Case: Nelson v. Correctional Medical Services

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Eighth Circuit

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

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

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

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

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

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)

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)

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

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

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

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

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)

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

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)

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)

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

ORDER by Judge James M. Moody adopting in their entirety as this Court's findings Mag Judge Cavaneau's Findings and Recommended Partial Disposition [15-1]; deft CMS motion to dismiss is denied [2-1]; pltf's claims against defts' Jane Does Nurses for CMS are dism w/o prej; the portion of pltf's request for permanent injunction prohibiting further retaliation from deft Turnesky is moot; pltf's case shall proceed against defts CMS, Mobley, Norris & Turnesky (cc: all counsel) (rjh) (Entered: 01/31/2005)

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

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

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)

SUMMONS re-issued on Mary Mathews (bkp)

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

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)

SUMMONS issued as to Max Mobley (tjj)

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

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

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

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

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

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)

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)

Docket Modification (Utility Event) resp to motion to dismiss is due w/in 30 days from date of order [24-1] [29-1] (bmt)

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

MOTIONS 24 Motion to Dismiss REFERRED to Magistrate Judge (conversion repair) (mar )

Utility Event referring motions to Magistrate Judge (CM/ECF conversion). (mar, )

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

MOTION to Dismiss PARTY DEFENDANT MARY MATTHEWS by Shawanna Nelson. (Compton, Cathleen) (Entered: 01/09/2006)

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)

*** Party deft Mary Matthews terminated. (tlw)

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)

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

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

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)

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

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

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)

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

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)

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

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

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)

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

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)

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

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)

BRIEF IN SUPPORT filed by Max Mobley, Larry Norris, Patricia Turnesky re 49 Motion for Summary Judgment,. (Boozer, Christine) (Entered: 11/22/2006)

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)

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

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)

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)

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

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)

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)

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)

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)

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)

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)

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

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

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)

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

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

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

PARTIAL REPORT AND RECOMMENDATIONS recommeding that the ADC Defendants' 67 Motion to have their statement of facts deemed admitted be denied. Defendant CMS's 43 Motion for Summary Judgment be granted. The ADC Defendants' 49 Motion for Summary Judgment be granted in part and denied in part. Plaintiff's claims for denial of medical care by Defendant Tumesky in connnection with a missed medical appointment and retaliation by Defendant Tumesky be dismissed w/o prejudice on administrative exhaustion grounds. Plaintiff's claims against Defendant CMS be dismissed in their entirety w/prejudice. Plaintiff's claims against Defendant Mobley be dismissed in their entirety w/prejudice. Plaintiff's labor and childbirth claims should be permitted to proceed against Defendants Norris and Tumesky. Plaintiff's claim for monetary damages against Defendants Norris and Tumesky in an official capacity only is barred by the Eleventh Amendment. Case should remain scheduled for jury trial on 7/30/07. Objections to R&R due by 6/8/2007. Signed by Judge Jerry W. Cavaneau on 5/25/07. (bmt) (Entered: 05/25/2007)

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

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

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)

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)

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)

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) (Entered: 06/12/2007)

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

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 COURT OF APPEALS CLERK'S OFFICE). (dac) (Entered: 06/22/2007)

*** COA BATCH RECEIPT of Notice of Appeal and related supporting documents sent on: Fri Jun 22 15:50:11 CDT 2007 (COA2, )

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)

*** 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)

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)

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)

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

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)

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)

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)

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)

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)

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

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

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)

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

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)

SCHEDULING ORDER: Jury Trial is set sometime during the week of 6/7/2010 at 9:15 AM in Batesville Courtroom # 252 before Judge James M. Moody. Pretrial Disclosure Sheet due by 5/7/2010. Status Report due by 4/8/2010. Signed by D. Jackson at the Direction of the Court on 2/17/2010. (dmj) (Entered: 02/17/2010)

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