M.D. v. Mahoning County, Ohio et al.
| M.D. |
| Mahoning County, Ohio, Damon K. Perry, Jerry Greene, William Cappabianca, John/Jane Doe ##18-50, Captain Joseph Hood, Lieutenant Gari Hyshaw, Sergeant Thomas Connolly, George D. Starr, Captain Kenneth Kountz, Commander Kevin Myers, Captain Gerald D'Angelo, Lieutenant Gwendolyn Graham, Lieutenant Matthew Dugan, Lieutenant Henry Budaker, Lieutenant Salvatore Pascarella, Lieutenant Joseph Varone, Sergeant Robert Kopey, Sergeant William Scott Wilson, Sergeant Bahia Algahmee, Sergeant Ann Wallace, Sergeant Penny Kephart, Sergeant Sean McVeigh, Sergeant Gary Bielecki, Sergeant Anthony Lucas, Sergeant Randall Pegg and John |
| 4:2025cv02414 |
| November 7, 2025 |
| U.S. District Court for the Northern District of Ohio |
| Benita Y Pearson |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 4, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 50 Returned Certified Mail addressed to Party George D. Starr. Return to sender, not deliverable as addressed. Related document(s) #5 . (M,Do) |
| Filing 49 Return of Service by Clerk by certified mail executed upon Joseph Hood, no delivery date on green card, date could not be confirmed from U.S. Postal Service website, filed on behalf of M.D. (M,Do) |
Filing 46
Order of Dismissal Plaintiff M.D. entered a Notice of Voluntary Dismissal under Fed. R. Civ. P. 41(a)(1)(A) on 1/28/2026. See ECF No. #45 . The Court confirms that no defendant has yet appeared, answered, or entered a dispositive motion. Therefore, the docket shall be marked "voluntarily dismissed without prejudice." Plaintiff's Motion for Extension of Time to Disclose Plaintiff's Identity (ECF No. #13 ) is denied as moot. Judge Benita Y. Pearson on 1/28/2026. (JLG)
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| Filing 45 Notice of Dismissal Under FRCP 41(a)(1) filed by All Plaintiffs. (Keyes, Barton) |
| Service by Clerk. Alias Summons and Amended Complaint addressed to Joseph Hood placed in U.S. Mail. Type of service: Certified Mail mail. Receipt # 9589 0710 5270 3526 0851 21. (M,Do) |
| Filing 48 Return of Service by Clerk by certified mail executed upon Joseph Hood on 1/21/2026, filed on behalf of M.D. (D,Lu) |
| Filing 47 Return of Service by Clerk by certified mail executed upon Gari Hyshaw on 1/21/2026, filed on behalf of M.D. (D,Lu) |
| Filing 44 Alias Summons issued to Counsel for service upon Joseph Hood. (M,Do) |
| Filing 43 Praecipe for issuance of Alias Summons filed by All Plaintiffs. (Attachments: #1 Alias Summons - Defendant Captain Joseph Hood)(Keyes, Barton) |
| Service by Clerk. Summons and First Amended Complaint addressed to Thomas Connolly (#9589 0710 5270 3526 0911 53), Joseph Hood (# 9589 0710 5270 3526 0911 39), Gari Hyshaw (# 9589 0710 5270 3526 0911 46), George D. Starr (# 9589 0710 5270 3526 0911 22) placed in U.S. Mail. Type of service: Certified mail. Related document #42 (M,Do) |
| Filing 42 Original Summons issued to counsel for service upon Thomas Connolly, Joseph Hood, Gari Hyshaw, and George Starr. (D,Ju) |
| Filing 41 Supplement to Amended complaint, - Issuance of Summons of New Defendants, filed by All Plaintiffs. Related document(s) #36 . (Keyes, Barton) |
| Filing 40 FILING ERROR- Counsel to refile with corrected name Supplement to Amended complaint, - Issuance of Summons of New Defendant, filed by All Plaintiffs. Related document(s) #36 . (Keyes, Barton) Modified on 1/15/2026 to denote filing error (D,Ju). |
| Filing 39 FILING ERROR- Counsel to refile with corrected name Supplement to Amended complaint, - Issuance of Summons of New Defendant, filed by All Plaintiffs. Related document(s) #36 . (Keyes, Barton) Modified on 1/15/2026 to denote filing error (D,Ju). |
| Filing 38 FILING ERROR- Counsel to refile with corrected name Supplement to Amended complaint, - Issuance of Summons of New Defendant, filed by All Plaintiffs. Related document(s) #36 . (Keyes, Barton) Modified on 1/15/2026 to denote filing error (D,Ju). |
| Filing 37 FILING ERROR- Counsel to refile with corrected name Supplement to Amended complaint, - Issuance of Summons of New Defendant, filed by All Plaintiffs. Related document(s) #36 . (Keyes, Barton) Modified on 1/15/2026 to denote filing error (D,Ju). |
| Filing 36 First Amended complaint against William Cappabianca, Captain John/Jane Doe #2, Commander John/Jane Doe #1, Jerry Greene, John/Jane Doe #18-50, Kenneth Kountz, Lieutenant John/Jane Doe #4, Lieutenant John/Jane Doe #5, Lieutenant John/Jane Doe #6, Lieutenant John/Jane Doe #7, Lieutenant John/Jane Doe #8, Mahoning County, Ohio, Damon K. Perry, Sergeant John/Jane Doe #10, Sergeant John/Jane Doe #11, Sergeant John/Jane Doe #12, Sergeant John/Jane Doe #13, Sergeant John/Jane Doe #14, Sergeant John/Jane Doe #15, Sergeant John/Jane Doe #16, Sergeant John/Jane Doe #17, Sergeant John/Jane Doe #9, George Starr, Gari Hyshaw, Thomas Connolly, Joseph Hood and adding new party defendant(s) Captain Joseph Hood; Lt. Gari Hyshaw; Sgt. Thomas Connolly; Sgt. George Starr. Filed by M.D.. (Keyes, Barton) |
| Filing 35 Waiver of Service Returned Executed by All Plaintiffs. Mahoning County, Ohio waiver sent on 1/12/2026, answer due 3/13/2026 filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 34 Waiver of Service Returned Executed by All Plaintiffs. Kenneth Kountz waiver sent on 1/12/2026, answer due 3/13/2026 filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 33 Waiver of Service Returned Executed by All Plaintiffs. Jerry Greene waiver sent on 1/12/2026, answer due 3/13/2026 filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 32 Waiver of Service Returned Executed by All Plaintiffs. William Cappabianca waiver sent on 1/12/2026, answer due 3/13/2026 filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 31 Return of Service by personal service executed upon Sergeant John/Jane Doe #14 on 12/18/2025, filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 30 Return of Service by personal service executed upon Sergeant John/Jane Doe #16 on 12/19/2025, filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 29 Return of Service by personal service executed upon Sergeant John/Jane Doe #13 on 12/12/2025, filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 28 Return of Service by personal service executed upon Sergeant John/Jane Doe #12 on 12/12/2025, filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 27 Return of Service by personal service executed upon Sergeant John/Jane Doe #11 on 12/15/2025, filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 26 Return of Service by personal service executed upon Sergeant John/Jane Doe #10 on 12/15/2025, filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 25 Return of Service by personal service executed upon Sergeant John/Jane Doe #17 on 12/20/2025, filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 24 Return of Service by personal service executed upon Sergeant John/Jane Doe #9 on 12/14/2025, filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 23 Return of Service by personal service executed upon Sergeant John/Jane Doe #15 on 12/22/2025, filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 22 Return of Service by personal service executed upon Lieutenant John/Jane Doe #4 on 12/12/2025, filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 21 Return of Service by personal service executed upon Lieutenant John/Jane Doe #8 on 1/3/2026, filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 20 Return of Service by personal service executed upon Lieutenant John/Jane Doe #7 on 1/3/2026, filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 19 Return of Service by personal service executed upon Lieutenant John/Jane Doe #6 on 12/14/2025, filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 18 Return of Service by personal service executed upon Lieutenant John/Jane Doe #5 on 12/23/2025, filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 17 Return of Service by personal service executed upon Commander John/Jane Doe #1 on 12/12/2025, filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 16 Return of Service by personal service executed upon Captain John/Jane Doe #2 on 12/12/2025, filed on behalf of All Plaintiffs (Keyes, Barton) |
| Filing 15 Return of Service by personal service executed upon Captain John/Jane Doe #3 on 12/26/2025, filed on behalf of All Plaintiffs (Keyes, Barton) |
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Filing 14
Order Regarding Service. Judge Benita Y. Pearson on 12/22/25. (P,R)
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| Filing 13 First Motion for extension of time to Disclose Plaintiff's Identity to Doe Defendants filed by Plaintiff M.D.. (Keyes, Barton) |
| Filing 12 SEALED Document:Notice of Disclosure of Plaintiff's Identity filed by All Plaintiffs. Related document(s) #10 . (Keyes, Barton) |
| Filing 11 Return of Service by personal service executed upon Damon K. Perry on 12/11/2025, filed on behalf of All Plaintiffs (Keyes, Barton) |
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Filing 10
Order For the reasons stated herein, Plaintiff's Motion to Proceed Pseudonymously (ECF No. #2 ) is granted. The Clerk of Court shall adjust all captions in this case according to the instructions herein and the caption above. Plaintiff shall proceed pseudonymously and shall disclose her identity to the Court and all Defendants under seal no later than December 19, 2025. The Parties shall not disclose Plaintiff's identity without leave of Court. Judge Benita Y. Pearson on 12/8/2025.(D,Ju)
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Filing 9
Order granting #6 Motion for Appearance Pro Hac Vice by Attorney Evan E. North for Plaintiff M.D. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Benita Y. Pearson on 12/1/2025. (JLG)
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| Filing 8 Amended Summons issued to Counsel for service upon Captain John/Jane Doe #2, Captain John/Jane Doe #3, Commander John/Jane Doe #1, Lieutenant John/Jane Doe #4, Lieutenant John/Jane Doe #5, Lieutenant John/Jane Doe #6, Lieutenant John/Jane Doe #7, Lieutenant John/Jane Doe #8, Sergeant John/Jane Doe #10, Sergeant John/Jane Doe #11, Sergeant John/Jane Doe #12, Sergeant John/Jane Doe #13, Sergeant John/Jane Doe #14, Sergeant John/Jane Doe #15, Sergeant John/Jane Doe #16, Sergeant John/Jane Doe #17, Sergeant John/Jane Doe #9. Related document #7 (M,Do) |
| Filing 7 Second Praecipe for issuance of Original Summons filed by All Plaintiffs. (Attachments: #1 Summons)(Keyes, Barton) |
| Filing 6 Motion for attorney Evan North to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-13386715, filed by Plaintiff M.D.. (Attachments: #1 Exhibit A Declaration of Evan North, #2 Exhibit B Certificates of Good Standing)(Hattemer, Spencer) Modified attorney name on 11/14/2025 (L,Br). |
| Notice to Attorney Evan E. North. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Filing 5 Original Summons issued to counsel for service upon William Cappabianca, Captain John/Jane Doe #2, Captain John/Jane Doe #3, Commander John/Jane Doe #1, Jerry Greene, Kenneth Kountz, Lieutenant John/Jane Doe #4, Lieutenant John/Jane Doe #5, Lieutenant John/Jane Doe #6, Lieutenant John/Jane Doe #7, Lieutenant John/Jane Doe #8, Mahoning County, Ohio, Damon K. Perry, Sergeant John/Jane Doe #10, Sergeant John/Jane Doe #11, Sergeant John/Jane Doe #12, Sergeant John/Jane Doe #13, Sergeant John/Jane Doe #14, Sergeant John/Jane Doe #15, Sergeant John/Jane Doe #16, Sergeant John/Jane Doe #17, Sergeant John/Jane Doe #9. Related document #4 (D,Ju) |
| Filing 4 Praecipe for issuance of Original Summons filed by All Plaintiffs. Related document(s) #1 . (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons, #15 Summons, #16 Summons, #17 Summons, #18 Summons, #19 Summons, #20 Summons, #21 Summons, #22 Summons)(Keyes, Barton) |
| Filing 3 Magistrate Consent Form issued. No summons provided, no summons issued. (M,Do) |
| Filing 2 Motion to Proceed Pseudonymously filed by Plaintiff M D. (Keyes, Barton) |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 405, Receipt number AOHNDC-13377007.. Filed by M D. (Attachments: #1 Civil Cover Sheet) (Keyes, Barton) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Amanda M. Knapp. (M,Do) |
| Judge Benita Y. Pearson assigned to case. (M,Do) |
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