Sturgeon v. City Manager Robert Herron et al
Plaintiff: Mervin B. Sturgeon
Defendant: The Wheeling Police Department, The City of Wheeling, The West Virginia Division of Highways, City Manager Robert Herron and The State Of West Virginia
Case Number: 5:2020cv00192
Filed: September 2, 2020
Court: US District Court for the Northern District of West Virginia
Presiding Judge: John Preston Bailey
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 27, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 27, 2020 Filing 12 STATUS REPORT by Mervin B. Sturgeon. (Cogan, Timothy)
October 23, 2020 Filing 11 Case Status Update ANSWER to #1 Complaint, by City Manager Robert Herron.(Humway-Warmuth, Rosemary)
October 13, 2020 Opinion or Order Filing 10 ORDER granting #6 Motion. The plaintiff is directed to refile the reply as an independent document. This Court DIRECTS the parties to update this Court on the status of the instant case due to the fact that the encampments have been removed. Signed by District Judge John Preston Bailey on 10/13/20. (lmm)
September 16, 2020 Opinion or Order Filing 9 ORDER GRANTING IN PART AND DENYING IN PART EMERGENCY #2 MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. It is hereby ORDERED that the Wheeling Police Department is DISMISSED from this action and that The State of West Virginia be substituted as a defendant in the place and stead of the West Virginia Division of Highways. The State Of West Virginia added. The West Virginia Division of Highways (an agency of the West Virginia Department of Transportation) and The Wheeling Police Department terminated. Signed by District Judge John Preston Bailey on 9/16/20. (lmm)
September 15, 2020 Filing 8 Clerk's Witness and Exhibit List: (Attachments: #1 Plaintiff's #1 NOTICE, #2 Plaintiff's #2 MEMO, #3 Plaintiff's #3 LETTER)(bjt)
September 15, 2020 Filing 7 MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Motion Hearing was held before District Judge John Preston Bailey on 9/15/2020 Re: #2 MOTION for Preliminary Injunction filed by Mervin B. Sturgeon. (Court Reporter Cindy Knecht.) (bjt)
September 14, 2020 Filing 6 MOTION for Leave to File Reply by Mervin B. Sturgeon. (Attachments: #1 Attachment Reply to Defendant's Response)(Stark, Loree)
September 11, 2020 Filing 5 RESPONSE in Opposition re #2 MOTION for Preliminary Injunction filed by City Manager Robert Herron, The City of Wheeling, The Wheeling Police Department. (Attachments: #1 Exhibit Affidavit/PD records)(Humway-Warmuth, Rosemary)
September 3, 2020 Opinion or Order Filing 4 ORDER DENYING IN PART #2 EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. Motion Hearing re #2 Emergency Motion set for 9/15/2020 10:00 AM in Wheeling District Judge Courtroom, North before District Judge John Preston Bailey. Defendants are to file its Memorandum in Opposition to plaintiff's Emergency Motion for a Temporary Restraining Order and Preliminary Injunction by September 9, 2020. Signed by District Judge John Preston Bailey on 9/3/20. (lmm)
September 2, 2020 Filing 2 EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION by Mervin B. Sturgeon. (Attachments: #1 Memorandum)(lmm)
September 2, 2020 Filing 1 PLAINTIFF'S VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FOR CONSTITUTIONAL VIOLATIONS against All Defendants, filed by Mervin B. Sturgeon. Filing Fee $400. Receipt #0424-3109000. (Attachments: #1 Exhibit A - Declaration of Roberta Sheets, #2 Exhibit B - Notice re Homeless Encampment, #3 Exhibit C - Letter from ACLU-WV to City Manager, #4 Exhibit D - Response from City Solicitor to ACLU-WV, #5 Civil Cover Sheet)(lmm)

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Defendant: The Wheeling Police Department
Represented By: Rosemary Humway-Warmuth
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Defendant: The City of Wheeling
Represented By: Rosemary Humway-Warmuth
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Defendant: The West Virginia Division of Highways
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Defendant: City Manager Robert Herron
Represented By: Rosemary Humway-Warmuth
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Defendant: The State Of West Virginia
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Plaintiff: Mervin B. Sturgeon
Represented By: Patrick S. Cassidy
Represented By: Loree B. Stark
Represented By: Timothy F. Cogan
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