Brown v. McAdory et al
Bobby Brown |
Eugene McAdory, Alfreda Kibby, Donald Gatez, Sandra Simpson, . Hankins, . Roth, . Caraway, Jumper, Groot, Proctor, Charles . Parnell, Kerr, Williams, Parson and . Jeslis |
3:2011cv03195 |
July 6, 2011 |
US District Court for the Central District of Illinois |
Springfield Office |
Schuyler |
Harold A. Baker |
Byron G. Cudmore |
Prison Condition |
42 U.S.C. ยง 1983 |
Plaintiff |
Available Case Documents
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Filing 163 OPINION: The Liberty Defendants' motion in limine 1 is granted ( 146 ). The Liberty Defendants' motion in limine 2 is denied ( 147 ). The Liberty Defendants' motion in limine 3 is granted ( 148 ). The Liberty Defendants' motion in limine 4 is granted ( 149 ). The Liberty Defendants' motion in limine 5 is granted ( 150 ). The Liberty Defendants' motion in limine 6 is denied ( 151 ). The Liberty Defendants' motion in limine 7 is denied ( 152 ). The Liberty D efendants' motion to correct the proposed final pretrial order by replacing Exhibit E is granted ( 158 ). Plaintiff's "motion to show intent" is denied ( 159 ) for the reasons stated by the Court at the final pretrial conference. The court reporter is directed to make a transcript from the recording of the final pretrial conference and to file the transcript. The clerk is directed to send a copy of this order to the court reporter. The parties (or their counsel) shall sign the proposed final pretrial order on November 16, 2015, before voir dire begins. The clerk is directed to issue a revised video writ to secure the presence of the following witnesses from Rushville on both November 16 and 17, 2015, from 1:00-5:00 p. m. The clerk is directed to fax this order to Rushville for delivery to Plaintiff. Before the jury is brought in Monday morning, counsel for the Departmental Defendants shall inform the Court of the first names for Angel, Mercer, Heller, Morris, and Collins. SEE WRITTEN OPINION. Entered by Magistrate Judge Tom Schanzle-Haskins on 11/13/2015. (MJ, ilcd) |
Filing 116 OPINION: Defendants' supplemental motions for summary judgmentare granted in part and denied in part 109 , 110 . Defendants' unopposed motion to compel is granted 102 . Plaintiff is directed to respond to any outstanding discovery reque sts by June 1, 2015. Attorney Daniel Noll is appointed as pro bono counsel to represent Plaintiff at the trial and in any further pretrial proceedings. Discovery will not be reopened. A status conference is scheduled for June 12, 2015 at 2:00 p.m. to discuss whether the parties will consent to Magistrate Judge Schanzle-Haskins and to set a trial date. The final pretrial conference remains scheduled for July 8, 2015, at this point. The clerk is directed to issue a video writ to secure Plaintiff's presence at the status conference on June 12, 2015. SEE Written Opinion. Entered by Judge Sue E. Myerscough on 5/28/2015. (ME, ilcd) |
Filing 86 OPINION: Defendants' motions for summary judgment are denied 57 , 65 . A final pretrial conference is scheduled for November 12, 2014 at 3:00 p.m. Plaintiff shall appear by video conference. Defense counsel shall appear in person. The jury selection and trial are scheduled for February 3, 2015, at 9:00 am. An agreed, proposed final pretrial order is due November 5, 2014. The Court will send out proposed jury instructions and voir dire for discussion at the final pretrial conference. The following are due November 5, 2014: an agreed, proposed final pretrial order; motions in limine; additional or alternate instructions. (SEE WRITTEN OPINION.) Entered by Judge Sue E. Myerscough on 10/14/2014. (GL, ilcd) |
Filing 16 OPINION: Plaintiff's objection to the Court's December, 2011 order is construed as a motion to reconsider (d/e 12 ). The motion is granted in part and denied in part (d/e 12 ). The motion is granted to the extent Plaintiff seeks leave t o reinstate Defendants Hankins, Proctor, Jumper, and Caraway. The clerk is directed to reinstate said Defendants. The motion is otherwise denied. Plaintiff's motion to show cause is denied (d/e 15 ). Defendant Kerr is dismissed without prejud ice. The claim regarding Kerr's alleged refusal to allow Plaintiff to use the restroom is dismissed without prejudice. The Clerk is directed to attempt service of the Complaint and this order on each Defendant pursuant to this District's i nternal procedures for Rushville cases. This cause is set for further scheduling procedures under Fed. R. Civ. P. 16 on June 18, 2012 at 1:30 p.m. (or as soon as the Court can reach the case) before U. S. District Judge Sue E. Myerscough by video conference. See written Opinion. Entered by Judge Sue E. Myerscough on 4/16/2012. (MJ, ilcd) |
Filing 10 OPINION: 1) Plaintiff states two federal due process claims: 1) a claim against Defendant Kerr for Kerr's alleged refusal to allow Plaintiff to use the bathroom on a court writ; and, 2) a claim against Defendants McAdory, Williams, and Parson fo r confining Plaintiff for 11 days in a room with no mattress, cover, clothing or hygiene necessities. Plaintiff's petition to proceed in forma pauperis is accordingly granted (d/e 2). 2) The claims identified in paragraph one above are not prop erly joined in one action. Accordingly, by December 31, 2011, Plaintiff is directed to inform the Court in writing which claim he will pursue in this case. If Plaintiff wishes to pursue both claims he must file, by December 31, 2011, a motion to se ver one of the claims into a separate lawsuit. Plaintiff will be required to post an additional bond of $100 in the separate lawsuit. If Plaintiff does not respond to this order by December 31, 2011, this case will be dismissed in its entirety, without prejudice. 3) Except for the claims and Defendants identified in paragraph one, all other claims and Defendants are dismissed for failure to state a claim. See written Opinion. Entered by Judge Sue E. Myerscough on 12/2/2011. (MJ, ilcd) |
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