Emmerick v. Seals et al
Plaintiff: James Erick Emmerick
Defendant: Ron Seals, Captain Kent Hatcher, Captain Ron Parton, Tammy Parton, Amanda Parton, Dr. Tim Thomason, Sevier County, Tennessee, Ron Ogle, Bryan Belius, David Norton, Kenneth Whaley, Jimmie Temple, Jimbo Connet and Tony Proffitt
Case Number: 3:2007cv00417
Filed: November 14, 2007
Court: US District Court for the Eastern District of Tennessee
Office: Knoxville Office
County: Sevier
Presiding Judge: R Leon Jordan
Referring Judge: C Clifford Shirley
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on February 25, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 25, 2010 Opinion or Order Filing 76 JUDGMENT GRANTING the motion for summary judgment filed by Tim Thomason and the motion for summary judgment filed by Sevier County, Tennessee, Ron Seals, Kent Hatcher, Don Parton, Tammy Parton, and Amanda Parton. This action is DISMISSED. All other pending motions are DENIED as MOOT. The court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. Signed by District Judge R Leon Jordan on 2/25/10. A copy of this Judgment has been sent via U.S. Mail to Mr. Emmerick.(MGM)
February 25, 2010 Opinion or Order Filing 75 MEMORANDUM to bet set more fully in the following Order. Signed by District Judge R Leon Jordan on 2/25/10. A copy of this Memorandum has been sent via U.S. Mail to Mr. Emmerick. (MGM)
September 22, 2009 Opinion or Order Filing 74 MEMORANDUM in Support of Motion re #73 MOTION for Protective Order filed by Tim Thomason. (Vettori, Frank)
September 22, 2009 Opinion or Order Filing 73 MOTION for Protective Order by Tim Thomason. (Attachments: #1 Exhibit "A")(Vettori, Frank)
September 21, 2009 Opinion or Order Filing 72 MEORANDUM AND ORDER denying Plaintiff's #59 Motion to Compel Discovery; denying Defendant Thomason's #70 Motion for Protective Order with leave to renew. Signed by District Judge R Leon Jordan on 9/21/09. A copy of this Order has been sent via U.S. Mail to James Erick Emmerick. (MGM)
July 17, 2009 Opinion or Order Filing 71 MEMORANDUM in Support of Motion re #70 MOTION for Protective Order filed by Tim Thomason. (Vettori, Frank)
July 17, 2009 Opinion or Order Filing 70 MOTION for Protective Order by Tim Thomason. (Vettori, Frank)
May 12, 2009 Opinion or Order Filing 69 RESPONSE in Opposition re #64 MOTION for Summary Judgment filed by James Erick Emmerick. (MGM)
May 11, 2009 Opinion or Order Filing 68 ORDER: This pro se civil rights action is scheduled for a jury trial on May 27, 2009. There is presently pending before the court two motions for summary judgment filed by the defendants. Accordingly, the trial date of May 27, 2009, is CANCELLED. Another trial date will be scheduled, if necessary, pending disposition of the motions for summary judgment. Signed by District Judge R Leon Jordan on 5/11/2009. (Copy of order mailed to James Emmerick) (KMK)
April 17, 2009 Opinion or Order Filing 67 RESPONSE in Opposition to denfendant Thomason's #61 MOTION for Summary Judgment filed by James Erick Emmerick. (MGM)
April 17, 2009 Opinion or Order Filing 66 MEMORANDUM in Support of Motion re #64 MOTION for Summary Judgment filed by Kent Hatcher, Amanda Parton, Ron Parton, Tammy Parton, Ron Seals, Sevier County, Tennessee. (Attachments: #1 Exhibit)(Bradshaw, Rhonda)
April 17, 2009 Opinion or Order Filing 65 STATEMENT of Material Facts re #64 MOTION for Summary Judgment filed by Kent Hatcher, Amanda Parton, Ron Parton, Tammy Parton, Ron Seals, Sevier County, Tennessee. (Bradshaw, Rhonda)
April 17, 2009 Opinion or Order Filing 64 MOTION for Summary Judgment by Kent Hatcher, Amanda Parton, Ron Parton, Tammy Parton, Ron Seals, Sevier County, Tennessee. (Bradshaw, Rhonda)
April 16, 2009 Opinion or Order Filing 63 DEFENDANT'S Pretrial Narrative. (Vettori, Frank)
March 9, 2009 Opinion or Order Filing 62 MEMORANDUM in Support of Motion re #61 MOTION for Summary Judgment filed by Tim Thomason. (Vettori, Frank)
March 9, 2009 Opinion or Order Filing 61 MOTION for Summary Judgment by Tim Thomason. (Attachments: #1 Affidavit)(Vettori, Frank)
February 12, 2009 Opinion or Order Filing 60 RESPONSE to Motion re #59 MOTION to Compel Discovery and Sanctions filed by Ron Seals, Kent Hatcher, Ron Parton, Tammy Parton, Amanda Parton, Sevier County, Tennessee. (Bradshaw, Rhonda)
January 15, 2009 Opinion or Order Filing 59 MOTION to Compel Discovery for the Production of Document and for Sanctions by James Erick Emmerick. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(MGM)
December 30, 2008 Opinion or Order Filing 58 ANSWER to #3 Complaint by Tim Thomason.(Vettori, Frank)
December 29, 2008 Opinion or Order Filing 57 [Former Doc 57] ANSWER to #3 Complaint (Vettori, Frank). Modified docket text on 12/30/2008 (MGM).
December 29, 2008 Opinion or Order Filing 56 NOTICE of Appearance by Stephen C Daves on behalf of Tim Thomason (Daves, Stephen)
December 12, 2008 Opinion or Order Filing 55 SUMMONS Returned Executed by James Erick Emmerick. Tim Thomason served on 12/11/2008. (MGM)
December 4, 2008 Opinion or Order Alias Summons Issued as to Tim Thomason. (KAW, )
November 13, 2008 Opinion or Order Filing 54 ORDER denying plaintiff's #42 Motion to Compel and granting plaintiff's #42 Motion for Extension of Time to Complete Discovery to the extent the deadline for completion of discovery is EXTENDED until 4/01/09. Plaintiff shall have thirty (30) days from the entry of this Order to file his request to issue alias summons for defendant Thomason, to inform the Clerk of the correct address at which defendant Thomason may be served, and to complete the service packet for issuance of alias summons. The U.S. Marshal is also ORDERED to serve defendant Thomason with the alias summons once it has issued. Signed by District Judge R Leon Jordan on 11/13/08. A copy of this order has been sent to Mr. Emmerick via U.S. Mail. (MGM)
November 7, 2008 Opinion or Order Filing 53 ORDER continuing Trial for 5/27/2009 at 09:00 AM in Courtroom 1A - Knoxville before District Judge R Leon Jordan. The trial date of 11/13/08 is CANCELLED. Signed by District Judge R Leon Jordan on 11/07/08. A copy of this order has been sent via U.S. Mail to Mr. Emmerick. (MGM)
November 7, 2008 Opinion or Order Filing 52 MOTION to Continue by Ron Seals, Kent Hatcher, Ron Parton, Tammy Parton, Amanda Parton, Sevier County, Tennessee. (Bradshaw, Rhonda)
November 6, 2008 Opinion or Order Filing 51 NOTICE by Ron Seals, Kent Hatcher, Ron Parton, Tammy Parton, Amanda Parton, Sevier County, Tennessee to the Clerk (Bradshaw, Rhonda)
November 3, 2008 Opinion or Order Filing 50 ORDER Granting #39 MOTION for Summary Judgment filed by Ron Ogle, Kenneth Whaley, Tony Proffitt, Bryan Belius, Jimbo Connet, David Norton, and Jimmie Temple, and #35 MOTION to Dismiss filed by Ron Parton, Jimbo Connet, Sevier County, Tennessee, Jimmie Temple, Amanda Parton, Ron Ogle, Kenneth Whaley, Tammy Parton, Tony Proffitt, Bryan Belius, Ron Seals, David Norton, and Kent Hatcher. Defendant Sevier County Commissioners Ron Ogle, Bryan Delius, David Norton, Kenneth Whaley, Jimmie Temple, Jimbo Conner, and Tony Proffitt are DISMISSED from this action. All pendent state law claims against defendant Ron Seals, if any, are DISMISSED. The claims against Ron Seals, Kent Hatcher, Don Parton, Tim Thomason, Tammy Parton, and Amanda Parton in their official capacities are DISMISSED. There remain pending for trial plaintiff's federal constitutional claims against Sevier County, Tennessee, and his claims against Ron Seals, Kent Hatcher, Don Parton, Tim Thomason, Tammy Parton, and Amanda Parton in their individual capacities for the violation of plaintiff's civil rights. Signed by District Judge R Leon Jordan on 11/3/08. (MGM) Modified docket text on 11/3/2008 (MGM).
November 3, 2008 Opinion or Order Filing 49 MEMORANDUM AND OPINION to be set forth more fully in the in the following order. Signed by District Judge R Leon Jordan on 11/3/08. (MGM)
October 3, 2008 Opinion or Order Filing 48 Notice of Filing Exhibits A through N by James Erick Emmerick. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I and J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N)(MGM)
September 18, 2008 Opinion or Order Filing 47 DEFENDANT'S Pretrial Narrative. (Bradshaw, Rhonda)
September 18, 2008 Opinion or Order Filing 46 DEFENDANT'S Pretrial Narrative. (Spaulding, Reid)
September 16, 2008 Opinion or Order Filing 45 RESPONSE to Motion re #42 MOTION to Compel MOTION for Extension of Time to Complete Discovery filed by Ron Ogle, Bryan Belius, David Norton, Kenneth Whaley, Jimmie Temple, Jimbo Connet, Tony Proffitt, Ron Seals, Kent Hatcher, Ron Parton, Tammy Parton, Amanda Parton, Sevier County, Tennessee. (Bradshaw, Rhonda)
September 9, 2008 Opinion or Order Filing 44 RESPONSE to Motion re #42 MOTION to Compel MOTION for Extension of Time to Complete Discovery filed by Ron Ogle, Bryan Belius, David Norton, Kenneth Whaley, Jimmie Temple, Jimbo Connet, Tony Proffitt. (Spaulding, Reid)
September 9, 2008 Opinion or Order Filing 43 REPLY to Response to Motion re #39 MOTION for Summary Judgment filed by Ron Ogle, Bryan Belius, David Norton, Kenneth Whaley, Jimmie Temple, Jimbo Connet, Tony Proffitt. (Spaulding, Reid)
September 8, 2008 Opinion or Order Filing 42 MOTION to Compel Defendants to Answer Plaintiff's First Interrogatories and Requests for Production of Documents and MOTION for Extension of Time to Complete Discovery by James Erick Emmerick. (AYB)
September 5, 2008 Opinion or Order Filing 41 RESPONSE in Opposition (titled "Memorandum Contra") to #39 MOTION for Summary Judgment filed by James Erick Emmerick. (AYB)
August 21, 2008 Opinion or Order Filing 40 MEMORANDUM in Support of Motion re #39 MOTION for Summary Judgment filed by Ron Ogle, Bryan Belius, David Norton, Kenneth Whaley, Jimmie Temple, Jimbo Connet, Tony Proffitt. (Watson, Robert)
August 21, 2008 Opinion or Order Filing 39 MOTION for Summary Judgment by Ron Ogle, Bryan Belius, David Norton, Kenneth Whaley, Jimmie Temple, Jimbo Connet, Tony Proffitt. (Attachments: #1 Deposition Excerpts of James Erick Emmerick)(Watson, Robert)
August 21, 2008 Opinion or Order Filing 38 PLAINTIFF'S Pretrial Narrative by James Erick Emmerick. (Attachments: #1 Pretrial Narrative Part 2, #2 Pretrial Narrative Part 3, #3 Exhibits) (AYB)
August 1, 2008 Opinion or Order Filing 37 RESPONSE in Opposition to #35 MOTION to Dismiss filed by James Erick Emmerick. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (AYB)
July 24, 2008 Opinion or Order Filing 36 MEMORANDUM in Support of Motion re #35 MOTION to Dismiss filed by Ron Ogle, Bryan Belius, David Norton, Kenneth Whaley, Jimmie Temple, Jimbo Connet, Tony Proffitt, Ron Seals, Kent Hatcher, Ron Parton, Tammy Parton, Amanda Parton, Sevier County, Tennessee. (Bradshaw, Rhonda)
July 24, 2008 Opinion or Order Filing 35 MOTION to Dismiss by Ron Ogle, Bryan Belius, David Norton, Kenneth Whaley, Jimmie Temple, Jimbo Connet, Tony Proffitt, Ron Seals, Kent Hatcher, Ron Parton, Tammy Parton, Amanda Parton, Sevier County, Tennessee. (Bradshaw, Rhonda)
June 24, 2008 Opinion or Order Filing 34 NOTICE to Take Deposition of James Emmerick by Ron Ogle, Bryan Belius, David Norton, Kenneth Whaley, Jimmie Temple, Jimbo Connet, Tony Proffitt, Ron Seals, Kent Hatcher, Ron Parton, Tammy Parton, Amanda Parton, Sevier County, Tennessee.(Bradshaw, Rhonda)
April 15, 2008 Opinion or Order Filing 33 SCHEDULING ORDER signed by District Judge R Leon Jordan on 4/15/2008: Plaintiffs Pretrial Narrative due by 8/21/2008. Defendants Pretrial Narrative due by 9/18/2008. Discovery due by 9/18/2008. Writ Issuance DDL set for 10/23/2008. Jury Trial set for 11/13/2008 9:00 AM in Courtroom 1A before District Judge R Leon Jordan. [Copy mailed to James Erick Emmerick] (JDH) Text modified on 4/15/2008 (JDH). (Additional attachment(s) added on 5/1/2008: #1 Corrected document) (JDH, ).
March 17, 2008 Opinion or Order Filing 32 ORDER granting #28 Motion for Extension of Time to Answer. Defendants' motionfor extension of time is GRANTED NUNC PRO TUNC as of February 29, 2008.Signed by District Judge R Leon Jordan on 3/17/2008. [Copy mailed to James Emmerick] (JDH)
February 29, 2008 Opinion or Order Filing 31 ANSWER to #3 Complaint with Jury Demand by Ron Ogle, Bryan Belius, David Norton, Kenneth Whaley, Jimmie Temple, Jimbo Connet, Tony Proffitt.(Watson, Robert)
February 27, 2008 Opinion or Order Filing 30 RESPONSE in Opposition re #24 MOTION for Entry of Default filed by Ron Ogle, Bryan Belius, David Norton, Kenneth Whaley, Jimmie Temple, Jimbo Connet, Tony Proffitt, Ron Seals, Kent Hatcher, Ron Parton, Tammy Parton, Amanda Parton, Sevier County, Tennessee. (Myatt, Christopher) [Login/password & signature does not match]
February 27, 2008 Opinion or Order Filing 29 RESPONSE to Motion re #24 MOTION for Entry of Default filed by Ron Ogle, Bryan Belius, David Norton, Jimmie Temple, Jimbo Connet, Tony Proffitt. (Watson, Robert)
February 27, 2008 Opinion or Order Filing 28 MOTION for Extension of Time to File Answer re #3 Complaint by Ron Ogle, Bryan Belius, David Norton, Kenneth Whaley, Jimmie Temple, Jimbo Connet, Tony Proffitt. (Watson, Robert)
February 27, 2008 Opinion or Order Filing 27 NOTICE of Appearance by Robert H Watson, Jr on behalf of Ron Ogle, Bryan Belius, David Norton, Kenneth Whaley, Jimmie Temple, Jimbo Connet, Tony Proffitt (Watson, Robert)
February 27, 2008 Opinion or Order Filing 26 ANSWER to #3 Complaint by Ron Ogle, Bryan Belius, David Norton, Kenneth Whaley, Jimmie Temple, Jimbo Connet, Tony Proffitt, Ron Seals, Kent Hatcher, Ron Parton, Tammy Parton, Amanda Parton, Sevier County, Tennessee.(Bradshaw, Rhonda)
February 21, 2008 Opinion or Order Filing 25 AFFIDAVIT in Support re #24 MOTION for Entry of Default filed by James Erick Emmerick. (JDH)
February 21, 2008 Opinion or Order Filing 24 MOTION for Entry of Default by James Erick Emmerick. (JDH)
February 14, 2008 Opinion or Order Filing 23 SUMMONS Returned Executed by James Erick Emmerick. Kenneth Whaley served on 2/11/2008. (JDH)
February 4, 2008 Opinion or Order Filing 22 MEMORANDUM AND ORDER denying #5 Motion to Appoint Counsel signed by District Judge R Leon Jordan on 2/4/2008. [Copy mailed to James E Emmerick] (JDH)
January 31, 2008 Opinion or Order Filing 21 SUMMONS Returned Executed by James Erick Emmerick. Tony Proffitt served on 12/28/2007. (JDH)
January 31, 2008 Opinion or Order Filing 20 SUMMONS Returned Executed by James Erick Emmerick. Jimbo Connet ("Conner")served on 12/29/2007. (JDH)
January 31, 2008 Opinion or Order Filing 19 SUMMONS Returned Executed by James Erick Emmerick. Jimmie Temple served on 12/31/2007. (JDH)
January 31, 2008 Opinion or Order Filing 18 SUMMONS Returned Executed by James Erick Emmerick. David Norton served on 1/2/2008. (JDH)
January 31, 2008 Opinion or Order Filing 17 SUMMONS Returned Executed by James Erick Emmerick. Bryan Belius served on 12/31/2007. (JDH)
January 31, 2008 Opinion or Order Filing 16 SUMMONS Returned Executed by James Erick Emmerick. Ron ("Ray") Ogle served on 12/29/2007. (JDH)
January 31, 2008 Opinion or Order Filing 15 SUMMONS Returned Executed by James Erick Emmerick. Sevier County, Tennessee served on 12/31/2007. (JDH)
January 31, 2008 Opinion or Order Filing 14 SUMMONS Returned Executed by James Erick Emmerick. Tim Thomason served on 12/29/2007. (JDH)
January 31, 2008 Opinion or Order Filing 13 SUMMONS Returned Executed by James Erick Emmerick. Amanda Parton served on 12/29/2007. (JDH)
January 31, 2008 Opinion or Order Filing 12 SUMMONS Returned Executed by James Erick Emmerick. Tammy Parton served on 12/29/2007. (JDH)
January 31, 2008 Opinion or Order Filing 11 SUMMONS Returned Executed by James Erick Emmerick. Ron Parton served on 12/29/2007. (JDH)
January 31, 2008 Opinion or Order Filing 10 SUMMONS Returned Executed by James Erick Emmerick. Kent Hatcher served on 12/29/2007. (JDH)
January 31, 2008 Opinion or Order Filing 9 SUMMONS Returned Executed by James Erick Emmerick. Ron Seals served on 12/29/2007. (JDH)
January 24, 2008 Opinion or Order Filing 8 NOTICE of Appearance by Rhonda L Bradshaw on behalf of Ron Ogle, Bryan Belius, David Norton, Kenneth Whaley, Jimmie Temple, Jimbo Connet, Tony Proffitt, Ron Seals, Kent Hatcher, Ron Parton, Tammy Parton, Amanda Parton, Sevier County, Tennessee (Bradshaw, Rhonda)
December 27, 2007 Opinion or Order Summons Issued as to Ron Ogle, Bryan Belius, David Norton, Kenneth Whaley, Jimmie Temple, Jimbo Connet, Tony Proffitt, Ron Seals, Kent Hatcher, Ron Parton, Tammy Parton, Amanda Parton, Tim Thomason, Sevier County, Tennessee. (JDH)
December 26, 2007 Opinion or Order Filing 7 NOTICE (for.pdf see #5 ) of Change of Address by James Erick Emmerick (JDH)
December 26, 2007 Opinion or Order Filing 6 RESPONSE (for.pdf see #5 ) re #4 MEMORANDUM AND ORDER signed by District Judge R Leon Jordan on 12/12/2007. (JDH)
December 26, 2007 Opinion or Order Filing 5 MOTION to Appoint Counsel by James Erick Emmerick. (JDH). Attachment modified on 12/27/2007 (JDH).
December 12, 2007 Opinion or Order Filing 4 MEMORANDUM AND ORDER signed by District Judge R Leon Jordan on 12/12/2007. [Copies sent to all parties] (JDH)
November 14, 2007 Opinion or Order Filing 3 COMPLAINT against all defendants, filed by James Erick Emmerick. (Attachments: #1 Letter and Envelope)(RLK)
November 14, 2007 Opinion or Order Filing 2 ORDER directing the clerk to file this civil action without prepayment of fees. Service will not issue until further order of this Court. Signed by Judge C Clifford Shirley on November 14, 2007. (RLK)
November 5, 2007 Opinion or Order Filing 1 APPLICATION for Leave to Proceed in forma pauperis by James Erick Emmerick. (RLK)

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Search for this case: Emmerick v. Seals et al
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Plaintiff: James Erick Emmerick
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Defendant: Ron Seals
Represented By: Rhonda Bradshaw
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Defendant: Captain Kent Hatcher
Represented By: Rhonda Bradshaw
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Defendant: Captain Ron Parton
Represented By: Rhonda Bradshaw
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Defendant: Tammy Parton
Represented By: Rhonda Bradshaw
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Defendant: Amanda Parton
Represented By: Rhonda Bradshaw
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Defendant: Dr. Tim Thomason
Represented By: Frank Q Vettori
Represented By: Stephen C Daves
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Defendant: Sevier County, Tennessee
Represented By: Rhonda Bradshaw
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Defendant: Ron Ogle
Represented By: Rhonda Bradshaw
Represented By: Reid A Spaulding
Represented By: Robert H Watson, Jr
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Defendant: Bryan Belius
Represented By: Rhonda Bradshaw
Represented By: Reid A Spaulding
Represented By: Robert H Watson, Jr
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Defendant: David Norton
Represented By: Rhonda Bradshaw
Represented By: Reid A Spaulding
Represented By: Robert H Watson, Jr
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Defendant: Kenneth Whaley
Represented By: Rhonda Bradshaw
Represented By: Reid A Spaulding
Represented By: Robert H Watson, Jr
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Defendant: Jimmie Temple
Represented By: Rhonda Bradshaw
Represented By: Reid A Spaulding
Represented By: Robert H Watson, Jr
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Defendant: Jimbo Connet
Represented By: Rhonda Bradshaw
Represented By: Reid A Spaulding
Represented By: Robert H Watson, Jr
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Defendant: Tony Proffitt
Represented By: Rhonda Bradshaw
Represented By: Reid A Spaulding
Represented By: Robert H Watson, Jr
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