Gardner v. Kanawha County, West Virginia et al
| Jimmie C Gardner |
| John J. Frail, Kanawha County, West Virginia, Kanawha County Commission, Kanawha County Prosecuting Attorney, William C. Forbes, Reagan E. Whitmyer and Charleston Police Department |
| 2:2017cv03934 |
| September 6, 2017 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| XX US, Outside State |
| John T. Copenhaver |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
142
MEMORANDUM OPINION AND ORDER granting 100 MOTION by Kanawha County Commission, Kanawha County Prosecuting Attorney for Summary Judgment, and directing all remaining claims asserted against defendants Kanawha County Commission and Kanawha County Prosecuting Attorney are dismissed. Signed by Senior Judge John T. Copenhaver, Jr. on 12/10/2020. (cc: counsel of record; any unrepresented parties) (klc)
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Filing
126
MEMORANDUM OPINION AND ORDER denying Plaintiff's 109 MOTION for Reconsideration of the courts 10/21/2020 order denying his motion to reopen discovery; denying Plaintiff's Rule 56(d) request. Signed by Senior Judge John T. Copenhaver, Jr. on 11/18/2020. (cc: attys; any unrepresented party) (tmr)
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Filing
108
MEMORANDUM OPINION AND ORDER The 106 MOTION by Jimmie C Gardner for Clarification and/or Reopen Discovery is GRANTED insofar as it seeks clarification of the court's prior orders and DENIED insofar as it seeks to reopen discovery to conduct depositions. Signed by Senior Judge John T. Copenhaver, Jr. on 10/21/2020. (cc: counsel of record; any unrepresented parties) (kew)
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Filing
89
MEMORANDUM OPINION AND ORDER directing that the Kanawha County Prosecuting Attorney's 77 motion to dismiss based on Eleventh Amendment immunity is denied; the stay pending resolution of this motion is lifted. Signed by Senior Judge John T. Copenhaver, Jr. on 8/7/2020. (cc: counsel of record; any unrepresented parties) (kew)
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Filing
88
ORDER granting 71 Motion to Stay; directing that this action is stayed pending the further order of the court. Signed by Senior District Judge John T. Copenhaver, Jr. on 3/12/2020. (cc: counsel of record; any unrepresented parties) (kew)
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Filing
57
MEMORANDUM OPINION AND ORDER The 22 Motion by William C. Forbes to Dismiss 1 Complaint is granted; the 32 Motion by John J. Frail, Kanawha County Commission, Kanawha County Prosecuting Attorney, Kanawha County, West Virginia, Reagan E. Whitmye r to Dismiss 1 Complaint is granted to the extent set forth herein and is otherwise denied; Kanawha County, West Virginia is dismissed as being a duplicative party of the County Commission; Counts I-V against Forbes, Whitmyer, and Frail in their in dividual capacities are dismissed according to absolute prosecutorial immunity; Counts II, III, and V against the County Commission and the Prosecuting Attorney are dismissed according to the immunity provided by the Gov't Tort Reform Act; and Count IV against the County Commission and the Prosecuting Attorney are dismissed as time-barred. Signed by Judge John T. Copenhaver, Jr. on 8/28/2019. (cc: counsel of record; any unrepresented parties) (kew)
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