Case: Smith & Rudd v. Norris

5:93-cv-00732 | U.S. District Court for the Eastern District of Arkansas

Filed Date: Dec. 6, 1993

Closed Date: July 28, 1997

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Case Summary

This lawsuit was the result of a stabbing incident at the Cummins Unit of the Arkansas Department of Corrections. An inmate stabbed two other inmates with a hobby knife. Ernest Smith was injured in the attack and John Stewart died as a result. Smith filed a lawsuit on December 6, 1993 in the United States District Court for the Eastern District of Arkansas against the Arkansas Department of Corrections under 42 U.S.C. § 1983 seeking damages for his injuries. He claimed that the prison conditions at the time, including officials' failure to protect him, violated his Eighth Amendment right to be free from cruel and unusual punishment in the form of an attack from a fellow inmate. Smith also sought injunctive relief to remedy the current conditions of confinement. Stewart's estate also filed a lawsuit on December 6, 1993, making the same claims. The district court determined that Smith lacked standing to seek injunctive relief concerning the current prison conditions because he had been transferred from the facility but allowed him to add a co-plaintiff, Jimmy Rudd.

In Smith's case, on February 23, 1995, the court (Judge G. Thomas Eisele) granted Rudd's request for declaratory relief, requiring defendants to station two correctional officers inside the open barracks and to document and record all entries and exits of prison personnel into or out of the open barracks. Smith v. Norris, 877 F.Supp. 1296 (E.D. Ark. 1995). The court also determined that defendants were not entitled to qualified immunity regarding Smith's claims for damages and granted Smith partial summary judgment regarding his injuries. The court did not grant injunctive relief regarding the prison's policy of allowing inmates to possess dangerous tools because the prison had already changed the policy. On February 27, 1995, Judge Eisele denied defendants' motion to stay the judgment pending their appeal.

In the Stewart case, the court determined that the issues were exactly the same as in the Smith/Rudd case. An order by Judge Henry Woods on December 19, 1996 consolidated the two cases.

The Eight Circuit Court of Appeals (Judge David Hansen) affirmed the grant of injunctive relief to Rudd. Smith v. Arkansas Dept. of Correction, 103 F.3d 637 (8th Cir. 1996). The Court of Appeals found that the district court erred in granting summary judgment to Smith because there were disputed facts regarding whether the prison was complying with safety standards set by a previous case. (Finney v. Mabry, 546 F.Supp. 628 (E.D. Ark. 1982). (PC-AR-003) The court affirmed the denial of qualified immunity in both cases and reversed the grant of summary judgment. The case was remanded for a trial on the merits. The parties entered into a settlement and on July 28, 1997, Judge Eisele dismissed the case.

Summary Authors

Angela Heverling (3/20/2006)

People

Judge(s)

Eisele, Garnett Thomas (Arkansas)

Hansen, David Rasmussen (Iowa)

Attorney for Plaintiff

Crisp, Hugh E. (Arkansas)

James, Paul Joseph (Arkansas)

Attorney for Defendant

Eberhard, David B. (Arkansas)

Judge(s)

Eisele, Garnett Thomas (Arkansas)

Hansen, David Rasmussen (Iowa)

Attorney for Plaintiff

Crisp, Hugh E. (Arkansas)

James, Paul Joseph (Arkansas)

Attorney for Defendant

Eberhard, David B. (Arkansas)

Wilson, Kyle R. (Arkansas)

Woods, Grant (Arizona)

Documents in the Clearinghouse

Documents in this case

5:93-cv-00732	Docket (PACER) Smith v. Arkansas DOC	July 28, 1997	July 28, 1997 Docket
5:93-cv-00731	Docket (PACER) Smith v. Arkansas DOC	July 28, 1997	July 28, 1997 Docket
107 5:93-cv-00731	Memorandum Opinion	Feb. 23, 1995	Feb. 23, 1995 Order/Opinion 877 F.Supp. 1296
108 5:93-cv-00731	Partial Summary Judgment	Feb. 23, 1995	Feb. 23, 1995 Order/Opinion
109 5:93-cv-00731	Declaratory Judgment & Injunction	Feb. 23, 1995	Feb. 23, 1995 Order/Opinion
113 5:93-cv-00731	Order	Feb. 27, 1995	Feb. 27, 1995 Order/Opinion
95-01565 95-02744	Reported Opinion Smith v. Arkansas DOC U.S. Court of Appeals for the Eighth Circuit	Dec. 18, 1996	Dec. 18, 1996 Order/Opinion 103 F.3d 637

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Docket

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

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ECF Number	Date	Description	Link
1	Dec. 6, 1993	COMPLAINT with JURY DEMAND (Summons(es) issued) and returned to: attorney for service (former empl) (Entered: 12/06/1993)	PACER
2	Dec. 10, 1993	RETURN OF SERVICE executed upon defendant James Banks on 12/8/93 (former empl) (Entered: 12/10/1993)	PACER
3	Dec. 10, 1993	RETURN OF SERVICE executed upon defendant John Hood on 12/8/93 (former empl) (Entered: 12/10/1993)	PACER
4	Dec. 10, 1993	RETURN OF SERVICE executed upon defendant J Cleveland on 12/8/93 (former empl) (Entered: 12/10/1993)	PACER
5	Dec. 10, 1993	RETURN OF SERVICE executed upon defendant R R Wood on 12/8/93 (former empl) (Entered: 12/10/1993)	PACER
6	Dec. 10, 1993	RETURN OF SERVICE executed upon defendant A J Hall on 12/8/93 (former empl) (Entered: 12/10/1993)	PACER
7	Dec. 10, 1993	RETURN OF SERVICE executed upon defendant Willis H Sargent on 12/8/93 (former empl) (Entered: 12/10/1993)	PACER
8	Dec. 10, 1993	RETURN OF SERVICE executed upon defendant Larry Norris on 12/8/93 (former empl) (Entered: 12/10/1993)	PACER
9	Dec. 28, 1993	ANSWER by defendants Arkansas Corr Dept, A L Lockhart, Larry Norris, Willis H Sargent, A J Hall, R R Wood, J Cleveland, John Hood, James Banks (jap) (Entered: 12/30/1993)	PACER
10	Jan. 14, 1994	WAIVER OF SERVICE OF SUMMONS upon defendant A L Lockhart on 12/8/93 (former empl) (Entered: 01/14/1994)	PACER
11	March 21, 1994	Answers by defendant John Hood to first set of interrogatories (former empl) Modified on 03/22/1994 (Entered: 03/22/1994)	PACER
12	March 21, 1994	Answers by defendant J Cleveland to first set of interrogatories (former empl) Modified on 03/22/1994 (Entered: 03/22/1994)	PACER
13	March 21, 1994	Answers by defendant R R Wood to first set of interrogatories (former empl) (Entered: 03/22/1994)	PACER
14	March 21, 1994	Answers by defendant James Banks to first set of interrogatories (former empl) (Entered: 03/22/1994)	PACER
15	March 21, 1994	Answers by defendant A J Hall to first set of interrogatories (former empl) (Entered: 03/22/1994)	PACER
16	March 21, 1994	Answers by defendant Willis H Sargent to first set of interrogatories (former empl) (Entered: 03/22/1994)	PACER
17	May 9, 1994	SCHEDULING ORDER: (DOCmh); jury trial set for 9:00 1/9/95; discovery due 11/14/94; status report due 11/14/94; pretrial info sheet due 12/19/95 EOD 5/9/94 (cc: all counsel) (former empl) (Entered: 05/09/1994)	PACER
18	May 19, 1994	MOTION by defendant Arkansas Corr Dept for summary judgment , or in the alternative to dismiss (former empl) (Entered: 05/20/1994)	PACER
19	May 19, 1994	BRIEF by defendant Arkansas Corr Dept in support of motion for summary judgment or in the alternative to dismiss [18-1] [18-2] (former empl) (Entered: 05/20/1994)	PACER
20	May 19, 1994	STATEMENT OF FACTS (Rule 29) by defendant Arkansas Corr Dept in support of motion for summary judgment or in the alternative to dismiss [18-1] [18-2] (former empl) (Entered: 05/20/1994)	PACER
21	May 19, 1994	MOTION by plaintiff to compel defendants to respond to requests for production (jap) (Entered: 05/20/1994)	PACER
22	May 19, 1994	BRIEF by plaintiff in support of motion to compel defendants to respond to requests for production [21-1] (jap) (Entered: 05/20/1994)	PACER
23	June 3, 1994	RESPONSE by defts to pltf's motion to compel [21-1] (vjt) Modified on 04/11/1995 (Entered: 06/06/1994)	PACER
24	June 8, 1994	REPLY by plaintiff to response to motion to compel defendants to respond to requests for production [21-1] (former empl) (Entered: 06/09/1994)	PACER
25	June 8, 1994	MEMORANDUM BRIEF by plaintiff in support of motion reply [24-1] (former empl) (Entered: 06/09/1994)	PACER
26	June 13, 1994	RESPONSE by defendant Arkansas Corr Dept to plaintiff's 1st set of interrogs & requests for production (former empl) (Entered: 06/15/1994)	PACER
27	July 5, 1994	ORDER by Judge G. T. Eisele for plaintiff to respond to defendants' motion for summary judgment or to dismiss 10 days from the date that the plaintiff obtains the discovery materials that he seeks. EOD 7/5/94 (cc: all counsel) (former empl) (Entered: 07/05/1994)	PACER
28	July 14, 1994	CLERK'S MINUTES: HEARING before Judge G. Thomas Eisele on motion to compel. (mah) (Entered: 07/14/1994)	PACER
29	July 18, 1994	ORDER by Judge G. T. Eisele dismissing as moot in part & granting in part plaintiff's motion to compel defendants to respond to requests for production [21-1] all counsel) (former empl) (Entered: 07/19/1994)	PACER
30	July 25, 1994	RESPONSE by plaintiff to motion for summary judgment [18-1] (former empl) (Entered: 07/26/1994)	PACER
31	July 25, 1994	MEMORANDUM BRIEF by plaintiff in support of motion response [30- 1] (former empl) (Entered: 07/26/1994)	PACER
32	Aug. 12, 1994	NOTICE by plaintiff Ernest Smith of taking depo of A. L. Lockhart on 08/22/94 (former empl) (Entered: 08/16/1994)	PACER
33	Aug. 12, 1994	NOTICE by plaintiff Ernest Smith of taking depo of Larry Norris on 08/22/94 (former empl) (Entered: 08/16/1994)	PACER
34	Aug. 12, 1994	NOTICE by plaintiff Ernest Smith of taking depo of M. D. Reed on 08/22/94 (former empl) (Entered: 08/16/1994)	PACER
35	Aug. 12, 1994	NOTICE by plaintiff Ernest Smith of taking depo of Willis H. Sargent on 08/22/94 (former empl) (Entered: 08/16/1994)	PACER
36	Oct. 14, 1994	MOTION by plaintiff for partial summary judgment regarding inadequate supervision and hobby craft policy (bfw) (Entered: 10/17/1994)	PACER
37	Oct. 14, 1994	MEMORANDUM by plaintiff in support of motion for partial summary judgment regarding inadequate supervision and hobby craft policy [36-1] (bfw) (Entered: 10/17/1994)	PACER
38	Oct. 14, 1994	STATEMENT OF Undisputed FACTS by plaintiff in support of motion for partial summary judgment regarding inadequate supervision and hobby craft policy [36-1] (bfw) (Entered: 10/17/1994)	PACER
39	Oct. 14, 1994	MOTION by plaintiff for hearing for declaratory and injunctive relief (bfw) (Entered: 10/17/1994)	PACER
40	Oct. 14, 1994	MOTION by plaintiff to amend complaint to join additional defendants (bfw) (Entered: 10/17/1994)	PACER
41	Oct. 14, 1994	Exhibits (Volume 1) by plaintiff re motion for partial summary judgment regarding inadequate supervision and hobby craft policy [36-1] (bfw) (Entered: 10/17/1994)	PACER
42	Oct. 14, 1994	Exhibits (Volume 2) filed by plaintiff re motion for partial summary judgment regarding inadequate supervision and hobby craft policy [36-1] (bfw) (Entered: 10/17/1994)	PACER
43	Oct. 21, 1994	MOTION by defendants Willis H Sargent, Larry Norris and A L Lockhart to extend time for responding to motion for partial summary judgment (former empl) (Entered: 10/24/1994)	PACER
44	Oct. 24, 1994	ORDER by Judge G. T. Eisele granting motion to extend time until 11/03/94 for responding to motion for partial summary judgment [43-1] [36-1] (cc: all counsel) (former empl) (Entered: 10/25/1994)	PACER
45	Nov. 3, 1994	RESPONSE by defendants Willis H Sargent, Larry Norris, A L Lockhart to motion for partial summary judgment regarding inadequate supervision and hobby craft policy [36-1] (former empl) (Entered: 11/04/1994)	PACER
46	Nov. 3, 1994	STATEMENT OF FACTS (Rule 29) by defendants Willis H Sargent, Larry Norris and A L Lockhart in support of motion response [45-1] (former empl) (Entered: 11/04/1994)	PACER
47	Nov. 14, 1994	WRITTEN STATUS REPORT by plaintiff Ernest Smith (former empl) (Entered: 11/14/1994)	PACER
48	Nov. 14, 1994	MOTION by plaintiff Ernest Smith to extend time for filing a reply to response to motion for summary judgment (former empl) (Entered: 11/14/1994)	PACER
49	Nov. 15, 1994	ORDER by Judge G. T. Eisele granting motion to extend time until 11/22/94 for filing a reply to response to motion for summary judgment [48-1] (cc: all counsel) (former empl) (Entered: 11/16/1994)	PACER
50	Nov. 22, 1994	REPLY by plaintiff to response to motion for partial summary judgment [36-1] (jap) (Entered: 11/23/1994)	PACER
51	Nov. 22, 1994	MEMORANDUM Brief by plaintiff in support of reply to defendants response to plaintiff's motion for partial summary judgment [50-1] (jap) (Entered: 11/23/1994)	PACER
52	Nov. 28, 1994	MOTION by defendants James Banks, J Cleveland, R R Wood, A J Hall, Willis H Sargent, Larry Norris, A L Lockhart and Arkansas Corr Dept for summary judgment (former empl) (Entered: 12/01/1994)	PACER
53	Nov. 28, 1994	BRIEF by defendants James Banks, J Cleveland, R R Wood, A J Hall, Willis H Sargent, Larry Norris, A L Lockhart & Arkansas Corr Dept in support of motion for summary judgment [52-1] (former empl) (Entered: 12/01/1994)	PACER
54	Nov. 28, 1994	STATEMENT OF FACTS (Rule 29) by defendants James Banks, J Cleveland, R R Wood, A J Hall, Willis H Sargent, Larry Norris, A L Lockhart and Arkansas Corr Dept in support of motion for summary judgment [52-1] (former empl) (Entered: 12/01/1994)	PACER
55	Nov. 29, 1994	NOTICE by plaintiff Ernest Smith of taking depo of J. Cleveland on 12/15/94 (former empl) Modified on 12/01/1994 (Entered: 12/01/1994)	PACER
56	Nov. 29, 1994	NOTICE by plaintiff Ernest Smith of taking depo of W. D. Reed on 12/15/94 (former empl) (Entered: 12/01/1994)	PACER
57	Dec. 12, 1994	Letter/ORDER by Judge G. T. Eisele, allowing parties 10 days to respond to motion to amend complaint [40-1]; parties are directed to supplement their motions for summary judgment with 10 days [52-1] [36-1] (cc: all counsel) (former empl) Modified on 01/20/1995 (Entered: 12/13/1994)	PACER
58	Dec. 12, 1994	MEMORANDUM OPINION and Order by Judge G. T. Eisele finding the motion for summary judgment moot [18-1]; granting motion to by ADC [18-2]; terminating party Arkansas Corr Dept (cc: all counsel) (former empl) Modified on 12/13/1994 (Entered: 12/13/1994)	PACER
59	Dec. 14, 1994	RESPONSE by plaintiff to motion for summary judgment [52-1] (bmt) (Entered: 12/15/1994)	PACER
60	Dec. 14, 1994	MEMORANDUM by plaintiff in support of response to motion for summary judgment [59-1] (bmt) (Entered: 12/15/1994)	PACER
61	Dec. 14, 1994	STATEMENT OF CONTESTED FACTS (Rule 29) by plaintiff [59-1] (bmt) (Entered: 12/15/1994)	PACER
62	Dec. 14, 1994	Amended SCHEDULING ORDER: (DOC) jury trial rescheduled for 9:00 on 2/13/95; discovery due 12/19/94; status report due 12/19/94; pretrial info sheet due 1/23/95 (cc: all counsel) (former empl) (Entered: 12/16/1994)	PACER
63	Dec. 16, 1994	REQUEST by plaintiff Ernest Smith for admissions propounded to defendants (former empl) (Entered: 12/19/1994)	PACER
64	Dec. 19, 1994	REPLY by defendants to response to motion for summary judgment [52- 1] (former empl) Modified on 04/11/1995 (Entered: 12/20/1994)	PACER
65	Dec. 21, 1994	MOTION by plaintiff Ernest Smith to amend complaint (former empl) (Entered: 12/22/1994)	PACER
66	Dec. 21, 1994	NOTICE by defendants of filing exhibits to reply to plaintiff's response to defendants motion for summary judgment (former empl) Modified on 04/11/1995 (Entered: 12/22/1994)	PACER
67	Dec. 22, 1994	RESPONSE by defendants to motion to amend complaint [65-1] (bmt) Modified on 04/11/1995 (Entered: 12/23/1994)	PACER
68	Dec. 22, 1994	RESPONSE by plaintiff Ernest Smith to defendants request for sanctions (former empl) (Entered: 12/27/1994)	PACER
69	Jan. 12, 1995	NOTICE by plaintiff Ernest Smith of taking depo of J. Cleveland on 01/17/95 (former empl) (Entered: 01/13/1995)	PACER
70	Jan. 12, 1995	NOTICE by plaintiff Ernest Smith of taking depo of M. D. Reed on 01/17/95 (former empl) (Entered: 01/13/1995)	PACER
71	Jan. 17, 1995	CLERK'S MINUTES: HEARING (Ph.Cf.) before Judge G. Thomas Eisele. Court advises parties that orders will be entered this date dealing with all pending motions. Court further advises parties that pltf's. jury trial will be postponed until a hearing on the injunctive relief requested is heard and ruled upon; that hearing to commence on 2/13/95 @ 9:00 a.m.; Deft's. oral motion for continuance DENIED. HEARING resumed in the afternoon. Court directs deft. to have pltf. present at Dr. Hixson's office in L.R. at 2:00 p.m. on 1/18/95 for examination and for taking of video deposition of Dr. Hixson. (Carolyn Fant, Reporter) (mah) (Entered: 01/17/1995)	PACER
72	Jan. 17, 1995	ORDER by Judge G. T. Eisele directing ADC to produce inmate Ernest Smith at the office of Dr. Marcia Hixson on 01/18/95 for medical examination (cc: all counsel) (former empl) (Entered: 01/20/1995)	PACER
73	Jan. 17, 1995	Memorandum Opinion and ORDER by Judge G. T. Eisele granting in part and denying in part the motion to amend complaint [65-1]; plaintiff will allowed to add Jimmy Rudd as additional plaintiff; denying motion for hearing for and injunctive relief [39-1]; plaintiff's request for class certification is denied (cc: all counsel) (former empl) Modified on 01/20/1995 (Entered: 01/20/1995)	PACER
74	Jan. 17, 1995	ORDER by Judge G. T. Eisele granting in part and denying in part the motion to amend complaint to join additional defendants [40-1]; plaintiff will be allowed to add Dale Reed in his official and individual capacities as a defendant in this action (cc: all counsel) (former empl) (Entered: 01/20/1995)	PACER
75	Jan. 18, 1995	MOTION by defendants to continue discovery responses (former empl) Modified on 04/11/1995 (Entered: 01/20/1995)	PACER
76	Jan. 18, 1995	ORDER by Judge G. T. Eisele granting motion to continue discovery responses [75-1]; defendants shall have until 5:00 pm on 01/27/95 to file responses to plaintiff's discovery requests with the Court (cc: all counsel) (former empl) (Entered: 01/20/1995)	PACER
77	Jan. 18, 1995	RESPONSE by defendants to plaintiff's first set of requests for admission [63-1] (former empl) Modified on 04/11/1995 (Entered: 01/20/1995)	PACER
78	Jan. 19, 1995	AMENDED complaint by plaintiff Ernest Smith adding plaintiff Jimmy Rudd and defendant Dale Reed [1-1] (former empl) (Entered: 01/20/1995)	PACER
79	Jan. 20, 1995	NOTICE by plaintiffs of taking depo of J. Cleveland on 01/31/95 (former empl) Modified on 01/23/1995 (Entered: 01/23/1995)	PACER
80	Jan. 20, 1995	NOTICE by plaintiffs of taking depo of Dale Reed on 01/31/95(former empl) Modified on 01/23/1995 (Entered: 01/23/1995)	PACER
82	Jan. 20, 1995	BRIEF by defendants in support of motion to continue [81-1] (former empl) Modified on 04/11/1995 (Entered: 01/23/1995)	PACER
83	Jan. 24, 1995	ORDER by Judge G. T. Eisele pltts is directed to file a resp to the motion for continuance by 1/17/95 [81-1]; the filing of any submissions required by the Court's amended scheduling order is stayed until the court rules upon the present motion (cc: all counsel) (bmt) (Entered: 01/25/1995)	PACER
84	Jan. 26, 1995	RESPONSE by plaintiffs to motion to continue [81-1] (bmt) (Entered: 01/26/1995)	PACER
85	Jan. 26, 1995	BRIEF by plaintiffs in support of response to defts' motion for continuance [84-1] (bmt) (Entered: 01/26/1995)	PACER
86	Jan. 26, 1995	RETURN OF SERVICE executed upon defendant Dale Reed on 1/20/95 (bfw) Modified on 02/06/1995 (Entered: 01/30/1995)	PACER
87	Jan. 27, 1995	CLERK'S MINUTES: HEARING before Judge G. Thomas Eisele on deft's. motion for continuance. Motion denied. (mah) Modified on 02/06/1995 (Entered: 01/27/1995)	PACER
88	Jan. 27, 1995	ANSWER to Amended Complaint by defts Lockhart, Norris, Sargent, Reed, Hall, Wood, Cleveland, Hood and Banks (bfw) (Entered: 01/30/1995)	PACER
89	Jan. 27, 1995	ORDER by Judge G. T. Eisele denying defendants' motion to continue [81-1]; defts granted until 5:00 p.m. on 2/3/95 to file any motion raising issues under the Supreme Ct decision Farmer v. Brennan; defts to respond to pltfs' discovery requests by 5:00 p. m. on 1/30/95 and 1/31/95 (cc: all counsel) (bfw) (Entered: 01/30/1995)	PACER
90	Jan. 30, 1995	RESPONSE by defendants to request for admissions [63-1] [90-1] (former empl) Modified on 04/11/1995 (Entered: 02/01/1995)	PACER
91	Jan. 30, 1995	RESPONSE by defendants to plaintiffs second set of interrogatories [91- 1] (former empl) Modified on 04/11/1995 (Entered: 02/01/1995)	PACER
92	Jan. 30, 1995	RESPONSE by defendants to plaintiffs fourth request for production of documents [92-1] (former empl) Modified on 04/11/1995 (Entered: 02/01/1995)	PACER
93	Feb. 3, 1995	CLERK'S MINUTES: HEARING (Ph.Cf.) on clarification of trial schedule. Court advises parties that trial will be held in Pine Bluff and commence at 2:00 p.m. on Monday, 2/13/95 and stop at 7:00 p.m. on that day; the following day will commence at 11:00 a.m. and stop at 6 or 6:30 p.m. until the trial is completed. Parties directed to submit an order regarding subpoenaes. (mah) (Entered: 02/06/1995)	PACER
94	Feb. 3, 1995	ORDER by Judge G. T. Eisele Jury trial rescheduled for 2:00 pm on 2/13/95 at Pine Bluff; defense and plaintiff's counsel are directed to inform witnesses of new time and place of trial; all subpoeanas remain in full force and effect (cc: all counsel) (former empl) (Entered: 02/07/1995)	PACER
95	Feb. 6, 1995	MEMO TO FILE: case is ready to be set for jury trial by District Judge; all pretrial motions have been resolved (former empl) (Entered: 02/07/1995)	PACER
96	Feb. 8, 1995	PRETRIAL INFORMATION SHEET by plaintiffs (trial estimate 3 days) (former empl) (Entered: 02/09/1995)	PACER
97	Feb. 8, 1995	TRIAL BRIEFS submitted by plaintiffs (former empl) (Entered: 02/09/1995)	PACER
98	Feb. 8, 1995	PRETRIAL INFORMATION SHEET by defendants (trial estimate 3-4 days) (former empl) Modified on 04/11/1995 (Entered: 02/09/1995)	PACER
99	Feb. 8, 1995	TRIAL BRIEFS submitted by defendants (former empl) Modified on 04/11/1995 (Entered: 02/09/1995)	PACER
100	Feb. 9, 1995	CLERK'S MINUTES: PRETRIAL CONFERENCE (Ph.Cf.) before Judge G. Thomas Eisele. Court will all of witness Ricky Johnson who was not named on the deft's. witness list to testify, but the state is directed to make him available for a deposition prior to his testimony; Court directs state to arrange for a walk-thru of the Bks. 8 area at Cummins for pltfs. experts on Sunday evening; State stipulated to authenticity of Clinton letter upon Court inquiry. (mah) (Entered: 02/09/1995)	PACER
101	Feb. 10, 1995	ORDER by Judge G. T. Eisele finding Jerry Enomoto, Bob Baynes, Eugene Miller, Paul James and Hugh Crisp shall be given opportunity to walk through the Cummins Unit on 02/12/95; Ricky Johnson shall be allowed to testify for defendants and defendants shall make Mr. Johnson available for deposition; parties to submit joint stipulation of facts to the Court by 02/10/95 at 5:00 pm; the following inmates are to be transported to Pine Bluff to testify at trial: Alvin Randall, plaintiffs Ernest Smith and Jimmy Rudd; additionally inmates F. Adams, A. Boone, J. Maxwell, R. Lewis, M. Haycook, T. Pilcher and J. Dyus are to be made available for testimony at trial upon notice of plaintiff's counsel; plaintiffs will not be required to subpoena a representative from the Office of Governor for the introduction of 02/28/91 letter from Governor Clintion to the Joint Budget Committee (cc: all counsel) (former empl) (Entered: 02/13/1995)	PACER

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Case Details

State / Territory:

Arkansas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 6, 1993

Closing Date: July 28, 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A prison inmate alleging unconstitutional conditions of confinement in prison and another inmate alleging unconstitutional conditions of confinement because he was stabbed by another inmate

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State

Arkansas Department of Corrections (Cummins Unit)

Case Details

Causes of Action:

42 U.S.C. § 1983