Judy Evans v. Columbia County, et al
| JUDY K. EVANS, Administratrix of the Estate of Tyler Jay Evans, Deceased |
| DAVID VARANO, Warden of Columbia County Prison, GEORGE NYE, Deputy Warden of Columbia County Prison, LPN SARAH NOVOTNEY, JARED CUNFER, Correctional Officer at Columbia County Prison/Sgt./Third Shift Commander at Columbia County Prison, PATRICK ZIELECKI, Correctional Officer at Columbia County Prison, LIEUTENANT BRENT HARNER, LIEUTENANT RYAN BOATMAN, LIEUTENANT DAVID MCCOY and COUNTY OF COLUMBIA, Municipal Gov't in Commonwealth of PA which operates Columbia County Prison |
| 24-1227 |
| February 8, 2024 |
| U.S. Court of Appeals, Third Circuit |
| Other Civil Rights |
Docket Report
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| Filing 25 TEXT ONLY ORDER (Clerk) granting unopposed motion filed by Appellants George Nye, David Varano, Jared Cunfer, Patrick Zielecki and Brent Harner for extension of time to file brief and appendix until April 22, 2024. (ARR) [Entered: 03/18/2024 04:20 PM] |
| Filing 24 ECF FILER: ENTRY OF APPEARANCE from Brian H. Leinhauser on behalf of Appellant(s) David Verano, George Nye, Jared Cunfer, Patrick Zielecki, and Brent Harner. [24-1227] (BHL) [Entered: 03/15/2024 03:21 PM] |
| Filing 23 ECF FILER: UNOPPOSED Motion filed by Appellants Jared Cunfer, Brent Harner, George Nye, David Varano and Patrick Zielecki for Extension of Time to file Appellants' Brief until/for 14 days. Certificate of Service dated 03/15/2024. Service made by ECF. [24-1227] (DJM) [Entered: 03/15/2024 03:16 PM] |
| Filing 22 Attorney Bar status modified for Stephen G. Rhoads, Esq. for George Nye, David Varano, Jared Cunfer, Patrick Zielecki, Brent Harner, County of Columbia and Ryan Boatman and David McCoy. Status is now active. (TMK) [Entered: 02/28/2024 11:41 AM] |
| Filing 21 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (LMR) [Entered: 02/28/2024 10:57 AM] |
| Filing 20 BRIEFING NOTICE ISSUED. Brief on behalf of Appellants Jared Cunfer, Brent Harner, George Nye, David Varano and Patrick Zielecki due on or before 04/08/2024. Appendix due on or before 04/08/2024. (LMR) [Entered: 02/28/2024 10:56 AM] |
| Filing 19 ECF FILER: ENTRY OF APPEARANCE from David J Caputo on behalf of Appellee(s) Judy Evans. [24-1227] (DJC) [Entered: 02/27/2024 12:24 PM] |
Filing 18
ORDER (Clerk) This appeal will not be submitted to a motions panel for possible dismissal due to a jurisdictional defect at this time. The issue of jurisdiction is referred to the merits panel for consideration after briefing. This order does not represent a finding of jurisdiction in this matter. As in all cases, the panel of this Court that reviews the appeal on its merits will make a final determination of jurisdiction. A briefing schedule will be issued at the appropriate time. The parties should address jurisdiction in their briefs. See Fed. R. App. P. 28(a)(4) & 28(b). (CJG) [Entered: 02/27/2024 09:11 AM]
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| Filing 17 NOTICE REGARDING ATTORNEY STATUS for APPEARANCE FORM filed by Attorney Stephen Gage Rhoads, Esq. for Appellants George Nye, David Varano, Jared Cunfer, Patrick Zielecki, Brent Harner and Appellees County of Columbia, Ryan Boatman and David McCoy. Counsel's current status in this Court's attorney rolls is inactive. An attorney must have active status in order to appear before this Court. R.A.D.E. 17.3. If you wish to return to active status or if you believe that you have been marked inactive in error, please complete the Attorney Admission Renewal/Adjustment of Status Form available on this Court's website by 03/11/2024. Future filings will not be accepted from an attorney in inactive status. (TMK) [Entered: 02/26/2024 03:29 PM] |
| Filing 16 ECF FILER: ENTRY OF APPEARANCE from Stephen G. Rhoads on behalf of Appellant(s) Columbia County, Columbia County Prison, Warden David Varano, Deputy Warden George Nye, Sgt. Jared Cunfer, Officers Patrick Zielecki and Brent Harner. [24-1227] (SGR) [Entered: 02/23/2024 12:16 PM] |
| Filing 15 ECF FILER: Response filed by Appellee County of Columbia to clerk order advising of possible dismissal. Certificate of Service dated 02/23/2024. [-SEND TO MERITS] [24-1227]--[Edited 02/27/2024 by CJG] (DJM) [Entered: 02/23/2024 11:29 AM] |
| Filing 14 ECF FILER: ENTRY OF APPEARANCE from David J. MacMain on behalf of Appellant(s) Columbia County, Columbia County Prison, Warden David Varano, Deputy Warden George Nye, Sgt. Jared Cunfer, Officers Patrick Zielecki and Brent Harner. [24-1227] (DJM) [Entered: 02/23/2024 10:55 AM] |
| Filing 13 FOLLOW UP LETTER to David J. MacMain, Esq. and David McCoy and Stephen G. Rhoads, Esq. for Appellees County of Columbia, Ryan Boatman and David McCoy requesting the following document(s): Appearance Form and Response to JD Clerk Order on or before 03/08/2024. (LMR) [Entered: 02/23/2024 09:50 AM] |
| Filing 12 FOLLOW UP LETTER to David J. MacMain, Esq. and Stephen G. Rhoads, Esq. for Appellants George Nye, David Varano, Jared Cunfer, Patrick Zielecki, Brent Harner and Appellees County of Columbia, Ryan Boatman and David McCoy requesting the following document(s): Appearance Form on or before 03/08/2024. (LMR) [Entered: 02/23/2024 09:46 AM] |
| Filing 11 ECF FILER: Response filed by Appellee Judy K. Evans to clerk order advising of possible dismissal, Response. Certificate of Service dated 02/22/2024. [-SEND TO MERITS] [24-1227]--[Edited 02/27/2024 by CJG] (JPD) [Entered: 02/22/2024 04:55 PM] |
| Filing 10 ECF FILER: Response filed by Appellants David Varano, George Nye, Brent Harner, Patrick Zielecki and Jared Cunfer to clerk order advising of possible dismissal. Certificate of Service dated 02/22/2024. [-SEND TO MERITS] [24-1227]--[Edited 02/27/2024 by CJG] (DJM) [Entered: 02/22/2024 04:31 PM] |
| Filing 9 ECF FILER: ENTRY OF APPEARANCE from Jim Davy on behalf of Appellee(s) Judy Evans. [24-1227] (JPD) [Entered: 02/21/2024 04:36 PM] |
| Filing 8 ECF FILER: LETTER from Attorney John R. Ninosky, Esq. for Appellee Sarah Novotney Sarah Novotney is not appealing District Court decision and not a party to appeal, therefore, she takes no position as to this appeal.. Certificate of Service dated 02/21/2024. Service made by ECF. [24-1227] (JRN) [Entered: 02/21/2024 02:49 PM] |
| Filing 7 ECF FILER: Concise Summary of the Case filed by Appellants Jared Cunfer, Brent Harner, George Nye, David Varano and Patrick Zielecki. [24-1227] (DJM) [Entered: 02/19/2024 02:58 PM] |
| Filing 6 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants Jared Cunfer, Brent Harner, George Nye, David Varano and Patrick Zielecki advising this court that no transcripts are available. [24-1227] (DJM) [Entered: 02/19/2024 02:54 PM] |
| Filing 5 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants Jared Cunfer, Brent Harner, George Nye, David Varano and Patrick Zielecki. [24-1227] (DJM) [Entered: 02/19/2024 02:46 PM] |
| Filing 4 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (TMM) [Entered: 02/08/2024 03:35 PM] |
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Filing 3
ORDER (Clerk) Appellants seek review of the District Court order and opinion entered January 10, 2024, denying in part their request for qualified immunity. The order on appeal may not be final within the meaning of 28 U.S.C. Section 1291 and may not otherwise be appealable at this time. Compare Mitchell v. Forsyth, 472 U.S. 511, 530 (1985) with Johnson v. Jones, 515 U.S. 304, 319-20 (1995), and Monteiro v. City of Elizabeth, 436 F. 3d 397, 405 (3d Cir. 2006); see also Barton v. Curtis, 497 F. 3d 331, 335-36 (3d Cir. 2007); Doe v. Groody, 361 F. 3d 232, 237-38 (3d Cir. 2004). All parties must file written responses addressing this issue, with a certificate of service attached, within fourteen (14) days from the date of this order. (TMM) [Entered: 02/08/2024 03:35 PM]
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| Filing 2 RECORD available on District Court CM/ECF. (TMM) [Entered: 02/08/2024 03:28 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellants Jared Cunfer, Brent Harner, George Nye, David Varano and Patrick Zielecki in District Court No. 1-20-cv-00722. (TMM) [Entered: 02/08/2024 03:21 PM] |
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