Simpson v. South Carolina Department of Corrections et al
Plaintiff: Keith Simpson
Defendant: South Carolina Department of Corrections, Correctional Officer Dennis, Correctional Officer McKie, Warden Joseph McFadden and Correctional Officer Kelly
Case Number: 2:2019cv02245
Filed: August 9, 2019
Court: US District Court for the District of South Carolina
Presiding Judge: Mary Gordon Baker
Referring Judge: Richard M Gergel
Nature of Suit: Prison:Prison Condition
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on February 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 7, 2019 Filing 51 MOTION to Seal Document #50 MOTION for Summary Judgment by Correctional Officer Dennis, Correctional Officer Kelly, Joseph McFadden, Correctional Officer McKie, South Carolina Department of Corrections. Response to Motion due by 10/21/2019. 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. No proposed order.Motions referred to Mary Gordon Baker.(Holler, David)
October 7, 2019 Filing 50 MOTION for Summary Judgment by Correctional Officer Dennis, Correctional Officer Kelly, Joseph McFadden, Correctional Officer McKie, South Carolina Department of Corrections. Response to Motion due by 10/21/2019. 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 Exhibits A through J, #3 Exhibit McFadden deposition, #4 Affidavit Major Clark affidavit)No proposed order.Motions referred to Mary Gordon Baker.(Holler, David)
September 25, 2019 Opinion or Order Filing 47 ORDER The Court DENIES IN PART and GRANTS IN PART Defendants' 111 Motion for Protective Order. The Court further DENIES Plaintiffs' 114 Motion for Oral Arguments to the extent they seek a hearing on the Motion for Protective Order, GRANTS the Motion for Production of Records that Mr. Roth reviewed in making his report, and HOLDS IN ABEYANCE Plaintiff's Motion for Sanctions. Signed by Magistrate Judge Mary Gordon Baker on 09/25/2019. Associated Cases: 2:17-cv-03031-RMG-MGB, 1:18-cv-00050-RMG-MGB, 2:19-cv-02245-RMG-MGB(hada, )
September 24, 2019 Filing 46 TEXT ORDER. The Court has carefully reviewed the parties briefings filed in response to the Courts September 20, 2019 Text Order, including the Defendants Motion for Protective Order. (Dkt. Nos. 109; 110; 111; 112; 114.) For reasons that will be detailed in a forthcoming Order, the Court DENIES IN PART and GRANTS IN PART Defendants Motion for Protective Order (Dkt. No. 111). Specifically, the Court finds that Defendants must produce all email communications between Tom Roth and SCDC personnel, Bates No. 53001-53305, as indexed in Exhibit A to their Motion and as provided to the Court. In addition, Defendants must produce all attachments to those emails, Bates No. 001-1689, with the exception of the Implementation Panel Report, Bates No. 531-612. The Court has previously ruled such Implementation Panel Reports are subject to confidentiality under the Mental Health Settlement (Dkt. No. 69) and, upon review, the Report at issue primarily concerns mental health issues rather than staffing levels generally. The documents are to be produced upon issuance of this Order. The produced documents are subject to the Confidentiality Order (Dkt. No. 16) in this case. In addition, these documents are for attorneys eyes only. Counsel must obtain the Courts permission if they wish to share any of these produced documents with their clients. The Court further DENIES Plaintiffs Motion for Oral Arguments to the extent they seek a hearing on the Motion for Protective Order, GRANTS the Motion for Production of Records that Mr. Roth reviewed in making his report, and HOLDS IN ABEYANCE Plaintiffs Motion for Sanctions (Dkt. No. 114). To the extent Defendants cannot identify the materials that Mr. Roth reviewed in making his report, that will be explored at a hearing on Plaintiffs Motion for Sanctions. Also, with respect to Mr. Roths deposition on September 30, 2019, the Court finds that the parties are permitted to question Mr. Roth fully about matters potentially relevant to their claims and defenses. Any testimony given by Mr. Roth is covered by the Confidentiality Order in this case, including his report, his conclusions, any data collected, and any witnesses interviewed. A more detailed Order is forthcoming. IT IS SO ORDERED. Entered at the direction of Magistrate Judge Mary Gordon Baker on 9/24/19. Associated Cases: 2:17-cv-03031-RMG-MGB, 2:19-cv-02245-RMG-MGB(akob, )
September 24, 2019 Filing 45 MOTION FOR ORAL ARGUMENTS, EXPEDITED MOTION FOR PRODUCTION OF RECORDS AND RESPONSE IN OPPOSITION TO DEFENDANTS MOTION FOR PROTECTIVE ORDER re (164 in 1:18-cv-00050-RMG-MGB, 111 in 2:17-cv-03031-RMG-MGB, 42 in 2:19-cv-02245-RMG-MGB) MOTION for Protective Order by Garcia Wilson, Brandon Bartlett, Keith Simpson. Response to Motion due by 10/8/2019. 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 Exhibit Exhibit 1- Discovery Requests, #2 Exhibit Exhibit 2- Roth's Motion)No proposed order.Associated Cases: 2:17-cv-03031-RMG-MGB, 1:18-cv-00050-RMG-MGB, 2:19-cv-02245-RMG-MGBMotions referred to Mary Gordon Baker.(Bell, James)
September 23, 2019 Filing 44 TEXT ORDER. Plaintiffs are ORDERED to respond to Defendants' 111 Motion for Protective Order by September 27, 2019. Entered at the direction of Magistrate Judge Mary Gordon Baker on 9/23/19. Associated Cases: 2:17-cv-03031-RMG-MGB, 1:18-cv-00050-RMG-MGB, 2:19-cv-02245-RMG-MGB(akob, )
September 23, 2019 Filing 43 STATUS REPORT by Sergeant Cotton, Willie Eagelton, Cory Lucas, Sergeant Sims, Donnie Stonebreaker, Sergeant Williamson, Correctional Officer Dennis, Correctional Officer Kelly, Joseph McFadden, Correctional Officer McKie, South Carolina Department of Corrections, Correctional Officer Dennis, Correctional Officer Kelly, Joseph McFadden, Correctional Officer McKie, Willie Eagleton. Associated Cases: 1:18-cv-00050-RMG-MGB, 2:17-cv-03031-RMG-MGB, 2:19-cv-02245-RMG-MGB, 2:19-mc-00310-RMG-MGB(Holler, David)
September 23, 2019 Filing 42 MOTION for Protective Order by Sergeant Cotton, Willie Eagelton, Cory Lucas, Sergeant Sims, Donnie Stonebreaker, Sergeant Williamson, Correctional Officer Dennis, Correctional Officer Kelly, Joseph McFadden, Correctional Officer McKie, South Carolina Department of Corrections, Correctional Officer Dennis, Correctional Officer Kelly, Joseph McFadden, Correctional Officer McKie, Willie Eagleton. Response to Motion due by 10/7/2019. 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 Exhibit A, #2 Exhibit B)No proposed order.Associated Cases: 1:18-cv-00050-RMG-MGB, 2:17-cv-03031-RMG-MGB, 2:19-cv-02245-RMG-MGB, 2:19-mc-00310-RMG-MGBMotions referred to Mary Gordon Baker.(Holler, David)
September 23, 2019 Filing 41 STATUS REPORT by Garcia Wilson, Brandon Bartlett, Keith Simpson. Associated Cases: 1:18-cv-00050-RMG-MGB, 2:17-cv-03031-RMG-MGB, 2:19-cv-02245-RMG-MGB(Bell, James)
September 20, 2019 Filing 40 TEXT ORDER. As directed by the Court in the Status Conference held on Sept. 18, 2019, Defendants have produced to the Court a flash drive containing certain communications between Mr. Roth and SCDC. By noon on Monday, Sept. 23, 2019, Mr. Holler must file a Status Report, indicating whether he consents to the production of all the documents on the flash drive. To the extent Mr. Holler does not consent, he must specify which documents he does not think should be produced and provide argument for their protection. In addition, by noon on Monday, Sept. 23, 2019, both parties must file a Status Report on the production of records that Mr. Roth states he relied on in creating the Roth Report, as outlined on pages 9 through 10 of the Roth Report, and as discussed at the Sept. 18, 2019 Status Conference. IT IS SO ORDERED. Entered at the direction of Magistrate Judge Mary Gordon Baker on 9/20/19. Associated Cases: 2:17-cv-03031-RMG-MGB, 2:19-cv-02245-RMG-MGB(akob, )
September 18, 2019 Filing 38 PLAINTIFF'S ID OF EXPERT WITNESSES SUPPLEMENTAL by Brandon Bartlett, Keith Simpson.Associated Cases: 2:17-cv-03031-RMG-MGB, 2:19-cv-02245-RMG-MGB(Bell, James)
September 18, 2019 Filing 37 TEXT ORDER. Upon review of the docket, the discovery deadline expired on July 16, 2019. (Dkt. No. 76.) However, based on the Court's communications with the parties, the discovery deadline has been extended to September 30, 2019. Any further requests for extension of the discovery deadline must be directed to the District Judge. The dispositive motions deadline remains October 7, 2019. Entered at the direction of Magistrate Judge Mary Gordon Baker on 9/18/19. Associated Cases: 2:17-cv-03031-RMG-MGB, 2:19-cv-02245-RMG-MGB, 2:19-cv-02246-RMG-MGB, 2:19-cv-02247-RMG-MGB(akob, )
September 16, 2019 Filing 36 RESPONSE to Motion re (10 in 2:19-mc-00310-RMG-MGB) MOTION to Quash Response filed by Correctional Officer Dennis, Correctional Officer Kelly, Joseph McFadden, Correctional Officer McKie, South Carolina Department of Corrections, Sergeant Cotton, Willie Eagelton, Sergeant Sims, Donnie Stonebreaker, Sergeant Williamson, Correctional Officer Dennis, Correctional Officer Kelly, Joseph McFadden, Correctional Officer McKie, Willie Eagleton.Reply to Response to Motion due by 9/23/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Associated Cases: 2:19-mc-00310-RMG-MGB et al.(Holler, David)
September 9, 2019 Opinion or Order Filing 35 ORDER AND OPINION The Court ADOPTS the #31 Report and Recommendation as the order of the Court. Defendants' #3 motion for summary judgment for failure to exhaust administrative remedies is GRANTED IN PART and DENIED IN PART. Summary judgment is GRANTED as to Plaintiffs Chris Ford and Cedric Robinson, and DENIED as to as to Plaintiffs Brandon Bartlett and Keith Simpson. The Court REMANDS to state court the state law claims brought by Plaintiffs Chris Ford and Cedric Robinson. Signed by Honorable Richard M Gergel on 09/09/2019.Associated Cases: 2:19-cv-02245-RMG-MGB, 2:17-cv-03031-RMG-MGB, 2:19-cv-02246-RMG-MGB, 2:19-cv-02247-RMG-MGB(hada, )
August 28, 2019 Opinion or Order Filing 34 ORDER The Court OVERRULES AND DENIES Defendants' objections to, and request for review and reconsideration of, the Magistrate Judge's order. (Dkt.No. 32.) The Magistrate Judge's order (Dkt. No. 1) is AFFIRMED. Signed by Honorable Richard M Gergel on 08/28/2019. Associated Cases: 2:19-cv-02245-RMG-MGB, 2:17-cv-03031-RMG-MGB, 2:19-cv-02246-RMG-MGB, 2:19-cv-02247-RMG-MGB(hada, )
August 23, 2019 Filing 32 OBJECTION to Order (1 in 2:19-cv-02245-RMG-MGB, 1 in 2:19-cv-02247-RMG-MGB, 1 in 2:19-cv-02246-RMG-MGB, 88 in 2:17-cv-03031-RMG-MGB) Associated Cases: 2:19-cv-02246-RMG-MGB, 2:17-cv-03031-RMG-MGB, 2:19-cv-02245-RMG-MGB, 2:19-cv-02247-RMG-MGB Modified on 08/26/2019 to correct event type per Chamber's request. (hada, )
August 14, 2019 Opinion or Order Filing 31 REPORT AND RECOMMENDATION AND ORDER of Magistrate Judge Mary Gordon Baker. It is recommended that Defendants' Motion for Summary Judgment for failure to exhaust administrative remedies be GRANTED IN PART AND DENIED IN PART. Specifically, the undersigned recommends that summary judgment be granted as to Plaintiffs Chris Ford and Cedric Robinson and be denied as to Plaintiffs Brandon Bartlett and Keith Simpson. Should the District Court adopt this recommendation, the state law claims of Plaintiffs Ford and Robinson should be remanded to state court. In addition, the undersigned DENIES Defendants' request to stay discovery on the merits. If this action survives summary judgment on the merits, the undersigned recommends the Court decide the exhaustion issue as to Plaintiffs Bartlett and Simpson prior to any jury trial. (3 in 2:19-cv-02245-RMG-MGB) (62 in 2:17-cv-03031-RMG-MGB) (3 in 2:19-cv-02247-RMG-MGB) (3 in 2:19-cv-02246-RMG-MGB) Objections to R&R due by 8/28/2019 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 Mary Gordon Baker on 08/14/2019. Associated Cases: 2:17-cv-03031-RMG-MGB, 2:19-cv-02245-RMG-MGB, 2:19-cv-02246-RMG-MGB, 2:19-cv-02247-RMG-MGB(hada, )
August 13, 2019 Filing 18 Minute Entry. Proceedings held before Magistrate Judge Mary Gordon Baker: Global Status Conference held on 8/13/2019. Court Reporter Virginia Druce, CourtSmart. Associated Cases: 2:17-cv-03031-RMG-MGB, 2:19-cv-02245-RMG-MGB, 2:19-cv-02246-RMG-MGB, 2:19-cv-02247-RMG-MGB(hhil, )
August 9, 2019 Filing 29 TEXT ORDER re #28 Notice of Request for Protection from Court Appearance. The undersigned grants protection to Attorney James Edward Bell, III, for the month of September, 2019. However, all deadlines set forth in the scheduling order still apply and no extensions will be granted on the basis of this protection. This Order does not afford protection from any appearance required before the District Court Judge assigned to this case, although he may separately grant such protection. AND IT IS SO ORDERED. Entered at the direction of Magistrate Judge Mary Gordon Baker on 7/10/19. Associated Cases: 2:19-cv-02245-RMG-MGB, 2:19-cv-02246-RMG-MGB, 2:19-cv-02247-RMG-MGB(hada, )
August 9, 2019 Filing 28 NOTICE of Request for Protection from Court Appearance by James Edward Bell, III for September 2019. Associated Cases: 2:19-cv-02245-RMG-MGB, 2:19-cv-02246-RMG-MGB, 2:19-cv-02247-RMG-MGB(hada, )
August 9, 2019 Filing 27 Minute Entry. Proceedings held before Magistrate Judge Mary Gordon Baker: Discovery Hearing held on 6/5/2019. Gabby Sulpizio and Ed Bell, III present for Plaintiffs. David Holler present for Defendants. Order from the Court forthcoming. Court Reporter Karen Martin. Associated Cases: 2:19-cv-02245-RMG-MGB, 2:19-cv-02246-RMG-MGB, 2:19-cv-02247-RMG-MGB(hada, )
August 9, 2019 Filing 26 DEFENDANT'S ID OF EXPERT WITNESSES by Correctional Officer Dennis, Correctional Officer Kelly, Joseph McFadden, Correctional Officer McKie, South Carolina Department of Corrections.Associated Cases: 2:19-cv-02245-RMG-MGB, 2:19-cv-02246-RMG-MGB, 2:19-cv-02247-RMG-MGB(hada, )
August 9, 2019 Filing 25 PLAINTIFF'S ID OF EXPERT WITNESSES by Chris Ford, Cedric Robinson, Keith Simpson.Associated Cases: 2:19-cv-02245-RMG-MGB, 2:19-cv-02246-RMG-MGB, 2:19-cv-02247-RMG-MGB(hada, )
August 9, 2019 Opinion or Order Filing 24 CONFIDENTIALITY ORDER. Signed by Magistrate Judge Mary Gordon Baker on 07/20/2018. Associated Cases: 2:19-cv-02245-RMG-MGB, 2:19-cv-02246-RMG-MGB, 2:19-cv-02247-RMG-MGB(hada, )
August 9, 2019 Filing 23 Defendants Local Rule 26.03 Answers to Interrogatories by Correctional Officer Dennis, Correctional Officer Kelly, Joseph McFadden, Correctional Officer McKie, South Carolina Department of Corrections.Associated Cases: 2:19-cv-02245-RMG-MGB, 2:19-cv-02246-RMG-MGB, 2:19-cv-02247-RMG-MGB(hada, )
August 9, 2019 Filing 22 Plaintiff's Local Rule 26.03 Answers to Interrogatories by Chris Ford, Cedric Robinson, Keith Simpson.Associated Cases: 2:19-cv-02245-RMG-MGB, 2:19-cv-02246-RMG-MGB, 2:19-cv-02247-RMG-MGB(hada, )
August 9, 2019 Filing 21 Rule 26(f) Report by Chris Ford, Cedric Robinson, Keith Simpson.Associated Cases: 2:19-cv-02245-RMG-MGB, 2:19-cv-02246-RMG-MGB, 2:19-cv-02247-RMG-MGB(hada, )
August 9, 2019 Filing 20 ANSWER to #2 Complaint by Correctional Officer Dennis, Correctional Officer Kelly, Joseph McFadden, Correctional Officer McKie, South Carolina Department of Corrections.(hada, )
August 9, 2019 Filing 19 Local Rule 26.01 Answers to Interrogatories by Correctional Officer Dennis, Correctional Officer Kelly, Joseph McFadden, Correctional Officer McKie, South Carolina Department of Corrections.Associated Cases: 2:19-cv-02245-RMG-MGB, 2:19-cv-02246-RMG-MGB, 2:19-cv-02247-RMG-MGB(hada, )
August 9, 2019 Filing 17 TEXT ORDER AMENDING SCHEDULING ORDER as follows: Motions due by 10/7/2019. Entered at the direction of Magistrate Judge Mary Gordon Baker on 07/25/2019. (hada, )
August 9, 2019 Filing 16 NOTICE of Hearing: Global Status Conference set for 8/13/2019 10:00 AM in Charleston Courtroom #6, U. S. Court House, 85 Broad St, Charleston before Magistrate Judge Mary Gordon Baker. The District Judges have assigned all of the cases alleging systemic prison violence at SCDC, brought by the Bell Legal Group, to Judge Baker for pretrial handling. At the global status conference, Judge Baker will discuss how these cases will be handled moving forward. (hada, )
August 9, 2019 Filing 15 RULE 26(a)(3)PRETRIAL DISCLOSURES by Correctional Officer Dennis, Correctional Officer Kelly, Joseph McFadden, Correctional Officer McKie, South Carolina Department of Corrections.(hada, )
August 9, 2019 Opinion or Order Filing 14 ORDER The Court overrules the Defendants' Objections, affirms the Magistrate Judge's Orders (Dkt. Nos. 64, 65, 67) and orders that the Defendants produce the ordered discovery within TEN (10) DAYS of the date of this Order. Signed by Honorable Richard M Gergel on 07/10/2019. (hada, )
August 9, 2019 Filing 13 TEXT ORDER. During the telephone conference held before Judge Baker on June 27, 2019, the parties discussed the need to depose two additional witnesses and they explained why it will be difficult to take these depositions by the discovery deadline of July 2, 2019. For the reasons stated in the telephone conference, Judge Baker grants a limited extension of the discovery deadline to July 16, 2019, for the limited purpose of allowing these two depositions to take place. IT IS SO ORDERED. Entered at the direction of Magistrate Judge Mary Gordon Baker on 06/27/2019. (hada, )
August 9, 2019 Opinion or Order Filing 11 ORDER The Court denies Plaintiff's request to compel the production of the SCDC compliance evaluation reports and denies Plaintiff's request to compel the production of the SLED report. Signed by Magistrate Judge Mary Gordon Baker on 06/14/2019. (hada, )
August 9, 2019 Filing 10 STATUS REPORT by Keith Simpson. (hada, )
August 9, 2019 Opinion or Order Filing 9 ORDER ORDER that Defendants shall produce to Plaintiffs' Counsel the entire unredacted Roth Report by Monday June 10, 2019. The Roth Report is considered subject to the Confidentiality Order 16 already in place and is for attorneys' eyes only. In addition, the Court finds that, given that Mr. Roth could be a fact witness in this case, Defendants must disclose to Plaintiffs' counsel Mr. Roth's home address so that he may be served a notice of his deposition. Defendants are directed to disclose this information by Monday, June 10, 2019. This information is also for attorneys' eyes only. Signed by Magistrate Judge Mary Gordon Baker on 06/07/2019. (hada, )
August 9, 2019 Opinion or Order Filing 7 ORDER ORDER The Court DENIES Defendants' request to stay discovery until the exhaustion issue is decided and GRANTS IN PART AND DENIES IN PART Defendants' 61 Motion for Protective Order. In addition, to the extent Plaintiffs ask the Court to compel responses to the above discovery requests cited in the 59 Status Report, the Court GRANTS IN PART AND DENIES IN PART such a motion to compel. Details set forth in Order. Signed by Magistrate Judge Mary Gordon Baker on 06/07/2019. (hada, )
August 9, 2019 Filing 6 REPLY to Response to Motion re #3 MOTION for Summary Judgment Response filed by Correctional Officer Dennis, Correctional Officer Kelly, Joseph McFadden, Correctional Officer McKie, South Carolina Department of Corrections. (Attachments: #1 Exhibits)(hada, )
August 9, 2019 Filing 5 RESPONSE in Opposition re #3 MOTION for Summary Judgment. Response filed by Keith Simpson. (Attachments: #1 Exhibits, #2 Exhibits)(hada, )
August 9, 2019 Filing 4 Additional Attachments to Main Document #3 MOTION for Summary Judgment. (Attachments: #1 Additional Attachments, #2 Additional Attachments, #3 Additional Attachments, #4 Additional Attachments, #5 Additional Attachments, #6 Additional Attachments, #7 Additional Attachments)(hada, )
August 9, 2019 Filing 3 MOTION for Summary Judgment by Correctional Officer Dennis, Correctional Officer Kelly, Joseph McFadden, Correctional Officer McKie, South Carolina Department of Corrections. (Attachments: #1 Exhibits)Motions referred to Mary Gordon Baker.(hada, ) Modified to add link to #4 Additional Attachments on 8/13/2019 (hada, ).
August 9, 2019 Filing 2 COMPLAINT against Correctional Officer Dennis, Correctional Officer Kelly, Joseph McFadden, Correctional Officer McKie, South Carolina Department of Corrections, filed by Keith Simpson. (Attachments: #1 Notice of Removal)(hada, )
August 9, 2019 Opinion or Order Filing 1 Order: Plaintiffs' claims should be SEVERED into separate actions. Plaintiff Bartlett will continue under the instant civil action number. The Clerk of Court is directed to assign new civil action numbers to each of the other individual Plaintiffs. Signed by Magistrate Judge Mary Gordon Baker on 08/09/2019. (hada, )

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Search for this case: Simpson v. South Carolina Department of Corrections et al
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Defendant: South Carolina Department of Corrections
Represented By: David Cornwell Holler
Represented By: G Murrell Smith, Jr
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Defendant: Correctional Officer Dennis
Represented By: David Cornwell Holler
Represented By: G Murrell Smith, Jr
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Defendant: Correctional Officer McKie
Represented By: David Cornwell Holler
Represented By: G Murrell Smith, Jr
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Defendant: Warden Joseph McFadden
Represented By: David Cornwell Holler
Represented By: G Murrell Smith, Jr
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Defendant: Correctional Officer Kelly
Represented By: David Cornwell Holler
Represented By: G Murrell Smith, Jr
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Plaintiff: Keith Simpson
Represented By: Victoria S H Knight
Represented By: Gabrielle Anna Sulpizio
Represented By: James Edward Bell, III
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