Ward v. Kentucky State Police et al
| Timothy Augustus Ward |
| Kentucky State Police, Ken Borders, City of Elizabethtown, John Does 1-15, Jane Does 1-15, Richard W. Sanders, Hardin County Detention Center, Danny Allen and Hardin County Ambulance Services |
| 3:2016cv00393 |
| June 22, 2016 |
| US District Court for the Western District of Kentucky |
| Louisville Office |
| Hardin |
| Greg N. Stivers |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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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
217
Jury Instructions. (SMJ)
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Filing
198
MEMORANDUM OPINION AND ORDER Signed by Judge Rebecca Grady Jennings on 8/9/2023. Defendants' Motion for Summary Judgment (DE 184 ) is GRANTED in part and DENIED in part. The claims remaining against Brown and Borders are a § 1983 Fourth Amendment Excessive Force claim and state claims for battery, assault, and punitive damages. Defendants' Motion to Reschedule Final Pretrial Conference and for Extension of Time for Pretrial Filings (DE 193 ) is GRANTED in part and DENIED in part. The Final Pretrial Conference remains scheduled for 8/15/2023 in Louisville Courtroom. The parties are allowed until 8/11/2023 to file their trial documents. cc: Counsel (SMJ)
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Filing
179
MEMORANDUM OPINION AND ORDER Signed by Judge Rebecca Grady Jennings on 9/13/2022 granting 152 Defendants' Partial Motion to Dismiss. Ward's Fourth, Sixth, and Fourteenth Amendment claims are DISMISSED. cc: Counsel (SMJ)
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Filing
150
MEMORANDUM OPINION AND ORDER Signed by Judge Rebecca Grady Jennings on 9/30/2021. Ward's Motion for Leave to File a Third Amended Complaint (DE 141 ) is GRANTED in part and DENIED in part as set forth above. Ward shall file his Third Amende d Complaint within seven (7) days of this Opinion. The Third Amended Complaint shall not include the claims and allegations against Donald Jones, Melanie Biggers, Jennifer Oldham, or the Hardin County Attorney's Office. The Third Amended Complaint shall not include the Sixth Amendment claim, Fourteenth Amendment claim, Malicious Prosecution claim, or Perjury claim. Defendant Hardin County Attorney Office's Motion to Dismiss (DE 116 ) is DENIED AS MOOT. cc: Counsel (SMJ)
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Filing
30
MEMORANDUM OPINION AND ORDER by Judge Rebecca Grady Jennings on 8/2/2019. The STAY in this action is LIFTED. Plaintiff's Fourth Amendment claims based upon the denial of medical care are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) for f ailure to state a claim upon which relief may be granted. Plaintiff's claims against Defendants KSP, HCDC, City of Elizabethtown, John Does 1-15, Jane Does 1-15, KSP Commissioner Sanders, HCDC Jailer Danny Allen, and Hardin County Ambulance Serv ices are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim upon which relief may be granted and/or for seeking damages from Defendants immune from such relief. The Clerk of Court is DIRECTED to terminate the above-name d Defendants as parties to this action. Plaintiffs official-capacity claim against Defendant Borders is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim upon which relief may be granted. Within 30 days of entry of thi s Order, Plaintiff may file an amended complaint in which he names KSP Trooper Brown as a defendant in this action and sues him in his individual capacity. If Plaintiff timely files such an amended complaint, the Court will allow a Fourth Amendment f ailure-to-intervene claim to proceed against Trooper Brown in his individual capacity. Within the same 30-day period, Plaintiff shall also submit a completed summons for Trooper Brown. The Clerk of Court is DIRECTED to send Plaintiff the second page of a § 1983 civil rights complaint form with the word Amended and this case number written in the caption. The Clerk of Court is further DIRECTED to send Plaintiff a blank summons form with this case number. cc: Counsel; Pro Se Plaintiff; General Counsel, Kentucky Justice & Public Safety Cabinet (RLJ) Modified on 8/2/2019 to correct clerk error (RLJ).
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Filing
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MEMORANDUM AND ORDER by Judge Greg N. Stivers on 9/16/2016 denying 12 Application for a Writ of Mandamus pursuant to 28:1361. cc: Counsel, Plaintiff, pro se(JWM)
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