Case: Danley v. Allen

3:06-cv-00680 | U.S. District Court for the Northern District of Alabama

Filed Date: April 6, 2006

Closed Date: Sept. 16, 2009

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Case Summary

On April 6, 2006, Plaintiff filed a lawsuit under 42 U.S.C. § 1983 against the Lauderdale County Detention Center in the United States District Court for the Northern District of Alabama. Plaintiff, represented by private counsel, asked for compensatory and punitive damages, claiming he was the victim of excessive force and deliberate indifference in violation of the Fourteenth Amendment. Plaintiff alleged that the jail administrator and sheriff were individually liable for the actions of the c…

Specifically, on July 11, 2004, Corrections Officers pepper sprayed Plaintiff at close range after a verbal argument. The type of pepper spray was meant for crowd control. Plaintiff was then put in a poorly ventilated cell, where he could not wash off and was not provided medical care. Plaintiff could not breathe and Defendants mocked him. Plaintiff was given an insufficiently long shower, and was then placed in a group cell, where the pepper spray made his cellmates' eyes burn. For 12 hours, Plaintiff continued to have trouble breathing and was not provided medical care. Plaintiff was then released and his doctor treated him for chemical conjunctivitis in his eyes and irritant-induced bronchospasms in his lungs.

Plaintiff complained to Defendant supervisors, the jail administrator and the sheriff, who approved of Defendants' actions. Plaintiff alleged a pattern of Defendant jail supervisors not investigating or punishing the use of pepper spray.

On July 17, 2006, and on October 12, 2006, the Court (Judge Inge Prytz Johnson) denied Defendants' motions to dismiss.

Defendants appealed to the 11th Circuit Court of Appeals. On March 8, 2007, Judges Frank M. Hull, Charles R. Wilson, and William H. Pryor vacated the District Court's order denying Defendants' motion to dismiss. The Court remanded for further consideration because the District Court had not explained why it had denied Defendants' motions to dismiss. Danley v. Allen [sic], 480 F.3d 1090, 1092 (11th Cir. 2007).

District Court Judge Johnson again denied Defendants' motion to dismiss on April 24, 2007. The Court found that according to Plaintiff's complaint, Defendants were not justified in pepper-spraying Plaintiff and Defendant jail supervisors had created an atmosphere allowing the practices of the Defendant Corrections Officers. Danley v. Allen 485 F. Supp. 2d 1260 (N.D. AL 2007).

Defendants appealed again on May 15, 2007.

On August 22, 2008, 11th Circuit Judges Edward E. Carnes, Susan H. Black and Jane A. Restani affirmed the District Court's denial of Defendants' motions to dismiss. Danley v. Allyn, 540 F.3d 1298 (11th Cir. 2008). The Court found that the initial spraying was not excessive. However, the Court found that Defendants' confining Plaintiff in a cell without medical treatment constituted excessive force. Furthermore, the Court found Defendants' mocking of Plaintiff circumstantial evidence of malicious intent. The Court also found that Plaintiff stated a claim against the Defendant supervisors because they had prior knowledge of corrections officers treating inmates in the same way.

The parties reached a Confidential Settlement Agreement and Release of All Claims. The agreement stated that pepper spray or OC spray meant for crowd control would no longer be used on individual inmates. The Detention Center would either implement a separate policy for using pepper spray meant for crowds in situations with multiple inmates or would destroy the pepper spray. The Settlement Agreement contained training requirements and requirements to update the policies for chemical and OC sprays, which would state that chemical sprays are not to be used to punish inmates. Each use of chemical or OC spray would be documented and investigated and inmates would be able to decontaminate properly after being sprayed. The agreement was to be accomplished within 90 days and during this time the District Court would maintain jurisdiction over the case. Defendants would provide policy changes to Plaintiff for review and documentation of the implementation of these requirements. Additional settlement terms were confidential.

On March 17, 2009, Judge Johnson dismissed this case without prejudice, retaining jurisdiction in order to enforce the parties' settlement agreement. On September 15, 2009, the parties filed a joint motion to dismiss; the court granted the motion the next day, dismissing the case with prejudice. The case is now closed.

Summary Authors

Shira Gordon (2/9/2012)

Avery Coombe (12/30/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4126555/parties/danley-v-allen/

Judge(s)

Black, Susan Harrell (Florida)

Carnes, Edward Earl (Alabama)

Hull, Frank M. (Georgia)

Attorney for Plaintiff

Attorney for Defendant

Harmon, Bart Gregory (Alabama)

Hill, C. Richard Jr. (Alabama)

Judge(s)

Black, Susan Harrell (Florida)

Carnes, Edward Earl (Alabama)

Hull, Frank M. (Georgia)

Johnson, Inge Prytz (Alabama)

Pryor, William Holcombe Jr. (Alabama)

Restani, Jane A. (New York)

Wilson, Sarah L. (District of Columbia)

Attorney for Plaintiff

Sherrod, Henry F. III (Alabama)

Attorney for Defendant

Harmon, Bart Gregory (Alabama)

Hill, C. Richard Jr. (Alabama)

Jr, C Richard (Alabama)

Masters, Daryl L. (Alabama)

Morgan, Amanda Kay (Alabama)

Tarnow, Arthur J. (Alabama)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:06-cv-00680	Docket [PACER]	March 17, 2009	March 17, 2009 Docket
1 3:06-cv-00680	Complaint	April 10, 2006	April 10, 2006 Complaint
62 06-14466 06-14808 06-15580	Judgment U.S. Court of Appeals for the Eleventh Circuit	March 8, 2007	March 8, 2007 Order/Opinion 480 F.3d 1090
63 3:06-cv-00680	Memorandum Opinion Danley v. Allyn	April 24, 2007	April 24, 2007 Order/Opinion 485 F.Supp.2d 1260
70 07-12328	Judgment U.S. Court of Appeals for the Eleventh Circuit	Sept. 23, 2008	Sept. 23, 2008 Order/Opinion 540 F.3d 1298
	Press Release No Court	March 17, 2009	March 17, 2009 Press Release
3:06-cv-00680	Attachment A to Confidential Settlement Agreement and Release of All Claims	March 17, 2009	March 17, 2009 Settlement Agreement

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4126555/danley-v-allen/

Last updated April 6, 2025, 3:28 p.m.

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Docket for: Danley v. Allen

ECF Number	Date	Description	Link
1	April 6, 2006	COMPLAINT against Ruby Allen, Jackie Rikard, Ronnie Willis (Filing fee $ 250, Receipt #500 55083.), filed by Kevin Danley.(ASL, ) (Entered: 04/10/2006)	Clearinghouse
2	April 6, 2006	Request for service by certified mail filed by Kevin Danley. (ASL, ) (Entered: 04/10/2006)	RECAP
	April 10, 2006	Summons Issued as to Jackie Rikard, Ronnie Willis, Ruby Allyn, mailed certified mail. (ASL, ) (Entered: 08/01/2006)	PACER
3	April 13, 2006	SUMMONS Returned Executed as to dft Jackie Rikard served on 4/11/2006 (ASL, ) (Entered: 04/13/2006)	RECAP
4	April 13, 2006	SUMMONS Returned Executed as to dft Ruby Allen served on 4/11/2006 (ASL, ) (Entered: 04/13/2006)	RECAP
5	April 25, 2006	SUMMONS Returned Executed as to dft Ronnie Willis served on 4/20/2006 (ASL, ) (Entered: 04/25/2006)	RECAP
6	May 9, 2006	MOTION to Dismiss by Ruby Allen, Jackie Rikard, Ronnie Willis. (Morgan, Amanda) (Entered: 05/09/2006)	RECAP
7	May 9, 2006	Brief re 6 MOTION to Dismiss filed by Ruby Allen, Jackie Rikard, Ronnie Willis. (Morgan, Amanda) (Entered: 05/09/2006)	RECAP
8	May 10, 2006	ORDER denying 6 dfts' Motion to Dismiss; dfts are allowed to refile said motion with proper party names. Signed by Judge Inge P Johnson on 5/10/06. (ASL, ) (Entered: 05/10/2006)	RECAP
9	May 10, 2006	Amended MOTION to Dismiss by Ruby Allen, Jackie Rikard, Ronnie Willis. (Morgan, Amanda) (Entered: 05/10/2006)	RECAP
10	May 11, 2006	ORDER re 9 Amended MOTION to Dismiss filed by Ruby Allen, Jackie Rikard, Ronnie Willis; pla is ordered to respond to said motion w/i 14 days . Signed by Judge Inge P Johnson on 5/11/06. (ASL, ) (Entered: 05/11/2006)	RECAP
11	May 19, 2006	MOTION for Leave to File first amended complaint by Kevin Danley. (Attachments: # 1)(Sherrod, Henry) (Entered: 05/19/2006)	RECAP
12	May 22, 2006	RESPONSE to Motion re 9 Amended MOTION to Dismiss filed by Kevin Danley. (Sherrod, Henry) (Entered: 05/22/2006)	RECAP
13	May 23, 2006	ORDER granting 11 Motion for leave to file first amended complaint; pla is directed to file amended complaint . Signed by Judge Inge P Johnson on 5/23/06. (ASL, ) (Entered: 05/23/2006)	RECAP
14	May 23, 2006	AMENDED COMPLAINT against all defendants, filed by Kevin Danley.(Sherrod, Henry) (Entered: 05/23/2006)	RECAP
15	May 23, 2006	ORDER denying 9 dfts' amended Motion to Dismiss . Signed by Judge Inge P Johnson on 5/23/06. (ASL, ) (Entered: 05/23/2006)	RECAP
16	June 7, 2006	MOTION to Dismiss Amended Complaint by Ruby Allen. (Masters, Daryl) (Entered: 06/07/2006)	RECAP
17	June 7, 2006	Brief re 16 MOTION to Dismiss Amended Complaint filed by Ruby Allen. (Masters, Daryl) (Entered: 06/07/2006)	RECAP
18	June 7, 2006	MOTION to Dismiss Amended Complaint by Jackie Rikard, Ronnie Willis. (Masters, Daryl) (Entered: 06/07/2006)	RECAP
19	June 7, 2006	Brief re 18 MOTION to Dismiss Amended Complaint filed by Jackie Rikard, Ronnie Willis. (Masters, Daryl) (Entered: 06/07/2006)	RECAP
20	June 8, 2006	ORDER re 18 MOTION to Dismiss Amended Complaint filed by Jackie Rikard, Ronnie Willis, and 16 MOTION to Dismiss Amended Complaint filed by Ruby Allen, pla is ordered to respond to said motions w/i 21 days . Signed by Judge Inge P Johnson on 6/8/06. (ASL, ) (Entered: 06/08/2006)	RECAP
21	June 16, 2006	REPORT of Rule 26(f) Planning Meeting. (Morgan, Amanda) (Entered: 06/16/2006)	RECAP
22	June 26, 2006	SCHEDULING ORDER Discovery due by 4/15/2007. Dispositive Motions due by 5/1/2007. Pretrial Conference set for 8/13/2007 in Bham AL. Jury Trial set for 8/20/2007 09:00 AM before Judge Inge P Johnson in Florence, AL and other time limits as set out in this order.. Signed by Judge Inge P Johnson on 6/26/06. (Attachments: # 1 Exhibit A - Summary Judgment Scheduling ORDER)(ASL, ) (Entered: 06/26/2006) 1 Exhibit A - Summary Judgment Scheduling ORDER View on PACER	RECAP
23	June 28, 2006	RESPONSE to Motion re 18 MOTION to Dismiss Amended Complaint, 16 MOTION to Dismiss Amended Complaint filed by Kevin Danley. (Sherrod, Henry) (Entered: 06/28/2006)	RECAP
24	June 28, 2006	MOTION for Leave to File second amended complaint by Kevin Danley. (Attachments: # 1)(Sherrod, Henry) (Entered: 06/28/2006)	RECAP
25	June 29, 2006	ORDER denying 16 Motion to Dismiss, denying 18 Motion to Dismiss . Signed by Judge Inge P Johnson on 6/29/06. (ASL, ) (Entered: 06/29/2006)	RECAP
26	June 29, 2006	ORDER granting 24 Motion for Leave to File second amended complaint; pla shall e-file amended complaint separately forthwith . Signed by Judge Inge P Johnson on 6/29/06. (ASL, ) (Entered: 06/29/2006)	RECAP
27	June 29, 2006	AMENDED COMPLAINT against all defendants, filed by Kevin Danley.(Sherrod, Henry) (Entered: 06/29/2006)	RECAP
28	July 14, 2006	MOTION to Dismiss Second Amended Complaint by Jackie Rikard, Ronnie Willis. (Masters, Daryl) (Entered: 07/14/2006)	RECAP
29	July 14, 2006	Brief re 28 MOTION to Dismiss Second Amended Complaint filed by Jackie Rikard, Ronnie Willis. (Masters, Daryl) (Entered: 07/14/2006)	RECAP
30	July 14, 2006	MOTION to Dismiss Second Amended Complaint by Ruby Allyn. (Masters, Daryl) (Entered: 07/14/2006)	RECAP
31	July 14, 2006	Brief re 30 MOTION to Dismiss Second Amended Complaint filed by Ruby Allyn. (Masters, Daryl) (Entered: 07/14/2006)	RECAP
32	July 17, 2006	RESPONSE to defendants' motions to dismiss second amended complaint filed by Kevin Danley. (Sherrod, Henry) (Entered: 07/17/2006)	RECAP
33	July 17, 2006	MOTION to Compel by Kevin Danley. (Sherrod, Henry) (Entered: 07/17/2006)	RECAP
34	July 17, 2006	ORDER denying 28 Motion to Dismiss, denying 30 Motion to Dismiss as set out. Signed by Judge Inge P Johnson on 7/17/2006. (KSS, ) (Entered: 07/17/2006)	RECAP
35	July 17, 2006	ORDER granting 33 Motion to Compel, dfts Rikard and Willis are ordered to provide requested information within 7 days. Signed by Judge Inge P Johnson on 7/17/2006. (KSS, ) (Entered: 07/17/2006)	RECAP
36	July 31, 2006	Defendants' ANSWER to Amended Complaint by Jackie Rikard, Ronnie Willis, Ruby Allyn.(Morgan, Amanda) (Entered: 07/31/2006)	RECAP
37	Aug. 1, 2006	Request for service by certified mail filed by Kevin Danley. (ASL, ) (Entered: 08/01/2006)	RECAP
38	Aug. 1, 2006	Summons Issued as to dfts Jeff Wood and Steve Woods, mailed certified mail. (ASL, ) (Entered: 08/01/2006)	RECAP
39	Aug. 10, 2006	SUMMONS Returned Executed as to dft Steve Woods served on 8/7/2006 ; SUMMONS Returned UNEXECUTED as to dft Jeff Wood (ASL, ) (Entered: 08/14/2006) 1 Return of Service Unexecuted as to Jeff Wood View on PACER	RECAP
40	Aug. 14, 2006	NOTICE OF INTERLOCUTORY APPEAL as to 34 Order on Motion to Dismiss, by Jackie Rikard, Ronnie Willis, Ruby Allyn. (Masters, Daryl) Modified on 8/15/2006 (ASL, ). (Entered: 08/14/2006)	RECAP
41	Aug. 15, 2006	NOTICE TO COUNSEL re 40 Notice of Interlocutory Appeal (ASL, ) (Entered: 08/15/2006)	RECAP
	Aug. 16, 2006	USCA Appeal Fees received $ 455.00 receipt number 200 228781 re 40 Notice of Interlocutory Appeal filed by Jackie Rikard, Ronnie Willis, Ruby Allyn, (ASL, ) (Entered: 08/17/2006)	PACER
	Aug. 17, 2006	Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 40 Notice of Interlocutory Appeal (ASL, ) (Entered: 08/17/2006)	PACER
42	Aug. 17, 2006	DESIGNATION of Record on Appeal by Jackie Rikard, Ronnie Willis, Ruby Allyn re 40 Notice of Interlocutory Appeal (Masters, Daryl) (Entered: 08/17/2006)	RECAP
43	Aug. 17, 2006	MOTION to Dismiss Plainitff's Second Amended Complaint by Steve Woods. (Masters, Daryl) (Entered: 08/17/2006)	RECAP
44	Aug. 21, 2006	ORDER re 43 MOTION to Dismiss Plainitff's Second Amended Complaint filed by Steve Woods; pla is ordered to respond to said motion w/i 14 days. Signed by Judge Inge P Johnson on 8/21/06. (ASL, ) (Entered: 08/21/2006)	RECAP
45	Aug. 23, 2006	RESPONSE to Motion re 43 MOTION to Dismiss Plainitff's Second Amended Complaint filed by Kevin Danley. (Sherrod, Henry) (Entered: 08/23/2006)	RECAP
46	Aug. 23, 2006	ORDER denying 43 Motion to Dismiss pla's second amended complaint. Signed by Judge Inge P Johnson on 8/23/06. (ASL, ) (Entered: 08/23/2006)	RECAP
47	Aug. 23, 2006	USCA Case Number 06-14466A for 40 Notice of Interlocutory Appeal filed by Jackie Rikard, Ronnie Willis, Ruby Allyn. (ASL, ) (Entered: 08/24/2006)	RECAP
48	Aug. 25, 2006	NOTICE OF INTERLOCUTORY APPEAL as to 46 Order on Motion to Dismiss by Steve Woods. (Masters, Daryl) Modified on 8/25/2006 (ASL, ). (Entered: 08/25/2006)	RECAP
49	Aug. 25, 2006	NOTICE TO COUNSEL re 48 Notice of Interlocutory Appeal (ASL, ) (Entered: 08/25/2006)	RECAP
	Aug. 28, 2006	USCA Appeal Fees received $ 455.00 receipt number 200 228970 re 48 Notice of Interlocutory Appeal filed by Steve Woods, (ASL, ) (Entered: 08/31/2006)	PACER
50	Aug. 29, 2006	DESIGNATION of Record on Appeal by Steve Woods re 48 Notice of Interlocutory Appeal (Masters, Daryl) (Entered: 08/29/2006)	RECAP
	Sept. 6, 2006	Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 48 Notice of Interlocutory Appeal (ASL, ) (Entered: 09/06/2006)	PACER
51	Sept. 11, 2006	Alias Summons issued as to Jeff Wood, del to pla for service (ASL, ) (Entered: 09/11/2006)	RECAP
52	Sept. 12, 2006	USCA Case Number 06-14808-A for 48 Notice of Interlocutory Appeal filed by Steve Woods,. (ASL, ) (Entered: 09/12/2006)	RECAP
53	Oct. 10, 2006	MOTION to Dismiss Second Amended Complaint by Jeff Wood. (Morgan, Amanda) (Entered: 10/10/2006)	RECAP
54	Oct. 11, 2006	ORDER re 53 MOTION to Dismiss Second Amended Complaint filed by Jeff Wood; pla is ordered to respond to said motion w/i 10 days. Signed by Judge Inge P Johnson on 10/11/06. (ASL, ) (Entered: 10/11/2006)	RECAP
55	Oct. 11, 2006	RESPONSE to Motion re 53 MOTION to Dismiss Second Amended Complaint filed by Kevin Danley. (Sherrod, Henry) (Entered: 10/11/2006)	RECAP
56	Oct. 12, 2006	ORDER denying 53 Motion to Dismiss . Signed by Judge Inge P Johnson on 10/12/06. (ASL, ) (Entered: 10/12/2006)	RECAP
57	Oct. 13, 2006	NOTICE OF INTERLOCUTORY APPEAL as to 56 Order on Motion to Dismiss by Jeff Wood. (Masters, Daryl) Modified on 10/17/2006 (ASL, ). (Entered: 10/13/2006)	RECAP
58	Oct. 13, 2006	DESIGNATION of Record on Appeal by Jeff Wood re 57 Notice of Interlocutory Appeal (Masters, Daryl) (Entered: 10/13/2006)	RECAP
	Oct. 18, 2006	Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 57 Notice of Interlocutory Appeal (ASL, ) (Entered: 10/18/2006)	PACER
	Oct. 18, 2006	USCA Appeal Fees received $ 455 receipt number 200 230575 re 57 Notice of Interlocutory Appeal filed by Jeff Wood, (ASL, ) (Entered: 10/19/2006)	PACER
	Nov. 2, 2006	USCA Case Number 06−15580−A for 57 Notice of Interlocutory Appeal filed by Jeff Wood. (ASL, ) (Entered: 11/02/2006)	PACER
59	Jan. 10, 2007	MOTION to Withdraw by Jackie Rikard, Ronnie Willis, Ruby Allyn, Jeff Wood, Steve Woods. (Morgan, Amanda) (Entered: 01/10/2007)	RECAP
60	Jan. 11, 2007	ORDER granting 59 Motion to withdraw attorney Amanda Kay Morgan. Signed by Judge Inge P Johnson on 1/11/07. (ASL, ) (Entered: 01/11/2007)	RECAP
61	Feb. 8, 2007	Certified and Transmitted Record on Appeal to US Court of Appeals re 40 Notice of Interlocutory Appeal, 57 Notice of Interlocutory Appeal, 48 Notice of Interlocutory Appeal (ASL, ) Additional attachment(s) added on 2/8/2007 (ASL, ). (Entered: 02/08/2007)	RECAP
62	April 9, 2007	USCA JUDGMENT as to 40 Notice of Interlocutory Appeal filed by Jackie Rikard, Ronnie Willis, Ruby Allyn, 57 Notice of Interlocutory Appeal filed by Jeff Wood, 48 Notice of Interlocutory Appeal filed by Steve Woods, vacating and remanding, issued as mandate 4/6/07 with published opinion attached (ASL, ) (Entered: 04/10/2007)	RECAP
63	April 24, 2007	MEMORANDUM OPINION. Signed by Judge Inge P Johnson on 4/24/07. (ASL, ) (Entered: 04/24/2007)	Clearinghouse
64	April 24, 2007	ORDER in accordance with memorandum opinion, all motions to dismiss filed by five dfts are DENIED. Signed by Judge Inge P Johnson on 4/24/07. (ASL, ) (Entered: 04/24/2007)	RECAP
65	May 15, 2007	NOTICE OF INTERLOCUTORY APPEAL as to 64 Order by Jackie Rikard, Ronnie Willis, Ruby Allyn, Jeff Wood, Steve Woods. (Harmon, Bart) Modified on 5/15/2007 (ASL, ). (Entered: 05/15/2007)	RECAP
	May 16, 2007	USCA Appeal Fees received $ 455 receipt number 200 236532 re 65 Notice of Interlocutory Appeal filed by Steve Woods, Jackie Rikard, Ronnie Willis, Ruby Allyn, Jeff Wood, (ASL, ) (Entered: 05/17/2007)	PACER
	May 17, 2007	Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 65 Notice of Interlocutory Appeal (ASL, ) (Entered: 05/17/2007)	PACER
	May 30, 2007	USCA Case Number 07−12328C for 65 Notice of Interlocutory Appeal filed by Steve Woods, Jackie Rikard, Ronnie Willis, Ruby Allyn, Jeff Wood. (ASL, ) (Entered: 05/30/2007)	PACER
66	July 24, 2007	ORDER that the pretrial conference scheduled for August 13, 2007, and the trial scheduled for August 20, 2007 are CANCELED, due to pending interlocutory appeal. Signed by Judge Inge P Johnson on 7/24/07. (ASL, ) (Entered: 07/24/2007)	RECAP
67	Aug. 21, 2007	Certified and Transmitted Record on Appeal to US Court of Appeals re 65 Notice of Interlocutory Appeal (ASL, ) (Entered: 08/21/2007)	RECAP
68	Aug. 13, 2008	MOTION to Withdraw as Attorney by Jackie Rikard, Ronnie Willis, Ruby Allyn, Jeff Wood, Steve Woods. (Harmon, Bart) (Entered: 08/13/2008)	RECAP
69	Aug. 14, 2008	ORDER granting 68 Motion to Withdraw Bart Harmon as Attorney for dfts.. Signed by Judge Inge P Johnson on 8/14/08. (ASL, ) (Entered: 08/14/2008)	RECAP
70	Sept. 23, 2008	USCA JUDGMENT as to 65 Notice of Interlocutory Appeal filed by Jeff Wood, Steve Woods, Ruby Allyn, Jackie Rikard, Ronnie Willis; affirming decision of the district court, issued as mandate 9/22/08, w/published opinion attached (ASL, ) (Entered: 09/23/2008)	RECAP
71	Sept. 24, 2008	ORDER SETTING TRIAL Pretrial Conference set for 12/8/2008 in Florence, AL; Jury Trial set for 12/15/2008 09:00 AM before Judge Inge P Johnson in Florence, AL. Signed by Judge Inge P Johnson on 9/24/08. (ASL, ) (Entered: 09/24/2008)	RECAP
72	Sept. 25, 2008	Joint MOTION to Continue by Kevin Danley, Jackie Rikard, Ronnie Willis, Ruby Allyn, Jeff Wood, Steve Woods. (Masters, Daryl) (Entered: 09/25/2008)	RECAP
73	Sept. 25, 2008	ORDER SETTING TRIAL granting 72 Joint MOTION for continuance. Pretrial Conference reset for 2/9/2009 in Florence, AL; Jury Trial reset for 2/16/2009 09:00 AM before Judge Inge P Johnson in Florence, AL. Signed by Judge Inge P Johnson on 9/25/08. (ASL, ) (Entered: 09/25/2008)	RECAP
74	Oct. 30, 2008	ORDER of USCA granting appellee's unopposed motion to transfer issue of atty's fees to district court, to be addressed at conclusion of proceedings(ASL, ) (Entered: 10/30/2008)	RECAP
75	Dec. 16, 2008	Joint MOTION to Continue Trial Date by Kevin Danley, Jackie Rikard, Ronnie Willis, Ruby Allyn, Jeff Wood, Steve Woods. (Masters, Daryl) (Entered: 12/16/2008)	RECAP
76	Dec. 17, 2008	ORDER granting 75 Joint MOTION to Continue; Discovery due by 4/24/2009. Dispositive Motions due by 5/18/2009. Pretrial Conference RESET for 7/13/2009. Trial RESET for 7/20/2009 in Florence, AL. Signed by Judge Inge P Johnson on 12/17/08. (ASL, ) (Entered: 12/17/2008)	RECAP
77	Feb. 12, 2009	MOTION to Compel defendants to answer interrogatories by Kevin Danley. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Sherrod, Henry) (Entered: 02/12/2009) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER	RECAP
78	Feb. 17, 2009	ORDER re 77 MOTION to Compel defendants to answer interrogatories filed by Kevin Danley; dfts are allowed up to and through 2/18/09 to respond to said motion. Signed by Judge Inge P Johnson on 2/17/09. (ASL, ) (Entered: 02/17/2009)	RECAP
79	Feb. 18, 2009	NOTICE of Appearance by C Richard Hill, Jr on behalf of Jackie Rikard, Ronnie Willis, Ruby Allyn, Jeff Wood, Steve Woods (Hill, C) (Entered: 02/18/2009)	RECAP
80	Feb. 18, 2009	RESPONSE to Motion re 77 MOTION to Compel defendants to answer interrogatories filed by Jackie Rikard, Ronnie Willis, Ruby Allyn, Jeff Wood, Steve Woods. (Hill, C) (Entered: 02/18/2009)	RECAP
81	Feb. 19, 2009	ORDER granting 77 Motion to Compel; dfts shall answer remaining interrogatories previously propounded by pla w/i 10 days. Signed by Judge Inge P Johnson on 2/19/09. (ASL, ) (Entered: 02/19/2009)	RECAP
82	March 17, 2009	ORDER DISMISSING CASE without prejudice, court retains jurisdiction for purpose of enforcing parties' settlement agreement, parties shall submit formal stipulation of dismissal. Signed by Judge Inge P Johnson on 3/17/09. (ASL ) (Entered: 03/17/2009)	RECAP
83	Sept. 15, 2009	Joint MOTION to Dismiss by Kevin Danley, Jackie Rikard, Ronnie Willis, Ruby Allyn, Jeff Wood, Steve Woods. (Masters, Daryl) (Entered: 09/15/2009)	RECAP
84	Sept. 16, 2009	ORDER OF DISMISSAL parties having filed 83 joint motion to dismiss, this action is DISMISSED WITH PREJUDICE, each party to bear its own costs. Signed by Judge Inge P Johnson on 9/16/09. (ASL ) (Entered: 09/16/2009)	RECAP