Mahan v. Heatherton et al
Plaintiff: Bradley Lynn Mahan, Jr
Defendant: Dana Ray, . Belcher, Decatur Police Department, John Doe 2, . Burrows, John Doe 3, . Flannery, Sara Heatherton, C Smith, John Doe 1, Macon County Sheriff Department and . Perry
Case Number: 2:2019cv02279
Filed: October 18, 2019
Court: US District Court for the Central District of Illinois
Presiding Judge: Sara Darrow
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 16, 2019 Filing 25 MOTION to Clarify the three John Doe Officer's Identity by Plaintiff Bradley Lynn Mahan, Jr. Responses due by 12/30/2019 (ED, ilcd)
December 16, 2019 Filing 24 NOTICE of Change of Address by Bradley Lynn Mahan, Jr. Plaintiff will be paroled on 12/20/2019 and can be contacted at 1135 San Marcus Ct., Decatur, IL 62521. (Attachments: #1 notice)(ED, ilcd)
December 16, 2019 Filing 23 NOTICE of Appearance of Attorney by Matthew S Clark on behalf of. Burrows,. Perry, C Smith (Clark, Matthew)
December 16, 2019 Filing 22 WAIVER OF SERVICE Returned Executed by. Burrows,. Perry, C Smith.. Burrows waiver sent on 11/18/2019, answer due 1/17/2020;. Perry waiver sent on 11/18/2019, answer due 1/17/2020; C Smith waiver sent on 11/18/2019, answer due 1/17/2020. (Eberhardt, Susan)
December 16, 2019 Filing 21 NOTICE of Appearance of Attorney by Susan Jacqueline Eberhardt on behalf of. Burrows,. Perry, C Smith (Eberhardt, Susan)
December 11, 2019 Filing 20 WAIVER OF SERVICE Returned Executed by Sara Heatherton. Sara Heatherton waiver sent on 11/18/2019, answer due 1/17/2020. (Robinson, John)
December 11, 2019 Filing 19 NOTICE of Appearance of Attorney by John T Robinson on behalf of Sara Heatherton (Robinson, John)
November 25, 2019 Opinion or Order TEXT ORDER entered by Chief Judge Sara Darrow on 11/25/2019. Plaintiff's Motion to Supplement Information #16 is DENIED. Discovery material is generally not filed with the Court. (SAG, ilcd)
November 22, 2019 Filing 18 MOTION to Request Counsel by Plaintiff Bradley Lynn Mahan, Jr. (Document titled "Seeking Civil Representation") Responses due by 12/6/2019 (MAS, ilcd)
November 22, 2019 Filing 16 MOTION to Supplement Information by Plaintiff Bradley Lynn Mahan, Jr. Responses due by 12/6/2019 (ED, ilcd)
November 20, 2019 Filing 17 MOTION to Clarify the Record by Plaintiff Bradley Lynn Mahan, Jr. Responses due by 12/4/2019 (MAS, ilcd)
November 20, 2019 Opinion or Order TEXT ORDER entered by Chief Judge Sara Darrow on 11/20/2019. Plaintiff's Motion for an Order of Protection #11 asking the Court to require the Illinois State Police to be present at any time he encounters law enforcement in Macon County is DENIED. The defendants have not yet been served with this complaint, the relief Plaintiff seeks is not related to the underlying claims in this lawsuit, and the Court does not otherwise have authority to order a specific agency to be involved in every future interaction Plaintiff has with law enforcement officials in Macon County, Illinois. See Fed. R. Civ. P. 65; Pacific Radiation Oncology, LLC v. Queen's Medical Ctr., 810 F.3d 631, 636 (9th Cir. 2015). Plaintiff's Motion for Court Order #12 asking the Court to direct the Macon County State's Attorney's Office to preserve certain evidence is DENIED. Officials from the Macon County States Attorney's Office are not parties in this lawsuit and the Court does not have the authority to order these officials to take any action related to this case. Plaintiff's Motion #10 is DENIED as moot. The Court has already obtained Plaintiff's trust fund ledgers and ruled on his petition to proceed in forma pauperis accordingly. (SAG, ilcd)
November 18, 2019 Filing 15 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Sara Heatherton,. Burrows, C Smith,. Belcher,. Perry on 11/18/2019. (SAG, ilcd)
November 18, 2019 Opinion or Order Filing 14 HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Harold A. Baker on 11/18/2019. (SAG, ilcd)
November 18, 2019 Opinion or Order Filing 13 MERIT REVIEW ORDER entered by Judge Harold A. Baker on 11/18/2019. IT IS THEREFORE ORDERED: 1. Pursuant to its merit review of the Complaint under 28 U.S.C. 1915A, the court finds that the plaintiff states a Fourth Amendment claim for the use of excessive force against Defendants Heatherton, Burrows, Smith and Perry, and a Fourteenth Amendment claim for the denial of medical care against the Doe defendants. Any additional claims shall not be included in the case, except at the court's discretion on motion by a party for good cause shown or pursuant to Federal Rule of Civil Procedure 15. SEE FULL WRITTEN ORDER.(SAG, ilcd)
November 18, 2019 Opinion or Order TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $15.49. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff is directed to make monthly payments of 20 percent of the preceding month's income credited to Plaintiff's account to the Clerk of Court. Income includes all deposits from any source. The agency having custody of the plaintiff shall forward these payments each time Plaintiff's account exceeds $10, until the filing fee of $350 is paid in full. The Clerk is directed to mail a copy of this order to Plaintiff's place of confinement, to the attention of the Trust Fund Office. Entered by Judge Harold A. Baker on 11/18/2019. (SAG, ilcd)
November 15, 2019 Filing 12 MOTION for Court Order by Plaintiff Bradley Lynn Mahan, Jr. Responses due by 11/29/2019. (KB, ilcd)
November 15, 2019 Filing 11 MOTION for an Order of Protection by Plaintiff Bradley Lynn Mahan, Jr. Responses due by 11/29/2019 (KB, ilcd)
November 14, 2019 Filing 10 MOTION (in letter form) by Plaintiff Bradley Lynn Mahan, Jr. Responses due by 11/29/2019 (ED, ilcd)
November 12, 2019 Filing 9 PDF with attached Audio File. Court Date & Time [ 11/12/2019 2:11:39 PM ]. File Size [ 1584 KB ]. Run Time [ 00:03:18 ]. (admin).
November 12, 2019 Minute Entry for proceedings held on 11/12/2019 before Judge Harold A. Baker. Appearance by the Plaintiff Bradley Lynn Mahan Jr. by telephone. Merit Review Hearing held. Allegations of the complaint discussed. Written order to be entered. (Tape #UR-C: 2:11 PM.) (JMB, ilcd)
October 28, 2019 Filing 8 TELEPHONE WRIT issued to Western IL CC for hearing 11/12/19 at 2:20 p.m. (SAG, ilcd)
October 28, 2019 Opinion or Order TEXT ORDER entered by Judge Harold A. Baker on 10/28/2019. A merit review hearing is set for 11/12/2019 at 2:20 p.m., by telephone conference call from Urbana. The clerk is directed to issue a writ to insure plaintiff's appearance at this merit review hearing.(SAG, ilcd)
October 21, 2019 Filing 7 +++ PRISONER TRUST FUND LEDGER by Bradley Lynn Mahan, Jr (ED, ilcd)
October 18, 2019 Filing 6 MOTION to Request Counsel by Plaintiff Bradley Lynn Mahan, Jr. Responses due by 11/1/2019 (SAG, ilcd)
October 18, 2019 Filing 5 Letter from Clerk of Court to Graham CC and Pinckneyville CC Trust Fund Departments requesting ledgers 4/19/19 through 10/18/19 (Attachments: #1 letter 2) (SAG, ilcd)
October 18, 2019 Filing 4 +++ PRISONER TRUST FUND LEDGER. by Bradley Lynn Mahan, Jr (SAG, ilcd)
October 18, 2019 Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Bradley Lynn Mahan, Jr.(SAG, ilcd)
October 18, 2019 Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Chief Judge Sara Darrow. Effective immediately, all documents should be mailed or scanned to the Rock Island Division, 131 E 4th Street, Davenport, IA 52801. Merit Review Deadline set for 11/7/2019. (Attachments: #1 Notice Regarding Privacy Issues)(SAG, ilcd)
October 18, 2019 Filing 1 COMPLAINT against All Defendants, filed by Bradley Lynn Mahan, Jr.(SAG, ilcd)

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Defendant: Dana Ray
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Defendant: . Belcher
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Defendant: Decatur Police Department
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Defendant: John Doe 2
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Defendant: . Burrows
Represented By: Matthew S Clark
Represented By: Susan Jacqueline Eberhardt
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Defendant: John Doe 3
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Defendant: . Flannery
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Defendant: Sara Heatherton
Represented By: John T Robinson
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Defendant: C Smith
Represented By: Matthew S Clark
Represented By: Susan Jacqueline Eberhardt
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Defendant: John Doe 1
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Defendant: Macon County Sheriff Department
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Defendant: . Perry
Represented By: Matthew S Clark
Represented By: Susan Jacqueline Eberhardt
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Plaintiff: Bradley Lynn Mahan, Jr
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