Murray v. Rubenstein et al
Plaintiff: Garland Murray, Kira Hairston, Tara Terry, Kanisha Farmer and B. Booker
Defendant: Captain Matheny, David Ballard, Jim Rubenstein, Medical and Gary Hinte
Case Number: 2:2013cv15798
Filed: March 17, 2014
Court: US District Court for the Southern District of West Virginia
Office: Charleston Office
County: Fayette
Presiding Judge: Joseph R. Goodwin
Presiding Judge: Dwane L. Tinsley
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Both

Available Case Documents

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

Date Filed Document Text
November 29, 2017 Opinion or Order Filing 307 MEMORANDUM OPINION AND ORDER denying defendants' 302 MOTION in Limine to Exclude Testimony from Plaintiff Regarding his Exhaustion of Administrative Remedies Prior to the Filing of the Instant Action; the court ORDERS that the defendant s brief the court on their affirmative defense that the plaintiff failed to exhaust his administrative remedies as required by the PLRA and WVPLRA; the defendants' brief due by 12/15/2017; the plaintiff may file a response by 12/29/2017; t he defendants may file a reply by 1/5/2018; if, after reviewing the briefing and exhibits the court determines that a hearing is necessary, then the court will schedule a hearing. Signed by Judge Joseph R. Goodwin on 11/29/2017. (cc: counsel of record; any unrepresented party) (taq)
October 26, 2017 Opinion or Order Filing 301 MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendants' 218 MOTION for Summary Judgment; as to Count One, summary judgment is GRANTED in favor of defendants Caudill, Rubenstein, and Ballard, but DENIED as to defendant Matheny; as to Count Two, the defendants' motion for summary judgment is GRANTED as to the plaintiff's request for monetary damages, but is otherwise DENIED; as to Count Three, the defendants' request for summary judgment is DENIED. Signed by Judge Joseph R. Goodwin on 10/26/2017. (cc: counsel of record; any unrepresented party) (taq)
October 18, 2017 Opinion or Order Filing 300 MEMORANDUM OPINION AND ORDER granting Defendant Corporal Paul Donelson's 222 MOTION for Summary Judgment. Signed by Judge Joseph R. Goodwin on 10/18/2017. (cc: counsel of record; any unrepresented party) (taq)
October 17, 2017 Opinion or Order Filing 299 MEMORANDUM OPINION AND ORDER granting Defendant Sandra May's 215 MOTION for Summary Judgment. Signed by Judge Joseph R. Goodwin on 10/17/2017. (cc: counsel of record; any unrepresented party) (taq)
December 5, 2016 Opinion or Order Filing 156 MEMORANDUM OPINION & ORDER denying plaintiff's 141 MOTION for Emergency Relief. Signed by Judge Joseph R. Goodwin on 12/5/2016. (cc: counsel of record; any unrepresented party) (taq)
July 20, 2015 Opinion or Order Filing 81 MEMORANDUM OPINION AND ORDER (Initial Screening; Motion for Hearing) accepting and incorporating the 59 Proposed Findings and Recommendation; the court dismisses (1) the plaintiff's claims against all of the defendants in their official ca pacities; (2) the plaintiff's claims alleging the denial of his rights to due process and equal protection; (3) the plaintiff's claims related to the denial of visitation; (4) the plaintiff's retaliation claim; (5) the plaintiff' ;s claims alleging a violation of the Fourth Amendment; and (6) the plaintiff's claims of supervisory liability against defendants Ballard and Rubenstein; the court also DISMISSES defendants, Gary Hinte, Sgt. Young, Josh Ward, Jason Collins, David Ballard, and Jim Rubenstein; denying without prejudice the plaintiff's 35 Motion for Hearing; directing that this matter remain referred to the Magistrate Judge for additional proceedings concerning the plaintiff's Eighth Amendment claims against defendants Matheny, Frame, Dixon, Caudill, Hypes, Donaldson, May, and John Doe defendants, to the extent they are identified; substituting Curtis Dixon for defendant Dickerson in the 34 Amended Complaint. Signed by Judge Joseph R. Goodwin on 7/20/2015. (cc: plaintiff, pro se; counsel of record; any unrepresented party) (taq)
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Plaintiff: Garland Murray
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Plaintiff: Kira Hairston
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Plaintiff: Tara Terry
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Plaintiff: Kanisha Farmer
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Plaintiff: B. Booker
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Defendant: Captain Matheny
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Defendant: David Ballard
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Defendant: Jim Rubenstein
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Defendant: Medical
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Defendant: Gary Hinte
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