Default Judgment against All Defendants by All Plaintiffs. (ljb) |
| Filing 22 STATUS REPORT by Emmer Branch, James Dycus, Asa Hutchinson, Wendy Kelley, Gaylon Lay, Dexter Payne, Leslie Rutledge. (Attachments: #1 Exhibit A - Second Declaration of Arkansas Division of Correction Director Dexter Payne)(Garner, Jerry) |
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Filing 21
ORDER requesting a short status report from the defendants about positive cases at EARU and the ADC's response. Status report due by noon on 6/9/2020. Signed by Chief Judge D. P. Marshall Jr. on 6/8/2020. (jak)
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| Filing 20 MOTION for Class Certification by Edward D Schuler. (kdr) |
| Filing 19 MOTION to Appoint Counsel by Edward D Schuler. (kdr) |
| Filing 18 MOTION to Clarify by all Plaintiffs. (ljb) (Docket entry modified on 6/4/2020 to correct the party filers.) (cmn) |
| NOTICE OF DOCKET CORRECTION re #18 Motion. CORRECTION: The docket entry was modified to correct the filing parties and description as follows, "MOTION to Clarify by all Plaintiffs" as marked on the document. (cmn) |
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Filing 17
ORDER cancelling the hearing set for Thursday, June 4th. If a hearing is needed, the Court will set a new date. Signed by Chief Judge D. P. Marshall Jr. on 6/3/2020. (jbh)
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| Filing 16 RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order filed by All Defendants. (Attachments: #1 Exhibit 1. Payne Declaration, #2 Exhibit 2. March 11 Memo, #3 Exhibit 3. March 16, 2020 Press Release, #4 Exhibit 4. Branch Declaration, #5 Exhibit 5. March 19, 2020 Visitation Poster, #6 Exhibit 6. March 19, 2020 Furlough Poster, #7 Exhibit 7. March 20, 2020 Poster, #8 Exhibit 8. March 27, 2020 Wellpath Memo, #9 Exhibit 9. CDC Guidance for Correctional Facilities, #10 Exhibit 10. Arkansas Department of Health March 27, 2020 Guidance, #11 Exhibit 11. March 17, 2020 EARU Memo, #12 Exhibit 12. May 4, 2020 EARU COVID-19 Documentation, #13 Exhibit 13. Citrus Breeze III Information, #14 Exhibit 14. Public Health Notice Poster, #15 Exhibit 15. Protect Yourself Poster, #16 Exhibit 16. Clean Hands Poster, #17 Exhibit 17. Cover Your Cough Poster, #18 Exhibit 18. Wash Hands (English), #19 Exhibit 19. Wash Hands (Spanish), #20 Exhibit 20. Wellpath Informational Poster, #21 Exhibit 21. EARU COVID-19 Morning Show Slides, #22 Exhibit 22. CDC Cloth Mask Recommendation, #23 Exhibit 23. May 3, 2020 Payne Email re: Social Distancing in Barracks, #24 Exhibit 24. Arkansas Department of Health April 13, 2020 Guidance, #25 Exhibit 25. Arkansas Department of Health April 15, 2020 Guidance, #26 Exhibit 26. Schuler ADC Webpage, #27 Exhibit 27. James ADC Webpage, #28 Exhibit 28. Curl ADC Webpage, #29 Exhibit 29. McDowell ADC Webpage, #30 Exhibit 30. Smith ADC Webpage, #31 Exhibit 31. Draft ADC Webpage, #32 Exhibit 32. Johnson ADC Webpage, #33 Exhibit 33. March 21, 2020 Payne Email re: Sanitizing Transportation Vehicles, #34 Exhibit 34. March 11, 2020 Payne Email re: Limiting Staff Travel, #35 Exhibit 35. April 30, 2020 Kelley Email re: Distancing in Barracks, #36 Exhibit 36. April 15, 2020 Kelley Email re: Programs, #37 Exhibit 37. April 8, 2020 Kelley Email re: COVID-19 Update, #38 Exhibit 38. Sales Orders for Masks & Respirators, #39 Exhibit 39. Industry Stock Transfer Forms, #40 Exhibit 40. April 12, 2020 Payne Email re: Entrance Building, #41 Exhibit 41. April 27, 2020 Payne Email re: How to Protect Yourself, #42 Exhibit 42. April 21, 2020 Payne Email re: Use of Cloth Face Masks, #43 Exhibit 43. April 8, 2020 Payne Email re: Inmate Visitation, #44 Exhibit 44. March 17, 2020 Intake Memo, #45 Exhibit 45. Kelley Garner Declaration, #46 Exhibit 46. AD 19-34)(Merritt, Jennifer) |
| Filing 15 BRIEF IN SUPPORT re #14 Motion to Dismiss/Lack of Jurisdiction and Failure to State a Claim filed by All Defendants. (Merritt, Jennifer) |
| Filing 14 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by All Defendants (Merritt, Jennifer) |
| Filing 13 NOTICE of Appearance by Jerry D. Garner on behalf of All Defendants (Garner, Jerry) |
| Filing 12 NOTICE of Appearance by Jennifer L. Merritt on behalf of All Defendants (Merritt, Jennifer) |
| Filing 11 DECLARATION in Support of Injunctive Relief by Edward D Schuler. (llg)[Docket text modified on 6/11/2020 pursuant to #31 Order] (jak) |
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Filing 10
ORDER denying as moot #9 Motion to correct. #9 Motion for copies granted as modified. The Court directs the Clerk to send Johnson a copy of the docket sheet in this case and a copy of #8 Order. The Court also directs the Clerk to send Johnson a copy of the docket sheet in Case No. 2:20-cv-103 DPM and the Court's 7 Order in that case. If Johnson needs copies of other papers, then he may request them in another motion. Signed by Chief Judge D. P. Marshall Jr. on 5/27/2020. (jak)
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| Filing 9 MOTION for Copies by Taurin Johnson. (ljb) |
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Filing 8
ORDER withdrawing the reference. Cases consolidated. #3 Motion for temporary restraining order is denied. Expedited answer or Rule 12(b) motion and expedited response to motion for preliminary injunction, #3 - #5 due by 6/1/2020. If the Court needs to hold a hearing, it will do so at 1:00 p.m. on 6/4/2020 in courtroom 1A of the Richard Sheppard Arnold United States Courthouse. Signed by Chief Judge D. P. Marshall Jr. on 5/22/2020. (jak)
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| Summons Issued as to All Defendants and forwarded to U.S. Marshal for service. (ljb) |
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Filing 7
ORDER directing the Clerk to prepare summons for Payne, Lay, Kelley, Branch, and Dycus; directing the United States Marshal to serve the summons and #2 Complaint, #3 , #4 , and #5 Motion for TRO and Preliminary Injunction and supporting papers, and this Order, without prepayment of fees and costs or security therefor; directing the Clerk to prepare a summons for Governor Hutchinson and Attorney General Rutledge; and directing the United States Marshal to serve the summons and #2 Complaint, #3 , #4 , #5 Motion for TRO and Preliminary Injunction and supporting papers, and this Order, without prepayment of fees and costs or security therefor. Signed by Magistrate Judge J. Thomas Ray on 05/20/2020. (ajt)
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Filing 6
INITIAL ORDER FOR PRO SE PRISONERS granting #1 IFP motion; directing monthly payments be collected from Plaintiff's institutional account, until a total of $350 has been paid to the Clerk; and directing the Clerk to send a copy of this Order to the Warden of the EARU and the appropriate ADC offices. Signed by Magistrate Judge J. Thomas Ray on 5/19/2020. (kdr)
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| Filing 5 MEMORANDUM of Law in Support of #3 Motion for TRO filed by Edward D Schuler. (ljb) |
| Filing 4 DECLARATION in Support of #3 Motion filed by Edward D Schuler. (ljb) |
| Filing 3 MOTION for Temporary Restraining Order, Preliminary Injunction, and Expedited Hearing by Edward D Schuler. (ljb) (Docket text modified on 5/18/2020 to include a reference to the Preliminary Injunction pursuant to instructions from Chambers.) (thd). |
| NOTICE OF DOCKET CORRECTION re: #3 Motion for Temporary Restraining Order. CORRECITON: The docket text was modified to correct the description of the document filed as "MOTION for Temporary Restraining Order, Preliminary Injunction, and Expedited Hearing". (thd) |
| Filing 2 COMPLAINT with Jury Demand against All Defendants, filed by Edward D Schuler.(kdr) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Edward D Schuler. (kdr) |
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