Dumphord v. Gabriel et al
| Brian Todd Dumphord |
| Trooper Joseph Kenney, Commissioner Rodney Brewer, Captain Chad Mills, Trooper Jack Gabriel, Sergeant Sonny Dunaway, Bourbon Community Hospital, LLC, Commonwealth of Kentucky, Justice and Public Safety Cabinet, Department of Kentucky State Police, Dr. Sandra Geile, Department of Kentucky State Police and Commonwealth of Kentucky, Justice and Public Safety Cabinet |
| 5:2020cv00461 |
| November 15, 2020 |
| US District Court for the Eastern District of Kentucky |
| Danny C Reeves |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 27, 2021. A more recent docket listing may be available from PACER.
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***MOTION SUBMITTED TO CHAMBERS of Judge Reeves for review: re #8 MOTION to Dismiss for failure to state a claim by Rodney Brewer, Commonwealth of Kentucky, Justice and Public Safety Cabinet, Department of Kentucky State Police, Sonny Dunaway, Jack Gabriel, Joseph Kenney, Chad Mills (JLM)
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Filing 33
RESPONSE in Opposition re #27 FIRST MOTION for Extension of Time by Brian Todd Dumphord MOTION to Stay filed by Rodney Brewer, Commonwealth of Kentucky, Justice and Public Safety Cabinet, Department of Kentucky State Police, Sonny Dunaway, Jack Gabriel, Joseph Kenney, Chad Mills. (Attachments: #1 Proposed Order)(Baylous, Edward)
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Filing 32
MOTION for Leave to File Amended Complaint against All Defendants, filed by Brian Todd Dumphord. (Attachments: #1 Proposed Order, #2 Attachment Amended Complaint)(McKee, Zackary) Modified text on 1/11/2021 (JLM).
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Filing 31
RESPONSE to Motion re #17 Motion to Dismiss by Bourbon Community Hospital, LLC filed by Brian Todd Dumphord. (McKee, Zackary) Modified text on 1/11/2021 (JLM).
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Filing 30
ORDER: 1. granting #27 Motion for Extension of Time to file responses to the December 21, 2020, motions to dismiss. His responses shall be due on or before Thursday, February 25, 2021; 2. Plaintiff Dumphord's motion for a stay [Record No. #27 ] remains pending and shall be subject to the briefing schedule and other limitations outlined in Local Rule 7.1. However, if the defendants file separate responses, Plaintiff Dumphord is DIRECTED to file a single, consolidated reply, not to exceed 15 pages. Signed by Judge Danny C. Reeves on 1/8/21. (JLM)cc: COR
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Filing 29
NOTICE OF FILING by Brian Todd Dumphord (Attachments: #1 Proposed Order Proposed Order granting Extension, #2 Proposed Order Proposed Order Granting Stay)(McKee, Zackary)
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Filing 28
REPLY to Response to Motion re #8 MOTION to Dismiss for failure to state a claim filed by Rodney Brewer, in his official capacity, Commonwealth of Kentucky, Justice and Public Safety Cabinet, Department of Kentucky State Police, Sonny Dunaway, in his official capacity, Jack Gabriel, in his official capacity, Joseph Kenney, in his official capacity, Chad Mills, in his official capacity. (Baylous, Edward) Modified text on 1/11/2021 (JLM).
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Filing 27
FIRST MOTION for Extension of Time, MOTION to Stay/Abate Civil Action by Brian Todd Dumphord (Attachments: #1 Exhibit Exhibit Two (2), #2 Exhibit Exhibit One (1), #3 Exhibit Exhibit Three (3), #4 Exhibit Exhibit Three (3))(McKee, Zackary). Added MOTION to Stay on 1/8/2021 (SLH).
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Filing 26
ALIAS Summons Issued as to Sandra Geile; Summons issued and returned to counsel electronically (JLM)
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Filing 25
Summons Returned Unexecuted by Brian Todd Dumphord as to Sandra Geile. (Attachments: #1 Summons New Summons, #2 Summons Old Summons, #3 Attachment CT Letter)(McKee, Zackary)
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Filing 24
ORDER: IT IS ORDERED that the Show Cause Order #21 is SET ASIDE. Signed by Judge Danny C. Reeves on 12/31/2020.(GLD)cc: COR and Colin D. Edmundson by US Mail
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Filing 23
RESPONSE TO ORDER TO SHOW CAUSE by Colin Edmundson re #21 Order (SLH)
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***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #23 Response to Order to Show Cause (SLH)
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Filing 22
RESPONSE in Opposition re #8 MOTION to Dismiss for failure to state a claim by Rodney Brewer, Commonwealth of Kentucky, Justice and Public Safety Cabinet, Department of Kentucky State Police, Sonny Dunaway, Jack Gabriel, Joseph Kenney, Chad Mills filed by Brian Todd Dumphord. (McKee, Zackary)
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Filing 21
ORDER: IT IS ORDERED that on or before 12/30/2020, attorney Colin Edmundson is directed to SHOW CAUSE for his failure to comply with Local Rule 83. Signed by Judge Danny C. Reeves on 12/22/.(GLD)cc: COR,Colin Edmundson via U.S. Mail
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Attorney Update. Attorney Bradford L. Breeding for Jack Gabriel added. (JLM)
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Attorney Update. Attorney Gregory Kirk Smith for Jack Gabriel added. (JLM)
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***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #4 Notice to Attorney- The Clerk's office hasn't received a motion for pro hac vice or an application for admission. (SLH)
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Filing 20
FIRST MOTION to Dismiss by Jack Gabriel, individually (Attachments: #1 Memorandum in Support Memorandum, #2 Proposed Order Order, #3 Attachment Attachment 1, #4 Attachment Attachment 2, #5 Attachment Attachment 3, #6 Attachment Attachment 4, #7 Attachment Attachment 5, #8 Attachment Attachment 6, #9 Attachment Attachment 7, #10 Attachment Attachment 8)(Breeding, Bradford) Modified on 12/22/2020 (JLM).
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Filing 19
MOTION to Dismiss individual capacity claims by Rodney Brewer, Sonny Dunaway, Joseph Kenney, Chad Mills, in their individual capacities (Attachments: #1 Proposed Order granting individual capacity KSP Defendants' Motion to Dismiss, #2 Exhibit CourtNet case docket of Bourbon Circuit Court case no. 19-CR-140)(Arnett, Alea) Modified text on 1/11/2021 (JLM).
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Attorney Update. Attorney Kathryn Cassandra Carter for Bourbon Community Hospital, LLC added. (JLM)
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Filing 18
FRCP 7.1 DISCLOSURE STATEMENT by Bourbon Community Hospital, LLC identifying Corporate Parent LifePoint of Kentucky, LLC, Corporate Parent LifePoint Health, Inc. for Bourbon Community Hospital, LLC.. (Case, Bradley)
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Filing 17
MOTION to Dismiss by Bourbon Community Hospital, LLC (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Case, Bradley)
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Filing 16
Affidavit of Service by Brian Todd Dumphord via Personal/Individual to Rodney Brewer served on 12/3/2020, answer due 12/24/2020. (McKee, Zackary) Modified text on 12/8/2020 (SLH).
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Filing 15
Affidavit of Service by Brian Todd Dumphord via Registered Agent to Jack Gabriel served on 11/30/2020, answer due 12/21/2020. (McKee, Zackary) Modified text on 12/8/2020 (SLH).
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Filing 14
Affidavit of Service by Brian Todd Dumphord via Registered Agent to Chad Mills served on 11/30/2020, answer due 12/21/2020. (McKee, Zackary) Modified text on 12/8/2020 (SLH).
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Filing 13
Affidavit of Service by Brian Todd Dumphord via Registered Agent to Sonny Dunaway served on 11/30/2020, answer due 12/21/2020. (McKee, Zackary) Modified text on 12/8/2020 (SLH).
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Filing 12
Affidavit of Service by Brian Todd Dumphord via Registered Agent to Department of Kentucky State Police served on 11/30/2020, answer due 12/21/2020. (McKee, Zackary) Modified text on 12/8/2020 (SLH).
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Filing 11
Affidavit of Service by Brian Todd Dumphord via Registered Agent to Sandra Geile served on 11/30/2020, answer due 12/21/2020. (McKee, Zackary) Modified text on 12/8/2020 (SLH).
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Filing 10
Affidavit of Service by Brian Todd Dumphord via Registered Agent to Bourbon Community Hospital, LLC served on 12/2/2020, answer due 12/23/2020. (McKee, Zackary) Modified text on 12/8/2020 (SLH).
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Filing 8
MOTION to Dismiss for failure to state a claim by Rodney Brewer, Commonwealth of Kentucky, Justice and Public Safety Cabinet, Department of Kentucky State Police, Sonny Dunaway, in his official capacity, Jack Gabriel, in his official capacity, Joseph Kenney, in his official capacity, Chad Mills, in his official capacity (Attachments: #1 Proposed Order Granting Motion to Dismiss)(Baylous, Edward) Modified text on 1/11/2021 (JLM).
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Filing 9
CERTIFIED MAIL RECEIPT to Secretary of State re #7 Summons Issued. (MDC)
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Filing 7
Summons Issued as to Bourbon Community Hospital, LLC, Rodney Brewer, Commonwealth of Kentucky, Justice and Public Safety Cabinet, Department of Kentucky State Police, Sonny Dunaway, Jack Gabriel, Sandra Geile, Chad Mills; Summons issued and returned to counsel electronically for service. Summons Issued as to Joseph Kenney; Summons returned to counsel via U.S. Mail for service by Kentucky Secretary of State. (Attachments: #1 Summons - Sgt. Sonny Dunaway, #2 Summons - Kentucky State Police, #3 Summons - Trooper Joseph Kenney, #4 Summons - Captain Chad Mills, #5 Summons - Trooper Jack Gabriel, #6 Summons - Commissioner Rodney Brewer, #7 Summons - Dr. Sandra F. Geile)(SLH)
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Filing 6
Summons Returned Unexecuted by Brian Todd Dumphord as to All Defendants. (Attachments: #1 Summons- Sgt. Sonny Dunaway, #2 Summons- Kentucky State Police, #3 Summons- Tpr. Joseph Kenny , #4 Summons- Captain Chad Mills, #5 Summons- Tpr. Jack Gabriel, #6 Summons- Commissioner Rodney Brewer, #7 Summons- Dr. Sandra F. Geile )(McKee, Zackary) Modified text on 11/19/2020 (SLH).
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Filing 5
NOTICE OF FILING by Brian Todd Dumphord Corrected Summons (Attachments: #1 S. Dunaway, #2 KSP, #3 Kenny, #4 C. Mills, #5 J. Gabriel, #6 Dr. Geile, #7 R. Brewer, #8 Bourbon Hospital)(McKee, Zackary) Modified text on 11/19/2020 (SLH).
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Filing 4
NOTICE TO ATTORNEY Colin Edmundson by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Attorney admission routing form)(SLH)
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Conflict Check run. (SLH)
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Filing 3
Summons Issued as to Bourbon Community Hospital, LLC, Rodney Brewer, Rodney Brewer, Commonwealth of Kentucky, Justice and Public Safety Cabinet, Department of Kentucky State Police, Sonny Dunaway, Sonny Dunaway, Jack Gabriel, Jack Gabriel, Sandra Geile, Joseph Kenney, Joseph Kenney, Chad Mills, Chad Mills; Summons issued and returned to counsel electronically (Attachments: #1 Summons - Sgt. Sonny Dunaway, #2 Summons - Kentucky State Police, #3 Summons - Trooper Joseph Kenney, #4 Summons - Captain Chad Mills, #5 Summons - Trooper Jack Gabriel, #6 Summons - Commissioner Rodney Brewer, #7 Summons - dr. Sandra F. Geile)(SLH)
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Filing 1
COMPLAINT ( Filing fee $400; receipt number 0643-4827412), filed by Brian Todd Dumphord. (Attachments: #1 Exhibit 1- Picture of injuries from Canine Pluto's bites to leg, #2 Exhibit 2- Picture of injuries from Canine Pluto's bit to wrist, #3 Exhibit 3- Picture of injuries from Canine Pluto's bite to side/back, #4 Exhibit 4- Picture of bruising on head/shoulder from baton, #5 Exhibit 5-Pictuure of Scratch on neck, #6 Exhibit 6- Picture of injuries from taser deployment, #7 Exhibit 7- Certified medical records, #8 Exhibit 8-Paperwork from UK Hospital's Emergency Department, #9 Exhibit 9- Paperwork from UK Plastic Surgery, #10 Exhibit 10- Paperwork from UK Orthopedic Surgery, #11 Exhibit 11- Psychological assessment, #12 Exhibit 12- Kort initial assessment, #13 Exhibit 13- KSP training material, #14 Summons - Dr. Sandra F. Geile, #15 Summons - Commissioner Rodney Brewer, #16 Summons - Trooper Jack Gabriel, #17 Summons - Captain Chad Mills, #18 Summons - Trooper Joseph Kenney, #19 Summons - Kentucky State Police, #20 Summons - Sergeant Sonny Dunaway, #21 Summons - Bourbon Community Hospital, LLC)(SLH)
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