Case: Butler v. McDonough

3:04-cv-00917 | U.S. District Court for the Middle District of Florida

Filed Date: Sept. 20, 2004

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On September 20, 2004, current and former prisoners of the Florida State Prison ("FSP") filed a lawsuit in the U.S. District Court for the Middle District of Florida under 42 U.S.C. § 1983 against prison officials and Florida's Department of Corrections ("DOC"). The plaintiffs, represented by Florida Institutional Legal Services and Florida Justice Institute, asked the Court for injunctive and declaratory relief and compensatory and punitive damages for violations of the Eighth and Fourteenth A…

On September 20, 2004, current and former prisoners of the Florida State Prison ("FSP") filed a lawsuit in the U.S. District Court for the Middle District of Florida under 42 U.S.C. § 1983 against prison officials and Florida's Department of Corrections ("DOC"). The plaintiffs, represented by Florida Institutional Legal Services and Florida Justice Institute, asked the Court for injunctive and declaratory relief and compensatory and punitive damages for violations of the Eighth and Fourteenth Amendments. Specifically, plaintiffs alleged that defendants' use of chemical agents constituted cruel and unusual punishment and torture.

Employees of the Florida DOC are permitted to use chemical agents, including pepper spray and tear gas, under certain circumstances. The plaintiffs, who have various mental, physical, and psychological disorders, alleged that defendants abused their authority. Specifically, plaintiffs claimed that defendants sprayed them with excessive quantities of chemical agents, on multiple occasions, often without first issuing any orders or warnings. As a result, plaintiffs were subjected to severe physical pain and mental distress.

On March 9, 2009, Judge Timothy Corrigan issued a judgment and an injunction. The Court concluded that the policies of the Florida DOC as applied to two of the plaintiffs resulted in violations of the Eighth Amendment. 2009 WL 605306. The Court enjoined FSP officials from allowing the non-spontaneous application of chemical agents to these two plaintiffs without first consulting with mental health staff. The Court also mandated that any non-spontaneous spraying of the two plaintiffs be videotaped. The Court entered judgment for the defendants with respect to the remaining plaintiffs, finding that the use of chemical agents against them was not cruel and unusual. Previously, the parties had stipulated to entry of an order of partial dismissal applicable to the plaintiffs' claims for money damages.

Summary Authors

Nate West (9/28/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4695737/parties/butler-v-mcdonough/


Judge(s)

Anderson, Robert Lanier III (Georgia)

Black, Susan Harrell (Florida)

Attorney for Plaintiff

Agliata, Michael (Florida)

Berg, Randall Challen Jr. (Florida)

Attorney for Defendant

Blazs, Kevin Anthony (Florida)

Expert/Monitor/Master/Other
Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

3:04-cv-00917

Docket [PACER]

June 4, 2013

June 4, 2013

Docket
1

3:04-cv-00917

Initial Complaint and Jury Demand

Butler v. Crosby

Sept. 20, 2004

Sept. 20, 2004

Complaint
59

3:04-cv-00917

Order

Butler v. Crosby

Jan. 28, 2005

Jan. 28, 2005

Order/Opinion
58

3:04-cv-00917

Order

Butler v. Crosby

Jan. 28, 2005

Jan. 28, 2005

Order/Opinion
76

3:04-cv-00917

Order (Denying Defendants' Motion to Stay/Abate)

Butler v. Crosby

April 14, 2005

April 14, 2005

Order/Opinion
91-2

3:04-cv-00917

Amended Complaint and Jury Demand

Butler v. Crosby

May 11, 2005

May 11, 2005

Complaint
103

3:04-cv-00917

Defendant James Wilson's Motion to Stay Discovery and Supporting Memorandum of Law

Butler v. Crosby

June 1, 2005

June 1, 2005

Pleading / Motion / Brief
109

3:04-cv-00917

Order

Butler v. Crosby

June 21, 2005

June 21, 2005

Order/Opinion
112

3:04-cv-00917

Order (Magistrate's)

Butler v. Crosby

June 24, 2005

June 24, 2005

Order/Opinion

2005 WL 3970740

115

3:04-cv-00917

Amended Order Referring Case to Mediation and Appointing Mediator

Butler v. Crosby

Aug. 11, 2005

Aug. 11, 2005

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4695737/butler-v-mcdonough/

Last updated Nov. 27, 2025, 3:59 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants ; JURY DEMAND ( Filing fee $ 150 receipt number J16797), filed by Sylvester Butler, Kelvin Frazier, Curt Massie, Jeremiah Thomas, Eugene Ulrath, Reginald Williams. (Attachments: # 1 PART 2 of complaint)(LPH, ) (Entered: 09/21/2004)

2 PART 2 of complaint

View on PACER

Sept. 20, 2004

Sept. 20, 2004

2

NOTICE of designation under Local Rule 3.05 - track 2.Signed by Deputy Clerk on 9/21/2004. (DH, ) (Entered: 09/21/2004)

Sept. 21, 2004

Sept. 21, 2004

3

Summons issued as to Jeffrey Lindsey. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

4

Summons issued as to Wendell Whitehurst. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

5

Summons issued as to Tony Anderson. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

6

Summons issued as to Steven Tricocci. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

7

Summons issued as to Stacey Green. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

8

Summons issued as to Ronnie Barton. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

9

Summons issued as to Rodney Barnett. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

10

Summons issued as to Oscar Shipley. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

11

Summons issued as to Mark Redd. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

12

Summons issued as to Kenneth Lampp. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

13

Summons issued as to Keith Musselman. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

14

Summons issued as to John Rizer. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

15

Summons issued as to John Riggs. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

16

Summons issued as to William Muse. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

17

Summons issued as to Allen Clark. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

18

Summons issued as to Billy Jarvis. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

19

Summons issued as to Bradley Carter. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

20

Summons issued as to Colin Halle. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

21

Summons issued as to George Sapp. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

22

Summons issued as to James V. Crosby Jr.. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Oct. 8, 2004

Oct. 8, 2004

23

Summons issued as to Stephen Sirmones, James Wilson, Glynn Reeder. Consent(s) issued. (LPH, ) (Entered: 12/23/2004)

Dec. 22, 2004

Dec. 22, 2004

24

Summons issued as to Tim Chastain. Consent(s) issued. (LPH, ) (Entered: 12/28/2004)

Dec. 28, 2004

Dec. 28, 2004

25

Summons issued as to Dean Ellis. Consent(s) issued. (LPH, ) (Entered: 12/30/2004)

Dec. 30, 2004

Dec. 30, 2004

26

RETURN of service executed on 1/11/2005 as to Colin Halle. (JMAP) (Entered: 01/12/2005)

Jan. 12, 2005

Jan. 12, 2005

27

RETURN of service executed on 1/11/2005 as to Jeffrey Lindsey. (JMAP) (Entered: 01/12/2005)

Jan. 12, 2005

Jan. 12, 2005

28

RETURN of service executed on 1/11/2005 as to Stacey Green. (JMAP) (Entered: 01/12/2005)

Jan. 12, 2005

Jan. 12, 2005

29

RETURN of service executed on 1/11/2005 as to Rodney Barnett. (JMAP) (Entered: 01/12/2005)

Jan. 12, 2005

Jan. 12, 2005

30

RETURN of service executed on 1/11/2005 as to Steven Tricocci. (JMAP) (Entered: 01/12/2005)

Jan. 12, 2005

Jan. 12, 2005

31

RETURN of service executed on 1/11/2005 as to Mark Redd. (JMAP) (Entered: 01/12/2005)

Jan. 12, 2005

Jan. 12, 2005

32

RETURN of service executed on 1/11/2005 as to Allen Clark. (JMAP) (Entered: 01/12/2005)

Jan. 12, 2005

Jan. 12, 2005

33

RETURN of service executed on 1/11/2005 as to Tim Chastain. (JMAP) (Entered: 01/12/2005)

Jan. 12, 2005

Jan. 12, 2005

34

RETURN of service executed on 1/11/2005 as to James V. Crosby, Jr. (JMAP) (Entered: 01/12/2005)

Jan. 12, 2005

Jan. 12, 2005

35

RETURN of service executed on 1/11/2005 as to Glynn Reeder. (JMAP) (Entered: 01/12/2005)

Jan. 12, 2005

Jan. 12, 2005

36

RETURN of service executed on 1/11/2005 as to Wendell Whitehurst. (JMAP) (Entered: 01/12/2005)

Jan. 12, 2005

Jan. 12, 2005

37

RETURN of service executed on 1/11/2005 as to George Sapp. (JMAP) (Entered: 01/12/2005)

Jan. 12, 2005

Jan. 12, 2005

38

NOTICE by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams of Filing Executed Waivers of Service of Summons as to Defendants Jarvis, Lazenby, Reynolds, and Rizer (Capobianco, Cassandra) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

39

WAIVER OF SERVICE returned executed by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Billy Jarvis on December 8, 2004. (Capobianco, Cassandra) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

40

WAIVER OF SERVICE returned executed by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Joe Lazenby, Jr on November 30, 2004. (Capobianco, Cassandra) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

41

WAIVER OF SERVICE returned executed by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to David Reynolds on November 29, 2004. (Capobianco, Cassandra) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

42

WAIVER OF SERVICE returned executed by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to John Rizer on November 23, 2004. (Capobianco, Cassandra) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

43

RETURN of service executed on 1/13/05 as to Kenneth Lampp. (MGG) (Entered: 01/18/2005)

Jan. 14, 2005

Jan. 14, 2005

44

RETURN of service unexecuted by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to James Wilson. (LPH, ) (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

45

RETURN of service executed on 1/17/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Keith Musselman. (LPH, ) (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

46

RETURN of service executed on 1/17/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Dean Ellis. (LPH, ) (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

47

RETURN of service executed on 1/14/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Ronnie Barton. (LPH, ) (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

48

RETURN of service executed on 1/14/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to John Riggs. (LPH, ) (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

49

RETURN of service executed on 1/17/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to William Muse. (LPH, ) (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

50

RETURN of service executed on 1/14/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Oscar Shipley. (LPH, ) (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

51

RETURN of service executed on 1/17/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Bradley Carter. (LPH, ) (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

52

RETURN of service executed on 1/14/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Stephen Sirmones. (LPH, ) (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

53

RETURN of service executed on 1/14/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Tony Anderson. (LPH, ) (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

54

First MOTION to stay Proceedings by James V. Crosby, Jr. (Dean, Denis) (Entered: 01/21/2005)

Jan. 21, 2005

Jan. 21, 2005

55

NOTICE of Appearance by Michael Agliata, George E. Schulz, Jr on behalf of all plaintiffs (LPH, ) (Entered: 01/25/2005)

Jan. 25, 2005

Jan. 25, 2005

56

First MOTION for Extension of Time to File Response/Reply to Defendants' First Motion to Stay/Abate by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams. (Capobianco, Cassandra) (Entered: 01/27/2005)

Jan. 27, 2005

Jan. 27, 2005

57

First MOTION to extend time to Personally Serve Selected Defendants and Allow Amendment of Summons for Defendants Anderson, Ellis, Lampp, Musselman, Redd, Tricocci, and Whitehurst by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams. (Capobianco, Cassandra) (Entered: 01/27/2005)

Jan. 27, 2005

Jan. 27, 2005

58

ORDER granting 56 Plaintiffs' Stipulated Motion to Enlarge Time to Respond to Defendants' Motion to Stay/Abate. Signed by Judge Marcia Morales Howard on 1/28/2005. (JLW) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

59

ORDER granting 57 Plaintiffs' Stipulated Motion to Enlarge Time to Personally Serve Defendants. Deadline to serve is February 28, 2005. Signed by Judge Marcia Morales Howard on 1/28/2005. (JLW) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

60

ALIAS Summons issued as to Mark Redd, Keith Musselman, Tony Anderson, Steven Tricocci, Kenneth Lampp, Wendell Whitehurst, Dean Ellis. Consent(s) issued.(per order # 59)(LPH, ) (Entered: 02/04/2005)

Feb. 3, 2005

Feb. 3, 2005

61

ALIAS Summons issued as to James Wilson. Consent(s) issued. (LPH, ) (Entered: 02/04/2005)

Feb. 3, 2005

Feb. 3, 2005

62

RETURN of service (ALIAS summons) executed on 2/11/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Keith Musselman. (LPH, ) (Entered: 02/15/2005)

Feb. 14, 2005

Feb. 14, 2005

63

RETURN of service (ALIAS summons) executed on 2/12/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Dean Ellis. (LPH, ) (Entered: 02/15/2005)

Feb. 14, 2005

Feb. 14, 2005

64

RETURN of service (ALIAS summons) executed on 2/11/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Kenneth Lampp. (LPH, ) (Entered: 02/15/2005)

Feb. 14, 2005

Feb. 14, 2005

65

RETURN of service executed (ALIAS summons) on 2/17/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Mark Redd. (MGG) (Entered: 02/22/2005)

Feb. 18, 2005

Feb. 18, 2005

66

RETURN of service executed (ALIAS summons) on 2/14/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Wendell Whitehurst. (MGG) (Entered: 02/22/2005)

Feb. 18, 2005

Feb. 18, 2005

67

RETURN of service (ALIAS summons) executed on 2/14/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Steven Tricocci. (MGG) (Entered: 02/22/2005)

Feb. 18, 2005

Feb. 18, 2005

68

AFFIDAVIT of Sonja Jeffers, Special Process Server. (MGG) (Entered: 02/22/2005)

Feb. 18, 2005

Feb. 18, 2005

69

RETURN of service (alias summons) executed on 2/21/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Tony Anderson. (LPH, ) (Entered: 02/25/2005)

Feb. 24, 2005

Feb. 24, 2005

70

Amended MOTION to stay all proceedings by James V. Crosby, Jr. (Dean, Denis) (Entered: 03/01/2005)

March 1, 2005

March 1, 2005

71

RESPONSE to motion re 70 Amended MOTION to stay all proceedings Abate/and Request for Oral Argument filed by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams. (Schulz, George) (Entered: 03/08/2005)

March 8, 2005

March 8, 2005

72

CASE MANAGEMENT REPORT. (Schulz, George) (Entered: 03/08/2005)

March 8, 2005

March 8, 2005

73

RETURN of service executed on 3/15/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to James Wilson. (LPH, ) (Entered: 03/17/2005)

March 17, 2005

March 17, 2005

74

NOTICE of Hearing on Motion 70 Amended Motion to Stay all proceedings and case scheduling: Hearing set for 4/7/2005 03:30 PM in Courtroom 10 B before Judge Timothy J. Corrigan. Plaintiff shall coordinate the conference call. See Notice for further details(DH, ) (Entered: 03/22/2005)

March 22, 2005

March 22, 2005

75

MINUTE ENTRY for proceedings held before Judge Timothy J. Corrigan : Telephonic Motion Hearing held on 4/7/2005 re 70 Amended MOTION to stay all proceedings filed by James V. Crosby, Jr. Order to enter. Court Reporter: Shannon Bishop (DH ) Modified on 4/8/2005 (LPH, ). (Entered: 04/08/2005)

April 7, 2005

April 7, 2005

76

ORDER denying without prejudice 70 Motion to stay . Signed by Judge Timothy J. Corrigan on 4/14/2005. (DH, ) (Entered: 04/15/2005)

April 15, 2005

April 15, 2005

77

CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 8/31/2005. Joinder of Parties due by 8/31/2005. Discovery due by 4/28/2006. Dispositive motions due by 5/31/2006. Pretrial statement due by 9/12/2006. Final Pretrial Conference set for 9/18/2006 02:00 PM in Courtroom 10 B before Judge Timothy J. Corrigan. Jury Trial set for 10/2/2006 - 10/20/2006 trial term 09:00 AM in Courtroom 10 B before Judge Timothy J. Corrigan.Signed by Judge Timothy J. Corrigan on 4/14/2005. (DH, ) Modified on 4/18/2005 (DH, ). (Entered: 04/15/2005)

April 15, 2005

April 15, 2005

78

ORDER directing plaintiffs to advise the Court by May 13, 2005 of the mediator the parties have selected.Signed by Judge Timothy J. Corrigan on 4/14/2005. (DH ) (Entered: 04/15/2005)

April 15, 2005

April 15, 2005

79

ANSWER to complaint by James V. Crosby, Jr.(Dean, Denis) (Entered: 04/22/2005)

April 22, 2005

April 22, 2005

80

INTERESTED PERSONS ORDER. Certificate of Interested Persons and Corporate Disclosure Statements due within fourteen (14) days from the date of the order. Signed by Judge Marcia Morales Howard on 4/25/2005. (JLW) (Entered: 04/25/2005)

April 25, 2005

April 25, 2005

81

STANDING ORDER - Filing of Documents that Exceed Twenty-Five Pages. Signed by all Jacksonville Judges on 04/27/05(jkl) (Entered: 05/02/2005)

April 27, 2005

April 27, 2005

82

Unopposed MOTION for extension of time to file answer or otherwise plead by James Wilson. (Poole, J.) (Entered: 05/02/2005)

May 2, 2005

May 2, 2005

83

ORDER granting 82 Defendant James Wilson's Unopposed Motion for Enlargement of Time to Respond to Plaintiffs' Complaint. Defendant James Wilson's answer due May 25, 2005. Signed by Judge Marcia Morales Howard on 5/3/2005. (JLW) (Entered: 05/03/2005)

May 3, 2005

May 3, 2005

84

CERTIFICATE of interested persons and corporate disclosure statement by Reginald Williams. (Schulz, George) (Entered: 05/04/2005)

May 4, 2005

May 4, 2005

85

CERTIFICATE of interested persons and corporate disclosure statement re 80 Interested persons order by James V. Crosby, Jr. (Dean, Denis) (Entered: 05/06/2005)

May 6, 2005

May 6, 2005

86

MOTION for attorney fees relating to the preparation of this Motion and, MOTION for taxation of costs relating to Defendant's Failure to Waive Formal Service of Process, and Supporting Memorandum of Law by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams. (Attachments: # 1 Exhibit -B-# 2 Exhibit -C-# 3 Exhibit -D-# 4 Exhibit -E-)(Schulz, George) (Entered: 05/06/2005)

2 Exhibit -B-

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3 Exhibit -C-

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4 Exhibit -D-

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5 Exhibit -E-

View on PACER

May 6, 2005

May 6, 2005

87

NOTICE by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams Of Filing Composite Exhibit "A" to Motion for Attorney Fees Relating to the Preparation of the Motion and, Motion for Taxation of Costs Relating to Defendant's Failure to Waive Formal Service of Process, and Supporting Memorandum of Law (Schulz, George) (Entered: 05/06/2005)

May 6, 2005

May 6, 2005

90

APPENDIX re 87 Notice by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams. (Attachments: # 1 Exhibit A part 1# 2 Exhibit A part 2# 3 Exhibit A part 3# 4 Exhibit A part 4# 5 Exhibit A part 5)(MGG) (Entered: 05/10/2005)

2 Exhibit A part 1

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3 Exhibit A part 2

View on PACER

4 Exhibit A part 3

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5 Exhibit A part 4

View on PACER

6 Exhibit A part 5

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May 6, 2005

May 6, 2005

88

MOTION for referral to mediation Stipulated Request by the Parties to Select The Honorable Gerald T. Wetherington as Mediator Herein by Sylvester Butler. (Attachments: # 1 Exhibit CV Wetherington)(Schulz, George) (Entered: 05/10/2005)

2 Exhibit CV Wetherington

View on PACER

May 10, 2005

May 10, 2005

89

CERTIFICATE of interested persons and corporate disclosure statement by James Wilson. (Poole, J.) (Entered: 05/10/2005)

May 10, 2005

May 10, 2005

91

AMENDED COMPLAINT Stipulated Motion, with Rule 3.01(g) Certification, to Amend Complaint and Memorandum of Law in Support Thereof against all defendants, filed by Sylvester Butler. (Attachments: # 1 Exhibit Amended Complaint)(Schulz, George) Modified on 5/12/2005 (PAM). (Amended Complaint Incorrectly Filed See Doc. 92 ) (Entered: 05/11/2005)

2 Exhibit Amended Complaint

View on PACER

May 11, 2005

May 11, 2005

92

Stipulated Motion, With Rule 3.01(G) Certification, to Amend 1 Complaint and Memorandum of Law in Support Thereof by Sylvester Butler. (Attachments: # 1 Exhibit Amended Complaint)(Schulz, George) Modified on 5/12/2005 (PAM ). (Entered: 05/12/2005)

2 Exhibit Amended Complaint

View on PACER

May 12, 2005

May 12, 2005

93

RESPONSE in opposition re 86 MOTION for attorney fees relating to the preparation of this Motion and MOTION for taxation of costs relating to Defendant's Failure to Waive Formal Service of Process, and Supporting Memorandum of Law MOTION for taxation of costs relating to Defendant's Failure to Waive Formal Service of Process, and Supporting Memorandum of Law filed by James V. Crosby, Jr. (Attachments: # 1)(Dean, Denis) (Entered: 05/16/2005)

May 16, 2005

May 16, 2005

94

ORDER granting 92 Plaintiffs' Stipulated Motion, with Rule 3.01(g) Certification, to Amend Complaint. The Clerk of the Court is directed to file Plaintiffs' Amended Complaint and Jury Demand which is attached as Exhibit A to the Motion. Signed by Judge Marcia Morales Howard on 5/17/2005. (JLW) (Entered: 05/17/2005)

May 17, 2005

May 17, 2005

95

ORDER referring case to mediation and appointing Hon. Gerald T. Wetherington as mediator in this action.Signed by Judge Timothy J. Corrigan on 5/17/2005. (Attachments: # 1 # 2)(DH, ) (Entered: 05/17/2005)

May 17, 2005

May 17, 2005

96

AMENDED COMPLAINT against James V. Crosby, Jr, Bradley Carter, George Sapp, Stephen Sirmones, Joe Lazenby, Jr, Allen Clark, Mark Redd, Keith Musselman, Tony Anderson, James Wilson, William Muse, Colin Halle, Steven Tricocci, Tim Chastain, Rodney Barnett, Ronnie Barton, Kenneth Lampp, Wendell Whitehurst, Stacey Green, David Reynolds, John Riggs, Glynn Reeder, John Rizer, Oscar Shipley, Dean Ellis, Jeffrey Lindsey, Billy Jarvis, filed by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams.(JMAP, ) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

97

MOTION for leave to file Reply in Support of Verified Motion for Award of Costs Relating to Defendants' Failure to Waive Formal Service of Process and Attorneys' Fees Relating to the Preparation of This Motion and Supporting Memorandum of Law Rule 3.01(G) Certification Stipulated Motion by Sylvester Butler. (Attachments: # 1)(Schulz, George) (Entered: 05/20/2005)

May 20, 2005

May 20, 2005

98

ANSWER to amended complaint by James V. Crosby, Jr.(Dean, Denis) (Entered: 05/23/2005)

May 23, 2005

May 23, 2005

99

ORDER granting 97 Plaintiffs' Stipulated Motion for Leave to File Reply. The Clerk of the Court is directed to file Plaintiffs' Reply in Support of Verified Motion for Award of Costs Relating to Defendants' Failure to Waive Formal Service of Process and Attorneys' Fees Relating to the Preparation of this Motion which is attached as Exhibit A to the Motion. Signed by Judge Marcia Morales Howard on 5/24/2005. (JLW) (Entered: 05/24/2005)

May 24, 2005

May 24, 2005

100

REPLY to response to motion re 86 MOTION for attorney fees relating to the preparation of this Motion and MOTION for taxation of costs relating to Defendant's Failure to Waive Formal Service of Process, and Supporting Memorandum of Law filed by Sylvester Butler. (KS) Modified on 5/26/2005 to edit docket text(KS). (Entered: 05/25/2005)

May 25, 2005

May 25, 2005

Case Details

State / Territory:

Florida

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 20, 2004

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were current and former inmates of the Florida State Prison who were repeatedly sprayed with chemical agents as a disciplinary technique.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida Department of Corrections, State

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

Due Process

Other Dockets:

Middle District of Florida 3:04-cv-00917

U.S. Court of Appeals for the Eleventh Circuit 06-13662

U.S. Court of Appeals for the Eleventh Circuit 09-11658

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Conditions of confinement

Disciplinary procedures

Torture

Disability and Disability Rights:

Mental impairment

Affected Sex/Gender(s):

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Pepper/OC spray

Restraints (chemical)

Medical/Mental Health Care:

Mental health care, unspecified

Policing:

Excessive force