Young v. Lacy et al
Plaintiff: Larry Arnold Young
Defendant: T. A. Lacy, Perry Richman and Aaron Young
Case Number: 1:2017cv03633
Filed: July 25, 2017
Court: US District Court for the Southern District of West Virginia
Office: Bluefield Office
County: Mercer
Presiding Judge: Cheryl A. Eifert
Presiding Judge: David A. Faber
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Defendant

Available Case Documents

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Date Filed Document Text
February 16, 2022 Opinion or Order Filing 181 MEMORANDUM OPINION AND ORDER granting defendant T. A. Lacy's 180 MOTION for Entry of Order Dismissing Case with Prejudice and ordering that this case be DISMISSED with prejudice; further finding that by failing to comply with his part of the s ettlement agreement, plaintiff has willfully waived any claim to the settlement monies; denying without prejudice defendant's request for an award of fees and costs incurred as a result of plaintiff's failure to honor the settlement agreeme nt; defendant is free to file a separate motion for fees and costs associated with enforcing the settlement agreement. Signed by Senior Judge David A. Faber on 2/16/2022. (Attachment: # 1 Larry Arnold Young Certified Mail Receipt) (cc: plaintiff; counsel of record) (arb)
January 20, 2022 Opinion or Order Filing 177 MEMORANDUM OPINION AND ORDER denying without prejudice defendant's 176 MOTION to Deposit Settlement Funds with the Court for Distribution and to Dismiss with Prejudice; construing the motion as alternatively seeking specific performance of th e settlement agreement and for sanctions for the failure to do so. Plaintiff is ORDERED to sign the release that has been sent to him and to return it to defendant within 21 days. If plaintiff does not do so, the court will dismiss the case with prej udice upon defendant's motion. Should the court dismiss the case with prejudice, plaintiff will have no claim to the $500 in settlement funds. Signed by Senior Judge David A. Faber on 1/20/2022. (Attachment: # 1 Larry Arnold Young Certified Mail Receipt) (cc: plaintiff; counsel of record) (arb)
November 3, 2020 Opinion or Order Filing 162 MEMORANDUM OPINION AND ORDER denying 152 MOTION by Larry Arnold Young to Retain Case on Active Docket and granting 156 CROSS-MOTION by T. A. Lacy to Enforce Settlement. Plaintiff has the right to appeal this order. If he chooses to do so, he must file a notice of appeal within 30 days of the entry of this order. Signed by Senior Judge David A. Faber on 11/3/2020. (cc: counsel of record; any unrepresented party) (mk)
August 17, 2020 Opinion or Order Filing 144 MEMORANDUM OPINION AND ORDER denying Plaintiff's 126 Renewed MOTION for Special Prosecuting Attorney: Having reviewed plaintiff's filings, the court finds plaintiff to be capable of retaining counsel or presenting his claims. Signed by Senior Judge David A. Faber on 8/17/2020. (cc: counsel of record; any unrepresented party) (mk)
July 24, 2020 Opinion or Order Filing 138 MEMORANDUM OPINION AND ORDER adopting 128 Proposed Findings and Recommendation of Magistrate Judge as follows: Defendants' 120 Motion and 121 Amended Motion to Dismiss are GRANTED; Plaintiff's 115 Complaint in action No. 1:19-cv-001 86 is DISMISSED WITH PREJUDICE; The Clerk is directed to close Case No. 1:19-cv-00186 and remove it from the court's active docket, and permit plaintiff to proceed with the remaining claim pending in Case No. 1:17-cv-03633. Signed by Senior Judge David A. Faber on 7/24/2020. (cc: counsel of record and unrepresented parties) (mk)
April 6, 2020 Opinion or Order Filing 137 MEMORANDUM OPINION AND ORDER setting forth the reasons, as more fully set forth herein, for the rulings in the 136 Order entered on 3/31/2020 re: the granting in part and denying in part of plaintiff's 84 Motion in Limine, the denying of pla intiff's 86 Motion for Appointment of Counsel, 97 Renewed Motion for Appointment of Counsel, and 98 Motion for Summary Judgment; and the denying of defendant's 93 Motion for Summary Judgment, the granting of defendant's 99 Motion to Strike Affidavit, 108 Motion to Strike Plaintiff's Sur-Reply, 104 Omnibus Motion in Limine and 105 Motion in Limine. Signed by Senior Judge David A. Faber on 4/6/2020. (cc: counsel of record and any unrepresented parties) (arb)
September 28, 2018 Opinion or Order Filing 65 MEMORANDUM OPINION AND ORDER: The court OVERRULES plaintiff's objections and sustains defendants' objections to Magistrate Judge Cheryl A. Eifert's PF&R. The court ADOPTS the factual and legal analysis contained within the 57 PF&R ex cept as it relates to plaintiff's claim that he was unlawfully arrested. The court GRANTS defendants' 53 Amended Motion for Summary Judgment in favor of defendants as it relates to plaintiff's claim that he was unlawfully arrested, t hat the defendants used excessive force against plaintiff during the arrest, and that the defendants used excessive force against the plaintiff while a pretrial detainee. Neither party made objections to Magistrate Judge Eifert's PF&R as it rela tes to plaintiff's unlawful search claim. Therefore, plaintiff's unlawful search claim remains viable and the motion for summary judgment is DENIED as to that claim. Signed by Senior Judge David A. Faber on 9/28/2018. (cc: plaintiff, pro se and counsel of record) (arb)
December 5, 2017 Opinion or Order Filing 37 MEMORANDUM OPINION AND ORDER: adopting the factual and legal analysis contained within the 21 Proposed Findings and Recommendation; denying Plaintiff's 15 Motion for Temporary Restraining Order. Signed by Judge David A. Faber on 12/5/2017. (cc: counsel of record; plaintiff - pro se) (btm)
August 23, 2017 Opinion or Order Filing 20 MEMORANDUM OPINION AND ORDER: The court DENIES Plaintiff's 12 MOTION for the Appointment of Counsel, without prejudice to reconsideration of Plaintiff's request for counsel in the future; GRANTS Plaintiff's 13 MOTION to Supplement, but DENIES the 13 MOTION to Amend. Signed by Magistrate Judge Cheryl A. Eifert on 8/23/2017. (cc: Plaintiff, counsel of record and any unrepresented party) (arb)
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Plaintiff: Larry Arnold Young
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Defendant: T. A. Lacy
Represented By: Wendy E. Greve
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Defendant: Perry Richman
Represented By: Wendy E. Greve
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Defendant: Aaron Young
Represented By: Wendy E. Greve
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