Case: Walker v. Johnson

1:05-cv-00934 | U.S. District Court for the Eastern District of Virginia

Filed Date: Aug. 10, 2005

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On August 10, 2005, Darick Demorris Walker, a death-sentenced prisoner of the State of Virginia, filed a lawsuit under 42 U.S.C. § 1983 against the Virginia Department of Corrections in the U.S. District Court for the Eastern District of Virginia. Walker, who was scheduled to be executed by lethal injection, asked the court for declaratory and injunctive relief, complaining that the lethal injection procedures used by the defendants would violate his constitutional rights by subjecting him to …

On August 10, 2005, Darick Demorris Walker, a death-sentenced prisoner of the State of Virginia, filed a lawsuit under 42 U.S.C. § 1983 against the Virginia Department of Corrections in the U.S. District Court for the Eastern District of Virginia. Walker, who was scheduled to be executed by lethal injection, asked the court for declaratory and injunctive relief, complaining that the lethal injection procedures used by the defendants would violate his constitutional rights by subjecting him to a high risk of great pain and suffering in violation of the Eighth Amendment's prohibition of cruel and unusual punishment. Specifically, he argued that the drugs used by the defendants would not properly anesthetize him, allowing him to feel the excrutiating pain caused by the potassium chloride injection. He also argued that the use of the paralytic agent pancuronium bromide was arbitrary and unreasonable because it risked the infliction of torture, causing the executed to suffocate due to the inability to use his lungs.

The District Court held a hearing on May 5, 2006, and on September 11, 2006, the Court (Judge Claude M. Hilton) denied the plaintiff's request and dismissed the complaint, finding that the plaintiff had not demonstrated any substantial risk of harm resulting from the lethal injection procedure and that the defendants had not deliberately disregarded any risks to his rights. Walker v. Johnson, 448 F.Supp.2d 719 (E.D.Va. 2006).

Our Pacer docket, which as accurate as of September 17, 2007, says that the case is closed, and Walker remains on Virginia's death row.

Summary Authors

Kristen Sagar (9/17/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4535917/parties/walker-v-johnson/


Judge(s)

Hilton, Claude M. (Virginia)

Jones, Thomas Rawles Jr. (Virginia)

Attorneys(s) for Plaintiff

Anderson, Coale Parker (Virginia)

Donovan, David P. (Virginia)

Englund , Lara A. (District of Columbia)

Attorneys(s) for Defendant

Vorhis, Richard Carson (Virginia)

Other Attorney(s)

Active

Active

Active

Judge(s)

Hilton, Claude M. (Virginia)

Jones, Thomas Rawles Jr. (Virginia)

Attorneys(s) for Plaintiff

Anderson, Coale Parker (Virginia)

Donovan, David P. (Virginia)

Englund , Lara A. (District of Columbia)

Attorneys(s) for Defendant

Vorhis, Richard Carson (Virginia)

Other Attorney(s)

Casway, Howard Martin (Virginia)

Thro, William Eugene (Virginia)

Wong, Daniel (Nevada)

Documents in the Clearinghouse

Document

1:05-cv-00934

Docket [PACER]

Oct. 30, 2006

Oct. 30, 2006

Docket
115

1:05-cv-00934

Order

448 F.Supp.2d 719

Sept. 11, 2006

Sept. 11, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4535917/walker-v-johnson/

Last updated July 22, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

PRISONER COMPLAINT against Gene M. Johnson, George M. Hinkle, William Page True, Jr. Filing fee $250.00, receipt number 300 79464., filed by Darick Demorris Walker.(tdai, ) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

PACER
2

MEMORANDUM ORDER that the plaintiff, a Virginia state inmate sentenced to death filed the present action under 42 U.S.C. Section 1983 challenging the proposed method of his execution by Virginia. In the Eastern District of Virginia, all new submissions by a prisoner are assigned to the same judge who presided over the inmate's prior actions. Walker's prior actions, including challenges to his sentence of death, are assigned to the Honorable Claude M. Hilton in the Alexandria Division. Accordingly, it is ORDERED that the action is hereby transferred to the United States District Court for the Eastern District of Virginia, Alexandria Division. The Clerk is directed to transfer all of the pleadings filed in this case and a copy of the docket sheet to the USDC, EDVA, Alexandria Division. Copies mailed: yes as directed. Signed by Judge Richard L. Williams on 8/11/05. (tdai, ) (Entered: 08/11/2005)

Aug. 11, 2005

Aug. 11, 2005

PACER
3

SCHEDULING ORDER: Initial Pretrial Conference set for 9/14/2005 10:00 AM before Magistrate Judge T. Rawles Jones, Jr. Final Pretrial Conference set for 12/15/2005 10:00 AM before Honorable District Claude M. Hilton. Discovery due by 12/9/2005.. Signed by Judge Claude M. Hilton on 09/01/05. (kbar, ) Modified text on 9/8/2005 (klau, ). (Entered: 09/02/2005)

Sept. 1, 2005

Sept. 1, 2005

PACER
4

ORDER, upon a telephone conference call with both counsel; ORDERED that the FRCP 16(b)pretrial conference ordered to be held on September 14, 2005 at 10:00 a.m. is hereby continued to November 2, 2005, at 10:00 a.m. and the parties shall proceed on the following schedule: Counsel for Defts Johnson, Hinkle and Trus shall complete and return the waiver of service of summons by September 19, 2005; Counsel for Defts shall have until October 13, 2005, to file a motion to dismiss, if appropriate, and shall by overnight delivery service furnish to Pltfs counsel a copy; Counsel for Pltf shall have until October 21, 2005, to file a response thereto and shall, by overnight delivery service, furnish a copy thereof to counsel for defts; Counsel for Defts shall have until October 26, 2005, to file a reply thereto and shall, by overnight delivery service, furnish a copy thereof to counsel for Pltf; This matter is hereby set to be heard upon motions on October 28, 2005 at 10:00 a.m. Signed by Judge Thomas Rawles Jones Jr. on 9/14/05. Copies mailed; yes(jwhe, ) (Entered: 09/15/2005)

Sept. 14, 2005

Sept. 14, 2005

PACER
5

WAIVER OF SERVICE Returned Executed as to Gene M. Johnson waiver sent on 8/17/2005, answer due 10/17/2005; George M. Hinkle waiver sent on 8/17/2005, answer due 10/17/2005; William Page True, Jr waiver sent on 8/17/2005, answer due 10/17/2005. (jwhe, ) (Entered: 09/19/2005)

Sept. 15, 2005

Sept. 15, 2005

PACER
6

MOTION to Dismiss by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

PACER
7

Memorandum in Support of 6 MOTION to Dismiss filed by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

PACER
8

CONSENT MOTION for Leave for David P. Donovan to Withdraw as Counsel by Darick Demorris Walker. (jwhe, ) (Entered: 10/13/2005)

Oct. 13, 2005

Oct. 13, 2005

PACER
9

ORDER granting 8 Consent Motion for Leave for David P. Donovan to Withdraw as Counsel. Attorney David P. Donovan terminated . Signed by Judge Claude M. Hilton on 10/14/05. Copies mailed; 10/17/05 (jwhe, ) (Entered: 10/17/2005)

Oct. 14, 2005

Oct. 14, 2005

PACER
10

MOTION for Leave to File Memorandum of Points and Authorities in Opposition to Defendant's Motion to Dismiss One Day Out of Time by Darick Demorris Walker. (jwhe, ) (Entered: 10/24/2005)

Oct. 24, 2005

Oct. 24, 2005

PACER
11

DECLARATION of Eric R. Columbus in Support of 10 MOTION for Leave to File Memorandum of Points and Authorities in Opposition to Defendant's Motion to Dismiss One Day Out of Time . (jwhe, ) (Entered: 10/24/2005)

Oct. 24, 2005

Oct. 24, 2005

PACER
12

REPLY to Response to Motion re 6 MOTION to Dismiss filed by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (clar, ) (Entered: 10/27/2005)

Oct. 26, 2005

Oct. 26, 2005

PACER
13

ORDER for Pro hac vice of Hannah Anne Stires Ard Filing fee $ 50, receipt number 100 283763. Signed by Judge Claude M. Hilton on 10/26/05. Copies mailed; 10/28/05(jwhe, ) (Entered: 10/28/2005)

Oct. 26, 2005

Oct. 26, 2005

PACER
14

ORDER denying 6 Motion to Dismiss . Signed by Judge Claude M. Hilton on 10/28/05. (nhall, ) (Entered: 11/01/2005)

Oct. 28, 2005

Oct. 28, 2005

PACER
15

DISCOVERY PLAN pursuant to Rule 26(f) by Darick Demorris Walker, Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/01/2005)

Nov. 1, 2005

Nov. 1, 2005

PACER
16

MOTION for Reconsideration of 14 Order dated 10/28/05 by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/09/2005)

Nov. 9, 2005

Nov. 9, 2005

PACER
17

Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that copies of all non-dispositive motions and all papers relating to such motions shall be delivered directly to the chambers of the undersigned magistrate judge when the originals are filed with the clerk (see order for details). Signed by Judge Thomas Rawles Jones Jr. on 11/9/05. Copies mailed; yes(jwhe, ) (Entered: 11/10/2005)

Nov. 9, 2005

Nov. 9, 2005

PACER
18

ANSWER to Complaint by Gene M. Johnson, George M. Hinkle, William Page True, Jr.(nhall, ) (Entered: 11/14/2005)

Nov. 14, 2005

Nov. 14, 2005

PACER
19

JOINT MOTION to Alter Mandatory Discovery Disclosures by Darick Demorris Walker, Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/16/2005)

Nov. 15, 2005

Nov. 15, 2005

PACER
20

Memorandum in Support of 16 MOTION for Reconsideration of 14 Order filed by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/16/2005)

Nov. 15, 2005

Nov. 15, 2005

PACER
21

JOINT MOTION for Briefing Schedule on Defendants' Motion for Reconsideration by Darick Demorris Walker, Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/17/2005)

Nov. 16, 2005

Nov. 16, 2005

PACER
22

CONSENT ORDER granting 19 Joint Motion to Alter Mandatory Discovery Disclosures and mandatory disclosures under FRCP 26(a)(2) will be governed according to the following schedule: January 3, 2006 - Submission of Rule 26(a)(2) Expert Disclosures by both parties, January 13, 2006 - Submission of Rule 26(a)(2) Rebuttal Expert Disclosures by both parties. Signed by Judge Thomas Rawles Jones Jr. on 11/17/05. Copies mailed; yes (jwhe, ) (Entered: 11/17/2005)

Nov. 17, 2005

Nov. 17, 2005

PACER
23

CONSENT ORDER granting 21 Joint Motion for Briefing Schedule on Defendants' Motion for Reconsideration and briefing will be governed according to the following schedule: November 23, 2005 - Plaintiff's Opposition to Defendants' Motion for Reconsideration, November 30, 2005 - Defendants' Reply in Support of Defendants' Motion for Reconsideration. Signed by Judge Claude M. Hilton on 11/17/05. Copies mailed; 11/17/05 (jwhe, ) (Entered: 11/17/2005)

Nov. 17, 2005

Nov. 17, 2005

PACER
24

MOTION for Certification as an Interlocutory Appeal by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/23/2005)

Nov. 22, 2005

Nov. 22, 2005

PACER
25

MOTION to Stay Pending Appeal by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/23/2005)

Nov. 22, 2005

Nov. 22, 2005

PACER
26

Memorandum in Support of 25 MOTION to Stay Pending Appeal, 24 MOTION for Certification as an Interlocutory Appeal filed by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/23/2005)

Nov. 22, 2005

Nov. 22, 2005

PACER
27

Memorandum in Opposition to 16 MOTION for Reconsideration re 14 Order on Motion to Dismiss filed by Darick Demorris Walker. (agil) (Entered: 11/25/2005)

Nov. 23, 2005

Nov. 23, 2005

PACER
28

MOTION for Protective Order pursuant to FRCP 26(C) by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/28/2005)

Nov. 23, 2005

Nov. 23, 2005

PACER
29

MOTION to file document Under Seal pursuant to Local R.5 by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/28/2005)

Nov. 23, 2005

Nov. 23, 2005

PACER
30

Memorandum in Support of 28 MOTION for Protective Order pursuant to FRCP 26(C), 29 MOTION to file document Under Seal pursuant to Local R.5 filed by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 11/28/2005)

Nov. 23, 2005

Nov. 23, 2005

PACER
31

NOTICE of Hearing on 28 MOTION for Protective Order pursuant to FRCP 26(C), 29 MOTION to file document Under Seal pursuant to Local R.5 (jwhe, ) (Entered: 11/28/2005)

Nov. 23, 2005

Nov. 23, 2005

PACER
32

NOTICE of Hearing on Motion 25 MOTION to Stay Pending Appeal, 24 MOTION for Certification as an Interlocutory Appeal: Motion Hearing set for 12/9/2005 10:00 AM before Honorable District Judge Claude M. Hilton (clar, ) (Entered: 11/30/2005)

Nov. 29, 2005

Nov. 29, 2005

PACER
33

Reply to 27 Opposition to Defendants' Motion to Reconsider filed by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (klau, ) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

PACER
34

Memorandum of points and authorities in Opposition to 25 MOTION to Stay Pending Appeal, 24 MOTION for Certification as an Interlocutory Appeal filed by Darick Demorris Walker. (clar, ) (Entered: 12/05/2005)

Dec. 2, 2005

Dec. 2, 2005

PACER
35

MOTION to Compel production of documents by Darick Demorris Walker. (clar, ) (Entered: 12/05/2005)

Dec. 2, 2005

Dec. 2, 2005

PACER
36

Memorandum in Support of 35 MOTION to Compel production of documents filed by Darick Demorris Walker. (clar, ) (Entered: 12/05/2005)

Dec. 2, 2005

Dec. 2, 2005

PACER
37

NOTICE of Hearing on Motion 35 MOTION to Compel production of documents: Motion Hearing set for 12/9/2005 10:00 AM before Magistrate Judge Thomas Rawles Jones Jr.. (clar, ) (Entered: 12/05/2005)

Dec. 2, 2005

Dec. 2, 2005

PACER
38

Memorandum in Opposition to 28 MOTION for Protective Order pursuant to FRCP 26(C), 29 MOTION to file document Under Seal pursuant to Local R.5 filed by Darick Demorris Walker. (clar, ) (Entered: 12/06/2005)

Dec. 5, 2005

Dec. 5, 2005

PACER
39

Reply to 24 MOTION for Certification as an Interlocutory Appeal filed by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (clar, ) (Entered: 12/07/2005)

Dec. 7, 2005

Dec. 7, 2005

PACER
40

ORDER granting appearance Pro hac vice of Eric Randal Columbus Filing fee $ 50, receipt number 100 184618. Signed by Judge Claude M. Hilton on 12/8/05. (nhall, ) (Entered: 12/12/2005)

Dec. 8, 2005

Dec. 8, 2005

PACER
41

ORDERED, for reasons stated from the bench, the court has found that the documents referred to as DOP 426 contains confidential and sensitive information which should not be made public; and that there are no available alternatives less drastic than sending the document. It is accordlingly, ORDERED that all copies and versions of DOP426 shall maintained UNDER SEAL until further order of the court. . Signed by Judge Thomas Rawles Jones Jr. on 12/09/2005. (dtro, ) (Entered: 12/14/2005)

Dec. 9, 2005

Dec. 9, 2005

PACER
44

PROTECTIVE ORDER re: handling and labeling of confidential materials (see order for details). Signed by Judge Thomas Rawles Jones Jr. on 12/9/05. Copies mailed; 12/15/05(jwhe, ) (Entered: 12/15/2005)

Dec. 9, 2005

Dec. 9, 2005

PACER
42

SECOND JOINT MOTION to alter mandatory discovery disclosures by Darick Demorris Walker, Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 12/14/2005)

Dec. 14, 2005

Dec. 14, 2005

PACER
43

DISCOVERY ORDER granting in part 35 Motion to Compel production of documents (see order for details). Signed by Judge Thomas Rawles Jones Jr. on 12/14/05. Copies mailed; yes (jwhe, ) (Entered: 12/15/2005)

Dec. 14, 2005

Dec. 14, 2005

PACER
45

ORDER granting 42 Second Joint MOTION to alter mandatory discovery disclosures: January 3, 2006 - Submission of Rule 26(a)(2) Expert Disclosures by both parties, January 3, 2006 - Submission of Rule 26(a)(2) Rebuttal Expert Disclosures by both parties, January 24, 2006 - Completion of expert depositions. Signed by Judge Thomas Rawles Jones Jr. on 12/16/05. Copies mailed; yes (jwhe, ) (Entered: 12/16/2005)

Dec. 16, 2005

Dec. 16, 2005

PACER
46

ORDERED that Defendants' 16 Motion for Reconsideration is granted in part, that Plaintiff's 1983 claim challenging the types of drugs used during the lethal injuction and the way in which those drugs are administered states a claim, and denied in part, that all of the other claims by Plaintiff fail to state a claim under 1983 and are DISMISSED, Furthermore, Defendants' 24 Motion for Certification as an Interlocutory Appeal and 25 Motion to Stay the Proceedings are DENIED . Signed by Judge Claude M. Hilton on 12/20/05. Copies mailed; 12/22/05 (jwhe, ) (Entered: 12/22/2005)

Dec. 20, 2005

Dec. 20, 2005

PACER
47

Emergency MOTION for supplementary relief pursuant to Fed. R. Civ.P. 34 and Local Civil Rule 37(D) for failure to comply with court order by Darick Demorris Walker (clar, ) (Entered: 12/28/2005)

Dec. 28, 2005

Dec. 28, 2005

PACER
48

Memorandum in Support of 47 Emergency MOTION for supplementary relief pursuant to Fed. R. Civ.P. 34 and Local Civil Rule 37(D) for failure to comply with court order filed by Darick Demorris Walker (clar, ) (Entered: 12/28/2005)

Dec. 28, 2005

Dec. 28, 2005

PACER
49

NOTICE of Hearing on Motion 47 Emergency MOTION for supplementary relief pursuant to Fed. R. Civ.P. 34 and Local Civil Rule 37(D) for failure to comply with court order: Motion Hearing set for 12/30/2005 10:00 AM before Magistrate Judge Thomas Rawles Jones Jr. (clar, ) (Entered: 12/28/2005)

Dec. 28, 2005

Dec. 28, 2005

PACER
50

MOTION to Compel production of documents by Darick Demorris Walker (clar, ) (Entered: 01/03/2006)

Dec. 30, 2005

Dec. 30, 2005

PACER
51

Memorandum in Support of 50 MOTION to Compel production of documents filed by Darick Demorris Walker (clar, ) (Entered: 01/03/2006)

Dec. 30, 2005

Dec. 30, 2005

PACER
52

NOTICE of Hearing on Motion 50 MOTION to Compel production of documents: Motion Hearing set for 1/6/2006 10:00 AM before Magistrate Judge Thomas Rawles Jones Jr. (clar, ) (Entered: 01/03/2006)

Dec. 30, 2005

Dec. 30, 2005

PACER
53

Supplementary memorandum in support of pltf's emergency motion for supplementary relief pursuant to Fed. R. Civ. P. 37 and Local Civil Rule 37(D) for failure to comply with court order (styed as) (docketed as Withdraw of Motion) by Darick Demorris Walker (clar, ) (Entered: 01/03/2006)

Dec. 30, 2005

Dec. 30, 2005

PACER
54

ORDERED, that the pltf's motion, treated as a motion for leave to propound an interrogatory,is granted to the extent stated from the bench. Signed by Judge Thomas Rawles Jones Jr. on 01/06/2006. (dtro, ) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

PACER
55

MOTION to Quash by Office of the Chief Medical Examiner. (jwhe, ) (Entered: 01/09/2006)

Jan. 6, 2006

Jan. 6, 2006

PACER
56

MOTION in Opposition to 50 MOTION to Compel filed by Office of the Chief Medical Examiner. (jwhe, ) (Entered: 01/09/2006)

Jan. 6, 2006

Jan. 6, 2006

PACER
57

MOTION for Protective Order by Nevada Department of Corrections. (jwhe, ) (Entered: 01/18/2006)

Jan. 17, 2006

Jan. 17, 2006

PACER
58

RESPONSE to 57 MOTION for Protective Order filed by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

PACER
59

MOTION to Compel the Virginia Department of Corrections to comply with its obligations under Rule 30(b)(6) by Darick Demorris Walker. (jwhe, ) (Entered: 01/23/2006)

Jan. 20, 2006

Jan. 20, 2006

PACER
60

MOTION to Compel the deposition of the Execution Team Leader by Darick Demorris Walker. (jwhe, ) (Entered: 01/23/2006)

Jan. 20, 2006

Jan. 20, 2006

PACER
61

Memorandum in Support of 59 MOTION to Compel the Virginia Department of Corrections to comply with its obligations under Rule 30(b)(6), 60 MOTION to Compel the deposition of the Execution Team Leader filed by Darick Demorris Walker. (LARGE PLEADING) (jwhe, ) (Entered: 01/23/2006)

Jan. 20, 2006

Jan. 20, 2006

PACER
62

NOTICE of Hearing on Motion 60 MOTION to Compel the deposition of the Execution Team Leader, 59 MOTION to Compel the Virginia Department of Corrections to comply with its obligations under Rule 30(b)(6): Motion Hearing set for 1/27/2006 10:00 AM before Magistrate Judge Thomas Rawles Jones Jr. (jwhe, ) (Entered: 01/23/2006)

Jan. 20, 2006

Jan. 20, 2006

PACER
63

NOTICE of Appearance by William Eugene Thro on behalf of Nevada Department of Corrections (nmck, ) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

PACER
64

ORDER for Pro hac vice of Daniel Wong Filing fee $ 50, receipt number 100 185481. Signed by Judge Thomas Rawles Jones Jr. on 1/23/06. Copies mailed; 1/24/06(jwhe, ) (Entered: 01/24/2006)

Jan. 23, 2006

Jan. 23, 2006

PACER
65

ORDER granting 57 Motion for Protective Order . Signed by Judge Thomas Rawles Jones Jr. on 1/23/06. Copies mailed; yes (jwhe, ) (Entered: 01/24/2006)

Jan. 23, 2006

Jan. 23, 2006

PACER
66

TRANSCRIPT of Proceedings held on 12/9/05 before Judge Jones. Court Reporter: Norman B. Linnell. (nhall) (Entered: 01/24/2006)

Jan. 23, 2006

Jan. 23, 2006

PACER
67

MOTION to Quash by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (clar, ) (Entered: 01/26/2006)

Jan. 25, 2006

Jan. 25, 2006

PACER
71

MOTION for clarification of order dated 12/20/05 by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (clar, ) (Entered: 01/30/2006)

Jan. 25, 2006

Jan. 25, 2006

PACER
68

Brief in Support of 67 MOTION to Quash filed by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (clar, ) (Entered: 01/26/2006)

Jan. 25, 2006

Jan. 25, 2006

PACER
72

NOTICE of Hearing on Motion 71 MOTION for clarification of order dated 12/20/05: Motion Hearing set for 2/3/2006 10:00 AM before District Judge Claude M. Hilton (clar, ) (Entered: 01/30/2006)

Jan. 25, 2006

Jan. 25, 2006

PACER
69

NOTICE of Hearing on Motion 67 MOTION to Quash: Motion Hearing set for 1/27/2006 10:00 AM before Magistrate Judge Thomas Rawles Jones Jr. (clar, ) (Entered: 01/26/2006)

Jan. 25, 2006

Jan. 25, 2006

PACER
70

Memorandum in Opposition to 67 MOTION to Quash filed by Darick Demorris Walker (clar, ) (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

PACER
73

ORDERED, for reasons stated from the bench, granting 59 Motion to Compel, granting 60 Motion to Compel, denying 67 Motion to Quash which is treated as an opposition to pltf's. motion. Signed by Judge Thomas Rawles Jones Jr. on 1/27/2006. (dtro, ) (Entered: 02/01/2006)

Jan. 27, 2006

Jan. 27, 2006

PACER
74

STIPULATION AND DISCOVERY ORDER; ther is good cause for the parties to extend the current expert discovery deadline, February 24, 2006, for the sole purpose of deposing one of Plaintiffs' experts who is out of the country until after the deadling, it is hereby ORDERED that: the defendants may take the deposition of Ms. Deborah Denno no later than the week o March 6, 2006 . Signed by Judge Thomas Rawles Jones Jr. on 1/27/06. Copies mailed; yes(jwhe, ) (Entered: 02/01/2006)

Jan. 27, 2006

Jan. 27, 2006

PACER
75

RESPONSE by Darick Demorris Walker to 71 MOTION by Gene M. Johnson, George M. Hinkle, William Page True, Jr. for clarification of order dated 12/20/05. (stas) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

PACER
76

ORDER denying 71 Motion for clarification of order dated 12/20/05 . Signed by Judge Claude M. Hilton on 2/8/06. Copies mailed; 2/10/06 (jwhe, ) Additional attachment(s) added on 4/11/2006 (klau, ). (Entered: 02/10/2006)

Feb. 8, 2006

Feb. 8, 2006

RECAP
77

CONSENT ORDER that the Joint Motion is GRANTED and that fact discovery shall close on February 24, 2006. Discovery is extended for the limited purpose of deposing an additional witness . Signed by Judge Thomas Rawles Jones Jr. on 2/15/06. Copies mailed; 2/17/06(jwhe, ) (Entered: 02/17/2006)

Feb. 15, 2006

Feb. 15, 2006

PACER
78

MOTION to modify the protective and oral orders governing DOP 426 by Darick Demorris Walker. (clar, ) (Entered: 02/21/2006)

Feb. 17, 2006

Feb. 17, 2006

PACER
79

NOTICE of Hearing on Motion 78 MOTION to modify the protective and oral orders governing DOP 426: Motion Hearing set for 2/24/2006 10:00 AM before Magistrate Judge Thomas Rawles Jones Jr. (clar, ) (Entered: 02/21/2006)

Feb. 17, 2006

Feb. 17, 2006

PACER
80

Response to 78 MOTION to modify the protective and oral orders governing DOP 426 filed by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (clar, ) (Entered: 02/22/2006)

Feb. 22, 2006

Feb. 22, 2006

PACER
81

Reply Memorandum by Darick Demorris Walker in Support of 78 MOTION by Darick Demorris Walker to modify the protective and oral orders governing DOP 426. (stas) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

PACER
82

ORDER that the 78 Motion to modify the protective and oral orders governing DOP 426 is GRANTED IN PART and the protective order is modified to the extent that plaintiff may discuss the eight questions and answers outlined in plaintiff's reply memorandum without (1) providing any information that identifies Virginia DOC personnel, (2) discussing DOC security related procedures, or (3) attaching any portion of DOP 426 to his amicus brief or quoting therefrom. It is further ORDERED that plaintiff shall provide defendants with a draft of that portion of the amicus brief at least four days prior to filing with the United States Supreme Court so that defendants have an opportunity to object in this court to any material that they contend contravenes this court's orders. Signed by Magistrate Judge Thomas Rawles Jones Jr. on 2/28/06. Copies Mailed: yes (klau, ) (Entered: 03/01/2006)

Feb. 28, 2006

Feb. 28, 2006

PACER
83

JOINT MOTION Extending Expert Discovery by Darick Demorris Walker, Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 03/09/2006)

March 8, 2006

March 8, 2006

PACER
84

ORDER granting 83 Joint Motion Extending Expert Discovery, and all expert discovery shall be completed by March 31, 2006. This actions is hereby docketed for a final pretrial conference before Judge Hilton on Thursday, April 20, 2006 at 10:00 a.m . Signed by Judge Thomas Rawles Jones Jr. on 3/9/06. Copies mailed; yes (jwhe, ) (Entered: 03/10/2006)

March 9, 2006

March 9, 2006

PACER
85

JOINT MOTION for Briefing Schedule by Darick Demorris Walker, Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 03/21/2006)

March 20, 2006

March 20, 2006

PACER
86

ORDER granting 85 Joint Motion for Briefing Schedule; and the submission of Cross Motions for Summary Judgment, Opposition Briefs and Reply Briefs will be governed according to the following schedule: April 12, 2006 Opening Briefs, April 26, 2006 Opposition Briefs, May 2, 2006 Reply Briefs. The parties shall file notices setting the motions for hearing at the time the motions are filed. Signed by Judge Thomas Rawles Jones Jr. on 3/20/06. Copies mailed; yes (jwhe, ) (Entered: 03/21/2006)

March 20, 2006

March 20, 2006

PACER
87

MOTION for Summary Judgment by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (jwhe, ) (Entered: 04/13/2006)

April 12, 2006

April 12, 2006

PACER
88

Memorandum in Support of 87 MOTION for Summary Judgment filed by Gene M. Johnson, George M. Hinkle, William Page True, Jr. (Large Pleading) (jwhe, ) (Entered: 04/13/2006)

April 12, 2006

April 12, 2006

PACER
89

NOTICE of Hearing on 87 MOTION for Summary Judgment: Motion Hearing set for 5/5/2006 10:00 AM before District Judge Claude M. Hilton. (jwhe, ) (Entered: 04/13/2006)

April 12, 2006

April 12, 2006

PACER
90

MOTION for Summary Judgment by Darick Demorris Walker. (jwhe, ) (Entered: 04/13/2006)

April 12, 2006

April 12, 2006

PACER
91

Memorandum in Support of 90 MOTION for Summary Judgment filed by Darick Demorris Walker. (jwhe, ) (Entered: 04/13/2006)

April 12, 2006

April 12, 2006

PACER
92

NOTICE of Hearing on 90 MOTION for Summary Judgment: Motion Hearing set for 5/5/2006 10:00 AM before District Judge Claude M. Hilton. (jwhe, ) (Entered: 04/13/2006)

April 12, 2006

April 12, 2006

PACER
93

MOTION for Leave to File Documents Under Seal by Darick Demorris Walker. (jwhe, ) (Entered: 04/13/2006)

April 12, 2006

April 12, 2006

PACER
94

Memorandum in Support of 93 MOTION for Leave to File Documents Under Seal filed by Darick Demorris Walker. (jwhe, ) (Entered: 04/13/2006)

April 12, 2006

April 12, 2006

PACER
95

NOTICE of Hearing on 93 MOTION for Leave to File Documents Under Seal: Motion Hearing set for 5/5/2006 10:00 AM before District Judge Claude M. Hilton. (jwhe, ) (Entered: 04/13/2006)

April 12, 2006

April 12, 2006

PACER
96

AFFIDAVIT of Mark Dershwitz, M.D., Ph.D. (jwhe, ) (Entered: 04/18/2006)

April 14, 2006

April 14, 2006

PACER
97

Rule 26(a)(3) Disclosures (Exhibits and Witness Lists) by Darick Demorris Walker. (jwhe, ) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

PACER
98

ORDER for Pro hac vice of Willie Levi Crossley, Jr. Filing fee $ 50, receipt number 100 187294. Signed by Judge Claude M. Hilton on 4/20/06. Copies mailed; yes(jwhe, ) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

PACER
99

ORDER for Pro hac vice of Sanket Jayshukh Bulsara Filing fee $ 50, receipt number 100 187294. Signed by Judge Claude M. Hilton on 4/20/06. Copies mailed; yes (jwhe, ) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

PACER
100

ORDER for Pro hac vice of Bradford Berry Filing fee $ 50, receipt number 100 187501. (Signed by Judge Claude M. Hilton on 4/20/06)(tarm, ) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Aug. 10, 2005

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a death-sentenced prisoner of the State of Virginia

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Virginia Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Death Penalty:

Lethal Injection - General