Thompson v. Jenkins et al
Plaintiff: Sandy R. Thompson
Defendant: Nathan Jenkins, Kristen Dirickson, Ben Flurry, State of Kentucky and City of Owensboro
Case Number: 4:2022cv00057
Filed: May 2, 2022
Court: US District Court for the Western District of Kentucky
Presiding Judge: Joseph H McKinley
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 26, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 29, 2022 Opinion or Order Filing 23 ORDER by Senior Judge Joseph H. McKinley, Jr. on 6/29/2022: IT IS ORDERED that Plaintiff shall file a response to Defendant's #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM within 30 days from the entry date of this Order. Defendant may file a reply within 14 days from service of Plaintiff's response. The Clerk is directed to send Plaintiff a copy of the pending motion to dismiss #21 .cc:counsel; Plaintiff, pro se (EAS)
June 27, 2022 Opinion or Order Filing 22 MEMORANDUM AND ORDER Signed by Senior Judge Joseph H. McKinley, Jr. on 6/27/2022 denying #17 Motion to Appoint Counsel. cc: Counsel; Plaintiff, pro se(EAS)
June 27, 2022 Opinion or Order Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Nathan Jenkins (Attachments: #1 Proposed Order Granting Motion to Dismiss) (Combs, Brenn)
June 24, 2022 Opinion or Order Filing 20 ORDER by Senior Judge Joseph H. McKinley, Jr. on 6/23/2022: IT IS ORDERED that Plaintiff shall file a response to Defendants' #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM within 30 days from the entry date of this Order. Defendants may file a reply within 14 days from service of Plaintiff's response. The Clerk of Court is directed to send Plaintiff a copy of the motion to dismiss #18 .cc:counsel; Plaintiff, pro se (EAS)
June 17, 2022 Opinion or Order Filing 19 RESPONSE to Motion re #17 MOTION to Appoint Counsel filed by Kristen Dirickson, Ben Flurry. (Attachments: #1 Proposed Order) (Pace, Patrick)
June 8, 2022 Opinion or Order Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Kristen Dirickson, Ben Flurry (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Pace, Patrick)
June 8, 2022 Opinion or Order Filing 17 MOTION to Appoint Counsel by Plaintiff Sandy R. Thompson. (MNM)
June 8, 2022 Opinion or Order Filing 16 MEMORANDUM AND ORDER signed by Senior Judge Joseph H. McKinley, Jr. on 6/7/2022. IT IS HEREBY ORDERED that Plaintiff's claim against the City of Owensboro is DISMISSED pursuant to 28 U.S.C. 1915A(b)(1) for failure to state a claim upon which relief may be granted and Plaintiff's claim against the State of Kentucky is DISMISSED pursuant to 28 U.S.C. 1915A(b)(2) for seeking monetary relief from a Defendant who is immune from such relief. The Clerk of Court is DIRECTED to terminate the City of Owensboro and the State of Kentucky as parties to this action. cc: Plaintiff, pro se; Counsel of Record (MNM)
June 2, 2022 Opinion or Order Filing 15 ANSWER to #1 Complaint by Kristen Dirickson, Ben Flurry. (Pace, Patrick)
May 31, 2022 Opinion or Order Filing 14 Letter from Plaintiff Sandy R. Thompson. (EAS)
May 31, 2022 Opinion or Order Filing 13 ANSWER to #1 Complaint, #12 Amended Complaint , ANSWER to #1 Complaint, #12 Amended Complaint by Nathan Jenkins. (Combs, Brenn)
May 26, 2022 Opinion or Order Filing 12 AMENDED COMPLAINT against City of Owensboro, Kristen Dirickson, Ben Flurry, Nathan Jenkins, State of Kentucky, filed by Sandy R. Thompson. (Attachments: #1 Summons) (EAS)
May 26, 2022 Opinion or Order Filing 11 ORDER OF CONSOLIDATION AND ADMINISTRATIVE DISMISSAL by Senior Judge Joseph H. McKinley, Jr. on 5/26/2022: IT IS ORDERED that Civil Action No. 4-22-cv-57 and 4-22-cv-62 are CONSOLIDATED. IT IS FURTHER ORDERED that Civil Action No. 4-22-cv-57 shall be the LEAD case and Civil Action No. 4-22-cv-62 is administratively DISMISSED. IT IS FURTHER ORDERED all documents in the dismissed case shall be incorporated by reference as part of the LEAD case and the Clerk of Court is directed to docket the complaint #1 from the dismissed action into the LEAD case, Civil Action No. 4-22-cv-57, as an "Amended Complaint." The Clerk of Court is directed to send Plaintiff a copy of the updated docket sheet in the LEAD case, Civil Action No. 4-22-cv-57. Plaintiff must write "Civil Action No. 4:22-cv-P57-JHM" on all future filings. cc: Plaintiff, pro se; Defendants; Owensboro City Attorney (EAS)
May 13, 2022 Opinion or Order Filing 10 SUMMONS Returned Executed by Sandy R. Thompson. Kristen Dirickson served on 5/13/2022, answer due 6/3/2022. (JM)
May 13, 2022 Opinion or Order Filing 9 SUMMONS Returned Executed by Sandy R. Thompson. Nathan Jenkins served on 5/13/2022, answer due 6/3/2022. (JM)
May 13, 2022 Opinion or Order Filing 8 SUMMONS Returned Executed by Sandy R. Thompson. Ben Flurry served on 5/13/2022, answer due 6/3/2022. (JM)
May 11, 2022 Opinion or Order Filing 7 Summons Issued as to Kristen Dirickson, Ben Flurry, Nathan Jenkins. Service packets are being e-mailed to USMS as instructed. (Attachments: #1 USM 285s) (EAS)
May 11, 2022 Opinion or Order Filing 6 SERVICE AND SCHEDULING ORDER by Senior Judge Joseph H. McKinley, Jr. on 5/10/2022: IT IS HEREBY ORDERED that Plaintiff's official-capacity claims against Defendants Jenkins, Dirickson and Flurry are DISMISSED. IT IS FURTHER ORDERED as follows: The Clerk of Court shall issue summonses for Defendants and US Marshal shall serve a copy of the Complaint, summonses, and this Service and Scheduling Order on Defendants. Discovery due by 9/5/2022. Plaintiff's Pre-trial Memorandum due by 10/5/2022. Defendants' Pre-trial Memorandum due by 11/4/2022. Dispositive Motions due by 11/4/2022. The Clerk of Court is directed to mail Plaintiff a copy of the Pro Se Prisoner Handbook.cc: Plaintiff, pro se, w/ PSPH; Defendants (as directed above); Owensboro City Attorney (EAS)
May 5, 2022 Opinion or Order Filing 5 ORDER FOR PAYMENT OF INMATE FILING FEE Signed (EBOC) by Senior Judge Joseph H. McKinley, Jr. on 5/5/2022 granting #3 Motion for Leave to Proceed in forma pauperis. IT IS ORDERED the Daviess County Detention Center shall collect from Plaintiff's prison trust account the $350 filing fee (*see Order for specific content). The Clerk of Court is directed to open an account for the payment of the fee. cc: Plaintiff, pro se; USDC KYWD Finance; DCDC, Attn: Inmate accts.(EAS)
May 2, 2022 Opinion or Order Filing 4 Prisoner Trust Fund Account Statement re #3 MOTION for Leave to Proceed in forma pauperis filed by Sandy R. Thompson (Attachments: #1 Trust Statement) (DJT)
May 2, 2022 Opinion or Order Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Sandy R. Thompson (DJT)
May 2, 2022 Opinion or Order Filing 2 Case Assignment (Random Selection): Case Assigned to Senior Judge Joseph H. McKinley, Jr.. (DJT)
May 2, 2022 Opinion or Order Filing 1 COMPLAINT against Kristen Dirickson, Ben Flurry, Nathan Jenkins, filed by Sandy R. Thompson. (Attachments: #1 Envelope, #2 Summons) (DJT)

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Plaintiff: Sandy R. Thompson
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Defendant: Nathan Jenkins
Represented By: Brenn Oliver Combs
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Defendant: Kristen Dirickson
Represented By: Patrick D. Pace
Represented By: Stephen C. Pace
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Defendant: Ben Flurry
Represented By: Patrick D. Pace
Represented By: Stephen C. Pace
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Defendant: State of Kentucky
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Defendant: City of Owensboro
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