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 attorneys, see: https://www.courtlistener.com/docket/4643053/parties/anderson-v-jones/


Judge(s)

Bacharach, Robert Edwin (Oklahoma)

Friot, Stephen P. (Oklahoma)

Attorney for Plaintiff

Drummond, James A. (Oklahoma)

Attorney for Defendant

Anderson, Ronald A. (Oklahoma)

Behrens, J Kevin (Oklahoma)

Documents in the Clearinghouse

Documents in this case

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

Dec. 20, 2005

Dec. 20, 2005

Order/Opinion

2005 U.S.Dist.LEXIS 39407

44

5:05-cv-00825

Order [Adopting Report and Recommendation]

Anderson v. Evans

Jan. 11, 2006

Jan. 11, 2006

Order/Opinion

2006 WL 83093

102

5:05-cv-00825

Joint Motion for Abeyance

Anderson v. Jones

March 6, 2007

March 6, 2007

Pleading / Motion / Brief
103

5:05-cv-00825

Order [Granting Joint Motion for Abeyance]

Anderson v. Jones

March 6, 2007

March 6, 2007

Order/Opinion
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

Docket

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

Last updated April 6, 2025, 10:56 a.m.

ECF Number Date Description Link
1 July 20, 2005

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)

PACER
2 July 20, 2005

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)

PACER
3 July 20, 2005

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

PACER
4 July 20, 2005

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

PACER
5 July 21, 2005

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)

PACER
6 July 29, 2005

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)

PACER
7 July 29, 2005

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, )

RECAP
8 Aug. 1, 2005

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

PACER
9 Aug. 1, 2005

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

PACER
Aug. 1, 2005

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

PACER
Aug. 8, 2005

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

PACER
10 Aug. 11, 2005

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)

PACER
11 Aug. 11, 2005

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

PACER
12 Aug. 12, 2005

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

PACER
13 Aug. 15, 2005

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)

RECAP
14 Aug. 22, 2005

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

PACER
15 Aug. 22, 2005

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

PACER
16 Aug. 23, 2005

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)

PACER
17 Aug. 23, 2005

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

PACER
18 Aug. 23, 2005

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

PACER
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)

PACER
19 Sept. 2, 2005

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)

PACER
20 Sept. 2, 2005

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)

PACER
21 Sept. 2, 2005

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)

PACER
22 Sept. 2, 2005

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)

PACER
23 Sept. 2, 2005

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)

PACER
25 Sept. 2, 2005

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)

PACER
26 Sept. 6, 2005

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

PACER
27 Sept. 22, 2005

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)

PACER
28 Sept. 22, 2005

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)

PACER
29 Sept. 26, 2005

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)

PACER
30 Sept. 27, 2005

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

PACER
31 Oct. 3, 2005

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)

PACER
32 Oct. 7, 2005

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)

PACER
33 Oct. 10, 2005

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

PACER
34 Oct. 10, 2005

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)

PACER
35 Oct. 11, 2005

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)

PACER
36 Oct. 13, 2005

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

PACER
37 Oct. 14, 2005

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)

PACER
38 Oct. 21, 2005

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)

PACER
39 Oct. 25, 2005

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)

PACER
40 Oct. 28, 2005

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)

PACER
42 Dec. 12, 2005

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)

PACER
43 Dec. 20, 2005

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, )

RECAP
Dec. 20, 2005

Judge Robert Bacharach no longer assigned to case. (llg) (Entered: 12/20/2005)

PACER
44 Jan. 11, 2006

ORDER ADOPTING 43 Report and Recommendation, DENYING 26 Motion to Dismiss filed by Edward Evans, Mike Mullin, DENYING 28 Motion to Dismiss filed by Ernest Godlove, Beverly Young, David C Henneke, Robert L Rainey, W Mark Luttrell, Ted Logan, Earnest D Ware. Case is not re-referred to magistrate judge. Defendants' answer due 2/1/2006. Signed by Judge Stephen P. Friot on 1/11/06. (llg)

RECAP
45 Jan. 13, 2006

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)

PACER
46 Jan. 13, 2006

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

PACER
47 Jan. 17, 2006

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)

PACER
48 Feb. 1, 2006

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

PACER
49 Feb. 1, 2006

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)

PACER
50 Feb. 1, 2006

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

PACER
51 Feb. 1, 2006

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)

PACER
52 Feb. 1, 2006

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)

PACER
53 Feb. 1, 2006

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)

PACER
54 Feb. 1, 2006

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)

PACER
56 Feb. 2, 2006

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)

PACER
57 Feb. 7, 2006

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)

PACER
58 Feb. 10, 2006

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)

PACER
59 Feb. 21, 2006

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)

PACER
60 Feb. 21, 2006

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

PACER
61 Feb. 22, 2006

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

PACER
62 Feb. 23, 2006

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

PACER
63 Feb. 23, 2006

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)

PACER
64 Feb. 27, 2006

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)

PACER
65 Feb. 27, 2006

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)

PACER
66 March 2, 2006

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)

PACER
67 March 3, 2006

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)

PACER
68 March 3, 2006

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)

PACER
69 May 19, 2006

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)

PACER
71 May 22, 2006

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)

PACER
72 July 13, 2006

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)

PACER
73 July 14, 2006

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)

PACER
74 July 17, 2006

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

PACER
75 July 27, 2006

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

PACER
76 July 27, 2006

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)

PACER
77 July 27, 2006

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

PACER
78 July 28, 2006

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)

PACER
79 Aug. 8, 2006

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)

PACER
80 Aug. 9, 2006

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)

PACER
81 Oct. 10, 2006

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)

PACER
82 Oct. 11, 2006

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)

PACER
83 Oct. 13, 2006

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)

PACER
84 Oct. 16, 2006

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)

PACER
86 Nov. 3, 2006

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

PACER
87 Dec. 19, 2006

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

PACER
88 Dec. 20, 2006

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

PACER
89 Dec. 21, 2006

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)

PACER
90 Dec. 27, 2006

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

PACER
91 Dec. 27, 2006

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

PACER
92 Dec. 27, 2006

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)

PACER
93 Jan. 11, 2007

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

PACER
94 Jan. 11, 2007

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)

PACER
95 Jan. 11, 2007

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)

PACER
96 Jan. 19, 2007

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

PACER
97 Jan. 22, 2007

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

PACER
98 Jan. 22, 2007

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)

PACER
99 Jan. 25, 2007

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)

PACER
100 Jan. 29, 2007

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)

PACER
101 Feb. 26, 2007

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)

PACER

Case Details

State / Territory:

Oklahoma

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

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

State

Oklahoma Department of Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Western District of Oklahoma 5:05-cv-00825

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Death Penalty:

Lethal Injection - Chemicals Used

Lethal Injection - General

Lethal Injection - Staffing (including physician)

Recommended Citation