Brewer v. Buford #495
Plaintiff: Danny Lee Brewer
Defendant: K. Buford #495
Case Number: 3:2011cv00074
Filed: January 26, 2011
Court: US District Court for the Middle District of Tennessee
Office: Nashville Office
County: Rutherford
Presiding Judge: Joe Brown
Presiding Judge: Todd J. Campbell
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Defendant

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
April 20, 2012 Opinion or Order Filing 129 ORDER: Pending before the Court is a Report and Recommendation of the Magistrate Judge (Docket No. 120 ), to which no Objections have been filed. The Court has reviewed the Report and Recommendation and the file. The Report and Recommendation is ado pted and approved. Accordingly, Plaintiff's Motion for a Jury Trial (Docket No. 118 ) is GRANTED. This matter is set for a jury trial on Plaintiff's claim for nominal damages on Tuesday, March 26, 2013, beginning at 9:00 a.m. Plaintiff and counsel for the Defendant shall appear for a Pretrial Conference in this Court on Monday, March 18, 2013, at 9:00 a.m. All lawyers who will participate in the trial must attend the pretrial conference. (SEE ORDER FOR OTHER DEADLINES) Signed by Chief Judge Todd J. Campbell on 4/20/2012. (xc:Pro se party by regular and certified mail.)(hb)
January 20, 2012 Opinion or Order Filing 107 ORDER: The Report and Recommendation 104 is adopted and approved. Accordingly, Defendants' Motion for Summary Judgment 98 is GRANTED in part and DENIED in part. Plaintiff's claims for mental and emotional damages are DISMISSED. The remaining claim is for nominal damages only. Signed by Chief Judge Todd J. Campbell on 1/20/12. (xc:Pro se party by regular and certified mail.)(dt)
December 29, 2011 Opinion or Order Filing 104 REPORT AND RECOMMENDATION: The Magistrate Judge recommends that defts' 98 Motion for Summary Judgment be GRANTED in part and DENIED in part; GRANTED to the extent that all claims be barred except claims for nominal damages. Signed by Magistrate Judge Joe Brown on 12/29/11. (xc:Pro se party by regular and certified mail.)(rd)
August 17, 2011 Opinion or Order Filing 84 ORDER: Motion to attend a federal court hearing scheduled for 6/21/2011 74 is Terminated as MOOT. The motion for sanctions 78 is Denied. Motion to subpoena witnesses 75 is Denied. Motion to Answer Deposition 81 is Terminated as MOOT. Motion t o ascertain status of case 82 is Granted. This case is in the discovery stage and is governed by the scheduling order previously entered by the Magistrate Judge 45 . In case the Plaintiff no longer has this order, the Clerk is directed to send a copy to the Plaintiff. Signed by Magistrate Judge Joe Brown on 8/17/11. (xc:Pro se party by regular and certified mail.)(dt)
June 15, 2011 Opinion or Order Filing 71 ORDER: The clerk is directed to terminate defendants motion to compel 43 as Moot. Consequently, the hearing set for 6/21/2011 at 10:00 a.m. is HEREBY CANCELED and the Clerk is directed to send a copy of this order to the Sheriff, Rutherford County Adult Detention Center, 940 New Salem Highway, Murfreesboro, TN 37129 so that Mr. Matheny will not be produced for the hearing. Defendants are granted permission to continue the deposition of Mr. Matheny with Mr. Brewer available by telephone. The s econd part of the motion asking the Court to enjoin Plaintiff from contacting Mr. Matheny will be decided after the response time has run to give Mr. Brewer an opportunity to respond. Signed by Magistrate Judge Joe Brown on 6/15/11. (xc:Pro se party by regular and certified mail.)(dt)
June 6, 2011 Opinion or Order Filing 54 ORDER: The Magistrate Judge has received two letters from the Plaintiff 49 and 50 . The Plaintiff should put the pleadings that he filed with the Court in the proper format, as shown on this order. The Plaintiff should also place his certificate o f service at the end of any of his pleadings stating that he has sent a copy to Defendant's counsel. The request for trial witnesses is premature since this case is not presently set for a trial, although the Magistrate Judge recommended a trial date on or after 3/21/2012 44 . If the Plaintiff will use the proper caption and file motions rather than letters things will proceed more smoothly. Signed by Magistrate Judge Joe Brown on 6/6/11. (xc:Pro se party by regular and certified mail.)(dt)
June 3, 2011 Opinion or Order Filing 51 CORRECTED ORDER: By order entered 5/25/2011 a hearing was set for Tuesday, 6/21/2011 at 11:00 a.m. 47 . However, the correct time for the hearing should be 10:00 a.m. By contemporaneously entered order, 48 the Court issued an Order to Produce inmate Duane Matheny, Inmate, Rutherford County Adult Detention Center, which had the correct time of 10:00 a.m. Signed by Magistrate Judge Joe Brown on 6/3/11. (xc:Pro se party by regular and certified mail.)(dt)
May 25, 2011 Opinion or Order Filing 48 ORDER TO PRODUCE: A hearing is set for 10:00 a.m. on 6/21/2011. The Sheriff of the institution, RUTHERFORD COUNTY ADULT DETENTION CENTER, 940 NEW SALEM HIGHWAY, MURFREESBORO, TN 37129 where inmate Duane Matheny is presently confined, produce and deli ver inmate Duane Matheny, to this hearing no later than 9:45 a.m., on Tuesday, 6/21/2011, to Courtroom No. 783, U.S. Courthouse, 801 Broadway, Nashville, before the Magistrate Judge. This Order to Produce shall be in effect for any subsequent days that the hearing may continue. Signed by Magistrate Judge Joe Brown on 5/25/11. (xc:Pro se party by regular and certified mail.)(dt)
May 20, 2011 Opinion or Order Filing 45 CASE MANAGEMENT ORDER: Discovery due by 9/17/2011. Dispositive Motions due by 10/18/2011. Signed by Magistrate Judge Joe Brown on 5/20/11. (xc:Pro se party by regular and certified mail.)(dt)
May 9, 2011 Opinion or Order Filing 39 ORDER: The Court has received two letters from the Plaintiff, dated 5/4/2011 37 . The case is set for a case management conference on 5/16/2011 29 . In the letter 37 the Plaintiff indicates that he may be moved to a state facility. Counsel for th e Defendant is requested to check on this and advise the Court promptly if the Defendant is moved prior to the May 16th hearing. The second page of the letter, which was addressed to Judge Campbell, appears to be more in the nature of a request to b ar testimony by anyone who was not present at the time of the alleged incident. To the extent this is intended as a motion in limine to prevent testimony of an Inmate Matheny, it is DENIED as premature. The case is in the discovery stage. Signed by Magistrate Judge Joe Brown on 5/9/11. (xc:Pro se party by regular and certified mail.)(dt)
May 2, 2011 Opinion or Order Filing 29 ORDER: Case Management Conference is set for 5/16/2011 at 2:30 p.m. The State of Tennessee and/or the Tennessee Department of Corrections and/or the Warden and/or the Sheriff of the institution (believed to be Rutherford County Adult Detention Cente r, 940 New Salem Hwy, Murfreesboro, TN 37130 at the date of entry of this Order) where plaintiff Danny Lee Brewer is presently confined, produce and deliver plaintiff Danny Lee Brewer, to this hearing no later than 2:15 p.m., on Monday, 5/16/2011, to Courtroom No. 783, U.S. Courthouse, 801 Broadway, Nashville, before the Magistrate Judge. This Order to Produce shall be in effect for any subsequent days that the hearing may continue. Signed by Magistrate Judge Joe Brown on 5/2/11. (xc:Pro se party by regular and certified mail.)(dt)
April 29, 2011 Opinion or Order Filing 27 ORDER: Rule 16 Hearing is set for 5/16/2011 at 02:30 PM before Magistrate Judge Joe Brown. The counsel for the Defendant will prepare a draft scheduling order and mail it to the Plaintiff five days prior to the conference. Changes will be made as needed at the conference. In the interim both parties may proceed with discovery. Signed by Magistrate Judge Joe Brown on 4/29/11. (xc:Pro se party by regular and certified mail.)(dt)
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Defendant: K. Buford #495
Represented By: Edward Evan Cope
Represented By: Thomas Stephen Santel, Jr.
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Plaintiff: Danny Lee Brewer
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