Case: Presley v. Epps

Presley v. Epps

COMPLAINT against all defendants, Filing fee $ 250, receipt number 80409, filed by Steven Farris, Marcus D. Williams, Jeffery Presley, Dennis Clay Brumfield. (Attachments: # 1 Supplement # 2 Civil Cover Sheet)(dmd, USDC)

NOTICE OF ASSIGNMENT. Case assigned to Judge Michael P. Mills and Magistrate Judge Eugene M. Bogen. (dmd, USDC)

Summons Issued as to Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell, Correctional Medical Services (CMS), Inc., Larry Linton, Keith M. Ivens, Fred Klopfer, William Steiger, John Bearry, Gail Williams. (dmd, USDC)

MOTION to Certify Class by all plaintiffs. (dmd, USDC)

MEMORANDUM IN SUPPORT re 4 MOTION to Certify Class. (dmd, USDC)

Per Magistrate Judge Bogen's instructions, case Reassigned to Judge Jerry A. Davis. Judge Eugene M. Bogen no longer assigned to the case. (dmd, USDC)

Case Reassigned to Judge Jerry A. Davis. Judge Michael P. Mills no longer assigned to the case. (dmd, USDC) Additional attachment(s) added on 7/18/2005 (dmd, USDC).

Case Reassigned to Judge Michael P. Mills. Inadvertently assigned to Davis. (dmd, USDC)

Case Reassigned to Magistrate Judge Jerry A. Davis. (dmd, USDC)

REQUEST FOR WAIVER of Service sent to Charles McBride, Esq. on June 22, 2005 by Margaret Winter on behalf of Steven Farris, Marcus D. Williams, Jeffery Presley, Dennis Clay Brumfield. (Attachments: # 1 cover letter)(Winter, Margaret)

WAIVER OF SERVICE Returned Executed by Margaret Winter on behalf of Steven Farris, Marcus D. Williams, Jeffery Presley, Dennis Clay Brumfield. Correctional Medical Services (CMS), Inc. waiver sent on 6/22/2005; Larry Linton waiver sent on 6/22/2005; Keith M. Ivens waiver sent on 6/22/2005; Fred Klopfer waiver sent on 6/22/2005; William Steiger waiver sent on 6/22/2005; John Bearry waiver sent on 6/22/2005; Gail Williams waiver sent on 6/22/2005. (Winter, Margaret) Modified on 8/2/2005 (dmd, USDC).

REQUEST FOR WAIVER of Service sent to Leonard Vincent, Esq. on June 22, 2005 by Margaret Winter on behalf of Steven Farris, Marcus D. Williams, Jeffery Presley, Dennis Clay Brumfield. (Attachments: # 1 cover letter)(Winter, Margaret)

WAIVER OF SERVICE Returned Executed by Margaret Winter on behalf of Steven Farris, Marcus D. Williams, Jeffery Presley, Dennis Clay Brumfield, Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell Christopher Epps waiver sent on 6/22/2005; Emitt Sparkman waiver sent on 6/22/2005; Lawrence Kelly waiver sent on 6/22/2005; Ernest Lee waiver sent on 6/22/2005; Kentrell Liddell waiver sent on 6/22/2005. (Winter, Margaret)

MOTION to Appear Pro Hac Vice ; Attorney Gouri Bhat, by all plaintiffs. (Winter, Margaret)

REQUEST FOR WAIVER of Service sent to Leonard Vincent, Esq. on June 22, 2005 by Margaret Winter on behalf of Steven Farris, Marcus D. Williams, Jeffery Presley, Dennis Clay Brumfield. Waiver of Service due by 8/22/2005. (Attachments: # 1 cover letter)(Winter, Margaret)

WAIVER OF SERVICE Returned Executed by Margaret Winter on behalf of Steven Farris, Marcus D. Williams, Jeffery Presley, Dennis Clay Brumfield (Winter, Margaret) Modified on 8/2/2005 (dmd, USDC).

NOTICE by Margaret Winter on behalf of Steven Farris, Marcus D. Williams, Jeffery Presley, Dennis Clay Brumfield Notice of Voluntary Dismissal as to Certain Defendants (Winter, Margaret)

Pro Hac Vice Fee Paid : $ $25.00, receipt number 81010 for Gouri Bhat. (dmd, USDC)

ORDER granting 10 Motion to Appear Pro Hac Vice of Attorney Gouri Bhat. Signed by Judge Jerry A. Davis on 8/19/2005. (jkj, USDC)

MOTION for Extension of Time to File Response/Reply as to 4 MOTION to Certify Class by Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell. (Clay, John)

ANSWER to Complaint by Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell.(Clay, John)

NOTICE of Attorney Appearance by Leonard Charlton Vincent on behalf of Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell (Vincent, Leonard)

ORDER granting defendants' 16 Motion for Extension of Time to File Response to plaintiffs' 4 MOTION to Certify Class. Responses due by 11/1/2005. Signed by Judge Michael P. Mills on 9/14/05. (lpm, USDC)

NOTICE of Settlement Conference set for 11/22/2005 at 10:00 AM in Aberdeen Courtroom 3 before Mag. Judge Jerry A. Davis. (egs, USDC)

MOTION to Appear Pro Hac Vice ; Attorney Margaret Winter, by all plaintiffs. (Winter, Margaret)

ORDER granting 21 Motion to Appear Pro Hac Vice of Attorney Margaret Winter. Signed by Judge Jerry A. Davis on 12/13/2005. (jkj, USDC)

Pro Hac Vice Fee Paid for Margaret Winter: $ 25.00, receipt number 82238 (nsm, USDC)

Objection by Trent Eason. (nsm, USDC) (Entered: 03/30/2006)

NOTICE OF FAIRNESS HEARING set for 3/30/2006, at 10:00 a.m. in Aberdeen, before Judge Jerry A. Davis in his chambers (jkj, USDC)

ORDER on Joint Ore Tenus Motion for Preliminary Approval of Proposed Consent Decree. Signed by Judge Jerry A. Davis on 3/6/2006. (Attachments: # 1)(jkj, USDC)

ORDER finding as moot 4 Motion to Certify Class . Signed by Judge Michael P. Mills on 3/10/06. (lpm, USDC)

NOTICE of Fairness Hearing reset for 4/28/2006 at 09:30 AM in Aberdeen Courtroom 3 before Mag. Judge Jerry A. Davis. (egs, USDC)

Objection to Settlement Agreement (gpk, USDC) (Entered: 03/27/2006)

Objection by Quincy Smothers to Class Action Suit by the ACLU. (nsm, USDC) (Entered: 03/30/2006)

Objection to the Proposed Consent Decree by Dempsey Bruner. (nsm, USDC) (Entered: 03/30/2006)

Objection to the Proposed Concent Decree by Reginald Reed. (nsm, USDC) (Entered: 03/30/2006)

Objections to Consent Decree by Bertram McManis. (nsm, USDC) (Entered: 03/30/2006)

Objection to Settlement Agreement by Alchello House(gpk, USDC)

Objections by Nathaniel Hughes to the Proposed Consent Decree. (gpk, USDC)

Objections to the Settlement Agreement by Fasaha Al 'Fatah. (gpk, USDC) Modified on 3/28/2006 (mhg, USDC).

Objection to Proposed Consent Decree by Keith Brooks. (nsm, USDC) Modified on 3/30/2006 (nsm, USDC). (Entered: 03/30/2006)

Objection to Settlement and Proposed Consent Decree Agreement by Rockie D. Pickens. (jb, USDC) (Entered: 04/03/2006)

MOTION for Settlement Approval by all plaintiffs. (Bhat, Gouri)

ORDER granting 39 Motion for Settlement . Signed by Judge Jerry A. Davis on 4/28/06. (Attachments: # 1 Attachment) (egs, USDC)

Minute Entry for proceedings held before Judge Jerry A. Davis : Motion Hearing held on 4/28/2006. (Court Reporter Deborah White.) (egs, USDC)

CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Jerry A. Davis. (dmd, USDC) (Entered: 05/03/2006)

Remark: Mail received from Lonnie Banks on 5/12/2006) forwarded to plaintiffs' counsel. (jkj, USDC)

Remark: Received mail from LaCarter S. Moore #65766 and forwarded to plaintiffs' counsel. (jkj, USDC)

Remark: Received mail from H. Trent Eason on 5/19/2006. Forwarded to plaintiffs' counsel via cm/ecf. (jkj, USDC)

ORDER denying pleadings attached. The redress petitioner Lonnie Banks is seeking may be sought through an individually filed lawsuit. Original documents returned to petitioner. Signed by Judge Jerry A. Davis on 5/26/2006. (Attachments: # 1 # 2)(jkj, USDC)

Remark: Letter from Roger Morrison, MSP # 26705, received on 6/2/2006. (jkj, USDC)

Remark: Received correspondence from John Frierson, MSP #77329 for review by plaintiffs' counsel. (Attachments: # 1 2 of 3# 2 3 of 3) (jkj, USDC)

Remark: Received mail from Lonnie Banks on 1/23/2006. (jkj, USDC)

Remark: Received correspondence from Jimmy Turner #57300. (jkj, USDC)

Remark: Received correspondence from Jonathan Anderson #R6470. (jkj, USDC)

Remark: Received correspondence from Jimmy Turner #57300. (jkj, USDC)

Remark: Received correspondence from Ulysses Bownes, #20115. (jkj, USDC)

Remark: Received correspondence from Jimmy Turner #57300. (jkj, USDC)

Remark: Received correspondence from Cedric King. (jkj, USDC)

Remark: Received correspondence from Jeffrey Presley. (jkj, USDC)

MOTION for Contempt Memorandum in Support of Plaintiffs 57 Motion for Civil Contempt Sanctions and for Other Equitable Relief by all plaintiffs. (Bhat, Gouri) Modified on 11/22/2006 (gpk, USDC).

MOTION for Contempt Declaration of Counsel in Support of Plaintiffs Motion 57 for Civil Contempt Sanctions and for Other Equitable Relief, and attached Exhibits A−F by all plaintiffs. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Bhat, Gouri) Modified on 11/22/2006 (gpk, USDC).

MOTION for Contempt[ 57] Certificate of Service by all plaintiffs. (Bhat, Gouri) Modified on 11/22/2006 (gpk, USDC).

NOTICE OF CORRECTION re 57 MOTION for Contempt Sanctions and for Other Equitable Relief to Compel Defendants Compliance With Consent Decree Provisions on Medical and Mental Health Care Supporting Documents 58 , 59 , 60 filed as Motions. (gpk, USDC)

RESPONSE to Motion re 57 MOTION for Contempt Sanctions and for Other Equitable Relief to Compel Defendants? Compliance With Consent Decree Provisions on Medical and Mental Health Care filed by Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell. (Attachments: # 1 Exhibit Letter from Leonard Vincent, Esq.)(Clay, John)

REPLY to Response to Motion re 57 MOTION for Contempt Sanctions and for Other Equitable Relief to Compel Defendants? Compliance With Consent Decree Provisions on Medical and Mental Health Care filed by Jeffery Presley. (Attachments: # 1 Affidavit Supplemental Declaration of Counsel# 2 Exhibit G# 3 Exhibit H# 4 Exhibit I# 5 Exhibit J# 6 Exhibit K# 7 Exhibit L# 8 Certificate of Service)(Bhat, Gouri)

NOTICE of Telephonic Conference set for 2/1/2007 at 01:30 PM in Judge Davis Chambers before Mag. Judge Jerry A. Davis. (egs, USDC)

Minute Entry for proceedings held before Judge Jerry A. Davis : Telephone Conference held on 2/1/2007. (egs, USDC)

NOTICE of Hearing: Evidentiary Hearing set for 4/4/2007 at 10:00 AM in Aberdeen Courtroom 3 before Mag. Judge Jerry A. Davis. (egs, USDC)

Writ of Habeas Corpus ad Testificandum Issued as to Steven Farris and Marcus D. Williams for April 4, 2007. (egs, USDC)

Minute Entry for proceedings held before Judge Jerry A. Davis : Evidentiary Hearing held on 4/4/2007. (Court Reporter Rita Sisk.) (egs, USDC) (Entered: 04/09/2007)

Witness List to Evidentiary Hearing held on 4/4/07. (egs, USDC) (Entered: 04/09/2007)

Exhibit List to Evidentiary Hearing held on 4/4/07 (Exhibits on file in the Clerk's Office). (egs, USDC) (Entered: 04/09/2007)

Supplemental Consent Decree for Medical Care . Signed by Judge Jerry A. Davis on 4/16/07. (egs, USDC)

First MOTION to Continue Follow−Up Conference Scheduled June 1, 2007 by Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell. (Vincent, Leonard)

ORDER granting 71 Motion to Continue Follow−Up Conference presently set for June 1, 2007, until further order. Signed by Judge Jerry A. Davis on 5/18/2007. (jkj, USDC)

MEMORANDUM IN SUPPORT re 73 MOTION to Compel Compliance With Consent Decree Provisions on Excessive Force and to Consolidate With Plaintiffs' Pending Motion to Compel Compliance With Consent Decree Provisions on Treatment of the Mentally Ill . (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I) (Winter, Margaret)

AFFIDAVIT re 73 MOTION to Compel Compliance With Consent Decree Provisions on Excessive Force and to Consolidate With Plaintiffs' Pending Motion to Compel Compliance With Consent Decree Provisions on Treatment of the Mentally Ill (Declaration of Lawrence Caldwell) . (Winter, Margaret)

EXHIBIT re 74 Memorandum in Support, 75 Affidavit, 73 MOTION to Compel Compliance With Consent Decree Provisions on Excessive Force and to Consolidate With Plaintiffs' Pending Motion to Compel Compliance With Consent Decree Provisions on Treatment of the Mentally Ill . (Winter, Margaret)

RESPONSE to Motion re 73 MOTION to Compel Compliance With Consent Decree Provisions on Excessive Force and to Consolidate With Plaintiffs' Pending Motion to Compel Compliance With Consent Decree Provisions on Treatment of the Mentally Ill filed by Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell. (Attachments: # 1 Exhibit # 2 Exhibit) (Clay, John)

Remark: Received two letters from Steven Farris, #R5580. (jkj, USDC)

NOTICE by Margaret Winter on behalf of Steven Farris (Winter, Margaret)

NOTICE of Settlement Conference/ Evidentiary Hearing on Plaintiffs' motion for contempt set for 11/15/2007 at 10:00 AM in Aberdeen Courtroom 3 before Mag. Judge Jerry A. Davis. (egs, USDC)

MOTION To Schedule an Evidentiary Hearing Regarding Classification and Related Issues re 74 Memorandum in Support, 60 MOTION for Contempt Certificate of Service , 67 Evidentiary Hearing, 76 Exhibits to Other Document, 59 MOTION for Contempt Declaration of Counsel in Support of Plaintiffs? Motion for Civil Contempt Sanctions and for Other Equitable Relief, and attached Exhibits A−F MOTION for Contempt Declaration of Counsel in Support of Plaintiffs? Motion for Civil Contempt Sanctions and for Other Equitable Relief, and attached Exhibits A−F , 57 MOTION for Contempt Sanctions and for Other Equitable Relief to Compel Defendants? Compliance With Consent Decree Provisions on Medical and Mental Health Care , 75 Affidavit, 58 MOTION for Contempt Memorandum in Support of Plaintiffs? Motion for Civil Contempt Sanctions and for Other Equitable Relief , 61 Response to Motion, 62 Reply to Response to Motion, 65 Notice of Hearing, 77 Response to Motion, 73 MOTION to Compel Compliance With Consent Decree Provisions on Excessive Force and to Consolidate With Plaintiffs' Pending Motion to Compel Compliance With Consent Decree Provisions on Treatment of the Mentally Ill , 80 Notice of Hearing by Jeffery Presley. (Winter, Margaret)

RESPONSE to Motion re 81 MOTION To Schedule an Evidentiary Hearing Regarding Classification and Related Issues re 74 Memorandum in Support, 60 MOTION for Contempt Certificate of Service , 67 Evidentiary Hearing, 76 Exhibits to Other Document, 59 MOTION for Con MOTION To Schedule an Evidentiary Hearing Regarding Classification and Related Issues re 74 Memorandum in Support, 60 MOTION for Contempt Certificate of Service , 67 Evidentiary Hearing, 76 Exhibits to Other Document, 59 MOTION for Con MOTION To Schedule an Evidentiary Hearing Regarding Classification and Related Issues re 74 Memorandum in Support, 60 MOTION for Contempt Certificate of Service , 67 Evidentiary Hearing, 76 Exhibits to Other Document, 59 MOTION for Con MOTION To Schedule an Evidentiary Hearing Regarding Classification and Related Issues re 74 Memorandum in Support, 60 MOTION for Contempt Certificate of Service , 67 Evidentiary Hearing, 76 Exhibits to Other Document, 59 MOTION for Con MOTION To Schedule an Evidentiary Hearing Regarding Classification and Related Issues re 74 Memorandum in Support, 60 MOTION for Contempt Certificate of Service , 67 Evidentiary Hearing, 76 Exhibits to Other Document, 59 MOTION for Con MOTION To Schedule an Evidentiary Hearing Regarding Classification and Related Issues re 74 Memorandum in Support, 60 MOTION for Contempt Certificate of Service , 67 Evidentiary Hearing, 76 Exhibits to Other Document, 59 MOTION for Con filed by Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell. (Clay, John)

MOTION for Discovery FOR AN ORDER DIRECTING DEFENDANT EPPS TO PERMIT ENTRY UPON LAND PURSUANT TO RULE 34 (a) (2), F. R. CIV. P. by all plaintiffs. (Attachments: # 1 Exhibit Residential Services Agreement Between MDOC and EMCF Authority) (Winter, Margaret)

RESPONSE to Motion re 83 MOTION for Discovery FOR AN ORDER DIRECTING DEFENDANT EPPS TO PERMIT ENTRY UPON LAND PURSUANT TO RULE 34 (a) (2), F. R. CIV. P. MOTION for Discovery FOR AN ORDER DIRECTING DEFENDANT EPPS TO PERMIT ENTRY UPON LAND PURSUANT TO RULE 34 (a) (2), F. R. CIV. P. filed by Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell. (Attachments: # 1 Exhibit Composite of Court's Orders) (Clay, John)

Pro Hac Vice Fee Paid for LaKeytria W. Felder: $ $100.00, receipt number 86002 (order motion and oral order at Evidentiary hearing held 4/4/2007 before Mag Judge Davis) (dlh, USDC)

REPLY to Response to Motion re 83 MOTION for Discovery FOR AN ORDER DIRECTING DEFENDANT EPPS TO PERMIT ENTRY UPON LAND PURSUANT TO RULE 34 (a) (2), F. R. CIV. P. MOTION for Discovery FOR AN ORDER DIRECTING DEFENDANT EPPS TO PERMIT ENTRY UPON LAND PURSUANT TO RULE 34 (a) (2), F. R. CIV. P. filed by Steven Farris, Marcus D. Williams, Jeffery Presley, Dennis Clay Brumfield. (Hanlon, Stephen)

NOTICE by Margaret Winter on behalf of Steven Farris NOTICE OF FILING EXPERT REPORTS (Attachments: # 1 Exhibit Austin November 2007 Classification Report# 2 Exhibit Austin January 2007 Classification Report# 3 Exhibit Austin August 2007 Classification Report# 4 Exhibit McGinnis 2007 Use of Force Report# 5 Exhibit McGinnis 2007 Use of Force Incidents Chart# 6 Exhibit McGinnis 2007 Security Staffing Review# 7 Exhibit McGinnis 2007 Recommended Staffing Roster# 8 Exhibit McGinnis 2007 STG Report) (Winter, Margaret)

Writ of Habeas Corpus ad Testificandum Issued as to Steven Farris for 11/15/07. (egs, USDC)

NOTICE by Margaret Winter on behalf of Steven Farris NOTICE OF PROPOSED SUPPLEMENTAL CONSENT DECREE (Attachments: # 1 Exhibit PARTIES' PROPOSED SUPPLEMENTAL CONSENT DECREE ON MENTAL HEALTH, USE OF FORCE, AND CLASSIFICATION) (Winter, Margaret)

Minute Entry for proceedings held before Judge Jerry A. Davis : Settlement Conference held on 11/15/2007. (Court Reporter Rita Sisk.) (egs, USDC)

Supplemental Consent Decree. Signed by Judge Jerry A. Davis on 11/15/07. (egs, USDC)

Writ of Habeas Corpus ad Testificandum for Steven Farris Returned Executed on 11/15/2007. (rcm) (Entered: 11/29/2007)

MOTION for Attorney Fees Motion for Attorneys' Fees, Experts' Fees and Other Litigation Costs by all plaintiffs. (Winter, Margaret)

RESPONSE to Motion re 92 MOTION for Attorney Fees Motion for Attorneys' Fees, Experts' Fees and Other Litigation Costs filed by Christopher Epps, Emitt Sparkman, Lawrence Kelly, Ernest Lee, Kentrell Liddell. (Clay, John)

TRANSCRIPT of Settlement Conference/Evidentiary Hearing on Plaintiff's Motion for Contempt held on 11/15/07 before Judge Jerry A. Davis. Court

AFFIDAVIT re 94 Memorandum in Support of Plaintiffs Motion for Attorneys' Fees and Expenses . (Attachments: # 1 Exhibit NPP Attorneys' Hours and Fees# 2 Exhibit NPP Litigation Expenses# 3 Exhibit 2004 − 2006 NPP Fees and Expenses) (Hanlon, Stephen)

AFFIDAVIT re 94 Memorandum in Support of Plaintiffs' Motion for Attorneys' Fees and Expenses . (Hanlon, Stephen)