Handy v. Cummings et al
Plaintiff: Wyatt T. Handy, Jr.
Defendant: (I) Clark, Clark, Gallegos, (I) Cummings, Cummings, Wendelburg, Thao, Ligon, Elledge, (I) Gretchen, Gretchen, Mollendor, Litwiler, (I) Nancy, Nancy, Girrard, Wood, (I) Wood, Morrisson and Kraus
Case Number: 1:2011cv00581
Filed: March 8, 2011
Court: US District Court for the District of Colorado
Office: Denver Office
County: Arapahoe
Presiding Judge: Wiley Y. Daniel
Presiding Judge: Kathleen M. Tafoya
Nature of Suit: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

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

Date Filed Document Text
June 19, 2014 Opinion or Order Filing 294 ORDER DISMISSING CASE With Prejudice. Each party to bear their own costs and fees by Judge Wiley Y. Daniel on 06/19/14. (jhawk, )
June 18, 2014 Opinion or Order Filing 292 ORDER granting 291 Motion to Dismiss Party. ORDERED that Plaintiff's claims and complaint against Defendants Sgt. Cummings, Deputy Wendelburg, Deputy Thao, Deputy Ligon, Deputy Elledge, Deputy Girard, Deputy Litwiler, Nancy Sivak, Deputy Kr aus, Deputy Gallegos, Deputy Hunt, Sgt. Clark, Sgt. Doizaki, Deputy Emerson, Deputy Kleinheksel, Sheriff GraysonRobinson, Captain Sauter, Lt. Whitaker (Whitiker), Sgt. Rankin, Deputy Freeman,Deputy Longfellow, Deputy Hamm, Lt. Wickstrom, Lt. Vienot, Deputy Terry, Deputy C. Jones, Deputy Vigil, Sgt. Nardi, and Deputy Vincent are DISMISSED WITH PREJUDICE, and said Defendants are dismissed from the case, each party to bear his/her own costs and fees. ORDERED that current Arapahoe County Sheriff Dav id Walcher, in his official capacity only, is substituted for former Arapahoe County Sheriff Grayson Robinson as a named defendant. ORDERED that the case caption in this action shall henceforth be amended to reflect the dismissal and substitution of the parties specified above by Judge Wiley Y. Daniel on 06/18/14.(jhawk, )
June 5, 2014 Opinion or Order Filing 290 ORDER re: 289 Notice of Settlement. After a review of the Notice of Settlement and the file, it is ORDERED that the continued Final Trial Preparation Conference set for Wednesday, June 11, 2014, at 11:00 a.m. and the 5-day jury trial set to commence on Monday, June 16, 2014, at 9:00 a.m. are VACATED. It is FURTHER ORDERED that dismissal papers shall be filed on or before Friday, June 20, 2014, by Judge Wiley Y. Daniel on 6/5/2014. (evana, )
May 28, 2014 Opinion or Order Filing 286 ORDER granting 240 Defendants' Motion for Leave to Amend the Final Pretrial Order. The Final Pretrial Order 231 is AMENDED to include two additional affirmative defenses: (1) a limitation on Plaintiffs recovery of damages for mental or e motional distress injuries under the Prison Litigation Reform Act ("PLRA"), absent an initial showing of physical injury; and (2) immunity under the Colorado Governmental Immunity Act ("CGIA") for state tort liability based on a claim for negligent supervision, by Magistrate Judge Kathleen M. Tafoya on 5/28/14.(sgrim)
March 11, 2014 Opinion or Order Filing 238 PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 3/11/14. (sgrim)
January 14, 2014 Opinion or Order Filing 234 ORDER granting in part and denying in part 212 Motion to Alter Judgment by Judge Wiley Y. Daniel on 01/14/14.(jjhsl, )
July 11, 2013 Opinion or Order Filing 220 Appointment Orders. ORDERED that the Clerk of Court shall select, notify, and appoint counsel to represent the pro se litigant in this civil matter by Magistrate Judge Kathleen M. Tafoya on 07/11/13. (jjhsl, )
March 25, 2013 Opinion or Order Filing 204 ORDER Affirming in Part and Rejecting in Part Recommendation of United States Magistrate Judge. ORDERED that the Recommendation of United States Magistrate Judge is AFFIRMED IN PART AND REJECTED IN PART in accordance with this Order. ORDERED that Defendants Settambrino, Mollender and Wood are DISMISSED from the case and shall hereafter be taken off the caption. ORDERED that Claims Ten, Thirteen and Fourteen are DISMISSED. ORDERED that Defendants' Motion for Summary Judgment 136 is GRANTED IN PART AND DENIED IN PART. ORDERED that Plaintiff's requested relief for preliminary and permanent injunctive relief against the Defendants is DENIED AS MOOT by Judge Wiley Y. Daniel on 03/25/13.(jjhsl, )
November 27, 2012 Opinion or Order Filing 192 MINUTE ORDER denying 154 Motion for Court to Resolve Defendants [sic] Conflict-of-Interest Problems by Magistrate Judge Kathleen M. Tafoya on 11/2812.(jjhsl, )
November 15, 2012 Opinion or Order Filing 190 MINUTE ORDER granting 188 Motion for Rehearing Re: Motion for Court to Order Clerk to Provide Plaintiff with a copy of his Original Complaint and Exhibits. The Clerk of Court is directed to send Plaintiff a copy of his original Complaint 1 and all exhibits thereto by Magistrate Judge Kathleen M. Tafoya on 11/15/12.(jjhsl, )
September 26, 2012 Opinion or Order Filing 182 ORDER Affirming and Adopting Recommendation of United States Magistrate Judge. ORDERED that the Recommendation of United States Magistrate Judge Tafoya 180 is AFFIRMED and ADOPTED. FURTHER ORDERED that the Defendant County of Arapahoe's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b) 121 is GRANTED. FURTHER ORDERED that the Defendant County of Arapahoe is DISMISSED WITHOUT PREJUDICE from this action, by Chief Judge Wiley Y. Daniel on 9/26/12.(sgrim)
June 6, 2012 Opinion or Order Filing 163 MINUTE ORDER granting in part and denying in part 161 Motion for Order. Final Pretrial Conference set for 6/28/2012 09:00 AM before Magistrate Judge Kathleen M. Tafoya. Proposed Pretrial Order due by 6/21/2012. by Magistrate Judge Kathleen M. Tafoya on 06/06/12.(jjhsl, )
April 4, 2012 Opinion or Order Filing 143 ORDER. ORDERED that Plaintiff's Motion an Order Compelling Discovery and Objection and Response to Defendants [sic] Motion for Entry of Protective Order 139 is DENIED and Defendants Motion for Entry of Protective Order 133 is GRANTED. Defendants shall not be required to respond to the Plaintiff's interrogatories and requests for production served on March 12, 2011 by Magistrate Judge Kathleen M. Tafoya on 04/04/12.(jjhsl, )
March 19, 2012 Opinion or Order Filing 130 MINUTE ORDER granting 127 Motion for Court to Order Defendants or Clerk of the Court to Send Plaintiff Copies of the Motion to Dismiss, Third Amended Complaint and Exhibits by Magistrate Judge Kathleen M. Tafoya on 03/19/12.(jjhsl, )
January 5, 2012 Opinion or Order Filing 118 ORDER granting 102 Motion to Amend Complaint. ORDERED that the clerk of court shall file Plaintiffs amended Prisoner Complaint [102-1] and the exhibits thereto [102-2] and [102-3] with instruction that it is accepted as filed with the exception that Plaintiffs claims against Mr. Morrison are not accepted by Magistrate Judge Kathleen M. Tafoya on 01/05/12.(jjh, )
December 21, 2011 Opinion or Order Filing 117 ORDER affirming and adopting Recommendation of U.S. Magistrate Judge 115 . Claims against Defendant Morrison are dismissed without prejudice pursuant to Fed. R. Civ. P. 4(m) for lack of service, by Chief Judge Wiley Y. Daniel on 12/21/11.(gmssl, )
December 12, 2011 Opinion or Order Filing 116 ORDER Affirming and Adopting Recommendation of United States Magistrate Judge. ORDERED that the Recommendation of United States Magistrate Judge Tafoya 106 is AFFIRMED and ADOPTED. ORDERED that Plaintiff's "Motion for Court to Order Jail Officials to Allow the Plaintiff to Have His Legal Materials or in the Alternative Appoint Counsel to Represent Him at the Defendants [sic] Expense" 37 is DENIED AS MOOT by Chief Judge Wiley Y. Daniel on 12/12/11.(jjh, )
September 27, 2011 Opinion or Order Filing 112 ORDER denying 110 Motion for Reconsideration of Order Granting in Part the Defendants [sic] Motion for Entry of Protective Order by All Defendants Except Dep. Morrison and for Modification of the Scheduling Order by Magistrate Judge Kathleen M. Tafoya on 09/27/11.(jjh, )
August 9, 2011 Opinion or Order Filing 96 MINUTE ORDER granting 92 Motion for Subpoena to Produce. The Clerk is directed to send ten signed subpoenas to Plaintiff by Magistrate Judge Kathleen M. Tafoya on 08/09/11.(jjh, )
August 8, 2011 Opinion or Order Filing 94 ORDER Defendants' Motion for Entry of Protective Order by All Defendants Except Dep. Morrison 90 is Granted in Part. Plaintiff's initial discovery composed of approximately 24 interrogatories per each defendant is STRICKEN and Defendants shall not be required to respond. the Scheduling Order in this matter is amended to allow the Plaintiff to serve a total of fifty interrogatories, to be divided among the defendants or not in whatever manner Plaintiff sees fit. No other discovery limitation will be changed or affected by this Order by Magistrate Judge Kathleen M. Tafoya on 08/08/11.(jjh, )
July 26, 2011 Opinion or Order Filing 89 MINUTE ORDER denying 84 Motion for Court Ordered Service of the Summons and Complaint on Dep. Morrison by Magistrate Judge Kathleen M. Tafoya on 07/26/11.(jjh, ) Modified on 7/26/2011 to correct spelling error (jjh, ).
July 11, 2011 Opinion or Order Filing 78 ORDER Granting Service by United States Marshal by Magistrate Judge Kathleen M. Tafoya on 07/07/11. (jjh, )
June 8, 2011 Opinion or Order Filing 60 MINUTE ORDER denying 56 Motion for Court Ordered Service of Summons and the Second Amended Complaint on the Defendants by Magistrate Judge Kathleen M. Tafoya on 06/08/11.(jjh, )
April 25, 2011 Opinion or Order Filing 27 ORDER Granting Service by United States Marshal, by Chief Judge Wiley Y. Daniel on 4/22/11. (Attachments: # 1 Process Receipt and Returns)(lsw, ) Modified on 4/25/2011 to edit attachment description (lsw, ).
April 19, 2011 Opinion or Order Filing 19 ORDER DRAWING CASE. This case shall be assigned to Chief Judge Wiley Y. Daniel pursuant to D.C.COLO.LCivR 40.1C.1., and to Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Boyd N. Boland on 4/19/2011. (sah, )
April 18, 2011 Opinion or Order Filing 17 Minute ORDER denying as unnecessary 16 Motion to Amend Complaint, by Magistrate Judge Boyd N. Boland on 4/18/11.(lyg, )
March 30, 2011 Opinion or Order Filing 14 ORDER Directing Plaintiff to File an Amended Complaint. Plaintiff to file an Amended Complaint as instructed by this Order within 30 days from the date of this Order, by Magistrate Judge Boyd N. Boland on 3/30/11. (lsw, )
March 15, 2011 Opinion or Order Filing 11 ORDER Directing Plaintiff to Cure Deficiency, within 30 days. FURTHER ORDERED that the Motion for Appointment of Counsel 3 and Motion for Court Ordered Service of Summons and Complaint on the Defendants 4 are denied as premature, by Magistrate Judge Boyd N. Boland on 3/15/11.(lyg, )
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Defendant: (I) Clark
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Defendant: Clark
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Defendant: Gallegos
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Defendant: Wendelburg
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Defendant: Thao
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Defendant: Ligon
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Defendant: Elledge
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Defendant: (I) Gretchen
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Defendant: Gretchen
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Defendant: Mollendor
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Defendant: Litwiler
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Defendant: (I) Nancy
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Defendant: Nancy
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Defendant: Girrard
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Defendant: Wood
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Defendant: (I) Wood
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Defendant: Morrisson
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Defendant: Kraus
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Plaintiff: Wyatt T. Handy, Jr.
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