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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 attrorneys, see: https://www.courtlistener.com/docket/4695737/parties/butler-v-mcdonough/


Judge(s)

Anderson, Robert Lanier III (Georgia)

Black, Susan Harrell (Florida)

Corrigan, Timothy J. (Florida)

Erba, Andrew F. (Pennsylvania)

Howard, Marcia Morales (Florida)

Hull, Frank M. (Georgia)

Snyder, Howard T. (Florida)

Attorneys(s) for Plaintiff

Agliata, Michael (Florida)

Berg, Randall Challen Jr. (Florida)

Capobianco, Cassandra J. (Florida)

Judge(s)

Anderson, Robert Lanier III (Georgia)

Black, Susan Harrell (Florida)

Corrigan, Timothy J. (Florida)

Erba, Andrew F. (Pennsylvania)

Howard, Marcia Morales (Florida)

Hull, Frank M. (Georgia)

Snyder, Howard T. (Florida)

Attorneys(s) for Plaintiff

Agliata, Michael (Florida)

Berg, Randall Challen Jr. (Florida)

Capobianco, Cassandra J. (Florida)

Coggins, Kara (Florida)

Fresco, Leon (Florida)

Glickman, Joshua Aaron (Florida)

Hanlon, Stephen F (District of Columbia)

Jones, Christopher Michael (Florida)

Lentz, Kristen Cooley (Florida)

O'Brien, Cullin Avram (Florida)

Schulz, George E. Jr. (Florida)

Shirley, Lisa White (Texas)

Siegel, Peter Michael (Florida)

Attorneys(s) for Defendant

Blazs, Kevin Anthony (Florida)

Bridgers, J. Dixon (Florida)

Cassaro, Diane G. (Florida)

Christopolis, Nicholas James (Florida)

Dean, Dennis Allen (Florida)

Feiser, Craig D. (Florida)

Glass, Michael Lee (Florida)

Kendall, Michael D. (Florida)

Kilinski, Caryl (Florida)

Kitchen, F. Damon (Florida)

Maher, Susan Adams (Florida)

Makar, Scott D (Florida)

Martin, William Peter (Florida)

Myrthil, Marlysha (District of Columbia)

Poole, J. Ray (Florida)

Sanford, Jonathan P. (Florida)

Savor, Kathleen M. (Florida)

Springer, Todd T. (Florida)

Upton, Charles B. II (Florida)

Von Hoene, Kathleen Marie (Florida)

Waczewski, James Paul (Florida)

Wasilenko, Ronald S. (Florida)

Expert/Monitor/Master

Schmidt, Terrance E. (Florida)

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
58

3:04-cv-00917

Order

Butler v. Crosby

Jan. 28, 2005

Jan. 28, 2005

Order/Opinion
59

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
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 Sept. 6, 2022, 3:09 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

PACER
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

PACER
3

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

Oct. 8, 2004

Oct. 8, 2004

PACER
4

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

Oct. 8, 2004

Oct. 8, 2004

PACER
5

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

Oct. 8, 2004

Oct. 8, 2004

PACER
6

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

Oct. 8, 2004

Oct. 8, 2004

PACER
7

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

Oct. 8, 2004

Oct. 8, 2004

PACER
8

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

Oct. 8, 2004

Oct. 8, 2004

PACER
9

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

Oct. 8, 2004

Oct. 8, 2004

PACER
10

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

Oct. 8, 2004

Oct. 8, 2004

PACER
11

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

Oct. 8, 2004

Oct. 8, 2004

PACER
12

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

Oct. 8, 2004

Oct. 8, 2004

PACER
13

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

Oct. 8, 2004

Oct. 8, 2004

PACER
14

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

Oct. 8, 2004

Oct. 8, 2004

PACER
15

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

Oct. 8, 2004

Oct. 8, 2004

PACER
16

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

Oct. 8, 2004

Oct. 8, 2004

PACER
17

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

Oct. 8, 2004

Oct. 8, 2004

PACER
18

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

Oct. 8, 2004

Oct. 8, 2004

PACER
19

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

Oct. 8, 2004

Oct. 8, 2004

PACER
20

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

Oct. 8, 2004

Oct. 8, 2004

PACER
21

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

Oct. 8, 2004

Oct. 8, 2004

PACER
22

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

Oct. 8, 2004

Oct. 8, 2004

PACER
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

PACER
24

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

Dec. 28, 2004

Dec. 28, 2004

PACER
25

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

Dec. 30, 2004

Dec. 30, 2004

PACER
26

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

Jan. 12, 2005

Jan. 12, 2005

PACER
27

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

Jan. 12, 2005

Jan. 12, 2005

PACER
28

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

Jan. 12, 2005

Jan. 12, 2005

PACER
29

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

Jan. 12, 2005

Jan. 12, 2005

PACER
30

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

Jan. 12, 2005

Jan. 12, 2005

PACER
31

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

Jan. 12, 2005

Jan. 12, 2005

PACER
32

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

Jan. 12, 2005

Jan. 12, 2005

PACER
33

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

Jan. 12, 2005

Jan. 12, 2005

PACER
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

PACER
35

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

Jan. 12, 2005

Jan. 12, 2005

PACER
36

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

Jan. 12, 2005

Jan. 12, 2005

PACER
37

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

Jan. 12, 2005

Jan. 12, 2005

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
43

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

Jan. 14, 2005

Jan. 14, 2005

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
54

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

Jan. 21, 2005

Jan. 21, 2005

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
61

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

Feb. 3, 2005

Feb. 3, 2005

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
68

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

Feb. 18, 2005

Feb. 18, 2005

PACER
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

PACER
70

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

March 1, 2005

March 1, 2005

PACER
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

PACER
72

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

March 8, 2005

March 8, 2005

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
79

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

April 22, 2005

April 22, 2005

PACER
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

PACER
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

PACER
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

PACER
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

PACER
84

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

May 4, 2005

May 4, 2005

PACER
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

PACER
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-

View on PACER

3 Exhibit -C-

View on PACER

4 Exhibit -D-

View on PACER

5 Exhibit -E-

View on PACER

May 6, 2005

May 6, 2005

PACER
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

PACER
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

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4 Exhibit A part 3

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5 Exhibit A part 4

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6 Exhibit A part 5

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May 6, 2005

May 6, 2005

PACER
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

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May 10, 2005

May 10, 2005

PACER
89

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

May 10, 2005

May 10, 2005

PACER
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

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May 11, 2005

May 11, 2005

PACER
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

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May 12, 2005

May 12, 2005

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
98

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

May 23, 2005

May 23, 2005

PACER
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

PACER
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

PACER

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

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)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2009 - 0

Issues

General:

Assault/abuse by staff

Conditions of confinement

Disciplinary procedures

Excessive force

Pepper/OC spray

Restraints : chemical

Torture

Affected Gender:

Male

Disability:

Mental impairment

Medical/Mental Health:

Mental health care, unspecified

Type of Facility:

Government-run