Case: Cooper v. Rimmer

5:04-cv-00436 | U.S. District Court for the Northern District of California

Filed Date: Feb. 2, 2004

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On February 2, 2004, a prisoner at the California State Prison at San Quentin filed a lawsuit under 42 U.S.C. Section 1983 against the California Department of Corrections in the U.S. District Court for the Northern District of California. The plaintiff, who was scheduled to be executed by lethal injection, asked the court to enjoin the defendants from carrying out the execution, arguing that the lethal injection procedure inflicts unnecessary pain and torture in violation of his Eighth Amendm…

On February 2, 2004, a prisoner at the California State Prison at San Quentin filed a lawsuit under 42 U.S.C. Section 1983 against the California Department of Corrections in the U.S. District Court for the Northern District of California. The plaintiff, who was scheduled to be executed by lethal injection, asked the court to enjoin the defendants from carrying out the execution, arguing that the lethal injection procedure inflicts unnecessary pain and torture in violation of his Eighth Amendment right to be free from cruel and unusual punishment.

On February 6, 2004, the U.S. District Court for the Northern District of California (Judge Jeremy Fogel) denied the plaintiff's request for an injunction, holding that the lawsuit had been brought for the sole purpose of unnecessarily delaying the execution. Cooper v. Rimmer, No. 04-436, 2004 WL 231325 (N.D.Cal. 2004). The plaintiff appealed.

On April 23, 2004, the defendants asked the District Court to dismiss the case because the plaintiff failed to exhaust his administrative remedies before bringing the lawsuit. On October 14, 2004, the District Court (Judge Fogel) granted the defendants' request and dismissed the case without prejudice.

On August 11, 2005, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court's judgment and closed the case. Our docket, which is accurate as of August 27, 2007, records no further activity in this case and labels it closed.

Summary Authors

Kristen Sagar (8/27/2007)

People


Documents in the Clearinghouse

Documents in this case

5:04-cv-00436

Docket (PACER)

Oct. 2, 2006

Oct. 2, 2006

Docket
15

5:04-cv-00436

Order Denying Motions for Temporary Restraining Order and Preliminary Injunction and for Expedited Discovery

Feb. 6, 2004

Feb. 6, 2004

Order/Opinion

2004 WL 231325

21

5:04-cv-00436

Motion to Dismiss

April 23, 2004

April 23, 2004

Pleading / Motion / Brief

Docket

Last updated March 26, 2025, 8:30 a.m.

ECF Number Date Description Link
1 Feb. 2, 2004

COMPLAINT for Equitable and Injunctive Relief against Richard Rimmer, Jeanne Woodford; fee paid; summons issued;. Filed by Kevin Cooper. (gm, COURT STAFF) (Filed on 2/2/2004). (Entered: 02/02/2004)

PACER
2 Feb. 2, 2004

ORDER Setting Hearing on Petitioner's Motion for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction; Motion Hearing set for 2/5/2004 04:00 PM;Signed by Judge Jeremy Fogel on 2/2/2004. (awb, COURT-STAFF) (Filed on 2/2/2004) (Entered: 02/02/2004)

PACER
3 Feb. 2, 2004

EX PARTE MOTION to Expedited Discovery; Memorandum in support of Motion filed by Kevin Cooper. (gm, COURT STAFF) (Filed on 2/2/2004) (Entered: 02/03/2004)

PACER
5 Feb. 2, 2004

Declaration of Dr. Mark Heath filed by Kevin Cooper. (gm, COURT STAFF) (Filed on 2/2/2004) (Entered: 02/03/2004)

PACER
6 Feb. 2, 2004

MOTION for Preliminary Injunction, MOTION for Order to Show Cause, MOTION for Temporary Restraining Order and Memorandum in support filed by Kevin Cooper. (gm, COURT STAFF) (Filed on 2/2/2004) (Entered: 02/03/2004)

PACER
7 Feb. 2, 2004

Declaration of John R. Grele in Support of Motion for TRO [6] filed by Kevin Cooper. (Related document(s)[6]) (gm, COURT STAFF) (Filed on 2/2/2004) (Entered: 02/03/2004)

PACER
Feb. 2, 2004

Received Order re [3] by Kevin Cooper. (gm, COURT STAFF) (Filed on 2/2/2004) (Entered: 02/03/2004)

PACER
Feb. 2, 2004

Received Order re [6] by Kevin Cooper. (gm, COURT STAFF) (Filed on 2/2/2004) (Entered: 02/03/2004)

PACER
Feb. 2, 2004

CASE DESIGNATED for Electronic Filing. (gm, COURT STAFF) (Filed on 2/2/2004) (Entered: 02/02/2004)

PACER
Feb. 2, 2004

Summons Issued as to Richard Rimmer, Jeanne Woodford. (gm, COURT STAFF) (Filed on 2/2/2004) (Entered: 02/03/2004)

PACER
8 Feb. 3, 2004

Memorandum in Opposition DEFENDANT'S OPPOSITION TO MOTION FOR TEMPORARY RESTRAINING ORDER PRELIMINARY INJUNCTION, AND ORDER TO SHOW CAUSE filed by Richard Rimmer. (Gillette, Dane) (Filed on 2/3/2004) (Entered: 02/03/2004)

PACER
9 Feb. 3, 2004

EXHIBITS EXHIBITS IN SUPPORT OF DEFENDANTS' OPPOSITION TO MOTIONFOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND ORDER TO SHOW CAUSE filed by Richard Rimmer. (Gillette, Dane) (Filed on 2/3/2004) (Entered: 02/03/2004)

PACER
10 Feb. 4, 2004

Reply to Opposition re [6] Motion for TRO filed by Kevin Cooper. (Alexander, David) (Filed on 2/4/2004) (Entered: 02/04/2004)

PACER
11 Feb. 4, 2004

Declaration of David T. Alexander in Support of 10 Motion for TRO filed by Kevin Cooper. (Related document(s)10) (Alexander, David) (Filed on 2/4/2004) (Entered: 02/04/2004)

PACER
12 Feb. 4, 2004

Reply to Opposition re [6] Motion for TRO filed by Kevin Cooper. (Alexander, David) (Filed on 2/4/2004) (Entered: 02/04/2004)

PACER
13 Feb. 4, 2004

Reply to Opposition Motion for TRO (Amended) filed by Kevin Cooper. (Alexander, David) (Filed on 2/4/2004) (Entered: 02/04/2004)

PACER
14 Feb. 5, 2004

Minute Entry: Motion for Temporary Restraining Order hearing held on 2/5/2004 before Judge Jeremy Fogel (Date Filed: 2/5/2004). Motion for Temporary Restraining Order is taken under submission. (Court Reporter Peter Torreano.) (dlm, COURT STAFF) (Date Filed: 2/5/2004) (Entered: 02/05/2004)

PACER
15 Feb. 6, 2004

ORDER DENYING MOTIONS FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND FOR EXPEDITED DISCOVERY by Judge Jeremy Fogel [3] (jfsec, COURT STAFF) (Filed on 2/6/2004) (Entered: 02/06/2004)

PACER
16 Feb. 6, 2004

TRANSCRIPT of Proceedings held on 2/5/2004 before Judge Jeremy Fogel. Court Reporter: Peter Torreano.. (gm, COURT STAFF) (Filed on 2/6/2004) (Entered: 02/06/2004)

PACER
Feb. 6, 2004

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals (gm, COURT STAFF) (Filed on 2/6/2004) (Entered: 02/09/2004)

PACER
Feb. 6, 2004

Mailed request for payment of docket fee to appellant (cc to USCA) (gm, COURT STAFF) (Filed on 2/6/2004) (Entered: 02/09/2004)

PACER
Feb. 9, 2004

USCA Appeal Fees received $ 255 receipt number 5509443 re [17] Notice of Appeal filed by Kevin Cooper (gm, COURT STAFF) (Filed on 2/9/2004) (Entered: 02/09/2004)

PACER
Feb. 9, 2004

Transmission of Amended Docket Sheet to US Court of Appeals re [17] Notice of Appeal (gm, COURT STAFF) (Filed on 2/9/2004) (Entered: 02/09/2004)

PACER
18 Feb. 23, 2004

STIPULATION re [1] Complaint TO EXTEND TIME FOR DEFENDANTS TO FILE RESPONSIVE PLEADING by Richard Rimmer, Jeanne Woodford. (Binsacca, Anya) (Filed on 2/23/2004) (Entered: 02/23/2004)

PACER
19 Feb. 25, 2004

SUMMONS Returned Executed by Kevin Cooper. Richard Rimmer served on 2/2/2004, answer due 2/23/2004; Jeanne Woodford served on 2/2/2004, answer due 2/23/2004. (Alexander, David) (Filed on 2/25/2004) (Entered: 02/25/2004)

PACER
20 April 23, 2004

NOTICE by Richard Rimmer, Jeanne Woodford Assignment of Counsel (Cattermole, Austin) (Filed on 4/23/2004) (Entered: 04/23/2004)

PACER
21 April 23, 2004

MOTION to Dismiss filed by Richard Rimmer, Jeanne Woodford. Motion Hearing set for 6/21/2004 09:00 AM. (Attachments: # 1)(Cattermole, Austin) (Filed on 4/23/2004) (Entered: 04/23/2004)

PACER
22 April 23, 2004

Declaration of N. Grannis in Support of 21 Defendants' Motion to Dismiss filed by Richard Rimmer, Jeanne Woodford. (Related document(s)21) (Cattermole, Austin) (Filed on 4/23/2004) (Entered: 04/23/2004)

PACER
23 April 23, 2004

Declaration of Austin Cattermole in Support of 21 Defendants' Motion to Dismiss filed by Richard Rimmer, Jeanne Woodford. (Related document(s)21) (Cattermole, Austin) (Filed on 4/23/2004) (Entered: 04/23/2004)

PACER
24 May 28, 2004

STIPULATION re 21 MOTION to Dismiss Plaintiff's Complaint (Proposed Order too) by Kevin Cooper. (Yuhas, George) (Filed on 5/28/2004) (Entered: 05/28/2004)

PACER
25 May 28, 2004

Declaration of Norman C. Hile in Support of 21, 24 Stipulation to Extend Time for Plaintiff to File Opposition to Defendants' Motion to Dismiss filed by Kevin Cooper. (Related document(s)21, 24) (Yuhas, George) (Filed on 5/28/2004) (Entered: 05/28/2004)

PACER
26 June 2, 2004

STIPULATION AND ORDER re DEFENDANT'S MOTION TO DISMISS. Signed by Judge Jeremy Fogel on 6/2/04. (jfsec, COURT STAFF) (Filed on 6/2/2004) (Entered: 06/02/2004)

PACER
27 July 7, 2004

Memorandum in Opposition re 21 MOTION to Dismiss filed by Kevin Cooper. (Yuhas, George) (Filed on 7/7/2004) (Entered: 07/07/2004)

PACER
29 July 30, 2004

NOTICE by Kevin Cooper of Change of Address & Telephone Number of Plaintiff's Attorneys (Yuhas, George) (Filed on 7/30/2004) (Entered: 07/30/2004)

PACER
30 Aug. 2, 2004

Minute Entry: Motion to Dismiss hearing held on 8/2/2004 before Judge Jeremy Fogel (Date Filed: 8/2/2004). Court directs counsel to submit letter briefs. Motion to dismiss deemed submitted as of 8/23/04. (Court Reporter Peter Torreano.) (dlm, COURT STAFF) (Date Filed: 8/2/2004) (Entered: 08/02/2004)

PACER
31 Aug. 16, 2004

Letter Brief re 21 Subject Matter Jurisdiction of District Court filed by Richard Rimmer, Jeanne Woodford. (Attachments: # 1)(Related document(s)21) (Cattermole, Austin) (Filed on 8/16/2004) (Entered: 08/16/2004)

PACER
32 Aug. 23, 2004

Letter from John Grele to Judge Fogel. (Yuhas, George) (Filed on 8/23/2004) (Entered: 08/23/2004)

PACER
33 Oct. 14, 2004

ORDER by Judge Jeremy Fogel granting 21 Motion to Dismiss without prejudice (gm, COURT STAFF) (Filed on 10/14/2004) (Entered: 10/15/2004)

PACER
34 Oct. 21, 2004

TRANSCRIPT of Proceedings held on 8/2/2004 before Judge Jeremy Fogel. Court Reporter: Peter Torreano.. (gm, COURT STAFF) (Filed on 10/21/2004) (Entered: 10/22/2004)

PACER
35 Dec. 20, 2004

ORDER RELATING CASE to C04 5381 JF. Judge Fogel to retain Case.. Signed by Judge Susan Illston on 12/20/04. (db, COURT STAFF) (Filed on 12/20/2004) (Entered: 12/21/2004)

PACER
36 Aug. 11, 2005

USCA JUDGMENT; Judgment of the District Court in this caSE is AFFIRMED as to [17] Notice of Appeal, filed by Kevin Cooper, (gm, COURT STAFF) (Filed on 8/11/2005) (Entered: 08/12/2005)

PACER
37 Aug. 12, 2005

MANDATE of USCA as to [17] Notice of Appeal, filed by Kevin Cooper, (gm, COURT STAFF) (Filed on 8/12/2005) (Entered: 08/12/2005)

PACER
Oct. 2, 2006

FILE located at Federal Records Center (FRC) San Bruno, CA. Accession No:021-06-0082; Location No: 746161; Box No: 64. (pmc, COURT STAFF) (Filed on 10/2/2006) (Entered: 10/02/2006)

PACER

Case Details

State / Territory:

California

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Feb. 2, 2004

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State prisoner seeking to prevent defendants from executing him pursuant to California's lethal injection protocol

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State

California Department of Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Northern District of California 5:04-cv-00436

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Death Penalty:

Lethal Injection - General

Recommended Citation