Case: Byrd v. Maricopa County Sheriff's Department

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

PRISONER Civil Rights Complaint filed. (TLJ) (Entered: 11/30/2004)

NOTICE of Assignment; case is assigned to Judge Neil V. Wake and is referred to Edward C. Voss (PS) and Court's Legal Staff for review. (TLJ) (Entered: 11/30/2004)

DEMAND for jury trial by pla Charles Edward Byrd (SRB) (Entered: 12/28/2004)

NOTICE by pla Charles Edward Byrd of change of address: ASPC, Douglas, Gila Unit, PO Box 5003, Douglas, AZ 85608 (SRB) (Entered: 01/24/2005)

MOTION to amend complaint (pris civil rights) [1−1] by pla Charles Edward Byrd [5−1] (amended complaint not filed) (SRB) (Entered: 02/01/2005)

MOTION for legal supplies by pla Charles Edward Byrd [6−1] (SRB) (Entered: 02/11/2005)

MOTION to produce documents by pla Charles Edward Byrd [7−1] (SRB) (Entered: 02/18/2005)

MOTION for legal supplies by pla Charles Edward Byrd [8−1] (SRB) (Entered: 02/18/2005)

MOTION to amend exhibits by pla Charles Edward Byrd [9−1] (SRB) (Entered: 02/24/2005)

ORDER FOR PAYMENT OF INMATE FILING FEE by Judge Neil V. Wake (cc: all counsel/Dora Schriro/Michael Brodsky/finance) re: order filed [10−1] (SRB) (ADI−ICMS, ). (Entered: 05/03/2005)

NOTICE by pla Charles Edward Byrd of change of address to #103766, ASPC−Douglas−Maricopa−G4, Box 5000, Douglas, AZ 85608 (KCS) (Entered: 05/05/2005)

ORDER by Judge Neil V. Wake Plaintiff's Application to Proceed In Forma Pauperis is granted; pla is obligated to pay the statutory filing fee of $150.00 for this action; denying motion to amend exhibits by pla Charles Edward Byrd [9−1], denying motion for legal supplies by pla Charles Edward Byrd [8−1], denying motion to produce documents by pla Charles Edward Byrd [7−1], denying motion for legal supplies by pla Charles Edward Byrd [6−1], denying motion to amend complaint (pris civil rights) [1−1] by pla Charles Edward Byrd [5−1]; dfts Durango Jail, Peterson, Joseph Arpaio, and Maricopa County Sherriff's Office are dismissed without prejudice terminating party Durango Jail, party Peterson, party Joseph M Arpaio, party Maricopa Cty Sher Of , Pla complaint is dismissed without prejudice with leave to amend. Pla shall have 30 days from the date of this order to file an amended complaint; clerk is directed to enter judgment of dismissal without prejudice of this action if pla fails to file an amended complaint within 30 days; ; spec. prisoner ddl set for 6/20/05 clerk is directed to provide pla with a current court approved form for filing a civil rights complaint (cc: all counsel)(form sent to pla) (SRB) (ADI−ICMS, ). (Entered: 05/20/2005)

FIRST AMENDED COMPLAINT by pla Charles Edward Byrd; jury demand [1−1]; adding Dfts Arpaio, Peterson (MAP) (Entered: 06/15/2005)

MOTION for appointment of counsel by pla Charles Edward Byrd [14−1] (MAP) (Entered: 06/15/2005)

CERTIFICATE of Mailing First Amended Complaint by pla (SAT) (Entered: 06/17/2005)

MOTION to allow Petitioner to make legal copies while on indigent status by Charles Edward Byrd. (TLJ, ) (Entered: 09/15/2005)

NOTICE of Change of Address by Charles Edward Byrd: 201 S. 4th Avenue, Phoenix, AZ 85003 (LSP) (Entered: 11/14/2005)

NOTICE of Change of Address to 201 S. 4th Ave., Phoenix, AZ. 85003 by Charles Edward Byrd (TLJ, ) (Entered: 11/21/2005)

ORDER denying 14 Motion to Appoint Counsel, denying 16 Motion copies . Signed by Judge Neil V Wake on 01/31/06. (KCS) (Entered: 02/01/2006)

ORDER (Service Packet) Special Prisoner Deadline due by 3/3/2006. Service Packet due by 2/21/2006. Possible Dismissal due by 4/1/2006.. Signed by Judge Neil V Wake on 01/31/06. (KCS, ) (Entered: 02/01/2006)

WAIVER OF SERVICE Returned Executed O'Connell waiver sent on 2/15/2006, answer due 4/17/2006. (LSP) (Entered: 03/03/2006)

WAIVER OF SERVICE Returned Executed Peterson waiver sent on 2/15/2006, answer due 4/17/2006. (LSP) (Entered: 03/03/2006)

WAIVER OF SERVICE Returned Executed Joseph M Arpaio waiver sent on 2/15/2006, answer due 4/17/2006. (LSP) (Entered: 03/03/2006)

NOTICE of Change of Address by Charles Edward Byrd (3250 W Lower Buckeye, LBJ−T3L−B19, Phoenix, AZ 85009) (SBU, ) (Entered: 03/06/2006)

NOTICE of Change of Address by Charles Edward Byrd #103766, ASPC Douglas, PO Box 5000, Douglas, AZ 85608. (KCS) (Entered: 03/31/2006)

MOTION for Status of Case by Charles Edward Byrd. (DNH, ) (Entered: 04/12/2006)

MOTION for Default Judgment by Charles Edward Byrd. (DNH, ) (Entered: 04/13/2006)

ANSWER to Amended Complaint by Joseph M Arpaio, O'Connell, Peterson.(Brandon, Maria) (Entered: 04/17/2006)

MOTION for Summary Judgment by Charles Edward Byrd. (DNH, ) (Entered: 04/24/2006)

RESPONSE to Motion re 27 MOTION for of Default Judgment filed by Joseph M Arpaio, O'Connell, Peterson. (Attachments: # 1 Exhibit A)(Brandon, Maria)

RESPONSE to Motion re 29 MOTION for Summary Judgment filed by Joseph M Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 05/04/2006)

First MOTION to Strike 31 Response filed by Joseph M Arpaio, O'Connell, Peterson. (Attachments: # 1 Text of Proposed Order)(Brandon, Maria) (Entered: 05/08/2006)

ERRATA re 32 Response to Motion filed by Defendants Joseph M Arpaio, O'Connell, Peterson. (Attachments: # 1 Exhibit A to Defendants' Response to Motion for Summary Judgment)(Brandon, Maria) (Entered: 05/08/2006)

ORDER denying 26 Motion for Status, denying 27 Motion Demanding Judgment by Default, denying 29 Motion for Summary Judgment. Signed by Judge Edward C Voss on May 22, 2006. (ECV)

ORDERED Discovery due by 1/25/2007. Dispositive motions due by 3/26/2007. Proposed Pretrial Order due by 5/29/2007. Signed by Judge Edward C Voss on May 22, 2006. (ECV)

ORDER granting 33 Motion to Strike Plaintiff's 31 Response to Defendants' Answer; Minute Entry 31 Ruled On Motion . Signed by Judge Edward C Voss on 05/22/06. (DNH) (Entered: 05/22/2006)

Filing fee received: $ 7.13, receipt number PHX051512. Paid in full. (SAT) (Entered: 12/05/2006)

MOTION for Summary Judgment by Joseph M Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 01/18/2007)

STATEMENT of Facts in Support of Motion for Summary Judgment re 39 MOTION for Summary Judgment by Defendants Joseph M Arpaio, O'Connell, Peterson. (Attachments: # 1 Exhibit Index to Statement of Facts and Exhibits A−F)(Brandon, Maria) (Entered: 01/18/2007)

ORDER − IT IS ORDERED that Plaintiff must file a response to Defendants' 39 MOTION for Summary Judgment together with a separate Statement of Facts and supporting affidavits or other appropriate exhibits, no later than February 21, 2007. FURTHER ORDERED that Defendants may file a reply within 15 days after service of Plaintiffs response. FURTHER ORDERED that the Motion for Summary Judgment will be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Judge Edward C Voss on 1/22/07. (SAT) (Entered: 01/23/2007)

MOTION to Submit Exhibits A − M−6 by Charles Edward Byrd. (Attachments: # 1)(SAT) (Entered: 01/26/2007)

RESPONSE to Motion (titled "Motion to Dismiss") re defendant(s) 39 MOTION for Summary Judgment filed by Charles Edward Byrd. (Attachments: # 1)(SAT) (Entered: 02/08/2007)

REPLY to Response to Motion re 39 MOTION for Summary Judgment Reply to Plaintiff's Motion to Dismiss Defendant(s) Motion for Summary Judgment filed by Joseph M Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 02/20/2007)

SUPPLEMENT to Plaintiff's 43 Response (titled "Motion to Dismiss") to Motion re defendant(s) 39 MOTION for Summary Judgment by Plaintiff Charles Edward Byrd. (SAT) (Entered: 02/22/2007)

ORDER − IT IS THEREFORE ORDERED that Plaintiff's 42 Motion to Submit Exhibits is granted. Signed by Judge Edward C Voss on 2/22/07.(SAT) (Entered: 02/22/2007)

NOTICE of Change of Address by Charles Edward Byrd. NEW ADDRESS: ASPC−Alhambra, PO BOX 52109, Phoenix, AZ 85072 (SAT) (Entered: 03/30/2007)

MOTION for Proposed Pretrial Order by Charles Edward Byrd. (KMG) (Entered: 05/25/2007)

MOTION to Allow U.S. District Court Judge to Rule on this Case and not a Jury Trial by Charles Edward Byrd. (KMG) (Entered: 05/25/2007)

MOTION to Appoint Counsel by Charles Edward Byrd. (KMG) (Entered: 05/25/2007)

ORDER − IT IS ORDERED: (1) Count II of Plaintiff's First Amended Complaint is dismissed for failure to state a claim. (2) Defendants' 39 Motion for Summary Judgment is granted in part and denied in part. (3) The motion is granted to the extent that Plaintiff is not entitled to damages under 42 U.S.C. § 1997e(e) for mental or emotional injury. (4) The motion is otherwise denied. Plaintiff may proceed as to his claims for compensatory, nominal, and punitive damages based on violations of his Fourth and Eighth Amendment rights. (5) Plaintiff's 49 Motion for Pre−Trial Order is denied. (6) Plaintiff's 50 Motion to Allow U.S. District Judge to Rule on this Case and Not a Jury Trial is denied. Signed by Judge Neil V Wake on 5/29/07.(SAT) (Entered: 05/30/2007)

ORDER issued: Motions in Limine due by 7/6/2007, Proposed Pretrial Order due by 7/6/2007, Final Pretrial Conference set for 7/27/2007 at 10:00 AM before Judge Neil V Wake, Jury Trial set for 8/14/2007 at 09:00 AM before Judge Neil V Wake. Signed by Judge Neil V Wake on 5/30/07. (SJF) (Entered: 05/30/2007)

ORDER − IT IS ORDERED withdrawing the reference to the Magistrate Judge in this case. Case no longer referred to Edward C Voss. All matters going forward shall remain with the District Judge for disposition as appropriate. Signed by Judge Neil V Wake on 5/31/07. (SAT) (Entered: 05/31/2007)

RESPONSE to Motion re 50 MOTION for Response to Plaintiff's Motion to Allow U.S. District Court Judge to Rule on This Case and Not A Jury Trial filed by Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 06/11/2007)

MOTION for Appointment of Counsel for Plaintiff by Charles Edward Byrd. (SAT) (Entered: 06/13/2007)

ORDER − IT IS ORDERED that Plaintiff's 51 Motion for Appointment of Counsel is granted. Louis Daniel Lopez, Jr and Stephen P Brower of Fennemore Craig PC are appointed as counsel for Plaintiff. IT IS FURTHER ORDERED that the Clerk serve a copy of this order upon Mr. Lopez and Mr. Brower in addition to the Plaintiff and Defendants' counsel. Signed by Judge Neil V Wake on 6/13/07.(SAT) (Entered: 06/13/2007)

ORDER − IT IS ORDERED that Plaintiff's second 56 Motion for Appointment of Counsel is denied as moot, the court having granted Plaintiff's first Motion for Appointment of Counsel (doc. # 51) and having appointed counsel for Plaintiff this date (doc. # 57). Signed by Judge Neil V Wake on 6/13/07.(SAT) (Entered: 06/14/2007)

MOTION for Reconsideration re Motion for Summary Judgment by Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 06/14/2007)

Notice re Addendum to Statement of Facts in Support of Motion For Summary Judgment and Motion For Reconsideration by Joseph M. Arpaio, O'Connell, Peterson re 40 Statement Exhibits G and H (Attachments: # 1 # 2)(Brandon, Maria) (Entered: 06/14/2007)

MOTION in Limine re: to exclude plaintiff's prior felony convictions by Charles Edward Byrd. (SAT) (Entered: 06/19/2007)

MOTION to Order Arizona Department of Corrections to Transport Plaintiff to all Pending Court Dates by Charles Edward Byrd. (SAT) (Entered: 06/19/2007)

MOTION to Dismiss Case by Joseph M. Arpaio, O'Connell, Peterson. (Attachments: # 1 Exhibit 1 − 1A# 2 Exhibit 1B − 5)(Brandon, Maria) (Entered: 06/19/2007)

ORDER denying 62 Motion to Dismiss Case. Signed by Judge Neil V Wake on 6/20/07.(SJF) (Entered: 06/20/2007)

MOTION for Reconsideration re order 52 of dismissal of count 2 of complaint by Charles Edward Byrd. (DMT, ) (Entered: 06/21/2007)

Notice re Defendants' Supplemental Disclosure by Joseph M. Arpaio, O'Connell, Peterson (Brandon, Maria) (Entered: 06/21/2007)

ORDER denying 63 Motion in Limine; denying 64 Motion to Order the Arizona Department of Corrections to Transport Plaintiff; denying 67 Motion for Reconsideration as improperly filed pro se. Plaintiff was appointed counsel on 6/13/07 [doc. 57]. Signed by Judge Neil V Wake on 6/21/07.(SJF) (Entered: 06/21/2007)

SUPPLEMENT of Sgt. Fisher's Affidavit in Support of Defendants' Motion to Dismiss filed June 19, 2007 by Defendants Joseph M. Arpaio, O'Connell, Peterson. (Attachments: # 1 Exhibit Index for Addendum to Sgt. Fisher's Affidavit in Support of Defendants' Motion to Dismiss)(Brandon, Maria) (Entered: 06/22/2007)

Proposed Voir Dire by Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 07/06/2007)

Proposed Jury Instructions by Joseph M. Arpaio, O'Connell, Peterson. (Attachments: # 1 Proposed Jury Instructions with Objections)(Brandon, Maria) (Entered: 07/06/2007)

Proposed Verdict Form by Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 07/06/2007)

Notice of Filing Proposed Pretrial Order filed by Charles Edward Byrd (Attachments: # 1 Proposed Final Pretrial Order for Jury Trial)(Lopez, Louis) (Entered: 07/06/2007)

Proposed Jury Instructions by Joseph M. Arpaio, O'Connell, Peterson. (Lopez, Louis) (Entered: 07/06/2007)

Proposed Jury Instructions by Charles Edward Byrd. (Lopez, Louis) (Entered: 07/06/2007)

OBJECTION re 75 Proposed Jury Instructions filed by Plaintiff by Defendants Joseph M. Arpaio, O'Connell, Peterson. (Lopez, Louis) (Entered: 07/06/2007)

Proposed Voir Dire by Charles Edward Byrd. (Lopez, Louis) (Entered: 07/06/2007)

OBJECTION re 75 Proposed Jury Instructions by Defendants Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 07/06/2007)

Notice re Stipulated to Verdict Forms by Charles Edward Byrd, Joseph M. Arpaio, O'Connell, Peterson (Lopez, Louis) (Entered: 07/06/2007)

MOTION for To Provide for Transportation and the Wearing of Civilian Clothes to Trial by Charles Edward Byrd. (Attachments: # 1 Text of Proposed Order)(Lopez, Louis) (Entered: 07/06/2007)

Minute Entry. Proceedings held before Judge Neil V Wake: Pretrial Conference held on 7/27/2007. Numerous pretrial issues discussed and resolved (see text of minute entry). Counsel are directed to revise the pretrial order for submission to the Court. Counsel are directed to confer and attempt to submit a revised agreed−upon joint statement of the case by August 3, 2007. (Court Reporter Laurie Adams.)(SJF) (Entered: 07/27/2007)

ORDER re 82 Minute Entry: ruling on oral motion for demonstration. Signed by Judge Neil V. Wake on 7/27/2007. (NVW, ) (Entered: 07/27/2007)

ORDER FOR WRIT TO ISSUE − IT IS ORDERED that the Clerk of this Court be and is hereby instructed to issue a Writ of Habeas Corpus to the Warden, Arizona State Prison Complex − Phoenix, Alhambra, or his authorized Deputy to bring Charles Edward Byrd, #103766, to the United States Courthouse at Phoenix, AZ, Courtroom 504, for jury trial on 8/14/07 at 8:30 a.m. Writ Issued. Signed by Judge Neil V Wake on 7/27/07. (SAT) (Entered: 07/30/2007)

Notice of Filing Proposed Pretrial Order filed by Charles Edward Byrd (Attachments: # 1 Proposed Final Pretrial Order for Jury Trial)(Lopez, Louis) (Entered: 08/03/2007)

FINAL PRETRIAL ORDER FOR JURY TRIAL − IT IS ORDERED this Proposed Final Pretrial Order jointly submitted by the parties is hereby APPROVED and ADOPTED as the official Pretrial Order of this Court. Signed by Judge Neil V Wake on 8/3/07. (SAT) (Entered: 08/06/2007)

Notice re Pretrial Objection by Charles Edward Byrd to Use of Defendants' Mannequin (Attachments: # 1 Exhibit A)(Brower, Stephen) (Entered: 08/07/2007)

OBJECTION Response to Pretrial Objection to Use of Defendants' Mannequin by Defendants Joseph M. Arpaio, O'Connell, Peterson filed by Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 08/09/2007)

Notice re Withdrawal of Dennis Dale Carpenter, Jr. by Joseph M. Arpaio, O'Connell, Peterson (Brandon, Maria) (Entered: 08/13/2007)

SUPPLEMENT re 75 Proposed Jury Instructions by Plaintiff Charles Edward Byrd. (Lopez, Louis) (Entered: 08/13/2007)

OBJECTION to PowerPoint by Defendants Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 08/13/2007)

Minute Entry. Proceedings held before Judge Neil V Wake: Jury Trial begun and held on 8/14/2007 (Day One). (Court Reporter Laurie Adams.)(SJF) (Entered: 08/15/2007)

OBJECTION TO PLAINTIFF'S REQUESTED NEGATIVE INFERENCE by Defendants Joseph M. Arpaio, O'Connell, Peterson. (Brandon, Maria) (Entered: 08/15/2007)

Minute Entry. Proceedings held before Judge Neil V Wake : Jury Trial (day 2) held on 8/15/2007. (Court Reporter Laurie Adams.)(TLJ) (Entered: 08/17/2007)

Notice (letter) to Judge Wake regarding jury instruction by attorney Louis Lopez for Charles Edward Byrd. (TLJ) (Entered: 08/17/2007)

Notice of requested negative inference by Charles Edward Byrd. (TLJ) (Entered: 08/17/2007)

Minute Entry. Proceedings held before Judge Neil V Wake : Jury Trial completed on 8/16/2007. (Court Reporter Laurie Adams.)(TLJ) (Entered: 08/17/2007)

Exhibit List by Charles Edward Byrd.(TLJ) (Entered: 08/17/2007)

Witness List by Charles Edward Byrd. (TLJ) (Entered: 08/17/2007)

Exhibit List by defendants. (TLJ) (Entered: 08/17/2007)

Jury Questions During Trial.(TLJ) (Entered: 08/17/2007)

Jury Instructions signed by Judge Neil V. Wake on 8/16/07. (TLJ) (Entered: 08/17/2007)

JURY VERDICT. (TLJ) (Entered: 08/17/2007)

CLERK'S JUDGMENT−IT IS ORDERED that the jury finds for Defendant on all counts. JUDGMENT is herebyentered in favor of Defendants and Plaintiff takes nothing. (TLJ) (Entered: 08/17/2007)