Freeman v. Watkins et al
Case Number: 1:2006cv00405
Filed: March 8, 2006
Court: US District Court for the District of Colorado
Office: Denver Office
Presiding Judge: Zita L. Weinshienk
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
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Date Filed Document Text
January 18, 2012 Opinion or Order Filing 349 Opinion and ORDER Granting Summary Judgment in Favor of Defendants. Summary judgment is granted in favor of the Defendants and against Mr. Freeman on the sole remaining claim of violation of due process. The Clerk of the Court shall enter judgment and close the case. All pending motions shall be terminated (terminating 316 Motion to Dismiss;terminating 323 Motion to Dismiss). The Defendants may have their costs, by Judge Marcia S. Krieger on 1/18/12.(gmssl, )
November 18, 2011 Opinion or Order Filing 344 OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT. Plaintiff Russell Eugene Freeman's 322 Motion for Summary Judgment is DENIED. Mr. Freeman shall have through 12/05/2011 to present additional evidence demonstrating a prima facie claim, or to otherwise show cause why summary judgment should not be entered in favor of the Defendants, by Judge Marcia S. Krieger on 11/18/2011.(wjc, )
March 4, 2011 Opinion or Order Filing 310 OPINION AND ORDER GRANTING PLAINTIFF'S MOTION FOR RECONSIDERATION AND REINSTATING CLAIMS AGAINST DEFENDANTS CHARLES TAPPE, BRIAN BRADEN, AND BETTY RIGGIN: IT IS THEREFORE ORDERED that (1) Plaintiff Russell Eugene Freemans Second Motion fo r Relief from Judgment Pursuant to Fed. R. Civ. P. 60(b)(1) 298 is GRANTED. (2) Mr. Freemans claim for violation of his right to call witnesses in the July 2004 disciplinary hearing is REINSTATED as to Charles Tappe, Brian Braden, and Betty Riggin.(3) Given this determination, the Final Pretrial Conference scheduled for Wednesday, March 9, 2011 at 10:00 a.m. is VACATED. The parties shall jointly contact chambers on or before Friday, March 18, 2011 to reschedule a Final Pretrial Conference. Judge Marcia S. Krieger on 3/4/11.(msksec, )
November 17, 2010 Opinion or Order Filing 291 OPINION AND ORDER GRANTING IN PART MOTION TO RECONSIDER: IT IS THEREFORE ORDERED that: (1) Plaintiff Russell Eugene Freeman's Motion to Vacate the Final Order Granting the Defendant's Summary Judgment in Part 285 is GRANTED insofar as it seeks consideration of his claim for confiscation of personal property prior to the March disciplinary hearing but DENIED insofar as it seeks reconsideration of any other claim. (2) SUMMARY JUDGMENT IS GRANTED in favor of the Officer Gigante and the Colorado Department of Corrections and against Mr. Freeman on his claim for confiscation of personal property prior to the March disciplinary hearing. (3) A Final Pretrial Conference is set for 1/26/2011 at 09:00 AM in Courtroom A 901 before Judge Marcia S. Krieger. All provisions of the Court's Order at docket entry #215 shall apply to the rescheduled hearing. Judge Marcia S. Krieger on 11/17/10.(msksec, )
May 4, 2010 Opinion or Order Filing 281 OPINION AND ORDER GRANTING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT: (1) The Defendants' Second Motion for Summary Judgment 237 is GRANTED IN PART and DENIED IN PART. (2) SUMMARY JUDGMENT IS GRANTED in favor o f the Defendants and against Mr. Freeman is entered on the following claims: Mr. Freemans procedural due process claims regarding the disciplinary hearings held on March 17, 2004 and April 27, 2004; Mr. Freemans claim that the April hearing was in re taliation for engaging in protected activity; Mr. Freemans claim that his placement in administrative segregation at either FCF or CSP constituted cruel and unusual punishment in violation of the Eighth Amendment; Mr. Freemans claim that the Defendan ts conspired to violated his constitutional rights; Mr. Freemans claim that he was denied equal protection of the laws; Mr. Freemans claim that he was denied access to the courts.(3) Mr. Freemans claim that Defendant Jo Jiminez violated his right to privacy when she performed an opposite sex strip search on him at CSP is BARRED by the doctrine of qualified immunity. (4) The Motion for Summary Judgment is DENIED as to Mr. Freemans claim against Defendant Carroll for violation of Mr. Freemans right to call witnesses in the July 2004 disciplinary hearing.Judge Marcia S. Krieger on 5/4/10.(msksec, )
April 6, 2010 Opinion or Order Filing 274 Minute ORDER denying 270 MOTION for an Emergency Court Order to Prevent the Illegal Confiscation of Legal Documents and Materials, by Plaintiff. The court declines to interfere in the day-to-day activities of prison administration.Moreover, to the extent Plaintiff is seeking a preliminary injunction, the motion is denied without prejudice, as Plaintiff has failed to address the requirements for injunctive relief set forth in Schrier v. Univ. of Colo., 427 F.3d 1253, 1258 (10th Cir. 2005) by Magistrate Judge Kathleen M. Tafoya on 4/6/2010.(kmtcd, )
February 18, 2010 Opinion or Order Filing 266 Minute Entry for proceedings held before Magistrate Judge Kathleen M. Tafoya: Motion Hearing held on 2/18/2010. Plaintiff's 257 MOTION for Issuance of Subpoena Service is DENIED as follows: Plaintiffs request for medical records of Defendant Bork is DENIED with prejudice. The motion is otherwise DENIED without prejudice to be re-filed at the appropriate time. (FTR - Debra Brown) (kmtcd, )
June 2, 2009 Opinion or Order Filing 228 ORDER Granting Service by United States Marshal by Magistrate Judge Kathleen M. Tafoya on 06/01/09. (wjc, )
June 1, 2009 Opinion or Order Filing 229 Minute Entry for proceedings held before Magistrate Judge Kathleen M. Tafoya: Rule 16 Conference Re: Claims held on 6/1/2009. Defendants 224 MOTION to Withdraw First MOTION for Leave to Appear in Person is GRANTED. Plaintiffs 223 First MOTION fo r Leave to Appear by Telephone is WITHDRAWN. Plaintiffs 217 MOTION for Joinder of Additional Defendants is GRANTED to the extent that it adds the following named parties to the caption of the case, Vicki Jaramillo, Beverly Nichols, Jo Jiminez and Kevin Covin. The Clerk of the Court is directed to amend the caption accordingly. The Court will arrange for service of the new Defendants. As to the Defendant, Cathie (I) Holst, Plaintiffs voluntary dismissal for failure to state a claim is GRANTE D. Defendant Holst shall be removed from the caption. An answer or other responsive pleading shall be filed after service of Defendants Jaramillo, Nichols, Jimenez and Covin in accordance with the Federal Rules of Civil Procedure. (Court Reporter FTR - Debra Brown.) (wjc, )
April 10, 2009 Opinion or Order Filing 215 TRIAL PREPARATION ORDER-CIVIL: Final Pretrial Conference set for 1/26/2010 at 10:00 AM in Courtroom A 901 before Judge Marcia S. Krieger. by Judge Marcia S. Krieger on 4/10/09. (msksec, )
February 20, 2009 Opinion or Order Filing 204 MINUTE ORDER granting 202 Defendants' Unopposed Motion to Vacate the Preliminary Scheduling Conference and Reset. Scheduling Conference is reset for 4/9/2009 at 09:30 AM before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 02/20/09.(wjc, )
February 18, 2009 Opinion or Order Filing 200 MINUTE ORDER denying 197 Defendants' Motion to Vacate the Preliminary Scheduling Conference and Reset. The motion does not reflect that defense counsel has made efforts to confer with the plaintiff prior to the filing of this motion, by Magistrate Judge Kathleen M. Tafoya on 02/18/09.(wjc, )
January 26, 2009 Opinion or Order Filing 195 ORDER: Scheduling Conference set for 3/2/2009 at 09:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. Signed by Magistrate Judge Kathleen M. Tafoya on 01/26/09. (wjc, )
April 20, 2007 Opinion or Order Filing 40 ORDER Reinstating Case re: 38 USCA Mandate. Signed by Judge Zita L. Weinshienk on 4/19/07. (pap, )
March 8, 2006 Opinion or Order Filing 3 ORDER directing clerk to commence civil action and directing plaintiff to cure deficiencies within 30 days re: 2 MOTION for Leave to Proceed Under 28 U.S.C. 1915 filed by Russell E. Freeman. 28 USC 1915 motion and affidavit is missing certified cop y of prisoner's trust fund statement for the 6-month period immediately preceding this filing (account statement submitted is not certified by a prison official). Complaint is not on proper form. Signed by Magistrate Judge Boyd N. Boland on 3/8/06. (bpm, )
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