Case: Nelson v. Correctional Medical Services

1:04-cv-00037 | U.S. District Court for the Eastern District of Arkansas

Filed Date: April 15, 2004

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On April 15, 2004, a female inmate at the Arkansas Department of Corrections, McPherson Unit, filed a Complaint against Correctional Medical Services ("CMS") under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Arkansas, Batesville Division. On June 01, 2004, in her First Amended Complaint, Plaintiff added the director and officer of the Arkansas Department of Correction ("ADC") as Defendants. Plaintiff was in the custody of ADC during her later stage of pregnancy. Plai…

On April 15, 2004, a female inmate at the Arkansas Department of Corrections, McPherson Unit, filed a Complaint against Correctional Medical Services ("CMS") under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Arkansas, Batesville Division. On June 01, 2004, in her First Amended Complaint, Plaintiff added the director and officer of the Arkansas Department of Correction ("ADC") as Defendants.

Plaintiff was in the custody of ADC during her later stage of pregnancy. Plaintiff claimed to have suffered pains and injuries based on her treatment during the delivery of her child, which included having her leg shackled to the bed by an ADC officer during labor. Alleging that Defendants violated her Eighth Amendment right against cruel and unusual punishment, Plaintiff sought declaratory judgment, both compensatory and punitive damages, as well as attorneys' fees and costs.

In November 2006, the director and officer of ADC, as Defendants, both filed motions for summary judgment, claiming qualified immunity and arguing no federal constitutional violation supports Plaintiff's § 1983 claim. The court (Judge James M. Moody) denied Defendants' motions. Defendants appealed to the Eighth Circuit. On July 18, 2008, the Court of Appeals reversed the District Court's decision. Plaintiff filed a Petition for Rehearing and Rehearing En Banc. The Court of Appeals granted Plaintiff's Petition. On October 02, 2009, in an en banc opinion, the Court of Appeals held that Plaintiff did not meet her burden to allege and show that the officer of ADC violated a clearly established constitutional right and so the officer was entitled to qualified immunity. The District Court's decision was reversed in all respects.

The case went to trial before a jury on July 14, 2010. On July 15, 2010, at the conclusion of trial, the jury returned a verdict in favor of Plaintiff on her Eighth Amendment claim and awarded nominal damages in the amount of $1.00. Plaintiff filed a motion asking the Court to award attorneys' fees and costs in the amount of $ 144,510.70 as the prevailing party. The Court issued an Order on September 13, 2010, awarding only minimum costs to three of Plaintiff's attorneys.

Summary Authors

Xin Chen (4/25/2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5234796/parties/nelson-v-correctional-med-svc/


Judge(s)

Moody, James Maxwell (Arkansas)

Riley, William Jay (Nebraska)

Attorneys(s) for Plaintiff

Compton, Cathleen V. (Arkansas)

Harrison, Eileen Woods (Arkansas)

James, Paul Joseph (Arkansas)

Attorneys(s) for Defendant

Boozer, Christine A. (Arkansas)

Cryer, Christine A. (Arkansas)

Humphries, Alan R. (Arkansas)

Ready, Chilesa Jones (Arkansas)

Richardson, Scott P. (Arkansas)

Judge(s)

Moody, James Maxwell (Arkansas)

Riley, William Jay (Nebraska)

Attorneys(s) for Plaintiff

Compton, Cathleen V. (Arkansas)

Harrison, Eileen Woods (Arkansas)

James, Paul Joseph (Arkansas)

Attorneys(s) for Defendant

Boozer, Christine A. (Arkansas)

Cryer, Christine A. (Arkansas)

Humphries, Alan R. (Arkansas)

Ready, Chilesa Jones (Arkansas)

Richardson, Scott P. (Arkansas)

Documents in the Clearinghouse

Document

1:04-cv-00037

Docket

Sept. 13, 2010

Sept. 13, 2010

Docket
10

1:04-cv-00037

First Amended Complaint

June 1, 2004

June 1, 2004

Complaint
44

1:04-cv-00037

Defendant CMS's Brief in Support of Motion for Summary Judgment

Nov. 21, 2006

Nov. 21, 2006

Pleading / Motion / Brief
50

1:04-cv-00037

Defendant ADC's Brief in Support of Motion for Summary Judgment

Nov. 22, 2006

Nov. 22, 2006

Pleading / Motion / Brief
64

1:04-cv-00037

Consolidated Brief in Support of Responses to Defendants' Motions for Summary Judgment

Jan. 14, 2007

Jan. 14, 2007

Pleading / Motion / Brief
74

1:04-cv-00037

Order

2007 WL 1703562

June 11, 2007

June 11, 2007

Order/Opinion
80

07-02481

Opinion

U. S. Court of Appeals for the Eighth Circuit

533 F.3d 958

July 18, 2008

July 18, 2008

Order/Opinion

07-02481

Petition of Appellee for Rehearing and Rehearing En Banc

U. S. Court of Appeals for the Eighth Circuit

July 31, 2008

July 31, 2008

Pleading / Motion / Brief
56

07-02481

Opinion

U. S. Court of Appeals for the Eighth Circuit

583 F.3d 522

Oct. 2, 2009

Oct. 2, 2009

Order/Opinion
96

1:04-cv-00037

Second Amended Complaint

May 5, 2010

May 5, 2010

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5234796/nelson-v-correctional-med-svc/

Last updated Aug. 2, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
74

ORDER ADOPTING Proposed Findings and Recommended Partial Disposition 68 : Plaintiff's claims against parties CMS and Mobley are dismissed. Signed by Judge James M Moody on 6/11/07. (bkp)

June 11, 2007

June 11, 2007

RECAP
1

COMPLAINT with jury demand; summons issued and returned to Attorney; $150.00 filing fee paid, receipt #113485 (former empl) (Entered: 04/15/2004)

April 15, 2004

April 15, 2004

107

ORDER granting in part and denying in part 103 104 Motions in Limine and dismissing as moot in part. Signed by Judge James M. Moody on 7/15/10. (bkp)

July 15, 2010

July 15, 2010

RECAP
2

MOTION by defendant to dismiss (vjt) (Entered: 05/10/2004)

May 10, 2004

May 10, 2004

113

JUDGMENT in favor of Shawanna Nelson against Patricia Turnesky re 109 Jury Verdict. Signed by Judge James M. Moody on 7/16/10. (bkp)

July 16, 2010

July 16, 2010

RECAP
3

BRIEF by defendant in support of motion to dismiss [2−1] (vjt) (Entered: 05/10/2004)

May 10, 2004

May 10, 2004

4

ATTORNEY APPEARANCE by Eileen Harrison for pltf (vjt) (Entered: 05/14/2004)

May 13, 2004

May 13, 2004

5

MOTION by pltf for extension of time to respond to motion to dismiss (vjt) (Entered: 05/14/2004)

May 14, 2004

May 14, 2004

6

ORDER (DOC); that this case is reassigned to Judge James M. Moody and referred to Mag. Judge Jerry W. Cavaneau (cc: all counsel) (vjt) (Entered: 05/19/2004)

May 19, 2004

May 19, 2004

7

ORDER by Mag. Judge Jerry W. Cavaneau granting motion for extension of time to respond to motion to dismiss [5−1] [2−1] until 6/1/04 (cc: all counsel) (tjj) (Entered: 05/26/2004)

May 25, 2004

May 25, 2004

8

RESPONSE by plaintiff to motion to dismiss [2−1] (tjj) (Entered: 06/02/2004)

June 1, 2004

June 1, 2004

9

MEMORANDUM BRIEF by plaintiff in support of motion response [8−1] (tjj) (Entered: 06/02/2004)

June 1, 2004

June 1, 2004

10

AMENDED complaint [1−1] by plaintiff with jury demand; adding Max Mobley, Jane Does, Larry Norris and Turenski (tjj) (Entered: 06/02/2004)

June 1, 2004

June 1, 2004

11

ANSWER TO FIRST AMENDED COMPLAINT by Correctional Med Svc (tjj) (Entered: 06/10/2004)

June 10, 2004

June 10, 2004

12

ORDER by Mag. Judge Jerry W. Cavaneau service is now appropriate for defts Mobley, Norris and Turenski; because the $150.00 statutory filing fee has been paid in full, pltf's counsel may now proceed to effect service on these defts; should defts subsequently need copies of other filed documents they are available either from the Clerk's office or counsel for defts Mobley, Norris and Turenski may access the PACER system for the USDC to obtain copies of the same; additionally in her amended complaint pltf has named as defts "Jane Does Nurses for CMS"; pltf's counsel should attempt to determine the identity of these defts through the use of discovery; if no motion to amend or join the identified parties as defts is made within 120 days subject to extension the Jane Doe defts will be dismissed (cc: all counsel) (tjj) (Entered: 07/29/2004)

July 28, 2004

July 28, 2004

13

ANSWER by defts Larry Norris and Turenski (tjj) Modified on 08/18/2004 (Entered: 08/10/2004)

Aug. 9, 2004

Aug. 9, 2004

14

ORDER by Mag. Judge Jerry W. Cavaneau deft Patricia Turnesky has supplied her correct or complete name; the Clerk is directed to change the style of the case to correct the name of the deft (cc: all counsel) (tjj) (Entered: 08/16/2004)

Aug. 13, 2004

Aug. 13, 2004

15

Partial Recommended Disposition by Mag. Judge Jerry W. Cavaneau recommending deft CMS' motion to dismiss [2−1] be denied; pltf's claims against defts "Jane Does Nurses for CMS" should be dismissed without prejudice pursuant to Fed. R. Civ. P. 4(m); the portion of pltf's request for permanent injunction prohibiting further retaliation from deft Turnesky should be held moot; pltf's case should be permitted to proceed against defts CMS, Mobley, Norris and Turnesky (tjj) (Entered: 01/18/2005)

Jan. 14, 2005

Jan. 14, 2005

16

MOTION by defts Larry Norris and Patricia Turnesky to substitute attorney Christine A. Cryer in place of Chilesa Jones (tjj) (Entered: 01/21/2005)

Jan. 20, 2005

Jan. 20, 2005

18

ANSWER by defendant Correctional Med Svc to amended complt (bmt) (Entered: 02/07/2005)

Feb. 7, 2005

Feb. 7, 2005

19

ANSWER TO FIRST AMENDED COMPLAINT by separate defendants Larry Norris and Patricia Turnesky (bkj) (Entered: 02/08/2005)

Feb. 7, 2005

Feb. 7, 2005

20

ORDER by Mag. Judge Jerry W. Cavaneau granting motion to substitute attorney Christine A. Cryer in place of Chilesa Jones Ready [16−1] (cc: all counsel) (bmt) (Entered: 02/08/2005)

Feb. 7, 2005

Feb. 7, 2005

SUMMONS re−issued on Mary Mathews (bkp) (Entered: 02/24/2005)

Feb. 23, 2005

Feb. 23, 2005

21

ANSWER by Mary Matthews to First Amended Complaint (bkp) (Entered: 03/01/2005)

Feb. 28, 2005

Feb. 28, 2005

22

ORDER by Mag. Judge Jerry W. Cavaneau that counsel are directed to immediately provide proof of service on deft Mobley with the Court w/in 10 days of this order's entry date, or it will be recommended that deft Mobley be dismissed (cc: all counsel) (bmt) (Entered: 04/26/2005)

April 25, 2005

April 25, 2005

SUMMONS issued as to Max Mobley (tjj) (Entered: 04/28/2005)

April 28, 2005

April 28, 2005

23

RETURN OF SERVICE executed upon defendant Max Mobley on 4/28/05 (bkp) (Entered: 05/04/2005)

May 3, 2005

May 3, 2005

24

MOTION by separate deft Max Mobley to dismiss (vjt) (Entered: 05/12/2005)

May 10, 2005

May 10, 2005

25

BRIEF by deft Max Mobley in support of motion to dismiss [24−1] (vjt) (Entered: 05/12/2005)

May 10, 2005

May 10, 2005

26

MOTION by plaintiff to withdraw attorney Eileen Woods Harrison (bkp) (Entered: 05/16/2005)

May 13, 2005

May 13, 2005

27

MOTION by plaintiff to extend time to respond to motion to dismiss (bkp) (Entered: 05/17/2005)

May 16, 2005

May 16, 2005

28

ORDER by Mag. Judge Jerry W. Cavaneau granting motion to withdraw attorney Eileen Woods Harrison [26−1] for Shawanna Nelson (cc: all counsel) (bkp) (Entered: 05/18/2005)

May 18, 2005

May 18, 2005

29

ORDER by Mag. Judge Jerry W. Cavaneau granting motion to extend time to respond to motion to dismiss for 30 days from the date of this order [27−1] (cc: counsel) (bkp) (Entered: 05/27/2005)

May 26, 2005

May 26, 2005

Docket Modification (Utility Event) resp to motion to dismiss is due w/in 30 days from date of order [24−1] [29−1] (bmt) (Entered: 06/15/2005)

May 26, 2005

May 26, 2005

30

RESPONSE by plaintiff Shawanna Nelson to separate deft Max Mobley's motion to dismiss [24−1] (rjh) (Entered: 06/16/2005)

June 16, 2005

June 16, 2005

MOTIONS 24 Motion to Dismiss REFERRED to Magistrate Judge (conversion repair) (mar ) (Entered: 07/21/2005)

July 21, 2005

July 21, 2005

Utility Event referring motions to Magistrate Judge (CM/ECF conversion). (mar, ) (Entered: 07/21/2005)

July 21, 2005

July 21, 2005

31

PROPOSED FINDINGS AND RECOMMENDED PARTIAL DISPOSITION that deft Mobley's motion to dismiss 24 be denied on all grounds; Objections to RRdue by 1/17/2006. Signed by Judge Jerry W. Cavaneau on 1/4/06. (vjt) (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

33

ORDER granting pltf's 32 Motion to Dismiss party deft Mary Matthews. Signed by Judge James M Moody on 1/10/06. (tlw) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

*** Party deft Mary Matthews terminated. (tlw) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

34

ORDER ADOPTING 31 Partial Report and Recommendations that the motion to dismiss filed by deft. Mobley is denied. Signed by Judge James M Moody on 1/20/06. (bkp, ) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

35

ANSWER to Amended Complaint by Max Mobley.(Cryer, Christine) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

36

MEMO TO FILE by Judge Jerry W. Cavaneau that this case is ready to be set for trial. (vjt) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

37

SCHEDULING ORDER: Jury Trial set for 9/11/2006 at 9:15 AM in Batesville Courtroom # 252 before Judge James M. Moody. Discovery due by 7/13/2006. Motions due by 7/24/2006. Joinder of Parties due by 6/13/2006. Pretrial Disclosure Sheet due by 8/22/2006. Signed At the Direction of the Court by Marge Higginbotham on 3/12/06. (mah) (Entered: 03/12/2006)

March 12, 2006

March 12, 2006

38

MOTION to Continue by Correctional Medical Services. (Humphries, Alan) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

39

RESPONSE to Motion re 38 MOTION to Continue trial date filed by Shawanna Nelson. (Compton, Cathleen) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

40

Deficiency Letter from Clerk of Court notifying party that 39 Response to Motion for Continuance lacks a signature (General Order 53). (thd) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

41

RESPONSE to Motion re 38 MOTION to Continue filed by Shawanna Nelson. (Compton, Cathleen) (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

42

SCHEDULING ORDER (DOC): Motions terminated: 38 MOTION to Continue filed by Correctional Medical Services. Jury Trial rescheduled for 1/22/2007 at 9:15 AM in Batesville Courtroom #252 before Judge James M. Moody. Discovery due by 10/30/2006; Motions due by 11/22/2006; Pretrial Disclosure Sheet due by 12/22/2006; Amended Pleadings due by 9/29/2006; Status Report due by 11/22/2006. Signed by D. Jackson at the Direction of the Court on 07/17/06. (dmj) (Entered: 07/17/2006)

July 17, 2006

July 17, 2006

43

MOTION for Summary Judgment by Correctional Medical Services. (Attachments: # 1 # 2)(Humphries, Alan) (Entered: 11/21/2006)

Nov. 21, 2006

Nov. 21, 2006

44

BRIEF IN SUPPORT filed by Correctional Medical Services re 43 Motion for Summary Judgment. (Humphries, Alan) (Entered: 11/21/2006)

Nov. 21, 2006

Nov. 21, 2006

45

STATEMENT OF FACTS (Local Rule 56.1) re 44 Brief in Support, 43 Motion for Summary Judgment filed by Correctional Medical Services. (Humphries, Alan) (Entered: 11/21/2006)

Nov. 21, 2006

Nov. 21, 2006

46

STATUS REPORT by Correctional Medical Services. (Humphries, Alan) (Entered: 11/21/2006)

Nov. 21, 2006

Nov. 21, 2006

47

MOTION for Extension of Time to File Response/Reply as to 43 MOTION for Summary Judgment by Shawanna Nelson. (Compton, Cathleen) (Entered: 11/22/2006)

Nov. 22, 2006

Nov. 22, 2006

48

STATUS REPORT by Shawanna Nelson. (Compton, Cathleen) (Entered: 11/22/2006)

Nov. 22, 2006

Nov. 22, 2006

49

MOTION for Summary Judgment by Max Mobley, Larry Norris, Patricia Turnesky. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q)(Boozer, Christine) (Entered: 11/22/2006)

Nov. 22, 2006

Nov. 22, 2006

51

STATEMENT OF FACTS (Local Rule 56.1) re 49 Motion for Summary Judgment,, 50 Brief in Support filed by Max Mobley, Larry Norris, Patricia Turnesky. (Boozer, Christine) (Entered: 11/22/2006)

Nov. 22, 2006

Nov. 22, 2006

52

STATUS REPORT by Max Mobley, Larry Norris, Patricia Turnesky. (Boozer, Christine) (Entered: 11/22/2006)

Nov. 22, 2006

Nov. 22, 2006

53

MOTION for Extension of Time to File Response/Reply as to 49 MOTION for Summary Judgment by Shawanna Nelson. (Compton, Cathleen) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

54

ORDER granting 47 53 Motions for Extension of Time to File Response re 43 49 Motions for Summary Judgment. Plaintiff is granted until 12/18/06 in which to file her responses to the motions for summary judgment. Signed by Judge Jerry W. Cavaneau on 11/29/06. (bmt) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

55

MOTION for Order To Make One Consolidated Brief in Response by Shawanna Nelson. (Compton, Cathleen) (Entered: 12/05/2006)

Dec. 5, 2006

Dec. 5, 2006

56

RESPONSE to Motion re 55 MOTION for Order To Make One Consolidated Brief in Response filed by Max Mobley, Larry Norris, Patricia Turnesky. (Boozer, Christine) (Entered: 12/05/2006)

Dec. 5, 2006

Dec. 5, 2006

57

RESPONSE to Motion re 55 MOTION for Order To Make One Consolidated Brief in Response filed by Correctional Medical Services. (Humphries, Alan) (Entered: 12/05/2006)

Dec. 5, 2006

Dec. 5, 2006

58

SCHEDULING ORDER: Jury Trial scheduled 1/22/07 is reset for 7/30/2007 at 9:15 AM in Batesville Courtroom #252 before Judge James M. Moody. Signed by D. Jackson at the Direction of the Court on 12/5/06. (dmj) (Entered: 12/05/2006)

Dec. 5, 2006

Dec. 5, 2006

59

Second MOTION for Extension of Time to File Response/Reply as to 43 MOTION for Summary Judgment, 49 MOTION for Summary Judgment by Shawanna Nelson. (Compton, Cathleen) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

60

ORDER granting pltf's motion 55 ; pltf is directed to file separate responses to each summary judgment motion but file a consolidated brief as long as the brief address each issue raised as to each deft named. Signed by Judge Jerry W. Cavaneau on 12/13/06. (vjt) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

61

ORDER granting pltf's motion 59 for extension of time, for an additional twenty days, to respond to defts' motions 43 49 for summary judgment. Signed by Judge Jerry W. Cavaneau on 12/18/06. (vjt) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

62

RESPONSE to Motion re 49 MOTION for Summary Judgment filed by Shawanna Nelson. (Compton, Cathleen) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

63

RESPONSE to Motion re 43 MOTION for Summary Judgment by CMS filed by Shawanna Nelson. (Compton, Cathleen) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

64

BRIEF IN SUPPORT filed by Shawanna Nelson re 62 Response to Motion, 63 Response to Motion. (Attachments: # 1 Document Matthews depo# 2 Document Smith depo# 3 Document Turensky depo# 4 Document Nelson depo# 5 Document Frazier Affidavit# 6 Document Order# 7 Document Order# 8 Document Agreement# 9 Document Mobley depo# 10 Document Norris depo)(Compton, Cathleen) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

65

REPLY re 64 Brief in Support, Reply Brief by Correctional Medical Services. (Humphries, Alan) (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

66

REPLY re 64 Brief in Support, by Max Mobley, Larry Norris, Patricia Turnesky. (Boozer, Christine) (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

67

MOTION to Deem Admitted ADC Defendants Statement of Facts by Max Mobley, Larry Norris, Patricia Turnesky (Boozer, Christine) (Entered: 04/24/2007)

April 24, 2007

April 24, 2007

69

OBJECTIONS by Shawanna Nelson re 68 Partial Report and Recommendations,,,, (Compton, Cathleen) (Entered: 06/05/2007)

June 5, 2007

June 5, 2007

70

AMENDED DOCUMENT by Shawanna Nelson. Amendment to 69 Objection To Proposed Findings and Recommended Partial Disposition (Compton, Cathleen) (Entered: 06/05/2007)

June 5, 2007

June 5, 2007

71

MOTION for Extension of Time to File Response/Reply as to 68 PARTIAL REPORT AND RECOMMENDATIONS re 49 MOTION for Summary Judgment filed by Larry Norris, Max Mobley, Patricia Turnesky, 43 MOTION for Summary Judgment filed by Correctional Medical Services, 67 MOTION to Deem Admitted ADC Defendants StatemenPARTIAL REPORT AND RECOMMENDATIONS re 49 MOTION for Summary Judgment filed by Larry Norris, Max Mobley, Patricia Turnesky, 43 MOTION for Summary Judgment filed by Correctional Medical Services, 67 MOTION to Deem Admitted ADC Defendants StatemenPARTIAL REPORT AND RECOMMENDATIONS re 49 MOTION for Summary Judgment filed by Larry Norris, Max Mobley, Patricia Turnesky, 43 MOTION for Summary Judgment filed by Correctional Medical Services, 67 MOTION to Deem Admitted ADC Defendants StatemenPARTIAL REPORT AND RECOMMENDATIONS re 49 MOTION for Summary Judgment filed by Larry Norris, Max Mobley, Patricia Turnesky, 43 MOTION for Summary Judgment filed by Correctional Medical Services, 67 MOTION to Deem Admitted ADC Defendants StatemenPARTIAL REPORT AND RECOMMENDATIONS re 49 MOTION for Summary Judgment filed by Larry Norris, Max Mobley, Patricia Turnesky, 43 MOTION for Summary Judgment filed by Correctional Medical Services, 67 MOTION to Deem Admitted ADC Defendants Statemen by Max Mobley, Larry Norris, Patricia Turnesky (Boozer, Christine) (Entered: 06/05/2007)

June 5, 2007

June 5, 2007

72

ORDER granting 71 Defendants Larry Norris, Max Mobley, and Patricia Turensky's Motion for Extension of Time; these Defendants have up to and including, Friday, June 8, 2007 in which to file any objections to the Magistrate Judge's 68 Proposed Findings and to respond to 69 Plaintiff's objections filed on 6/6/2007. Signed by Judge James M Moody on 6/6/2007. (smb) (Entered: 06/06/2007)

June 6, 2007

June 6, 2007

73

OBJECTIONS by Max Mobley, Larry Norris, Patricia Turnesky re 68 Partial Report and Recommendations,,,, (Attachments: # 1 Exhibit Nelson deposition pages)(Boozer, Christine) (Entered: 06/08/2007)

June 8, 2007

June 8, 2007

75

NOTICE OF INTERLOCUTORY APPEAL as to 74 Order Adopting Report and Recommendations by Larry Norris, Patricia Turnesky. (Boozer, Christine) (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

76

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 74 Order Adopting Report and Recommendations, 68 PARTIAL REPORT AND RECOMMENDATIONS 75 Notice of Interlocutory Appeal. (NOTIFICATION TO COUNSEL: FORM A &B SHOULD BE SUBMITTED TO EIGHTH CIRCUIT

June 22, 2007

June 22, 2007

77

USCA Appeal Fees received $ 455 receipt number LIT006589 re 75 Notice of Interlocutory Appeal filed by Larry Norris, Patricia Turnesky (dac) (Entered: 06/26/2007)

June 25, 2007

June 25, 2007

*** COA BATCH RECEIPT of $455 Appellate Filing Fees Payment re. Notice of Appeal and related supporting documents sent on: Tue Jun 26 15:09:57 CDT 2007 (Collins, Doris) (Entered: 06/26/2007)

June 26, 2007

June 26, 2007

78

USCA Docketing Letter as to 75 Notice of Interlocutory Appeal filed by Larry Norris, Patricia Turnesky. USCA Case Number 07−2481 (dac) (Entered: 06/27/2007)

June 27, 2007

June 27, 2007

79

ORDER canceling the jury trial scheduled July 30, 2007, pending the outcome of the interlocutory appeal. Signed by Judge James M. Moody on 7/5/07. (dmj) (Entered: 07/05/2007)

July 5, 2007

July 5, 2007

80

OPINION of USCA as to 75 Notice of Interlocutory Appeal filed by Larry Norris, Patricia Turnesky (dac) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

81

USCA JUDGMENT as to 75 Notice of Interlocutory Appeal filed by Larry Norris, Patricia Turnesky. Judgment of the district court is reversed and the cause is remanded to the district court for proceedings consistent with the opinion of this court (dac) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

82

ORDER of USCA, plaintiff−appellee's petition for rehearing en banc is granted. The opinion and judgment of this Court filed on July 18, 2008, are vacated as to 75 Notice of Interlocutory Appeal filed by Larry Norris, Patricia Turnesky (dac) (Entered: 08/28/2008)

Aug. 28, 2008

Aug. 28, 2008

83

OPINION of USCA judgment of the district court denying summary judgment based on qualified immunity to Officer Turensky is affirmed but its judgment denying summary judgment based on qualified immunity to Director Norris is reversed. The case is remanded to the district court for entry of judgment in favor of Director Norris and for trial of the Eighth Amendment issues raised by Shawanna Nelson against Officer Turensky. as to 75 Notice of Interlocutory Appeal filed by Larry Norris, Patricia Turnesky (dac) (Entered: 10/02/2009)

Oct. 2, 2009

Oct. 2, 2009

84

USCA JUDGMENT as to 75 Notice of Interlocutory Appeal filed by Larry Norris, Patricia Turnesky. Judgment of the district court in this cause is affirmed in part, reversed in part, and remanded to the district court for proceedings consistent with the opinion of this court. (dac) (Entered: 10/02/2009)

Oct. 2, 2009

Oct. 2, 2009

85

MANDATE of USCA In accordance with the opinion and judgment of 10/02/2009, as to 75 Notice of Interlocutory Appeal filed by Larry Norris, Patricia Turnesky (dac) (Entered: 10/23/2009)

Oct. 23, 2009

Oct. 23, 2009

86

MOTION to Withdraw as Attorney by Shawanna Nelson (Compton, Cathleen) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

87

MOTION to Substitute Attorney by Shawanna Nelson (Compton, Cathleen) (Entered: 11/01/2009)

Nov. 1, 2009

Nov. 1, 2009

88

ORDER granting motion 86 for Cathleen V. Compton to withdraw as counsel for pltf, and 87 motion to substitute Paul James as counsel of record for pltf in place of Cathleen V. Compton; Paul James is directed to file an entry of appearance in this matter within five days of the entry of this Order. Signed by Magistrate Judge Jerry W. Cavaneau on 11/4/09. (vjt) (Entered: 11/04/2009)

Nov. 4, 2009

Nov. 4, 2009

89

NOTICE of Appearance by Paul J. James on behalf of Shawanna Nelson (James, Paul) (Entered: 11/05/2009)

Nov. 5, 2009

Nov. 5, 2009

90

JUDGMENT pursuant to 85 USCA Mandate of 10/23/09, judgment is hereby entered in favor of Larry Norris, Director of the ADC. Signed by Judge James M. Moody on 11/19/09. (vjt) (Entered: 11/19/2009)

Nov. 19, 2009

Nov. 19, 2009

92

STATUS REPORT by Shawanna Nelson. (James, Paul) (Entered: 04/08/2010)

April 8, 2010

April 8, 2010

93

STATUS REPORT by Patricia Turnesky. (Cryer, Christine) (Entered: 04/08/2010)

April 8, 2010

April 8, 2010

94

MOTION for Leave to File Second Amended Complaint by Shawanna Nelson (Attachments: # 1 Exhibit Second Amended Complaint)(James, Paul) (Entered: 04/13/2010)

April 13, 2010

April 13, 2010

95

ORDER granting pltf's 94 Motion for Leave to File a Second Amended Complaint; pltf is directed to file her second amended complaint within 7 days of entry of this Order. Signed by Magistrate Judge Jerry W. Cavaneau on 5/3/10. (vjt) (Entered: 05/04/2010)

May 3, 2010

May 3, 2010

96

AMENDED COMPLAINT against Patricia Turnesky, filed by Shawanna Nelson(James, Paul) (Entered: 05/05/2010)

May 5, 2010

May 5, 2010

Case Details

State / Territory: Arkansas

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 15, 2004

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff was pregnant while incarcerated at the Arkansas Department of Corrections (ADC). During labor, Plaintiff was shackled to the bed until she was moved to the delivery room. As a result, Plaintiff suffered pains and injuries.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Correctional Medical Services (CMS), and Arkansas Department of Correction (ADC), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: $1.00

Issues

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run