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


Judge(s)

Fogel, Jeremy D. (California)

Attorneys(s) for Plaintiff

Alexander, David T (California)

Grele, John R. (California)

Hawkins, E. Anne (California)

Hile, Norman C. (California)

Kazemi, Ali (California)

Schull, Lisa Marie (California)

Yuhas, George Alan (California)

Attorneys(s) for Defendant

Anderson, Robert R. (California)

Binsacca, Anya M. (California)

Judge(s)

Fogel, Jeremy D. (California)

Attorneys(s) for Plaintiff

Alexander, David T (California)

Grele, John R. (California)

Hawkins, E. Anne (California)

Hile, Norman C. (California)

Kazemi, Ali (California)

Schull, Lisa Marie (California)

Yuhas, George Alan (California)

Attorneys(s) for Defendant

Anderson, Robert R. (California)

Binsacca, Anya M. (California)

Cattermole, Austin Jacobs (California)

Gillette , Dane R. (California)

Grunder, Frances T. (California)

Lockyer, Bill (California)

Wolff, Jonathan L. (California)

Documents in the Clearinghouse

Document

Docket (PACER)

Oct. 2, 2006 Docket
15

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

2004 WL 231325

Feb. 6, 2004 Order/Opinion
21

Motion to Dismiss

April 23, 2004 Pleading / Motion / Brief

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

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)

Feb. 2, 2004

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

Feb. 2, 2004
2

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)

Feb. 2, 2004
3

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)

Feb. 2, 2004

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

Feb. 2, 2004
5

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

Feb. 2, 2004
6

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)

Feb. 2, 2004

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

Feb. 2, 2004
7

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)

Feb. 2, 2004

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

Feb. 2, 2004
8

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)

Feb. 3, 2004
9

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)

Feb. 3, 2004
10

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

Feb. 4, 2004
11

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)

Feb. 4, 2004
12

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

Feb. 4, 2004
13

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

Feb. 4, 2004
14

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)

Feb. 5, 2004
15

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)

Feb. 6, 2004
16

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)

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)

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)

Feb. 6, 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)

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)

Feb. 9, 2004
18

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)

Feb. 23, 2004
19

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)

Feb. 25, 2004
20

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

April 23, 2004
21

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)

April 23, 2004
22

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)

April 23, 2004
23

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)

April 23, 2004
24

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)

May 28, 2004
25

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)

May 28, 2004
26

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)

June 2, 2004
27

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

July 7, 2004
29

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)

July 30, 2004
30

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)

Aug. 2, 2004
31

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)

Aug. 16, 2004
32

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

Aug. 23, 2004
33

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

Oct. 14, 2004
34

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)

Oct. 21, 2004
35

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)

Dec. 20, 2004
36

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)

Aug. 11, 2005
37

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)

Aug. 12, 2005

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)

Oct. 2, 2006

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

California Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Death Penalty:

Lethal Injection - General