Case: Mumphrey v. Shelby County, KY

3:06-cv-00070 | U.S. District Court for the Eastern District of Kentucky

Filed Date: Oct. 12, 2006

Clearinghouse coding complete

Case Summary

On October 12, 2006, a prisoner in the Shelby County Detention Center filed a lawsuit in the U.S. District Court for the Eastern District of Kentucky under 42 U.S.C. § 1983 against Shelby County and the Shelby County Detention Center. The plaintiff, represented by private counsel, sought class-action certification and asked the court for declaratory relief, injunctive relief, and damages, claiming that conditions in the Kentucky jails violated the Eighth and Fourteenth Amendments. Plaintiff all…

On October 12, 2006, a prisoner in the Shelby County Detention Center filed a lawsuit in the U.S. District Court for the Eastern District of Kentucky under 42 U.S.C. § 1983 against Shelby County and the Shelby County Detention Center. The plaintiff, represented by private counsel, sought class-action certification and asked the court for declaratory relief, injunctive relief, and damages, claiming that conditions in the Kentucky jails violated the Eighth and Fourteenth Amendments. Plaintiff alleged that the habitually overcrowded condition of the Jail and the deliberate indifference of jail officials to prevent infectious disease caused his exposure to methicillin-resistant staphylococcus aureus (MRSA). The jail incarcerated inmates with infected persons without such inmates' knowledge, and failed to train Jail employees on policies to prevent conditions that foster the growth and spread of the disease. This is one of a pair of class action cases filed by inmates who claimed to have been infected with MRSA while incarcerated in Kentucky jails. MRSA is a flesh-eating bacteria that can cause debilitating open sores, pain and death.

Discovery issues dominated the case for the first few years.

On May 29, 2009, the plaintiffs filed a second amended complaint, which had abandoned the claims for class action certification but added plaintiffs to the case.

On May 25, 2010, Judge Karen K. Caldwell granted defendants' motion for dismissal of claims from one plaintiff. On January 7, 2011, Judge Caldwell dismissed the remainder of the claims and the case was dismissed with prejudice.

Summary Authors

Dan Dalton (9/17/2007)

Jessica Kincaid (2/15/2014)

People


Judge(s)

Atkins, Edward B. (Kentucky)

Caldwell, Karen K. (Kentucky)

Attorneys(s) for Plaintiff

Belzley, Gregory A. (Kentucky)

Karem, Scott Edmund (Kentucky)

Attorneys(s) for Defendant

Blankenship, Stacey A. (Kentucky)

Moore, Douglas R. (Kentucky)

Judge(s)

Atkins, Edward B. (Kentucky)

Caldwell, Karen K. (Kentucky)

Attorneys(s) for Plaintiff

Belzley, Gregory A. (Kentucky)

Karem, Scott Edmund (Kentucky)

Attorneys(s) for Defendant

Blankenship, Stacey A. (Kentucky)

Moore, Douglas R. (Kentucky)

Documents in the Clearinghouse

Document

Docket [PACER]

Mumphrey v. Shelby County, Kentucky

Jan. 18, 2011 Docket
1

Complaint

Oct. 12, 2006 Complaint
71

Second Amended Complaint

Bagshaw v. Shelby County, KY

May 29, 2009 Complaint
104

Order of Dismissal

Mumphrey v. Shelby County

May 25, 2010 Order/Opinion
121

Order

Jan. 7, 2011 Order/Opinion

Resources

Title Description External URL

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

CLASS ACTION COMPLAINT ( Filing fee $350; receipt number 828852), filed by Gary Mumphrey. (Attachments: # 1 Civil Cover Sheet# 2 Summons−Shelby Co, KY# 3 Summons−Waits# 4 Case Assignment Sheet)(AKR) (Entered: 10/13/2006)

Oct. 12, 2006
2

Summons Issued as to Shelby County, Kentucky, Bobby Waits, Individually, Bobby Waits, Official Dft; issued summons returned to counsel via U.S. Mail, per counsel request. (AKR) (Entered: 10/13/2006)

Oct. 13, 2006

Conflict Check run. (CBD) (Entered: 10/16/2006)

Oct. 16, 2006
3

INCORRECTLY FILED AS CERTIFICATE OF SERVICE by Gary Mumphrey on Shelby County (Belzley, Gregory) Modified text to add "Incorrectly Filed As" on 10/20/2006 (Ratliff, Kay). (For correct entry see DE 5 ) (Entered: 10/19/2006)

Oct. 19, 2006
4

INCORRECTLY FILED AS CERTIFICATE OF SERVICE by Gary Mumphrey on Bobby Waits (Belzley, Gregory) Modified text to add "Incorrectly Filed As" on 10/20/2006 (Ratliff, Kay). (For correct entry see DE 6 ) (Entered: 10/19/2006)

Oct. 19, 2006

Clerk's Note: re 4 Certificate of Service, 3 Certificate of Service; atty Gregory Belzley's secretary called &said atty used the event Certificate of Service instead of Summons returned executed as to these 2 entries; I told the secretary the clerk would correct the entries &send the atty a notice &nothing further was required by atty. (KJR) (Entered: 10/19/2006)

Oct. 19, 2006
5

SUMMONS Returned Executed by Gary Mumphrey via Certified Mail, return receipt requested to Rob Rothenberger, Co Judge Executive, Shelby County, Kentucky served on 10/17/2006, answer due 11/6/2006. (AKR) (Entered: 10/20/2006)

Oct. 19, 2006
6

SUMMONS Returned Executed by Gary Mumphrey via Certified Mail, Return Receipt Requested to Bobby Waits served on 10/17/2006, answer due 11/6/2006; Bobby Waits, Official Capacity, served on 10/17/2006, answer due 11/6/2006. (AKR) (Entered: 10/20/2006)

Oct. 19, 2006

NOTICE OF DOCKET MODIFICATION TO G. Belzley, Sr. re 4 Certificate of Service, 3 Certificate of Service ; Error: Attorney incorrectly filed the summons returned executed 3 &4 as "Certificate of Service"; Entry made by attorney; Correction: Clerk has modified the docket text of 3 &4 to state these were incorrectly filed; Clerk has filed the Summons returned executed as 5 &6 respectively; In the future, the attorney is advised to contact the ECF help desk if assistance is needed in choosing the correct event for filing ; No further action required by counsel. cc: COR (AKR) (Entered: 10/20/2006)

Oct. 20, 2006
7

ANSWER to Complaint with JURY DEMAND by Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3.(Karem, Scott) (Entered: 11/03/2006)

Nov. 3, 2006
8

ORDER FOR MEETING AND REPORT: 1) w/in 21 days parties hold Rule 26 Meeting 2) w/in 10 days thereafter parties file Joint Status Report. Signed by Judge Karen K. Caldwell. (Order for Meeting and Report due by 12/9/2006)(CBD)cc: COR (Entered: 11/09/2006)

Nov. 9, 2006
9

JOINT REPORT of Rule 26(f) Planning Meeting. (Belzley, Gregory) (Entered: 12/08/2006)

Dec. 8, 2006

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 9 Report of Rule 26(f) Planning Meeting (CBD) (Entered: 12/11/2006)

Dec. 11, 2006
10

SCHEDULING ORDER:1) following ddls shall be observed: (a) parties exchange Rule 26(a)(1) info by 1/30/2007 (b) pltf has to 6/1/2007 to Join Additional Parties or amend pldgs (c)Suppl. of disclosures sue 8/15/2007 (d) Rule 26(e) disclosures due from pltf 7/6/2007 and from dfts 9/7/2007 (e) Discovery due by 11/1/2007. (f) Dispositive Motions due by 12/3/2007. 2) no motions to compel or other motions re discovery disputes shall be filed unless all have conferred as directed by FRCP 37(a)(2)(A) 3) Jury Trial set for 5/19/2008 09:00 AM in Frankfort before Karen K. Caldwell. 4) parties shall observe directives re filing of discovery materials 5) no extensions of ddls in this order shall be granted unless appropriate motion filed 6) IT IS FURTHER ORDERED matter referred to Magistrate Judge Edward B. Atkins for (i) telephonic conference re progress of discovery and feasibility of all ddls (ii) settlement conference (iii) preliminary pretrial conference. A sep. order scheduling dates will issue from the Magistrate Judge. (CBD)cc: COR (Entered: 12/15/2006)

Dec. 14, 2006
11

ORDER: No later than 10 days prior to Pretrial Conference, counsel file pretrial filings. (Parties comply w/ Items 1A−G and 2A−E) Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 12/15/2006)

Dec. 14, 2006
12

ORDER: 1) Telephone Conference set for 5/21/2007 02:00 PM EST. Signed by Judge Edward B Atkins. (CBD)cc: COR (Entered: 12/18/2006)

Dec. 18, 2006
13

INITIAL DISCLOSURES Plaintiff's Rule 26(e)(1) Disclosures by Gary Mumphrey.(Belzley, Gregory) (Entered: 01/12/2007)

Jan. 12, 2007
14

INITIAL DISCLOSURES Rule 26 by Shelby County, Kentucky, Bobby Waits, Bobby Waits.(Karem, Scott) (Entered: 01/30/2007)

Jan. 30, 2007
15

MOTION to Compel by Gary Mumphrey for Production of HIPAA−Protected Documents (Attachments: # 1 Proposed Order)(Belzley, Gregory) (Entered: 03/05/2007)

March 5, 2007
16

RESPONSE in Opposition re 15 MOTION to Compel by Gary Mumphrey filed by Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3. (Karem, Scott) (Entered: 03/23/2007)

March 23, 2007
17

Proposed Agreed Order/Stipulation Agreed Order by Gary Mumphrey, Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3. (Karem, Scott) (Entered: 03/23/2007)

March 23, 2007
18

Proposed Agreed Order/Stipulation granting an extension of time to file a response to a motion to compel by Gary Mumphrey, Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3. (Karem, Scott) (Entered: 03/23/2007)

March 23, 2007

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 17 Proposed Agreed Protective Order, AND 18 Proposed Agreed Order extending time to respond. (AKR) (Entered: 03/26/2007)

March 26, 2007
19

REPLY to Response to Motion re 15 MOTION to Compel by Gary Mumphrey for Production of HIPAA−Protected Inmate Docs filed by Gary Mumphrey. (Belzley, Gregory) Additional attachment: Suppl. Exhibit A added on 5/22/2007 per Order 23 (Dearborn, Christy). Modified text re attachment on 5/22/2007 (Dearborn, Christy). (Entered: 03/26/2007)

March 26, 2007
20

AGREED PROTECTIVE ORDER: 1) dfts are to produce to pltf's counsel a copy of the floor plan of the Shelby county Detention Center, doc.s setting out out present or last known address of all persons employed by the detention center during incarceration of pltf, Gary Mumphrey and photos of and doc.s identifying present or last known address of all persons incarcerated in the detention center at time of incarceration of Gary Mumphrey. These items are to be produced w/ in twenty days of this order 2) doc.s produced pursuant to this order shall be marked "CONFIDENTIAL" (see order for items 3−7). Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 03/28/2007)

March 28, 2007
21

AGREED ORDER: dfts shall have through 3/23/2007 to file their response to pltf's motion 15 for production of HIPAA protected inmate documents. Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 03/28/2007)

March 28, 2007
22

MOTION for Leave by Gary Mumphrey To File Supp. to Reply in Support of Mot. to Compel Production (Attachments: # 1 Exhibit Judge Russell's Order and Protective Order# 2 Proposed Order)(Belzley, Gregory) (Entered: 04/25/2007)

April 25, 2007

***MOTION SUBMITTED TO CHAMBERS of Caldwell for review: 22 MOTION for Leave to File Supplement to Reply in support of Motion to Compel by Gary Mumphrey (CBD) (Entered: 05/21/2007)

May 21, 2007
23

ORDER: motion 22 to file supplemental documents in support of her motion to compel is GRANTED . Signed by Judge Edward B Atkins. (CBD)cc: COR (Entered: 05/22/2007)

May 22, 2007
24

MINUTE ENTRY FOR TELEPHONE CONFERENCE held on 5/29/2007 before Judge Edward B Atkins : 1) Telephone Conference set for 6/29/2007 02:00 PM. Undersigned's ofc shall initiate call. 2) All currently scheduled ddls remain in full force, pending further orders of this Court. (COURT REPORTER: None) (CBD)cc: COR (Entered: 05/29/2007)

May 29, 2007
25

ORDER: Motion for Production (Record No. 15 ) is GRANTED. That on or before July 2, 2007, counsel for parties submit an agreed order to the undersigned for consideration concerning how best to contact the potential class members while simultaneously protecting the privacy of individuals whose info will be disclosed . Signed by Judge Edward B Atkins. (AKR)cc: COR (Entered: 06/22/2007)

June 22, 2007
26

ORDER: telephone conf previously scheduled for 6/30/2007 24 is RESCHEDULED for 7/12/2007 @ 10:00 am. Signed by Judge Edward B Atkins. (CBD)cc: COR (Entered: 06/28/2007)

June 28, 2007

Set/Reset Hearings: Telephone Conference set for 7/12/2007 10:00 AM in Ashland before Edward B Atkins. (CBD) (Entered: 06/28/2007)

June 28, 2007
27

Proposed Agreed Order/Stipulation re production of MRSA documents by Gary Mumphrey. (Belzley, Gregory) (Entered: 07/02/2007)

July 2, 2007

***FILE SUBMITTED TO CHAMBERS of Caldwell for review: 27 Proposed Agreed Order/Stipulation (CBD) (Entered: 07/03/2007)

July 3, 2007
28

AGREED PROTECTIVE ORDER: Dfts are produce certain documents to pltf's counsel w/in 14 days of date of this order. The doc.s shall be marked "CONFIDENTIAL." (Parties shall comply w/ items 1−8) . Signed by Judge Edward B Atkins. (CBD)cc: COR (Entered: 07/03/2007)

July 3, 2007
29

AGREED PROTECTIVE ORDER: Dfts are produce certain documents to pltf's counsel w/in 14 days of date of this order. The doc.s shall be marked "CONFIDENTIAL." (Parties shall comply w/ items 1−8). . Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 07/03/2007)

July 3, 2007
30

ORDER: mater came for Telephone Status Conf (held on 7/12/2007) to discuss progrees of discovery and feasibility of current ddls. As discovery is ongoing, and in light of Court's Order 29 of 7/3/2007, IT IS ORDERED on or before 7/31/2007 parties meet and report to Court re proposed amendments to current discovery plan. Signed by Judge Edward B Atkins. (COURT REPORTER: None) (CBD)cc: COR (Entered: 07/12/2007)

July 12, 2007

***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: No response to 30 Order (CBD) (Entered: 08/01/2007)

Aug. 1, 2007
31

MOTION to Stay by Gary Mumphrey pretrial deadlines for 90 days (Attachments: # 1 Proposed Order)(Belzley, Gregory) Modified text to include text in italics to better describe pleading on 8/2/2007 (Ratliff, Kay). (Entered: 08/01/2007)

Aug. 1, 2007

***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Atkins for review: 31 MOTION to Stay Pretrial Deadlines by Gary Mumphrey. (AKR) (Entered: 08/20/2007)

Aug. 20, 2007
32

ORDER: that all pre−trial deadlines are abated in this case. The parties are directed to file, on Nov. 1, 2007, a status report w/Court &a discovery plan to govern the litigation of this matter. The parties are encouraged during this abatement to continue discovery in an effort toward moving this case toward resolution. (Motions terminated: 31 MOTION to Stay). Signed by Judge Edward B Atkins. (AKR)cc: COR (Entered: 08/22/2007)

Aug. 22, 2007
33

JOINT STATUS REPORT by Gary Mumphrey, Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Karem, Scott) (Entered: 11/01/2007)

Nov. 1, 2007

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review &scheduling: 33 Joint Status Report. (AKR) (Entered: 11/02/2007)

Nov. 2, 2007
34

ORDER: (1) Plff's Motion re 33 is GRANTED. (2) A telephone conf call among the undersigned &counsel is scheduled for MONDAY, 12/3/2007 at 10:30 AM, Eastern Time; (3) The undersigned's office shall initiate said teleph conf call, in which lead counsel for each party shall participate &be prepared to report on status of discovery &to discuss any other releveant matters arising in this case. Signed by Judge Edward B Atkins. (AKR)cc: COR, diary (Entered: 11/02/2007)

Nov. 2, 2007
35

MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 12/3/2007, before Edward B Atkins: (1) Rule 26(a)(2) reports from expert trial witnesses due: (i) plffs by 6/30/08; and (ii) dfts by 8/15/08. (2) Supplementation of discl &responses as required by rule 26(e) by 9/1/08. (3)All discovery, including expert disc, due by 9/30/2008. (4) Trial of matter sched for 5/19/08 is CANCELLED. (5) Matter come on for telephone conf call on Tuesday, 9/30/08 at 10:00 am. The undersigned's ofc shall initiate the call, which shall be attended by lead counsel for each party, to discuss dates for trial. (AKR)cc: COR, diary (Entered: 12/03/2007)

Dec. 3, 2007
36

MOTION to Compel Production of Documents by Gary Mumphrey (Attachments: # 1 Exhibit 10/3/07 e−mail, # 2 Exhibit 11/14/07 e−mail, # 3 Proposed Order)(Belzley, Gregory) Modified text w/ language in italics for better description on 12/6/2007 (CBD). (Entered: 12/05/2007)

Dec. 5, 2007
37

UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Compel by Gary Mumphrey by Shelby County, Kentucky, Bobby Waits, Bobby Waits (Attachments: # 1 Proposed Order)(Karem, Scott) Modified text to include "Unopposed" to better describe motion on 12/21/2007 (AKR). (Entered: 12/20/2007)

Dec. 20, 2007

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 37 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Compel by Gary Mumphrey by Shelby County, Kentucky, Bobby Waits, Bobby Waits. (AKR) (Entered: 12/21/2007)

Dec. 21, 2007
38

ORDER: 1. Dft shall up through &including 12/28/07 to file their response to Plf's motion to compel. (Motion terminated: 37 Motion for Extension of Time). Signed by Edward B Atkins on 12/21/2007. (AKR)cc: COR (Entered: 12/21/2007)

Dec. 21, 2007
39

RESPONSE in Opposition re 36 MOTION to Compel by Gary Mumphrey filed by Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Karem, Scott) (Entered: 12/28/2007)

Dec. 28, 2007

***MOTION SUBMITTED TO CHAMBERS of Caldwell for review: 36 MOTION to Compel Production of Documents by Gary Mumphrey (CBD) (Entered: 01/04/2008)

Jan. 4, 2008

NOTICE OF DOCKET MODIFICATION TO G. Belzley re 40 Reply to Response to Motion; ERROR: Page 9 of Exhibit 1 was sideways AND pages 1 through 17 of Exhibit 2 were sideways; Entry by attorney; CORRECTION: Clerk has rotated the pages and entered the documents as separate attachments; At the browse screen within ECF, the Attorney should always open and view each PDF document before proceeding with the filing ; No further action required by counsel. cc: COR (AKR) (Entered: 01/04/2008)

Jan. 4, 2008
41

ORDER: all non−dispositive matters including, but not limited to, discovery issues are hereby referred to United States Magistrate Judge Edward B. Atkins. ( 36 MOTION to Compel by Gary Mumphrey referred to Edward B Atkins). Signed by Judge Karen K. Caldwell on 1/15/2007.(CBD)cc: COR (Entered: 01/15/2008)

Jan. 15, 2008

***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: 36 MOTION to Compel by Gary Mumphrey (CBD) (Entered: 01/15/2008)

Jan. 15, 2008
42

ORDER: Plaintiffs Motion to Compel Production of Documents [R. 36] is DENIED. Signed by Edward B Atkins on 1/16/2008. (CBD)cc: COR (Entered: 01/16/2008)

Jan. 16, 2008
43

NOTICE of Appearance by Stacey A. Blankenship on behalf of Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3 (Blankenship, Stacey) (Entered: 05/22/2008)

May 22, 2008
44

MOTION for Extension of Time of pretrial deadlines by Gary Mumphrey Motions referred to Edward B Atkins. (Attachments: # 1 Proposed Order)(Belzley, Gregory) Modified by adding text in italics to better describe pleading on 6/27/2008 (AKR). (Entered: 06/27/2008)

June 27, 2008
45

NOTICE of Appearance by Douglas R. Moore on behalf of Shelby County, Kentucky, Bobby Waits, Bobby Waits (Moore, Douglas) (Entered: 06/27/2008)

June 27, 2008
46

ORDER: 1. Ddl for Rule 26(a)(2) reports from retained experts is extended, and such reports shall now be due from Plaintiff no later than 9/1/2008, and from Defendants no later than 10/15/2008; and 2. Discovery shall be completed no later than 12/1/2008. Signed by Edward B Atkins on 7/18/2008. (CBD)cc: COR (Entered: 07/18/2008)

July 18, 2008
47

DISCLOSURES of Expert Witnesses by Gary Mumphrey. (Attachments: # 1 Exhibit Miller Report, # 2 Exhibit Clark Report)(Belzley, Gregory) (Entered: 09/02/2008)

Sept. 2, 2008
48

ORDER for TELEPHONE CONFERENCE held on 9/30/2008 before Edward B Atkins: plaintiff shall have to and including 12/29/2008, within which to file any motion to certify a class. The defendant shall then have thirty days to respond. (CBD)cc: COR Modified text w. keyword language on 9/30/2008 (CBD). (Entered: 09/30/2008)

Sept. 30, 2008
49

NOTICE of Change of Address by Scott Edmund Karem (Karem, Scott) (Entered: 10/14/2008)

Oct. 14, 2008
50

Proposed Agreed Order/Stipulation by Gary Mumphrey, Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Karem, Scott) (Entered: 10/14/2008)

Oct. 14, 2008

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 50 Proposed Agreed Order. (AKR) (Entered: 10/14/2008)

Oct. 14, 2008
52

DISCLOSURES of Expert Witnesses by Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Attachments: # 1 Exhibit Expert Witness Report, # 2 Exhibit Expert Witness Report, # 3 Exhibit Expert CV, # 4 Exhibit Expert CV, # 5 Exhibit Raff CV part 1, # 6 Exhibit Raff CV part 2, # 7 Exhibit Raff CV part 3)(Karem, Scott) (Entered: 10/29/2008)

Oct. 29, 2008
53

MOTION to Amend Prior Discovery Order 42 Order on Motion to Compel by Gary Mumphrey and for Extension of Deadline for Motion for Class Certification − Motions referred to Edward B Atkins. (Attachments: # 1 Proposed Order)(Belzley, Gregory) Modified by adding text in italics and text cleanup on 12/12/2008 (AKR). (Entered: 12/11/2008)

Dec. 11, 2008
54

ORDER: (1) The Plaintiffs Motion to Amend &Motion for Extension 53 is DENIED. (2) The Courts order of September 30, 2008 remains in full force and effect, and any motion to certify a class shall be filed on or before DECEMBER 29, 2008. Signed by Edward B Atkins on 12/12/2008. (CBD)cc: COR (Entered: 12/12/2008)

Dec. 12, 2008
55

MOTION for Leave by Gary Mumphrey to File First Amended Complaint Motions referred to Edward B Atkins. (Attachments: # 1 Exhibit First Amended Complaint, # 2 Proposed Order)(Belzley, Gregory) (Entered: 12/29/2008)

Dec. 29, 2008
56

RESPONSE in Opposition re 55 MOTION for Leave by Gary Mumphrey to File First Amended Complaint filed by Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Attachments: # 1 Exhibit A − Copy of cited case, # 2 Exhibit B − Copy of cited case)(Karem, Scott) (Entered: 01/16/2009)

Jan. 16, 2009
57

REPLY to Response to Motion re 55 MOTION for Leave by Gary Mumphrey to File First Amended Complaint filed by Gary Mumphrey. (Attachments: # 1 Exhibit Bourdais opinion, # 2 Exhibit Monahan opinion)(Belzley, Gregory) (Entered: 01/24/2009)

Jan. 24, 2009

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 55 MOTION for Leave by Gary Mumphrey to File First Amended Complaint (CBD) (Entered: 01/26/2009)

Jan. 26, 2009
58

ORDER: Plaintiffs Motion for Leave to File First Amended Complaint 55 is DENIED WITHOUT PREJUDICE. Signed by Edward B Atkins on 3/11/2009. (CBD)cc: COR (Entered: 03/11/2009)

March 11, 2009
59

MOTION for Reconsideration re 58 Order on Motion for Leave by Gary MumphreyMotions referred to Edward B Atkins. (Attachments: # 1 Exhibit 1, Judge Russell's Jan. 14, 2009 Opinion &Order, # 2 Exhibit 2, Judge Russell's Mar. 6, 2009 Opinion &Order, # 3 Proposed Order)(Belzley, Gregory) (Entered: 03/13/2009)

March 13, 2009
60

NOTICE by Clerk to attorney Scott Edmund Karem via U.S. Mail re: failure to keep email account information updated (STB) (Additional attachment(s) added on 3/19/2009: # 1 MAIN DOCUMENT) (STB). (Entered: 03/19/2009)

March 19, 2009
61

NOTICE OF CLERICAL ERROR Re: PDF DOCUMENT: Error: INCORRECT document attached to docket entry by docket clerk; re 60 Notice by Clerk ; Correct document attached to this entry. cc: COR (STB) (Entered: 03/19/2009)

March 19, 2009
62

Proposed Agreed Order/Stipulation to file Response by Shelby County, Kentucky, Bobby Waits, Gary Mumphrey. (Karem, Scott) Modified text and added filer on 3/31/2009 (CBD). (Entered: 03/31/2009)

March 31, 2009
63

RESPONSE in Opposition re 59 MOTION for Reconsideration re 58 Order on Motion for Leave by Gary Mumphrey MOTION for Reconsideration re 58 Order on Motion for Leave by Gary Mumphrey filed by Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Attachments: # 1 Proposed Order)(Karem, Scott) (Entered: 03/31/2009)

March 31, 2009

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 62 Proposed Agreed Order/Stipulation (CBD) (Entered: 03/31/2009)

March 31, 2009

NOTICE OF DOCKET MODIFICATION TO Scott Karem re 62 Proposed Agreed Order/Stipulation; Error: attorney failed to choose all filers; Clerk has added the plaintiff as a filer to the document. In the future, attorney should hold the ctrl key on the keyboard and click on each party filing the pleading. No further action required by counsel. cc: COR (CBD) (Entered: 03/31/2009)

March 31, 2009
64

ORDER: Defendants shall have up through and including Tuesday, March 31, 2009in which to file their response to Plaintiffs motion 58 for reconsideration and/or clarification. Signed by Judge Karen K. Caldwell on 4/1/2009.(CBD)cc: COR (Entered: 04/01/2009)

April 1, 2009

***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re 59 MOTION for Reconsideration re 58 Order on Motion for Leave by Gary Mumphrey (CBD) (Entered: 04/21/2009)

April 21, 2009
65

ORDER: (1) The Plaintiffs Motion for Reconsideration 59 is GRANTED.(2) The Plaintiffs Motion for Leave to File First Amended Complaint 55 isGRANTED. (3) This matter is set for a telephonic status conference on 5/4/2009 @ 1:00 P.M. The undersigneds chambers will initiate said call, during which counsel shall be prepared to discuss the status of discovery, and current deadlines in the case. Signed by Edward B Atkins on 4/22/2009.(CBD)cc: COR (Entered: 04/22/2009)

April 22, 2009
68

FIRST AMENDED COMPLAINT against Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3, filed by Christopher Bagshaw, Barry Chesser, Tony Huff, William Farris, Troy Ingram, Kenneth Kipp, Mark Lefler, Norris Martin, Richard Metzger, Stafford Mitchell, Gary Mumphrey, Elvin Noble, Alfred Perry, Debra Probus, Beata Ray, Dennis Rogers, David Settles, Gary Mumphrey. (Filed per Order 65 ) (CBD) (Entered: 05/26/2009)

April 22, 2009
66

Proposed Agreed Order/Stipulation Setting Discovery Deadlines by Gary Mumphrey, Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Belzley, Gregory) (Entered: 05/04/2009)

May 4, 2009

***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: 66 Proposed Agreed Order/Stipulation (CBD) (Entered: 05/04/2009)

May 4, 2009
67

ORDER for TELEPHONE CONFERENCE held on 5/7/2009, before Edward B Atkins: (1) Discovery shall be completed on or before MARCH 1, 2010; (2) Deadline for amendment of the pleadings is AUGUST 31, 2009; (3) Expert reports shall be due: (a) From the Plaintiffs, on or before NOVEMBER 1, 2009; (b) From the Defendants, on or before DECEMBER 31, 2009;(4) On or before OCTOBER 31, 2009, the parties shall attend either mediation or a Court−sponsored settlement conference. If the parties desire a settlement conference, they shall inform the Court as soon as possible, in order to ensure scheduling before the deadline; (5) This matter shall come before the undersigned for a telephonic status conference on NOVEMBER 17, 2009 AT THE HOUR OF 2:00 P.M. Eastern. The undersigneds office will initiate said call, during which counsel for the parties shall be prepared to discuss the status of the case.(Court Reporter None.) Signed by Judge Atkins. (CBD)cc: COR, diary (Entered: 05/07/2009)

May 7, 2009
69

MOTION for Leave to File Second Amended Complaint by Gary Mumphrey, Chistopher Bagshaw, Barry Chesser, Tony Huff, William Farris, Troy Ingram, Kenneth Kipp, Mark Lefler, Norris Martin, Richard Metzger, Stafford Mitchell, Gary Memphrey, Elvin Noble, Alfred Perry, Debra Probus, Beata Ray, Dennis Rogers, David Settles, Anthony Manning, Jeffery Perry, Paulinia Reece, James Rose Motions referred to Edward B Atkins. (Attachments: # 1 Exhibit Second Amended Complaint, # 2 Proposed Order)(Belzley, Gregory) Redefines motion relief, added filers on 5/28/2009 (CBD). (Entered: 05/27/2009)

May 27, 2009

NOTICE OF DOCKET MODIFICATION TO Greg Belzley re 69 MOTION for leave to file Second Amended Complaint; Error: the incorrect motion relief to Intervene was selected. Entry by Attorney; Clerk re−defined the pleading as a Motion for leave to file Second Amended Complaint. No further action required by counsel. cc: COR (CBD) (Entered: 05/28/2009)

May 28, 2009
70

ORDER: that Plaintiff's motion 69 for leave of Court to file their Second Amended Complaint is GRANTED. Signed by Edward B Atkins on 5/29/2009. (CBD)cc: COR (Entered: 05/29/2009)

May 29, 2009
71

SECOND AMENDED COMPLAINT against Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3, filed by Christopher Bagshaw, Barry Chesser, Tony Huff, William Farris, Troy Ingram, Kenneth Kipp, Mark Lefler, Norris Martin, Richard Metzger, Stafford Mitchell, Elvin Noble, Alfred Perry, Gary Mumphrey, Debra Probus, Beata Ray, Dennis Rogers, David Settles, Anthony Manning, Jeffery Perry, Paulinia Reece, James Rose. (Filed per Order 70 )(CBD) (Entered: 06/01/2009)

May 29, 2009
72

ANSWER to 68 Amended Complaint, by Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3.(Karem, Scott) (Entered: 06/16/2009)

June 16, 2009
73

ANSWER to 71 Amended Complaint, by Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3.(Karem, Scott) (Entered: 06/19/2009)

June 19, 2009
74

Proposed Agreed Order/Stipulation by Christopher Bagshaw, Barry Chesser, Tony Huff, William Farris, Troy Ingram, Kenneth Kipp, Mark Lefler, Norris Martin, Richard Metzger, Stafford Mitchell, Elvin Noble, Alfred Perry, Gary Mumphrey, Debra Probus, Beata Ray, Dennis Rogers, David Settles, Anthony Manning, Jeffery Perry, Paulinia Reece, James Rose. (Belzley, Gregory) (Entered: 09/14/2009)

Sept. 14, 2009

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 74 Proposed Agreed Order/Stipulation. (AKR) (Entered: 09/15/2009)

Sept. 15, 2009
75

AGREED ORDER: 1. The Court's order dated March 5, 2009 requiring the parties to file amendments to pleadings on or before August 31, 2009 remains in effect as an order of the Court with the exception that Plaintiff may file amended complaints adding specific additional plaintiffs up through and including October 9, 2009. 2. Plaintiff's ability to amend and add additional plaintiffs is limited to adding the following named individuals: Aver/ Florence, Chastity Franco, Jessie Richardson, Samantha Roberts, Kristy Shuck, Jeffrey Sowards, David Stone, Jason Stone, William Stone, Earl Murray, Charles Wright, Charon Craft and Robert Miller. 3. Pursuant to the Court's order dated March 5, 2009 the parties are prohibited from amending pleadings except as otherwise set forth specifically in this order. Signed by Judge Karen K. Caldwell on 9/15/2009.(AKR)cc: COR (Entered: 09/15/2009)

Sept. 15, 2009
76

NOTICE of Change of Address by Gregory Allen Belzley (Belzley, Gregory) (Entered: 11/18/2009)

Nov. 18, 2009
77

NOTICE of Change of Address by Gregory Allen Belzley (Belzley, Gregory) (Entered: 11/19/2009)

Nov. 19, 2009
78

ORDER for TELEPHONE CONFERENCE held on 11/17/2009 before Edward B Atkins: (1) All current deadlines remain in place; (2) The parties shall file any dispositive motions on or before MAY 1, 2010 with response and reply time per Local Rule 7.1; (3) PRELIMINARY PRETRIAL CONFERENCE set for 8/11/2010 11:30 AM in FRANKFORT before Edward B Atkins. Signed by Edward B. Atkins. (Court Reporter None.) (CBD)cc: COR (Entered: 11/20/2009)

Nov. 20, 2009

Terminate Hearings: Jury Trial of 5/19/2008 cancelled per Order 12/3/2007 35 (CBD) (Entered: 11/20/2009)

Nov. 20, 2009

State / Territory: Kentucky

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Oct. 12, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates at the Shelby County Detention Center who were infected with MRSA.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Shelby County (Shelby), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Bathing and hygiene

Conditions of confinement

Failure to train

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Affected Gender:

Female

Male

Medical/Mental Health:

Medical care, general

Skin Infections

Type of Facility:

Government-run