Waterman v. Cherokee County Jail et al
Plaintiff: Brian Michael Waterman
Defendant: Cherokee County Jail, David Groves, Michelle Tippie, Thomas Degroot, Amanda Phillips, Kristin Wagnor, April Macafee and Judah Eliss
Case Number: 5:2018cv03092
Filed: April 12, 2018
Court: US District Court for the District of Kansas
Office: Topeka Office
County: Cherokee
Presiding Judge: Sam A. Crow
Nature of Suit: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

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

Date Filed Document Text
March 31, 2023 Opinion or Order Filing 359 MEMORANDUM AND ORDER ENTERED: For the reasons stated herein, Defendants' motion for summary judgment is GRANTED. The clerk is directed to enter judgment in favor of Defendants. Signed by District Judge John W. Broomes on 3/31/2023. Mailed to pro se party Brian Michael Waterman by regular mail. (jal)
December 1, 2022 Opinion or Order Filing 356 MEMORANDUM AND ORDER denying 352 Mr. Shaw's motion to join. Signed by District Judge John W. Broomes on December 1, 2022. Mailed to pro se parties Brian Michael Waterman and Robert M. Shaw by regular mail. (mls)
November 23, 2022 Opinion or Order Filing 355 MEMORANDUM AND ORDER ENTERED: Plaintiff's motion (Doc. 351 ) is DENIED. Defendants' motion for summary judgment will be treated as unopposed. Signed by District Judge John W. Broomes on 11/23/2022. Mailed to pro se party Brian Michael Waterman by regular mail. (jal)
November 7, 2022 Opinion or Order Filing 350 MEMORANDUM AND ORDER. Plaintiff's motion for extension of time to file a motion for summary judgment is DENIED and Plaintiff's motion for extension of time to file a response to Defendants' motion for summary judgment is GRANTED. Plaintiff shall file his response to Defendants' motion for summary judgment (Doc. 344 ) on or before 11/15/2022. Signed by District Judge John W. Broomes on 11/7/2022. Mailed to pro se party Brian Michael Waterman by regular mail. (mam)
July 29, 2022 Opinion or Order Filing 337 ORDER denying 325 Motion to Resolve Discovery. See Order for further details. Signed by Magistrate Judge Kenneth G. Gale on 7/29/2022. Mailed to pro se party Brian Michael Waterman by regular mail. (tl)
August 10, 2021 Opinion or Order Filing 299 MEMORANDUM AND ORDER denying 245 Motion; Overruling 263 Objection to Order of Magistrate Judge; Denying 276 Motion for Preliminary Injunction; Denying 286 Motion for Order; Denying 287 Motion for Reconsideration; Denying 292 Motion for Order; Denying 298 Motion for Sanctions. Mailed to Pro Se Plaintiff by regular mail to Brian Michael Waterman Cherokee County Jail 915 E. Country Road Columbus, KS 66725. Signed by District Judge John W. Broomes on 8/10/2021. (sz)
June 25, 2021 Opinion or Order Filing 283 MEMORANDUM AND ORDER granting 153 Motion to Dismiss for Failure to State a Claim; granting 155 Motion to Dismiss for Failure to State a Claim; granting 155 Motion to Dismiss for Lack of Jurisdiction; denying as moot 242 Motion to Compel. Davis and Wagner are dismissed from these proceedings. Signed by District Judge John W. Broomes on 6/25/2021.Mailed to pro se party Brian Michael Waterman Cherokee County Jail 915 E. Country Road Columbus, KS 66725 by regular mail. (sz)
February 26, 2021 Opinion or Order Filing 251 MEMORANDUM AND ORDER denying 194 Motion to Supplement; denying 227 Motion for Reconsideration; overruling 233 Objection to Order of Magistrate Judge; denying 236 Motion for Recusal; denying 237 Motion for Order; denying 238 Motion f or Order. Plaintiff is prohibited from filing any additional motions to recuse in these consolidated cases. Signed by District Judge John W. Broomes on 2/26/2021. Mailed to pro se party Brian Michael Waterman Cherokee County Jail 915 E. Country Road Columbus, KS 66725 by regular mail. (sz)
January 22, 2021 Opinion or Order Filing 228 MEMORANDUM AND ORDER granting in part, denying in part, and finding as moot in part 195 Motion to Compel; granting 206 Motion for Order; granting in part, denying in part, and finding moot in part 207 Motion to Compel; denying 208 Motion to Strike; denying 213 Motion for Order; granting 214 Motion for Order; finding as moot 215 Motion for Order; denying without prejudice 216 Motion for Order. Signed by Magistrate Judge Kenneth G. Gale on 1/22/21. Mailed to pro se party Brian Waterman by regular mail. (df)
January 7, 2021 Opinion or Order Filing 209 MEMORANDUM AND ORDER denying 119 Motion to Compel; overruling 164 Objection to Order of Magistrate Judge; overruling 187 Objection to Order of Magistrate Judge. Signed by District Judge John W. Broomes on 1/7/2021. Mailed to pro se party Brian Michael Waterman to Cherokee County Jail by regular mail. (sz)
December 23, 2020 Opinion or Order Filing 201 MEMORANDUM AND ORDER granting in part 196 Motion to Compel. Signed by Magistrate Judge Kenneth G. Gale on 12/23/2020. Mailed to pro se party Brian Waterman by regular mail. (df)
November 25, 2020 Opinion or Order Filing 183 MEMORANDUM AND ORDER denying 171 Motion to Stay Case; denying 178 Motion to Appoint Counsel; denying 179 Motion to Appoint Special Master. Signed by Magistrate Judge Kenneth G. Gale on 11/25/2020. Mailed to pro se party Brian Michael Waterman by regular mail. (df)
October 16, 2020 Opinion or Order Filing 159 MEMORANDUM AND ORDER denying 148 Motion for Evidentiary Hearing. Signed by Magistrate Judge Kenneth G. Gale on 10/16/2020. Mailed to pro se party Brian Waterman by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
October 13, 2020 Opinion or Order Filing 158 MEMORANDUM AND ORDER denying 140 Motion to Amend Complaint. Signed by Magistrate Judge Kenneth G. Gale on 10/13/2020. Mailed to pro se party Brian Waterman by regular mail. (df)
August 31, 2020 Opinion or Order Filing 138 MEMORANDUM AND ORDER granting in part and denying in part 118 Motion for Protective Order. Signed by Magistrate Judge Kenneth G. Gale on 8/31/2020. Mailed to pro se party Brian Michael Waterman by regular mail. (df)
August 6, 2020 Opinion or Order Filing 123 MEMORANDUM AND ORDER granting in part 115 Motion for Order. Signed by Magistrate Judge Kenneth G. Gale on 8/6/2020. Mailed to pro se party Brian Waterman by regular mail. (df)
July 17, 2020 Opinion or Order Filing 113 MEMORANDUM AND ORDER denying 78 Motion for Relief; denying 89 Motion to Appoint Counsel ; overruling 104 Objection to Order of Magistrate Judge; overruling 105 Objection to Order of Magistrate Judge; overruling 108 Objection to Order o f Magistrate Judge; denying 111 Motion for Recusal. Defendants are ordered to respond to Plaintiff's Motion for Preliminary Injunction 95 on or before July 27, 2020. Signed by District Judge John W. Broomes on 7/17/2020.Mailed to pro se party Brian Michael Waterman by regular mail to Cherokee County Jail. (sz)
June 18, 2020 Opinion or Order Filing 99 MEMORANDUM AND ORDER denying 97 Motion to Continue. Signed by Magistrate Judge Kenneth G. Gale on 6/18/2020. Mailed to pro se party Brian Michael Waterman by regular mail. (df)
May 5, 2020 Opinion or Order Filing 87 MEMORANDUM AND ORDER denying 86 Motion to Appoint Counsel. Signed by Magistrate Judge Kenneth G. Gale on 5/5/2020. Mailed to pro se party Brian Michael Waterman by regular mail. (df)
April 10, 2020 Opinion or Order Filing 85 MEMORANDUM AND ORDER denying 64 Motion for Reconsideration ; denying 66 Motion for Hearing; denying 72 Motion for Order. Plaintiff's Motion for Relief from a Judgment or Order Under Rule 60(b)(3) Fraud on the Courts shall remain pend ing 78 . Defendants are ordered to respond to this motion on or before June 30, 2020--before the stay is lifted, as the stay was for Plaintiff's benefit. Plaintiff is ordered to file any reply brief on or before July 31, 2020. Signed by District Judge John W. Broomes on 4/10/2020. Mailed to pro se party Brian Waterman by regular mail. (sz)
October 10, 2019 Opinion or Order Filing 63 MEMORANDUM AND ORDER granting 60 Motion to Consolidate Cases. Signed by District Judge Carlos Murguia on 10/10/2019. Mailed to pro se party Brian Michael Waterman by regular mail. (ydm)
June 26, 2019 Opinion or Order Filing 57 MEMORANDUM AND ORDER granting in part and denying in part 45 Motion to Dismiss for Failure to State a Claim. Sheriff Groves and Thomas DeGroot are dismissed from the case. See order for additional details. Signed by District Judge Carlos Murguia on 6/26/2019. (ydm)
May 28, 2019 Opinion or Order Filing 56 MEMORANDUM AND ORDER denying 51 Motion for Summary Judgment; denying 53 Motion for Summary Judgment. Signed by District Judge Carlos Murguia on 5/28/19. Mailed to pro se party Brian Michael Waterman by regular mail. (hw)
December 13, 2018 Opinion or Order Filing 47 MEMORANDUM AND ORDER denying 44 Motion to Appoint Counsel. Signed by Magistrate Judge Kenneth G. Gale on 12/13/18. Mailed to pro se party Brian Michael Waterman by regular mail. (df)
September 11, 2018 Opinion or Order Filing 31 ORDER ENTERED: The court dismisses Count Two and defendants Wagner, Macafee, Manzer and the Manzer Health Clinic. Defendant Judah Eliss's name shall be corrected to read "Judah Ellis." The Clerk is directed to file Doc. No. 30 as a motion in Case No. 18-3135. Doc. No. 30 is dismissed without prejudice as a motion in this case. The Clerk of the Court shall prepare waiver of service forms for the remaining defendants, pursuant to Rule 4(d) of the Federal Rules of Civil Proce dure, to be served at no cost to plaintiff absent a finding by the Court that plaintiff is able to pay such costs. Signed by U.S. District Senior Judge Sam A. Crow on 09/11/18. Mailed to pro se party Brian Michael Waterman by regular mail. (smnd)
July 27, 2018 Opinion or Order Filing 21 ORDER ENTERED: Plaintiff's motions to amend 19 & 20 are denied. Signed by U.S. District Senior Judge Sam A. Crow on 07/27/18. Mailed to pro se party Brian Michael Waterman by regular mail. (smnd)
May 2, 2018 Opinion or Order Filing 8 ORDER ENTERED: Plaintiff is ordered to show cause by May 31, 2018, why the court should not dismiss plaintiff's claims in Counts Four and Five of the complaint and why the court should not dismiss the Cherokee County Jail as a defendant. A Mar tinez report is ordered consistent with Section VII ofthis order. The report should be filed on or before July 2, 2018. Signed by U.S. District Senior Judge Sam A. Crow on 05/02/18. Mailed to pro se party Brian Michael Waterman by regular mail. (smnd)
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Plaintiff: Brian Michael Waterman
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Defendant: Cherokee County Jail
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Defendant: David Groves
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Defendant: Michelle Tippie
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Defendant: Thomas Degroot
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Defendant: Amanda Phillips
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Defendant: Kristin Wagnor
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Defendant: April Macafee
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Defendant: Judah Eliss
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