Case: Prieto v. Clarke

1:12-cv-01199 | U.S. District Court for the Eastern District of Virginia

Filed Date: Oct. 24, 2012

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On October 24, 2012, a prisoner on death row at Sussex I State Prison ("SISP") in Waverly, Virginia, filed a lawsuit in the Eastern District of Virginia under 42 U.S.C. §1983, against the director, deputy director and warden at SISP. The plaintiff, represented by private counsel, asked the court for declaratory relief, claiming that the conditions of his confinement and the restrictive visitation policy of the prison violated the Eighth Amendment's Cruel and Unusual Punishment Clause, Due Proce…

On October 24, 2012, a prisoner on death row at Sussex I State Prison ("SISP") in Waverly, Virginia, filed a lawsuit in the Eastern District of Virginia under 42 U.S.C. §1983, against the director, deputy director and warden at SISP. The plaintiff, represented by private counsel, asked the court for declaratory relief, claiming that the conditions of his confinement and the restrictive visitation policy of the prison violated the Eighth Amendment's Cruel and Unusual Punishment Clause, Due Process, and the VDOC rules and regulations.

On November 2, 2012, Judge Leonie M. Brinkema dismissed the claim on the prison's visitation policy for failure to state a claim. The plaintiff appealed this decision, but the 4th Circuit dismissed the appeal on February 6, 2013, for failure to prosecute pursuant to Local Rule 45.

On January 25, 2013, the defendants moved for summary judgment, which Judge Brinkema denied on February 20, 2013.

Subsequently, both parties moved for summary judgment. On November 12, 2013, Judge Brinkema granted the plaintiff's motion for summary judgment and denied the Defendant's motion for summary judgment. 2013 WL 6019215. In the opinion, Judge Brinkema gave the State two options going forward: (1) provide the plaintiff with an individualized classification determination using procedures that are the same or substantially similar to the procedures used for all non-capital offenders, or (2) vary the basic conditions of confinement on death row, if only slightly, such that confinement there would no longer impose an atypical and significant hardship on the plaintiff. The State appealed this decision and moved to stay the order pending appeal. Judge Brinkema denied this motion on January 10, 2014. On December 13, 2013, Judge Brinkema ordered the State to pay attorney's fees and costs totaling $165,395.99.

On March 10, 2015, the Fourth Circuit reversed both the injunctive order and the order granting fees. In an opinion by Judge Diana Motz, joined by Judge Shedd, the Court of Appeals held that the state procedure requiring all capital offenders to be housed on death row was constitutional. Although conditions were harsh, the Court said, the plaintiff had no entitlement to anything more -- and therefore no due-process-protected liberty interest in avoiding the harsh conditions. Judge Wynn dissented: Under Wilkinson v. Austin, 545 U.S. 209 (2005), he said, the plaintiff did indeed have a liberty interest and was therefore entitled to individualized process prior to confinement in the solitary conditions of Virginia's death row. 780 F.3d 245.

The Fourth Circuit denied a request for a rehearing en banc on Apr. 7, 2015. The case is now closed.

Summary Authors

Jessica Kincaid (2/10/2014)

Virginia Weeks (3/15/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4536015/parties/prieto-v-clarke/


Judge(s)

Brinkema, Leonie M. (Virginia)

Davis, Ivan D. (Virginia)

Motz, Diana Jane Gribbon (Maryland)

Wynn, James Andrew Jr. (North Carolina)

Attorneys(s) for Plaintiff

Qureshi, Abid Riaz (District of Columbia)

Attorneys(s) for Defendant

Dwyre, Kate Elizabeth (Virginia)

Vorhis, Richard Carson (Virginia)

Judge(s)

Brinkema, Leonie M. (Virginia)

Davis, Ivan D. (Virginia)

Motz, Diana Jane Gribbon (Maryland)

Wynn, James Andrew Jr. (North Carolina)

Attorneys(s) for Plaintiff

Qureshi, Abid Riaz (District of Columbia)

Attorneys(s) for Defendant

Dwyre, Kate Elizabeth (Virginia)

Vorhis, Richard Carson (Virginia)

Documents in the Clearinghouse

Document

Docket [PACER]

June 12, 2017 Docket
3

Memorandum Opinion and Order

Nov. 2, 2012 Order/Opinion
3

Memorandum Opinion and Order

Nov. 2, 2012 Order/Opinion
40

Order (Dismissing Proceeding for Failure to Prosecute Pursuant to Local Rule 45)

Feb. 6, 2013 Order/Opinion
43

Complaint Under Civil Rights Act 42 U.S.C.

Feb. 15, 2013 Complaint
44

Order (Denying Without Prejudice Defendants' Motion for Summary Judgment)

Feb. 20, 2013 Order/Opinion
44

Order

Feb. 20, 2013 Order/Opinion
92

Order

Nov. 12, 2013 Order/Opinion
91

Memorandum Opinion

2013 WL 6019215

Nov. 12, 2013 Order/Opinion
93

Judgment

Nov. 13, 2013 Order/Opinion

Resources

Title Description External URL

Prieto v. Clarke

ACLU Virginia

All Virginia offenders who are sentenced to death are assigned to solitary confinement for the remainder of their lives or until their sentence is overturned. Typically, inmates serve at least six ye… Sept. 30, 2015 https://acluva.org/en/cases/prieto-v-clarke

Prieto v. Clarke

Constitutional Accountability Center

Prieto was one of just eight inmates out of the 39,000 in the custody of the Virginia Department of Corrections who had been permanently assigned to solitary confinement. As a result of that assignme… Oct. 13, 2015 https://www.theusconstitution.org/litigation/prieto-v-clarke-u-s-sup-ct/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4536015/prieto-v-clarke/

Last updated May 20, 2022, 3:17 a.m.

ECF Number Description Date Link
1

COMPLAINT against Harold C. Clarke, E. Pearson, A. David Robinson, filed by Alfredo Prieto. (Attachments: # 1 Attachment 1, # 2 Attachment 2)(rban, ) (Additional attachment(s) added on 10/25/2012: # 3 Envelope, # 4 Letter, # 5 Report Prisoner Data) (rban, ). (Entered: 10/25/2012)

Oct. 24, 2012 PACER
2

MOTION for Leave to Proceed in forma pauperis by Alfredo Prieto. (rban, ) (Entered: 10/25/2012)

Oct. 24, 2012 PACER
3

MEMORANDUM OPINION AND ORDER. Accordingly, it is hereby Ordered that plaintiffs claim regarding Sussex I State Prisons visitation policy be and is DISMISSED WITH PREJUDICE for failure to state a claim, pursuant to 28 U.S.C. § 1915A(b)(1); and it is further ORDERED that plaintiff's request to proceed in forma pauperis is conditionally granted to the extent that plaintiff need not prepay the filing fee at this time. Plaintiff is directed to sign and return the attached Consent Form within thirty (30) days from the date of this Order. If the Court grants plaintiff in forma pauperis status, he will be required to pay the filing fee in installments after first paying an initial filing fee; and it is further ORDERED that the Clerk request plaintiff's institution to provide an Inmate Account Report Form on plaintiff within thirty (30) days of the date of this Order; and it is further ORDERED that plaintiff's failure to comply with any part of this Order within THIRTY (30) DAYS FROM THE DATE OF THIS ORDER, or failure to notify this Court immediately in the event he is transferred, released, or otherwise relocated, may result in the dismissal of this complaint pursuant to Fed.R.Civ.P.41(b). (See Order For Details). Signed by District Judge Leonie M. Brinkema on 11/2/12. (nhal) (Entered: 11/05/2012)

Nov. 2, 2012 PACER
4

Prisoner Trust Fund Account Statement by Sussex I State Prison. (nhall) (Entered: 11/15/2012)

Nov. 14, 2012 PACER
5

Prisoner Payment: $ 100.00, receipt number 14683032312. (Attachments: # 1 Letter) (nhall) (Entered: 11/20/2012)

1 Letter

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Nov. 19, 2012 PACER
6

Consent to Collection of Fees by Alfredo Prieto. (nhall) (Entered: 11/26/2012)

Nov. 23, 2012 PACER
7

ORDER. Accordingly, it is hereby ORDERED that plaintiff's application to proceed in forma pauperis (Docket #2) be and is GRANTED; and it is further ORDERED that the petition be and is FILED in forma pauperis and it is further ORDERED that plaintiff's failure to notify the Court immediately in the event he is transferred, released, or otherwise relocated, may result in the dismissal of this complaint pursuant to Fed. R. Civ. P. 41(b). (See Order For Details). Signed by District Judge Leonie M. Brinkema on 11/26/12. (nhall) (Entered: 11/27/2012)

Nov. 26, 2012 PACER
8

NOTICE Of Mailing Notice Of Lawsuit and Request For Waiver Of Service Of Summons To Defendants by Harold C. Clarke, E. Pearson, A. David Robinson. (nhall) (Entered: 11/27/2012)

Nov. 26, 2012 PACER
9

Consent to Collection of Fees by Alfredo Prieto. (Attachments: # 1 Letter)(nhall) (Entered: 11/27/2012)

1 Letter

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Nov. 27, 2012 PACER
10

NOTICE OF APPEAL as to 3 Order,,,,, by Alfredo Prieto. Appeal Fee Not Paid. Copy Mailed To Plaintiff. (Attachments: # 1 Letter)(nhall) (Entered: 11/27/2012)

1 Letter

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Nov. 27, 2012 PACER
11

Transmission of Notice of Appeal to US Court of Appeals re 10 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (nhall) (Entered: 11/27/2012)

Nov. 27, 2012 PACER
12

USCA Case Number 12-8025 4th Circuit, Case Manager P. Stump for 10 Notice of Appeal filed by Alfredo Prieto. (nhall) (Entered: 12/03/2012)

Nov. 29, 2012 PACER
13

Letter To Court From USCA, please transmit the record to this office. (nhall) (Entered: 12/03/2012)

Nov. 29, 2012 PACER
14

Prisoner Payment: $42.04, receipt number 14683032682. (nhall) (Entered: 12/10/2012)

Dec. 7, 2012 PACER
15

NOTICE of Appearance by Abid Riaz Qureshi on behalf of Alfredo Prieto (Qureshi, Abid) (Entered: 12/10/2012)

Dec. 10, 2012 PACER
17

PRISONER PAYMENT: $ 100.00, receipt number 14683032969 (Attachments: # 1 Cover Letter) (pmil) (Entered: 12/27/2012)

1 Cover Letter

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Dec. 19, 2012 PACER
16

PRISONER PAYMENT: $ 9.45, receipt number 14683033001 (Attachments: # 1 Voucher) (pmil) (Entered: 12/27/2012)

1 Voucher

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Dec. 21, 2012 PACER
18

WAIVER OF SERVICE Returned Executed Harold C. Clarke waiver sent on 11/27/2012, answer due 1/28/2013. (Attachments: # 1 Letter)(rban, ) (Entered: 12/31/2012)

1 Letter

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Dec. 31, 2012 PACER
19

NOTICE of Appearance by Richard Carson Vorhis on behalf of Harold C. Clarke, E. Pearson, A. David Robinson (Vorhis, Richard) (Entered: 01/02/2013)

Jan. 2, 2013 PACER
20

Rule 45 Notice To The Plaintiff From USCA re 10 Notice of Appeal. (nhall) (Entered: 01/10/2013)

Jan. 9, 2013 PACER
21

Prisoner Payment: $50.00, receipt number 14683033445. (nhall) (Entered: 01/16/2013)

Jan. 14, 2013 PACER
22

NOTICE of Appearance by Kate Elizabeth Dwyre on behalf of Harold C. Clarke, E. Pearson, A. David Robinson (Dwyre, Kate) (Entered: 01/25/2013)

Jan. 25, 2013 PACER
23

ANSWER to Complaint by Harold C. Clarke, E. Pearson, A. David Robinson.(Dwyre, Kate) (Entered: 01/25/2013)

Jan. 25, 2013 PACER
24

MOTION for Summary Judgment by Harold C. Clarke, E. Pearson, A. David Robinson. (Dwyre, Kate) (Entered: 01/25/2013)

Jan. 25, 2013 PACER
25

Memorandum in Support re 24 MOTION for Summary Judgment filed by Harold C. Clarke, E. Pearson, A. David Robinson. (Attachments: # 1 Affidavit of Eddie L. Pearson)(Dwyre, Kate) (Entered: 01/25/2013)

1 Affidavit of Eddie L. Pearson

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Jan. 25, 2013 PACER
26

Motion to appear Pro Hac Vice by Anne Hanson and Certification of Local Counsel Abid R. Qureshi Filing fee $ 75, receipt number 0422-3376106. by Alfredo Prieto. (Qureshi, Abid) (Entered: 01/29/2013)

Jan. 29, 2013 PACER
27

Motion to appear Pro Hac Vice by Michael Bern and Certification of Local Counsel Abid R. Qureshi Filing fee $ 75, receipt number 0422-3376122. by Alfredo Prieto. (Qureshi, Abid) (Entered: 01/29/2013)

Jan. 29, 2013 PACER
28

Motion to appear Pro Hac Vice by Katherine Gigliotti and Certification of Local Counsel Abid R. Qureshi Filing fee $ 75, receipt number 0422-3376123. by Alfredo Prieto. (Qureshi, Abid) (Entered: 01/29/2013)

Jan. 29, 2013 PACER
29

Motion to appear Pro Hac Vice by Daniel Levy and Certification of Local Counsel Abid R. Qureshi Filing fee $ 75, receipt number 0422-3377355. by Alfredo Prieto. (Qureshi, Abid) (Entered: 01/30/2013)

Jan. 30, 2013 PACER
30

Notice of Hearing Date set for March 1, 2013 re 24 MOTION for Summary Judgment (Dwyre, Kate) (Entered: 01/30/2013)

Jan. 30, 2013 PACER
31

ORDER granting 26 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 1/30/13. (nhall) (Entered: 01/31/2013)

Jan. 30, 2013 PACER
32

ORDER granting 27 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 1/30/13. (nhall) (Entered: 01/31/2013)

Jan. 30, 2013 PACER
33

ORDER granting 28 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 1/30/13. (nhall) (Entered: 01/31/2013)

Jan. 30, 2013 PACER
34

ORDER granting 29 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 1/31/13. (nhall) (Entered: 01/31/2013)

Jan. 31, 2013 PACER
35

NOTICE by Harold C. Clarke, E. Pearson, A. David Robinson re 25 Memorandum in Support (Attachments: # 1 Affidavit Eddie L. Pearson)(Dwyre, Kate) (Entered: 02/01/2013)

1 Affidavit Eddie L. Pearson

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Feb. 1, 2013 PACER
36

Prisoner Payment: $ 33.50, receipt number 14683033796. (nhall) (Entered: 02/04/2013)

Feb. 1, 2013 PACER
37

MOTION to Redact re 1 Complaint, (Unopposed) by Alfredo Prieto. (Qureshi, Abid) (Entered: 02/05/2013)

Feb. 5, 2013 PACER
38

Memorandum in Support re 37 MOTION to Redact re 1 Complaint, (Unopposed) filed by Alfredo Prieto. (Qureshi, Abid) (Entered: 02/05/2013)

Feb. 5, 2013 PACER
40

ORDER of USCA as to 10 Notice of Appeal filed by Alfredo Prieto. The court dismisses this proceeding for failure to prosecute pursuant to Local Rule 45. (nhall) (Entered: 02/08/2013)

Feb. 6, 2013 PACER
41

USCA Mandate re 10 Notice of Appeal. This court's order dismissing this appeal pursuant to Local Rule 45 takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (nhall) (Entered: 02/08/2013)

Feb. 6, 2013 PACER
39

ORDER, it is ORDERED, ADJUDGED AND DECREED as follows: For the reasons set forth in the accompanying supporting Memorandum, Plaintiff's Unopposed Motion {Dkt. No 37] for an Order allowing Plaintiff to redact the personal information of his family from the record in the above-captioned matter is granted and Plaintiff is directed to refile his Complaint with the aforementioned information redacted by Friday, February 15, 2013, and it is further ORDERED that the unredacted complaint and attachments be sealed immediately. Signed by District Judge Leonie M. Brinkema on 2/7/13. (nhall) (Entered: 02/08/2013)

Feb. 7, 2013 PACER
42

Memorandum in Opposition re 24 MOTION for Summary Judgment and Requesting Discovery Pursuant to Fed. R. Civ. P. 56(d) filed by Alfredo Prieto. (Attachments: # 1 Declaration of Michael Bern, # 2 Declaration of Alfredo Prieto)(Qureshi, Abid) (Entered: 02/08/2013)

1 Declaration of Michael Bern

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2 Declaration of Alfredo Prieto

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Feb. 8, 2013 PACER
43

REDACTED COMPLAINT against Harold C. Clarke, E. Pearson, A. David Robinson, filed by Alfredo Prieto. (Attachments: # 1 Attachment 1 Part 1, # 2 Attachment 1 Part 2, # 3 Attachment 2, # 4 Certificate of Service, # 5 Letter, # 6 Report, # 7 Letter, # 8 Envelope)(nhall) (Entered: 02/20/2013)

1 Attachment 1 Part 1

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2 Attachment 1 Part 2

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3 Attachment 2

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4 Certificate of Service

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5 Letter

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6 Report

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7 Letter

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8 Envelope

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Feb. 15, 2013 PACER
44

ORDER denying without prejudice 24 Motion for Summary Judgment; that a Scheduling Order be issued forthwith. Signed by District Judge Leonie M. Brinkema on 2/20/2013. (rban, ) (Entered: 02/20/2013)

Feb. 20, 2013 PACER
45

SCHEDULING ORDER:Initial Pretrial Conference set for 3/6/2013 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Ivan D. Davis. Final Pretrial Conference set for 7/18/2013 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. Discovery due by 7/12/2013. Signed by District Judge Leonie M. Brinkema on 2/20/2013. (Attachments: # 1 Magistrate Consent, # 2 Pretrial Notice)(rban, ) (Entered: 02/20/2013)

1 Magistrate Consent

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2 Pretrial Notice

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Feb. 20, 2013 PACER
46

Discovery Plan by Harold C. Clarke, E. Pearson, Alfredo Prieto, A. David Robinson.(Qureshi, Abid) (Entered: 02/27/2013)

Feb. 27, 2013 PACER
47

Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Proposed Joint Discovery Plan filed by the parties is approved and shall control discovery to the extent of its application unless further modified by the court. (See Order For Details). Signed by Magistrate Judge Ivan D. Davis on 2/28/13. (nhall) (Entered: 03/01/2013)

Feb. 28, 2013 PACER
48

Prisoner Payment: $ 10.00, receipt number 14683034442. (nhall) (Entered: 03/04/2013)

Feb. 28, 2013 PACER
49

PLRA Filing fee received: $ 10.80, receipt number 14683035021. (rban, ) (Entered: 03/26/2013)

March 26, 2013 PACER
50

PRISONER PAYMENT: $ 10.80, receipt number 14683035747 (pmil) (Entered: 04/30/2013)

April 26, 2013 PACER
51

MOTION to Compel Photography During Inspection by Alfredo Prieto. (Attachments: # 1 Proposed Order)(Qureshi, Abid) (Entered: 05/03/2013)

1 Proposed Order

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May 3, 2013 PACER
52

Memorandum in Support re 51 MOTION to Compel Photography During Inspection filed by Alfredo Prieto. (Attachments: # 1 Declaration of Katherine Gigliotti, # 2 Exhibit A-1 to Gigliotti Declaration, # 3 Exhibit A-2 to Gigliotti Declaration, # 4 Exhibit A-3 to Gigliotti Declaration, # 5 Exhibit A-4 to Gigliotti Declaration, # 6 Exhibit A-5 to Gigliotti Declaration, # 7 Exhibit A-6 to Gigliotti Declaration, # 8 Exhibit A-7 to Gigliotti Declaration, # 9 Exhibit A-8 to Gigliotti Declaration, # 10 Exhibit A-9 to Gigliotti Declaration)(Qureshi, Abid) (Entered: 05/03/2013)

1 Declaration of Katherine Gigliotti

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2 Exhibit A-1 to Gigliotti Declaration

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3 Exhibit A-2 to Gigliotti Declaration

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4 Exhibit A-3 to Gigliotti Declaration

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5 Exhibit A-4 to Gigliotti Declaration

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6 Exhibit A-5 to Gigliotti Declaration

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7 Exhibit A-6 to Gigliotti Declaration

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8 Exhibit A-7 to Gigliotti Declaration

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9 Exhibit A-8 to Gigliotti Declaration

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10 Exhibit A-9 to Gigliotti Declaration

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May 3, 2013 PACER
53

Notice of Hearing Date set for 5/10/2013 re 51 MOTION to Compel Photography During Inspection (Qureshi, Abid) (Entered: 05/03/2013)

May 3, 2013 PACER
54

Reply to Motion re 51 MOTION to Compel Photography During Inspection filed by Harold C. Clarke, E. Pearson, A. David Robinson. (Dwyre, Kate) (Entered: 05/06/2013)

May 6, 2013 PACER
55

REPLY to Response to Motion re 51 MOTION to Compel Photography During Inspection filed by Alfredo Prieto. (Qureshi, Abid) (Entered: 05/07/2013)

May 7, 2013 PACER
56

Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 5/10/2013. Appearance of counsel. Pltf's 51 MOTION to Compel Photography During Inspection is argued and GRANTED. Pltf exhibit #1 booklet filed in open court.(order to follow) (Court Reporter A. Thomson.)(yguy) Modified on 5/10/2013 (yguy). (Entered: 05/10/2013)

May 10, 2013 PACER
57

ORDER: For the reasons stated in open court, it is hereby ORDERED that the plaintiff's Motion to Compel Photography During Inspection [Dkt. No. 51] be and is GRANTED. Signed by District Judge Leonie M. Brinkema on 5/10/13. (yguy) (Entered: 05/10/2013)

May 10, 2013 PACER
58

TRANSCRIPT of proceedings held on 5/10/2013, before Judge Brinkema, Court Reporter Anneliese Thomson, Telephone number 703-299-8595. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/10/2013. Redacted Transcript Deadline set for 7/11/2013. Release of Transcript Restriction set for 8/9/2013.(thomson, anneliese) (Entered: 05/11/2013)

May 11, 2013 PACER
59

Prisoner Payment: $ 10.80, receipt number 14683036246. (nhall) (Entered: 05/22/2013)

May 21, 2013 PACER
60

Prisoner Payment: $20.80, receipt number 14683036944. (nhall) (Entered: 06/24/2013)

June 21, 2013 PACER
61

Joint MOTION for Protective Order Containing a Provision for Filing Documents Under Seal by Alfredo Prieto. (Attachments: # 1 Exhibit 1 - Proposed Protective Order)(Qureshi, Abid) (Entered: 07/12/2013)

1 Exhibit 1 - Proposed Protective Order

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July 12, 2013 PACER
62

Memorandum in Support re 61 Joint MOTION for Protective Order Containing a Provision for Filing Documents Under Seal filed by Alfredo Prieto. (Attachments: # 1 Exhibit 1 - Confidentiality Agreement)(Qureshi, Abid) (Entered: 07/12/2013)

1 Exhibit 1 - Confidentiality Agreement

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July 12, 2013 PACER
63

NOTICE by Alfredo Prieto re 61 Joint MOTION for Protective Order Containing a Provision for Filing Documents Under Seal of Waiver of Oral Argument (Qureshi, Abid) (Entered: 07/15/2013)

July 15, 2013 PACER
72

PROTECTIVE ORDER re: handling and labeling of confidential material. (See Order For Details). Signed by District Judge Leonie M. Brinkema on 7/16/13. (nhall) (Entered: 07/18/2013)

July 16, 2013 PACER
64

Exhibit List by Harold C. Clarke, E. Pearson, A. David Robinson.. (Attachments: # 1 Operating Procedure Number 830.2, # 2 Department of Corrections SISP Institutional Rules & Regulations)(Dwyre, Kate) (Entered: 07/17/2013)

1 Operating Procedure Number 830.2

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2 Department of Corrections SISP Institutional Rules & Regulations

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July 17, 2013 PACER
65

Witness List by Harold C. Clarke, E. Pearson, A. David Robinson. (Dwyre, Kate) (Entered: 07/17/2013)

July 17, 2013 PACER
66

Statement of Undisputed Facts by Harold C. Clarke, E. Pearson, A. David Robinson. (Dwyre, Kate) (Entered: 07/17/2013)

July 17, 2013 PACER
67

MOTION to Seal Information Designated as Confidential by Alfredo Prieto. (Attachments: # 1 Proposed Order)(Qureshi, Abid) (Entered: 07/17/2013)

1 Proposed Order

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July 17, 2013 PACER
68

Memorandum in Support re 67 MOTION to Seal Information Designated as Confidential filed by Alfredo Prieto. (Attachments: # 1 Exhibit 1 - Confidentiality Agreement)(Qureshi, Abid) (Entered: 07/17/2013)

1 Exhibit 1 - Confidentiality Agreement

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July 17, 2013 PACER
69

Rule 26 Disclosure by Alfredo Prieto. (Attachments: # 1 Exhibit A - Exhibit List, # 2 Exhibit B - Witness List, # 3 Exhibit C - Statement of Uncontested Facts (Submitted for Filing Under Seal))(Qureshi, Abid) (Entered: 07/17/2013)

1 Exhibit A - Exhibit List

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2 Exhibit B - Witness List

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3 Exhibit C - Statement of Uncontested Facts (Submitted for Filing Under Seal)

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July 17, 2013 PACER
70

ORDER. It is therefore, ORDERED that Plaintiff's Motion, and the same hereby is, GRANTED; and it is further ORDERED that the designated information shall be SEALED pursuant to Local Civil Rule 5 and shall remained SEALED until further Order of the Court. (See Order For Details). Signed by District Judge Leonie M. Brinkema on 7/17/13. (nhall) (Entered: 07/18/2013)

July 17, 2013 PACER
71

Sealed Document re 69 Rule 26 Disclosure. (nhall) (Entered: 07/18/2013)

July 17, 2013 PACER
73

Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Final Pretrial Conference held on 7/18/2013. All parties appeared by telephone conference. Exhibits/Witness lists have been filed & exchanged. Trial date not set at this time. Summary Judgment Motion Hearing set for 9/6/2013 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (Court Reporter A. Thomson.)(yguy) (Entered: 07/18/2013)

July 18, 2013 PACER
78

Sealed Document re 75 Memorandum in Support,,,. (Attachments: # 1 Exhibit 10, # 2 Exhibit 11, # 3 Exhibit 17, # 4 Exhibit 18, # 5 Exhibit 20, # 6 Exhibit 21, # 7 Exhibit 22, # 8 Exhibit 23, # 9 Exhibit 24, # 10 Exhibit 25, # 11 Exhibit 26, # 12 Exhibit 27, # 13 Exhibit 28, # 14 Exhibit 30)(nhall) (Entered: 07/19/2013)

July 18, 2013 PACER
74

MOTION for Summary Judgment by Alfredo Prieto. (Attachments: # 1 Proposed Order)(Qureshi, Abid) (Entered: 07/18/2013)

1 Proposed Order

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July 18, 2013 PACER
75

Memorandum in Support re 74 MOTION for Summary Judgment (Redacted) filed by Alfredo Prieto. (Attachments: # 1 Declaration of Daniel Levy, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37)(Qureshi, Abid) (Entered: 07/18/2013)

1 Declaration of Daniel Levy

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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17 Exhibit 16

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18 Exhibit 17

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19 Exhibit 18

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20 Exhibit 19

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21 Exhibit 20

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22 Exhibit 21

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23 Exhibit 22

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24 Exhibit 23

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25 Exhibit 24

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26 Exhibit 25

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27 Exhibit 26

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28 Exhibit 27

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29 Exhibit 28

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30 Exhibit 29

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31 Exhibit 30

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32 Exhibit 31

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33 Exhibit 32

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34 Exhibit 33

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35 Exhibit 34

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36 Exhibit 35

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37 Exhibit 36

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38 Exhibit 37

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July 18, 2013 PACER
76

Notice of Hearing Date re 74 MOTION for Summary Judgment (Qureshi, Abid) (Entered: 07/18/2013)

July 18, 2013 PACER
77

Redacted Document to 71 Sealed Document (Exhibit C to Rule 26(a)(3) Disclosures) by Alfredo Prieto. (Qureshi, Abid) (Entered: 07/19/2013)

July 19, 2013 PACER
79

MOTION for Summary Judgment by Harold C. Clarke, E. Pearson, A. David Robinson. (Dwyre, Kate) (Entered: 07/26/2013)

July 26, 2013 PACER
80

Memorandum in Support re 79 MOTION for Summary Judgment filed by Harold C. Clarke, E. Pearson, A. David Robinson. (Attachments: # 1 Exhibit 1 - Affidavit of Keith W. Davis, # 2 Exhibit 2 - Excerpts from the deposition of Harold W. Clarke, # 3 Exhibit 3 - Excerpts from the deposition of A. David Robinson, # 4 Exhibit 4 - Excerpts from the deposition of Keith Davis)(Dwyre, Kate) (Entered: 07/26/2013)

1 Exhibit 1 - Affidavit of Keith W. Davis

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2 Exhibit 2 - Excerpts from the deposition of Harold W. Clarke

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3 Exhibit 3 - Excerpts from the deposition of A. David Robinson

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4 Exhibit 4 - Excerpts from the deposition of Keith Davis

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July 26, 2013 PACER
81

RESPONSE to Motion re 74 MOTION for Summary Judgment filed by Harold C. Clarke, E. Pearson, A. David Robinson. (Attachments: # 1 Exhibit 1 - Affidavit of Keith W. Davis, # 2 Exhibit 2 - Deposition Excerpts of Harold W. Clarke, # 3 Exhibit 3 -Deposition Excerpts of Arnold David Robinson, # 4 Exhibit 4 - Deposition Excerpts of Keith Davis, # 5 Exhibit 5 - Deposition Excerpts of James Parks)(Dwyre, Kate) (Entered: 08/01/2013)

1 Exhibit 1 - Affidavit of Keith W. Davis

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2 Exhibit 2 - Deposition Excerpts of Harold W. Clarke

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3 Exhibit 3 -Deposition Excerpts of Arnold David Robinson

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4 Exhibit 4 - Deposition Excerpts of Keith Davis

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5 Exhibit 5 - Deposition Excerpts of James Parks

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Aug. 1, 2013 PACER
82

REPLY to Response to Motion re 74 MOTION for Summary Judgment filed by Alfredo Prieto. (Attachments: # 1 Declaration of Daniel Levy, # 2 Exhibit 38, # 3 Exhibit 39, # 4 Exhibit 40, # 5 Exhibit 41, # 6 Exhibit 42)(Qureshi, Abid) (Entered: 08/08/2013)

1 Declaration of Daniel Levy

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2 Exhibit 38

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3 Exhibit 39

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4 Exhibit 40

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5 Exhibit 41

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6 Exhibit 42

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Aug. 8, 2013 PACER
83

RESPONSE in Opposition re 79 MOTION for Summary Judgment filed by Alfredo Prieto. (Attachments: # 1 Declaration of Daniel Levy, # 2 Exhibit 43, # 3 Exhibit 44, # 4 Exhibit 45, # 5 Exhibit 46, # 6 Exhibit 47, # 7 Exhibit 48, # 8 Exhibit 49, # 9 Exhibit 50, # 10 Exhibit 51)(Qureshi, Abid) (Entered: 08/09/2013)

1 Declaration of Daniel Levy

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2 Exhibit 43

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3 Exhibit 44

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4 Exhibit 45

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5 Exhibit 46

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6 Exhibit 47

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7 Exhibit 48

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8 Exhibit 49

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9 Exhibit 50

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10 Exhibit 51

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Aug. 9, 2013 PACER
84

Sealed Document EXHIBIT 51 re 83 Response in Opposition to Motion,. (klau, ) (Entered: 08/12/2013)

Aug. 9, 2013 PACER
85

Reply to 83 Response in Opposition to Motion, filed by Harold C. Clarke, E. Pearson, A. David Robinson. (Vorhis, Richard) (Entered: 08/12/2013)

Aug. 12, 2013 PACER
86

Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 9/6/2013. Appearance of counsel. Pltf's 74 MOTION for Summary Judgment and defts' 79 MOTION for Summary Judgment were argued and TAKEN UNDER ADVISEMENT. (Court Reporter A. Thomson.)(yguy) (Entered: 09/06/2013)

Sept. 6, 2013 PACER
87

NOTICE by Alfredo Prieto of Filing Deposition Transcripts (Attachments: # 1 Exhibit A - Deposition of Harold W. Clarke, # 2 Exhibit B - Deposition of James Parks)(Qureshi, Abid) (Entered: 09/06/2013)

1 Exhibit A - Deposition of Harold W. Clarke

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2 Exhibit B - Deposition of James Parks

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Sept. 6, 2013 PACER
88

Letter for Clarification of Status of Post-Conviction Proceedings. (Qureshi, Abid) (Entered: 09/09/2013)

Sept. 9, 2013 PACER
89

Letter of Status. (Vorhis, Richard) (Entered: 09/12/2013)

Sept. 12, 2013 PACER
90

TRANSCRIPT of proceedings held on 9/6/2013, before Judge Brinkema, Court Reporter Anneliese Thomson, Telephone number 703-299-8595. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 10/21/2013. Redacted Transcript Deadline set for 11/20/2013. Release of Transcript Restriction set for 12/19/2013.(thomson, anneliese) (Entered: 09/20/2013)

Sept. 20, 2013 PACER
91

MEMORANDUM OPINION re: 74 MOTION for Summary Judgment by Alfredo Prieto, 79 MOTION for Summary Judgment by Harold C. Clarke, E. Pearson, A. David Robinson. (See Memorandum Opinion For Details). Signed by District Judge Leonie M. Brinkema on 11/12/13. (nhall) (Entered: 11/13/2013)

Nov. 12, 2013 RECAP
92

ORDER for the reasons stated in the accompanying Memorandum Opinion, granting 74 Motion for Summary Judgment; denying 79 Motion for Summary Judgment and it is hereby ORDERED that judgment be ans is entered in favor of plaintiff. (See Order For Details). Signed by District Judge Leonie M. Brinkema on 11/12/13. (nhall) (Entered: 11/13/2013)

Nov. 12, 2013 PACER
93

CLERK'S JUDGMENT in favor of the Plaintiff, Alfredo Prieto and against the Defendants, Harold C. Clarke, A. David Robinson and E. Pearson. (Entered by Clerk pursuant to FRCP 58). (nhall) (Entered: 11/13/2013)

Nov. 13, 2013 PACER
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MOTION for Attorney Fees by Alfredo Prieto. (Attachments: # 1 Proposed Order)(Qureshi, Abid) (Entered: 11/25/2013)

1 Proposed Order

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Nov. 25, 2013 PACER
95

Memorandum in Support re 94 MOTION for Attorney Fees filed by Alfredo Prieto. (Attachments: # 1 Declaration of Abid Qureshi, # 2 Attachemnt 1 to Declaration of Abid Qureshi, # 3 Attachemnt 2 to Declaration of Abid Qureshi, # 4 Attachemnt 3 to Declaration of Abid Qureshi)(Qureshi, Abid) (Entered: 11/25/2013)

1 Declaration of Abid Qureshi

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2 Attachemnt 1 to Declaration of Abid Qureshi

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3 Attachemnt 2 to Declaration of Abid Qureshi

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4 Attachemnt 3 to Declaration of Abid Qureshi

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Nov. 25, 2013 PACER
96

Notice of Hearing Date set for 12/20/2013 re 94 MOTION for Attorney Fees (Qureshi, Abid) (Entered: 11/25/2013)

Nov. 25, 2013 PACER
97

ORDER. Accordingly, it is hereby ORDERED that the hearing on plaintiff's Petition for Attorneys' Fees and Costs [Dkt. No. 94] be and is advanced to 10:00 a.m. on Thursday, December 19, 2013. (See Order For Details). Reset Deadlines as to 94 MOTION for Attorney Fees. Motion Hearing set for 12/19/2013 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. Signed by District Judge Leonie M. Brinkema on 11/26/13. (nhall) (Entered: 11/27/2013)

Nov. 26, 2013 PACER
98

Response to 94 MOTION for Attorney Fees filed by Harold C. Clarke, E. Pearson, A. David Robinson. (Dwyre, Kate) (Entered: 12/12/2013)

Dec. 12, 2013 PACER
100

NOTICE OF APPEAL as to 91 Memorandum Opinion, 92 Order on Motion for Summary Judgment, by Harold C. Clarke, E. Pearson, A. David Robinson. Filing fee $ 505, receipt number 14683040680. (Attachments: # 1 Receipt)(nhall) (Additional attachment(s) added on 12/18/2013: # 2 Letter, # 3 Letter) (nhall). (Entered: 12/18/2013)

1 Receipt

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2 Letter

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3 Letter

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Dec. 12, 2013 PACER
99

ORDER granting 94 Motion for Attorney Fees, and it is hereby ORDERED that plaintiff is entitled to attorneys' fees in the amount of $151,734.39 and costs in the amount of $13,661.60 for a total award of $165,395.99; and it is further ORDERED that the hearing scheduled for Thursday, December 19, 2013, be and is CANCELLED. (See Order For Details). Signed by District Judge Leonie M. Brinkema on 12/13/13. (nhall) (Entered: 12/16/2013)

Dec. 13, 2013 PACER

State / Territory: Virginia

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 24, 2012

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Death row prisoner in Virginia

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Virginia Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Classification / placement

Conditions of confinement

Disciplinary segregation

Grievance Procedures

Recreation / Exercise

Visiting

Type of Facility:

Government-run