Cooper v. Sheriff's Office et al
| David O Cooper |
| Montgomery County, Ohio Sheriff's Department and Barb Doe |
| 3:2013cv00272 |
| August 15, 2013 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Michael J Newman |
| Walter H Rice |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
165
JUDGMENT ENTRY - Based upon the jury's answer to the sole Interrogatory it deemed applicable, judgment is hereby entered in favor of the Defendant and against the Plaintiff. The captioned cause is hereby terminated upon the docket records for the United States District Court for the Southern District of Ohio, Western Di vision at Dayton. Signed by Judge Walter H. Rice on 1/25/18. (pb)
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Filing
152
DECISION AND ENTRY SUSTAINING IN PART AND RESERVING RULING IN PART ON DEFENDANT'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO OTHER LAWSUITS, DISMISSED CLAIMS, ALLEGED INCIDENTS NOT THE SUBJECT MATTER OF THIS CASE, EXPERT TESTIMONY OF NON-E XPERT WITNESSES, HEARSAY EVIDENCE, AND IRRELEVANT FACTS (DOC. # 134 ); SUS TAINING PLAINTIFF'S UNOPPOSED MOTION IN LIMINE TO EXCLUDEDEFENDANT'S EXHIBITS DX14 AND 15 (DOC. # 140 ); SUSTAINING PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE TESTIMONY OF JOE TUSS (DOC. # 141 ); RESERVING RULING ON DEFENDANT'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO SUBSEQUENT CHANGES IN POLICY (DOC. # 147 ).. Signed by Judge Walter H. Rice on 1/2/2018. (srb)
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Filing
138
DECISION AND ENTRY OVERRULING DEFENDANT'S MOTION FOR RECONSIDERATION (DOC. # 133 )- Although actions taken by an official with final decision-making authority may give rise to municipal liability, liability may also arise as the result of an unw ritten custom, policy or practice. As the Court previously held, based on Wilson's testimony that suicidal inmates are often deprived of mattresses, a reasonable jury could find that Montgomery County had an unwritten policy, custom or practice that was the driving force behind thealleged constitutional violation. Doc. # 123 , PagelD#1363. For these reasons, the Court OVERRULES Defendant Montgomery County's Motion for Reconsideration, Doc. # 133 . Signed by Judge Walter H. Rice on 10/16/17. (kma)
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Filing
123
DECISION AND ENTRY OVERRULING IN PART AND SUSTAINING IN PART MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS MONTGOMERY COUNTY, OHIO, MAJOR DARYL WILSON ANDCAPTAIN CHUCK CROSBY (DOC. # 110 ); OVERRULING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST DEFENDANTS MONTGOMERY COUNTY, MAJOR DARYL WILSONAND CAPTAIN CHUCK CROSBY FOR FAILURE TO PROVIDE A SLEEPING MATTRESS TO PLAINTIFF FOR OVER FOUR MONTHS (DOC. # 111 ). Signed by Judge Walter H. Rice on 6/30/17. (kma)
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Filing
98
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 93 ); OVERRULING PLAINTIFF'S OBJECTIONS THERETO (DOC. # 96 ); SUSTAINING IN PART AND OVERRULING IN PART MOTION TO DISMISS OF DEFENDANTS M ONTGOMERY COUNTY AND DEFENDANTS SGT. CURTIS LARAVIE, OFFICER STACY FRISK, OFFICER THOMAS CONNOR, AND SGT. JAY VITALI (DOC. # 84 ); DISMISSING WITH PREJUDICE ALL CLAIMS AGAINST DEFENDANTS SGT. CURTIS LARAVIE, OFFICER STACY FRISK, OFFICER THOMA S CONNOR, AND SGT. JAY VITALI; DIRECTING PLAINTIFF TO SHOW CAUSE IN WRITING, WITHIN 10 DAYS, WHY CLAIMS AGAINST OFFICER STEVEN LEOPOLD AND JOHN DOE OF SUMMIT BEHAVIORAL HEAL TH SHOULD NOT BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO OBTAIN TIMELY SERVICE OF PROCESS (Show Cause Response due by 8/15/2016.),. Signed by Judge Walter H. Rice on 8/4/2016. (srb)
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Filing
93
REPORT AND RECOMMENDATION THAT: (1) DEFENDANTS MOTION TO DISMISS BE DENIED WITH REGARD TO DEFENDANT MONTGOMERY COUNTY AND GRANTED WITH REGARD TO DEFENDANTS LARAVIE, FRISK, CONNOR AND VITALI; AND (2) THAT THE SECOND AMENDED COMPLAINT BE DISMISSED AGAINST DEFENDANTS LARAVIE, FRISK, CONNOR AND VITALI WITH PREJUDICE Objections to R&R due by 7/25/2016. Signed by Magistrate Judge Michael J. Newman on 7/7/2016. (srb)
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Filing
76
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (ECF # 72 ); OVERRULING DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. # 68 ) AS MOOT. Signed by Judge Walter H Rice on 8/28/15. (pb)
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Filing
72
ORDER AND ENTRY: (1) GRANTING PLAINTIFFS MOTION FOR LEAVE (DOC. 69 ); (2) DIRECTING PLAINTIFF TO SEPARATELY FILE THE SECOND AMENDED COMPLAINT WITHIN SEVEN DAYS; AND (3) DIRECTING PLAINTIFFS COUNSEL TO SHOW CAUSE AS TO WHY SANCTIONS SHOULD NOT ISSUE. REPORT AND RECOMMENDATION1 THAT DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. 68 ) BE DENIED AS MOOT. Signed by Magistrate Judge Michael J. Newman on 8/11/15. (pb)
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Filing
67
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 65 - Accordingly, it is hereby ORDERED that: 1. The Report and Recommendation filed on June 5, 2015 (Doc. 65 ) IS ADOPTED in full; and 2. Defendants' motion for judgment on the pleadings (Doc. 52) is DENIED as moot WITHOUT PREJDUDICE TO REFILE. Signed by Judge Walter H Rice on 06/23/15. (pb)
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Filing
26
ORDER - The Clerk of Courts is ORDERED to docket Plaintiff's amended complaint, which is attached to his September 11, 2013 motion for an extension of time as Exhibit 1. Doc. 3 -1. The Clerk of Courts is further ORDERED to mail Plaintiff blan k Summons Forms and USM 285 Forms to be completed as to his amended complaint. Plaintiff is ORDERED to submit the Summons Forms and USM 285 Forms, properly completed as to all Defendants named in his amended complaint, by June 19, 2014. Plaintiff is ORDERED to ensure that all outstanding payments are made by June 19, 2014. Signed by Magistrate Judge Michael J Newman on 05/19/14. (pb1)
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Filing
21
ORDER REGARDING SERVICE OF PROCESS: Plaintiff is ORDERED to submit his Summons Forms, USM 285 forms, and civil cover sheet by May 23, 2014. Plaintiff is ADVISED that failure to do so will result in DISMISSAL of his case. Signed by Magistrate Judge Michael J Newman on 4/22/14. (cib1)
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Filing
20
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 19 ); RESCINDING FEBRUARY 26, 2014, ORDER AND JUDGMENT ENTRY (DOCS. ## 16 AND 17 ); DIRECTING CLERK TO REOPEN CASE. Signed by Judge Walter H Rice on 04/18/14. (pb1)
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Filing
19
REPORT AND RECOMMENDATION1 THAT (1) THE ENTRY OF JUDGMENT (DOC. 17 ) BE RESCINDENED; AND (2) THIS CASE BE RE-OPENED Objections to R&R due by 4/18/2014. Signed by Magistrate Judge Michael J Newman on 04/01/14. (pb1)
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Filing
17
CLERK'S JUDGMENT with Attached Notice of Disposal. Signed on 2/26/2014. (pb1)
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Filing
15
REPORT AND RECOMMENDATIONS re 1 Complaint, filed by David O Cooper - The Court RECOMMENDS that: 1. Plaintiffs complaint be DISMISSED; and 2. This case be CLOSED. Objections to R&R due by 2/14/2014. Signed by Magistrate Judge Michael J Newman on 01/28/14. (pb1)
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Filing
14
ORDER granting 13 Motion: For good cause shown, Plaintiff's motion for an extension of time (doc. 13 ) is GRANTED, and Plaintiff is afforded an additional forty-five days, i.e., on or before January 6, 2014, in which to file his civil cover sheet and summons forms. Mindful that the extension of time afforded to Plaintiff extends beyond the 120 day deadline for service of process, it is further ORDERED that Plaintiff complete service of process on all defendants on or before February 6, 2014. Signed by Magistrate Judge Michael J. Newman on 11/20/2013. (jwc)
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Filing
11
ORDER granting 10 Motion - Plaintiff is afforded an extension of 30 days from the issuance of this Order (i.e., on or before November 18, 2013) in which to file his civil cover sheet. He is again ADVISED that his failure to timely do so may result in the dismissal of his case. Signed by Magistrate Judge Michael J Newman on 10/18/13. (pb1)
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Filing
4
ORDER granting 3 Motion for Extension of time and the deadline in the Court's Deficiency Order is extended until October 16, 2013. Pro se Plaintiff is ADVISED that the Court's Deficiency Order remains in effect, and that if he fails to satisfy the Deficiency Order on or before October 16, 2013, the Court will recommend that pro se Plaintiff's complaint be dismissed due to his lack of prosecution and failure to comply with the Deficiency Order. Plaintiff is also DIRECTED to submit a completed civil cover sheet on or before October 16, 2013. Signed by Magistrate Judge Michael J Newman on 09/12/13. (pb1)
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Filing
2
DEFICIENCY ORDER re 1 - Plaintiff is ORDERED to either pay the $400 filing fee or complete the Application and Affidavit by an Incarcerated Person to Proceed Without Prepayment of Fees and Costs, and submit it together with the required prisoner account statement on or before September 16, 2013. Signed by Magistrate Judge Michael J Newman on 8/16/13. (kje1)
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