Case: Eastman v. Sheridan County

7:07-cv-05004 | U.S. District Court for the District of Nebraska

Filed Date: Feb. 9, 2007

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On February 09, 2007, Plaintiff filed a civil action under 42 U.S.C. § 1983 against the Sheridan County and various individuals in the U.S. District Court for the District of Nebraska, 7 North Platte Division. Plaintiff is the personal representative of the estate of an inmate who committed suicide while detained in the Sheridan County Jail. Plaintiff claimed that Defendants' negligent conduct deprived the deceased of rights, privileges and immunities secured by the U.S. Constitution. Particula…

On February 09, 2007, Plaintiff filed a civil action under 42 U.S.C. § 1983 against the Sheridan County and various individuals in the U.S. District Court for the District of Nebraska, 7 North Platte Division. Plaintiff is the personal representative of the estate of an inmate who committed suicide while detained in the Sheridan County Jail. Plaintiff claimed that Defendants' negligent conduct deprived the deceased of rights, privileges and immunities secured by the U.S. Constitution. Particularly, Plaintiff claimed that the deceased was deprived of his constitutional liberty interest in due process, equal protection and bodily integrity and in freedom from excessive punishment and indifference to his medical needs. Plaintiff asked the court for both compensatory and punitive damages, attorney's fees, and other relief that the court might deem equitable and proper.

After a few rounds of dismissals and amendments, Plaintiff filed a fifth amended complaint on February 10, 2009, which became the surviving complaint of this action. In May 2010, right before the scheduled trial, the parties notified the court of a possible settlement and the scheduled trial was cancelled. On May 06, 2010, Plaintiff filed a motion to enforce settlement with the court. On May 07, 2010, the parties held a hearing before Magistrate Judge Thomas D. Thalken to resolve some disputes over the settlement agreement. A settlement agreement was finally reached. On September 15, 2010, the court granted Plaintiff's motion to dismiss, subject to the preservation of claims contained in the settlement agreement between the parties.

Although a copy of the settlement agreement is not immediately available, in an interview with the local press, the attorney for the plaintiff detailed its terms. Defendant agreed to pay $100,000.00 to the mother of the dead prisoner and to provide training in suicide prevention.

Summary Authors

Xin Chen (1/4/2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5672842/parties/eastman-v-sheridan-county-of/


Judge(s)

Bataillon, Joseph F. (Nebraska)

Thalken, Thomas D. (Nebraska)

Attorneys(s) for Plaintiff

Chaloupka, Maren L. (Nebraska)

Zephier, Robin L. (South Dakota)

Attorneys(s) for Defendant

Cecava, Kristine R. (Nebraska)

Javoronok, Michael J. (Nebraska)

Neilan, Monte L. (Nebraska)

Judge(s)

Bataillon, Joseph F. (Nebraska)

Thalken, Thomas D. (Nebraska)

Attorneys(s) for Plaintiff

Chaloupka, Maren L. (Nebraska)

Zephier, Robin L. (South Dakota)

Attorneys(s) for Defendant

Cecava, Kristine R. (Nebraska)

Javoronok, Michael J. (Nebraska)

Neilan, Monte L. (Nebraska)

Documents in the Clearinghouse

Document

7:07-cv-05004

Docket

Sept. 15, 2010

Sept. 15, 2010

Docket
1-1

7:07-cv-05004

Complaint

Eastman v. County of Sheridan

Feb. 9, 2007

Feb. 9, 2007

Complaint
17

7:07-cv-05004

First Amended Complaint

Eastman v. County of Sheridan

April 24, 2007

April 24, 2007

Complaint
58

7:07-cv-05004

Third Amended Complaint

Eastman v. County of Sheridan

Oct. 22, 2007

Oct. 22, 2007

Complaint
92

7:07-cv-05004

Fifth Amended Complaint

Eastman v. County of Sheridan

Feb. 10, 2009

Feb. 10, 2009

Complaint
140

7:07-cv-05004

Plaintiff's Motion to Enforce Settlement

Eastman v. County of Sheridan

May 6, 2010

May 6, 2010

Pleading / Motion / Brief
143

7:07-cv-05004

Brief in Support of Plaintiff's Motion to Enforce Settlement

Eastman v. County of Sheridan

May 7, 2010

May 7, 2010

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5672842/eastman-v-sheridan-county-of/

Last updated Aug. 25, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand against all defendants (Filing fee $ 350, receipt number 922034), by Attorney Maren L. Chaloupka on behalf of ARLYN J. EASTMAN (Attachments: #(1) Complaint)(Chaloupka, Maren) Modified on 2/12/2007 to indicate the complaint is actually attachment #1 (JSF). (Entered: 02/09/2007)

Feb. 9, 2007

Feb. 9, 2007

38

PART 1 OF 2 - ORDER AND REPORT AND RECOMMENDATION - IT IS ORDERED and/or recommended to Judge Bataillon that the defendants' Rule 12 Motion to Strike, Make More Definite and Certain, or Dismiss 20 be granted, in part, and denied, in part as se t forth in this Order. The parties shall have ten (10) business days after being served with this Order, Report and Recommendation to file any objections. The brief in support of any appeal or objection shall be filed at the time of filing such appeal or objection. Failure to file a brief in support of any appeal or objection may be deemed an abandonment of the appeal or objection. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)

June 21, 2007

June 21, 2007

RECAP
39

ORDER granting 37 Motion to Reschedule the telephone planning conference; the telephone planning conference with the undersigned magistrate judge is rescheduled to November 5, 2007 at 10:00a.m. Central Standard Time. Plaintiff's counsel shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken.(PCV, )

June 21, 2007

June 21, 2007

RECAP
2

TEXT NOTICE OF JUDGES ASSIGNED: Judge Joseph F. Bataillon and Magistrate Judge Thomas D. Thalken assigned. (CS, ) (Entered: 02/12/2007)

Feb. 12, 2007

Feb. 12, 2007

41

ORDER - Upon the oral request of counsel for the parties 40 the telephone planning conference with the undersigned magistrate judge is rescheduled to November 2, 2007 at 10:00 a.m. Central Daylight Time. Plaintiff's counsel shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken.(KBJ)

June 22, 2007

June 22, 2007

RECAP

NOTICE of Docket Text Modification by Deputy Clerk regarding Complaint 1 ; Text modified on 2/12/2007 to indicate the complaint is actually attachment #1 (JSF) (Entered: 02/12/2007)

Feb. 12, 2007

Feb. 12, 2007

4

APPLICATION/ORDER admitting for full−time admission Attorney Robin L. Zephier for Plaintiffs Arlyn J. Eastman, Lino Lowell Spotted Elk, Jr. Ordered by Deputy Clerk. (ADB) (Entered: 02/27/2007)

Feb. 26, 2007

Feb. 26, 2007

42

ORDER that the Report and Recommendation, Filing No. 38 , is adopted in its entirety; The defendants' Rule 12 Motion to Strike, Make More Definite andCertain, or Dismiss (Filing No. 20 ) is granted in part and denied in part asset forth in the magistrate's Report and Recommendation. Ordered by Judge Joseph F. Bataillon.(ADB)

July 16, 2007

July 16, 2007

RECAP
55

ORDER - The Plaintiff's' Second Motion To Amend Complaint 53 is granted. The plaintiff shall have to on or before October 23, 2007, to file the third amended complaint. The Plaintiff's' Second Motion To Amend Complaint 50 is denied as moot and plaintiff's Third Amended Complaint 51 is stricken from the record in this case. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)

Oct. 9, 2007

Oct. 9, 2007

RECAP
5

Summons Requested as to defendant Sheridan, County of regarding Complaint, 1 . (Chaloupka, Maren) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

6

Summons Requested as to defendant Levi McKillet regarding Complaint, 1 . (Chaloupka, Maren) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

61

ORDER - A telephone conference with the undersigned magistrate judge will be held on April 18, 2008, at 10:00 a.m. Central Daylight Time for the purpose of reviewing the preparation of the case to date and the scheduling of the case to trial. Plaintiff's counsel shall initiate the call. Telephone Conference set for 4/18/2008 at 10:00 AM before Magistrate Judge Thomas D. Thalken. Ordered by Magistrate Judge Thomas D. Thalken. (JAE, )

Nov. 8, 2007

Nov. 8, 2007

RECAP
62

ORDER denying as moot 46 Defendants' Motion to Strike/Dismiss. Ordered by Judge Joseph F. Bataillon. (SMS, )

Nov. 28, 2007

Nov. 28, 2007

RECAP
7

Summons Requested as to defendant Sheridan, County of regarding Complaint, 1 . (Chaloupka, Maren) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

8

Summons Requested as to defendant Sheridan, County of regarding Complaint, 1 . (Chaloupka, Maren) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

63

ORDER granting in part and denying in part 59 Motion to Strike. The plaintiff shall have until December 20, 2007, to file a fourth amended complaint in compliance with the court's previous orders. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)

Dec. 6, 2007

Dec. 6, 2007

RECAP
9

Summons Issued (COPY) as to defendant Sheridan, County of, Levi McKillet regarding Complaint, 1 . YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (GJG, ) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

69

ORDER - The defendants' Motion to Dismiss 65 is denied. Ordered by Chief Judge Joseph F. Bataillon.(KBJ)

April 25, 2008

April 25, 2008

RECAP
97

ORDER granting 96 Motion for Hearing; A telephone status conference with the undersigned magistrate judge is scheduled to March 13, 2009, at 10:00 a.m. Plaintiff's counsel shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (ADB, )

March 12, 2009

March 12, 2009

RECAP
10

MOTION to Dismiss by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 03/29/2007)

March 29, 2007

March 29, 2007

11

BRIEF In Support Of MOTION to Dismiss 10 by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 03/29/2007)

March 29, 2007

March 29, 2007

99

ORDER that defendants' motion for summary judgment 82 is denied as moot. Ordered by Chief Judge Joseph F. Bataillon. (CJP)

March 30, 2009

March 30, 2009

RECAP
12

MOTION to Extend time in which to respond to Defendants Motion to Dismiss by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 04/06/2007)

April 6, 2007

April 6, 2007

122

ORDER - Defendants' motion for summary judgment, Filing No. 110 , and defendants' motion to dismiss, Filing No. 113 , are both denied as untimely. It is further ordered that plaintiff's motion to strike, Filing No. 115 , is granted. Ordered by Chief Judge Joseph F. Bataillon. (JAE)

April 8, 2010

April 8, 2010

RECAP
13

TEXT ORDER granting 12 Plaintiff's Motion to Extend Time until 4/20/2007 to respond to 10 Motion to Dismiss. Ordered by Judge Joseph F. Bataillon.(MGH, ) (Entered: 04/11/2007)

April 11, 2007

April 11, 2007

123

STRICKEN - ORDER - On or before April 19, 2010, the defendant shall comply with Fed. R. Civ. P. 7.1 or show cause by written affidavit why it cannot comply with the rules of the court. Show Cause Deadline set for 4/19/2010. Ordered by Magistrate Judge Thomas D. Thalken. (JAE) Modified on 4/8/2010 to indicate stricken per Order 124 (JAE).

April 8, 2010

April 8, 2010

RECAP
134

ORDER that defendants' motion in limine 125 is denied in part at this time, but such motion will be reconsidered during the pretrial meeting with counsel prior to trial as set forth herein. Ordered by Chief Judge Joseph F. Bataillon. (JSF)

April 19, 2010

April 19, 2010

RECAP
14

BRIEF In Opposition to Defendant's Motion to Dismiss by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

139

ORDER - Upon notice of settlement given to the court, on or before June 7, 2010, the parties shall electronically file a joint stipulation for dismissal. The trial previously scheduled is cancelled upon the representation that this case is settled. (Dismissal Papers Deadline due by 6/7/2010.) Ordered by Magistrate Judge Thomas D. Thalken. (JAE)

May 6, 2010

May 6, 2010

RECAP
15

MOTION for Leave to File Amended Complaint by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman. (Attachments: # 1)(Chaloupka, Maren) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

16

TEXT Order granting 15 MOTION to amend. The plaintiff is allowed to make the amendment as a matter of course pursuant to Fed. R. Civ. P. 15(a). The plaintiff shall have until May 7, 2007, to file the amended complaint. Ordered by Magistrate Judge Thomas D. Thalken. (PAV) (Entered: 04/23/2007)

April 23, 2007

April 23, 2007

17

AMENDED COMPLAINT against Defendant all defendants, by Attorney Maren L. Chaloupka on behalf of Arlyn J. Eastman(Chaloupka, Maren) (Entered: 04/24/2007)

April 24, 2007

April 24, 2007

18

TEXT ORDER denying as moot 10 Defendants' Motion to Dismiss per 17 . Ordered by Judge Joseph F. Bataillon.(SMS, ) (Entered: 04/24/2007)

April 24, 2007

April 24, 2007

19

SCHEDULING PACKET − Rule 26 Meeting Report Deadline set for 6/4/2007. Ordered by Magistrate Judge Thomas D. Thalken. (PAV) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

21

BRIEF In Support of Defendants' Motion to Strike, Make More Definite and Certain or Dismiss by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

22

SUMMONS Returned Executed upon Tecumseh State Correctional Institution defendant Levi McKillet on 3/17/2007. (Chaloupka, Maren) (Entered: 05/11/2007)

May 11, 2007

May 11, 2007

23

STRICKEN − SUMMONS Returned Executed upon Sheridan County Commissioners −− Vernon Platt, Dan Kling, and Lewis Abold defendant Sheridan, County of on 3/13/2007. (Chaloupka, Maren) Modified on 5/14/2007; document incomplete and stricken per order 26 (ADB). (Entered: 05/11/2007)

May 11, 2007

May 11, 2007

24

MOTION to Extend Time to Respond to Defendant's Motion to Strike, Make More Definite and Certain, or Dismiss by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 05/11/2007)

May 11, 2007

May 11, 2007

25

TEXT ORDER granting 24 Motion to Extend. The plaintiffs shall have until May 21, 2007, to respond to the defendants' MOTION to Strike Make More Definite and Certain or Dismiss 20 . Ordered by Magistrate Judge Thomas D. Thalken. (TRL) (Entered: 05/11/2007)

May 11, 2007

May 11, 2007

26

TEXT STRIKE ORDER that Pursuant to General Order Number 2006−01, the Summons Returned Executed 23 is stricken for the following reason: document incomplete. The party is directed to re−file the document. Ordered by Deputy Clerk. (ADB) (Entered: 05/14/2007)

May 14, 2007

May 14, 2007

27

SUMMONS Returned Executed upon Lewis Abold, Sheridan County Commissioner, defendant Sheridan, County of on 3/14/2007. (Chaloupka, Maren) (Entered: 05/14/2007)

May 14, 2007

May 14, 2007

28

SUMMONS Returned Executed upon Dan Kling, Sheridan County Commissioner, defendant Sheridan, County of. (Chaloupka, Maren) (Entered: 05/14/2007)

May 14, 2007

May 14, 2007

29

SUMMONS Returned Executed upon Vernon Platt, Sheridan County Commissioner, defendant Sheridan, County of on 3/13/2007. (Chaloupka, Maren) (Entered: 05/14/2007)

May 14, 2007

May 14, 2007

30

MOTION to Extend by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 05/25/2007)

May 25, 2007

May 25, 2007

31

TEXT ORDER granting 30 Motion to Extend. The plaintiffs shall have until May 29, 2007, to respond to the defendants' MOTION to Strike Make More Definite and Certain or Dismiss 20 . Ordered by Magistrate Judge Thomas D. Thalken.(TRL) (Entered: 05/25/2007)

May 25, 2007

May 25, 2007

32

STRICKEN−REPORT of Rule 26(f) Planning Meeting by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) Modified on 5/29/2007 to strike per order 33 (TCL, ). (Entered: 05/25/2007)

May 25, 2007

May 25, 2007

33

TEXT STRIKE ORDER that Pursuant to General Order Number 2006−01, the Report of Rule 26(f) Planning Meeting 32 is stricken for the following reason(s): incorrect PDF document attached. The party is directed to re−file the document. Ordered by Deputy Clerk. (TCL, ) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

34

REPORT of Rule 26(f) Planning Meeting by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

35

BRIEF In Opposition to Defendant's Motion to Strike, to Make More Definite and Certain and to Dismiss 20 by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

36

ORDER SETTING SCHEDULE FOR INITIAL PROGRESSION OF A CIVIL CASE − Counsel for plaintiff shall initiate the planning conference call to the court at 10:00 a.m. (Central Time) on 10/29/07. Counsel shall notify the undersigned magistrate judge by joint or separate letters by August 1, 2007 addressing mediation requirements. Trial is tentatively set for May 5, 2008, and is tentatively scheduled for 4 trialdays. Ordered by Magistrate Judge Thomas D. Thalken. (JAE, ) (Entered: 05/30/2007)

May 30, 2007

May 30, 2007

37

MOTION to Continue by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5. (Attachments: # 1 Affidavit of Michel J. Javoronok)(Javoronok, Michael) (Entered: 06/20/2007)

June 20, 2007

June 20, 2007

40

TEXT ORAL MOTION − Joint motion to reschedule planning conference. (KBJ, ) (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

43

AMENDED COMPLAINT (Second Amended) against Defendant all defendants, by Attorney Maren L. Chaloupka on behalf of Arlyn J. Eastman(Chaloupka, Maren) (Entered: 08/15/2007)

Aug. 15, 2007

Aug. 15, 2007

44

MOTION to Extend for Enlargement of Time by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 08/16/2007)

Aug. 16, 2007

Aug. 16, 2007

45

MOTION to Extend Time by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

46

MOTION to Strike Make More Definite and Certain or Dismiss by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

47

BRIEF in support of Rule 12 Motion to Strike, Make More Definite and Certain or Dismiss by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

48

TEXT ORDER granting 45 Motion For Enlargement of Time. Ordered by Magistrate Judge Thomas D. Thalken.(AMS) Modified on 8/29/2007 (Added the word "TEXT")(AMS). (Entered: 08/29/2007)

Aug. 29, 2007

Aug. 29, 2007

50

MOTION to Amend Complaint by Attorney Robin L. Zephier on behalf of Plaintiff Arlyn J. Eastman.(Zephier, Robin) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

51

STRICKEN − AMENDED COMPLAINT against Defendant Arlyn J. Eastman, by Attorney Robin L. Zephier on behalf of Arlyn J. Eastman(Zephier, Robin) Modified on 10/10/2007 to reflect that this pleading is stricken from the record pursuant to the Order 55 (KBJ). (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

52

TEXT NOTICE OF DEFICIENCY by Deputy Clerk that the Motion to Amend 50 has been filed and is considered deficient due to no certificate of service. The plaintiff shall correct the deficiency within 15 days of the date of this entry or the pleading may be stricken from the record of this case. See Administrative Procedure II.B.(ADB) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

53

MOTION to Amend Complaint by Attorney Robin L. Zephier on behalf of Plaintiff Arlyn J. Eastman.(Zephier, Robin) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

54

AMENDED COMPLAINT against Defendant Arlyn J. Eastman, by Attorney Robin L. Zephier on behalf of Arlyn J. Eastman(Zephier, Robin) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

56

STRICKEN−AMENDED COMPLAINT 3rd against Defendant all defendants, by Attorney Robin L. Zephier on behalf of Arlyn J. Eastman(Zephier, Robin) Modified on 10/19/2007 to strike per Order 57 (MKR, ). (Entered: 10/18/2007)

Oct. 18, 2007

Oct. 18, 2007

57

TEXT STRIKE ORDER that Pursuant to General Order Number 2006−01, the Amended Complaint 56 is stricken for the following reason: Incorrect PDF document attached. The party is directed to re−file the document. Ordered by Deputy Clerk. (MKR) (Entered: 10/19/2007)

Oct. 19, 2007

Oct. 19, 2007

58

AMENDED COMPLAINT Third against Defendant all defendants, by Attorney Robin L. Zephier on behalf of Arlyn J. Eastman, Lino Lowell Spotted Elk, Jr(Zephier, Robin) (Entered: 10/22/2007)

Oct. 22, 2007

Oct. 22, 2007

59

MOTION to Strike or Dismiss Plaintiff's Third Amended Complaint by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 11/08/2007)

Nov. 8, 2007

Nov. 8, 2007

60

BRIEF in support of Rule 12 Motoin to Strike or Dismiss Plaintiff's Third Amended Complaint by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 11/08/2007)

Nov. 8, 2007

Nov. 8, 2007

65

MOTION to Dismiss by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 01/16/2008)

Jan. 16, 2008

Jan. 16, 2008

66

RESPONSE to Defendant's Fourth Motion to Dismiss by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 01/28/2008)

Jan. 28, 2008

Jan. 28, 2008

67

ORDER: Planning Conference set for 4/23/2008 at 10:00 AM by telephone before Magistrate Judge Thomas D. Thalken. Plaintiff's counsel shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (TRL) (Entered: 04/18/2008)

April 18, 2008

April 18, 2008

68

ORDER SETTING SCHEDULE FOR PROGRESSION OF A CIVIL CASE − Depositions due 2/27/2009. Pretrial Conference set for 4/13/2009 at 02:30 PM in North Platte Courtroom before Magistrate Judge Thomas D. Thalken. Jury Trial set for 5/11/2009 at 08:30 AM in North Platte Courtroom before Chief Judge Joseph F. Bataillon. Ordered by Magistrate Judge Thomas D. Thalken. (PAV) (Entered: 04/23/2008)

April 23, 2008

April 23, 2008

70

Certificate of Service by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 05/09/2008)

May 9, 2008

May 9, 2008

71

ANSWER to Amended Complaint 64 by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5 Amended Complaint 64 filed by Arlyn J. Eastman (Javoronok, Michael) (Entered: 05/15/2008)

May 15, 2008

May 15, 2008

72

Certificate of Service by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 06/10/2008)

June 10, 2008

June 10, 2008

73

NOTICE to Take Deposition of Loren Wilson by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman (Chaloupka, Maren) (Entered: 12/31/2008)

Dec. 31, 2008

Dec. 31, 2008

74

NOTICE to Take Deposition of Sandra Arthur by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman (Chaloupka, Maren) (Entered: 12/31/2008)

Dec. 31, 2008

Dec. 31, 2008

75

NOTICE to Take Deposition of Deputy Sheriff Donald Ray Heath by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman (Chaloupka, Maren) (Entered: 12/31/2008)

Dec. 31, 2008

Dec. 31, 2008

76

NOTICE to Take Deposition of Levi McKillip by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman (Chaloupka, Maren) (Entered: 12/31/2008)

Dec. 31, 2008

Dec. 31, 2008

77

NOTICE to Take Deposition of Larry Holladay by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman (Chaloupka, Maren) (Entered: 12/31/2008)

Dec. 31, 2008

Dec. 31, 2008

78

NOTICE to Take Deposition of Arlyn J. Eastman by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5 (Javoronok, Michael) (Entered: 01/05/2009)

Jan. 5, 2009

Jan. 5, 2009

79

Certificate of Service by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 01/19/2009)

Jan. 19, 2009

Jan. 19, 2009

80

MOTION for Leave to File Fifth Amended Complaint by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 01/22/2009)

Jan. 22, 2009

Jan. 22, 2009

81

Certificate of Service by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 01/22/2009)

Jan. 22, 2009

Jan. 22, 2009

82

MOTION for Summary Judgment by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael)

Jan. 23, 2009

Jan. 23, 2009

84

INDEX in support of MOTION for Summary Judgment 82 by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5.(Javoronok, Michael) (Entered: 01/23/2009)

Jan. 23, 2009

Jan. 23, 2009

85

INDEX − CONTINUED Amended by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5. (Attachments: # 1 Exhibit 1−4)(Javoronok, Michael) (Entered: 01/23/2009)

Jan. 23, 2009

Jan. 23, 2009

86

BRIEF in opposition to MOTION for Summary Judgment 82 by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 02/02/2009)

Feb. 2, 2009

Feb. 2, 2009

87

Certificate of Service by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 02/05/2009)

Feb. 5, 2009

Feb. 5, 2009

88

Certificate of Service by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 02/05/2009)

Feb. 5, 2009

Feb. 5, 2009

89

NOTICE to Take Deposition of Sheriff Terry Robbins by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman (Chaloupka, Maren) (Entered: 02/05/2009)

Feb. 5, 2009

Feb. 5, 2009

90

NOTICE to Take Deposition of Charles Canaday by Attorney Michael J. Javoronok on behalf of Defendants Sheridan, County of, Levi McKillet, Does 1−5 (Javoronok, Michael) (Entered: 02/06/2009)

Feb. 6, 2009

Feb. 6, 2009

91

TEXT ORDER granting 80 Motion for Leave. Amended Complaint due by 2/17/2009. Ordered by Magistrate Judge Thomas D. Thalken. (TRL) (Entered: 02/10/2009)

Feb. 10, 2009

Feb. 10, 2009

92

AMENDED COMPLAINT (Fifth Amended) against Defendant all defendants, by Attorney Maren L. Chaloupka on behalf of Arlyn J. Eastman(Chaloupka, Maren) (Entered: 02/10/2009)

Feb. 10, 2009

Feb. 10, 2009

93

Unopposed MOTION to Continue Deposition Settings and Discovery Deadline by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 02/17/2009)

Feb. 17, 2009

Feb. 17, 2009

94

TEXT ORDER granting 93 Motion to Continue. The deadline for the parties to complete discovery is hereby extended to March 27, 2009. Ordered by Magistrate Judge Thomas D. Thalken. (TRL) (Entered: 02/18/2009)

Feb. 18, 2009

Feb. 18, 2009

95

Defendants' ANSWER to Amended Complaint 92 by Attorney Michael J. Javoronok on behalf of Defendants Levi McKillip, Sheridan, County of, Levi McKillet, Does 1−5 Answer to Amended Complaint 71 filed by Does 1−5, Sheridan, County of, Levi McKillet (Javoronok, Michael) (Entered: 03/02/2009)

March 2, 2009

March 2, 2009

96

MOTION for Hearing − Telephonic Status Conference by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 03/11/2009)

March 11, 2009

March 11, 2009

98

AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF A CIVIL CASE − Depositions due June 30, 2009. Final Pretrial Conference set for 4/12/2010 at 01:30 PM with a magistrate judge, in chambers, Federal Building, 3rd Floor, 300 East 3rd Street, North Platte, Nebraska. Jury Trial set for 5/10/2010 in North Platte, Nebraska before Chief Judge Joseph F. Bataillon and a jury. Ordered by Magistrate Judge Thomas D. Thalken. (MKR) Modified on 3/18/2009 to correct pretrial conference information(TJS). Modified on 2/26/2010 to correct trial

March 13, 2009

March 13, 2009

100

MOTION to Substitute Party by Attorney Maren L. Chaloupka on behalf of Plaintiff Arlyn J. Eastman.(Chaloupka, Maren) (Entered: 04/01/2009)

April 1, 2009

April 1, 2009

Case Details

State / Territory: Nebraska

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 9, 2007

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is the personal representative of the estate of an inmate who committed suicide while detained in the Sheridan County Jail.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County of Sheridan, County

Sheridan County Agents and Employees (Sheridan), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 100,000.00

Issues

General:

Suicide prevention

Medical/Mental Health:

Medical care, general

Mental health care, general

Suicide prevention

Type of Facility:

Government-run