Case: Johnston v. Roper

4:04-cv-01075 | U.S. District Court for the Eastern District of Missouri

Filed Date: Aug. 16, 2004

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On August 16, 2004, Timothy Johnston, a death-sentenced inmate of the Potosi Correctional Center in Mineral Point, Missouri, filed a lawsuit under 42 U.S.C. § 1983 against the Missouri Department of Corrections in the U.S. District Court for the Eastern District of Missouri. Johnston claimed that the defendants were planning to violate his rights by subjecting him to an unnecessary risk of unconstitutional pain and suffering. He claimed that the defendants intended to execute him with drugs t…

On August 16, 2004, Timothy Johnston, a death-sentenced inmate of the Potosi Correctional Center in Mineral Point, Missouri, filed a lawsuit under 42 U.S.C. § 1983 against the Missouri Department of Corrections in the U.S. District Court for the Eastern District of Missouri. Johnston claimed that the defendants were planning to violate his rights by subjecting him to an unnecessary risk of unconstitutional pain and suffering. He claimed that the defendants intended to execute him with drugs that "veterinarians would not use for the euthanasia of cats and dogs," casting a "chemical veil over the excrutiatingly painful effects of death by suffocation and heart attack" and using an "unreliable anesthetic" that would leave him "conscious but trapped in a paralyzed body racked with pain, suffocation, and heart attack." He also claimed that the defendants planned to use "inadequately trained personnel, who use inappropriate equipment and arbitrary drugs and methods" during the lethal injection process. The plaintiff asked the District Court to permanently enjoin the defendants from executing him by the intended means and to declare that the defendants' current method for conducting executions by lethal injection violates the Eighth and Fourteenth Amendments to the U.S. Constitution.

The defendants asked the court to dismiss the claims, arguing that the plaintiff should have raised these claims during his earlier habeas corpus petition. On June 13, 2005, the District Court (Judge Donald J. Stohr) denied their motion to dismiss, finding that this was a separate claim, and that the plaintiff did not have to raise these concerns during his earlier petition.

The plaintiff asked the District Court to force the defendants to submit a list of the names of the individuals who would conduct his execution, arguing that the information was necessary in order to allow him to assess their credentials. The District Court ordered the defendants to produce the names, and on August 15, 2005, the defendants filed a petition for immediate writ of prohibition with the U.S. Court of Appeals for the Eighth Circuit, asking the court to overturn the District Court's order. The defendants argued that if the names were made public, the named individuals would be at great risk of harassment and possibly even physical harm. On August 24, 2005, the Eighth Circuit denied the defendants' request without writing an opinion as to why. The defendants asked them to re-hear the case en banc, and the Eighth Circuit refused.

On August 16, 2005, the defendants asked the District Court for summary judgment, arguing that the plaintiff had not presented evidence of any violation of his rights. Two days later, the plaintiff asked the Court to stay his execution, which was scheduled for August 31, 2005, and to issue a temporary restraining order enjoining the defendants from performing any executions under their existing lethal injection procedures. On August 26, 2005, the District Court (Charles A. Shaw) denied the plaintiff's requests and granted the defendants' motion for summary judgment, finding that the plaintiff had not established any violation of his rights.

The plaintiff appealed, and four days later, the Eighth Circuit (Judges Kermit E. Bye, Gerald W. Heaney, and Pasco M. Bowman) granted him a stay of execution until September 8, 2005, at 12:01 a.m. The defendants asked for an en banc re-hearing of the decision, and on the same day, the case was re-heard by an en banc panel. The en banc panel vacated the stay of execution, and the plaintiff asked the U.S. Supreme Court to review the decision. On the same day, the U.S. Supreme Court refused to delay the execution.

Timothy Johnston was executed by lethal injection at 12:07 a.m. on August 31, 2005.

Summary Authors

Kristen Sagar (9/7/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5474319/parties/johnston-v-crawford/


Judge(s)

Arnold, Morris Sheppard (Arkansas)

Bye, Kermit Edward (North Dakota)

Colloton, Steven M. (Iowa)

Gruender, Raymond W. (Missouri)

Loken, James B. (Minnesota)

Melloy, Michael Joseph (Iowa)

Murphy, Diana E. (Minnesota)

Riley, William Jay (Nebraska)

Shaw, Charles Alexander (Missouri)

Smith, Lavenski R. (Arkansas)

Judge(s)

Arnold, Morris Sheppard (Arkansas)

Bye, Kermit Edward (North Dakota)

Colloton, Steven M. (Iowa)

Gruender, Raymond W. (Missouri)

Loken, James B. (Minnesota)

Melloy, Michael Joseph (Iowa)

Murphy, Diana E. (Minnesota)

Riley, William Jay (Nebraska)

Shaw, Charles Alexander (Missouri)

Smith, Lavenski R. (Arkansas)

Stohr, Donald J. (Missouri)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Gorla, Michael J. (Missouri)

McGraugh, Christopher E. (Missouri)

Attorneys(s) for Defendant

Hawke, Stephen David (Missouri)

McElvein, Denise (Missouri)

Nixon, Jeremiah (Jay) W. (Missouri)

Vasterling, Gail (Missouri)

Documents in the Clearinghouse

Document

Eighth Circuit Docket

U. S. Court of Appeals for the Eighth Circuit

Sept. 1, 2005 Docket

Docket (PACER)

Johnston v. Crawford

Sept. 6, 2005 Docket
1-1

Plaintiff's Original Complaint

Johnston v. Kemper

Aug. 16, 2004 Complaint
9

Memorandum in Support of Defendant's Motion to Dismiss

Johnston v. Kempker

Nov. 15, 2004 Pleading / Motion / Brief
8

Defendants Kempker, Roper, and Purkett's Motion to Dismiss

Johnston v. Kempker

Nov. 15, 2004 Pleading / Motion / Brief
26

Motion for Substitution of Party under Fed.R.Civ.P.25(d)

Johnston v. Kempker

April 28, 2005 Pleading / Motion / Brief
33

Order

Johnston v. Crawford

2005 WL 1474022, 2005 U.S.Dist.LEXIS 45093

June 13, 2005 Order/Opinion
39

Defendants' Answer to Plaintiff's Complaint

Johnston v. Crawford

June 30, 2005 Pleading / Motion / Brief
57-1

Petition for Immediate Writ of Prohibition

Johnston v. Crawford

Aug. 15, 2005 Pleading / Motion / Brief
58

Defendants' Motion for Summary Judgment

Johnston v. Crawford

Aug. 16, 2005 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5474319/johnston-v-crawford/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT against defendant Eastern Reception, Diagnostic & Correctional Center, Missouri Department of Corrections, Potosi Correctional Center Waivers issued 3, Fee paid in the amount of $150, , filed by Timothy Johnston. (Attachments: # 1 Civil Cover Sheet # 2 Original Filing Form)(CDD, ) (Entered: 08/16/2004)

Aug. 16, 2004
33

IT IS HEREBY ORDERED that the motion to dismiss of defendants Kempker, Roper and Purkett [Doc. #8] is denied.IT IS FURTHER ORDERED that plaintiff's unopposed motion for substitution of party under Fed.R.Civ.P. 25(d) [Doc. #26] is granted.IT IS F URTHER ORDERED that, as the current Director of the Missouri Department of Corrections, Larry Crawford is substituted in place of Gary B. Kempker as party-defendant. The Clerk shall reflect the substitution on the docket, and the parties shall henceforth reflect the substitution in the caption of the case. Larry Crawford rep by Denise Garrison McElvein added. Gary B. Kemper terminated, denying 8 Motion to Dismiss Case. Signed by Judge Donald J. Stohr on 6/13/05. (JWJ)

June 13, 2005 RECAP
34

ORDER IT IS HEREBY ORDERED that the motion of Donald J. Hall tointervene and for appointment of counsel [Doc. #29] is denied. Signed by Judge Donald J. Stohr on 6/22/05. (JWJ, )

June 22, 2005 RECAP

WAIVER of Service issued defendant Eastern Reception, Diagnostic & Correctional Center, Missouri Department of Corrections, Potosi Correctional Center. filed by Timothy Johnston. (CDD, ) (Entered: 08/16/2004)

Aug. 16, 2004
37

ORDER IT IS HEREBY ORDERED that plaintiff's motions to compeldefendant Kempker?s (now Crawford's), defendant Roper's and4defendant Purkett's answers to interrogatories [Docs. #14, #15, and#16] are granted in part as follows, and d enied in part.IT IS FURTHER ORDERED that the parties shall conferforthwith and employ their best efforts to formulate a mutuallyacceptable proposed protective order appropriately limiting the useand disclosure of the identities of corrections personn el involvedin executions. Within fourteen (14) days of the date of thisorder, the parties shall file a joint motion for the entry of aprotective order, accompanied by their agreed-upon proposed order.In the event that the parties fail to reach comple te agreement,their joint motion should be accompanied by a proposed orderincluding all the terms to which the parties agree, and the motionshould set forth, for each disputed issue, each party's proposedlanguage.IT IS FURTHER ORDERED that, withi n twenty (20) days ofthe Court's entry of a protective order as contemplated above,defendants shall serve on plaintiff their full and completeresponses to : Interrogatory 1;Interrogatory 2, except as to subpart (k); Interrogatory 3, limited to t he last four Missouri executions; Interrogatory 4, except as to subpart (h) and limited to thelast ten Missouri executions;5 Interrogatory 5, limited to the time period from 2000 topresent; and Interrogatory 6, limited to the last four Missouri executions. Signed by Judge Donald J. Stohr on 6/2/05. (JWJ, )

June 23, 2005 RECAP

Receipt # S2004-009604 in the amount of $150.00 for CIVIL FILING FEE, CIVIL FILING FEE-2ND 1/2 on behalf of GORLA, MICHAEL J.. (CSW,) (Entered: 08/16/2004)

Aug. 16, 2004
73

ORDER IT IS HEREBY ORDERED that plaintiff's motion forcontinuance and postponement of summary judgment decision to permitadequate discovery [Doc. #72] is denied.IT IS FURTHER ORDERED that defendants' motion to fileunder seal [Doc. #71] is granted, and defendants are granted leaveto submit defendant Crawford's original and supplementalinterrogatory answers under seal. Signed by Judge Charles A. Shaw on 8/23/05. (KXS, )

Aug. 23, 2005 RECAP
2

WAIVER OF SERVICE Returned Executed filed by Gary B. Kemper, James Purkett, Donald P. Roper Gary B. Kemper waiver signed on 9/15/2004, answer due 11/15/2004; James Purkett waiver signed on 9/15/2004, answer due 11/15/2004; Donald P. Roper waiver signed on 9/15/2004, answer due 11/15/2004. (McElvein, Denise) (Entered: 09/15/2004)

Sept. 15, 2004
3

ORDER - IT IS THEREFORE HEREBY ORDERED that Senior Judge Stephen N. Limbaugh recuses himself from this action. Signed by Judge Stephen N. Limbaugh on 10/4/04. (ARL) (Entered: 10/04/2004)

Oct. 4, 2004
86

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that plaintiff's motion for temporary restraining order and preliminary injunction is DENIED. IT IS FURTHER ORDERED that defendants' motion for summary judgment is GRANTED. An approp riate judgment will accompany this memorandum and order. re: 58 MOTION for Summary Judgment filed by James Purkett,, Donald P. Roper,, Larry Crawford,, 65 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Timothy Johnston, . Signed by Judge Charles A. Shaw on 8/26/2005. (MRC, )

Aug. 26, 2005 RECAP
87

JUDGMENT - Pursuant to the memorandum and order entered herein this day, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that summary judgment is entered in favor of defendants and against plaintiff on all claims asserted in plaintiff's complaint. . Signed by Judge Charles A. Shaw on 8/26/2005. (MRC, )

Aug. 26, 2005 RECAP
4

ORDER (JGW) IT IS HEREBY ORDERED that this case has been reassigned to the Honorable Donald J. Stohr, United States District Judge. In all future documents filed with the court, please use the following case number: 4:04CV1075 DJS. (ARL) (Entered: 10/05/2004)

Oct. 5, 2004
5

ORDER OF INITIAL DISCOVERY; ORDERED plaintiff(s) shall forthwith serve process or mail waiver of service. ORDERED notwithstanding FRCP 26(d) and (f), any party who has entered an appearance may serve interrogatories and request for production or inspection upon plaintiff at any time and upon any other party after that party's entry of appearance. Parties shall respond to discovery requests w/in 30 days of service of discovery requests. No party may take oral depositions or serve requests for admissions prior to the Court's issuance of a CMO. As permitted by this Order, discovery shall commence immediately. FURTHER ORDERED plaintiff(s) shall serve a copy of this order along w/discovery requests to a party who has not entered an appearance as of the date of this order. Signed by Judge Donald J. Stohr on 10/6/04. (LGK, ) (Entered: 10/06/2004)

Oct. 6, 2004
6

ENTRY of Appearance by Denise Garrison McElvein Defendants Gary B. Kemper, James Purkett, Donald P. Roper. (McElvein, Denise) (Entered: 10/14/2004)

Oct. 14, 2004
7

MOTION for Extension of Time to File Answer re 1 Complaint, by Defendants Gary B. Kemper, James Purkett, Donald P. Roper. (McElvein, Denise) (Entered: 10/14/2004)

Oct. 14, 2004
8

MOTION to Dismiss Case by Defendants Gary B. Kemper, James Purkett, Donald P. Roper. (McElvein, Denise) (Entered: 11/15/2004)

Nov. 15, 2004
9

MEMORANDUM in Support of Motion re 8 MOTION to Dismiss Case filed by Defendants Gary B. Kemper, James Purkett, Donald P. Roper. (McElvein, Denise) (Entered: 11/15/2004)

Nov. 15, 2004
10

MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Dismiss Case by Plaintiff Timothy Johnston. (Gorla, Michael) (Entered: 11/16/2004)

Nov. 16, 2004

Docket Text ORDER re 10: Plaintiff's MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Dismiss Case, GRANTED. Signed by Judge Donald J. Stohr on 11/17/04. (LCL) (Entered: 11/17/2004)

Nov. 17, 2004
11

RESPONSE in Opposition re 8 MOTION to Dismiss Case filed by Plaintiff Timothy Johnston. (Attachments: # 1 Exhibit Plaintiff's Exhibit A)(Gorla, Michael) (Entered: 12/06/2004)

Dec. 6, 2004
12

MOTION for Extension of Time to File Response/Reply as to 11 Response in Opposition to Motion by Defendants Gary B. Kemper, James Purkett, Donald P. Roper. (McElvein, Denise) (Entered: 12/14/2004)

Dec. 14, 2004

Docket Text ORDER: Defendants' Motion for Extension of Time [Doc. #12] is GRANTED, and defendants may reply in support of their motion to dismiss no later than December 20, 2004. Signed by Judge Donald J. Stohr on 12/15/2004. (DKW) (Entered: 12/15/2004)

Dec. 15, 2004
13

REPLY (to termed motion) re 8 MOTION to Dismiss Case filed by Defendants Gary B. Kemper, James Purkett, Donald P. Roper. (Attachments: # 1)(McElvein, Denise) (Entered: 12/20/2004)

Dec. 20, 2004
14

MOTION to Compel Defendant Kempker's Answers to Interrogatories by Plaintiff Timothy Johnston. (Attachments: # 1 Exhibit Exh. 1-McElvein Letter Feb. 4, 2005# 2 Exhibit Exh. 2-Gorla Letter Feb. 10, 2005# 3 Exhibit Exh. 3-Gorla Letter Feb. 18, 2005)(Gorla, Michael) (Entered: 03/03/2005)

March 3, 2005
15

MOTION to Compel Defendant Roper's Answers to Interrogatories by Plaintiff Timothy Johnston. (Attachments: # 1 Exhibit Exh. 1-McElvein Letter Feb. 4, 2005# 2 Exhibit Exh. 2-Gorla Letter Feb. 10, 2005# 3 Exhibit Exh. 3-Gorla Letter Feb. 18, 2005)(Gorla, Michael) (Entered: 03/03/2005)

March 3, 2005
16

MOTION to Compel Defendant Purkett's Answers to Interrogatories by Plaintiff Timothy Johnston. (Attachments: # 1 Exhibit Exh. 1-McElvein Letter Feb. 4, 2005# 2 Exhibit Exh. 2-Gorla Letter Feb. 10, 2005# 3 Exhibit Exh. 3-Gorla Letter Feb. 18, 2005)(Gorla, Michael) (Entered: 03/03/2005)

March 3, 2005
17

MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Compel Defendant Kempker's Answers to Interrogatories , 15 MOTION to Compel Defendant Roper's Answers to Interrogatories , 16 MOTION to Compel Defendant Purkett's Answers to Interrogatories by Defendants Gary B. Kemper, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 03/09/2005)

March 9, 2005

Docket Text ORDER re 17: Defendants' MOTION for Extension of Time to File Response/Reply as to [14, 15 and 16] MOTIONS to Compel, GRANTED. Signed by Judge Donald J. Stohr on 3/10/05. (LCL) (Entered: 03/10/2005)

March 10, 2005
18

RESPONSE in Opposition re 14 MOTION to Compel Defendant Kempker's Answers to Interrogatories filed by Defendant Gary B. Kemper. (Attachments: # 1 Exhibit A# 2 Exhibit B)(McElvein, Denise) (Entered: 03/22/2005)

March 22, 2005
19

RESPONSE in Opposition re 15 MOTION to Compel Defendant Roper's Answers to Interrogatories filed by Defendant Donald P. Roper. (Attachments: # 1 Exhibit A)(McElvein, Denise) (Entered: 03/22/2005)

March 22, 2005
20

RESPONSE in Opposition re 16 MOTION to Compel Defendant Purkett's Answers to Interrogatories filed by Defendant James Purkett. (Attachments: # 1 Exhibit A)(McElvein, Denise) (Entered: 03/22/2005)

March 22, 2005
21

MOTION for Leave to File Additional Authority by Plaintiff Timothy Johnston. (Gorla, Michael) (Entered: 03/25/2005)

March 25, 2005

Docket Text ORDER: Plaintiff's Motion for Leave of Court to File Additional Authority [Doc. #21] is granted. Signed by Judge Donald J. Stohr on 3/28/2005. (DKW) (Entered: 03/28/2005)

March 28, 2005
22

MEMORANDUM in Support of Motion re 14 MOTION to Compel Defendant Kempker's Answers to Interrogatories , 15 MOTION to Compel Defendant Roper's Answers to Interrogatories , 16 MOTION to Compel Defendant Purkett's Answers to Interrogatories filed by Plaintiff Timothy Johnston. (Gorla, Michael) (Entered: 03/31/2005)

March 31, 2005
23

MOTION to Supplement 8 MOTION to Dismiss Case by Defendants Gary B. Kemper, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 04/14/2005)

April 14, 2005
24

Supplemental Memorandum in Support of Motion to dismiss (#8) (McElvein, Denise) Modified on 4/18/2005 (JWJ, ). (Entered: 04/14/2005)

April 14, 2005
25

ORDER granting 23 Motion to Supplement IT IS HEREBY ORDERED that defendants Supplemental Motion To Dismiss is construed as a motion for leave to supplement their earlier filed motion to dismiss, and so construed is granted. IT IS FURTHER ORDERED that the Clerk shall correct the docket entry of doc #24 from motion to supplement, ect to Supplemental Memorandum in support of motion to dimsiss. IT IS FURTHER ORDERED that plaintiff may file a memorandum in response to defendants supplemental memorandum no later than 4/28/05 and defendants may file a reply no later than 5/10/05 Signed by Judge Donald J. Stohr on 4/18/05. (JWJ, ) (Entered: 04/18/2005)

April 18, 2005
26

MOTION to Substitute Party by Plaintiff Timothy Johnston. (Gorla, Michael) (Entered: 04/28/2005)

April 28, 2005
27

RESPONSE in Opposition re 8 MOTION to Dismiss Case - Supplemental Memorandum in Support filed by Plaintiff Timothy Johnston. (Gorla, Michael) (Entered: 04/28/2005)

April 28, 2005
28

REPLY to Response to Motion re 8 MOTION to Dismiss Case filed by Defendants Gary B. Kemper, Donald P. Roper, James Purkett. (Attachments: # 1 Exhibit A)(McElvein, Denise) (Entered: 05/10/2005)

May 10, 2005
30

MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Appoint Counsel MOTION to Intervene by Defendants Gary B. Kemper, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 05/16/2005)

May 16, 2005

Docket Text ORDER re 30: Defendants' MOTION for Extension of Time to May 27, 2005, to File Response/Reply as to 29 MOTION to Intervene, GRANTED. Signed by Judge Donald J. Stohr on 5/17/05. (LCL) (Entered: 05/17/2005)

May 17, 2005

ORDER RECEIPT: (see receipt) Wed May 18 10:10:19 CDT 2005 (LGK, ) (Entered: 05/18/2005)

May 18, 2005

***REMARK - coy of order dated 5/17/04 mailed to Donald Hall at Potosi Correctional Center. (LGK, ) (Entered: 05/18/2005)

May 18, 2005
31

RESPONSE in Opposition re 29 MOTION to Appoint Counsel MOTION to Intervene opposition applies only to 29 Motion to Intervene filed by Defendants Gary B. Kemper, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 05/27/2005)

May 27, 2005
32

REPLY to Response to Motion re 29 MOTION to Intervene filed by Movant Donald J. Hall. (KXS, ) (Entered: 06/08/2005)

June 8, 2005
35

ORDER REQUIRING JOINT PROPOSED SCHEDULING PLAN This case is assigned to Track: Complex Joint Scheduling Plan due by 7/11/2005.. Signed by Judge Donald J. Stohr on 6/22/05. (JWJ, ) (Entered: 06/22/2005)

June 22, 2005
36

MOTION for Extension of Time to File Answer re 1 Complaint, by Defendants Larry Crawford, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 06/22/2005)

June 22, 2005

Docket Text ORDER re 36: Defendants' MOTION for Extension of Time to File Answer re 1 Complaint, GRANTED. Signed by Judge Donald J. Stohr on 6/22/05. (LCL) (Entered: 06/22/2005)

June 22, 2005
38

Joint MOTION for Extension of: Time to File Joint Proposed Scheduling Plan by Defendants Larry Crawford, Donald P. Roper, James Purkett, Plaintiff Timothy Johnston. (McElvein, Denise) (Entered: 06/28/2005)

June 28, 2005

Docket Text ORDER re 38: Joint MOTION for Extension of Time to August 1, 2005 to File Joint Proposed Scheduling Plan, GRANTED. Signed by Judge Donald J. Stohr on 6/29/05. (LCL) (Entered: 06/29/2005)

June 29, 2005
39

ANSWER to Complaint with Jury Demand by Larry Crawford, Donald P. Roper, James Purkett.(McElvein, Denise) (Entered: 06/30/2005)

June 30, 2005
40

MOTION for Extension of Time to File ;Extension to file the following: Joint Motion for Entry of a Protective Order ;Proposed extension date July 25, 2005 by Plaintiff Timothy Johnston. (Gorla, Michael) (Entered: 07/07/2005)

July 7, 2005

Docket Text ORDER re 40: MOTION for Extension of Time to July 25, 2005, to File a Joint Motion for Entry of a Protective Order, GRANTED. Signed by Judge Donald J. Stohr on 7/8/05. (LCL) (Entered: 07/08/2005)

July 8, 2005
41

Joint MOTION for Extension of: Time to File Joint Motion For Protective Order and Draft of Agreed Protective Order by Defendants Larry Crawford, Donald P. Roper, James Purkett, Plaintiff Timothy Johnston. (McElvein, Denise) (Entered: 07/25/2005)

July 25, 2005
42

ORDER IT IS HEREBY ORDERED that the parties' joint motion forextension of time [Doc. #41] is granted. The parties shall filetheir Joint Motion for Protective Order and Agreed Protective Orderno later than August 1, 2005. Signed by Judge Stephen N. Limbaugh on 7/26/05. (KXS, ) (Entered: 07/26/2005)

July 26, 2005
43

JOINT SCHEDULING PLAN by Plaintiff Timothy Johnston.. (Gorla, Michael) (Entered: 08/01/2005)

Aug. 1, 2005
44

Joint MOTION for Protective Order by Defendants Unknown Executioners, Larry Crawford, Donald P. Roper, James Purkett. (Attachments: # 1)(McElvein, Denise) (Entered: 08/01/2005)

Aug. 1, 2005
45

PROTECTIVE ORDER IT IS HEREBY ORDERED that the parties' joint motion forthe entry of a protective order [Doc. #44] is granted and theparties' agreed protective order is approved by the Court subjectto the following limitations. By its approval of the stipulatedprotective order, the Court in no way limits its authority anddiscretion to determine the following: (1) in each instance inwhich a party desires to file any material with the Court underseal, whether or not to permit the material to be filed under seal;(2) the extent to which any confidentiality considerations shall inany way govern the use of any material in any proceedings beforethe Court; and (3) the disposition of sealed Court filings beforeor after termination of these proceedings. Any and all provisionsof the stipulated protective order which conflict with theselimitations are disapproved to the extent that they so conflict. IT IS FURTHER ORDERED that any motion relating to theprotective order shall be subject to the requirements of E.D.Mo.L.R. 3.04(A). Signed by Judge Stephen N. Limbaugh on 8/3/05. (KXS, ) (Entered: 08/03/2005)

Aug. 3, 2005
46

MOTION to Expedite Defendants' Answers to Plaintiff's Interrogatories by Plaintiff Timothy Johnston. (Attachments: # 1)(Gorla, Michael) (Entered: 08/05/2005)

Aug. 5, 2005
47

MOTION to Expedite a Hearing on the Merits by Defendants Larry Crawford, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 08/08/2005)

Aug. 8, 2005
48

MEMORANDUM in Support of Motion re 47 MOTION to Expedite a Hearing on the Merits filed by Defendants Larry Crawford, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 08/08/2005)

Aug. 8, 2005
49

ORDER - IT IS HEREBY ORDERED that plaintiff's motion for order expediting defendants' answers to plaintiff's interrogatories is Granted. Defendant shall no later than August 13, 2005 shall serve on plaintiff their full and complete responses to: [See Order For Complete Details] IT IS FURTHER ORDERED that defendants' motion to expedite a hearing on the merits is Denied. re 47 MOTION to Expedite a Hearing on the Merits filed by James Purkett,, Donald P. Roper,, Larry Crawford,, 46 MOTION to Expedite Defendants' Answers to Plaintiff's Interrogatories filed by Timothy Johnston, . Signed by Judge E. Richard Webber on 8/8/2005. (MRC, ) (Entered: 08/08/2005)

Aug. 8, 2005
51

DECLARATION filed by Defendants Larry Crawford, Donald P. Roper, James Purkett re 48 Memorandum in Support of Motion. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(McElvein, Denise) (Entered: 08/09/2005)

Aug. 9, 2005
52

AFFIDAVIT re 48 Memorandum in Support of Motion by Defendants Larry Crawford, Donald P. Roper, James Purkett. (Attachments: # 1 Affidavit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(McElvein, Denise) (Entered: 08/09/2005)

Aug. 9, 2005
53

MOTION for Reconsideration re 49 Order,, the Part of the Order Requiring Disclosures of the Names of Those who will Carry Out Plaintiff's Lethal Injection by Defendants Larry Crawford, Donald P. Roper, James Purkett. (Attachments: # 1 Affidavit)(McElvein, Denise) (Entered: 08/12/2005)

Aug. 12, 2005
54

ORDER IT IS HEREBY ORDERED that defendant's motion to reconsider[Doc. #53] is denied. Signed by Judge E. Richard Webber on 8/12/05. (JWJ, ) (Entered: 08/12/2005)

Aug. 12, 2005
55

MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) by Plaintiff Timothy Johnston. (Attachments: # 1)(Gorla, Michael) (Entered: 08/15/2005)

Aug. 15, 2005
56

Letter to Judge Stohr from defendant's counsel (KXS, ) (Entered: 08/15/2005)

Aug. 15, 2005
57

Copy of petition for writ of prohibition filed in the Eighth Circuit Court of Appeals (Attachments: # 1 Exhibits) (KXS, ) (Entered: 08/15/2005)

Aug. 15, 2005
58

MOTION for Summary Judgment by Defendants Larry Crawford, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 08/16/2005)

Aug. 16, 2005
59

MEMORANDUM in Support of Motion re 58 MOTION for Summary Judgment and for a Hearing on the Merits filed by Defendants Larry Crawford, Donald P. Roper, James Purkett. (Attachments: # 1 Affidavit Crawford# 2 Affidavit Dershwitz# 3 Exhibit A# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D# 7 Statement of Uncontroverted Material Facts)(McElvein, Denise) (Entered: 08/16/2005)

Aug. 16, 2005
60

MOTION to Expedite Plaintiff's Responses to Defendants' Motion for Summary Judgment by Defendants Larry Crawford, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 08/16/2005)

Aug. 16, 2005
62

LETTER from USCA Appeal #: 05-3228 regarding petition for writ of prohibition being filed.(JWJ, ) (Entered: 08/17/2005)

Aug. 16, 2005
61

RESPONSE in Opposition re 60 MOTION to Expedite Plaintiff's Responses to Defendants' Motion for Summary Judgment filed by Plaintiff Timothy Johnston. (Gorla, Michael) (Entered: 08/17/2005)

Aug. 17, 2005
63

REPLY to Response to Motion re 60 MOTION to Expedite Plaintiff's Responses to Defendants' Motion for Summary Judgment filed by Defendants Larry Crawford, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 08/17/2005)

Aug. 17, 2005
65

MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff Timothy Johnston. (Gorla, Michael) (Entered: 08/18/2005)

Aug. 18, 2005
66

MEMORANDUM in Support of Motion re 65 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Timothy Johnston. (Attachments: # 1 # 2 # 3 # 4)(Gorla, Michael) (Entered: 08/18/2005)

Aug. 18, 2005
67

Appeal Remark USCA Appeal #: 05-3228 (copy of petitioners reply in support of their petition for immediate writ of prohibition) filed in the district court record. (JWJ, ) (Entered: 08/22/2005)

Aug. 19, 2005
69

REASSIGNMENT ORDER (jgw). - IT IS HEREBY ORDERED that the case is transferred to United States District Judge Charles A. Shaw. Judge Donald J. Stohr termed. Case reassigned to Judge Charles A. Shaw for all further proceedings (MRC, ) (Entered: 08/22/2005)

Aug. 19, 2005
68

ORDER IT IS HEREBY ORDERED that an evidentiary hearing ondefendants' motion for summary judgment and plaintiff's motion fortemporary restraining order and preliminary injunction is setbefore the undersigned in Courtroom 12 North at 11:00 a.m. onFriday, August 26, 2005.IT IS FURTHER ORDERED that defendants' motion to expediteplaintiff's responses to defendants' motion for summary judgment[Doc. #60] is granted as follows.IT IS FURTHER ORDERED that plaintiff shall electronicallyfile his memorandum in opposition to the motion for summaryjudgment no later than 3:00 p.m. on Wednesday, August 24, 2005, anddefendants shall electronically file their reply no later than noonon Thursday, August 25, 2005. IT IS FURTHER ORDERED that defendants shallelectronically file their memorandum in opposition to the motionfor temporary restraining order and preliminary injunction no laterthan 3:00 p.m. on Wednesday, August 24, 2005, and plaintiff shallelectronically file his reply no later than noon on Thursday,August 25, 2005. Signed by Judge Charles A. Shaw on 8/22/05. (JWJ, ) (Entered: 08/22/2005)

Aug. 22, 2005
70

RESPONSE in Opposition re 65 MOTION for Temporary Restraining Order and Preliminary Injunction and Further Support of Motion for Summary Judgment filed by Defendants Larry Crawford, Donald P. Roper, James Purkett. (Attachments: # 1 Affidavit Crawford# 2 Affidavit Dershwitz# 3 Exhibit A. Affidavit of Dershwitz# 4 Exhibit B. Affidavit of Dershwitz# 5 Exhibit C. Affidavit of Dershwitz# 6 Exhibit D. Affidavit of Dershwitz# 7 2nd Declaration of Dershwitz)(McElvein, Denise) (Entered: 08/23/2005)

Aug. 23, 2005
71

MOTION to Seal Document by Defendants Larry Crawford, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 08/23/2005)

Aug. 23, 2005
72

MOTION to Continue and Postpone Summary Judgment Decision to Permit Adequate Discovery by Plaintiff Timothy Johnston. (Attachments: # 1)(Gorla, Michael) (Entered: 08/23/2005)

Aug. 23, 2005
74

SUPPLEMENTAL EXHIBIT: Defendant Crawford's Answers to Plaintiff's First Set of Interrogatories. re 70 Response in Opposition to Motion, by Defendant Larry Crawford. FILED UNDER SEAL (MRC, ) (Entered: 08/24/2005)

Aug. 23, 2005
75

SUPPLEMENTAL EXHIBIT: First Supplemental Answers to Plaintiff's First Set of Interrogatories. re 70 Response in Opposition to Motion, by Defendant Larry Crawford. FILED UNDER SEAL (MRC, ) (Entered: 08/24/2005)

Aug. 23, 2005
76

Appeal Remark USCA Appeal #: 05-3228 (copy of Motion for rehearing or rehearing en banc ) filed in the district court record(JWJ, ) (Entered: 08/24/2005)

Aug. 24, 2005
77

MEMORANDUM in Opposition re 58 MOTION for Summary Judgment filed by Plaintiff Timothy Johnston. (Attachments: # 1 # 2)(Gorla, Michael) (Entered: 08/24/2005)

Aug. 24, 2005
83

ORDER of USCA USCA Appeal #: 05-3228 Petition for writ of prohibition has been considered by the Court and is denied.(KXS, ) (Entered: 08/26/2005)

Aug. 24, 2005
78

MOTION for Leave to Attach Affidavits Which Have Been Previously Filed to Plaintiff's Memorandum in Opposition to Defendants' Motion for Summary Judgment by Plaintiff Timothy Johnston. (Attachments: # 1 # 2 # 3 # 4)(Gorla, Michael) (Entered: 08/25/2005)

Aug. 25, 2005
79

REPLY to Response to Motion re 58 MOTION for Summary Judgment filed by Defendants Larry Crawford, Donald P. Roper, James Purkett. (Attachments: # 1 Affidavit Dershwitz# 2 Exhibit A. Affidavit Dershwitz# 3 Exhibit B. Affidavit Dershwitz# 4 Exhibit C. Affidavit Dershwitz# 5 Exhibit D. Affidavit Dershwitz# 6 Declaration of Dershwitz)(McElvein, Denise) (Entered: 08/25/2005)

Aug. 25, 2005
80

MOTION to Seal Document by Defendants Larry Crawford, Donald P. Roper, James Purkett. (McElvein, Denise) (Entered: 08/25/2005)

Aug. 25, 2005
81

REPLY to Response to Motion re 65 MOTION for Temporary Restraining Order and Preliminary Injunction Memorandum in Opposition filed by Plaintiff Timothy Johnston. (Attachments: # 1)(Gorla, Michael) (Entered: 08/25/2005)

Aug. 25, 2005
82

ORDER IT IS HEREBY ORDERED that plaintiff's motion for leave to attach affidavits which havebeen previously filed to plaintiff's memorandum in opposition to defendants' motion for summaryjudgment [Doc. #78] is granted, and the affidavits attached to the motion [Docs. #78.1 through#78.4] will be construed as submitted in support of plaintiff's memorandum in opposition [Doc. #77].IT IS FURTHER ORDERED that defendants' motion to file under seal [Doc. #80] isgranted, and defendants are granted leave to submit defendant Crawford?s original and supplementalinterrogatory answers under seal.Signed by Judge Charles A. Shaw on 8/25/05. (JWJ, ) (Entered: 08/25/2005)

Aug. 25, 2005
84

SUPPLEMENTAL EXHIBIT: Defendant Crawford's Answers To Plaintiff's First Set of Interrogatories re 79 Reply to Response to Motion, by Defendant Larry Crawford. FILED UNDER SEAL (MRC, ) (Entered: 08/26/2005)

Aug. 25, 2005
92

ORDER of USCA USCA Appeal #: 05-3228 Petition for rehearing en banc is denied. Petition for rehearing by the panel also denied. (KXS, ) (Entered: 08/29/2005)

Aug. 25, 2005
88

ORDER - IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis is GRANTED and plaintiff is granted leave to appeal in forma pauperis. re 55 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Timothy Johnston, . Signed by Judge Charles A. Shaw on 8/26/2005. (MRC, ) (Entered: 08/26/2005)

Aug. 26, 2005
91

Minute Entry for proceedings held before Judge Charles A. Shaw : Motion Hearing held on 8/26/2005 re 58 MOTION for Summary Judgment filed by James Purkett,, Donald P. Roper,, Larry Crawford,, 65 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Timothy Johnston,. The court will issue an order (Court Reporter or FTR Gold Operator initials:sue moran.) (FTR Gold yes or no: no.) (proceedings started: 10:00.) (proceedings ended: 12:00.) (JWJ, ) (Entered: 08/29/2005)

Aug. 26, 2005
89

ORIGINAL TRANSCRIPT (Pilot) procedings of Hearing on Motion for Temporary Restraining Order held on 8/26/05 before Judge Charles A. Shaw. Court Reporter: S. Moran. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 08/29/2005)

Aug. 29, 2005
93

NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding 86 Memorandum & Order, 89 Original Transcript was hand delivered to USCA, 87 Judgment, and 88 Order. Notice of Appeal filed on 08/29/05 by Plaintiff Timothy Johnston. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE. SUBMIT FORM A & B TO EIGHTH CIRCUIT CLERKS OFFICE.(CDF). (Entered: 08/30/2005)

Aug. 30, 2005

State / Territory: Missouri

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Aug. 16, 2004

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a death-sentenced inmate of the Potosi Correctional Center in Mineral Point, Missouri

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Missouri Department of Corrections (Mineral Point), 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

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Death Penalty:

Lethal Injection - General