Case: Corbett v. Branker

5:13-ct-03201 | U.S. District Court for the Eastern District of North Carolina

Filed Date: July 26, 2010

Clearinghouse coding complete

Case Summary

On July 26, 2010, a North Carolina prisoner filed this § 1983 lawsuit in the Eastern District of North Carolina against officers and administrators at the state-run Central Prison. On February 14, 2012, the Court (Judge Terrence W. Boyle) denied the state's motion for summary judgment. Due to the pro se plaintiff's inability to procure discovery, and the complexity of the issues, the court appointed North Carolina Prisoner Legal Services (NCPLS) to represent the plaintiff. On May 1, 2013, NCPLS…

On July 26, 2010, a North Carolina prisoner filed this § 1983 lawsuit in the Eastern District of North Carolina against officers and administrators at the state-run Central Prison. On February 14, 2012, the Court (Judge Terrence W. Boyle) denied the state's motion for summary judgment. Due to the pro se plaintiff's inability to procure discovery, and the complexity of the issues, the court appointed North Carolina Prisoner Legal Services (NCPLS) to represent the plaintiff. On May 1, 2013, NCPLS filed an amended complaint, adding seven similarly situated North Carolina prisoners. The prisoners asked the court for damages, and injunctive and declaratory relief, claiming that the officers took advantage of a blind spot--one free from video surveillance--in one of the prison's hallways to commit malicious and sadistic assaults on the prisoners.

For years, prisoners housed on Central Prison's Unit One repeatedly reported the abuses through letters and litigation. This lawsuit sought to end the problem, seeking an injunction mandating installation of video surveillance cameras in the blind spot, and policies regarding retention of video footage and procedures for the investigation of officers' use of force. Because of years of discovery disputes and the bifurcated posture of the case, Judge Boyle ordered the original case (No. 5:10-ct-03135) closed on August 26, 2013 and opened a new case Corbett v. Branker, No. 5:13-ct-03201, with a beginning date of May 1, 2013--the date of the filing of the amended complaint in the old case.

On November 19, 2013, Judge Boyle appointed a special master to assist the court and the parties and to file reports with the court regarding the prison's compliance with future court orders. On March 17, 2014, Judge Boyle denied the state's motion to dismiss and dismissed the prisoners' motion for preliminary injunction.

On March 27, 2014 the parties stipulated to several of the special master's findings. The court placed the prison on notice that if it did not comply and implement the initial recommendations, a preliminary injunction would issue. On May 7, 2014, Magistrate Judge Robert Jones granted the prisoners' motion for a protective order against the prison officials.

The court granted summary judgment to the defendant on September 11, 2015, and the plaintiff appealed the decision to the Fourth Circuit Court of Appeals. Corbett v. Branker, 628 Fed. Appx. 185 (4th Cir. 2016). The Fourth Circuit dismissed the appeal for lack of jurisdiction on January 7, 2016. The case is presumably closed.

Summary Authors

Alex Wharton (1/2/2015)

Elizabeth Heise (11/3/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5619054/parties/corbett-v-branker/


Judge(s)

Boyle, Terrence William (North Carolina)

Attorneys(s) for Plaintiff

Albiston, Elizabeth (North Carolina)

Finholt, Benjamin S. (North Carolina)

Luecking-Sunman, Michele R. (North Carolina)

Simpson, Elizabeth Guild (North Carolina)

Strauss, David A. (North Carolina)

Attorneys(s) for Defendant

Goodson, Scott Bartley (North Carolina)

Harper, Lisa Y. (North Carolina)

Harrison, Jodi (North Carolina)

Regulski, Peter Andrew (North Carolina)

Judge(s)

Boyle, Terrence William (North Carolina)

Attorneys(s) for Plaintiff

Albiston, Elizabeth (North Carolina)

Finholt, Benjamin S. (North Carolina)

Luecking-Sunman, Michele R. (North Carolina)

Simpson, Elizabeth Guild (North Carolina)

Strauss, David A. (North Carolina)

Attorneys(s) for Defendant

Goodson, Scott Bartley (North Carolina)

Harper, Lisa Y. (North Carolina)

Harrison, Jodi (North Carolina)

Regulski, Peter Andrew (North Carolina)

Documents in the Clearinghouse

Document

5:10-ct-03235

Docket [PACER]

Aug. 26, 2013

Aug. 26, 2013

Docket

5:13-ct-03201

Docket

Oct. 21, 2016

Oct. 21, 2016

Docket
1

5:10-ct-03135

Form to be Used by a State Prisoner in Filing a Complaint

July 26, 2010

July 26, 2010

Complaint
6

5:10-ct-03135

Order of Investigation

Oct. 12, 2010

Oct. 12, 2010

Order/Opinion
74

5:10-ct-03135

First Amended Complaint for Damages, Injunction, and Declaratory Relief

May 1, 2013

May 1, 2013

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5619054/corbett-v-branker/

Last updated Aug. 2, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
81

ORDER - granting 60 Motion to Withdraw and withdrawing 48 Motion for Summary Judgment; finding as moot 50 Motion for Extension of Time to File Response and 52 Motion for Protective Order; granting 59 Motion to Withdraw and withdrawing 58 Motion to Withdraw Appointed Counsel; and denying without prejudice 65 Motion for Summary Judgment. The Honorable James E. Gates shall enter an amended scheduling order to include a period for discovery and an amended deadline for dispositive motions. Signed by US District Judge Terrence W. Boyle on 5/2/2013. (McDowell, G.)

May 3, 2013

May 3, 2013

RECAP
1

COMPLAINT against G. J. Branker, Officer Hicks, Officer Holloman, Officer James, Officer Lancaster, Sgt. Prado, Sgt. Reed, filed by Stanley Earl Corbett, Jr. (Attachments: # 1 Envelope) (Indig, A.) (Entered: 07/27/2010)

July 26, 2010

July 26, 2010

2

MOTION for Leave to Proceed in forma pauperis by Stanley Earl Corbett, Jr. (Indig, A.) (Entered: 07/27/2010)

July 26, 2010

July 26, 2010

3

MOTION to Appoint Counsel by Stanley Earl Corbett, Jr. (Indig, A.) (Entered: 07/27/2010)

July 26, 2010

July 26, 2010

4

ORDER Directing Monthly Payments be made from Prison Account of Stanley Earl Corbett, Jr. Signed by Clerk of Court on 7/27/2010. (Indig, A.) (Entered: 07/27/2010)

July 27, 2010

July 27, 2010

Motions Submitted to Staff Counsel re: 3 MOTION to Appoint Counsel. Case also submitted for frivolity review. (Indig, A.) (Entered: 07/27/2010)

July 27, 2010

July 27, 2010

5

ORDER − the Clerk is directed to maintain management of the case. Denying 3 Motion to Appoint Counsel. Signed by Judge Terrence W. Boyle on 10/8/2010. (Indig, A.) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

6

Order of Investigation−−NC Prisoner Legal Services to investigate plaintiff's claims. Copy to plaintiff with notice and waiver form and copy to NCPLS and NC Attorney General. Response to Order due by 1/10/2011. Signed by Dennis P. Iavarone, Clerk of Court on 10/12/2010. (Indig, A.) (Entered: 10/12/2010)

Oct. 12, 2010

Oct. 12, 2010

7

Acceptance by plaintiff of Investigation by NC Prisoner Legal Services by Stanley Earl Corbett, Jr. (Attachments: # 1 Envelope) (Taylor, B.). (Entered: 10/18/2010)

Oct. 15, 2010

Oct. 15, 2010

8

Summons Issued to U.S. Marshal as to G. J. Branker, Officer Hicks, Officer Holloman, Officer James, Officer Lancaster, Sgt. Prado, Sgt. Reed. Copy to plaintiff with Magistrate Consent form. (McDowell, G.) (Entered: 10/28/2010)

Oct. 28, 2010

Oct. 28, 2010

9

Order directing the U.S. Marshal to make service on behalf of plaintiff. Signed by US Magistrate Judge William A. Webb on 11/3/2010. (Indig, A.) (Entered: 11/03/2010)

Nov. 3, 2010

Nov. 3, 2010

10

SUMMONS Returned Executed. G. J. Branker served on 11/8/2010; Officer Hicks served on 11/8/2010; Officer Holloman served on 11/8/2010; Officer James served on 11/8/2010; Officer Lancaster served on 11/8/2010; and Sgt. Prado served on 11/8/2010. (Taylor, B.) (Entered: 11/17/2010)

Nov. 16, 2010

Nov. 16, 2010

11

Summons Returned Unexecuted as to Sgt. Reed. (McDowell, G.) (Entered: 11/19/2010)

Nov. 18, 2010

Nov. 18, 2010

12

First MOTION for Extension of Time to File Response/Reply to Order of Investigation by Stanley Earl Corbett, Jr. (Attachments: # 1 Text of Proposed Order) (Griffin, J.) (Entered: 01/19/2011)

Jan. 19, 2011

Jan. 19, 2011

13

RESPONSE to Order of Investigation re 6 Order of Investigation, filed by Stanley Earl Corbett, Jr. (Griffin, J.) (Entered: 01/19/2011)

Jan. 19, 2011

Jan. 19, 2011

14

ORDER granting 12 Motion for Extension of Time to File Response to the Order of Investigation. Signed by Dennis P. Iavarone, Clerk of Court on 1/21/2011.

Jan. 21, 2011

Jan. 21, 2011

16

RESPONSE re 15 Notice to Counsel of Failure to Make Service within 120 Days regarding defendant filed by Stanley Earl Corbett, Jr. (Attachment: # 1 Envelope) (McDowell, G.) (Entered: 02/15/2011)

Feb. 14, 2011

Feb. 14, 2011

17

ANSWER to 1 Complaint by G. J. Branker, Officer Hicks, Officer Holloman, Officer James, Officer Lancaster, Sgt. Prado. (Harper, Lisa) (Entered: 02/18/2011)

Feb. 18, 2011

Feb. 18, 2011

18

RESPONSE re 17 Answer to Complaint filed by Stanley Earl Corbett, Jr. (Attachments: # 1 Envelope) (Indig, A.) (Entered: 03/07/2011)

March 7, 2011

March 7, 2011

19

SCHEDULING ORDER: Motions due by 5/5/2011. Signed by Magistrate Judge William A. Webb on 3/14/2011. (McDowell, G.) (Entered: 03/14/2011)

March 14, 2011

March 14, 2011

20

PLAINTIFF'S FIRST REQUEST for Production of Documents. (Attachments: # 1 Envelope) (Indig, A.) (Entered: 04/05/2011)

April 4, 2011

April 4, 2011

21

MOTION for Summary Judgment by G. J. Branker, Officer Hicks, Officer Holloman, Officer James, Officer Lancaster, Sgt. Prado. (Harper, Lisa) (Entered: 05/04/2011)

May 4, 2011

May 4, 2011

22

Memorandum in Support re 21 MOTION for Summary Judgment filed by G. J. Branker, Officer Hicks, Officer Holloman, Officer James, Officer Lancaster, Sgt. Prado. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit) (Harper, Lisa) (Entered: 05/04/2011)

May 4, 2011

May 4, 2011

23

Rule 56 Letter issued. Response due by 5/26/2011. (King, K.) (Entered: 05/05/2011)

May 5, 2011

May 5, 2011

24

MOTION for Extension of Time to File Response as to 21 MOTION for Summary Judgment by Stanley Earl Corbett, Jr. (Attachments: # 1 Declaration of Stanley Earl Corbett, Jr. # 2 Envelope) (Indig, A.) (Entered: 05/17/2011)

May 11, 2011

May 11, 2011

25

ORDER granting 24 Motion for Extension of Time to File Response to 21 Motion for Summary Judgment. Response due by June 27, 2011. Signed by Dennis P. Iavarone, Clerk of Court on 5/17/2011. Copy of order sent to plaintiff via US Mail. (Taylor, B.) (Entered: 05/17/2011)

May 17, 2011

May 17, 2011

26

RESPONSE to Motion re 21 MOTION for Summary Judgment filed by Stanley Earl Corbett, Jr. (Attachment: # 1 Envelope) (Blankenship, T.) (Entered: 06/30/2011)

June 30, 2011

June 30, 2011

27

Memorandum in Support re 26 Response to Motion filed by Stanley Earl Corbett, Jr. (Blankenship, T.) (Entered: 06/30/2011)

June 30, 2011

June 30, 2011

28

AFFIDAVIT by Stanley Earl Corbett, Jr. (Attachments: # 1 Index, # 2 Exhibit A − Investigative statement by assistant warden, Mr. Munns, here at Central Prison, # 3 Exhibit B − Statement by Unit 1 (segregation), Unit Manager, LT. Warren, here at Central Prison, # 4 Exhibit C − Medical screenings, # 5 Exhibit D1 and D2 − Naproxen (for pain and inflamation), patient medication information sheet, # 6 Exhibit E − Propoxyphene or Darvon (narcotic for pain), patient medication information sheet, # 7 Exhibit F − Acetaminophen or Tylenol (for pain), patient medication information sheet, # 8 Exhibit G1 and G2 − Indomethacin (for pain and inflamtion), patient medication information sheet, # 9 Exhibit H − Medical Instruction Slip (for my left shoulder) by Wayne F. Gray, physical therapist, # 10 Exhibit I1 and I2 − Offense and Disciplinary Report that shows the verdict of an infraction) (Blankenship, T.) (Entered: 06/30/2011)

June 30, 2011

June 30, 2011

Motion Submitted to Staff Counsel re: 21 MOTION for Summary Judgment. (Blankenship, T.) (Entered: 06/30/2011)

June 30, 2011

June 30, 2011

29

ORDER − The court directs the North Carolina Attorney General to provide the court with the full name and last known address of defendant Sgt. Reed within 14 days from the filing of this order, or to inform the court that no such address is available. Signed by Magistrate Judge William A. Webb on 8/5/2011. Copy sent to

Aug. 5, 2011

Aug. 5, 2011

31

Summons Reissued as to Sgt. Reed. (Taylor, B.) (Entered: 08/17/2011)

Aug. 17, 2011

Aug. 17, 2011

32

MOTION to Compel entitled "Motion for an Order Compelling Discovery" by Stanley Earl Corbett, Jr. (Attachment: # 1 Envelope) (Blankenship, T.) (Entered: 08/24/2011)

Aug. 24, 2011

Aug. 24, 2011

33

Summons Returned Unexecuted as to Sgt. Reed. (McDowell, G.) (Entered: 09/28/2011)

Sept. 27, 2011

Sept. 27, 2011

34

ORDER − denying 21 Motion for Summary Judgment to allow supplementation; granting in part and denying in part 32 Motion to Compel; Video tapes must be provided by 2/24/2012. Defendants will be given until 3/2/2012, to file any additional motions they deem appropriate, and plaintiff shall have until 3/26/2012 to file his response. Furthermore, the court DIRECTS the US Marshal to attempt to effect personal service on defendant Reed at the address provided under seal. Signed by US District Judge Terrence W. Boyle on 2/14/2012. Copy mailed to plaintiff. (McDowell, G.) (Entered: 02/14/2012)

Feb. 14, 2012

Feb. 14, 2012

35

MOTION to Appoint Counsel by Stanley Earl Corbett, Jr. (Attachments: # 1 Affidavit in Support, # 2 Envelope) (Indig, A.) (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

36

RESPONSE to Order re 34 Order on Motion to Compel, Order on Motion for Summary Judgment filed by G. J. Branker, Officer Hicks, Officer Holloman, Officer James, Officer Lancaster, Sgt. Prado, Sgt. Reed. (Attachments: # 1 Affidavit Lt. J. Panter) (Harper, Lisa) (Entered: 02/24/2012)

Feb. 24, 2012

Feb. 24, 2012

37

Plaintiff's Response re 36 Response filed by Stanley Earl Corbett, Jr. (Attachments: # 1 Affidavit of Stanley Earl Corbett, Jr., # 2 Envelope) (Indig, A.) (Entered: 03/12/2012)

March 12, 2012

March 12, 2012

38

Summons Returned Unexecuted as to Sgt. Reed. (Blankenship, T.) (Entered: 04/18/2012)

April 17, 2012

April 17, 2012

Motion Submitted to Staff Counsel regarding 35 MOTION to Appoint Counsel. (Blankenship, T.) (Entered: 04/18/2012)

April 18, 2012

April 18, 2012

39

Plaintiff's Second MOTION for an Order Compelling Discovery by Stanley Earl Corbett, Jr. (Attachment: # 1 Envelope) (Indig, A.) (Entered: 04/20/2012)

April 20, 2012

April 20, 2012

40

ORDER − GRANTING 35 Motion to Appoint Counsel and appoints North Carolina Prisoner Legal Services as counsel for plaintiff. DENYING 39 Motion for Discovery. The Clerk is DIRECTED to enter a scheduling order. Sergeant Reed is DISMISSED from this suit. Signed by District Judge Terrence W. Boyle on 8/13/2012. Copies sent via US Mail. (Indig, A.) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

41

SCHEDULING ORDER: Motions due by 10/15/2012. Signed by Magistrate Judge William A. Webb on 8/14/2012. Copy sent to plaintiff via US Mail. (Indig, A.) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

42

NOTICE of Appearance by David A. Strauss on behalf of Stanley Earl Corbett, Jr. (Strauss, David) (Entered: 09/07/2012)

Sept. 7, 2012

Sept. 7, 2012

43

Consent MOTION for Discovery after appointment of NCPLS by Stanley Earl Corbett, Jr. (Attachments: # 1 Text of Proposed Order) (Strauss, David) (Entered: 09/07/2012)

Sept. 7, 2012

Sept. 7, 2012

44

ORDER granting 43 consent motion for discovery after appointment of NCPLS. The parties have up to and including December 6, 2012, to engage in discovery and all motions of any nature shall be filed by January 7, 2013. Signed by Magistrate Judge William A. Webb on 9/13/2012. (Castania, M.) (Entered: 09/13/2012)

Sept. 13, 2012

Sept. 13, 2012

45

NOTICE of Appearance by Benjamin S. Finholt on behalf of Stanley Earl Corbett, Jr. (Finholt, Benjamin) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

47

Notice of Substitution of Counsel by Scott Bartley Goodson on behalf of G. J. Branker, Officer Hicks, Officer Holloman, Officer James, Officer Lancaster, Sgt. Prado substituting for Lisa Y. Harper (Goodson, Scott) (Entered: 10/24/2012)

Oct. 24, 2012

Oct. 24, 2012

48

MOTION for Summary Judgment by G. J. Branker, Officer Hicks, Officer Holloman, Officer James, Officer Lancaster, Sgt. Prado. (Goodson, Scott) (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

49

Memorandum in Support regarding 48 MOTION for Summary Judgment filed by G. J. Branker, Officer Hicks, Officer Holloman, Officer James, Officer Lancaster, Sgt. Prado. (Attachments: # 1 Affidavit Affidavit of Michael A. Munns) (Goodson, Scott) (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

50

First MOTION for Extension of Time to File Response/Reply as to 48 MOTION for Summary Judgment by Stanley Earl Corbett, Jr. (Attachments: # 1 Text of Proposed Order) (Strauss, David) (Entered: 01/03/2013)

Jan. 3, 2013

Jan. 3, 2013

51

First MOTION for Extension of Time to Complete Discovery by Stanley Earl Corbett, Jr. (Attachments: # 1 Text of Proposed Order) (Strauss, David) (Entered: 01/03/2013)

Jan. 3, 2013

Jan. 3, 2013

52

MOTION for Protective Order by G. J. Branker, Officer Hicks, Officer Holloman, Officer James, Officer Lancaster, Sgt. Prado. (Goodson, Scott) (Entered: 01/03/2013)

Jan. 3, 2013

Jan. 3, 2013

53

Memorandum in Support regarding 52 MOTION for Protective Order filed by G. J. Branker, Officer Hicks, Officer Holloman, Officer James, Officer Lancaster, Sgt. Prado. (Attachments: # 1 Exhibit Email exchange supporting Plaintiff's misrepresentation to the Court re: Consent to Plaintiff's Motion for Dicovery Period Extension) (Goodson, Scott) (Entered: 01/03/2013)

Jan. 3, 2013

Jan. 3, 2013

54

First MOTION to Amend/Correct 51 First MOTION for Extension of Time to Complete Discovery CORRECTED MOTION by Stanley Earl Corbett, Jr. (Attachments: # 1 Text of Proposed Order) (Strauss, David) (Entered: 01/03/2013)

Jan. 3, 2013

Jan. 3, 2013

55

RESPONSE in Opposition regarding 54 First MOTION to Amend/Correct 51 First MOTION for Extension of Time to Complete Discovery Corrected Motion filed by G. J. Branker, Officer Hicks, Officer Holloman, Officer James, Officer Lancaster, Sgt. Prado. (Goodson, Scott) (Entered: 01/03/2013)

Jan. 3, 2013

Jan. 3, 2013

Motions Submitted to Staff Counsel as to 52 MOTION for Protective Order , 50 First MOTION for Extension of Time to File Response as to 48 MOTION for Summary Judgment, 54 First MOTION to Correct 51 First MOTION for Extension of Time to Complete Discovery Corrected Motion and 51 First MOTION for Extension of Time to Complete Discovery. (Indig, A.) (Entered: 01/04/2013)

Jan. 4, 2013

Jan. 4, 2013

56

RESPONSE in Opposition regarding 48 MOTION for Summary Judgment filed by Stanley Earl Corbett, Jr. (Attachments: # 1 Affidavit Exhibit A Affidavit of Stanley Corbett, # 2 Exhibit Exhibit B Final Incident Report, # 3 Exhibit Exhibit C Initial Incident Report) (Strauss, David) (Entered: 01/08/2013)

Jan. 8, 2013

Jan. 8, 2013

57

ORDER − GRANTING 54 Motion for an Extension of Time to Complete Discovery up to and including 3/4/2013. Signed by District Judge Terrence W. Boyle on 1/10/2013. (Indig, A.) (Entered: 01/10/2013)

Jan. 10, 2013

Jan. 10, 2013

58

PRO SE MOTION to Withdraw Appointed Counsel by Stanley Earl Corbett, Jr. (Attachments: # 1 Declaration in Support, # 2 Exhibits in Support, # 3 Envelope) (Blankenship, T.) (Entered: 01/14/2013)

Jan. 14, 2013

Jan. 14, 2013

59

PRO SE MOTION to Withdraw regarding 58 MOTION to Withdraw Appointed Counsel by Stanley Earl Corbett, Jr. (Attachment: # 1 Envelope) (Blankenship, T.) (Entered: 01/17/2013)

Jan. 17, 2013

Jan. 17, 2013

Motions Submitted to Staff Counsel regarding 58 MOTION to Withdraw Appointed Counsel and 59 MOTION to Withdraw regarding 58 MOTION to

Jan. 17, 2013

Jan. 17, 2013

61

NOTICE of Appearance by Elizabeth Guild Simpson on behalf of Stanley Earl Corbett, Jr. (Simpson, Elizabeth) Modified on 1/18/2013 (Fogle, L.). (Entered: 01/17/2013)

Jan. 17, 2013

Jan. 17, 2013

62

MOTION for Leave to Appear as Student Practitioner by Stanley Earl Corbett, Jr. (Attachments: # 1 Exhibit A −− Supervising Attorney Certification, # 2 Exhibit B −− Dean's Certification of Law Students, # 3 Text of Proposed Order) (Simpson, Elizabeth) (Entered: 01/24/2013)

Jan. 24, 2013

Jan. 24, 2013

Motion Submitted to Staff Counsel as to 62 MOTION for Leave to Appear as Student Practitioner. (Indig, A.) (Entered: 01/24/2013)

Jan. 24, 2013

Jan. 24, 2013

Motion Submitted to Staff Counsel: 60 MOTION to Withdraw 49 Memorandum in Support, 48 MOTION for Summary Judgment. (McDowell, G.) (Entered: 02/01/2013)

Feb. 1, 2013

Feb. 1, 2013

63

Joint MOTION for Protective Order by G. J. Branker, Officer Hicks, Officer Holloman, Officer James, Officer Lancaster, Sgt. Prado. (Attachments: # 1 Text of Proposed Order) (Goodson, Scott) (Entered: 02/11/2013)

Feb. 11, 2013

Feb. 11, 2013

64

DISCOVERY PROTECTIVE ORDER. Signed by District Judge Terrence W. Boyle on 2/11/2013. (Indig, A.) (Entered: 02/12/2013)

Feb. 12, 2013

Feb. 12, 2013

65

Third MOTION for Summary Judgment by G. J. Branker, Officer Hicks, Officer Holloman, Officer James, Officer Lancaster, Sgt. Prado. (Goodson, Scott) (Entered: 03/15/2013)

March 15, 2013

March 15, 2013

66

Memorandum in Support regarding 65 Third MOTION for Summary Judgment filed by G. J. Branker, Officer Hicks, Officer Holloman, Officer James, Officer Lancaster, Sgt. Prado. (Attachments: # 1 Index to Exhibits Regarding: Defendants' Third Motion for Summary Judgment, # 2 Exhibit A−Affidavit of Melanie Lancaster, # 3 Exhibit B−Affidavit of Doyle Holloman, # 4 Exhibit C−Affidavit of Mildred Prado, # 5 Exhibit D−Affidavit of Timmie Hicks, # 6 Exhibit E−Affidavit of Virgil Hilton, RN, # 7 Exhibit F−Affidavit of Harold Clayburn, # 8 Exhibit G−Affidavit of Thurman Warren, Jr., # 9 Exhibit H−Affidavit of Michael Munns, # 10 Exhibit I−Affidavit of Joshua Panter, # 11 Exhibit J−Affidavit of Randy Willey, # 12 Exhibit K−Affidavit of Joshua Allen, # 13 Exhibit L−Affidavit of Samuel James, # 14 Exhibit M−Deposition of Melanie Lancaster, # 15 Exhibit N−Deposition of Samuel James, # 16 Exhibit O−Defendants' Objections and Responses to Plaintiff's First Set of Interrogatories,Requests for Admissions and Requests for Production of Documents, # 17 Exhibit P−Plaintiff's Answers to Defendants' First Requests for Admissions to Plaintiff, # 18 Exhibit Q−Plaintiff's Rule 26(f) Disclosures, # 19 Exhibit R−Defendants' Initial Rule 26(f) Disclosures, # 20 Exhibit S−Defendants' Supplemental 26(f) Disclosures) (Goodson, Scott) (Entered: 03/15/2013)

March 15, 2013

March 15, 2013

67

RESPONSE in Opposition regarding 65 Third MOTION for Summary Judgment filed by Stanley Earl Corbett, Jr. (Attachments: # 1 Exhibit Ex A −− Corbett Affidavit, # 2 Exhibit Ex B −− Panter Affidavit, # 3 Exhibit Ex C −− Cooper Affidavit, # 4 Exhibit Ex D −− Robinson Affidavit, # 5 Exhibit Ex E −− Lancaster Deposition, # 6 Exhibit Ex F −− Munns Deposition, # 7 Exhibit Ex G −− Panter Deposition, # 8 Exhibit Ex H −− James Deposition) (Simpson, Elizabeth) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

68

MOTION for Leave to File an Amended Complaint by Stanley Earl Corbett, Jr. (Attachments: # 1 Text of Proposed Order) (Simpson, Elizabeth) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

69

Memorandum in Support regarding 68 MOTION for Leave to File an Amended Complaint filed by Stanley Earl Corbett, Jr. (Attachments: # 1 Proposed Amended Complaint, # 2 Exhibit A −− Munns Deposition, # 3 Exhibit B −− Panter Deposition) (Simpson, Elizabeth) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

71

RESPONSE in Opposition regarding 68 MOTION for Leave to File an Amended Complaint filed by G. J. Branker, Officer Hicks, Officer Holloman, Officer James, Officer Lancaster, Sgt. Prado. (Goodson, Scott) (Entered: 04/18/2013)

April 18, 2013

April 18, 2013

72

REPLY to Response to Motion regarding 68 MOTION for Leave to File an Amended Complaint filed by Stanley Earl Corbett, Jr. (Strauss, David) (Entered: 04/30/2013)

April 30, 2013

April 30, 2013

73

ORDER − granting 68 Motion for Leave to File an Amended Complaint. Signed by US District Judge Terrence W. Boyle on 4/30/2013. (McDowell, G.) (Entered: 05/01/2013)

May 1, 2013

May 1, 2013

74

AMENDED COMPLAINT against All Defendants, filed by Stanley Earl Corbett, Jr. (Attachments: # 1 Exhibit A Munns Depo, # 2 Exhibit B Panter Depo, # 3 Summonses to be issued) (Strauss, David) (Entered: 05/01/2013)

May 1, 2013

May 1, 2013

NOTICE OF DEFICIENCY regarding: 74 Amended Complaint. All parties listed on the complaint were not added to the docket. Attorney must add all the parties that are not currently listed in this action. (Indig, A.) (Entered: 05/01/2013)

May 1, 2013

May 1, 2013

75

AMENDED COMPLAINT Adding missing parties to the docket against All Defendants, filed by Stanley Earl Corbett, Jr. (Attachments: # 1 Exhibit A Munns Depo, # 2 Exhibit B Panter Depo, # 3 Summonses to be issued) (Strauss, David) (Entered: 05/01/2013)

May 1, 2013

May 1, 2013

NOTICE OF CORRECTION regarding: 74 Amended Complaint, 75 Amended Complaint − Counsel is noticed on abbreviations. Abbreviations of descriptions such as Ex. are not acceptable in the docket text. QCS clerk has corrected these abbreviations. Not necessary to re−file. (Fogle, L.) (Entered: 05/01/2013)

May 1, 2013

May 1, 2013

76

NOTICE of Appearance by David A. Strauss on behalf of John Davis, Haseem Everett, Samuel McCrae, Jerome Peters, Billy Joe Riddle, Chardan Whitehead, Tijuan Wilson. (Strauss, David) (Entered: 05/02/2013)

May 2, 2013

May 2, 2013

77

Summons Issued as to Officer Alexander, Officer Bidwell, Marcel Colleymore, Officer Hunt, Kenneth Lassiter, Officer Lassiter, Arthur Marsh, Officer Moore, Ben Morgan, Michael Norris, Officer Oates, Officer Press, Brent Soucier, Officer Summerlin, Officer Tyson and Jared Welch. (Indig, A.) (Entered: 05/02/2013)

May 2, 2013

May 2, 2013

78

NOTICE of Appearance by Elizabeth Guild Simpson on behalf of John Davis, Haseem Everett, Samuel McCrae, Jerome Peters, Billy Joe Riddle, Chardan Whitehead, Tijuan Wilson. (Simpson, Elizabeth) (Entered: 05/02/2013)

May 2, 2013

May 2, 2013

79

MOTION for Extension of Time to File Answer regarding 75 Amended Complaint by G. J. Branker, Officer Hicks, Officer Holloman, Officer James, Officer Lancaster, Sgt. Prado. (Attachments: # 1 Text of Proposed Order Granting Consent Extension of Time to Answer or Otherwise Respond) (Goodson, Scott) (Entered: 05/02/2013)

May 2, 2013

May 2, 2013

80

ORDER − granting 62 Motion for Leave to Appear as Student Practitioner. Signed by US District Judge Terrence W. Boyle on 5/2/2013. (McDowell, G.) (Entered: 05/03/2013)

May 3, 2013

May 3, 2013

82

ORDER granting 79 Motion for Extension of Time to Answer regarding 75 Amended Complaint G. J. Branker answer due 6/29/2013; Officer Hicks answer due 6/29/2013; Officer Holloman answer due 6/29/2013; Officer James answer due 6/29/2013; Officer Lancaster answer due 6/29/2013 and Sgt. Prado answer due 6/29/2013. Signed by Julie A. Richards, Clerk of Court on 05/07/2013. (Blankenship, T.) (Entered: 05/07/2013)

May 7, 2013

May 7, 2013

83

MOTION for Preliminary Injunction by Stanley Earl Corbett, Jr, John Davis, Haseem Everett, Samuel McCrae, Jerome Peters, Billy Joe Riddle, Chardan Whitehead, Tijuan Wilson. (Attachments: # 1 Text of Proposed Order Granting Preliminary Injunction) (Simpson, Elizabeth) (Entered: 05/14/2013)

May 14, 2013

May 14, 2013

84

Memorandum in Support regarding 83 MOTION for Preliminary Injunction filed by Stanley Earl Corbett, Jr, John Davis, Haseem Everett, Samuel McCrae, Jerome Peters, Billy Joe Riddle, Chardan Whitehead, Tijuan Wilson. (Attachments: # 1 Exhibit A −− First Corbett Declaration, # 2 Exhibit B −− Photographs of Unit One, # 3 Exhibit C −− Panter Deposition, # 4 Exhibit D −− Munns Deposition, # 5 Exhibit E −− Second Corbett Declaration, # 6 Exhibit F −− First Whitehead Declaration, # 7 Exhibit G −− Wilson Declaration, # 8 Exhibit H −− McCrae Declaration, # 9 Exhibit I −− Riddle Declaration, # 10 Exhibit J −− First Davis Declaration, # 11 Exhibit K −− First Everett Declaration, # 12 Exhibit L −− Peters Declaration, # 13 Exhibit M −− Boston article, # 14 Exhibit N −− Jackson article, # 15 Exhibit O −− Oklahoma City article, # 16 Exhibit P −− Second Davis Declaration, # 17 Exhibit Q −− Second Everett Declaration, # 18 Exhibit R −− Second Whitehead Declaration) (Simpson, Elizabeth) (Entered: 05/14/2013)

May 14, 2013

May 14, 2013

85

MOTION for Hearing regarding 84 Memorandum in Support 83 MOTION for Preliminary Injunction by Stanley Earl Corbett, Jr., John Davis, Haseem Everett, Samuel McCrae, Jerome Peters, Billy Joe Riddle, Chardan Whitehead, Tijuan Wilson. (Attachments: # 1 Text of Proposed Order Setting Hearing Date) (Simpson, Elizabeth) (Entered: 05/14/2013)

May 14, 2013

May 14, 2013

Motions Submitted to Staff Counsel regarding 83 MOTION for Preliminary Injunction and 85 MOTION for Hearing regarding 84 Memorandum in Support and 83 MOTION for Preliminary Injunction . (Blankenship, T.) (Entered: 05/15/2013)

May 15, 2013

May 15, 2013

86

MOTION for Extension of Time to File Answer regarding 75 Amended Complaint by Officer Alexander, Marcel Colleymore, Kenneth Lassiter, Officer Lassiter, Arthur Marsh, Michael Norris, Officer Oates, Brent Soucier, Officer Summerlin, Officer Tyson, Jared Welch. (Attachments: # 1 Text of Proposed Order Granting Extension of Time to Answer or Otherwise Respond) (Goodson, Scott) (Entered: 05/15/2013)

May 15, 2013

May 15, 2013

Motion Submitted to Staff Counsel regarding 86 MOTION for Extension of Time to File Answer regarding 75 Amended Complaint . (Blankenship, T.) (Entered: 05/15/2013)

May 15, 2013

May 15, 2013

87

NOTICE of Appearance by Peter Andrew Regulski on behalf of G. J. Branker, Officer Hicks, Officer Holloman, Officer James, Officer Lancaster, Sgt. Prado (Regulski, Peter) (Entered: 05/15/2013)

May 15, 2013

May 15, 2013

88

NOTICE of Appearance by Jodi Harrison on behalf of G. J. Branker, Officer Hicks, Officer Holloman, Officer James, Officer Lancaster, Sgt. Prado. (Harrison, Jodi) (Entered: 05/16/2013)

May 16, 2013

May 16, 2013

89

ORDER − GRANTING 86 Motion for Extension of Time to Answer. Officer Alexander answer due 6/29/2013; Marcel Colleymore answer due 6/29/2013; Kenneth Lassiter answer due 6/29/2013; Officer Lassiter answer due 6/29/2013; Arthur Marsh answer due 6/29/2013; Michael Norris answer due 6/29/2013; Officer Oates answer due 6/29/2013; Brent Soucier answer due 6/29/2013; Officer Summerlin answer due 6/29/2013; Officer Tyson answer due 6/29/2013; Jared Welch answer due 6/29/2013. Signed by Julie A. Richards, Clerk of Court on 5/16/2013. (Indig, A.) (Entered: 05/16/2013)

May 16, 2013

May 16, 2013

90

AMENDED SCHEDULING ORDER: Discovery due by 8/30/2013. Motions due by 9/30/2013. Signed by Magistrate Judge James E. Gates on 5/22/2013. (Indig, A.) (Entered: 05/23/2013)

May 23, 2013

May 23, 2013

91

MOTION for Extension of Time to File Response/Reply as to 85 MOTION for Hearing regarding 84 Memorandum in Support, 83 MOTION for Preliminary Injunction , 83 MOTION for Preliminary Injunction by Officer Alexander, G. J. Branker, Marcel Colleymore, Officer Hicks, Officer Holloman, Officer Hunt, Officer James, Officer Lancaster, Kenneth Lassiter, Officer Lassiter, Arthur Marsh, Michael Norris, Officer Oates, Sgt. Prado, Brent Soucier, Officer Summerlin, Officer Tyson, Jared Welch. (Attachments: # 1 Exhibit Regarding: Request for Enlargment of Time, # 2 Text of Proposed Order) (Regulski, Peter) (Entered: 05/23/2013)

May 23, 2013

May 23, 2013

92

RESPONSE in Opposition regarding 91 MOTION for Extension of Time to File Response/Reply as to 85 MOTION for Hearing regarding 84 Memorandum in Support, 83 MOTION for Preliminary Injunction , 83 MOTION for Preliminary Injunction filed by Stanley Earl Corbett, Jr, John Davis, Haseem Everett, Samuel McCrae, Jerome Peters, Billy Joe Riddle, Chardan Whitehead, Tijuan Wilson. (Simpson, Elizabeth) (Entered: 05/23/2013)

May 23, 2013

May 23, 2013

Motion referred to US Magistrate Judge James E. Gates: 91 MOTION for Extension of Time to File Response as to 85 MOTION for Hearing regarding 84 Memorandum in Support of 83 MOTION for Preliminary Injunction and 83 MOTION for Preliminary Injunction. (McDowell, G.) (Entered: 05/23/2013)

May 23, 2013

May 23, 2013

93

ORDER − GRANTING 91 Motion for Extension of Time to File Response regarding 85 MOTION for Hearing and 83 MOTION for Preliminary Injunction. Responses due by 6/29/2031. Signed by Magistrate Judge James E. Gates on 6/3/2013. (Indig, A.) (Entered: 06/03/2013)

June 3, 2013

June 3, 2013

Case Details

State / Territory: North Carolina

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 26, 2010

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Eight North Carolina prisoners

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of North Carolina (Wake), State

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Conditions of confinement

Excessive force

Restraints : physical

Type of Facility:

Government-run