Von Perbandt, et al v. Snyder, et al
Case Number: 3:2000cv00162
Filed: March 7, 2000
Court: US District Court for the Southern District of Illinois
Office: East St. Louis Office
Presiding Judge: G. Patrick Murphy
Presiding Judge: Donald G. Wilkerson
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Both
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Date Filed Document Text
March 27, 2013 Opinion or Order Filing 655 ORDER: Defendants' motion to vacate this Court's previous Injunction 646 is GRANTED. The Clerk of the Court is DIRECTED to VACATE this Court's previous Order at Document 637. The Court ADOPTS the Special Master's Report and Response and the recommendations contained therein regarding Plaintiffs' motion for attorneys' fees 569 . Judgment shall enter separately. Signed by Judge G. Patrick Murphy on 3/27/2013. (mab)
October 15, 2012 Opinion or Order Filing 637 ORDER: This matter is before the Court following remand of this case from the United States Court of Appeals for the Seventh Circuit. See Westefer v. Neal, 682 F.3d 679 (7th Cir. 2012); [Doc. 626]. The Court ADOPTS Defendants' proposed remedial plan [Doc. 635] in full as the appropriate grant of equitable relief necessary to correct the violation of the Fourteenth Amendment due process rights of IDOC inmates placed at Tamms and fully articulated by this Court in its July 20, 2010 Order [See Doc. 540]. Signed by Judge G. Patrick Murphy on 10/15/2012. (mab)
July 20, 2012 Opinion or Order Filing 634 ORDER GRANTING Plaintiff's motion for entry of injunctive relief 628 . Signed by Judge G. Patrick Murphy on 7/20/2012. (mab)
February 25, 2011 Opinion or Order Filing 610 ORDER granting 603 Motion to Strike and 607 Motion to Strike brought by Defendants Donald Snyder, Odie Washington, Michael V. Neal, George DeTella, Michael OLeary, Thomas Page, Dwayne Clark, Roger Cowan, Rodney Ahitow, Roger Walker, Roger Zimmerm an, Don Hulick, Deidre Battaglia, and Eddie Jones. It is hereby ORDERED that 601 Motion to Intervene and 602 Motion for a Temporary Restraining Order brought by Maurice Wallace, a member of the certified class in this case, are STRICKEN from the record of this case. Maurice Wallace, IDOC # R10764, is advised that the denial of his motion to intervene will count as one of his three allotted "strikes" under 28 U.S.C. § 1915(g). It is further ORDERED that henceforth the Clerk of Court shall submit any further papers that Wallace may attempt to file in this case to United States District Judge G. Patrick Murphy for preliminary review before the papers can be filed. If the papers are determined by District Judge Murphy or his staff to be irrelevant to the matters at issue in this case, or if the papers otherwise are frivolous or vexatious, the Clerk of Court shall return the papers to Wallace unfiled. This filing restriction on Wallace does not extend to a notice of appeal from this Order. Signed by Judge G. Patrick Murphy on 2/25/2011. (jhs)
February 15, 2011 Opinion or Order Filing 606 ORDER APPOINTING SPECIAL MASTER: The Court appoints attorney Gerald R. Ortbals of the firm of Bryan Cave, LLP, St. Louis, Missouri, as Special Master in this case to determine the attorneys' fees and costs to be awarded pursuant to 42 U.S.C. § 1988(b) in this case; see attached order for details. Signed by Judge G. Patrick Murphy on 2/15/2011. (jhs)
January 1, 2011 Opinion or Order Filing 599 ORDER denying 596 Motion to Intervene brought by Milton Smith. It is ORDERED that the Clerk of Court shall submit any further papers that Milton Smith, IDOC Register No. A81091, may attempt to file in these proceedings to United States District Ju dge G. Patrick Murphy for preliminary review before the papers can be filed; if the papers are determined by District Judge Murphy to be an attempt by Smith to press his claims in Smith v. Walker, Civil No. 07-340-MJR (S.D. Ill. dismissed Aug. 15, 2007), in these proceedings, or otherwise are frivolous or vexatious, the Clerk of Court shall return the papers to Smith unfiled; this filing restriction on Smith does not extend to a notice of appeal from this Order; see attached order for further details. Signed by Judge G. Patrick Murphy on 1/1/2011. (jhs)
October 12, 2010 Opinion or Order Filing 579 ORDER denying 563 Motion for Stay of Judgment; see attached order for specifics. Signed by Judge G. Patrick Murphy on 10/12/2010. (jhs)
July 20, 2010 Opinion or Order Filing 540 FINDINGS OF FACT AND CONCLUSIONS OF LAW: On behalf of Plaintiffs Aryules Bivens, Larry Brown, Finner Bryant, Roosevelt Burrell, Mary Chapman, as the administrator of the estate of Marcus Chapman, Gary Clark, Leverne Clayton, Maurice Coleman, Kennard Combs, Robert Felton, Larry Foutch, Larry Gambrell, John Gill, Timothy Hall, George Harper, Eugene Horton, Michael Johnson, Ted Knox, William Lasley, Alex Muller, Vincent Reyna, Edward Rodriguez, Vincente Rodriguez, Tyshawn Ross, Anibal Santiago, Joe Sorrentino, Michael Sparling, Armando Tinajero, Alejandro Villazana, Mark Von Perbandt, Robert Westefer, and a class of all inmates in the custody of the Illinois Department of Corrections ("IDOC") who have been transferred to the closed m aximum security prison ("supermax prison") at the Tamms Correctional Center ("Tamms") since January 1, 1998, and all inmates in the custody of the IDOC who will be transferred to the supermax prison at Tamms, the Court awards injunctive relief as outlined in the Court's order; the request of Plaintiffs and the class for declaratory relief is denied; see order for specifics. Signed by Judge G. Patrick Murphy on 7/20/2010. (jhs)
March 26, 2010 Opinion or Order Filing 537 ORDER: Pursuant to 28 U.S.C. § 1915(b)(1) Plaintiff Corey A. Taylor is assessed an initial partial filing fee of $16.66 toward the full $455 filing fee owed by Taylor for his recent attempt to appeal to the United States Court of Appeals for the Seventh Circuit; see order for specifics. Signed by Judge G. Patrick Murphy on 3/26/2010. (jhs)
January 27, 2010 Opinion or Order Filing 535 ORDER: Pursuant to the mandate of the United States Court of Appeals for the Seventh Circuit directing this Court to collect appellate filing fees from Plaintiff Corey A. Taylor's prisoner trust fund account pursuant to 28 U.S.C. § 1915(b), it is ordered that officials at the Tamms Correctional Center ("Tamms"), where Taylor is an inmate, shall promptly transmit to the chambers of District Judge G. Patrick Murphy a statement of Taylor's inmate trust account for the perio d from May 10, 2009, until November 10, 2009; the Clerk of Court shall mail a copy of the Court's order to the officials at Tamms responsible for maintaining records of inmate trust accounts. Signed by Judge G. Patrick Murphy on 1/27/2010. (jhs)
January 25, 2010 Opinion or Order Filing 534 ORDER denying 530 Motion for New Trial brought by Plaintiff Bennie Cunningham. Signed by Judge G. Patrick Murphy on 1/25/2010. (jhs)
January 15, 2010 Opinion or Order Filing 531 ORDER granting 377 Motion for Partial Summary Judgment on Defendants' Affirmative Defenses of Exhaustion brought by Plaintiffs Mark Von Perbandt, Michael Sparling, Joseph Sorrentino, Vincente Rodriguez, Edward Rodriguez, William Lasley, Ted Knox, Eugene Horton, George Harper, Robert Felton, Kennard Combs, Mary Chapman as administrator of the estate of Marcus Chapman, and Roosevelt Burrell. Signed by Judge G. Patrick Murphy on 1/15/2010. (jhs)
November 24, 2009 Opinion or Order Filing 490 ORDER denying 464 Motion in Limine brought by Defendants Donald Snyder, Odie Washington, Michael V. Neal, George DeTella, Michael O'Leary, Thomas Page, Dwayne Clark, Rodney Ahitow, and Jerry Gilmore. Signed by Judge G. Patrick Murphy on 11/24/2009. (jhs)
October 30, 2009 Opinion or Order Filing 404 ORDER granting in part and denying in part 398 Motion in Limine brought by Defendants Donald Snyder, Odie Washington, Michael V. Neal, George DeTella, Michael O'Leary, Thomas Page, Dwayne Clark, Rodney Ahitow, and Jerry Gilmore. See Order for specifics. Signed by Judge G. Patrick Murphy on 10/30/2009. (jhs)
September 4, 2009 Opinion or Order Filing 310 ORDER denying 266 Motion for Partial Summary Judgment brought by Plaintiffs Robert Westefer, Mark Von Perbandt, Alejandro Villazana, Armando Tinajero, Michael Sparling, Joe Sorrentino, Anibal Santiago, Tyshawn Ross, Edward Rodriguez, Vincente Rodri guez, Vincent Reyna, Alex Muller, William Lasley, Ted Knox, Michael Johnson, Eugene Horton, George Harper, Timothy Hall, John Gill, Larry Gambrell, Larry Foutch, Robert Felton, Kennard Combs, Maurice Coleman, Laverne Clayton, Gary Clark, Mary Chapman , as the administrator of the estate of Marcus Chapman, Roosevelt Burrell, Finner Bryant, Larry Brown, Aryules Bivens, and the certified class in this matter; granting in part and denying in part 270 Motion for Partial Summary Judgment brought by D efendants Donald Snyder, Odie Washington, Michael V. Neal, George DeTella, Michael OLeary, Dwayne Clark, Jerry Gilmore, Rodney Ahitow, Roger Cowan, and Thomas Page; directing counsel for the parties to submit trial briefs on the due process claims in this matter. See Order for specifics. Signed by Judge G. Patrick Murphy on 9/4/2009. (jhs)
March 31, 2009 Opinion or Order Filing 237 ORDER GRANTING in part and DENYING in part 214 MOTION to Compel Discovery From Defendants filed by Mary Chapman, Larry Gambrell, Aryules Bivens, John Gill, Vincent Reyna, Edward Rodriguez, Joe Sorrentino, Timothy Hall, Vincente Rodriguez, Kennard C ombs, Finner Bryant, Roosevelt Burrell, Alex Muller, Bennie Cunningham, George Harper, Larry Foutch, Larry Brown, Anibal Santiago, Mark Von Perbandt, Michael Johnson, Tyshawn Ross, Laverne Clayton, William Lasley, Alejandro Villazana, Eugene Horton, Ted Knox, Michael Sparling, Maurice Coleman, Armando Tinajero, Robert Westefer, Gary Clark, Robert Felton; DENYING 210 MOTION for the appointment of a certified stenographic reporter filed by Corey A. Taylor; DENYING 232 MOTION to Strike filed by Corey A. Taylor. Signed by Judge G. Patrick Murphy on 3/31/2009. (ssd)
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