Anthony Lamar v. Dexter Payne, et al
| Anthony D. Lamar |
| Dexter Payne, Director, Arkansas Department of Correction, Randy Straughn, Major, Varner Unit, ADC, James Gibson, Superintendent,/Head Warden, Varner Unit, ADC, Yolanda Linsy, Captain, Varner Unit, ADC, James Shipman, Deputy Warden over Security, Varner Supermax, ADC, Flora Washington, Classification Officer, Varner Unit, ADC, Tiffany Moore, Nurse and Does, Mental Health Counselor, ADC Commissary and Policy Management Team |
| 22-2164 |
| June 2, 2022 |
| U.S. Court of Appeals, Eighth Circuit |
| Prison Condition |
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| Document Text |
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| MANDATE ISSUED. [5429453] [22-2164] (DNS) [Entered: 08/28/2024 11:52 AM] |
| SUPPLEMENTAL ADDENDUM of APPELLANT FILED by Appellant Anthony D. Lamar, w/service by USCA8 08/05/2024. 5 copies. [5420793] [22-2164] (DNS) [Entered: 08/05/2024 11:36 AM] |
| BRIEF FILED - SUPPLEMENTAL/LETTER BRIEF filed by Appellant Anthony D. Lamar w/service by USCA8 08/05/2024 , Length: 49 pages. 5 copies. [5420785] [22-2164] (DNS) [Entered: 08/05/2024 11:32 AM] |
| JUDGMENT FILED - The judgment of the originating court is AFFIRMED in part and REVERSED in part in accordance with the opinion. JAMES B. LOKEN, BOBBY E. SHEPHERD and JONATHAN A. KOBES Hrg Apr 2024 [5420680] [22-2164] (DNS) [Entered: 08/05/2024 09:48 AM] |
| OPINION FILED - THE COURT: James B. Loken, Bobby E. Shepherd and Jonathan A. Kobes AUTHORING JUDGE:Bobby E. Shepherd (PUBLISHED) Granting [ # 5232066-2 ] motion to file supplemental brief filed by Appellant Anthony D. Lamar. [5420670] [22-2164] (DNS) [Entered: 08/05/2024 09:38 AM] |
| PUBLIC DOCKET NOTE: The district court caption incorrectly identifies Yolanda Linsy as Yolanda Linsey. The case caption has been updated to reflect the proper spelling. [5420667] [22-2164] (DNS) [Entered: 08/05/2024 09:35 AM] |
| ARGUED & SUBMITTED in St. Louis to Judges James B. Loken, Bobby E. Shepherd, Jonathan A. Kobes on 04/09/2024. Derek Froman, Law Student for Appellant Anthony D. Lamar. Andrew J. Middlebrooks for Appellees James Gibson, Dexter Payne, Flora Washington, James Shipman, Randy Straughn and Yolanda Linsey. Rebuttal by Derek Froman for Anthony D. Lamar. RECORDED. # Click Here To Listen to Oral Argument [5381690] [22-2164] (JMM) [Entered: 04/09/2024 11:41 AM] |
| 28(j) citation filed by Appellant Anthony D. Lamar w/service 04/05/2024 - FOR CAL [5381066] [22-2164] (SJA) [Entered: 04/05/2024 03:56 PM] |
| ARGUMENT RESPONSE/APPEARANCE FORM filed by Andrew J. Middlebrooks for James Gibson, Yolanda Linsey, Dexter Payne, James Shipman, Randy Straughn and Flora Washington for argument in April, at the U.S. Courthouse in St. Louis, Missouri. [5372517] [22-2164] (AJM) [Entered: 03/12/2024 12:18 PM] |
| ARGUMENT RESPONSE/APPEARANCE FORM filed by Derek Froman for Anthony D. Lamar Derek Froman (law student arguing under 8th Cir. R. 46B, supervised by Steven J. Alagna) for argument in April, at the U.S. Courthouse in St. Louis, Missouri. [5371568] [22-2164] (SJA) [Entered: 03/08/2024 12:07 PM] |
| SET FOR ARGUMENT - CASE PLACED ON CALENDAR - for Argument in St. Louis on Tuesday, April 09, 2024. To be heard before Judges James B. Loken, Bobby E. Shepherd and Jonathan A. Kobes in Division I. The courtroom deputy will be Jeanette McKee. All attorneys presenting oral argument must complete a Response Form. # Click Here to Complete the Oral Argument Response Form . # Click Here for the Complete Calendar PLEASE REVIEW THE ENTIRE CALENDAR CAREFULLY, PARTICULARLY THE COUNSEL NOTICE PAGE. If you are appointed counsel under the Criminal Justice Act and require airline transportation to oral argument, the court will issue a travel authorization the next business day. [5371334] [22-2164] (JMM) [Entered: 03/08/2024 08:47 AM] |
| LETTER from Appellant Anthony D. Lamar regarding availability for oral argument. w/service 02/01/2024 [5359608] [22-2164] (SJA) [Entered: 02/01/2024 04:34 PM] |
| Please note that this case has been screened for oral argument. The exact date of your oral argument has not been determined at this time. You will be receiving a calendar approximately 4 weeks before the scheduled argument date. Please review the current and future argument dates immediately to determine if you have any conflicts. # Click Here to View Published Argument Calendars and Future Court Session Dates and Locations If you do have conflicts with any of the argument dates, please inform this court by sending a letter using the ECF docketing event 'Correspondence to Court', 'Letter filed' 'regarding availability for oral argument'. Your compliance with this policy will minimize the need for motions to continue or reschedule oral argument. The court also encourages you to notify the clerk if conflicts with these dates develop in the future. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. [5358987] [22-2164] (JMM) [Entered: 01/31/2024 02:21 PM] |
| Certificate/Appearance filed by Attorney Mr. Steven J. Alagna for Appellant Mr. Anthony D. Lamar stating that law student, Alison McDonald is qualified to argue. [5335126] [22-2164] (SJA) [Entered: 11/13/2023 02:34 PM] |
| Certificate/Appearance filed by Attorney Mr. Steven J. Alagna for Appellant Mr. Anthony D. Lamar stating that law student, Derek Froman is qualified to argue. [5335123] [22-2164] (SJA) [Entered: 11/13/2023 02:32 PM] |
| Certificate/Appearance filed by Attorney Mr. Steven J. Alagna for Appellant Mr. Anthony D. Lamar stating that law student, Elizabeth Randall is qualified to argue. [5335129] [22-2164] (SJA) [Entered: 11/13/2023 02:36 PM] |
| DOCUMENT FILED - Address Change filed by Mr. Anthony D. Lamar. w/service 10/10/2023 [5324981] [22-2164] Address has been updated. (MTB) [Entered: 10/11/2023 11:48 AM] |
| APPEARANCE filed by Steven J. Alagna for Appellant Mr. Anthony D. Lamar w/service 09/21/2023 [5318670] [22-2164] (SJA) [Entered: 09/21/2023 02:16 PM] |
| JUDGE ORDER: On the Court's own motion, The Washington University School of Law Appellate Practice Clinic is appointed to represent appellant. Any students who work on the case must comply with Eighth Circuit Rule 46B regarding student practice. Professor Steven J. Alagna will serve as contact for the Clinic and as supervising attorney. This appointment is made only for proceedings in this court and shall not extend to any further proceedings in the United States District Court for the Eastern District of Arkansas or to the filing of a certiorari petition. In the event appellant desires to file a certiorari petition, the Clinic's responsibilities shall be limited to advising appellant of the procedures and deadlines for filing a certiorari petition. Scrg Aug 2023 [5317111] [22-2164] (CMH) [Entered: 09/18/2023 10:32 AM] |
| Submission Vacated [22-2164] (JJB) [Entered: 09/13/2023 09:14 AM] |
| CASE SUBMITTED Screening Case Submission before Judges Bobby E. Shepherd, L. Steven Grasz, Jonathan A. Kobes in St. Louis [5306421] [22-2164] (MTB) [Entered: 08/16/2023 08:57 AM] |
| BRIEF FILED - APPELLANT REPLY BRIEF filed by Mr. Anthony D. Lamar. w/service by USCA8 on 04/14/2023 , Length: 20 pages, 5 copies. [5265195] [22-2164] (CNL) [Entered: 04/14/2023 08:19 AM] |
| MOTION for extension of time to file brief until 04/11/2023, filed by Appellant Mr. Anthony D. Lamar w/service by USCA8 on 03/28/2023. [5259239] [22-2164] (CNL) [Entered: 03/28/2023 11:48 AM] |
| CLERK ORDER: Granting [ # 5259239-2 ] motion for extension of time to file brief filed by Appellant Mr. Anthony D. Lamar. Reply brief of Anthony D. Lamar due 04/11/2023 [5259271] [22-2164] (CNL) [Entered: 03/28/2023 12:28 PM] |
| CLERK ORDER: Granting [ # 5257142-2 ] motion for extension of time to file brief filed by Mr. Anthony D. Lamar. Reply brief of Anthony D. Lamar due 04/03/2023 [5257153] [22-2164] (CNL) [Entered: 03/21/2023 12:21 PM] |
| MOTION for extension of time to file brief until 04/03/2023, filed by Party Mr. Anthony D. Lamar w/service by USCA8 on 03/21/2023. [5257142] [22-2164] (CNL) [Entered: 03/21/2023 12:01 PM] |
| CLERK ORDER: Appellant's motion for extension of tile to file the brief is denied as moot [ # 5248878-2 ], as Appellant has already been granted an extension of time to March 20, 2023 to file his reply brief. [5249404] [22-2164] (CNL) [Entered: 02/27/2023 11:48 AM] |
| MOTION for extension of time to file brief with EXHIBITS, filed by Appellant Mr. Anthony D. Lamar w/service by USCA8 on 02/24/2023. [5248878] [22-2164] (CNL) [Entered: 02/24/2023 12:57 PM] |
| CLERK ORDER: Granting [ # 5247613-2 ] motion for extension of time to file brief filed by Appellant Mr. Anthony D. Lamar. Reply brief of Anthony D. Lamar due 03/20/2023 [5247615] [22-2164] (CNL) [Entered: 02/21/2023 03:00 PM] |
| MOTION for extension of time to file brief until 03/20/2023, filed by Appellant Mr. Anthony D. Lamar w/service by USCA8 on 02/21/2023. [5247613] [22-2164] (CNL) [Entered: 02/21/2023 02:58 PM] |
| Paper copies Appellee/Respondent brief, [ # 5243260-2 ] filed by James Gibson, Ms. Yolanda Linsey, Dexter Payne, James Shipman, Mr. Randy Straughn and Flora Washington 10 paper copies received. Reply brief of Anthony D. Lamar due 02/28/2023 [5243776] [22-2164] (CNL) [Entered: 02/08/2023 12:31 PM] |
| APPELLEE brief of James Gibson, Ms. Yolanda Linsey, Dexter Payne, James Shipman, Mr. Randy Straughn and Flora Washington submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5243254] [22-2164]--[Edited 02/07/2023 by CNL. Modified to remove Ms. Tiffany Moore as filer. Ms. Moore is not an appellee in this appeal. NDA resent.] (AJM) [Entered: 02/07/2023 12:18 PM] |
| BRIEF FILED - APPELLEE BRIEF filed by James Gibson, Ms. Yolanda Linsey, Dexter Payne, James Shipman, Mr. Randy Straughn and Flora Washington, w/service 02/07/2023 , Length: 24 pages. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM James Gibson, Yolanda Linsey, Dexter Payne, James Shipman, Randy Straughn and Flora Washington due 02/13/2023 WITH certificate of service for paper briefs Appellant's reply brief deadline will be set, based on the Certificate of Service in appellee's paper brief. [5243260] [22-2164] (CNL) [Entered: 02/07/2023 12:34 PM] |
| Brief deficiency notice sent to counsel, Attorney Mr. Andrew J. Middlebrooks for Appellees James Gibson, Dexter Payne, Flora Washington, James Shipman, Mr. Randy Straughn and Ms. Yolanda Linsey. [5243149] [22-2164] (CNL) [Entered: 02/07/2023 10:16 AM] |
| APPELLEE brief of James Gibson, Ms. Yolanda Linsey, Dexter Payne, James Shipman, Mr. Randy Straughn and Flora Washington submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5242946] [22-2164]--[Edited 02/07/2023 by CNL. Modified to remove Ms. Tiffany Moore as filer. Ms. Moore is not an appellee in this appeal. NDA resent.] (AJM) [Entered: 02/06/2023 04:48 PM] |
| CLERK ORDER: Granting [ # 5235837-2 ] motion for extension of time to file brief filed by Mr. Andrew J. Middlebrooks. Brief of James Gibson, Yolanda Linsey, Dexter Payne, James Shipman, Randy Straughn and Flora Washington due 02/07/2023. [5236435] [22-2164] (CNL) [Entered: 01/17/2023 03:45 PM] |
| CLERK ORDER: Appellant's motion to file supplemental brief and addendum is hereby ordered taken with the case for consideration by the panel to which this case is submitted for disposition on the merits. - FOR CAL [5236255] [22-2164] (CNL) [Entered: 01/17/2023 12:38 PM] |
| MOTION for extension of time to file brief until 02/07/2023, filed by Attorney Mr. Andrew J. Middlebrooks for Appellees James Gibson, Ms. Yolanda Linsey, Dexter Payne, James Shipman, Mr. Randy Straughn and Flora Washington w/service 01/13/2023. [5235837] [22-2164]--[Edited 01/17/2023 by CNL. Modified to correct extension date to reflect date of 02/07/2023 requested in motion. NDA resent.] (AJM) [Entered: 01/13/2023 03:02 PM] |
| MOTION to file supplemental brief and addendum, filed by Appellant Mr. Anthony D. Lamar w/service by USCA8 on 01/03/2022. - FOR CAL. [5232066] [22-2164]--[Edited 01/18/2023 by CNL] (CNL) [Entered: 01/03/2023 12:13 PM] |
| CLERK LETTER sent in response to appellant's letter filed December 30, 2022 [ # 5231558-2 ]. [5231561] [22-2164] (CNL) [Entered: 12/30/2022 12:01 PM] |
| LETTER from Appellant Mr. Anthony D. Lamar regarding change of address. w/service by USCA8 on 12/30/2022 [5231558] [22-2164] (CNL) [Entered: 12/30/2022 11:58 AM] |
| CLERK ORDER: Granting in Part [ # 5228441-2 ] motion for extension of time to file brief filed by Mr. Andrew J. Middlebrooks. Brief of James Gibson, Yolanda Linsey, Dexter Payne, James Shipman, Randy Straughn and Flora Washington due 01/23/2023. [5228454] [22-2164] (CNL) [Entered: 12/19/2022 11:14 AM] |
| MOTION for extension of time to file brief until 02/02/2023, filed by Attorney Mr. Andrew J. Middlebrooks for Appellees James Gibson, Ms. Yolanda Linsey, Dexter Payne, James Shipman, Mr. Randy Straughn and Flora Washington w/service 12/19/2022. [5228441] [22-2164] (AJM) [Entered: 12/19/2022 10:54 AM] |
| JUDGE ORDER: Pursuant to Fed. R. App. P. 2, the motion to dismiss the appeal is denied [ # 5218750-2 ]. The briefing schedule is removed from abeyance. Appellees brief is due December 23, 2022. Adp Sep 2022 [5223141] [22-2164] (CNL) [Entered: 12/02/2022 08:43 AM] |
| RESPONSE with EXHIBITS in opposition to motion to dismiss case and to hold briefing schedule in abeyance pending ruling on motion [ # 5218750-2 ], filed by Party Mr. Anthony D. Lamar , w/service by USCA8 on 11/29/2022. [5221949] [22-2164] (CNL) [Entered: 11/29/2022 12:44 PM] |
| CLERK LETTER sent to hold briefing schedule in abeyance pending ruling on motion to dismiss. [5218873] [22-2164] (CNL) [Entered: 11/17/2022 11:53 AM] |
| MOTION to dismiss case and to hold briefing schedule in abeyance pending ruling on motion, filed by Attorney Mr. Andrew J. Middlebrooks for Appellees James Gibson, Ms. Yolanda Linsey, Dexter Payne, James Shipman, Mr. Randy Straughn and Flora Washington w/service 11/17/2022.[5218750] [22-2164]--[Edited 11/17/2022 by CNL. Modified to correct docket text.] (AJM) [Entered: 11/17/2022 09:37 AM] |
| BRIEF FILED - APPELLANT BRIEF filed by Mr. Anthony D. Lamar. w/service by USCA8 on 10/27/2022 , Length: 25 pages, 5 copies. Appellee/Responsive brief of James Gibson, Yolanda Linsey, Dexter Payne, James Shipman, Randy Straughn and Flora Washington due on 11/28/2022. [5212223] [22-2164] (CNL) [Entered: 10/27/2022 11:53 AM] |
| ADDENDUM of APPELLANT FILED by Appellant Mr. Anthony D. Lamar , w/service by USCA8 on 10/27/2022 [5212229] [22-2164] (CNL) [Entered: 10/27/2022 11:55 AM] |
| LETTER from Appellant Mr. Anthony D. Lamar requesting copy of filed brief and addendum. w/service by USCA8 on 10/27/2022 [5212232] [22-2164] (CNL) [Entered: 10/27/2022 11:58 AM] |
| CLERK LETTER sent responding to appellant's October 27, 2022 letter requesting copy of brief and addendum . [5212234] [22-2164] (CNL) [Entered: 10/27/2022 12:00 PM] |
| JUDGE ORDER: The motion for appointment of counsel is denied [ # 5199285-2 ]. The motion requesting the names of the judges is granted [ # 5206508-2 ]. Appellant has until 10/28/2022 to file a compliant brief and addendum. JAMES B. LOKEN, BOBBY E. SHEPHERD and JANE KELLY Adp Sep 2022 [5207762] [22-2164] (CNL) [Entered: 10/14/2022 10:28 AM] |
| MOTION requesting the names of the judges, filed by Appellant Mr. Anthony D. Lamar w/service by USCA8 on 10/11/2022. [5206508] [22-2164] (CNL) [Entered: 10/11/2022 12:49 PM] |
| JUDGE ORDER: The motion for reconsideration of the clerk's order is denied. [ # 5196191-2 ] Adp Sep 2022 [5202161] [22-2164] (MTB) [Entered: 09/27/2022 10:40 AM] |
| MOTION for appointment of counsel, filed by Appellant Mr. Anthony D. Lamar w/service by USCA8 on 09/16/2022. [5199285] [22-2164] (CNL) [Entered: 09/16/2022 04:19 PM] |
| MOTION for reconsideration of August 24, 2022 Clerk Order [ # 5191055-2 ], filed by Appellant Mr. Anthony D. Lamar w/service by USCA8 on 09/07/2022. [5196191] [22-2164] (CNL) [Entered: 09/08/2022 11:46 AM] |
| CLERK ORDER: Appellant has submitted a 58-page pro se brief [ # 5190947-2 ]. Under Federal Rule of Appellate Procedure 32(a)(7)(A), briefs are limited to 30 pages. Appellant has also filed a 96-page addendum [ # 5190947-2 ]. Under 8th Cir. R. 28A(g)(2), the addendum must not exceed 15 pages excluding the district court opinion and orders and the magistrates report and recommendation. The brief and addendum are stricken, and appellant is granted to September 20, 2022 to file a brief and addendum that comply with the respective page limit. [5191055] [22-2164] (CNL) [Entered: 08/24/2022 03:48 PM] |
| Tendered Appellant's Brief and Addendum received from Appellant Mr. Anthony D. Lamar w/service by USCA8 on 08/24/2022 [Edited 08/24/2022 by CNL. Modified to attach Pro Se NDA. NDA resent.] [5190947] [22-2164]--[Edited 08/25/2022 by CNL] PROPOSED BRIEF AND ADDENDUM HAVE BEEN STRICKEN PER CLERK ORDER DATED AUGUST 24, 2022 [ # 5191055-2 ]. NDA RESENT. (CNL) [Entered: 08/24/2022 12:41 PM] |
| CLERK ORDER: The motion for order directing appellee Gibson to direct his law library supervisor, Mrs. Gladys Evans, to type up appellant's appeal brief for this case, or alternatively, to provide appellant with enough lined paper to hand write his appeal brief is granted to the extent that appellant Mr. Lamar requests a 25-day extension of time to file the brief. The motion in all other respects is denied [ # 5182582-3 ]. Brief of Anthony D. Lamar due 09/06/2022.[5182863] [22-2164] (CNL) [Entered: 08/01/2022 02:41 PM] |
| MOTION for Order directing appellee Gibson to direct his law library supervisor, Mrs. Gladys Evans, to type up appellant's appeal brief for this case, or alternatively, to provide appellant with enough lined paper to hand write his appeal brief with attached Exhibits, filed by Appellant Mr. Anthony D. Lamar w/service by USCA8 on 07/29/2022.--[Edited 08/01/2022 by CNL] Modified to note inclusion of exhibits in motion. NDA resent. [5182582] [22-2164]--[Edited 08/01/2022 by CNL. Modified to add extension of time relief as requested in motion.] (CNL) [Entered: 08/01/2022 09:27 AM] |
| CLERK ORDER: Granting [ # 5174325-2 ] motion for substitution of counsel filed by Ms. Brittany Nicole Edwards. Ms. KaTina Hodge-Guest is hereby removed as counsel for appellees Dexter Payne, Randy Straughn, James Gibson, Yolanda Linsey, James Shipman and Flora Washington. [5174555] [22-2164] (CNL) [Entered: 07/06/2022 01:49 PM] |
| MOTION to substitute Brittany Edwards as attorney in this case in place of Ka Tina Hodge, filed by Attorney Ms. Brittany Nicole Edwards for Appellees James Gibson, Ms. Yolanda Linsey, Dexter Payne, James Shipman, Mr. Randy Straughn and Flora Washington w/service 07/06/2022. [5174325] [22-2164] (BNE) [Entered: 07/06/2022 09:43 AM] |
| APPEARANCE filed by Brittany N Edwards for Appellees James Gibson, Ms. Yolanda Linsey, Dexter Payne, James Shipman, Mr. Randy Straughn and Flora Washington w/service 07/05/2022 [5174004] [22-2164] (BNE) [Entered: 07/05/2022 01:45 PM] |
| MOTION for extension of time to file brief until 08/11/2022, filed by Appellant Mr. Anthony D. Lamar w/service by USCA8 on 06/28/2022. [5172106] [22-2164] (CNL) [Entered: 06/28/2022 11:21 AM] |
| CLERK ORDER: Granting [ # 5172106-2 ] motion for extension of time to file brief filed by Appellant Mr. Anthony D. Lamar. Brief of Anthony D. Lamar due 08/11/2022 [5172109] [22-2164] (CNL) [Entered: 06/28/2022 11:23 AM] |
| Originating court document filed consisting of notice of appeal, docket entries, Partial Recommended Dispositions 11/27/2018, 4/1/2019, and 5/2/2019, Orders 2/4/2019, 5/8/2019, 5/28/2019, 3/18/2022, 6/1/2022, Recommended Disposition 12/2/2021, and Judgment 3/18/2022. [5163936] [22-2164] (CMH) [Entered: 06/02/2022 03:04 PM] |
| BRIEFING SCHEDULE SET AS FOLLOWS: If the original file of the U.S. District Court is available for review in electronic format, the court will rely on the electronic version of the record in its review. The appendices required by 8th Circuit Rule 30A shall not be required. In accordance with 8th Circuit Local Rule 30A (a)(2), the clerk of the United States District Court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format or filed under seal, exhibits, administrative records and state court files. BRIEF OF APPELLANT Anthony D. Lamar due 07/12/2022. Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5163939] [22-2164] (CMH) [Entered: 06/02/2022 03:05 PM] |
| Prisoner case docketed. [5163902] [22-2164] (CMH) [Entered: 06/02/2022 02:37 PM] |
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