Waterman v. Board of Commissioners of Columbus, Kansas et al
| Brian Michael Waterman |
| Board of Commissioners of Columbus, Kansas, Pat Collins, Cory Moates, Neal Anderson, David Groves, Michelle Tippie, Ayrek Smith, Amanda Phillip, April Macafee, Thomas Degroot, Kristin Wagner and Curtis Nida |
| 5:2018cv03135 |
| May 31, 2018 |
| US District Court for the District of Kansas |
| Topeka Office |
| Cherokee |
| Sam A. Crow |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
153
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)
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Filing
150
MEMORANDUM AND ORDER CONSOLIDATING CASE: It is ordered that Case No.18-3092 is consolidated with Case No.18-3135. Case No.18-3092 is designated as the lead case. All future filings shall be made in the lead case bearing a consolidated case caption. Signed by District Judge Carlos Murguia on 10/10/2019. Mailed to pro se party Brian Michael Waterman by regular mail. (ydm)
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Filing
148
MEMORANDUM AND ORDER denying 125 Motion for Reconsideration. Signed by District Judge Carlos Murguia on 10/9/19. Mailed to pro se party Brian Michael Waterman by regular mail. (hw)
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Filing
143
MEMORANDUM AND ORDER denying 141 Motion for Recusal. Signed by Magistrate Judge Kenneth G. Gale on 8/29/19. Mailed to pro se party Brian Michael Waterman by certified mail. (df)
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Filing
126
MEMORANDUM AND ORDER denying 123 Motion to Appoint Counsel. Signed by Magistrate Judge Kenneth G. Gale on 7/15/19. Mailed to pro se party Brian Michael Waterman by regular mail. (df)
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Filing
122
MEMORANDUM AND ORDER granting in part and denying in part defendants' 97 Motion to Dismiss; denying 119 Motion for Evidentiary Hearing. The Board of County Commissioners is dismissed from the case, as are the official capacity claims again st the sheriff and his detention officers. Count I is dismissed against defendant Smith and defendant Smith is dismissed as a defendant from the case. Count IV is dismissed against defendant DeGroot, but defendant DeGroot remains a defendant in Cou nt II. Count III is dismissed against defendants Tippie and Groves (to the extent that this claim was brought against them). Defendant Tippie remains a defendant in Count II, but defendant Groves is dismissed from the case. Defendant Phillips is dism issed from the case. Count II against defendants Tippie and DeGroot is dismissed except for as it relates to the incidents dated October 15, 2017, April 25, 2018, and May 3, 2018. Signed by District Judge Carlos Murguia on 6/26/2019. Mailed to pro se party Brian Waterman by regular mail. (heo)
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Filing
114
MEMORANDUM AND ORDER denying 108 plaintiff's Motion for Default Judgment. Signed by District Judge Carlos Murguia on 05/13/2019. Mailed to pro se party Brian Michael Waterman by regular mail. (tvn)
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Filing
110
MEMORANDUM AND ORDER denying 103 Motion to Compel. Signed by Magistrate Judge Kenneth G. Gale on 4/11/19. Mailed to pro se party Brian Michael Waterman by regular mail. (df)
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Filing
102
MEMORANDUM AND ORDER denying 57 Motion for Preliminary Injunction; denying 65 Motion for Preliminary Injunction; denying 86 Motion for Order regarding his outgoing legal mail. Signed by District Judge Carlos Murguia on 2/26/2019. Mailed to pro se party Brian Michael Waterman by regular mail. (heo)
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Filing
99
MEMORANDUM AND ORDER granting 92 Motion to Continue, which is construed as a motion to extend time to response to Docs. 93 and 95. Plaintiff's deadlineto respond to Docs. 93 and 95, as well as any other motion to dismiss filed today (February 13, 2019), is May 1, 2019. Signed by District Judge Carlos Murguia on 2/13/2019. Mailed to pro se party Brian Michael Waterman by regular mail. (heo)
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Filing
90
MEMORANDUM AND ORDER denying 89 Motion for examination of envelopes by expert; denying, without prejudice, 89 Motion to Appoint Counsel. Signed by Magistrate Judge Kenneth G. Gale on 2/7/19. Mailed to pro se party Brian Michael Waterman by regular mail. (df)
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Filing
45
ORDER ENTERED: The motions to amend at Doc. Nos. 33 and 34 are denied as duplicative; 2) the motion to amend at Doc. No. 18 , treated as a motion to supplement, shall be granted in part, adding as defendants Danny Davis and an unnamed food prov ider with regard to Count Three; 3) the motion to amend a Doc. No. 21 , treated as a motion to supplement, shall be granted, adding Dr. Johnathan Manzer and the Manzer Health Clinic as defendants as to Count Three, and adding a separate claim agains t defendants Wagner and the Manzer Health Clinic as to the treatment of a staph infection; 4) the motion to amend at Doc. No. 37 , treated as a motion to supplement shall be granted in part, adding anexcessive force claim against defendant Degroot; 5) defendants Nida and Macafee shall be dismissed from this action; 6) defendants Collins, Moates and Anderson are dismissed from this action, consistent with this order; 7) the motion to dismiss at Doc. No. 40 is denied without prejudice; 8) the m otions for issuance of subpoenas at Doc. Nos. 28 and 29 shall be denied. By October 2, 2018, plaintiff shall file an amended complaint upon court-supplied forms which describes the claims and defendants the court has permitted to continue in thi s action. Plaintiff is also directed not to file any further motions to amend or to supplement his pleadings until later notice from the court. The Clerk of the Court is directed to transmit complaint forms to plaintiff. 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)
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Filing
27
ORDER ENTERED: Plaintiff's motion to amend 22 is 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)
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Filing
26
ORDER ENTERED: Plaintiff's motion for stay 23 is denied. The court further finds that plaintiff has not shown cause why the court should not dismiss all defendants except defendant Smith from Count I. Therefore, those defendants are dismiss ed from Count I. Plaintiff's motion to extend time 24 is granted and plaintiff is granted additional time until August 8, 2018, to respond to the order to show cause why various claims in Count II should not be dismissed. Plaintiff's motion for a court order 25 is denied. Signed by U.S. Senior District Judge Sam A. Crow on 07/25/18. Mailed to pro se party Brian Michael Waterman by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd)
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Filing
14
ORDER ENTERED: The court denies without prejudice plaintiff's motion 7 for preliminary injunction and plaintiff's motion 12 for appointment of counsel. Signed by U.S. District Senior Judge Sam A. Crow on 06/27/18. Mailed to pro se party Brian Michael Waterman by regular mail. (smnd)
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Filing
13
ORDER ENTERED: Plaintiff's motion to amend (Doc. Nos. 10 and 11 ) are denied without prejudice. Plaintiff is ordered to show cause by July 19, 2018, why the court should not dismiss plaintiff's claims in Count I against all defendants ex cept defendant Smith and plaintiff's claims in Count II except for his claims regarding the denial of disciplinary hearings. A Martinez report is ordered consistent with section V of this order. The report should be filed on or before August 20, 2018. The Clerk directed to transmit a copy of the complaint and this order to the Sheriff of Cherokee County. Signed by U.S. Senior District Judge Sam A. Crow on 08/26/18. Mailed to pro se party Brian Michael Waterman by regular mail. (smnd)
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