Case: French v. Daviess County

4:07-cv-00105 | U.S. District Court for the Western District of Kentucky

Filed Date: Aug. 20, 2007

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On August 31, 2011, an inmate at the Daviess County Detention Center filed a class-action lawsuit in the U.S. District Court for the Western District of Kentucky under 42 U.S.C. § 1983 against Daviess County and the Daviess County Detention Center. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, as well as damages, claiming that they were denied medical attention for serious medical needs and necessary medication prescribed by medical autho…

On August 31, 2011, an inmate at the Daviess County Detention Center filed a class-action lawsuit in the U.S. District Court for the Western District of Kentucky under 42 U.S.C. § 1983 against Daviess County and the Daviess County Detention Center. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, as well as damages, claiming that they were denied medical attention for serious medical needs and necessary medication prescribed by medical authorities because of the defendants' neglect and deliberate indifference in violation of the Eighth and Fourteenth Amendments.

The plaintiffs specifically alleged the defendants that the jail had a blanket policy to deny all psychotropic drugs regardless of their needs and doctors' prescriptions. The plaintiffs alleged that the defendants' conduct was intentional or grossly negligent, and was indicative of not only deliberate indifference to, but active malice and a total and reckless disregard for the rights of the plaintiffs.

On July 23, 2008, Judge Joseph H. McKinley denied the defendants' motion for a more definitive statement. On June 16, 2009, Judge McKinley granted in part and reserved in part the defendants' motion for summary judgment. French v. Daviess Cnty., Ken., 2009 WL 1766928 (W.D. Ky. June 23, 2009).

On August 18, 2009, Judge McKinley denied the plaintiffs' motion for reconsideration and granted summary judgment for the reserved portions of the defendants' motions for summary judgment. Judge McKinley also denied the plaintiffs' motion for class certification. Judge McKinley held that the plaintiff failed to show that any jail personnel deprived him of narcotic pain medication because of an alleged no-narcotics policy. Furthermore, the plaintiff failed to show that placing him on a Valium detoxification protocol was the result of deliberate indifference on the part of jail personnel. French v. Daviess Cnty., Ky., 2009 WL 2589513 (W.D. Ky. Aug. 19, 2009).

On May 5, 2010, Judges Merritt, Cole, and Cook of the Court of Appeals for the Sixth Circuit affirmed the judgment of the district court. The court held that jail officials were not able to obtain reliable information that French needed narcotic pain medication or Xanax. Officials instead made reasoned, individualized determinations as to French's care, such as placing him on a detoxification protocol and transporting him to the hospital. Consequently, jail officials were not deliberately indifferent to French's serious medical needs. French v. Daviess Cnty., Ky., 376 F. App'x 519 (6th Cir. 2010).

Summary Authors

Jessica Kincaid (4/5/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4828263/parties/french-v-daviess-county-kentucky/


Judge(s)

Cole, Ransey Guy Jr. (Ohio)

Cook, Deborah L. (Ohio)

Goebel, E. Robert (Kentucky)

McKinley, Joseph H. Jr. (Kentucky)

Merritt, Gilbert Stroud Jr. (Tennessee)

Attorneys(s) for Plaintiff

Belzley, Gregory A. (Kentucky)

Carl, Samuel B (Kentucky)

Attorneys(s) for Defendant

Asseff, Brent T (Kentucky)

Klausing, Joseph Charles (Kentucky)

Nunley, Marvin P (Kentucky)

Judge(s)

Cole, Ransey Guy Jr. (Ohio)

Cook, Deborah L. (Ohio)

Goebel, E. Robert (Kentucky)

McKinley, Joseph H. Jr. (Kentucky)

Merritt, Gilbert Stroud Jr. (Tennessee)

Attorneys(s) for Plaintiff

Belzley, Gregory A. (Kentucky)

Carl, Samuel B (Kentucky)

Attorneys(s) for Defendant

Asseff, Brent T (Kentucky)

Klausing, Joseph Charles (Kentucky)

Nunley, Marvin P (Kentucky)

Thompson, Jeffrey D (Kentucky)

Whonsetler, Scott P (Kentucky)

Documents in the Clearinghouse

Document

Docket [PACER]

June 1, 2010 Docket
16

First Amended Class Action Complaint for Damages and Injunctive Relief

Jan. 11, 2008 Complaint
23

SECOND AMENDED CLASS ACTION COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

April 24, 2008 Complaint
54

Order [Denying Motion for a More Definitive Statement]

July 23, 2008 Order/Opinion
108

Memorandum Opinion and Order [Concerning Defendants' Motions for Summary Judgment]

2009 WL 1766928

June 16, 2009 Order/Opinion
123

Memorandum Opinion and Order [Denying Motion for Reconsideration]

2009 WL 2589513

Aug. 18, 2009 Order/Opinion
126

Order [USCA Affirming Judgment of the District Court]

U. S. Court of Appeals for the Sixth Circuit

376 Fed.Appx. 519

May 5, 2010 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4828263/french-v-daviess-county-kentucky/

Last updated May 12, 2022

ECF Number Description Date Link
1

CLASS ACTION COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against Daviess County, Kentucky, David Osborne, John and Jane Does, Nos. 1, 2, and 3 Filing fee $ 350, receipt number 583830., filed by Billy Joseph French. (Attachments: # 1 Cover Sheet # 2 Summons to Daviess Co KY# 3 Summons To David Osborne) (PRM) (Entered: 08/21/2007)

Aug. 20, 2007
108

MEMORANDUM OPINION AND ORDER granting in part and reserving in part 74 Motion for Summary Judgment; granting in part and reserving in part 75 Motion for Summary Judgment; granting in part and reserving in part 78 Motion for Summary Judgment; denying 90 Motion for Hearing. Signed by Judge Joseph H. McKinley, Jr on 6/16/09. cc:counsel (JBM)

June 23, 2009 RECAP
123

MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley, Jr on 8/18/09; Plaintiff's motion for reconsideration 110 is DENIED; Defendant's motion 109 for partial summary judgment is GRANTED; Reserved portions of defendant's motions for summary judgment 74 , 75 and 78 are GRANTED; Plaintiff's motion to certify class 79 is DENIED as moot. A Judgment will be entered consistent with this Memorandum Opinion and Order.cc:counsel (JBM)

Aug. 19, 2009 RECAP
2

Case Assignment (Random Selection): Case Assigned to Joseph H. McKinley, Jr.. (PRM) (Entered: 08/21/2007)

Aug. 20, 2007
4

Summons Issued as to Daviess County, Kentucky, David Osborne. (JBM) (Entered: 08/21/2007)

Aug. 20, 2007
3

ORDER [eboc] by Joseph H. McKinley Jr. on 8/21/07; Referring Case to Magistrate Judge E. Robert Goebel for determination of nondispositive matters. cc:Counsel (PRM) (Entered: 08/21/2007)

Aug. 21, 2007
5

SUMMONS Returned Executed by Billy Joseph French. David Osborne served on 8/22/2007, answer due 9/11/2007. (Belzley, Gregory) (Entered: 08/24/2007)

Aug. 24, 2007
7

ANSWER to Complaint by Daviess County, Kentucky, David Osborne, John and Jane Does, Nos. 1, 2, and 3. (Nunley, Marvin) (Entered: 09/13/2007)

Sept. 13, 2007
8

ORDER by Judge Joseph H. McKinley Jr.(EBOC) on 09/24/2007; Scheduling Conference set for 11/6/2007 11:00 AM in Teleconference before Magistrate Judge E. Robert Goebel. Rule 26 Meeting Report due by 10/30/2007. cc:Counsel, Case Mgr−Secy ERG (CSD) (Entered: 09/25/2007)

Sept. 25, 2007
9

REPORT of Rule 26(f) Planning Meeting by Billy Joseph French, Daviess County, Kentucky, David Osborne. (Belzley, Gregory) (Entered: 10/02/2007)

Oct. 2, 2007
10

ORDER by Magistrate Judge E. Robert Goebel on 10/3/07; Telephonic Scheduling Conference reset for 11/7/2007 at 11:00 AM before Magistrate Judge E. Robert Goebel. cc:Counsel, KL, PH (JBM) (Entered: 10/03/2007)

Oct. 3, 2007
11

Proposed Agreed Order/Stipulation for Production of KCPC Records . by Billy Joseph French and Daviess County, Kentucky. (Belzley, Gregory) (Entered: 10/11/2007)

Oct. 11, 2007
12

AGREED ORDER by Magistrate Judge E. Robert Goebel on 10/21/2007; ORDERED that Kentucky Correctional Psychiatric Center release to counsel for Plaintiff, Gregory A. Belzley, a complete copy of all documents in its files concerning Plaintiff, Billy Joseph French. cc: Counsel (CDF) (Entered: 10/23/2007)

Oct. 23, 2007
13

SCHEDULING ORDER for proceedings held before Magistrate Judge E. Robert Goebel: Telephonic Scheduling Conference held on 11/13/2007. Motions to Amend Pleadings due by 3/3/2008; Daubert Motion due by 6/2/2008; Discovery due by 5/1/2008; Dispositive Motions due by 6/2/2008; Expert Witness (Defendant) due by 4/1/2008; Expert Witness (Plaintiff) due by 3/3/2008; Motions to Join Additional Parties due by 3/3/2008; Telephone Conference set for 5/6/2008 at 10:30 AM before Magistrate Judge E. Robert Goebel. cc:Counsel, PH, KL (JBM) (Entered: 11/13/2007)

Nov. 13, 2007
14

MOTION for Leave to File First Amended Complaint by Plaintiff Billy Joseph French Responses due by 12/17/2007 (Attachments: # 1 Exhibit First Amended Complaint, # 2 Proposed Order) (Belzley, Gregory) (Entered: 11/28/2007)

Nov. 28, 2007
15

ORDER granting 14 Motion for Leave to File Amended Complaint. Signed by Magistrate Judge E. Robert Goebel on 1/10/08. cc:counsel, PH (JBM) (Entered: 01/11/2008)

Jan. 11, 2008
16

AMENDED COMPLAINT with Jury Demand against Daviess County, Kentucky, David Osborne, John and Jane Does, Nos. 1, 2, and 3, filed by Billy Joseph French. (JBM) (Entered: 01/11/2008)

Jan. 11, 2008
17

ANSWER to 16 Amended Complaint by Daviess County, Kentucky, David Osborne, John and Jane Does, Nos. 1, 2, and 3. (Nunley, Marvin) (Entered: 01/17/2008)

Jan. 17, 2008
18

Proposed Agreed Order/Stipulation for Extension of Pre−Trial Deadlines by Billy Joseph French. (Belzley, Gregory) (Entered: 02/18/2008)

Feb. 18, 2008
19

AGREED ORDER by Magistrate Judge E. Robert Goebel on 2/26/08; Motions to Amend Pleadings due by 4/1/2008. Expert Witness (Plaintiff) due by 4/1/2008. Motions to Join Additional Parties due by 4/1/2008. Expert Witness (Defendant) due by 5/1/2008. Discovery due by 6/2/2008. Dispositive Motions due by 6/2/2008. Telephone Conference reset for 6/6/2008 at 9:00 AM before Magistrate Judge E. Robert Goebel.cc:counsel, KL, PH (JBM) (Entered: 02/26/2008)

Feb. 26, 2008
20

ORDER by Magistrate Judge E. Robert Goebel on 2/27/08; Telephone Conference reset for 6/30/2008 at 10:30 AM before Magistrate Judge E. Robert Goebel.cc:counsel, PH, KL (JBM) (Entered: 02/28/2008)

Feb. 28, 2008
22

AGREED ORDER by Magistrate Judge E. Robert Goebel on 3/25/08; Motions to Amend Pleadings due by 5/1/2008. Expert Witness (Plaintiff) due by 5/1/2008. Motions to Join Additional Parties due by 5/1/2008. Expert Witness (Defendant) due by 6/2/2008. Plaintiff shall file motion for class certification by 7/1/2008, if warranted.cc:counsel, PH (JBM) (Entered: 03/26/2008)

March 26, 2008
23

MOTION for Leave to File Second Amended Complaint by Plaintiff Billy Joseph French Responses due by 5/13/2008 (Attachments: # 1 Exhibit Second Amended Complaint, # 2 Summons for Carol Byrd, # 3 Summons for William Scott Chapman, M.D., # 4 Proposed Order) (Belzley, Gregory) (Entered: 04/25/2008)

April 25, 2008
24

Proposed Agreed Order/Stipulation by the parties. (Belzley, Gregory) (Entered: 04/25/2008)

April 25, 2008
25

Expert Witness Disclosure by Billy Joseph French. (Attachments: # 1 Exhibit 1, Eugene Miller Report, # 2 Exhibit 2, Part 1, John Clark Report, # 3 Exhibit 2, John Clark Curriculum Vitae, # 4 Exhibit 3, Gerald Rightmyer Report, # 5 Exhibit 4, John Gergen Report) (Belzley, Gregory) (Entered: 04/29/2008)

April 29, 2008
26

AGREED ORDER by Magistrate Judge E. Robert Goebel on 5/2/08; Pretrial deadlines for discovery and dispositive motions are abated pending ruling on Plaintiff's anticipated motion for class certification.cc:counsel, PH (JBM) (Entered: 05/02/2008)

May 2, 2008
27

Proposed Agreed Order/Stipulation extending defendants' expert disclosure deadlline by Billy Joseph French, Daviess County, Kentucky, David Osborne, John and Jane Does, Nos. 1, 2, and 3. (Nunley, Marvin) (Entered: 05/09/2008)

May 9, 2008
28

MOTION to Compel Production of Inmate Documents by Plaintiff Billy Joseph French Responses due by 5/27/2008 (Attachments: # 1 Proposed Order) (Belzley, Gregory) (Entered: 05/09/2008)

May 9, 2008
29

AGREED ORDER by Magistrate Judge E. Robert Goebel on 5/12/08; Expert Witness (Defendant) due by 8/1/2008.cc:counsel, PH (JBM) (Entered: 05/13/2008)

May 13, 2008
30

RESPONSE to Motion re 28 MOTION to Compel Production of Inmate Documents filed by Daviess County, Kentucky, David Osborne, John and Jane Does, Nos. 1, 2, and 3. Replies due by 6/6/2008. (Attachments: # 1 Exhibit Affidavit of Joni Clark, # 2 Exhibit Transcript of Dr. Robert Byrd, # 3 Proposed Order) (Nunley, Marvin) (Entered: 05/23/2008)

May 23, 2008
31

REPLY to Response to Motion re 28 MOTION to Compel Production of Inmate Documents filed by Billy Joseph French. (Attachments: # 1 Proposed Order) (Belzley, Gregory) (Entered: 05/29/2008)

May 29, 2008
32

ORDER signed by Magistrate Judge E. Robert Goebel on 5/29/2008 granting 23 Motion for Leave to file Second Amended Complaint. cc: Counsel, Secretary to ERG (CDF) (Entered: 05/30/2008)

May 30, 2008
33

SECOND AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against Daviess County, Kentucky; David Osborne; John and Jane Does, Nos. 1, 2, and 3; Carol Byrd, ARNP; William Scott Chapman, MD, filed by Billy Joseph French. (CDF) (Entered: 05/30/2008)

May 30, 2008
34

Summons Issued as to William Scott Chapman. (JBM) (Entered: 06/02/2008)

June 2, 2008
35

Summons Issued as to Carol Byrd. (JBM) (Entered: 06/02/2008)

June 2, 2008
36

ORDER by Magistrate Judge E. Robert Goebel on 5/30/08;Defendant's shall submit a supplemental memorandum responding to Plaintiff's proposal to further limit the scope of the document request. Supplemental memorandum due by 6/10/2008.cc:counsel, PH (JBM) (Entered: 06/02/2008)

June 2, 2008
37

ORDER by Magistrate Judge E. Robert Goebel on 6/2/08; Defendant's shall submit a supplemental memorandum responding to plaintiff's proposal to further limit the scope of the document request. Supplemental memorandum due by 6/17/2008.cc:counsel, PH (JBM) (Entered: 06/02/2008)

June 2, 2008
38

SUMMONS Returned Executed by Billy Joseph French. Carol Byrd served on 6/5/2008, answer due 6/25/2008. (Belzley, Gregory) (Entered: 06/06/2008)

June 6, 2008
39

SUMMONS Returned Executed by Billy Joseph French. William Scott Chapman served on 6/4/2008, answer due 6/24/2008. (Belzley, Gregory) (Entered: 06/06/2008)

June 6, 2008
40

NOTICE of Appearance by Joseph Charles Klausing on behalf of William Scott Chapman (Klausing, Joseph) (Entered: 06/09/2008)

June 9, 2008
41

ANSWER to 33 Amended Complaint (Second) by Daviess County, Kentucky, David Osborne, John and Jane Does, Nos. 1, 2, and 3. (Nunley, Marvin) (Entered: 06/11/2008)

June 11, 2008
42

RESPONSE to Motion re 28 MOTION to Compel Production of Inmate Documents (supplemental requested by Judge Goebel) filed by Daviess County, Kentucky, David Osborne, John and Jane Does, Nos. 1, 2, and 3. Replies due by 6/27/2008. (Attachments: # 1 Exhibit French's DCDC inmate medical form) (Nunley, Marvin) (Entered: 06/13/2008)

June 13, 2008
43

MOTION for More Definite Statement by Defendant William Scott Chapman Responses due by 7/7/2008 (Attachments: # 1 Proposed Order) (Klausing, Joseph) (Entered: 06/19/2008)

June 19, 2008
44

ANSWER to 33 Amended Complaint (Second) by Carol Byrd. (Nunley, Marvin) (Entered: 06/24/2008)

June 24, 2008
45

MOTION to Vacate Deadline for Motion for Class Certification by Plaintiff Billy Joseph French Responses due by 7/14/2008 (Attachments: # 1 Proposed Order) (Belzley, Gregory) (Entered: 06/24/2008)

June 24, 2008
46

Amended ANSWER to 33 Amended Complaint (Second) by Daviess County, Kentucky, David Osborne, John and Jane Does, Nos. 1, 2, and 3. (Nunley, Marvin) (Entered: 06/24/2008)

June 24, 2008
47

RESPONSE to Motion re 43 MOTION for More Definite Statement filed by Billy Joseph French. Replies due by 7/14/2008. (Attachments: # 1 Proposed Order) (Belzley, Gregory) (Entered: 06/30/2008)

June 30, 2008
48

NOTICE of Appearance by Scott P. Whonsetler and Jeffrey D. Thompson on behalf of Carol Byrd (Whonsetler, Scott) Modified text on 7/2/2008 (CDF). (Entered: 07/01/2008)

July 1, 2008
49

MOTION to Withdraw as Attorney by Defendant Carol Byrd Responses due by 7/21/2008 (Attachments: # 1 Proposed Order) (Nunley, Marvin) (Entered: 07/01/2008)

July 1, 2008
50

ORDER by Magistrate Judge E. Robert Goebel on 6/30/2008 granting 45 Motion to Vacate deadline for motion for class certification; the 7/1/08 deadline for plaintiff to file motion for class certification is remanded from court's docket; telephonic status conference shall be rescheduled in the order ruling upon plaintiff's motion to compel production of inmate documents. cc:counsel, Pat Harralson (TLB) (Entered: 07/02/2008)

July 2, 2008
51

ORDER by Magistrate Judge E. Robert Goebel on 7/1/2008 denying as moot 28 Motion to Compel production of inmate documents. IT IS FURTHER ORDERED that counsel for the parties shall confer for the purpose of setting a date and time for Plaintiff to review the inmate files that fall within the scope of Plaintiff's modified document requests. Telephonic Status Conference set for 8/4/2008 11:00 AM CDT before Magistrate Judge E. Robert Goebel. cc: Counsel, Secretary to ERG (CDF) (Entered: 07/02/2008)

July 2, 2008
52

ORDER by Magistrate Judge E. Robert Goebel on 7/3/2008 granting 49 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that Marvin P. Nunley be permitted to withdraw as counsel for Carol Byrd, ARNP. cc: Counsel, Secretary to ERG (CDF) (Entered: 07/03/2008)

July 3, 2008
54

ORDER denying 43 Motion for More Definite Statement. Signed by Magistrate Judge E. Robert Goebel on 7/23/08. cc:counsel, PH (JBM) (Entered: 07/24/2008)

July 24, 2008
55

ANSWER to 33 Amended Complaint (Second Amended Class Action Complaint) by William Scott Chapman. (Klausing, Joseph) (Entered: 07/31/2008)

July 31, 2008
56

Proposed Agreed Order/Stipulation regarding production of inmate records by Carol Byrd, William Scott Chapman, Billy Joseph French, Daviess County, Kentucky, David Osborne, John and Jane Does, Nos. 1, 2, and 3. (Nunley, Marvin) (Entered: 08/04/2008)

Aug. 4, 2008
57

ORDER for proceedings held before Magistrate Judge E. Robert Goebel: Telephone Conference held on 8/4/2008. Rule 26 Meeting Report due by 8/29/2008. Telephonic Scheduling Conference set for 9/5/2008 at 10:30 AM before Magistrate Judge E. Robert Goebel. cc:counsel, KL, PH (JBM) (Entered: 08/05/2008)

Aug. 5, 2008
58

AGREED PROTECTIVE ORDER by Magistrate Judge E. Robert Goebel on 8/4/08 cc:counsel, PH (JBM) (Entered: 08/05/2008)

Aug. 5, 2008
59

REPORT of Rule 26(f) Planning Meeting by Carol Byrd. (Whonsetler, Scott) (Entered: 08/29/2008)

Aug. 29, 2008
60

ORDER by Magistrate Judge E. Robert Goebel on 9/4/08; Telephonic Scheduling Conference reset for 9/8/2008 at 1:15 PM before Magistrate Judge E. Robert Goebel.cc:counsel, PH, KL (JBM) (Entered: 09/05/2008)

Sept. 5, 2008
61

ORDER for proceedings held before Magistrate Judge E. Robert Goebel: Telephonic Scheduling Conference held on 9/8/2008. Discovery due by 12/31/2008. Rule 26(a)(1) Disclosure due by 9/30/2008; Plaintiff's shall file motions or other documents with the Court on the issue of Class Certification by 2/2/09; Telephone Conference set for 1/6/2009 at 9:00 AM before Magistrate Judge E. Robert Goebel. cc:counsel, KL, PH (JBM) (Entered: 09/09/2008)

Sept. 9, 2008
62

RULE 26 INITIAL DISCLOSURE STATEMENT by Carol Byrd. (Attachments: # 1 Exhibit Declaration Page) (Whonsetler, Scott) (Entered: 09/30/2008)

Sept. 30, 2008
63

RULE 26 INITIAL DISCLOSURE STATEMENT by William Scott Chapman. (Klausing, Joseph) (Entered: 09/30/2008)

Sept. 30, 2008
64

NOTICE to Take Deposition of Billy Joe French by Carol Byrd. (Whonsetler, Scott) (Entered: 10/08/2008)

Oct. 8, 2008
65

NOTICE to Take Deposition of Nurse Vicki Isom by Carol Byrd. (Whonsetler, Scott) (Entered: 10/08/2008)

Oct. 8, 2008
66

NOTICE to Take Deposition of Nurse Vicki Isom by Carol Byrd. (Whonsetler, Scott) (Entered: 10/17/2008)

Oct. 17, 2008
67

MOTION to Amend/Correct Answer by Defendant Carol Byrd Responses due by 12/2/2008 (Attachments: # 1 Proposed Order Granting Amended Answer) (Whonsetler, Scott) (Entered: 11/14/2008)

Nov. 14, 2008
68

Amended ANSWER to 33 Amended Complaint by Carol Byrd. (Whonsetler, Scott) (Entered: 11/14/2008)

Nov. 14, 2008
69

MOTION to Amend/Correct Answer to Complaint by Defendant Carol Byrd Responses due by 12/5/2008 (Attachments: # 1 Proposed Order granting motion to amend answer to complaint, # 2 Exhibit Amended Answer to Complaint) (Whonsetler, Scott) (Entered: 11/17/2008)

Nov. 17, 2008
70

RESPONSE to Discovery Request from plaintiff by Daviess County, Kentucky, David Osborne, John and Jane Does, Nos. 1, 2, and 3. (Nunley, Marvin) (Entered: 12/12/2008)

Dec. 12, 2008
72

AMENDED ANSWER to 33 Amended Complaint by Carol Byrd. (CDF) (Entered: 12/29/2008)

Dec. 29, 2008
73

REPORT for proceedings held before Magistrate Judge E. Robert Goebel: Telephonic Status Conference held on 1/6/2009. The Courtroom deputy will monitor Judge McKinley's ruling on the motion for class certification and schedule this matter for a status conference thereafter. cc:counsel, PH (JBM) (Entered: 01/07/2009)

Jan. 7, 2009
74

MOTION for Summary Judgment by Defendant William Scott Chapman Responses due by 2/9/2009 (Attachments: # 1 Proposed Order, # 2 Memorandum in Support, # 3 Exhibit A, # 4 Exhibit B) (Klausing, Joseph) (Entered: 01/21/2009)

Jan. 21, 2009
75

MOTION for Summary Judgment by Defendant Carol Byrd Responses due by 2/10/2009 (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment, # 2 Proposed Order granting Summary Judgment) (Thompson, Jeffrey) (Additional attachment(s) added on 3/24/2009: # 3 Carol Byrd Depo, # 4 Billy French Depo 11/10/08, # 5 Billy French Depo 1/16/08, # 6 Dr. Neil Troost Depo, # 7 Vicki Osom Depo, # 8 David Osborne Depo) (KJS). (Entered: 01/23/2009)

Jan. 23, 2009
76

Proposed Agreed Order/Stipulation by Carol Byrd, William Scott Chapman, Billy Joseph French, Daviess County, Kentucky, David Osborne, John and Jane Does, Nos. 1, 2, and 3. (Belzley, Gregory) (Entered: 02/02/2009)

Feb. 2, 2009
77

AGREED ORDER by Magistrate Judge E. Robert Goebel on 2/3/09 re: 75 Defendant's MOTION for Summary Judgment, 74 Defendant's MOTION for Summary Judgment: Plaintiff's Response time extended to 2/16/2009; Deadline for Plaintiff's motion for class certification is extended to 2/9/2009. cc:counsel, PH (JBM) (Entered: 02/04/2009)

Feb. 4, 2009
78

MOTION for Summary Judgment by Defendants Daviess County, Kentucky, David Osborne, John and Jane Does, Nos. 1, 2, and 3 Responses due by 2/24/2009 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A − David Osborne deposition testimony, # 3 Exhibit B − Dr. Robert Byrd deposition testimony, # 4 Exhibit C − Carol Byrd deposition testimony, # 5 Exhibit D − Dr. William Scott Chapman deposition testimony, # 6 Exhibit E − Dr. Neil Troost deposition testimony, # 7 Exhibit F − Vicki Isom 1/16/08 deposition testimony, # 8 Proposed Order) (Nunley, Marvin) (Entered: 02/06/2009)

Feb. 6, 2009
79

MOTION to Certify Class by Plaintiff Billy Joseph French Responses due by 2/27/2009 (Attachments: # 1 Proposed Order, # 2 Memorandum in Support, # 3 Exhibit A, Vicki Isom 1/16/08 Depo Excerpts, # 4 Exhibit B, Carol Byrd Depo Excerpts, # 5 Exhibit C, Valium Protocol, # 6 Exhibit D, Vicki Isom 11/11/08 Depo Excerpts, # 7 Exhibit E, William Chapman Depo Excerpts, # 8 Exhibit F, Billy French Intake Sheet, # 9 Exhibit G, Inmate Medical Form, # 10 Exhibit H, Billy French Depo Excerpts, # 11 Exhibit I, Inmate Prescription History, # 12 Exhibit J, Physician's Orders, # 13 Exhibit K, Inmate Incident History, # 14 Exhibit L, Progress Notes, # 15 Exhibit N, Memorandum Opinion and Order) (Belzley, Gregory) (Entered: 02/09/2009)

Feb. 9, 2009
80

MOTION to Seal Document 79 MOTION to Certify Class by Plaintiff Billy Joseph French Responses due by 2/27/2009 (Attachments: # 1 Proposed Order) (Belzley, Gregory) (Entered: 02/09/2009)

Feb. 9, 2009
81

MOTION for Leave to File Exhibits to Motion for Summary Judgment by Defendant Carol Byrd Responses due by 2/27/2009 (Attachments: # 1 Exhibit Carol Byrd Depo, # 2 Exhibit Billy French 11−10−08 Depo, # 3 Exhibit Billy French 1−16−08 Depo, # 4 Exhibit Dr Neil Troost Depo, # 5 Exhibit Vicki Osom Depo, # 6 Exhibit David Osborne Depo, # 7 Proposed Order For leave to file exhibits to Motion for Summary Judgment) (Thompson, Jeffrey) (Entered: 02/09/2009)

Feb. 9, 2009
82

RESPONSE to Motion re 74 MOTION for Summary Judgment by Defendant Chapman filed by Billy Joseph French. Replies due by 2/23/2009. (Attachments: # 1 Exhibit Skinner v. Beemer, # 2 Proposed Order) (Belzley, Gregory) (Entered: 02/09/2009)

Feb. 9, 2009
83

Sealed Document re 80 Motion to Seal Document, 79 Motion to Certify Class. NOTICE: The original paper document will be shredded 60 days after the filed date. Filed by Billy Joseph French. (JBMS) (Entered: 02/11/2009)

Feb. 10, 2009
84

RESPONSE to Motion re 75 MOTION for Summary Judgment filed by Billy Joseph French. Replies due by 2/25/2009. (Attachments: # 1 Exhibit 1, Skinner v. Beemer, # 2 Exhibit 2, Vicki Isom Jan. 16, 2008 Depo Excerpts, # 3 Exhibit 3, Vicki Isom Nov. 11, 2008 Depo Excerpts, # 4 Exhibit 4, Physicians Orders, # 5 Exhibit 5, Carol Byrd Depo Excerpts, # 6 Exhibit 6, Dr. Knight Note, # 7 Exhibit 7, Dr. Knight Depo Excerpts, # 8 Exhibit 8, Dr. Rightmyer Ltr, # 9 Exhibit 9, Billy French Depo Excerpts, # 10 Exhibit 10, Inmate Intake Form, # 11 Exhibit 11, Inmate Prescription History, # 12 Exhibit 12, Dr. Gergen Ltr, # 13 Exhibit 13, Record of Seizures, # 14 Exhibit Exh. 14, Progress Notes, # 15 Exhibit 15, Dr. Troost Depo Excerpts, # 16 Exhibit 16, KCPC Records, # 17 Proposed Order) (Belzley, Gregory) (Entered: 02/11/2009)

Feb. 11, 2009
85

MOTION for Extension of Time to File Response/Reply as to 79 MOTION to Certify Class by Defendants Carol Byrd, William Scott Chapman, Daviess County, Kentucky, David Osborne, John and Jane Does, Nos. 1, 2, and 3 Responses due by 2/23/2009 (Attachments: # 1 Proposed Order) (Nunley, Marvin) (Entered: 02/11/2009)

Feb. 11, 2009
86

RESPONSE to Motion re 85 MOTION for Extension of Time to File Response/Reply as to 79 MOTION to Certify Class MOTION for Extension of Time to File Response/Reply as to 79 MOTION to Certify Class, 79 MOTION to Certify Class filed by Billy Joseph French. Replies due by 2/27/2009. (Attachments: # 1 Proposed Order) (Belzley, Gregory) (Entered: 02/13/2009)

Feb. 13, 2009
87

REPLY TO RESPONSE TO MOTION re 75 motion for summary judgment filed by Carol Byrd. (Attachments: # 1 Exhibit Vicki Isom depo − Jan 2008, # 2 Exhibit Vicki Isom Depo − Nov. 2008, # 3 Exhibit Carol Byrd Depo, # 4 Exhibit Dr Neil Troost Depo, # 5 Exhibit Admitting Report, KCPC, # 6 Exhibit Dr Robert Byrd depo, # 7 Exhibit Plaintiff's Discovery Response, # 8 Exhibit Billy French Depo − Nov. 2008, # 9 Exhibit Dr Robert Knight Depo, # 10 Exhibit David Osborne Depo) (Thompson, Jeffrey) Modified text/link on 2/18/2009 (Mayfield, Jason). (Entered: 02/18/2009)

Feb. 18, 2009
88

REPLY to Response to Motion re 85 MOTION for Extension of Time to File Response/Reply as to 79 MOTION to Certify Class MOTION for Extension of Time to File Response/Reply as to 79 MOTION to Certify Class filed by Carol Byrd, William Scott Chapman, Daviess County, Kentucky, David Osborne. (Thompson, Jeffrey) (Entered: 02/18/2009)

Feb. 18, 2009
89

RESPONSE to Motion re 78 MOTION for Summary Judgment filed by Billy Joseph French. Replies due by 3/6/2009. (Attachments: # 1 Exhibit 1, Vicki Isom Jan. 16, 2008 Depo, # 2 Exhibit 2, Vicki Isom Nov. 11, 2008 Depo, # 3 Exhibit 3, Physicians Orders, # 4 Exhibit 4, Carol Byrd's Depo, # 5 Exhibit 5, Victor Stephens Depo, # 6 Exhibit 6, Dr. Chapman Depo, # 7 Exhibit 7, Dr. Knight Note, # 8 Exhibit 8, Dr. Knight Depo, # 9 Exhibit 9, Dr. Rightmyer Ltr, # 10 Exhibit 10, Billy French Depo, # 11 Exhibit 11, Billy French Inmate Medical Form, # 12 Exhibit 12, Billy French Inmate Prescription History, # 13 Exhibit 13, Dr. Gergen Ltr, # 14 Exhibit 14, Billy French Inmate Incident History, # 15 Exhibit 15, Billy French Progress Notes, # 16 Exhibit 16, Dr. Troost Depo, # 17 Exhibit 17, Louis Haire Depo, # 18 Exhibit 18, David Osborne Depo, # 19 Proposed Order) (Belzley, Gregory) (Entered: 02/20/2009)

Feb. 20, 2009
90

MOTION for Hearing by Plaintiff Billy Joseph French Responses due by 3/10/2009 (Attachments: # 1 Proposed Order) (Belzley, Gregory) (Entered: 02/20/2009)

Feb. 20, 2009
91

RESPONSE to Motion re 90 MOTION for Hearing filed by Daviess County, Kentucky, David Osborne. Replies due by 3/6/2009. (Attachments: # 1 Proposed Order) (Nunley, Marvin) (Entered: 02/20/2009)

Feb. 20, 2009
93

REPLY to Response to Motion re 74 MOTION for Summary Judgment filed by William Scott Chapman. (Klausing, Joseph) (Entered: 02/23/2009)

Feb. 23, 2009
94

MOTION for Leave to File Supplemental Response to County Defendants' Motion for Summary Judgment by Plaintiff Billy Joseph French Responses due by 3/16/2009 (Attachments: # 1 Exhibit Supplemental Response, # 2 Exhibit Exhibit 1 to Supplemental Response, # 3 Proposed Order) (Belzley, Gregory) (Entered: 02/25/2009)

Feb. 25, 2009
95

RESPONSE to Motion re 90 MOTION for Hearing Oral Argument filed by Carol Byrd. Replies due by 3/13/2009. (Attachments: # 1 Proposed Order regarding oral argument hearing) (Thompson, Jeffrey) (Entered: 02/27/2009)

Feb. 27, 2009
96

MOTION for Leave to File Surreply to Defendant Chapman's Motion for Summary Judgment by Plaintiff Billy Joseph French Responses due by 3/20/2009 (Attachments: # 1 Exhibit Surreply, # 2 Proposed Order) (Belzley, Gregory) (Entered: 03/02/2009)

March 2, 2009
97

REPLY to Response to Motion re 78 MOTION for Summary Judgment filed by Daviess County, Kentucky, David Osborne, John and Jane Does, Nos. 1, 2, and 3. (Attachments: # 1 Appendix Neil Troost, M.D. deposition testimony, # 2 Appendix Timothy S. Allen, M.D. deposition testimony, # 3 Appendix Billy Joseph French 1/16/08 deposition testimony, # 4 Appendix David Osborne deposition testimony, # 5 Proposed Order) (Nunley, Marvin) (Entered: 03/05/2009)

March 5, 2009
98

MOTION for Leave to File Surreply to Defendants' Motion for Summary Judgment by Plaintiff Billy Joseph French Responses due by 3/30/2009 (Attachments: # 1 Exhibit Plaintiff's Surreply to County Defendants' Motion for Summary Judgment, # 2 Exhibit 1 to Surreply, Dr. Neil Troost Depo Excerpts, # 3 Exhibit 2 to Surreply, Dr. Timothy Allen Depo Excerpts, # 4 Exhibit 3 to Surreply, Dr. John Gergen Ltr, # 5 Proposed Order) (Belzley, Gregory) (Entered: 03/11/2009)

March 11, 2009
99

REPLY to Response to Motion re 78 MOTION for Summary Judgment, 94 MOTION for Leave to File Supplemental Response to County Defendants' Motion for Summary Judgment filed by Daviess County, Kentucky, David Osborne, John and Jane Does, Nos. 1, 2, and 3. (Nunley, Marvin) (Entered: 03/12/2009)

March 12, 2009
100

ORDER granting 80 Motion to Seal Document. Signed by Magistrate Judge E. Robert Goebel on 3/23/09. cc:counsel (KJS) (Entered: 03/24/2009)

March 24, 2009
101

ORDER granting 81 Motion for Leave to Depo Excerpts. Signed by Judge Joseph H. McKinley, Jr on 3/24/09. cc:counsel (KJS) (Entered: 03/24/2009)

March 24, 2009
102

ORDER granting 94 Motion for Leave to file supplemental response. Signed by Judge Joseph H. McKinley, Jr on 3/24/09. cc:counsel (KJS) (Entered: 03/24/2009)

March 24, 2009
103

SUPPLEMENTAL RESPONSE to re 78 MOTION for Summary Judgment filed by Billy Joseph French. (Attachments: # 1 Exhibit 1 − Westlaw) (KJS) (Entered: 03/24/2009)

March 24, 2009

State / Territory: Kentucky

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Aug. 20, 2007

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who, while incarcerated at the Daviess County Jail, have been denied medical attention for their serious medical needs and appropriate and necessary medication.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Daviess County (Owensboro, Daviess), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Affected Gender:

Female

Male

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Medication, administration of