Buckner v. Rock Hill Police Department et al
Plaintiff: Bruce Allen Buckner
Defendant: RHPD Sergeant Carsto, RHPD Officer Kunde, Rock Hill Police Department, RHPD Officer Terry Sanders, RHPD Officer Andrew Hems and RHPD Officer Robin Gander
Case Number: 0:2020cv03253
Filed: September 11, 2020
Court: US District Court for the District of South Carolina
Presiding Judge: Shiva V Hodges
Referring Judge: Terry L Wooten
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 9, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2020 Filing 52 MOTION for Summary Judgment by Bruce Allen Buckner. Response to Motion due by 11/23/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope) Motions referred to Shiva V. Hodges. (bgoo)
November 9, 2020 Filing 51 RESPONSE in Opposition re #37 MOTION to Stay. Response filed by Bruce Allen Buckner. Reply to Response to Motion due by 11/16/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope) (bgoo)
November 9, 2020 Filing 50 MOTION for Disclosure by Bruce Allen Buckner. Response to Motion due by 11/23/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope) Motions referred to Shiva V. Hodges. (bgoo)
November 9, 2020 Filing 49 MOTION to Amend/Correct #1 Complaint (Amend the Injuries and Change the Injuries on the Complaint) by Bruce Allen Buckner. Response to Motion due by 11/23/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope) Motions referred to Shiva V. Hodges. (bgoo)
November 4, 2020 Filing 47 MOTION to Amend/Correct #1 Complaint by Bruce Allen Buckner. Response to Motion due by 11/18/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Cover Letter, #2 Envelope) Motions referred to Shiva V. Hodges. (lbak)
November 3, 2020 Filing 45 ***DOCUMENT MAILED 44 Text Order on Motion to Amend/Correct, Order on Motion for Default Judgment placed in U.S. Mail from Columbia Clerks Office to Bruce Allen Buckner, 36995A, York County Detention Center, 1675-3A York Hwy, York, SC 29745. (lbak)
November 2, 2020 Filing 41 NOTICE of Voluntary Dismissal as to Rock Hill Police Department by Bruce Allen Buckner. (Attachments: #1 Envelope) (lbak) Filing corrected for event type. Modified on 11/3/2020 to correct document number. (lbak)
November 2, 2020 Opinion or Order Filing 44 TEXT ORDER denying without prejudice #42 Motion to Amend/Correct. Plaintiff is reminded that an amended complaint replaces the original complaint and should be complete in itself. See Young v. City of Mount Ranier, 238 F.3d 567, 572 (4th Cir. 2001) ("As a general rule, an amended pleading ordinarily supersedes the original and renders it of no legal effect.") (citation and internal quotation marks omitted); denying #43 Motion for Default Judgment, as defendants filed an answer on October 22, 2020. Signed by Magistrate Judge Shiva V. Hodges on 11/2/20. (vhor)
November 2, 2020 Filing 43 MOTION for Default Judgment as to the defendants by Bruce Allen Buckner. Response to Motion due by 11/16/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope)Motions referred to Shiva V. Hodges. (mmcd) (Main Document 43 replaced on 11/3/2020 with better scan of document.) (mmcd).
November 2, 2020 Filing 42 MOTION to Amend/Correct #1 Complaint by Bruce Allen Buckner. Response to Motion due by 11/16/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope)Motions referred to Shiva V. Hodges. (mmcd)
October 30, 2020 Filing 40 ***DOCUMENTS MAILED #39 Roseboro Order and 38 Order placed in U.S. Mail from Columbia Clerks Office to Bruce Allen Buckner 36995A York County Detention Center 1675-3A York Hwy York, SC 29745. (mmcd)
October 29, 2020 Opinion or Order Filing 39 ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to #37 MOTION to Stay by 11/30/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Shiva V. Hodges on 10/29/2020. (mmcd)
October 29, 2020 Opinion or Order Filing 38 TEXT ORDER: The court has reviewed Defendants' motion arguing Younger abstention is appropriate in this case. [ECF No. 37]. If the court finds Younger abstention is appropriate, it would dismiss Plaintiffs case without prejudice, rather than stay the action. Therefore, the undersigned construes Defendants' motion to stay as a motion for summary judgment. The Clerk of Court is directed to issue a Roseboro order to advise Plaintiff as to the effect of a motion for summary judgment. Signed by Magistrate Judge Shiva V Hodges on 10/29/20. (vhor)
October 28, 2020 Filing 37 MOTION to Stay by Carsto, Robin Gander, Andrew Hems, Kunde, Terry Sanders. Response to Motion due by 11/12/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit Incident Report, #3 Exhibit Public Index Report #202, #4 Exhibit Public Index Report #203, #5 Exhibit Public Index Report #204, #6 Certificate of Service)No proposed order.Motions referred to Shiva V Hodges.(Golson, Joshua)
October 23, 2020 Filing 36 ***DOCUMENT MAILED #35 Scheduling Order placed in U.S. Mail from Columbia Clerks Office to Bruce Allen Buckner, 36995A, York County Detention Center, 1675-3A York Hwy, York, SC 29745. (lbak)
October 23, 2020 Opinion or Order Filing 35 SCHEDULING ORDER Motions to Amend Pleadings due by 11/23/2020, Discovery due by 12/21/2020, Motions due by 1/20/2021. Signed by Magistrate Judge Shiva V. Hodges on 10/23/2020. (lbak)
October 22, 2020 Filing 34 Local Rule 26.01 Answers to Interrogatories by Carsto, Robin Gander, Andrew Hems, Kunde, Terry Sanders. (Attachments: #1 Certificate of Service)(Golson, Joshua)
October 22, 2020 Filing 33 ANSWER to #1 Complaint by Carsto, Robin Gander, Andrew Hems, Kunde, Terry Sanders. (Attachments: #1 Certificate of Service)(Golson, Joshua)
October 15, 2020 Filing 32 MOTION for issuance of Subpoena by Bruce Allen Buckner. Response to Motion due by 10/29/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Cover Letter, #2 Envelope) Motions referred to Shiva V. Hodges. (lbak)
October 13, 2020 Filing 29 OBJECTION to #7 Report and Recommendation by Bruce Allen Buckner. Reply to Objections due by 10/27/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Cover Letter, #2 Supporting Documents, #3 Envelope) Filing corrected for event type and to modify the document number. (lbak)
October 13, 2020 Filing 28 SUMMONS Returned Executed by Bruce Allen Buckner. Carsto served on 10/8/2020, answer due 10/29/2020; Robin Gander served on 10/8/2020, answer due 10/29/2020; Andrew Hems served on 10/8/2020, answer due 10/29/2020; Kunde served on 10/8/2020, answer due 10/29/2020; Terry Sanders served on 10/8/2020, answer due 10/29/2020. (lbak)
October 9, 2020 Filing 27 ***DOCUMENT MAILED 26 Order on Motion for Reconsideration placed in U.S. Mail from Columbia Clerks Office to Bruce Allen Buckner 36995A York County Detention Center 1675-3A York Hwy York, SC 29745. (mmcd)
October 8, 2020 Opinion or Order Filing 26 TEXT ORDER denying #25 Motion for Reconsideration, as Plaintiff has not shown (1) the discovery of new evidence, (2) an intervening development or change in the controlling law, or (3) the need to correct a clear error or prevent manifest injustice. Further, the undersigned previously advised Plaintiff that he would have an opportunity to present evidence in response to dispositive motions and/or trial. Signed by Magistrate Judge Shiva V. Hodges on 10/8/20. (vhor)
October 8, 2020 Filing 25 MOTION for Reconsideration 12 Order on MOTION to Enter Evidence, by Bruce Allen Buckner. Response to Motion due by 10/22/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Cover Letter, #2 Envelope) Motions referred to Shiva V. Hodges.(lbak)
October 7, 2020 Filing 24 ***DOCUMENTS MAILED 22 Order on Motion for Extension of Time and #23 Order on Motion to Appoint Counsel placed in U.S. Mail from Columbia Clerks Office to Bruce Allen Buckner, 36995A, York County Detention Center, 1675-3A York Hwy, York, SC 29745. (lbak)
October 7, 2020 Opinion or Order Filing 23 ORDER denying #21 Motion to Appoint Counsel. Signed by Magistrate Judge Shiva V. Hodges on 10/7/2020. (lbak)
October 7, 2020 Opinion or Order Filing 22 TEXT ORDER denying as premature #20 Motion for Extension of Time. Plaintiff has no pending deadlines in this case. Signed by Magistrate Judge Shiva V. Hodges on 10/7/20. (vhor)
October 7, 2020 Filing 21 MOTION to Appoint Counsel by Bruce Allen Buckner. Response to Motion due by 10/21/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Cover Letter, #2 Envelope) Motions referred to Shiva V. Hodges. (lbak)
October 7, 2020 Filing 20 MOTION for Extension of Time by Bruce Allen Buckner. Response to Motion due by 10/21/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Cover Letter, #2 Envelope) Motions referred to Shiva V. Hodges. (lbak)
October 1, 2020 Filing 19 ACCEPTANCE OF SERVICE OF COMPLAINT by Terry Sanders, Kunde, Carsto, Robin Gander, Andrew Hems. Terry Sanders served on 10/1/2020, answer due 10/22/2020; Kunde served on 10/1/2020, answer due 10/22/2020; Carsto served on 10/1/2020, answer due 10/22/2020; Robin Gander served on 10/1/2020, answer due 10/22/2020; Andrew Hems served on 10/1/2020, answer due 10/22/2020. (Attachments: #1 Certificate of Service)(Morrison, David)
October 1, 2020 Filing 18 NOTICE of Appearance by David Leon Morrison on behalf of Carsto, Robin Gander, Andrew Hems, Kunde, Rock Hill Police Department, Terry Sanders (Attachments: #1 Certificate of Service)(Morrison, David)
September 30, 2020 Filing 17 ***DOCUMENT MAILED #16 Order on Motion of Indigent Plaintiff placed in U.S. Mail from Columbia Clerks Office to Bruce Allen Buckner, 36995A, York County Detention Center, 1675-3A York Hwy, York, SC 29745. (lbak)
September 30, 2020 Opinion or Order Filing 16 ORDER denying #15 Motion of Indigent Plaintiff. Signed by Magistrate Judge Shiva V. Hodges on 9/30/2020. (lbak)
September 30, 2020 Filing 15 MOTION of Indigent Plaintiff by Bruce Allen Buckner. Response to Motion due by 10/14/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Cover Letter, #2 Envelope) Motions referred to Shiva V. Hodges. (lbak)
September 28, 2020 Filing 14 ***DOCUMENT MAILED 12 Order on Motion for Miscellaneous Relief, placed in U.S. Mail from Columbia Clerks Office to Bruce Allen Buckner, 36995A, York County Detention Center, 1675-3A York Hwy, York, SC 29745. (lbak)
September 28, 2020 Filing 13 OBJECTION to #7 Report and Recommendation by Bruce Allen Buckner. Reply to Objections due by 10/13/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Cover Letter, #2 Envelope) Filing corrected for event type. (lbak)
September 28, 2020 Opinion or Order Filing 12 TEXT ORDER denying #11 Motion to enter documents in evidence, as Plaintiff will have the opportunity to provide the court with evidence in response to dispositive motions and/or at trial. Signed by Magistrate Judge Shiva V. Hodges on 9/28/20. (vhor)
September 25, 2020 Filing 11 MOTION to Enter Into Evidence by Bruce Allen Buckner. Response to Motion due by 10/9/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Cover letter, #2 Supporting Documents, #3 Envelope 1, #4 Envelope 2)Motions referred to Shiva V. Hodges. (mmcd) (Attachment 2 replaced on 9/25/2020 with corrected scan of document) (mmcd).
September 15, 2020 Filing 9 Summonses Issued as to Carsto, Robin Gander, Andrew Hems, Kunde, Terry Sanders. Service due by 12/14/2020. (lbak)
September 15, 2020 Filing 8 ***DOCUMENTS MAILED #6 Order 1983 and #7 REPORT AND RECOMMENDATION placed in U.S. Mail from Columbia Clerks Office to Bruce Allen Buckner, 36995A, York County Detention Center, 1675-3A York Hwy, York, SC 29745. (lbak/mmcd)
September 15, 2020 Opinion or Order Filing 7 REPORT AND RECOMMENDATION recommending the district judge dismiss RHPD with prejudice and without issuance and service of process. By separate order, service has been authorized on the remaining defendants. Objections to R&R due by 9/29/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Shiva V. Hodges on 9/15/2020. (lbak)
September 15, 2020 Opinion or Order Filing 6 ORDER authorizing service of process and collection of filing fee to RHPD Sergeant Carsto, RHPD Officer Kunde, RHPD Officer Andrew Hems, RHPD Officer Terry Sanders and RHPF Officer Robin Gander. Plaintiff has incurred a debt to the U.S.A. in the amount of $350.00. Plaintiff is also directed to notify the clerk in writing of any change of address. Motion granted: #2 MOTION for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Shiva V. Hodges on 9/15/2020. (lbak)
September 11, 2020 Filing 4 TRUE DIVISION FOR TRIAL: Rock Hill. (lbak)
September 11, 2020 Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Bruce Allen Buckner. Response to Motion due by 9/25/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelopes 1 - 8) Motions referred to Shiva V. Hodges. (lbak)
September 11, 2020 Filing 1 COMPLAINT against All Defendants, filed by Bruce Allen Buckner. (Attachments: #1 Cover Letter, #2 Envelopes 1 - 8) (lbak) Supplement added on 9/25/2020 at #11 (mmcd).

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Search for this case: Buckner v. Rock Hill Police Department et al
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Defendant: RHPD Sergeant Carsto
Represented By: Joshua Paul Golson
Represented By: David Leon Morrison
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Defendant: RHPD Officer Kunde
Represented By: Joshua Paul Golson
Represented By: David Leon Morrison
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Defendant: Rock Hill Police Department
Represented By: David Leon Morrison
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Defendant: RHPD Officer Terry Sanders
Represented By: Joshua Paul Golson
Represented By: David Leon Morrison
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Defendant: RHPD Officer Andrew Hems
Represented By: Joshua Paul Golson
Represented By: David Leon Morrison
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Defendant: RHPD Officer Robin Gander
Represented By: Joshua Paul Golson
Represented By: David Leon Morrison
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Plaintiff: Bruce Allen Buckner
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