Case: Taylor v. Jones

5:05-cv-00825 | U.S. District Court for the Western District of Oklahoma

Filed Date: July 20, 2005

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On July 20, 2005, two death-sentenced inmates of the Oklahoma State Penitentiary in McAlester, Oklahoma, filed a lawsuit under 42 U.S.C. § 1983 against the Oklahoma Department of Corrections in the U.S. District Court for the Western District of Oklahoma. Anderson and Taylor complained to the Court that the lethal injection procedure used by the defendants during executions violated the Constitution by inflicting enormous amounts of pain on the executed prisoner. Specifically, they claimed th…

On July 20, 2005, two death-sentenced inmates of the Oklahoma State Penitentiary in McAlester, Oklahoma, filed a lawsuit under 42 U.S.C. § 1983 against the Oklahoma Department of Corrections in the U.S. District Court for the Western District of Oklahoma. Anderson and Taylor complained to the Court that the lethal injection procedure used by the defendants during executions violated the Constitution by inflicting enormous amounts of pain on the executed prisoner. Specifically, they claimed that the defendants 1) violated medically approved procedures by failing to employ properly trained people to inject the anesthesia, 2) arbitrarily and unnecessarily used drugs and drug dosages that created significant risks that the condemned prisoner would suffer unnecessary pain, 3) used a sequence of drug administration that delays administration of the anesthetic until after the prisoner is dead, 4) delivered the drugs through alternating IV lines, impairing control over the timing and sequence of drug delivery and increasing the risk of drug administration failure. Due to these concerns, the plaintiffs asked the Court to stay their executions and to enjoin the defendants from using the lethal injection procedure that they normally used.

On August 15, 2005, the case was referred to Magistrage Judge Bacharach. On September 6, 2005, the defendants asked the Court to dismiss the plaintiff's complaint, arguing that the Anderson and Taylor had failed to show any likelihood that their claim would succeed at trial. On December 20, 2005, Judge Bacharach filed a report stating that the plaintiffs had demonstrated that they had a viable claim and recommending that the District Court should overrule the defendants' motion to dismiss. On January 11, 2006, the District Court (Judge Stephen P. Friot) adopted the Magistrate's recommendation and overruled the motion to dismiss. Anderson v. Evans, 2006 WL 83093 (W.D.Okla. Jan. 11, 2006).

On December 19, 2006, the parties initiated a settlement conference and sought asistance from the court. On February 22, 2007, the parties held their settlement conference with Magistrate Judge Doyle Argo. On March 6, 2007, the parties entered a joint motion asking the District Court to stay the case and place it in abeyance for a period of one year. We're not sure exactly why the defendants agreed to put off the case for a year, but their motion mentions "recent developments in Plaintiff Anderson's habeas case" and states that neither of the plaintiffs would "face execution during the abeyance period, or for some time thereafter." The District Court agreed to place the lawsuit on hold for a year.

On June 19, 2007, Plaintiff Anderson asked the Court to allow him to withdraw from the case. Apparently, he had been re-sentenced to life in prison without parole, so he was no longer facing execution. On July 10, 2007, the District Court (Judge Friot) allowed Anderson to withdraw from the case, and the case was renamed "Taylor v. Jones."

On June 8, 2009 the United States District Court for the Western District of Oklahoma dismissed the case without prejudice because the remaining named defendant lacked standing. The District Court held that "the Tenth Circuit Court of Appeals reversed the District Court's denial of the plaintiff's writ of habeas corpus and remanded with instructions to grant the writ as to his conviction and execution subject to the State's right to re-try the case within a reasonable time." Accordingly, the District Court found that the issue was moot as to Plaintiff Taylor, which called for a dismissal of the case.

The Docket shows that the case was terminated as of June 8, 2009.

Summary Authors

Kristen Sagar (3/20/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4643053/parties/anderson-v-jones/


Judge(s)

Bacharach, Robert Edwin (Oklahoma)

Friot, Stephen P. (Oklahoma)

Attorneys(s) for Plaintiff

Drummond, James A. (Oklahoma)

McCalmont, Lisa S. (Oklahoma)

Noland, Susan K (Oklahoma)

Attorneys(s) for Defendant

Anderson, Ronald A. (Oklahoma)

Behrens, J Kevin (Oklahoma)

Kirby, Richard W (Oklahoma)

Mann, Richard Neal (Oklahoma)

Metcalfe, Gregory T. (Oklahoma)

Judge(s)

Bacharach, Robert Edwin (Oklahoma)

Friot, Stephen P. (Oklahoma)

Attorneys(s) for Plaintiff

Drummond, James A. (Oklahoma)

McCalmont, Lisa S. (Oklahoma)

Noland, Susan K (Oklahoma)

Attorneys(s) for Defendant

Anderson, Ronald A. (Oklahoma)

Behrens, J Kevin (Oklahoma)

Kirby, Richard W (Oklahoma)

Mann, Richard Neal (Oklahoma)

Metcalfe, Gregory T. (Oklahoma)

Documents in the Clearinghouse

Document

5:05-cv-00825

Docket [PACER]

Anderson v. Jones

June 8, 2009

June 8, 2009

Docket
1

5:05-cv-00825

Complaint

Anderson v. Evans

July 20, 2005

July 20, 2005

Complaint
26

5:05-cv-00825

Defendant's Motion to Dismiss and Brief in Support

Anderson v. Evans

Sept. 6, 2005

Sept. 6, 2005

Pleading / Motion / Brief
43

5:05-cv-00825

Report and Recommendation [re: Motion to Dismiss]

Anderson v. Evans

2005 U.S.Dist.LEXIS 39407

Dec. 20, 2005

Dec. 20, 2005

Order/Opinion
44

5:05-cv-00825

Order [Adopting Report and Recommendation]

Anderson v. Evans

2006 WL 83093, 2006 U.S.Dist.LEXIS 1632

Jan. 11, 2006

Jan. 11, 2006

Order/Opinion
103

5:05-cv-00825

Order [Granting Joint Motion for Abeyance]

Anderson v. Jones

March 6, 2007

March 6, 2007

Order/Opinion
102

5:05-cv-00825

Joint Motion for Abeyance

Anderson v. Jones

March 6, 2007

March 6, 2007

Pleading / Motion / Brief
108

5:05-cv-00825

Advice of Mootness as to Named Plaintiff and Request to Withdraw From Litigation

Anderson v. Jones

June 19, 2007

June 19, 2007

Pleading / Motion / Brief
109

5:05-cv-00825

Order [Granting Anderson's Request to Withdraw]

Anderson v. Jones

July 10, 2007

July 10, 2007

Order/Opinion
139

5:05-cv-00825

Order

Dec. 5, 2008

Dec. 5, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4643053/anderson-v-jones/

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

ECF Number Description Date Link Date / Link
7

REPORT AND RECOMMENDATION recommending that the 2 MOTION for Leave to Proceed in forma pauperis filed by Glenn Anderson and Charles F Taylor be denied and that payment of the filing fee be ordered within twenty days. Objections to R&R due by 8/18/2005. Signed by Judge Robert Bacharach on 7/29/05. (ch, )

July 29, 2005

July 29, 2005

RECAP
1

COMPLAINT against Ernest Godlove, David C Henneke, Ted Logan, Beverly Young, Earnest D Ware, John Doe, Edward L Evans, Mike Mullin, Robert L Rainey, W Mark Luttrell, filed by Glenn Anderson, Charles F Taylor. (Attachments: # 1 Attachment A−Letter from DOC# 2 Attachment B−Letter from DOC# 3 Civil Cover Sheet)(db, ) (Entered: 07/21/2005)

July 20, 2005

July 20, 2005

2

MOTION for Leave to Proceed in forma pauperis by Glenn Anderson, Charles F Taylor. (Attachments: # 1 Attachment A−Anderson# 2 Attachment B−Taylor)(db, ) (Entered: 07/21/2005)

July 20, 2005

July 20, 2005

13

ORDER ADOPTING 7 Report and Recommendation, DENYING as moot 2 Motion for Leave to Proceed in forma pauperis filed by Glenn Anderson, Charles F Taylor. This case remains referred to Magistrate Judge Bacharach. Signed by Judge Stephen P. Friot on 8/15/05. (llg)

Aug. 15, 2005

Aug. 15, 2005

RECAP
43

REPORT AND RECOMMENDATION re 26 MOTION to Dismiss and Brief in Support filed by Edward Evans,, Mike Mullin,, 28 MOTION to Dismiss and Brief in Support filed by Ernest Godlove,, Beverly Young,, David C Henneke,, Robert L Rainey,, W M ark Luttrell,, Ted Logan,, Earnest D Ware, Recommending the Court overrule the Motion to Dismiss. Parties Advisedof their right to object to this RR Objections to R&R due by 1/10/2006. This R & R Terminates the referral To Judge Bacharach.. Signed by Judge Robert Bacharach on 12/20/05. (bf, )

Dec. 20, 2005

Dec. 20, 2005

RECAP
3

Previous cases (db, ) (Entered: 07/21/2005)

July 20, 2005

July 20, 2005

4

ENTRY of Appearance by Lisa S McCalmont on behalf of Glenn Anderson, Charles F Taylor (db, ) (Entered: 07/21/2005)

July 20, 2005

July 20, 2005

5

ENTER ORDER REFERRING CASE to Magistrate Judge Robert Bacharach. By Direction of Judge Stephen P. Friot on 7/21/05. (db, ) (Entered: 07/21/2005)

July 21, 2005

July 21, 2005

6

ORDER REQUIRING SERVICE re 1 Complaint, filed by Glenn Anderson,, Charles F Taylor. Signed by Judge Robert Bacharach on 7/29/05. (ch, ) (Entered: 07/29/2005)

July 29, 2005

July 29, 2005

8

PRAECIPE for by Glenn Anderson. (McCalmont, Lisa) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

Summons Issued as to Defendants Edward L Evans and Mike Mullin. (lb) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

9

Receipt for Money Received from Glenn Anderson and Charles Taylor in the amount of $250.00, Receipt #111656. (lb) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

Docket Annotation: Objections to Report &Recommendation are due by 8/16/05. (ch, ) (Entered: 08/08/2005)

Aug. 8, 2005

Aug. 8, 2005

10

SUMMONS Returned Executed by Glenn Anderson. Edward L Evans served on 8/2/2005, answer due 10/3/2005. (McCalmont, Lisa) (Entered: 08/11/2005)

Aug. 11, 2005

Aug. 11, 2005

11

SUMMONS Returned Executed by Glenn Anderson. Mike Mullin served on 8/3/2005, answer due 10/3/2005. (McCalmont, Lisa) (Entered: 08/11/2005)

Aug. 11, 2005

Aug. 11, 2005

12

OBJECTION TO REPORT AND RECOMMENDATION 7 filed by Glenn Anderson. (McCalmont, Lisa) (Entered: 08/12/2005)

Aug. 12, 2005

Aug. 12, 2005

14

ENTRY of Appearance by J Kevin Behrens on behalf of Edward L Evans, Mike Mullin (Behrens, J) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

15

MOTION for Extension of Time by Edward L Evans, Mike Mullin. (Behrens, J) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

16

ORDER granting 15 Defendants' Motion for Extension of Time. Defendants are granted an additional 10 days, until September 5, 2005 to File their response to Plaintiffs' Complaint.. Signed by Judge Robert Bacharach on 08/25/05. (bf, ) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

17

PRAECIPE for Summonses by Glenn Anderson. (McCalmont, Lisa) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

18

PRAECIPE for Summonses by Glenn Anderson, Charles F Taylor. (McCalmont, Lisa) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

Summons Issued as to Defendants Ernest Godlove, David C Henneke, Ted Logan, Beverly Young, Earnest D Ware, Robert L Rainey and W Mark Luttrell. (lb) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

19

SUMMONS Returned Executed by Glenn Anderson, Charles F Taylor. W Mark Luttrell served on 9/2/2005, answer due 11/1/2005. (McCalmont, Lisa) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

20

SUMMONS Returned Executed by Glenn Anderson, Charles F Taylor. Robert L Rainey served on 9/2/2005, answer due 11/1/2005. (McCalmont, Lisa) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

21

SUMMONS Returned Executed by Glenn Anderson, Charles F Taylor. Earnest D Ware served on 9/2/2005, answer due 11/1/2005. (McCalmont, Lisa) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

22

SUMMONS Returned Executed by Glenn Anderson, Charles F Taylor. Beverly Young served on 9/2/2005, answer due 11/1/2005. (McCalmont, Lisa) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

23

SUMMONS Returned Executed by Glenn Anderson, Charles F Taylor. Ted Logan served on 9/2/2005, answer due 11/1/2005. (McCalmont, Lisa) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

25

SUMMONS Returned Executed by Glenn Anderson, Charles F Taylor. Ernest Godlove served on 9/2/2005, answer due 11/1/2005. (McCalmont, Lisa) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

26

MOTION to Dismiss and Brief in Support by Edward L Evans, Mike Mullin. (Behrens, J) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

27

ENTRY of Appearance by J Kevin Behrens on behalf of Ernest Godlove, David C Henneke, Ted Logan, Beverly Young, Earnest D Ware, Robert L Rainey, W Mark Luttrell (Behrens, J) (Entered: 09/22/2005)

Sept. 22, 2005

Sept. 22, 2005

28

MOTION to Dismiss and Brief in Support by Ernest Godlove, David C Henneke, Ted Logan, Beverly Young, Earnest D Ware, Robert L Rainey, W Mark Luttrell. (Behrens, J) (Entered: 09/22/2005)

Sept. 22, 2005

Sept. 22, 2005

29

RESPONSE in Opposition re 26 MOTION to Dismiss and Brief in Support filed by Glenn Anderson, Charles F Taylor. (Attachments: # 1 Attachment A# 2 Attachment B# 3 Attachment C)(McCalmont, Lisa) (Entered: 09/26/2005)

Sept. 26, 2005

Sept. 26, 2005

30

MOTION for Order Granting Leave to File Reply by Edward L Evans, Mike Mullin. (Behrens, J) (Entered: 09/27/2005)

Sept. 27, 2005

Sept. 27, 2005

31

ORDER granting 30 Defendants' Motion for Order to file a reply in support of their motion to dismiss. Defendants' reply shall be limited to ten (10) pages and is due within ten (10) days of the date of this Order. . Signed by Judge Robert Bacharach on 10/03/05. (bf, ) (Entered: 10/04/2005)

Oct. 3, 2005

Oct. 3, 2005

32

RESPONSE to Motion re 28 MOTION to Dismiss and Brief in Support filed by Glenn Anderson, Charles F Taylor. (Attachments: # 1 Attachment A# 2 Attachment B# 3 Attachment C)(McCalmont, Lisa) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

33

ENTRY of Appearance by Richard W Kirby on behalf of Edward L Evans (Kirby, Richard) (Entered: 10/10/2005)

Oct. 10, 2005

Oct. 10, 2005

34

MOTION for Order Granting Leave to File Reply by Ernest Godlove, David C Henneke, Ted Logan, Beverly Young, Earnest D Ware, Robert L Rainey, W Mark Luttrell. (Behrens, J) (Entered: 10/10/2005)

Oct. 10, 2005

Oct. 10, 2005

35

ORDER granting 34 Motion for Order Granting Leave to File a Reply to Plaintiffs' Opposition to Defendants' Motion to Dismiss. Defendants' Reply shall be limited to 10 pages and is due October 21, 2005. Signed by Judge Robert Bacharach on 10/11/05. (bf, ) (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

36

MOTION for Extension of Time by Edward Evans, Mike Mullin. (Behrens, J) (Entered: 10/13/2005)

Oct. 13, 2005

Oct. 13, 2005

37

ORDER granting 36 Defendants Edward Evans and Mike Mullin's Motion for Extension of Time to File a reply in support of their motion to dismiss. Defendants' reply is due October 21, 2005.. Signed by Judge Robert Bacharach on 10/14/05. (bf, ) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

38

REPLY to Response to Motion re 26 MOTION to Dismiss and Brief in Support , 28 MOTION to Dismiss and Brief in Support filed by Ernest Godlove, David C Henneke, Ted Logan, Beverly Young, Earnest D Ware, Edward Evans, Mike Mullin, Robert L Rainey, W Mark Luttrell. (Behrens, J) (Entered: 10/21/2005)

Oct. 21, 2005

Oct. 21, 2005

39

MOTION to Strike 38 Reply to Response to Motion, or in the alternative, Motion for Leave to File a Sur−Reply by Glenn Anderson, Charles F Taylor. (Attachments: # 1 Attachment A)(McCalmont, Lisa) (Entered: 10/25/2005)

Oct. 25, 2005

Oct. 25, 2005

40

ORDER denying 39 Motion to Strike 39 MOTION to Strike 38 Reply to Response to Motion, Motion for Leave to File a Sur−Reply is granted. The Court Clerk is directed to show the sur−reply, attached to Plaintiffs' motion, as filed on October 28, 2005. . Signed by Judge Robert Bacharach on 10/28/05. (bf, ) (Entered: 10/31/2005)

Oct. 28, 2005

Oct. 28, 2005

42

NOTICE by Glenn Anderson, Charles F Taylor re 41 Surreply, 38 Reply to Response to Motion,, 32 Response to Motion, 26 MOTION to Dismiss and Brief in Support , 29 Response in Opposition to Motion, 28 MOTION to Dismiss and Brief in Support (Attachments: # 1 Attachment A# 2 Attachment B)(McCalmont, Lisa) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

45

STATUS/SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 3/9/2006 09:15 AM in Chambers before Honorable Stephen P. Friot. Status Report due by 3/6/2006. (llg) (Entered: 01/13/2006)

Jan. 13, 2006

Jan. 13, 2006

46

MOTION to Substitute Party by Glenn Anderson, Charles F Taylor. (McCalmont, Lisa) (Entered: 01/13/2006)

Jan. 13, 2006

Jan. 13, 2006

47

ORDER granting 46 Plaintiffs' Unopposed Motion for Substitution of Parties Pursuant to Federal Rule of Civil Procedure 25(d). Justin Jones rep by Richard W Kirby, J Kevin Behrens, and Marty Sirmons rep by J Kevin Behrens added. Edward Evans and Mike Mullin terminated. Signed by Judge Stephen P. Friot on 1/17/06. (llg) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

48

ENTRY of Appearance by J Kevin Behrens on behalf of Justin Jones, Marty Sirmons (Behrens, J) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

49

ENTRY of Appearance by Susan K Noland on behalf of Ernest Godlove, David C Henneke, Ted Logan, Beverly Young, Earnest D Ware, Justin Jones, Marty Sirmons, Robert L Rainey, W Mark Luttrell (Noland, Susan) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

50

ENTRY of Appearance by Richard W Kirby on behalf of Justin Jones, Marty Sirmons (Kirby, Richard) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

51

ANSWER to Complaint with Jury Demand by Ernest Godlove, David C Henneke, Ted Logan, Beverly Young, Earnest D Ware, Justin Jones, Marty Sirmons, Robert L Rainey, W Mark Luttrell.(Behrens, J) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

52

DISCLOSURE STATEMENT − RULE 26 by Ernest Godlove, David C Henneke, Ted Logan, Beverly Young, Earnest D Ware, Justin Jones, Marty Sirmons, Robert L Rainey, W Mark Luttrell. (Behrens, J) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

53

MOTION to Take Deposition from Glenn Anderson and Charles Taylor and Brief in Support by Ernest Godlove, David C Henneke, Ted Logan, Beverly Young, Earnest D Ware, Justin Jones, Marty Sirmons, Robert L Rainey, W Mark Luttrell. (Behrens, J) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

54

MOTION for Order Releasing Medical Examiner's Files and Brief in Support by Ernest Godlove, David C Henneke, Ted Logan, Beverly Young, Earnest D Ware, Justin Jones, Marty Sirmons, Robert L Rainey, W Mark Luttrell. (Attachments: # 1 Exhibit 1− List of Records requested)(Behrens, J) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

56

ORDER Setting Hearing on 54 Defendants' MOTION for Order Releasing Medical Examiner's Files : Motion Hearing set for 2/14/2006 10:30 AM in Courtroom #305 before Honorable Stephen P. Friot. Any response by plaintiffs is due by 2/10/2006. Signed by Judge Stephen P. Friot on 2/2/06. (llg) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

57

RESPONSE to Motion re 54 MOTION for Order Releasing Medical Examiner's Files and Brief in Support filed by Glenn Anderson, Charles F Taylor. (Attachments: # 1 Exhibit 1)(McCalmont, Lisa) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

58

ORDER granting 54 Defendants' Motion for Order Releasing Medical Examiner's Files. Signed by Judge Stephen P. Friot on 2/10/06. (Attachments: # 1 Exhibit 1 − List of Inmates) (llg) (Entered: 02/10/2006)

Feb. 10, 2006

Feb. 10, 2006

59

ENTER ORDER. Status/Scheduling Conference reset for 3/9/2006 01:30 PM in Chambers before Honorable Stephen P. Friot. Entered at the direction of Judge Stephen P. Friot on 2/21/06. (llg) (Entered: 02/21/2006)

Feb. 21, 2006

Feb. 21, 2006

60

JOINT MOTION for Protective Order by Glenn Anderson, Charles F Taylor. (Attachments: # 1 Exhibit 1)(McCalmont, Lisa) (Entered: 02/21/2006)

Feb. 21, 2006

Feb. 21, 2006

61

PROTECTIVE ORDER. Signed by Judge Stephen P. Friot on 2/22/06. (llg) (Entered: 02/22/2006)

Feb. 22, 2006

Feb. 22, 2006

62

JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiffs Glenn Anderson, Charles F Taylor. (McCalmont, Lisa) (Entered: 02/23/2006)

Feb. 23, 2006

Feb. 23, 2006

63

MOTION for Leave to Depose Plaintiffs by Ernest Godlove, David C Henneke, Ted Logan, Beverly Young, Earnest D Ware, Marty Sirmons, Robert L Rainey, W Mark Luttrell. (Behrens, J) (Entered: 02/23/2006)

Feb. 23, 2006

Feb. 23, 2006

64

ORDER Setting Hearing on 63 Defendants' MOTION for Leave to Depose Plaintiffs : Motion Hearing set for 3/3/2006 10:00 AM in Courtroom #305 before Honorable Stephen P. Friot. Any response is due by 12:00 noon on 3/2/2006. Signed by Judge Stephen P. Friot on 2/27/06. (llg) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

65

AMENDED ORDER Resetting Hearing on 63 Defendants' MOTION for Leave to Depose Plaintiffs : Motion Hearing reset for 3/3/2006 09:00 AM in Courtroom #305 before Honorable Stephen P. Friot. Any response is due by 12:00 noon on 3/2/2006. Signed by Judge Stephen P. Friot on 2/27/06. (llg) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

66

RESPONSE in Opposition re 63 MOTION for Leave to Depose Plaintiffs and Motion for a Protective Order filed by Glenn Anderson, Charles F Taylor. (McCalmont, Lisa) (Entered: 03/02/2006)

March 2, 2006

March 2, 2006

67

Minute Entry for proceedings held before Judge Stephen P. Friot: Motion Hearing held on 3/3/2006. 63 Dfts' MOTION for Leave to Depose Plaintiffs is DENIED, w/o prejudice to reassertion at a later stage. 66 Plfs' MOTION for a Protective Order in Response to Dfts' Motion to Depose Plaintiffs is STRICKEN AS MOOT. (Court Reporter Tracy Washbourne.) (llg) (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

68

SCHEDULING ORDER: Motions to join due 8/1/06; Motions to amend due 8/1/06; Pla expert witness list &expert reports due 11/20/06; Dft expert witness list &expert reports due 20 days t/a; Pla witness list due 12/10/06; Pla exhibit list due 12/10/06; Dft witness list due 10 days t/a; Dft exhibit list due 10 days t/a; Motions in limine due 3/23/07; Jury instructions due 3/23/07; Voir dire requests due 3/23/07; Trial briefs due 3/23/07; Proposed Findings of Fact and Conclusions due 3/23/07; Discovery due by 3/15/2007. Jury Trial set for 4/9/2007 09:30 AM in Courtroom #305 before Honorable Stephen P. Friot. Dispositive and Daubert Motions due by 1/1/2007. Pretrial Report due by 3/23/2007. Entered at the direction of Judge Stephen P. Friot on 3/3/06. (llg) (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

69

ENTRY of Appearance by Richard N Mann on behalf of Ernest Godlove, David C Henneke, Ted Logan, Beverly Young, Earnest D Ware, Justin Jones, Marty Sirmons, Robert L Rainey, W Mark Luttrell (Mann, Richard) (Entered: 05/19/2006)

May 19, 2006

May 19, 2006

71

ORDER granting 70 Motion to Withdraw as Counsel of Record. Attorney J Kevin Behrens terminated. Signed by Judge Stephen P. Friot on 5/22/06. (llg) (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

72

ENTRY of Appearance by Gregory T Metcalfe on behalf of Ernest Godlove, David C Henneke, Ted Logan, Beverly Young, Earnest D Ware, Justin Jones, Marty Sirmons, Robert L Rainey, W Mark Luttrell (Metcalfe, Gregory) (Entered: 07/13/2006)

July 13, 2006

July 13, 2006

73

MOTION to Withdraw as Counsel of Record by Ernest Godlove, David C Henneke, Ted Logan, Beverly Young, Earnest D Ware, Justin Jones, Marty Sirmons, Robert L Rainey, W Mark Luttrell. (Noland, Susan) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

74

ORDER granting 73 Motion to Withdraw. Signed by Judge Stephen P. Friot on 7/17/06. (lb) (Entered: 07/17/2006)

July 17, 2006

July 17, 2006

75

ENTRY of Appearance by Janis W Preslar on behalf of MEDICAL EXAMINER (Preslar, Janis) (Entered: 07/27/2006)

July 27, 2006

July 27, 2006

76

MOTION to Quash Subpoena by MEDICAL EXAMINER. (Attachments: # 1 Exhibit 1 − Subpoena# 2 Exhibit 2 − 63 O.S. 949# 3 Exhibit 3 − Order# 4 Exhibit 4 − 1974 Amendments# 5 Exhibit 5 − Medical Examiner 2005 Report# 6 Exhibit 6 − 1991 Amendement (Rule 45))(Preslar, Janis) (Entered: 07/27/2006)

July 27, 2006

July 27, 2006

77

BRIEF IN SUPPORT of Motion to Quash by MEDICAL EXAMINER. (Preslar, Janis) (Entered: 07/27/2006)

July 27, 2006

July 27, 2006

78

ORDER Setting Hearing on 76 The Office of the Chief Medical Examiner's MOTION to Quash Subpoena : Motion Hearing set for 8/9/2006 02:00 PM in Courtroom #305 before Honorable Stephen P. Friot. Plfs' response due by noon on 8/8/2006. Signed by Judge Stephen P. Friot on 7/28/06. (llg) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

79

RESPONSE in Opposition re 76 MOTION to Quash Subpoena filed by Glenn Anderson, Charles F Taylor. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7)(McCalmont, Lisa) (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

80

ENTER ORDER striking as moot 76 The Office of the Chief Medical Examiner's Motion to Quash Subpoena, and striking 8/9/06 hearing. Entered at the direction of Judge Stephen P. Friot on 8/9/06. (llg) (Entered: 08/09/2006)

Aug. 9, 2006

Aug. 9, 2006

81

MOTION to Continue Deadlines by Ernest Godlove, David C Henneke, Ted Logan, Beverly Young, Earnest D Ware, Justin Jones, Marty Sirmons, Robert L Rainey, W Mark Luttrell. (Mann, Richard) (Entered: 10/10/2006)

Oct. 10, 2006

Oct. 10, 2006

82

AMENDED SCHEDULING ORDER granting 81 Defendants' MOTION to Continue Deadlines : Pla expert witness list and expert reports due 1/20/07; Dft expert witness list and expert reports due 20 days t/a; Pla witness list due 2/10/07; Dft witness list due 10 days t/a; Pla exhibit list due 2/10/07; Dft exhibit list due 10 days t/a; Motions in limine due 5/11/07; Jury instructions due 5/11/07; Voir dire requests due 5/11/07; Trial briefs due 5/11/07; Discovery due by 5/15/2007. Jury Trial set for 5/29/2007 09:30 AM in Courtroom #305 before Honorable Stephen P. Friot. Dispositive and Daubert Motions due by 3/1/2007. Pretrial Report due by 5/11/2007. Signed by Judge Stephen P. Friot on 10/11/06. (llg) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

83

MOTION for Protective Order AND REQUEST FOR EXPEDITED RESPONSE AND BRIEF IN SUPPORT by Ernest Godlove, David C Henneke, Beverly Young, Earnest D Ware, Justin Jones, Marty Sirmons, Robert L Rainey, W Mark Luttrell. (Mann, Richard) (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

84

RESPONSE to Motion re 83 MOTION for Protective Order AND REQUEST FOR EXPEDITED RESPONSE AND BRIEF IN SUPPORT filed by Glenn Anderson, Charles F Taylor. (McCalmont, Lisa) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

86

ENTRY of Appearance by Ronald A Anderson on behalf of Justin Jones, Marty Sirmons (Anderson, Ronald) (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

87

JOINT MOTION for Settlement Conference by Glenn Anderson, Charles F Taylor. (McCalmont, Lisa) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

88

ORDER granting 87 Joint Motion for Settlement Conference. Signed by Judge Stephen P. Friot on 12/20/06. (llg) (Entered: 12/20/2006)

Dec. 20, 2006

Dec. 20, 2006

89

ORDER SETTING SETTLEMENT CONFERENCESettlement Conference set for 1/23/2007 09:00 AM in Chambers before Magistrate Judge Doyle W. Argo. Statements due by noon 1/18/07. Signed by Judge Doyle W. Argo on 12/21/06. (sr, ) Modified on 12/22/2006 (sr, ). (Entered: 12/21/2006)

Dec. 21, 2006

Dec. 21, 2006

90

MOTION to Withdraw as Attorney by Justin Jones, Marty Sirmons. (Kirby, Richard) (Entered: 12/27/2006)

Dec. 27, 2006

Dec. 27, 2006

91

NOTICE (other) by Justin Jones, Marty Sirmons re 90 MOTION to Withdraw as Attorney of Withdrawal of Counsel (Kirby, Richard) (Entered: 12/27/2006)

Dec. 27, 2006

Dec. 27, 2006

92

ORDER granting 90 Motion to Withdraw as Attorney. Attorney Richard W Kirby terminated. Signed by Judge Stephen P. Friot on 12/27/06. (llg) (Entered: 12/27/2006)

Dec. 27, 2006

Dec. 27, 2006

93

JOINT MOTION to Continue Deadlines by Glenn Anderson, Charles F Taylor. (McCalmont, Lisa) (Entered: 01/11/2007)

Jan. 11, 2007

Jan. 11, 2007

94

ENTER ORDER By agreement of the parties, the Settlement Conference scheduled in the abovereferenced matter for January 23, 2007, has been rescheduled to February 22, 2007, at 9:00 a.m., with Settlement Conference Statements being due by noon February 16, 2007. All other provisions of the original settlement conference order entered December 21, 2006 remain in effect.re 89 Order Setting Settlement Conference. Signed by Judge Doyle W. Argo on 1/11/07. (sr, ) (Entered: 01/11/2007)

Jan. 11, 2007

Jan. 11, 2007

95

SECOND AMENDED SCHEDULING ORDER granting 93 JOINT MOTION to Continue Deadlines : Pla expert witness list and expert reports due 2/9/07; Dft expert witness list and expert reports due 20 days t/a; Pla witness list due 3/9/07; Dft witness list due 10 days t/a; Pla exhibit list due 3/9/07; Dft exhibit list due 10 days t/a; Motions in limine due 5/11/07; Jury instructions due 5/11/07; Voir dire requests due 5/11/07; Trial briefs due 5/11/07; Discovery due by 5/15/2007. Jury Trial set for 5/29/2007 09:30 AM in Courtroom #305 before Honorable Stephen P. Friot. Dispositive and Daubert Motions due by 3/12/2007. Pretrial Report due by 5/11/2007. Signed by Judge Stephen P. Friot on 1/11/07. (llg) (Entered: 01/11/2007)

Jan. 11, 2007

Jan. 11, 2007

96

MOTION for Writ of Habeas Corpus ad testificandum by Glenn Anderson, Charles F Taylor. (McCalmont, Lisa) (Entered: 01/19/2007)

Jan. 19, 2007

Jan. 19, 2007

97

OBJECTIONS re 96 MOTION for Writ of Habeas Corpus ad testificandum filed by Justin Jones, Marty Sirmons. (Anderson, Ronald) (Entered: 01/22/2007)

Jan. 22, 2007

Jan. 22, 2007

98

MOTION for Leave to File Reply and Reply to Defendants' Opposition to Application for Writ of Habeas Corpus Ad Testificandum by Glenn Anderson, Charles F Taylor. (McCalmont, Lisa) (Entered: 01/22/2007)

Jan. 22, 2007

Jan. 22, 2007

99

Minute Entry for proceedings held before Judge Doyle W. Argo : Telephone Conference regarding Plaintiff's Application for Writ of Habeas Corpus Ad Testificandum Re: Glenn D. Anderson and Charles F. Taylor Doc. No. 96 held on 1/25/2007. Lisa McCalmont apprd for Plf. Ron Anderson and Richard Mann apprd for Dft. A second telephonic hearing is set for 1/29/2007 at 9:00a.m. (bc, ) (Entered: 01/25/2007)

Jan. 25, 2007

Jan. 25, 2007

100

Minute Entry for proceedings held before Judge Doyle W. Argo : Telephone Conference re Continuation of Hearing on Plaintiff's Application for Writ of Habeas Corpus Testificandum Doc. No. 96 held on 1/29/2007. Lisa McCalmont apprd for Plaintiff. Ron Anderson and Richard Mann apprd for Dft. All parties agree that the best location to conduct the Settlement Conference is at the OK State Penitentiary in McAlester,OK. Plaintiff's Application Doc. No. 96 is moot. (bc, ) (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

101

ENTER ORDER The settlement conference was held on February 22, 2007, before Magistrate Judge Doyle Argo. Lisa McCalmont appeared as lead trial counsel for Plaintiffs and Richard Mann appeared as lead trial counsel for Defendants. re 94 Order, 89 Order Setting Settlement Conference. Signed by Judge Doyle W. Argo on 2/26/07. (sr, ) (Entered: 02/26/2007)

Feb. 26, 2007

Feb. 26, 2007

102

JOINT MOTION to Stay Case and Place Case in Abeyance by all parties. (McCalmont, Lisa) (Entered: 03/06/2007)

March 6, 2007

March 6, 2007

103

ORDER granting 102 Joint Motion for Abeyance. This case is placed in abeyance for a period of one year &all pending case ddls are suspended. Either party may move to reactivate the case at any time. If no party reactivates the case, at the end of the one−year period of abeyance, the ct will dismiss this matter. Signed by Judge Stephen P. Friot on 3/6/07. (llg) (Entered: 03/06/2007)

March 6, 2007

March 6, 2007

Case Details

State / Territory: Oklahoma

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: July 20, 2005

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

two death-sentenced inmates of the Oklahoma State Penitentiary in McAlester, Oklahoma

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Oklahoma Department of Corrections (McAlester), 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 - Chemicals Used

Lethal Injection - General

Lethal Injection - Staffing (including physician)