Case: Chapman v. Hardin County, Kentucky

3:05-cv-00433 | U.S. District Court for the Western District of Kentucky

Filed Date: Aug. 1, 2005

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On August 1, 2005, a female inmate at the Hardin County Detention Center (HCDC) filed a civil rights class action lawsuit pursuant to 42 U.S.C. §1983 in the U.S. District Court for the Western District of Kentucky. The plaintiff, represented by private counsel, alleged that she and other inmates of the Jail contracted Methicillin-Resistant Staphylococcus Aureus (MRSA) because of inadequate policies and practices to diagnose, treat, isolate, and prevent the spread of MRSA. The plaintiff sought m…

On August 1, 2005, a female inmate at the Hardin County Detention Center (HCDC) filed a civil rights class action lawsuit pursuant to 42 U.S.C. §1983 in the U.S. District Court for the Western District of Kentucky. The plaintiff, represented by private counsel, alleged that she and other inmates of the Jail contracted Methicillin-Resistant Staphylococcus Aureus (MRSA) because of inadequate policies and practices to diagnose, treat, isolate, and prevent the spread of MRSA. The plaintiff sought monetary relief, as well as class certification.

On May 15, 2006, the plaintiffs were granted leave to amend their complaint to add claims of additional individual plaintiffs over the objection of defendants that some claims were barred by the statute of limitations. Chapman v. Hardin County, 2006 WL 1382272 (W.D.Ky. 2006). The complaint was amended a second time on July 28, 2006.

On July 30, 2007, the plaintiffs moved for class certification. Magistrate Judge Dave Whalin denied the motion in February 2009, holding there was no single set of operative facts from which all of their claims arose. Whether the HCDC failed to protect Chapman was determined to be "an inquiry complete unto itself." For the same reasons, would-be class members' motion to intervene was denied in May 2009.

The case was dismissed in December 2010, as the plaintiff's counsel withdrew from the case due to an adverse decision by the Sixth Circuit in a separate case against defendant involving a prisoner with MRSA. Wooler v. Hickman County, et al., 377 Fed. Appx. 502 (6th Cir. May 14, 2010). The grant of summary judgment to the HCDC was upheld because the sheriff, physicians, and nurses were not "deliberately indifferent" to the plight of the prisoner.

Summary Authors

Dan Dalton (8/1/2007)

Dan Hofman (3/20/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4676509/parties/chapman-v-hardin-county-kentucky/


Judge(s)
Attorney for Plaintiff

Adams, James L. (Kentucky)

Belzley, Gregory A. (Kentucky)

Durham, Matthew Eliot (Kentucky)

Attorney for Defendant

Bland, T. Steven (Kentucky)

Blankenship, Stacey A. (Kentucky)

Documents in the Clearinghouse

Documents in this case

3:05-cv-00433

Docket (PACER)

Feb. 10, 2011

Feb. 10, 2011

Docket
1

3:05-cv-00433

Complaint

Chapman v. Hardin County

Aug. 1, 2005

Aug. 1, 2005

Complaint
25

3:05-cv-00433

Memorandum Opinion and Order

Chapman v. Hardin County

May 17, 2006

May 17, 2006

Order/Opinion

2006 WL 1382272

36

3:05-cv-00433

Second Amended Complaint

Chapman v. Hardin County

July 28, 2006

July 28, 2006

Complaint

3:05-cv-00433

Expert Report - Gordon C. Kamka

Chapman v. Hardin County, KY

Jan. 29, 2007

Jan. 29, 2007

Monitor/Expert/Receiver Report
75-1

3:05-cv-00433

Memorandum in Support of Motion for Class Certification

Chapman v. Hardin County

July 30, 2007

July 30, 2007

Pleading / Motion / Brief
149

3:05-cv-00433

Memorandum Opinion

Chapman v. Hardin County

Feb. 11, 2009

Feb. 11, 2009

Order/Opinion

2009 WL 366521

159

3:05-cv-00433

Memorandum and Order

Chapman v. Hardin County

May 14, 2009

May 14, 2009

Order/Opinion

2009 WL 1373956

193

3:05-cv-00433

Findings of Fact, Conclusions of Law, and Recommendation

Chapman v. Hardin County

Dec. 14, 2010

Dec. 14, 2010

Magistrate Report/Recommendation
195

3:05-cv-00433

Order of Dismissal

Chapman v. Hardin County

Jan. 12, 2011

Jan. 12, 2011

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4676509/chapman-v-hardin-county-kentucky/

Last updated Oct. 29, 2026, 5:32 p.m.

Docket for: Chapman v. Hardin County, Kentucky
ECF Number Date Description Link
1 Aug. 1, 2005

COMPLAINT against Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3, filed by Martel Chapman. Filing fee $ 250, receipt number 3812. Summons(es) Issued (Attachments: # 1 Cover Sheet)(TLB) (Entered: 08/02/2005)

RECAP
2 Aug. 1, 2005

Case Assignment (Random Selection): Case Assigned to Charles R. Simpson III. Magistrate designation: Dave Whalin. (TLB) (Entered: 08/02/2005)

RECAP
3 Aug. 12, 2005

NOTICE of Entry of Appearance by Hardin County, Kentucky (Blankenship, Stacey) (Entered: 08/12/2005)

RECAP
4 Aug. 19, 2005

ANSWER to Complaint with trial by jury by Hardin County, Kentucky, Louis B. Lawson.(Blankenship, Stacey) (Entered: 08/19/2005)

RECAP
Aug. 22, 2005

NOTICE OF DOCKET CORRECTION re 4 Answer to Complaint; Error:typed name omitted by s/; Correction:attorney advised of signature requirements (TLB)

5 Oct. 20, 2005

NOTICE of Appearance by Gregory A. Belzley on behalf of Martel Chapman (CSD) (Entered: 10/24/2005)

RECAP
7 Oct. 28, 2005

Agreed Discovery Plan. (TLB) (Entered: 11/07/2005)

RECAP
6 Nov. 1, 2005

ORDER (EBOC) by Charles R. Simpson III on 10/31/2005; Referring Case to Magistrate Judge Dave Whalin pursuant to 28:636(b)(1)(A); scheduling conference set for 12/1/2005 11:00 AM before Magistrate Judge Dave Whalin.cc:Counsel(TLB) (Entered: 11/01/2005)

RECAP
8 Nov. 22, 2005

REPORT of Rule 26(f) Planning Meeting by Martel Chapman, Hardin County, Kentucky, Louis B. Lawson. (MLG) (Entered: 11/22/2005)

RECAP
9 Nov. 23, 2005

Defendants' CONFERENCE STATEMENT re 6 Order Referring Case to Magistrate Judge, Schedules by Louis B. Lawson. (Blankenship, Stacey) (Entered: 11/23/2005)

RECAP
10 Nov. 23, 2005

CONFERENCE STATEMENT by Martel Chapman. (TLB) (Entered: 11/29/2005)

RECAP
11 Dec. 2, 2005

MEMO OF RULE 16 SCHEDULING CONF. AND ORDER for proceedings held before Dave Whalin(EBOC); held on 12/1/2005; cnsl present for parties; cnsl have completed exchange of information re by FRCP 26(a)(1); Expert Witness Reports (Plaintiff) due by 5/1/2006; Expert Witness Reports (Defendant) due by 6/1/2006; Motions for Joinder of Parties or Amended Pleadings due by 4/30/2006 for pla and 5/31/06 for dft; Discovery due by 9/1/2006; Dispositive Motions due by 10/15/2006; Status Conference set for 1/26/2006 10:30 AM in Teleconference before Magistrate Judge Dave Whalin; Ct will initiate the call cc:Counsel (Entered: 12/02/2005)

RECAP
12 Jan. 23, 2006

MOTION by Martel Chapman for production of inmate medical information. Responses due by 2/10/2006 (Attachments: # 1 Proposed Order)(TLB) (Entered: 01/24/2006)

RECAP
13 Jan. 30, 2006

RESPONSE to Motion re 12 MOTION to Produce by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3. Replies due by 2/13/2006. (Attachments: # 1 Proposed Order)(Blankenship, Stacey) (Entered: 01/30/2006)

RECAP
Feb. 3, 2006

NOTICE OF DOCKET CORRECTION re 13 Response to Motion; Error:typed name omitted by s/; Correction:attorney advised of signature requirements (TLB)

14 Feb. 6, 2006

ORDER for proceedings held before USMJ Dave Whalin : Telephonic Status Conference held on 2/6/2006. Telephonic Status Conference set for 3/22/2006 09:00 AM before Magistrate Judge Dave Whalin. cc:Counsel(SJS) (Entered: 02/06/2006)

RECAP
15 March 9, 2006

Proposed Agreed Order/Stipulation Agreed Protective Order. by Martel Chapman, Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3. (Blankenship, Stacey) (Entered: 03/09/2006)

RECAP
16 March 13, 2006

AGREED PROTECTIVE ORDER by Dave Whalin on 3/13/2006; parties to comply as set forth in order.cc:Counsel(TLB) (Entered: 03/13/2006)

RECAP
17 March 28, 2006

ORDER (EBOC) for proceedings held before Dave Whalin : telephonic status conference held on 3/22/2006; further telephonic status conference set for 4/27/2006 02:30 PM before Magistrate Judge Dave Whalin. cc:Counsel(TLB) (Entered: 03/28/2006)

RECAP
18 March 28, 2006

MOTION to Amend 1 Complaint by Martel Chapman. Responses due by 4/17/2006. (Attachments: # 1 Amended Complaint)(NMB) (Entered: 03/29/2006)

RECAP
19 March 28, 2006

NOTICE of Deficiency re 18 Motion to Amend: failure to comply will be brought to the attention of the Court. Response due by 4/4/2006. (NMB) (Entered: 03/29/2006)

RECAP
20 March 31, 2006

MOTION for Leave to File Amended Complaintby Martel Chapman. Responses due by 04/18/2006. (Attachments: # 1 Amended Complaint; # 2 Proposed Order)(NMB) (Entered: 03/31/2006)

RECAP
21 April 6, 2006

RESPONSE to Motion re 18 MOTION to Amend/Correct 1 Complaint by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3. Replies due by 4/20/2006. (Attachments: # 1 Proposed Order denying Plaintiff's Motion to Amend her Complaint to add Tina Spears, but granting Motion to Amend to add Jolene Hazelwood# 2 Exhibit A - Tina Spears booking sheet)(Blankenship, Stacey) (Entered: 04/06/2006)

RECAP
22 April 17, 2006

REPLY by Martel Chapman to Response to 18 MOTION to Amend 1 Complaint (Attachments: # 1 Exhibit A)(TLB) (Entered: 04/18/2006)

RECAP
23 May 1, 2006

ORDER (EBOC) for proceedings held before USMJ Dave Whalin : Telephonic Status Conference held on 4/27/2006. Pltf shall file motion for discovery within 20 days of this conference. All current scheduling ddls are suspended pending resolution of the discovery issue. The pending motion to amend the complaint is under submission to the District Judge. cc:Counsel(SJS) (Entered: 05/01/2006)

RECAP
24 May 12, 2006

MOTION to Compel Production of MRSA Inmate Documents by Martel Chapman. Responses due by 5/30/2006 (Attachments: # 1 Exhibit Opinion - Croskey v. BMW# 2 Proposed Order Order)(Belzley, Gregory) (Entered: 05/12/2006)

RECAP
25 May 17, 2006

MEMORANDUM OPINION AND ORDER by U.S. District Court Judge Charles R. Simpson III on 5/15/06;, for reasons set forth DN 20 is GRANTED and the Amended Complaint is ordered FILED in this matter.cc:Counsel(SJS) (Entered: 05/17/2006)

RECAP
26 May 17, 2006

AMENDED COMPLAINT against Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3, filed by Annette Borges, Jolene Hazelwood, Tina Spears, David Stallins, Martel Chapman.(TLB) (Entered: 05/18/2006)

RECAP
27 May 23, 2006

ANSWER to Amended Complaint by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3.(Blankenship, Stacey) (Entered: 05/23/2006)

RECAP
28 May 25, 2006

RESPONSE to Motion re 24 MOTION to Compel Production of MRSA Inmate Documents by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3. Replies due by 6/8/2006. (Attachments: # 1 Proposed Order)(Blankenship, Stacey) (Entered: 05/25/2006)

RECAP
29 May 30, 2006

REPLY to Response to Motion re 24 MOTION to Compel Production of MRSA Inmate Documents by Annette Borges, Jolene Hazelwood, Tina Spears, David Stallins, Martel Chapman. (Belzley, Gregory) (Entered: 05/30/2006)

RECAP
30 June 6, 2006

MOTION by plaintiffs for leave to file second amended complaint. Responses due by 6/26/2006 (Attachments: # 1 tendered second amended complaint# 2 Proposed Order)(TLB) (Entered: 06/08/2006)

RECAP
31 June 22, 2006

ORDER (EBOC) by USMJ Dave Whalin on 6/21/06; Telephonic Conference set for 6/23/06 is RESCHEDULED to 7/12/2006 02:00 PM before Magistrate Judge Dave Whalin.cc:Counsel(SJS) (Entered: 06/22/2006)

RECAP
32 July 13, 2006

ORDER by USMJ Dave Whalin on 7/13/06 granting 24 Motion to Compel. Defendant shall produce requested files within 30 days of entry of Order. Any such information shall be subject to Protective Order entered separately this date. cc:Counsel(NMB) (Entered: 07/13/2006)

RECAP
33 July 13, 2006

PROTECTIVE ORDER by USMJ Dave Whalin on 7/13/06: Parties to comply as set forth.cc:Counsel(NMB) (Entered: 07/13/2006)

RECAP
34 July 17, 2006

ORDER for proceedings held before USMJ Dave Whalin : Telephonic Status Conference held on 7/17/2006. By agreement of Counsel all deadlines are extended as follows: Discovery due by 3/1/2007; Dispositive Motions due by 4/15/2007; Expert Witness (Defendant) due by 12/1/2006, Expert Witness (Plaintiff) due by 11/1/2006; Joinder of Parties due by 11/30/2006; Telephonic Status Conference set for 9/12/2006 10:00 AM ibefore Magistrate Judge Dave Whalin. cc:Counsel(SJS) (Entered: 07/17/2006)

RECAP
35 July 28, 2006

ORDER by Dave Whalin on 7/27/2006; granting 30 motion for leave to file second amended complaint cc:Counsel(TLB) (Entered: 07/28/2006)

RECAP
36 July 28, 2006

SECOND AMENDED COMPLAINT against Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3, filed by Charles Anderson, Carroll L. Dailey, Maurich Grimes, Annette Borges, Jolene Hazelwood, Tina Spears, David Stallins, Martel Chapman.(TLB) (Entered: 07/28/2006)

RECAP
37 Aug. 7, 2006

ANSWER to Amended Complaint by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3.(Blankenship, Stacey) (Entered: 08/07/2006)

RECAP
38 Sept. 20, 2006

ORDER (EBOC) by USMJ Dave Whalin on 9/19/06; Telephonic Status Conference held 9/12/06; Counsel for pltfs to furnish new medical suthorizations with current date, and respond to outstanding interrogatories within 20 days; Expert Witness (Defendant) due by 12/1/06 EXTENDED to 1/8/2007. Telephonic Status Conference set for 11/15/2006 10:30 AM before Magistrate Judge Dave Whalin.cc:Counsel(SJS) (Entered: 09/20/2006)

RECAP
Sept. 20, 2006

Proceedings held before USMJ Dave Whalin : Telephonic Status Conference held on 9/12/2006. (SJS)

39 Oct. 30, 2006

Joint MOTION for Extension of Time to Complete Discovery by Annette Borges, Jolene Hazelwood, Tina Spears, David Stallins, Charles Anderson, Carroll L. Dailey, Maurich Grimes, Martel Chapman, Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3. Responses due by 11/9/2006 (Attachments: # 1 Proposed Order)(Belzley, Gregory) (Entered: 10/30/2006)

RECAP
40 Nov. 2, 2006

AGREED ORDER by USMJ Dave Whalin on 11/2/06 granting 39 Motion for Extension of Time to Complete Discovery. Deadlines amended as set forth in Order. cc:Counsel(NMB) (Entered: 11/02/2006)

RECAP
Nov. 17, 2006

Proceedings held before USMJ Dave Whalin: Status Conference held on 11/17/2006. (NMB)

41 Nov. 20, 2006

ORDER by USMJ Dave Whalin on 11/17/06: Status Conference held 11/15/06; Further Telephonic Status Conference set for 1/22/2007 at 10:00 AM. Parties to comply with remainder of Order as set forth.cc:Counsel(NMB) (Entered: 11/20/2006)

RECAP
42 Dec. 5, 2006

ORDER by Magistrate Judge Dave Whalin (EBOC) on 12/4/2006. Telephonic Status Conference previously scheduled for 1/22/2007 is rescheduled to commence on 2/7/2007 at 9:30 a.m. The Court will initiate the call and no cell phone participation will be permitted.cc: Counsel(RLK) (Entered: 12/05/2006)

RECAP
43 Feb. 1, 2007

Expert Witness Disclosure by Annette Borges, Charles Anderson, Carroll L. Dailey, Martel Chapman. (Attachments: # 1 Exhibit Expert Report and CV)(Belzley, Gregory) (Entered: 02/01/2007)

RECAP
Feb. 7, 2007

Proceedings held before Magistrate Judge Dave Whalin : Status Conference held on 2/7/2007. (NMB)

44 Feb. 9, 2007

NOTICE to Take Deposition of Martel Chapman by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3.(Blankenship, Stacey) (Entered: 02/09/2007)

RECAP
45 Feb. 9, 2007

NOTICE TO TAKE DEPOSITION of Tina Spears on March 1, 2007 by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3.(Blankenship, Stacey) Modified on 2/12/2007: modified text to reflect Notice (NMB). (Entered: 02/09/2007)

RECAP
46 Feb. 9, 2007

NOTICE TO TAKE DEPOSITION of Jolene Hazelwood on March 1, 2007 & March 2, 2007 by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3.(Blankenship, Stacey) Modified on 2/12/2007: modified text to reflect Notice (NMB). (Entered: 02/09/2007)

RECAP
47 Feb. 13, 2007

ORDER by Magistrate Judge Dave Whalin (eboc) on 2/12/07: Telephonic Status Conference held 2/7/07; Plaintiff to respond to outstanding discovery requests within 10 days from conference; Fact Discovery due by 5/7/07; Any motion for Class Certification due by 6/7/07; Expert Depositions due by 10/22/07; Supplemental Expert Witness Disclosures (Defendant) due by 8/23/2007. Supplemental Expert Witness Disclosures (Plaintiff) due by 7/9/2007. Further Telephonic Status Conference set for 3/7/2007 at 11:00 AM. Parties to comply as set forth.cc:Counsel(NMB) (Entered: 02/13/2007)

RECAP
March 7, 2007

Proceedings held before Magistrate Judge Dave Whalin : Telephonic Status Conference held on 3/7/2007. (NMB)

48 March 13, 2007

NOTICE to Take Deposition of Martel Chapman by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3.(Blankenship, Stacey) (Entered: 03/13/2007)

RECAP
49 March 14, 2007

Proposed Agreed Order/Stipulation. by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3. (Blankenship, Stacey) (Entered: 03/14/2007)

RECAP
50 March 27, 2007

AGREED ORDER by Magistrate Judge Dave Whalin on 3/27/07: Defendants' deadline for identifying expert witnesses is extended to 4/23/07. cc:Counsel(NMB) (Entered: 03/27/2007)

RECAP
51 March 27, 2007

NOTICE to Take Deposition of Annette Borges by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3.(Blankenship, Stacey) (Entered: 03/27/2007)

RECAP
52 March 27, 2007

NOTICE to Take Deposition of Maurich Grimes by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3.(Blankenship, Stacey) (Entered: 03/27/2007)

RECAP
53 March 27, 2007

NOTICE to Take Deposition of Martel Chapman by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3.(Blankenship, Stacey) (Entered: 03/27/2007)

RECAP
54 April 23, 2007

Expert Witness Disclosure by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3. (Attachments: # 1 Exhibit A -Ray Sabbatine Expert Report# 2 Exhibit B- Curriculum Vitae Dr. Paris)(Blankenship, Stacey) (Entered: 04/23/2007)

RECAP
55 April 27, 2007

SUPPLEMENT re 54 Expert Witness Disclosure by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3. (Attachments: # 1 Exhibit - Dr. Pais Expert Report)(Blankenship, Stacey) (Entered: 04/27/2007)

RECAP
56 May 4, 2007

SUPPLEMENT re 54 Expert Witness Disclosure by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3. (Blankenship, Stacey) (Entered: 05/04/2007)

RECAP
57 May 15, 2007

ORDER by Magistrate Judge Dave Whalin (eboc) on 3/12/07: telephonic status conference held 3/7/07; Further Telephonic Status Conference set for 5/15/2007 at 11:00 AM. Parties to comply with deadlines as set forth.cc:Counsel(NMB) (Entered: 05/15/2007)

RECAP
58 May 15, 2007

MOTION for Leave to Take Deposition by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3. Responses due by 6/4/2007 (Attachments: # 1 Proposed Order)(Blankenship, Stacey) (Entered: 05/15/2007)

RECAP
May 15, 2007

Proceedings held before Magistrate Judge Dave Whalin : Telephonic Status Conference held on 5/15/2007. (NMB)

59 May 16, 2007

ORDER by Magistrate Judge Dave Whalin (eboc) on 5/15/07: telephonic status conference held 5/15/07; further telephonic Status Conference set for 7/11/2007 at 10:00 AM.cc:Counsel(NMB) (Entered: 05/16/2007)

RECAP
60 May 16, 2007

ORDER by Magistrate Judge Dave Whalin on 5/16/07 granting 58 Motion for Leave to Take Deposition of Plaintiff Anderson. cc:Counsel(NMB) (Entered: 05/16/2007)

RECAP
61 May 17, 2007

MOTION for Leave to Take Deposition of David Stallins by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3. Responses due by 6/4/2007 (Attachments: # 1 Proposed Order)(Blankenship, Stacey) (Entered: 05/17/2007)

RECAP
62 May 17, 2007

MOTION for Leave to take Deposition of Carroll Dailey by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3. Responses due by 6/4/2007 (Attachments: # 1 Proposed Order)(Blankenship, Stacey) (Entered: 05/17/2007)

RECAP
63 May 21, 2007

ORDER by Magistrate Judge Dave Whalin on 5/18/07 granting 61 Motion for Leave to take Deposition of Plaintiff Stallins. cc:Counsel(NMB) (Entered: 05/21/2007)

RECAP
64 May 21, 2007

ORDER by Magistrate Judge Dave Whalin on 5/18/07 granting 62 Motion for Leave to take Deposition of Plaintiff Dailey. cc:Counsel(NMB) (Entered: 05/21/2007)

RECAP
65 May 22, 2007

NOTICE to Take Deposition of David Stallins by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3.(Blankenship, Stacey) (Entered: 05/22/2007)

RECAP
66 May 22, 2007

NOTICE to Take Deposition of Carroll Dailey by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3.(Blankenship, Stacey) (Entered: 05/22/2007)

RECAP
67 May 22, 2007

NOTICE to Take Deposition of Charles Anderson by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3.(Blankenship, Stacey) (Entered: 05/22/2007)

RECAP
July 11, 2007

Proceedings held before Magistrate Judge Dave Whalin : Status Conference held on 7/11/2007. (NMB)

71 July 18, 2007

NOTICE to Take Deposition of Tina Spears by Hardin County, Kentucky.(NMB) (Entered: 07/19/2007)

RECAP
July 18, 2007

ERROR: Wrong event selected. Re-docketed as Notice to Take Deposition by Court.

69 July 19, 2007

ORDER by Magistrate Judge Dave Whalin (eboc) on 7/17/07: telephonic status conference held 7/11/07; further telephonic Status Conference set for 10/3/2007 at 9:45 AM.cc:Counsel(NMB) (Entered: 07/19/2007)

RECAP
70 July 19, 2007

Proposed Agreed Order/Stipulation. by Annette Borges, Jolene Hazelwood, Tina Spears, David Stallins, Charles Anderson, Carroll L. Dailey, Maurich Grimes, Martel Chapman. (Belzley, Gregory) (Entered: 07/19/2007)

RECAP
72 July 27, 2007

AGREED ORDER by Magistrate Judge Dave Whalin on 7/26/2007. Plaintiff's Motion for Class Certification due by 7/30/2007. Defendant's Response to Motion due within 30 days. Plaintiff's Reply to Response due within 15 days.cc: Counsel (RLK) (Entered: 07/27/2007)

RECAP
73 July 30, 2007

MOTION for Leave to File Expert Report by Annette Borges, Jolene Hazelwood, Tina Spears, David Stallins, Charles Anderson, Carroll L. Dailey, Maurich Grimes, Martel Chapman. Responses due by 8/17/2007 (Attachments: # 1 Exhibit Expert Report# 2 Proposed Order)(Belzley, Gregory) (Entered: 07/30/2007)

RECAP
74 July 30, 2007

MOTION for Leave to File Excess Pages by Annette Borges, Jolene Hazelwood, Tina Spears, David Stallins, Charles Anderson, Carroll L. Dailey, Maurich Grimes, Martel Chapman. Responses due by 8/17/2007 (Attachments: # 1 Proposed Order)(Belzley, Gregory) (Entered: 07/30/2007)

RECAP
75 July 30, 2007

MOTION to Certify Class by Annette Borges, Jolene Hazelwood, Tina Spears, David Stallins, Charles Anderson, Carroll L. Dailey, Maurich Grimes, Martel Chapman. Responses due by 8/17/2007 (Attachments: # 1 Memorandum in Support of Motion for Class Certification# 2 Exhibit A, Federal Bureau of Prisons MRSA Report, Pages 1-10# 3 Exhibit A, Pages 11-20, Federal Bureau of Prisons Report# 4 Exhibit A, Pages 21-30, Federal Bureau of Prisons MRSA Report# 5 Exhibit A, Pages 31-40, Federal Bureau of Prisons MRSA Report# 6 Exhibit A, Pages 41-43, Federal Bureau of Prisons MRSA Report# 7 Exhibit B, Infection Control and Hospital Epidemology# 8 Exhibit C, Questionnaires & Affidavits, Docs Filed Under Seal# 9 Exhibit D, 31 J.L. Med. & Ethics 458# 10 Exhibit E, Pages 1-10, Zetola & Francis Article# 11 Exhibit E, Pages 11-12, Zetola & Francis Article# 12 Exhibit F, Hota & Ellenbogen Article# 13 Cover Sheet G, Hota & Weinstein Article# 14 Exhibit H, Hartley & Furuno Article# 15 Exhibit I, Los Angeles Special Report# 16 Cover Sheet J, MRSA Protocol# 17 Exhibit K, Pages 1-10, Ky. Corrections Protocol# 18 Exhibit K, Pages 11, Ky. Corrections Protocol# 19 Exhibit L, Lawson's 8/02/04 Memo# 20 Cover Sheet M, Chapman Medical Requests# 21 Exhibit N, Plaintiff's Reference List Under Seal# 22 Exhibit O, Inmate Reference List Under Seal# 23 Exhibit P, Inmate Daily Population Analysis# 24 Exhibit Q, Dr. Clark Report# 25 Index R, Inmates of Bucks County v. County of Bucks# 26 Exhibit S, Pages 1-10, Lawson Deposition# 27 Exhibit S, Pages 11-14, Lawson Deposition# 28 Exhibit S, Pages 15-23, Lawson Deposition# 29 Exhibit T, Chapman Deposition# 30 Exhibit U, Spears Deposition# 31 Exhibit V, Borges Deposition# 32 Exhibit W, Hazelwood Deposition# 33 Exhibit X, Stallins Deposition# 34 Exhibit Y, Judy Williams Statement# 35 Proposed Order)(Belzley, Gregory) (Entered: 07/30/2007)

RECAP
76 July 31, 2007

MOTION for Leave to File Exhibits C, N and O Under Seal re 75 Motion to Cerify Classby Annette Borges, Jolene Hazelwood, Tina Spears, David Stallins, Charles Anderson, Carroll L. Dailey, Maurich Grimes, Martel Chapman. Responses due by 8/20/2007 (Attachments: # 1 Proposed Order)(NMB) (Entered: 07/31/2007)

RECAP
77 July 31, 2007

Sealed Document re 76 Motion for Leave to File Under Seal by Annette Borges, Jolene Hazelwood, Tina Spears, David Stallins, Charles Anderson, Carroll L. Dailey, Maurich Grimes, Martel Chapman. (NMB) (JBMS). (Entered: 07/31/2007)

RECAP
78 Aug. 2, 2007

RESPONSE to Motion re 74 MOTION for Leave to File Excess Pages by Hardin County, Kentucky, Louis B. Lawson. Replies due by 8/16/2007. (Attachments: # 1 Proposed Order)(Blankenship, Stacey) (Entered: 08/02/2007)

RECAP
79 Aug. 2, 2007

MOTION for Extension of Time to File Response/Reply as to 75 MOTION to Certify Class by Hardin County, Kentucky, Louis B. Lawson. Responses due by 8/9/2007 (Attachments: # 1 Proposed Order)(Blankenship, Stacey) (Entered: 08/02/2007)

RECAP
80 Aug. 6, 2007

ORDER by Magistrate Judge Dave Whalin on 8/6/07 granting 76 Motion for Leave to File Under Seal. cc:Counsel(NMB) (Entered: 08/06/2007)

RECAP
81 Aug. 6, 2007

NOTICE of Entry of Appearance by Hardin County, Kentucky, Louis B. Lawson (Moore, Douglas) (Entered: 08/06/2007)

RECAP
82 Aug. 7, 2007

ORDER by Magistrate Judge Dave Whalin (eboc) on 8/6/07 granting 74 Motion for Leave to File Excess Pages, granting 79 Motion for Extension of Time to File Response/Reply. Dfts to file response to 75 Motion for Class Certification by 9/30/07. Plaintiffs' Reply thereto due by 10/15/07. cc:Counsel(NMB) (Entered: 08/07/2007)

RECAP
83 Aug. 7, 2007

ORDER by Magistrate Judge Dave Whalin (eboc)on 8/6/07 granting Plaintiffs leave to file memorandum in support of motion for class certification in excess of 40 page limitation. cc:Counsel(NMB) (Entered: 08/07/2007)

RECAP
84 Aug. 16, 2007

NOTICE to Take Deposition of Tina Spears by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3.(Blankenship, Stacey) (Entered: 08/16/2007)

RECAP
85 Aug. 29, 2007

ORDER by Judge Charles R. Simpson III on 8/28/07 granting 73 Motion for Leave to File Expert Report. cc:Counsel (NMB) (Entered: 08/29/2007)

RECAP
86 Aug. 29, 2007

Expert Witness Report of John H. Clark, MD by Annette Borges, Jolene Hazelwood, Tina Spears, David Stallins, Charles Anderson, Carroll L. Dailey, Maurich Grimes. (NMB) (Entered: 08/29/2007)

RECAP
87 Sept. 28, 2007

MOTION for Leave to File Excess Pages to their Response to Motion for Certification by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3.Responses due by 10/18/2007 (Attachments: # 1 Proposed Order) (Blankenship, Stacey) (Entered: 09/28/2007)

RECAP
88 Sept. 28, 2007

MOTION to Supplement re 54 Expert Witness Disclosure by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3.Responses due by 10/18/2007 (Attachments: # 1 Exhibit - Report of Martin Raff, M.D.# 2 Exhibit - Martin Raff, M.D. Curriculum Vitae# 3 Proposed Order) (Blankenship, Stacey) (Entered: 09/28/2007)

RECAP
89 Sept. 28, 2007

RESPONSE to Motion re 75 MOTION to Certify Class by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3.Replies due by 10/12/2007. (Attachments: # 1 Exhibit A - Article "Super-strong bacteria attacks patients"# 2 Exhibit B - Article "No Reliable Risk Factors fo CA-MRSA"# 3 Exhibit C - Article - "Hospital-Acquired Infections"# 4 Exhibit D - Article "Invasive Comm-Acquired MRSA..."# 5 Exhibit E - Article "New Bacterial Strain Affects Comm"# 6 Exhibit F - Article ABC News, That's No Spider Bite# 7 Exhibit G - The Courier Journal Article# 8 Exhibit H - The New York Times Article# 9 Exhibit I - Article "Demystifying MRSA"# 10 Exhibit J - CDC Fact Sheet# 11 Exhibit K - KY Cabinet for Health and Family Fact Sheet# 12 Exhibit L - Depo of Louis Lawson# 13 Exhibit M - Louis Lawson Memo# 14 Exhibit N - Hospital MRSA Fact Sheet# 15 Exhibit O - MRSA Protocol# 16 Exhibit P - Jail Cleaning Log, pg 1-20# 17 Exhibit P - Jail Cleaning Log, pg 21-36# 18 Exhibit Q - Affidavit of Louis Lawson# 19 Exhibit R - Depo of Annette Borges# 20 Exhibit S - Memo of Kelly White# 21 Exhibit T - Sealed - records# 22 Exhibit U - Sealed, Lawson depo pgs 78-80# 23 Exhibit V - Sealed, records# 24 Exhibit W - Report/CV pgs 1-24 of Dr. Raff# 25 Exhibit W - Curriculum Vitae of Dr. Martin Raff, pg 25-46# 26 Exhibit X - Relevant pgs of Depo Dr. Smith# 27 Exhibit Y - Relevant pgs of David Stallins Depo# 28 Exhibit Z - Relevant pgs to Charles Anderson Depo# 29 Exhibit AA - Relevant pgs to Maurich Grimes Depo# 30 Exhibit BB - Affidavit of Chris Swenson# 31 Exhibit CC - Relevant pgs to Tina Spears Depo# 32 Exhibit DD - Relevant pgs to Martel Chapman Depo# 33 Exhibit EE - Relevant pgs to Carroll Dailey Depo# 34 Exhibit FF - Relevant pgs to Jolene Hazelwood Depo# 35 Exhibit GG - Sealed, Chart of Inmates Diagnosed w/MRSA# 36 Exhibit HH - Monthly Chart of Diagnosed Cases and Pop. Count# 37 Exhibit II - Sealed, Chart of Inmates Treated for MRSA# 38 Exhibit JJ - Sealed, Chart of Inmates Treated for MRSA# 39 Exhibit KK - Canada MRSA Material Safety Data Sheet# 40 Exhibit LL - Affidavit of Jeff Burton# 41 Exhibit MM - Sealed, Chart of Depicting Diff Stories# 42 Proposed Order) (Blankenship, Stacey) (Entered: 09/28/2007)

RECAP
90 Sept. 28, 2007

MOTION for Leave to File Exhibits Under Seal by Hardin County, Kentucky, Louis B. Lawson, Does 1 through 3.Responses due by 10/18/2007 (Attachments: # 1 Proposed Order) (Blankenship, Stacey) (Entered: 09/28/2007)

RECAP
91 Oct. 3, 2007

Sealed Document re 90 . (TLB) (JBMS). (Entered: 10/05/2007)

RECAP
Oct. 3, 2007

Proceedings held before Magistrate Judge Dave Whalin : Status Conference held on 10/3/2007. (NM)

Case Details

State / Territory:

Kentucky

Case Type(s):

Jail Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 1, 2005

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A female inmate at the Hardin County Detention Center who contracted MRSA.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

County

Hardin County

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Western District of Kentucky 3:05-cv-00433

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Sanitation / living conditions

Affected Sex/Gender(s):

Female

Male

Medical/Mental Health Care:

Medical care, general

Skin Infections

Recommended Citation