Fitzgerald v. Busby et al

Plaintiff: Nathaniel L Fitzgerald
Defendant: Richard Dick Busby, Teresa Bonner, Zane Boyd, David Boyken, John Dexter, Beasley, Schroder and Jane Does
Case Number: 3:2009cv00154
Filed: September 4, 2009
Court: Arkansas Eastern District Court
Office: Jonesboro Office
County: Crittenden
Presiding Judge: J. Leon Holmes
Referring Judge: Henry L. Jones
Nature of Suit: None
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

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

Date Filed#Document Text
March 29, 2011 167 Opinion or Order of the Court ORDER that the Court construes Nathan Fitzgerald's most recent filings, Documents No. 165 & 166 , as a second motion to reconsider its 3/10/2011 Order & Judgment & denies it. Signed by Judge D. P. Marshall Jr. on 3/29/2011. (jct)
March 21, 2011 163 Opinion or Order of the Court ORDER reflecting the Court construes 161 MOTION for Reconsideration of Order & Judgment and 162 Notice as a collective motion to reconsider its Order & Judgment entered March 10, 2011, and denies it. Signed by Judge D. P. Marshall Jr. on 3/21/2011. (jct)
March 10, 2011 159 Opinion or Order of the Court JUDGMENT in favor of Defendants & against Plaintiff Nathaniel Fitzgerald, pursuant to 158 Order entered this date. Fitzgerald's complaint is dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 3/10/2011. (jct)
February 23, 2011 154 Opinion or Order of the Court ORDER ADOPTING 127 PARTIAL REPORT AND RECOMMENDATIONS of Magistrate Judge Joe J. Volpe; granting in part & denying in part 118 Defendants' MOTION for Summary Judgment. Fitzgerald may proceed on his conditions-of-confinement claim (while in the booking cell) & his excessive-force claim. All of Fitzgerald's official-capacity claims seeking money damages against any immune Defendants are dismissed with prejudice. The Court also dismisses with prejudice any claim based on Fitzgerald 's allegations that the County had an unconstitutional policy or custom, respondeat superior liability, that Defendants failed to answer grievances, denied him visitation, denied him access to mail, failed to provide an adequate diet, retaliated against him, or were deliberately indifferent to serious medical needs in violation of the Eighth Amendment. Fitzgerald's claim that Defendants unlawfully deprived him of personal property is dismissed without prejudice so he may pursue any ap propriate state-law remedy. Likewise, Fitzgerald's claim that Defendants failed to protect him is dismissed without prejudice because he failed to state a claim. Finally, Jane Doe (identified as Nurse Lindsey) is dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 2/23/2011. (jct)
March 16, 2010 83 Opinion or Order of the Court ORDER directing that Plaintiff shall have one last opportunity in which to provide a present address on Defendant Boyken within 10 days of the date of this Order. Failure to provide such or obtain service on Defendant Boyken shall result in his dismissal from Plaintiff's complaint. Signed by Magistrate Judge Henry L. Jones, Jr on 3/16/2010. (jct)
February 16, 2010 80 Opinion or Order of the Court ORDER ADOPTING 74 PARTIAL REPORT AND RECOMMENDATIONS of U.S. Magistrate Judge Henry L. Jones, Jr. in their entirety as this Court's findings. IT IS, THEREFORE, ORDERED that 52 Plaintiff's MOTION for Preliminary Injunction is hereby DENIED. Signed by Chief Judge J. Leon Holmes on 2/16/2010. (jct)
January 14, 2010 67 Opinion or Order of the Court ORDER directing the Clerk to prepare summons for the defendant David Boyken, & the U.S. Marshal is hereby directed to serve a copy of the summons, Complaint & Amended Complaint on the defendant, without prepayment of fees & costs or security therefore. Signed by Magistrate Judge Henry L. Jones, Jr on 1/14/2010. (jct)
December 23, 2009 49 Opinion or Order of the Court ORDER, pursuant to 46 Summons Returned Unexecuted on Defendant Boykin, Defendants are directed to provide the Court with Defendant Boykin's last-known address within 10 days of the date of this Order. In addition, the Court construes 42 & 47 Plaintiff's MOTIONS for Order as motions for preliminary injunctive relief. Defendants shall file a response to these motions w/i 10 days of the date of this Order. Signed by Magistrate Judge Henry L. Jones, Jr on 12/23/09. (jct)
November 16, 2009 26 Opinion or Order of the Court ORDER ADOPTING PARTIAL REPORT AND RECOMMENDATIONS 14 in their entirety. IT IS, THEREFORE, ORDERED that Defendants Zane Boyd and Richard Busby are hereby DISMISSED from Plaintiff's Complaint. Signed by Chief Judge J. Leon Holmes on 11/16/09. (jct)
October 27, 2009 16 Opinion or Order of the Court ORDER, re 2 Complaint, 8 Amended Complaint, 11 Second Amended Complaint & 12 Addendum to Second Amended Complaint, directing Clerk to issue Summons on Defendants Teresa Bonner, David Boyken, John Dexter, Supervisor Beasley, Dr. Schroder & "Nurse Mandy". Further, the U.S. Marshal is directed to serve the documents upon the named Defendants without prepayment of fees & costs or security therefore. Signed by Magistrate Judge Henry L. Jones, Jr on 10/27/09. (jct)

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Plaintiff: Nathaniel L Fitzgerald
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Defendant: Richard Dick Busby
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Defendant: Teresa Bonner
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Defendant: Zane Boyd
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Defendant: David Boyken
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Defendant: John Dexter
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Defendant: Beasley
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Defendant: Schroder
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Defendant: Jane Does
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