Case: Nelson v. Campbell

2:03-cv-01008 | U.S. District Court for the Middle District of Alabama

Filed Date: Oct. 6, 2003

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On October 6, 2003, three days before his scheduled execution by lethal injection, an inmate at the Holman Correctional Facility in Atmore, Alabama, filed a lawsuit under 42 U.S.C. § 1983 against the Alabama Department of Corrections in the U.S. District Court for the Middle District of Alabama. The plaintiff alleged that his constitutional rights were threatened by the defendant's use of the "cut-down" procedure, which required an incision into his arm or leg to assess his veins (which had be…

On October 6, 2003, three days before his scheduled execution by lethal injection, an inmate at the Holman Correctional Facility in Atmore, Alabama, filed a lawsuit under 42 U.S.C. § 1983 against the Alabama Department of Corrections in the U.S. District Court for the Middle District of Alabama. The plaintiff alleged that his constitutional rights were threatened by the defendant's use of the "cut-down" procedure, which required an incision into his arm or leg to assess his veins (which had been severely compromised due to years of intravenous drug use) in anticipation of the lethal injection. The plaintiff argued that the use of the procedure constituted deliberate indifference to his medical needs because it would "create risks of complications, be inhumane, conflict with evolving standards of decency, and entail unnecessary mental and physical pain and suffering." He sought a permanent injunction against the procedure, as well as a temporary stay of his execution so that the court could consider the merits of his petition for the injunction.

On October 7, 2007, the U.S. District Court for the Middle District of Alabama (Judge Myron H. Thompson) granted the defendant's motion to dismiss the claim, holding that the Section 1983 claim was functionally equivalent to the plaintiff's earlier habeas corpus claim, which had been denied by the court. Nelson v. Campbell, 286 F.Supp.2d 1321 (M.D.Ala. 2003). The plaintiff appealed.

On October 8, 2003, the U.S. Court of Appeals for the Eleventh Circuit (Judge Robert Lanier Anderson III) affirmed the District Court's decision, holding that the prisoner's Section 1983 claim was the functional equivalent of the previously denied habeas corpus claim, and that the prisoner had not been denied access to his physician in violation of Alabama law. Nelson v. Campbell, 347 F.3d 910 (11th Cir. 2003). On October 9, 2003, the plaintiff's request for a rehearing en banc was denied. Nelson v. Campbell, No. 03-15095, 85 Fed.Appx. 728 (11th Cir. 2003). The plaintiff sought Supreme Court review.

On October 9, 2003, the U.S. Supreme Court granted a stay of execution of sentence of death pending their decision on whether to grant certiorari. Nelson v. Campbell, 540 U.S. 942 (2003). On December 1, 2003, the U.S. Supreme Court granted certiorari on the limited question of whether a complaint brought under 42 U.S.C. § 1983 by a death-sentenced prisoner, who seeks to stay his execution in order to pursue a challenge to the procedures for carrying out the execution may be properly recharacterized as a habeas corpus petition under 28 U.S. 2254. Nelson v. Campbell, 540 U.S. 1046 (2003).

On May 24, 2004, the U.S. Supreme Court (Justice O'Connor) reversed and remanded the case back to the Eleventh Circuit, holding that Section 1983 was an appropriate vehicle for a prisoner to challenge the "cut-down" procedure, and that the prisoner's request for temporary stay of execution did not transform his conditions of confinement claim into a challenge to the validity of his death sentence sounding in habeas corpus. Nelson v. Campbell, 541 U.S. 637 (2004). On July 20, 2004, the Eleventh Circuit remanded the case back to the District Court for proceedings consistent with the Supreme Court opinion. Nelson v. Campbell, 377 F.3d 1162 (11th Cir. 2004).

On October 7, 2004, the District Court (Judge Thompson) entered an order that the defendants should not use the "cut-down" procedure on the plaintiff, but rather that they must use either a peripheral-venous-access procedure or a peripheral-central-venous-access procedure on him. The plaintiff had asked for these procedures because he believed that they would be "less invasive, less painful, faster, cheaper, and safer than the cut-down procedure," as well as being humane and not in violation of the plaintiff's Eighth Amendment rights. The defendants agreed to utilize one of these methods if it became necessary to obtain a central line on the plaintiff, so the order was based on their consent.

On October 29, 2004, the defendants asked the court for summary judgment in light of that substantial agreement. On October 22, 2005, the plaintiff filed his second amended complaint, alleging that there were still material facts at issue in the case. Specifically, the plaintiff alleged that if the agreed-upon central line placement procedure was not performed by a qualified physician in an appropriate medical environment, his Eighth Amendment rights would still be violated. He asked the court to direct the defendants to consult with medical experts and promulgate a protocol concerning venous access that comports with contemporary standards of medical care and the Eighth Amendment. On June 15, 2006, the court designated Dr. Warren Bagley, M.D. to be the court's independent medical expert, and on July 28, 2006, the court ordered Dr. Bagley to assist the court in understanding the outstanding issues of fact in the case.

On September 26, 2006, the District Court denied the defendants' motion for summary judgment, holding that there were still facts at issue in the case, and stating that the court would reconsider the motion for summary judgment after Dr. Bagley had submitted his report.

On November 15, 2006, the defendants again asked the court for summary judgment in light of the fact that, in the opinion of Dr. Bagley, access to the plaintiff's central veins would not be necessary, since there were three locations on the plaintiff's body where peripheral veins could be easily accessed, and that a it would not be necessary to obtain a highly trained specialist to access those veins. The defendants argued that this made the plaintiff's complaint moot, leaving no genuine issues of material fact in the case.

On March 31, 2008, the District Court denied the defendants' motion for summary judgment, holding that the United States Supreme Court's decision in Baze v. Rees could inform the decision in the case at bar. Accordingly, the court denied the motion for summary judgment with leave to renew within 30 days of the Baze decision.

On May 15, 2008, the defendants renewed their motion for summary judgment because the United States Supreme Court had handed down its decision in Baze v. Rees. The defendants' motion argued that the Court's decision in Baze supported their contention that the execution protocol used in Alabama was constitutional. Specifically the Defendants argued that "the Supreme Court's recent decision in Baze applies to Alabama's execution protocol because it is substantially similar to Kentucky's," which was upheld by the Court.

On July 21, 2008, the plaintiff filled his response to the defendants' renewed motion for summary judgment. The plaintiff's main argument was that Baze did not support the defendants' motion for summary judgment. The plaintiff made clear that the Supreme Court held that "when a condemned establishes that his execution will involve a "substantial risk of serious harm" or an "objectively intolerable risk of harm..." based on how it is to be carried out. Accordingly, the plaintiff argued that the defendants' execution protocol was unconstitutional because it would subject him to an unconstitutional level of pain. Specifically, the plaintiff insisted that "the administration of the protocol to the Plaintiff will result in a substantial and objectively intolerable risk of serious harm due to the Plaintiff's medical condition and severely compromised peripheral veins."

On December 9, 2009, the court denied the defendants' motion for summary judgment as moot. The court recognized that the motion had become moot because of the death of the plaintiff. Alabama news sources reported that the plaintiff died of natural causes on November 3, 2009. The case is now closed.

Summary Authors

Justin Benson (1/20/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4122317/parties/nelson-v-allen-death-penalty/


Judge(s)

Anderson, Robert Lanier III (Georgia)

Hull, Frank M. (Georgia)

Kennedy, Anthony McLeod (District of Columbia)

O'Connor, Sandra Day (District of Columbia)

Thompson, Myron Herbert (Alabama)

Wilson, Charles R. (Florida)

Attorneys(s) for Plaintiff

Davis, LaJuana (Alabama)

McIntyre, Michael Kennedy (Georgia)

Morgan, Joe Wilson (Alabama)

Smith, H. Victoria (Georgia)

Judge(s)

Anderson, Robert Lanier III (Georgia)

Hull, Frank M. (Georgia)

Kennedy, Anthony McLeod (District of Columbia)

O'Connor, Sandra Day (District of Columbia)

Thompson, Myron Herbert (Alabama)

Wilson, Charles R. (Florida)

Attorneys(s) for Plaintiff

Davis, LaJuana (Alabama)

McIntyre, Michael Kennedy (Georgia)

Morgan, Joe Wilson (Alabama)

Smith, H. Victoria (Georgia)

Stevenson , Bryan A. (Alabama)

Attorneys(s) for Defendant

Allen, Richard F. (Alabama)

Billingsley , Michael B. (Alabama)

Crenshaw , James Clayton (Alabama)

King, Troy Robin (Alabama)

Newsom, Kevin Christopher (Alabama)

Other Attorney(s)

Brown, Jason (New York)

Fernandez, Laura A. (New York)

Kendall, George H. (New York)

Kort , Allison (New York)

Lippert, Kathryn Louis (Alabama)

Expert/Monitor/Master

Bagley, Warren (Tennessee)

Boyd, David R. (Alabama)

Documents in the Clearinghouse

Document

2:03-cv-01008

Docket [PACER]

Aug. 2, 2007

Aug. 2, 2007

Docket

03-15095

Opinion

U. S. Court of Appeals for the Eleventh Circuit

347 F.3d 910

Oct. 8, 2003

Oct. 8, 2003

Order/Opinion

03-06821

Order Granting Stay

Supreme Court of the United States

540 U.S. 942

Oct. 9, 2003

Oct. 9, 2003

Order/Opinion

03-06821

Amicus Brief

Supreme Court of the United States

Nov. 10, 2003

Nov. 10, 2003

Pleading / Motion / Brief

03-06821

Order Granting Cert

Supreme Court of the United States

540 U.S. 1046

Dec. 1, 2003

Dec. 1, 2003

Order/Opinion

03-06821

Brief

Supreme Court of the United States

2004 WL 188118

Jan. 22, 2004

Jan. 22, 2004

Pleading / Motion / Brief

03-06821

Amicus Brief

Supreme Court of the United States

2004 WL 234123

Feb. 4, 2004

Feb. 4, 2004

Pleading / Motion / Brief

03-06821

Brief

Supreme Court of the United States

March 4, 2004

March 4, 2004

Pleading / Motion / Brief

03-06821

Opinion

Supreme Court of the United States

541 U.S. 637

May 24, 2004

May 24, 2004

Order/Opinion

03-15095

Opinion

U. S. Court of Appeals for the Eleventh Circuit

377 F.3d 1162

July 20, 2004

July 20, 2004

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4122317/nelson-v-allen-death-penalty/

Last updated Aug. 1, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link

Staff Attorney Assigned: Torbert (cb) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

106

ORDER denying 90 , 103 Motions to Reconsider allowing physician consultants to attend physical examination performed by court's independent expert for the following reasons as further set out in order . Signed by Judge Myron H. Thompson on 10/10/06. (vma, )

Oct. 10, 2006

Oct. 10, 2006

RECAP
1

COMPLAINT for injunctive and declaratory relief (w/attachments 1 thru 6 attached) (djy) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

1

MOTION by David Larry Nelson to Proceed in Forma Pauperis referred to Judge Myron H. Thompson (djy) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

File referred to Judge Thompson. (djy) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

Tele-conference held before Judge Myron H. Thompson on 10-7-03; hearing on oral motions (djy) Modified on 10/07/2003 (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

2

Courtroom Deputy's MINUTES of proceedings re: tele-conference held before Judge Thompson on 10/7/03 - hearing on oral motions (1) plaintiff's motions for preliminary injunction and temporary restraining order; (2) defendants' motion for change of venue and motion to dismiss (written motions to be filed by noon today, with any responses to motions due by 1:00 pm; ORAL ORDER directing court report to prepare and file transcript of proceeding forthwith; ORAL ORDER directing Clerk of Court to transmit a copy of the transcript to the Eleventh Circuit immediately upon filing. (Court reporter-Reisner) (djy) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

Court reporter Reisner's TRANSCRIPT filed for dates of October 7, 2003 in-chambers telephone conference re: motion for preliminary injunction, motion for temporary restraining order, motion for change of venue 7 motion to dismiss (djy) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

3

MOTION by Donal Campbell, Grantt Culliver to Change Venue to Southern District of Alabama referred to Judge Myron H. Thompson (djy) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

3

BRIEF by Donal Campbell, Grantt Culliver in support of [3-1] motion to Change Venue to Southern District of Alabama.Referred to Judge Myron H. Thompson (djy) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

4

MOTION by Donal Campbell, Grantt Culliver to Dismiss (w/attachments-Nelson letter, affidavit of Dr. Marc Sonnier, Affidavit of Grantt Culliver) referred to Judge Myron H. Thompson (djy) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

5

NOTICE of providing information to the court by Donal Campbell, Grantt Culliver. Referred to Judge Thompson. (djy) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

6

MOTION by David Larry Nelson to Amend [1-1] complaint (proposed first amended complaint attached) referred to Judge Myron H. Thompson (djy) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

7

SECOND NOTICE of providing information to the court by Donal Campbell, Grantt Culliver. Referred to Judge Thompson (dmn) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

8

ORDER granting [1-1] motion to Proceed in Forma Pauperis ( signed by Judge Myron H. Thompson ) , copies provided to counsel. (djy) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

9

ORDER granting [6-1] motion to Amend [1-1] complaint ( signed by Judge Myron H. Thompson ) , copies provided to counsel. (djy) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

10

FIRST AMENDED COMPLAINT by David Larry Nelson amending [1-1] complaint. Referred to Judge Thompson. (djy) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

11

REPLY (affidavit of Mark Heath attached) by David Larry Nelson to [4-1] motion to Dismiss by Grantt Culliver, Donal Campbell. Referred to Judge Myron H. Thompson (djy) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

12

MOTION by David Larry Nelson for production of documents (w/attachment) referred to Judge Myron H. Thompson (djy) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

13

MEMORANDUM OPINION (signed by Judge Myron H. Thompson ), copies provided to counsel. (djy) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

14

JUDGMENT, in accordance with the memorandum opinion entered this date, the following is the ORDER, JUDGMENT and DECREE of the court as follows: (1) the [4-1] motion to Dismiss filed 10/7/03 is granted; (2) plf Nelson's [1-1] complaint as [10-1] amended is dismissed without prejudice; further ORDERING that costs are taxed against plf Nelson, for which execution may issue ( signed by Judge Myron H. Thompson ), copies provided to counsel. (djy) Modified on 8/26/2004 - VACATED PER ORDER OF 8/26/04 - Doc.#32 (vmc, ). (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

15

ORDER directing that plf Nelson's oral motion for temporary restraining order and preliminary injunction, made during the conference call held 10/7/03 is denied as moot ( signed by Judge Myron H. Thompson ) , copies provided to counsel. (djy) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

16

ORDER denying as moot [3-1] motion to Change Venue to Southern District of Alabama ( signed by Judge Myron H. Thompson ) , copies provided to counsel. (djy) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

17

ORDER denying [12-1] motion for production of documents ( signed by Judge Myron H. Thompson ) , copies provided to counsel. (djy) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

Case closed (djy) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

18

NOTICE OF APPEAL (construed as containing a M/IFP) to the United States Court of Appeals, Eleventh Circuit by David Larry Nelson from the final Opinion and Judgment of the District Court,, including all subsidiary and procedural issues and orders related thereto, which final Opinion and Judgment was entered in this action on the 7th day of October. Copies Provided by fax (kcg) (Entered: 10/08/2003)

Oct. 8, 2003

Oct. 8, 2003

19

ORDER granting [18-1] motion to Proceed on Appeal in Forma Pauperis ( signed by Judge Myron H. Thompson ) , copies provided by fax. (kcg) (Entered: 10/08/2003)

Oct. 8, 2003

Oct. 8, 2003

Notice of Appeal and certified copy of docket to USCA: [18-1] appeal by David Larry Nelson (kcg) (Entered: 10/08/2003)

Oct. 8, 2003

Oct. 8, 2003

20

PER CURIAM OPINION of the United States Court of Appeals, Eleventh Circuit that the district court's judgment dismissing Nelson's complaint is affirmed. Nelson's motion to enjoin dfts from executing him is denied. The judgment of the district court is AFFIRMED, and Nelson's motion for stay of execution is DENIED. Before: ANDERSON, HULL and WILSON, Circuit Judges (kcg) (Entered: 10/09/2003)

Oct. 8, 2003

Oct. 8, 2003

21

ORDER of the United States Court of Appeals, Eleventh Circuit that the Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 35-5), the Petition for Rehearing En Banc is DENIED. The en banc process having been completed, the pending motion to stay the execution during en banc consideration is DENIED as moot. J.L. Edmondson, Chief Judge (kcg) (Entered: 10/09/2003)

Oct. 9, 2003

Oct. 9, 2003

USCA Case Number Re: USCA NUMBER: 03-15095-P (kcg) (Entered: 10/10/2003)

Oct. 10, 2003

Oct. 10, 2003

22

MOTION by David Larry Nelson for transcript at no cost to the Plaintiff ; referred to Judge Myron H. Thompson (dmn) (Entered: 10/14/2003)

Oct. 14, 2003

Oct. 14, 2003

23

ORDER granting [22-1] motion for transcript; the clerk of the court is DIRECTED to arrange for the preparation of the transcript ( signed by Judge Myron H. Thompson ); copies provided to counsel; furnished to CT and DH. (dmn) (Entered: 10/14/2003)

Oct. 14, 2003

Oct. 14, 2003

24

MOTION by David Larry Nelson for H. VICTORIA SMITH to appear Pro Hac Vice; FILING FEE $20.00, RECEIPT #99855 ; referred to Judge Myron H. Thompson (dmn) (Entered: 11/07/2003)

Nov. 6, 2003

Nov. 6, 2003

25

MOTION by David Larry Nelson for MICHAEL KENNEDY MCINTYRE to Appear Pro Hac Vice, FILING FEE $20.00, RECEIPT #99855 ; referred to Judge Myron H. Thompson (dmn) (Entered: 11/07/2003)

Nov. 6, 2003

Nov. 6, 2003

26

ORDER granting [25-1] motion for MICHAEL KENNEDY MCINTYRE to Appear Pro Hac Vice and granting [24-1] motion for H. VICTORIA SMITH to appear Pro Hac Vice ( signed by Judge Myron H. Thompson ); copies provided to counsel. (dmn) (Entered: 11/12/2003)

Nov. 12, 2003

Nov. 12, 2003

REQUEST for Record On Appeal from USCA at the request of the Clerk of the Supreme Court of the United States please promptly forward the record in the referenced case directly to the Clerk of the Supreme Court re:[18-1] appeal by David Nelson (03-15095-P) (ydw) Modified on 01/28/2004 (Entered: 01/28/2004)

Jan. 27, 2004

Jan. 27, 2004

Certified and transmitted Original Papers to Supreme Court of United States: (ydw) Modified on 01/28/2004 (Entered: 01/28/2004)

Jan. 28, 2004

Jan. 28, 2004

ACKNOWLEDGEMENT of RECEIPT of RECORD ON APPEAL from USCA Re: USCA Number: 03-15095-P [18-1 appeal] (ydw) (Entered: 02/10/2004)

Feb. 10, 2004

Feb. 10, 2004

Original Papers (1 volume) Received from USCA re: 03-15095-P, 18 Notice of Appeal. There is no pdf document with this entry (ydw, ) (Entered: 07/26/2004)

July 19, 2004

July 19, 2004

Received copy of USCA Per Curiam re: 03-15095, 18 Appeal, on REMAND FROM THE SUPREME COURT OF THE UNITED STATES that Nelson filed a complaint in the district court. The district court dismissed the complaint for lack of jurisdiction. We affirmed. Nelson v. Campbell, 347F.3d910(11th Cir.2003). The Supreme Court granted certiorari, 540 U.S.1046,124S.Ct.835(2003). Later, the Supreme Court reversed and remanded for further proceedings consistent with its opinion. 541 U.S.___,124 S.Ct.2117 (May 24, 2004). Accordingly, the judgment of the district court is reversed and the case is remanded to the district court for proceedings consistent with the opinion of the Supreme Court. REVERSED and REMANDED. Before ANDERSON, HULL and WILSON, Circuit Judges. (ydw, ) (Entered: 07/26/2004)

July 23, 2004

July 23, 2004

27

Minute Entry for proceedings held before Judge Myron H. Thompson : Telephone Conference held on 8/6/2004. (Court Reporter Mitchell Reisner.) (vmc, ) (Entered: 08/06/2004)

Aug. 6, 2004

Aug. 6, 2004

28

ORDER that another Telephone Conference will be held in this case on 8/18/2004 at 08:30 AM before Honorable Myron H. Thompson. Signed by Judge Myron H. Thompson on 8/6/04. (furn: yg hc sc)(vmc, ) (Entered: 08/06/2004)

Aug. 6, 2004

Aug. 6, 2004

33

Minute Entry for proceedings held before Judge Myron H. Thompson : Telephone Status Conference held on 8/18/2004. (Court Reporter Dee Coker) (vmc, ) (Entered: 08/30/2004)

Aug. 18, 2004

Aug. 18, 2004

29

ORDER that another conference is set for 10/6/2004, at 08:30 AM before Honorable Myron H. Thompson; Respondents are to make arrangements for the conference to be conducted by telephone. Signed by Judge Myron H. Thompson on 8/23/04. (furn: yg hc sc)(vmc, ) (Entered: 08/23/2004)

Aug. 23, 2004

Aug. 23, 2004

30

Per Curiam Opinion received from USCA Eleventh Circuit of Opinion Entered on July 20, 2004. REVERSED and REMANDED (ydw, ) (Entered: 08/23/2004)

Aug. 23, 2004

Aug. 23, 2004

31

USCA JUDGMENT issued as MANDATE OF USCA as to 03-15095-p, 18 Notice of Appeal, filed by David Larry Nelso. Judgment of the district court is REVERSED and REMANDED. (ydw, ) (Entered: 08/23/2004)

Aug. 23, 2004

Aug. 23, 2004

32

ORDER, Judgment, and Decree of the court that the final jugment of this court made and entered on 10/7/03 (Doc. no. 14) is vacated. Signed by Judge Myron H. Thompson on 8/26/04. (vmc, ) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

Case reopened - See Order of 8/26/04 - Doc. #32 (No PDF attached to this document entry)(vmc, ) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

35

NOTICE by Donal Campbell Notice of Withdrawal (Billingsley, Michael) (Entered: 09/22/2004)

Sept. 22, 2004

Sept. 22, 2004

36

Order treating the notice of withdrawal (Doc. #35) as a motion to withdraw attorney; Granting Motion to withdraw Michael D. Billingsley. Signed by Myron H. Thompson(vmc, ) Modified on 9/24/2004 - to correct docket text (vmc, ). Modified on 9/24/2004 to correct file date to 9/24/04 (vmc, ). (Entered: 09/24/2004)

Sept. 24, 2004

Sept. 24, 2004

NOTICE of Docket Text Correction re 36 Order & MOTION to Withdraw as Attorney - Modified on 9/24/2004 - to correct docket text (vmc, ). (No PDF attached)(vmc, ) (Entered: 09/24/2004)

Sept. 24, 2004

Sept. 24, 2004

NOTICE of Docket Text Correction re 36 Order & MOTION to Withdraw as Attorney - to correct file date of order is 9/24/04. (No PDF attached)(vmc, ) (Entered: 09/24/2004)

Sept. 24, 2004

Sept. 24, 2004

*** Attorney Michael B. Billingsley terminated per Order of 9/24/04 Doc. #36. (No PDF attached) (vmc, ) (Entered: 09/24/2004)

Sept. 24, 2004

Sept. 24, 2004

37

Minute Entry for proceedings held before Judge Myron H. Thompson : Telephone Status Conference held on 10/6/2004. (Court Reporter Mitchell Reisner.) (vmc, ) (Entered: 10/06/2004)

Oct. 6, 2004

Oct. 6, 2004

38

Letter from Plaintiff's counsel re: Physician's report and state's protocol for execution. (vmc, ) (Entered: 10/06/2004)

Oct. 6, 2004

Oct. 6, 2004

39

ORDER as follows: Defendants shall not use the "cut-down" procedure on plaintiff; Defendants shall use only one of the following procedures on plaintiff: the peripheral-venous-access procedure, and, if that procedure is not feasible, then the percutaneous-central-venous-access procedure as further set out in order; Status Conference set for 10/20/2004 08:30 AM by telephone before Honorable Myron H. Thompson. Signed by Judge Myron H. Thompson on 10/7/04. (furn: yg hc sc)(vmc, ) (Entered: 10/07/2004)

Oct. 7, 2004

Oct. 7, 2004

40

ORDER Pursuant to the order entered on 10/7/04 (Doc. No. 39), it is Ordered that Honorable David Boyd, 2 Dexter Avenue, Montgomery, AL, 36101, is appointed to assist the court in finding a medical expert for the court; Mr. Boyd, after conferring with counsel for the parties, shall set up a conference call with the court and counsel to discuss how he will proceed; The clerk of the court shall assist Mr. Boyd in obtaining a copy of the file in this case. Signed by Judge Myron H. Thompson on 10/15/04. (vmc, ) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

41

ORDER that the status conference set for today, 10/20/04, is canceled as further set out in order. Signed by Judge Myron H. Thompson on 10/20/04. (vmc, ) (Entered: 10/20/2004)

Oct. 20, 2004

Oct. 20, 2004

42

MOTION to Dismiss by Donal Campbell, Grantt Culliver. (Crenshaw, James) (Entered: 10/29/2004)

Oct. 29, 2004

Oct. 29, 2004

43

ORDER as follows: 1) Defendants' motion to dismiss is treated as a motion for summary judgment; 2)Motion Submission Deadline set for 11/19/2004; 3) Brief due by 11/19/2004. Signed by Judge Myron H. Thompson on 11/2/04. (vmc, ) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

44

Proposed MOTION for Disbursement of Funds for Transcripts by David Larry Nelson. (McIntyre, Michael) (Entered: 11/08/2004)

Nov. 8, 2004

Nov. 8, 2004

45

ORDER granting 44 Motion for Disbursement of Funds for transcripts; The clerk of the court is directed to make arrangements to pay for the transcripts . Signed by Judge Myron H. Thompson on 11/12/04. (vmc, ) (Entered: 11/12/2004)

Nov. 12, 2004

Nov. 12, 2004

TRANSCRIPT of Proceedings - In-Chambers Status Conference held on 10/6/04 before Judge Myron H. Thompson. Court Reporter: Mitchell P. Reisner. (vmc, ) (Entered: 11/15/2004)

Nov. 12, 2004

Nov. 12, 2004

TRANSCRIPT of Proceedings of In-Chambers Status Conference held on 8/6/04 before Judge Myron H. Thompson. Court Reporter: Mitchell P. Reisner. (vmc, ) (Entered: 11/16/2004)

Nov. 15, 2004

Nov. 15, 2004

TRANSCRIPT of Proceedings of telephone conference held on 8/18/04 before Judge Myron H. Thompson. Court Reporter: Dee Coker. (vmc, ) (Entered: 11/17/2004)

Nov. 16, 2004

Nov. 16, 2004

46

MOTION for Extension of Time to File Response/Reply by David Larry Nelson. (McIntyre, Michael) (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

47

ORDER that special master David Boyd is to arrange for an on-the-record status meeting, by Telephone Conference call set for 3/3/2005, 08:30 AM before Honorable Myron H. Thompson; The court would like to discuss where matters are in this case. Signed by Judge Myron H. Thompson on 2/28/05. (furn: yg hc sc)(vmc, ) (Entered: 02/28/2005)

Feb. 28, 2005

Feb. 28, 2005

48

Minute Entry for proceedings held before Judge Myron H. Thompson : Telephone Status Conference held on 3/3/2005. (Court Reporter Reisner.) (vmc, ) (Entered: 03/04/2005)

March 3, 2005

March 3, 2005

49

ORDER that Special Master David Boyd is to file his report on or before 3/17/05. Signed by Judge Myron H. Thompson on 3/7/05. (vmc, ) (Entered: 03/07/2005)

March 7, 2005

March 7, 2005

50

NOTICE by David Boyd of Report on Independent Medical Expert (Attachments: # 1)(Boyd, David) (Entered: 03/17/2005)

March 17, 2005

March 17, 2005

51

MOTION Defendants' Request for Ruling on Summary Judgment Motion by Donal Campbell. (Crenshaw, James) (Entered: 03/18/2005)

March 18, 2005

March 18, 2005

52

ORDER directing counsel for the defs to organize a Telephone Conference call set for 3/24/2005 10:00 AM before Honorable Myron H. Thompson to address issues, as further set out in order. Signed by Judge Myron H. Thompson on 3/22/05. Furnished to YG, HC & SC(djy, ) (Entered: 03/22/2005)

March 22, 2005

March 22, 2005

54

MOTION TO BE EXCUSED FROM CONFERENCE OR TO RESCHEDULE by David Boyd. (Boyd, David) (Entered: 03/29/2005)

March 29, 2005

March 29, 2005

55

ORDER resetting Telephone Conference from 4/7/05 to 4/12/2005 08:30 AM by telephone before Honorable Myron H. Thompson; Counsel for defendants are to arrange for the hearing to be conducted by telephone; Denying as moot 54 MOTION TO BE EXCUSED FROM CONFERENCE OR TO RESCHEDULE filed by David Boyd,. Signed by Judge Myron H. Thompson on 4/5/05. (furn: yg hc sc)(vmc, ) (Entered: 04/05/2005)

April 5, 2005

April 5, 2005

56

Proposed MOTION for Disbursement of Funds for Transcripts by David Larry Nelson. (McIntyre, Michael) (Entered: 04/12/2005)

April 12, 2005

April 12, 2005

57

Minute Entry for proceedings held before Judge Myron H. Thompson : Telephone Conference held on 4/12/2005. (Court Reporter Reisner.) (vmc, ) (Entered: 04/13/2005)

April 12, 2005

April 12, 2005

TRANSCRIPT of Proceedings of In-Chambers Telephone Status Conference held on 4/12/05 before Judge Myron H. Thompson. Court Reporter: Reisner. (vmc, ) (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

58

ORDER granting 56 Motion for Transcript; The clerk of the court is directed to take appropriate arrangements for providing the transcript to counsel for plaintiff at no costs . Signed by Judge Myron H. Thompson on 4/14/05. (vmc, ) (Entered: 04/14/2005)

April 14, 2005

April 14, 2005

Transcript referenced in doc.58 was mailed to counsel for plaintiff. (No PDF attached to this docket entry)(vmc, ) (Entered: 04/15/2005)

April 15, 2005

April 15, 2005

59

RESPONSE to Motion re 42 MOTION to Dismiss filed by David Larry Nelson. (McIntyre, Michael) (Entered: 04/22/2005)

April 22, 2005

April 22, 2005

60

Second AMENDED COMPLAINT for Injunctive and Declaratory Relief (Second) against all defendants, filed by David Larry Nelson. (Attachments: # 1)(McIntyre, Michael) Modified on 4/25/2005 - to correct text to read Second Amended Complaint for Injunctive and Declaratory Relief; instead of Amended Complaint(vmc, ). (Entered: 04/22/2005)

April 22, 2005

April 22, 2005

NOTICE of Docket Text Correction re 60 Amended Complaint - Modified on 4/25/2005 - to correct text to read Second Amended Complaint for Injunctive and Declaratory Relief; instead of Amended Complaint(vmc, )., (No PDF attached to this notice)(vmc, ) (Entered: 04/25/2005)

April 25, 2005

April 25, 2005

61

NOTICE by David Boyd of Report of Special Master Regarding Absence of Conflict of Proposed Medical Expert (Boyd, David) (Entered: 04/25/2005)

April 25, 2005

April 25, 2005

62

NOTICE by David Boyd of Report Regarding Proposed Medical Expert's Request to be Removed From Consideration (Boyd, David) (Entered: 04/27/2005)

April 27, 2005

April 27, 2005

64

ORDER re 63 MOTION to Dismiss Second Amended Complaint filed by Donal Campbell, Motion Submission Deadline set for 5/23/2005, with all briefs due by said date. Signed by Judge Myron H. Thompson on 5/5/05. (vmc, ) (Entered: 05/05/2005)

May 5, 2005

May 5, 2005

NOTICE of Docket Text Correction re 63 MOTION to Dismiss Second Amended Complaint - Create relationship to doc. 60 - second amended complaint (No PDF attached to this notice)(vmc, ) (Entered: 05/12/2005)

May 12, 2005

May 12, 2005

65

RESPONSE to Motion re 63 MOTION to Dismiss Second Amended Complaint filed by David Larry Nelson. (McIntyre, Michael) (Entered: 05/23/2005)

May 23, 2005

May 23, 2005

66

NOTICE by David Boyd of Report of Special Master on Medical Expert (Attachments: # 1 Exhibit A; # 2 Exhibit B; # 3 Exhibit C)(Boyd, David) Modified on 6/17/2005 to identify exhibits (cc, ). (Entered: 06/16/2005)

June 16, 2005

June 16, 2005

67

ORDER denying as moot 46 Motion for Extension of Time to File Response. Signed by Judge Myron H. Thompson on 9/30/05. (ajr, ) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

68

ORDER Setting on-the-record Status Conference for 6/7/2006 08:30 AM by telephone before Honorable Myron H. Thompson as further set out. Signed by Judge Myron H. Thompson on 5/23/06. (furn: yg hc sc ag)(vma, ) (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

69

Minute Entry for on-the-record Telephone STATUS CONFERENCE held before Judge Myron H. Thompson on 6/7/2006. (Court Reporter Mitchell Reisner.) (snc) (Entered: 06/07/2006)

June 7, 2006

June 7, 2006

70

MOTION for Disbursement of Funds for Transcript by David Larry Nelson. (McIntyre, Michael) (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

71

ORDER granting 70 Motion for Transcript. The clerk of the court is directed to make appropriate arrangements for providing the transcript to counsel for plaintiff at no costs . Signed by Judge Myron H. Thompson on 6/13/06. (vma, ) (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

72

ORDER It is Ordered that the party is to file a brief by no later than 6/19/06, indicating (1) the issue and (2) the impact of Hill on the issue. Signed by Judge Myron H. Thompson on 6/13/06. (vma, ) (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

73

ORDER It is Ordered as follows: 1) The report of the special master on medical expert doc. 66 is accepted; 2) Warren Bagley, M.D., is designated as the court's independent medical expert; 3) The court understands the special master to suggest that the instructions to Dr. Bagley should differ, at least, inpart, from those outlined earlier, on 3/22/05 doc. 52, for court court expert; The special master is, therefore, to confer with counsel for all parties and, by no later than 6/28/06, is to submit to the court a proposal as to what specific instructions Dr. Bagley should receive as further set out; 4) Setting an on-the-record Status Conference for 6/29/2006 08:30 AM by telephone before Honorable Myron H. Thompson as further set out in order. Signed by Judge Myron H. Thompson on 6/15/06. (furn: yg hc sc ag)(vma, ) (Entered: 06/15/2006)

June 15, 2006

June 15, 2006

74

BRIEF/MEMORANDUM in Support REGARDING THE DECISION IN HILL V. MCDONOUGH, _____ S.CT. ______, 2006 WL 1584710 (JUNE 12, 2006) filed by David Larry Nelson. (McIntyre, Michael) Modified on 6/20/2006 - to create relationship to doc. 72 order (vma, ). (Entered: 06/19/2006)

June 19, 2006

June 19, 2006

NOTICE of Docket Text Correction re 74 BRIEF/MEMORANDUM in Support, - Modified on 6/20/2006 - to create relationship to doc. 72 order (No PDF attached to this notice)(vma, ) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

75

MOTION to Continue Status Conference by Richard F. Allen. (Crenshaw, James) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

76

ORDER granting 75 MOTION to Continue Status Conference filed by Richard F. Allen; Resetting on-the-record Status Conference from 6/29/06 to 7/6/2006 08:30 AM by telephone before Honorable Myron H. Thompson. Signed by Judge Myron H. Thompson on 6/22/06. (furn: yg hc sc ag)(vma, ) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

Case Details

State / Territory: Alabama

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 6, 2003

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmate at the Holman Correctional Facility in Atmore, Alabama sentenced to death by lethal injection

Attorney Organizations:

Equal Justice Initiative (EJI)

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Alabama Department of Corrections (Atmore), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

None

Issues

Death Penalty:

Lethal Injection - General