Houston v. Kidd et al
| David L Houston |
| Jail Officers, Dock Supervisors, Cpt Turner, Securis Phone System, Chief Bivens, Cpl Macoy, Chief Stevens, Sgt Oldham, Capt Cox, Lt Sparks, Officer Sellers, Cpl Harvey, Officer Sparks, Lt Smith, Sgt Pemberton, Knox Co. Sheriff Office, Sharon Burnside, Sgt Clement, Sgt Kidd, Lt Oldham, Officer Duncan, Lt Fritz, Lt Spreng, Knox County Commissary, Chief Bravo, Sgt Travis, Cpt Cooper, Cpl Seals, Boyd Smith, Joshua Hedrick, Officer Thornbury, Dacus, J. Smith, Officer Kuban, Chief Purvis, Officer Yokley, Knox County Security and Officer Kaeeler |
| 3:2020cv00491 |
| November 16, 2020 |
| US District Court for the Eastern District of Tennessee |
| R Leon Jordan |
| Debra C Poplin |
| Thomas A Varlan |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on July 30, 2021. A more recent docket listing may be available from PACER.
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Filing 32
JUDGMENT ORDER, Defendants' motion to dismiss #28 is GRANTED, and this action is DISMISSED WITH PREJUDICE. Because the Court CERTIFIED in the Memorandum Opinion that any appeal from this decision would not be taken in good faith, should Plaintiff file a notice of appeal, he is DENIED leave to appeal in forma pauperis. Signed by District Judge R. Leon Jordan on 7/30/21. (c/m) (ADA)
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Filing 31
MEMORANDUM OPINION in support of the following Judgment Order. Signed by District Judge R. Leon Jordan on 7/30/21. (c/m David L Houston 1172552 KNOX COUNTY DETENTION FACILITY 5001 MALONEYVILLE ROAD KNOXVILLE, TN 37918 ) (ADA)
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Filing 30
SCHEDULING ORDER: Bench Trial set for 11/22/2022 at 9:00 AM in Courtroom 1A - Knoxville before District Judge R Leon Jordan. Plaintiffs Pretrial Narrative due by 6/7/2022. Defendants Pretrial Narrative due by 7/5/2022. Writ Issuance DDL set for 11/1/2022. Signed by District Judge R. Leon Jordan on 7/27/21. (David L Houston 1172552 KNOX COUNTY DETENTION FACILITY 5001 MALONEYVILLE ROAD KNOXVILLE, TN 37918) (ADA)
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Filing 29
ORDER.Defendants Kidd and Sparks have filed a motion to extend the time within which to file a response to Plaintiff's pro se prisoner's civil rights complaint filed under 42 U.S.C. 1983 #27 . Upon due consideration, and for the reasons stated in Defendants' motion, the motion is GRANTED. Defendants shall have up to and including June 30, 2021, to file a response in this cause. Signed by District Judge R. Leon Jordan on 6/25/21. (c/m David L Houston 1172552 KNOX COUNTY DETENTION FACILITY 5001 MALONEYVILLE ROAD KNOXVILLE, TN 37918 ) (ADA)
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Filing 28
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Officer Kaeeler, Sgt Kidd, Officer Sparks. (Attachments: #1 Exhibit Inmate Grievance Procedure, #2 Exhibit Grievance Forms)(Havasy, Houston)
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Filing 27
MOTION for Extension of Time to File Answer by Sgt Kidd, Officer Sparks. (Havasy, Houston)
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Filing 26
Summons Returned Unexecuted as to Officer Kaeeler. (waiver executed) (ADA)
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Filing 25
NOTICE of Appearance by Houston Scott Havasy on behalf of Officer Kaeeler (Havasy, Houston)
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Filing 24
WAIVER OF SERVICE Returned Executed by Officer Kaeeler. Officer Kaeeler waiver sent on 4/26/2021. (Havasy, Houston)
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Filing 23
Summons Reissued as to Officer Kaeeler. (USM indicates there is no record of #11 ) (ADA)
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Filing 22
NOTICE of Appearance by Houston Scott Havasy on behalf of Sgt Kidd, Officer Sparks (Havasy, Houston)
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Filing 21
WAIVER OF SERVICE Returned Executed by Officer Sparks. Officer Sparks waiver sent on 4/5/2021. (Havasy, Houston)
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Filing 20
WAIVER OF SERVICE Returned Executed by Sgt Kidd. Sgt Kidd waiver sent on 4/5/2021. (Havasy, Houston)
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Filing 19
SEALED RESPONSE to #17 Order re service on Defendants Sergeant Kidd and Officer Sparks submitted by Knox County Law Director. (ADA)
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Filing 18
Letter from David Houston regarding identifying information for Officer Sparks. (ADA)
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Filing 17
ORDER, the Clerk is DIRECTED to send a copy of this order to Knox County Sheriff Tom Spangler, who is ORDERED to provide the Court with the full names, last known address, and/or any other information to which he has access that may help the U.S. Marshal to effectuate service on Defendants Sergeant Kidd and Officer Sparks This information should be filed under seal with the Court within fifteen (15) days after entry of this order. Signed by District Judge R. Leon Jordan on 3/4/21. (c/m David L Houston 1172552 KNOX COUNTY DETENTION FACILITY 5001 MALONEYVILLE ROAD KNOXVILLE, TN 37918 and Knox County Sheriff Tom Spangler) (ADA)
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Filing 16
EDUCATION ORDER as to pro se filers. Signed by District Judge R. Leon Jordan on 2/4/21. (c/m David L Houston #1172552 KNOX COUNTY DETENTION FACILITY 5001 MALONEYVILLE ROAD KNOXVILLE, TN 37918)(ADA)
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Filing 15
Letter from Michael Ramsey regarding excessive force as to David Houston. (ADA)
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Filing 14
Summons Returned Unexecuted as to Sgt Kidd. (need more info) (ADA)
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Filing 13
Summons Returned Unexecuted as to Officer Sparks. (need more info) (ADA)
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Filing 12
NOTICE of submission of summons as to Officer Keeler by David L Houston. (already issued, see #11 ) (ADA)
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Filing 11
Summons Issued as to Officer Kaeeler. (forwarded to USM) (ADA)
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Filing 10
ORDER. An unnamed individual has now submitted a letter on behalf of Plaintiff, in which the individual alleges that Plaintiff is illiterate and unable to complete and return the service packets without detailed instructions or the appointment of counsel #6 . The letter is signed by Plaintiff [Id.]. The Court considers the letter a motion for relief, and it #6 is GRANTED IN PART and DENIED IN PART, as set forth. Plaintiff's request for appointment of counsel is DENIED. The Court finds, however, that Plaintiff should be granted additional time within which to submit his service packets, and his motion for an extension of time is GRANTED. Plaintiff contends that he misidentified one of the Defendants, and that Officer Kaeeler is the intended Defendant for each mention of Officer Kuban in the complaint. This implied request for substitution is GRANTED, and the Clerk is DIRECTED to terminate Officer Kuban and add Officer Kaeeler as a Defendant. Signed by District Judge R. Leon Jordan on 1/15/21. (c/m David L Houston 1172552 KNOX COUNTY DETENTION FACILITY 5001 MALONEYVILLE ROAD KNOXVILLE, TN 37918)(ADA)
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Filing 9
Summons Issued as to Sgt Kidd and Officer Sparks. (forwarded to USM) (ADA)
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Filing 8
NOTICE of filing service packets as to Sgt Kidd and Officer Sparks by David L Houston. (a packet for unnamed dft Officer Keeler is included) (ADA)
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No summons received with service documents. Therefore, summons not issued as to Officer Kuban. (mailed blank forms to David Houston) (ADA)
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Filing 7
ORDER REASSIGNING CASE. District Judge Thomas A Varlan no longer assigned to case. Case reassigned to District Judge R Leon Jordan for all further proceedings. Signed by District Judge Travis R McDonough on 1/13/2021. (copy mailed to David Houston at Knox County Detention Facility) (KMK)
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Filing 6
MOTION for Extension of Time to File forms and for assistance in completing forms by David L Houston. (ADA)
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Filing 5
MEMORANDUM OPINION AND ORDER granting #4 Motion for Leave to Proceed in forma pauperis. Because Plaintiff is an inmate in the Knox County Detention Facility, he will be ASSESSED the civil filing fee of $350.00. The Clerk is hereby DIRECTED to send Plaintiff service packets (a blank summons and USM 285 form) for Defendants Kidd, Sparks, and Kuban. Plaintiff is ORDERED to complete the service packets and return them to the Clerks Office within twenty-one (21) days of entry of this memorandum and order. At that time, the summonses will be signed and sealed by the Clerk and forwarded to the U.S. Marshal for service pursuant to Fed. R. Civ. P. 4. All remaining claims and Defendants are DISMISSED. Signed by District Judge Thomas A Varlan on 12/30/20. (copy mailed to David L Houston along with service packets, 1172552 KNOX COUNTY DETENTION FACILITY 5001 MALONEYVILLE ROAD KNOXVILLE, TN 37918, copy mailed to custodian of inmate accounts at KCDF, copy mailed to TN Attorney General, copy forwarded to Court's Financial Deputy) (JBR)
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Filing 4
MOTION for Leave to Proceed in forma pauperis by David L Houston. (ADA)
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Filing 3
Notice Regarding Requirement to Notify Court of Change of Address. (ADA)
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Filing 2
NOTICE of Deficiency (IFP) - The Court is in receipt of your complaint/petition. However, in order for this matter to proceed, you must either pay the required filing fee or submit an application to proceed in forma pauperis. (ADA)
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Filing 1
COMPLAINT against Chief Bivens, Chief Bravo, Sharon Burnside, Sgt Clement, Cpt Cooper, Capt Cox, Dacus, Dock Supervisors, Officer Duncan, Lt Fritz, Cpl Harvey, Joshua Hedrick, Sgt Kidd, Knox Co. Sheriff Office, Knox County Commissary, Knox County Security, Officer Kuban, Cpl Macoy, Jail Officers, Lt Oldham, Sgt Oldham, Sgt Pemberton, Chief Purvis, Cpl Seals, Securis Phone System, Officer Sellers, Boyd Smith, J. Smith, Lt Smith, Lt Sparks, and Officer Sparks, filed by David L Houston.(ADA)
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