Case: Hayden v. Keller

5:10-ct-03123 | U.S. District Court for the Eastern District of North Carolina

Filed Date: July 15, 2010

Closed Date: Jan. 22, 2019

Clearinghouse coding complete

Case Summary

On July 15, 2010, a person serving a life sentence for crimes committed as a juvenile filed this lawsuit on behalf of himself against the North Carolina Post-Release Supervision and Parole Commission ("the Parole Commission") in the U.S. District Court for the Eastern District of North Carolina. The case was assigned to District Judge Terrence W. Boyle. The initial complaint was unclear, and Judge Boyle ordered the plaintiff to clarify whether the case should proceed as a petition for writ of h…

On July 15, 2010, a person serving a life sentence for crimes committed as a juvenile filed this lawsuit on behalf of himself against the North Carolina Post-Release Supervision and Parole Commission ("the Parole Commission") in the U.S. District Court for the Eastern District of North Carolina. The case was assigned to District Judge Terrence W. Boyle. The initial complaint was unclear, and Judge Boyle ordered the plaintiff to clarify whether the case should proceed as a petition for writ of habeas corpus. The original case, brought under 42 U.S.C. § 1983, was dismissed without prejudice, and the case was to be continued under habeas corpus pursuant to 28 U.S.C. § 2241.

The court directed that North Carolina Prisoner Legal Services (NCPLS) represent the plaintiff. The plaintiff then filed an amended complaint against the Parole Commission under 42 U.S.C. § 1983. The plaintiff had become eligible for parole in 2002, after serving a term of twenty years, and alleged that the defendant failed to offer him a meaningful opportunity for parole in violation of the Eighth and Fourteenth Amendments. He sought declaratory and injunctive relief.

On Sept. 11, 2013, Judge Boyle authorized the filing of this complaint and dismissed the habeas corpus petition.

On Nov. 3, 2014, the defendant and the plaintiff both moved for summary judgment. On Sept. 25, 2015, in a written opinion, Judge Boyle denied the defendant’s motion for summary judgment and granted in part and denied without prejudice in part the plaintiff's motion for summary judgment, concluding that the parole review process employed by the Parole Commission for offenders convicted as juveniles and serving life sentences violated the Eighth Amendment.

Judge Boyle cited the Supreme Court's decision in Graham v. Florida, 560 U.S. 48 (2010), which addressed the issue of parole for juvenile offenders sentenced to life imprisonment. In a 6-3 opinion by Justice Kennedy, the Court had held that, when juveniles are sentenced to life imprisonment, the Constitution requires that they be granted a meaningful opportunity for parole based on, and with the opportunity to demonstrate, maturity and rehabilitation.

On Oct. 21, 2015, the defendant filed an interlocutory appeal of the Sept. 25, 2015, order to the U.S. Court of Appeals for the Fourth Circuit, and the district court entered a stay pending the Fourth Circuit's resolution of the appeal. The Fourth Circuit dismissed the appeal on the grounds that the court's order was not a final order.

The district court then lifted the stay and ordered that the parties had sixty days to present a "plan for the means and mechanism of compliance with the mandates of Graham to provide a meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation to juvenile offenders convicted as adults." Hayden v. Keller, 134 F.Supp.3d 1000, 1011 (E.D.N.C. 2015).

The parties did not reach agreement on a plan, and on Oct. 24, 2016, each party filed its respective proposed plans.

Meanwhile, another inmate serving a life sentence with parole for an offense committed as a juvenile in the North Carolina prison system had moved to intervene as a plaintiff, but his motion was denied on July 5, 2017.

On Nov. 2, 2017, the court granted the plaintiff's request for injunctive relief and adopted the defendant's proposed plan. The plan proposed a number of new hearing and pre- and post-hearing procedures, including (i) providing the eligible offenders with written notice at least 180 days in advance of any parole review hearing; (ii) a guaranteed 30-minute meeting slot for the offender's family members, advocates, attorneys, or other witnesses, to address one or more members of the Parole Commission in person; (iii) permitting the eligible offender to submit a written personal explanation of the circumstances of the underlying offense, or any other materials documenting his or her maturity, rehabilitation, and suitability for parole; and (iv) permitting the eligible offender to appear via videoconference before the commissioner(s) during the review hearing, among other changes. The court directed the defendant to implement its proposed plan within ninety days.

On December 1, 2017, the defendant appealed the following judgments to the U.S. Court of Appeals for the Fourth Circuit: the order granting the plaintiff’s motion for summary judgment and the order granting the plaintiff’s request for injunctive relief. (Appeal case number 17-7582). On the same day, the defendant moved to stay proceedings pending appeal.

On Jan. 8, 2018, the plaintiff's motion to stay ruling on his motion for costs, attorneys' fees, and related expenses was granted. The defendant's motion to stay the proceedings was denied, and the court gave the defendant until Mar. 30, 2018, to implement the proposed plan. The clerk was also directed to substitute Willis J. Fowler as a defendant in place of Paul Butler, Jr.

On March 12, 2018 the plaintiff and the defendant jointly filed a motion to extend the deadline for the defendant to comply with the injunction for 120 days, until July 28, 2018. On March 19, 2018, this motion was granted, and Judge Boyle directed the defendant to implement the proposed plan by July 28, 2018. In addition, the court ordered the defendant to give juvenile offenders whose parole review is scheduled before July 28, 2018, the option to (1) go forward with their parole review as scheduled under the old procedures, (2) reschedule their parole review to a time when the new procedures are in effect, or (3) to proceed twice: once as scheduled under the old procedures and again after the new procedures go into effect.

On March 22, 2018, the U.S. Court of Appeals for the Fourth Circuit ordered the case dismissed upon voluntary dismissal.

Back in the District Court, on January 17, 2019, the parties filed a consent motion for attorneys’ fees and related expenses. On January 22, 2019, Judge Boyle granted the consent motion and awarded costs in the amount of $62,000 to plaintiff’s attorneys. The case is now closed.

Summary Authors

Gloria Han (2/14/2017)

Elizabeth Greiter (1/19/2018)

Sichun Liu (1/18/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6365386/parties/hayden-v-keller/


Judge(s)

Boyle, Terrence William (North Carolina)

Attorney for Plaintiff

Finholt, Benjamin S. (North Carolina)

Attorney for Defendant

Cooper, Roy (North Carolina)

Dismukes, Leslie Cooley (North Carolina)

Finarelli, Joseph (North Carolina)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

5:10-ct-03123

Docket [PACER]

Jan. 22, 2019

Jan. 22, 2019

Docket
1

5:10-ct-03123

Original Complaint

Hayden v. Keller et al

July 15, 2010

July 15, 2010

Complaint
83

5:10-ct-03123

Defendant's Proposed Plan in Response to 25 September 2016 Order

Hayden v. Butler

July 15, 2010

July 15, 2010

Pleading / Motion / Brief
7

5:10-ct-03123

Order to Dismiss

March 12, 2012

March 12, 2012

Order/Opinion
10

5:10-ct-02272

First Amended Complaint

Hayden v. Butler

Sept. 11, 2013

Sept. 11, 2013

Complaint
9

5:10-ct-03123

Order to Reopen

Sept. 11, 2013

Sept. 11, 2013

Order/Opinion
58

5:10-ct-03123

Order

Sept. 25, 2015

Sept. 25, 2015

Order/Opinion

134 F.Supp.3d 134

69

15-07676

Appeal from U.S. District Court for E.D.N.C.

U.S. Court of Appeals for the Fourth Circuit

Aug. 1, 2016

Aug. 1, 2016

Order/Opinion

667 Fed.Appx. 667

96

5:10-ct-03123

Order

Nov. 2, 2017

Nov. 2, 2017

Order/Opinion
25

5:10-ct-03123

17-07582

Order

Hayden v. Fowler

U.S. Court of Appeals for the Fourth Circuit

March 22, 2018

March 22, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6365386/hayden-v-keller/

Last updated April 8, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Alvin W. Keller, Robert C. Lewis, Anthony E. Rand, filed by Shaun Antonio Hayden. (Attachments: # 1 Exhibits, # 2 Envelope) (Indig, A.) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

Clearinghouse
2

MOTION for Leave to Proceed in forma pauperis by Shaun Antonio Hayden. (Indig, A.) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
3

ORDER Directing Monthly Payments be made from Prison Account of Shaun Antonio Hayden. Signed by Clerk of Court on 7/15/2010. (Indig, A.) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER

Filing Fee Received

Nov. 19, 2010

Nov. 19, 2010

PACER

Filing fee: $ 18.00, receipt number RAL016303. (McDowell, G.)

Nov. 19, 2010

Nov. 19, 2010

PACER

Filing Fee Received

March 17, 2011

March 17, 2011

PACER

Filing fee: $ 5.00, receipt number RAL018240. (Indig, A.)

March 17, 2011

March 17, 2011

PACER
4

ORDER - the clerk is DIRECTED to provide the 28 U.S.C. § 2241 form along with this order to plaintiff. If plaintiff wishes to convert this action into a habeas action, he must provide the $5.00 filing fee and return the § 2241 forms within 21 days of the filing of this order. Signed by District Judge Terrence W. Boyle on 4/12/2011. (Indig, A.) (Entered: 04/13/2011)

April 13, 2011

April 13, 2011

PACER
5

RESPONSE to Order re 4 Order, filed by Shaun Antonio Hayden. (Attachments: # 1 Documents in Support, # 2 Documents in Support, # 3 Envelope) (Taylor, B.) (Entered: 05/05/2011)

May 3, 2011

May 3, 2011

PACER

Filing Fee Received

May 16, 2011

May 16, 2011

PACER

Filing fee: $ 15.00, receipt number RAL019292. (McDowell, G.)

May 16, 2011

May 16, 2011

PACER

Filing Fee Received

July 22, 2011

July 22, 2011

PACER

Filing fee: $ 5.00, receipt number RAL020384. (Indig, A.)

July 22, 2011

July 22, 2011

PACER
6

NOTICE of Change of Address by Shaun Antonio Hayden. (Attachment: # 1 Envelope) (Indig, A.) (Entered: 07/27/2011)

July 27, 2011

July 27, 2011

PACER

Filing Fee Received

Nov. 2, 2011

Nov. 2, 2011

PACER

Filing fee: $ 5.00, receipt number RAL022206. (McDowell, G.)

Nov. 2, 2011

Nov. 2, 2011

PACER
7

ORDER - the filing fee order 3 requiring $350.00 is VACATED and the monies collected, with the exception ofthe $5.00 filing fee for this case, shall be returned to plaintiff. Furthermore, this case is dismissed without prejudice, and in its place the Clerk is DIRECTED to open a case in habeas with a filing date of July 15, 2010. The Clerk is to continue management of the action. Signed by District Judge Terrence W. Boyle on 3/9/2012. Copy sent to plaintiff via US Mail. (Indig, A.) (Entered: 03/12/2012)

March 12, 2012

March 12, 2012

Clearinghouse
8

CLERK'S JUDGMENT - that this action is hereby dismissed without prejudice. Signed by Julie A. Richards, Clerk of Court on 3/13/2012. Copy to plaintiff with notice of appellate rights sent via US Mail. (Indig, A.) (Entered: 03/13/2012)

March 13, 2012

March 13, 2012

PACER
9

ORDER - The civil rights action, Hayden v. Keller, No. 5:10-CT-3123-BO, which had been closed, is re-opened, and all future filings, including the notice of summons filed on September 10, 2013, shall be filed in the § 1983 case. Signed by US District Judge Terrence W. Boyle on 9/10/2013. (McDowell, G.) (Entered: 09/11/2013)

Sept. 11, 2013

Sept. 11, 2013

Clearinghouse
10

AMENDED COMPLAINT against Paul G. Butler, Jr. filed by Shaun Antonio Hayden. (Attachment: # 1 Proposed Summons) (McDowell, G.) (Entered: 09/11/2013)

Sept. 11, 2013

Sept. 11, 2013

PACER
11

Summons Issued as to Paul G. Butler, Jr. (McDowell, G.) (Entered: 09/11/2013)

Sept. 11, 2013

Sept. 11, 2013

PACER
12

AFFIDAVIT of Service for Summons & Complaint served on Paul G Butler on 09/12/13, filed by Shaun Antonio Hayden. (Attachments: # 1 Exhibit A -- Proof of Service) (Simpson, Elizabeth) (Entered: 09/16/2013)

Sept. 16, 2013

Sept. 16, 2013

PACER
13

NOTICE of Appearance by Mary Sheehan Pollard on behalf of All Plaintiffs. (Pollard, Mary) (Entered: 09/16/2013)

Sept. 16, 2013

Sept. 16, 2013

PACER
14

MOTION for Extension of Time to File Answer regarding 10 Amended Complaint by Paul G. Butler, Jr. (Attachments: # 1 Text of Proposed Order) (Harrison, Jodi) (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

PACER
15

Proposed Order regarding 14 MOTION for Extension of Time to File Answer regarding 10 Amended Complaint filed by Paul G. Butler, Jr. (Harrison, Jodi) (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

PACER
16

ORDER granting 14 Motion for Extension of Time to Answer regarding 10 Amended Complaint Paul G. Butler, Jr. answer due 11/2/2013. Signed by Julie A. Richards, Clerk of Court on 10/15/2013. (Blankenship, T.) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

PACER
17

ANSWER to 10 Amended Complaint by Paul G. Butler, Jr. (Harrison, Jodi) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

PACER
18

Rule 26(f) Report (joint) by Shaun Antonio Hayden. (Simpson, Elizabeth) (Entered: 11/21/2013)

Nov. 21, 2013

Nov. 21, 2013

PACER
19

Request for Discovery Stipulation. (McDowell, G.) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

PACER
20

MOTION to Compel by Shaun Antonio Hayden. (Attachments: # 1 Text of Proposed Order) (Simpson, Elizabeth) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER

Notice of Deficiency

April 9, 2014

April 9, 2014

PACER
21

Memorandum in Support regarding 20 MOTION to Compel filed by Shaun Antonio Hayden. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I) (Simpson, Elizabeth) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER

NOTICE OF DEFICIENCY regarding: 20 Motion to Compel. The incorrect case number is listed on the document. For future filings, please use the correct case number. (McDowell, G.)

April 9, 2014

April 9, 2014

PACER

Motion Submitted

May 7, 2014

May 7, 2014

PACER

Motion Submitted to District Judge Terrence W. Boyle: 20 MOTION to Compel Discovery. (Indig, A.)

May 7, 2014

May 7, 2014

PACER

Motion Referred

May 8, 2014

May 8, 2014

PACER

MOTION REFERRED to Magistrate Judge Robert B. Jones, Jr. as to: 20 MOTION to Compel Discovery. (Indig, A.)

May 8, 2014

May 8, 2014

PACER
22

NOTICE by Shaun Antonio Hayden regarding 20 MOTION to Compel, 21 Memorandum in Support. (Pollard, Mary) (Entered: 05/08/2014)

May 8, 2014

May 8, 2014

PACER

Notice of Deficiency

May 8, 2014

May 8, 2014

PACER

NOTICE OF DEFICIENCY regarding 22 Notice-(other). The incorrect event was used. Counsel is directed to refile this pleading under the correct event by using the event entitled Withdrawal of Motion. (Blankenship, T.)

May 8, 2014

May 8, 2014

PACER
23

WITHDRAWAL of Motion by Shaun Antonio Hayden. regarding 20 MOTION to Compel filed by Shaun Antonio Hayden . (Pollard, Mary) (Entered: 05/08/2014)

May 8, 2014

May 8, 2014

PACER
24

STIPULATION OF DISCOVERY by Paul G. Butler, Jr. (Harrison, Jodi) (Entered: 05/08/2014)

May 8, 2014

May 8, 2014

PACER
25

SCHEDULING ORDER: Discovery due by 8/21/2014. Motions due by 9/22/2014. Signed by Magistrate Judge Robert B. Jones, Jr. on 5/20/2014. Counsel is reminded to read the entire order for critical dates and deadlines. (Indig, A.) (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

Clearinghouse
26

Consent MOTION for Extension of Time to Complete Discovery by Shaun Antonio Hayden. (Attachments: # 1 Text of Proposed Order proposed order) (Pollard, Mary) (Entered: 07/21/2014)

July 21, 2014

July 21, 2014

PACER

Motion Referred

July 21, 2014

July 21, 2014

PACER

MOTION REFERRED to Magistrate Judge Robert B. Jones, Jr.: 26 Consent MOTION for Extension of Time to Complete Discovery. (Indig, A.)

July 21, 2014

July 21, 2014

PACER
27

ORDER - GRANTING 26 Motion for Extension of Time to Complete Discovery. The parties shall have up to and including August 21, 2014 to produce expert reports, and that the discovery period is extended through August 31, 2014. Signed by Magistrate Judge Robert B. Jones, Jr. on 7/22/2014. (Indig, A.) (Entered: 07/22/2014)

July 22, 2014

July 22, 2014

PACER
28

Joint MOTION for Extension of Time to File Dispositive Motions by Paul G. Butler, Jr. (Attachments: # 1 Text of Proposed Order) (Harrison, Jodi) (Entered: 09/17/2014)

Sept. 17, 2014

Sept. 17, 2014

PACER

Motion Referred

Sept. 17, 2014

Sept. 17, 2014

PACER

Motion referred to US Magistrate Judge Robert B. Jones, Jr. : 28 Joint MOTION for Extension of Time to File Dispositive Motions. (McDowell, G.)

Sept. 17, 2014

Sept. 17, 2014

PACER
29

ORDER - granting 28 Motion for Extension of Time; both parties are given until 11/3/2014 in which to file all motions. Signed by US Magistrate Judge Robert B. Jones, Jr. on 9/18/2014. (McDowell, G.) (Entered: 09/18/2014)

Sept. 18, 2014

Sept. 18, 2014

PACER
30

MOTION for Summary Judgment by Shaun Antonio Hayden. (Simpson, Elizabeth) (Entered: 11/03/2014)

Nov. 3, 2014

Nov. 3, 2014

PACER

Notice to Counsel

Nov. 3, 2014

Nov. 3, 2014

PACER
31

Memorandum in Support regarding 30 MOTION for Summary Judgment filed by Shaun Antonio Hayden. (Attachments: # 1 Exhibit A - Declaration of Shaun A. Hayden, # 2 Exhibit C - List of NC Parole Commissioners, # 3 Exhibit F - Expert Report of Gilbert Davis) (Simpson, Elizabeth) Modified on 11/3/2014 to correctly identify exhibits. (Indig, A.) (Entered: 11/03/2014)

Nov. 3, 2014

Nov. 3, 2014

PACER

Motion Referred

Nov. 3, 2014

Nov. 3, 2014

PACER
32

PROPOSED SEALED Exhibit (Selected Participants Only)by Shaun Hayden (available to: Defendant Paul G. Butler, Jr, Plaintiff Shaun Antonio Hayden) regarding 31 Memorandum in Support, 30 MOTION for Summary Judgment . (Attachments: # 1 Exhibit B, # 2 Exhibit D, # 3 Exhibit E, # 4 Exhibit G, # 5 Exhibit H) (Simpson, Elizabeth) (Entered: 11/03/2014)

Nov. 3, 2014

Nov. 3, 2014

PACER
33

MOTION to Seal 32 PROPOSED SEALED Exhibit, by Shaun Antonio Hayden. (Attachments: # 1 Text of Proposed Order) (Simpson, Elizabeth) (Entered: 11/03/2014)

Nov. 3, 2014

Nov. 3, 2014

PACER

NOTICE TO COUNSEL regarding: 31 Memorandum in Support. In accordance with the Administrative Policies and Procedures Manual Section L(2)(b) exhibits must be identified with a clear and complete description of the documents (e.g., Exhibit 1 is insufficient. Affidavit of Jane Doe would meet the requirement.) Docket Entry 31 has been corrected by the court. Counsel should correctly refile Docket Entry 32 following the naming convention requirements. (Indig, A.)

Nov. 3, 2014

Nov. 3, 2014

PACER
34

Second MOTION for Extension of Time to File Dispositive Motion by Paul G. Butler, Jr, Alvin W. Keller, Robert C. Lewis, Anthony E. Rand. (Attachments: # 1 Text of Proposed Order) (Harrison, Jodi) (Entered: 11/03/2014)

Nov. 3, 2014

Nov. 3, 2014

PACER

MOTION REFERRED to Magistrate Judge Robert B. Jones, Jr.: 34 Second MOTION for Extension of Time to File Dispositive Motion. (Indig, A.)

Nov. 3, 2014

Nov. 3, 2014

PACER
35

ORDER - GRANTING 34 Motion for Extension of Time. Defendant is given until November 10,2014, in which to file all motions of any nature, except those relating to the admissibility of evidence at trial. Signed by Magistrate Judge Robert B. Jones, Jr. on 11/4/2014. (Indig, A.) (Entered: 11/04/2014)

Nov. 4, 2014

Nov. 4, 2014

PACER
36

MOTION for Summary Judgment by Paul G. Butler, Jr., Alvin W. Keller, Robert C. Lewis, Anthony E. Rand. (Attachments: # 1 Exhibit Index, # 2 Exhibit A - Offender Information Report of Plaintiff, # 3 Exhibit B - Indictments, # 4 Exhibit C - Probable Cause Order, # 5 Exhibit D - Judgment & Commitment, # 6 Exhibit E - Newspaper Articles, # 7 Exhibit F - Deposition Excerpt, Stevens, # 8 Exhibit G - Deposition Excerpt, Butler) (Harrison, Jodi) (Entered: 11/10/2014)

Nov. 10, 2014

Nov. 10, 2014

PACER
37

Memorandum in Support regarding 36 MOTION for Summary Judgment filed by Paul G. Butler, Jr. (Harrison, Jodi) (Entered: 11/10/2014)

Nov. 10, 2014

Nov. 10, 2014

PACER
38

RESPONSE in Opposition regarding 30 MOTION for Summary Judgment filed by Paul G. Butler, Jr. (Harrison, Jodi) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

PACER
39

Response in Opposition regarding 36 Motion for Summary Judgment filed by Shaun Antonio Hayden. (Simpson, Elizabeth) Modified on 12/1/2014 to reflect the correct docket entry and number. (Blankenship, T.) (Entered: 12/01/2014)

Dec. 1, 2014

Dec. 1, 2014

PACER

Notice to Counsel

Dec. 1, 2014

Dec. 1, 2014

PACER
40

REPLY to Response to Motion regarding 30 MOTION for Summary Judgment filed by Shaun Antonio Hayden. (Simpson, Elizabeth) (Entered: 12/01/2014)

Dec. 1, 2014

Dec. 1, 2014

PACER

Motion Submitted

Dec. 1, 2014

Dec. 1, 2014

PACER

NOTICE TO COUNSEL - Counsel is reminded that when submitting a pleading in response to a motion, to reflect the link of that particular motion and not the supporting memorandum. (Blankenship, T.)

Dec. 1, 2014

Dec. 1, 2014

PACER
41

REPLY to Response to Motion regarding 36 MOTION for Summary Judgment filed by Paul G. Butler, Jr. (Attachments: # 1 Exhibit A - Excerpt from Deposition of Mary Stevens) (Harrison, Jodi) (Entered: 12/01/2014)

Dec. 1, 2014

Dec. 1, 2014

PACER

Motions Submitted to United States District Judge Terrence W. Boyle regarding 36 MOTION for Summary Judgment, 33 MOTION to Seal 32 PROPOSED SEALED Exhibit and 30 MOTION for Summary Judgment . (Blankenship, T.)

Dec. 1, 2014

Dec. 1, 2014

PACER
42

RESPONSE in Opposition regarding 33 MOTION to Seal 32 PROPOSED SEALED Exhibit, filed by Paul G. Butler, Jr. (Harrison, Jodi) (Entered: 12/01/2014)

Dec. 1, 2014

Dec. 1, 2014

PACER
43

NOTICE of Hearing on 36 MOTION for Summary Judgment and 30 MOTION for Summary Judgment: Motion Hearing set for 7/29/2015 at 02:00 PM in Raleigh - 7th Floor - Courtroom 2 before US District Judge Terrence W. Boyle. (McDowell, G.) (Entered: 07/01/2015)

July 1, 2015

July 1, 2015

PACER
44

Notice of Substitution of Counsel filed by Joseph Finarelli on behalf of Paul G. Butler, Jr substituting for Jodi Harrison. (Finarelli, Joseph) (Entered: 07/17/2015)

July 17, 2015

July 17, 2015

PACER
45

WRIT of of Habeas Corpus issued to NC Department of Public Safety to produce Shawn Antonio Hayden on July 29, 2015 at 1:30 p.m. in Raleigh, NC. Signed by US District Judge Terrence W. Boyle. Copies mailed to Division of Prison, Processing Section; the Attorney General of North Carolina, Department of Justice, Raleigh, North Carolina; the Superintendent of Lumberton Correctional Institution; and the United States Marshal, Raleigh, North Carolina. (McDowell, G.) (Entered: 07/21/2015)

July 21, 2015

July 21, 2015

PACER

Docket Annotation

July 21, 2015

July 21, 2015

PACER

Copy of Writ has been mailed to Franklin Correctional Institution which is the current location of the plaintiff. (McDowell, G.)

July 21, 2015

July 21, 2015

PACER
46

WRIT OF HABEAS CORPUS issued to NC Department of Public Safety to produce Shawn Antonio Hayden on July 29, 2015 at 1:30 p.m. in Raleigh, NC. Signed by US Magistrate Judge Robert B. Jones, Jr. Copies mailed to Division of Prison, Processing Section; the Attorney General of North Carolina, Department of Justice, Raleigh, North Carolina; the Superintendent of Franklin Correctional Center; and the United States Marshal, Raleigh, North Carolina. (Indig, A.) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
47

NOTICE of Hearing on Motion (Date and Time Change) as to 30 MOTION for Summary Judgment and 36 MOTION for Summary Judgment. Motion Hearing set for 7/27/2015 at 3:00 PM in Raleigh - 7th Floor - Courtroom 2 before District Judge Terrence W. Boyle. (Indig, A.) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
48

WRIT OF HABEAS CORPUS issued to NC Department of Public Safety to produce Shawn Antonio Hayden on July 27, 2015 at 2:30 p.m. in Raleigh, NC. Signed by US Magistrate Judge Robert B. Jones, Jr. Copies mailed to Division of Prison, Processing Section; the Attorney General of North Carolina, Department of Justice, Raleigh, North Carolina; the Superintendent of Franklin Correctional Center; and the United States Marshal, Raleigh, North Carolina. (Indig, A.) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
49

Minute Entry for proceedings held in Raleigh, NC before District Judge Terrence W. Boyle: Motions Hearing held on 7/24/2015. All parties present and ready to proceed. Written order to follow. (Court Reporter Donna Tomawski) (Romine, L.) (Entered: 07/27/2015)

July 27, 2015

July 27, 2015

PACER
50

ORDER - As a supplement to the summary judgment materials now before the court, the defendants are ORDERED to provide certain data. Defendants shall provide this information on or before August 7, 2015. Signed by District Judge Terrence W. Boyle on 7/28/2015. (Indig, A.) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
51

Letter from Shaun Hayden thanking the court for allowing his presence at the hearing. (Attachment: # 1 Envelope) (Indig, A.) (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

PACER
52

RESPONSE to Order regarding 50 Order, Set Deadlines,, filed by Paul G. Butler, Jr. (Attachments: # 1 Exhibit Requested Statistical Data) (Finarelli, Joseph) (Entered: 08/04/2015)

Aug. 4, 2015

Aug. 4, 2015

PACER
53

ORDER - Plaintiff is allowed until August 18, 2015, to file a supplemental brief to which defendants may respond by August 28, 2015. Signed by District Judge Terrence W. Boyle on 8/6/2015. (Indig, A.) (Entered: 08/06/2015)

Aug. 6, 2015

Aug. 6, 2015

PACER
54

Consent MOTION for Extension of Time to file Supplemental Brief filed by Shaun Antonio Hayden. (Attachments: # 1 Text of Proposed Order) (Simpson, Elizabeth) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER

Motion Submitted

Aug. 7, 2015

Aug. 7, 2015

PACER

Motion Submitted to District Judge Terrence W. Boyle: 54 Consent MOTION for Extension of Time to file Supplemental Brief. (Indig, A.)

Aug. 7, 2015

Aug. 7, 2015

PACER
55

TEXT ORDER - This matter is before the court on plaintiff's motion for an extension of time to file a supplemental brief [D.E. 54] as ordered on August 6, 2015. Defendant consents to this motion. Good cause being shown, it is hereby ORDERED that the plaintiff be allowed until September 1, 2015, to file a supplemental brief to which defendants may respond by September 10, 2015. Signed by US District Judge Terrence W. Boyle on 8/10/2015. (McDowell, G.) (Entered: 08/10/2015)

Aug. 10, 2015

Aug. 10, 2015

PACER
56

RESPONSE to Order regarding 53 Order Re: Supplemental Briefing filed by Shaun Antonio Hayden. (Attachments: # 1 Exhibit A -- New Law) (Simpson, Elizabeth) (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

PACER
57

RESPONSE regarding 53 Order, 56 Response filed by Paul G. Butler, Jr. (Finarelli, Joseph) (Entered: 09/09/2015)

Sept. 9, 2015

Sept. 9, 2015

PACER
58

ORDER - The court denies defendants' motion for summary judgment [D.E. 36] and grants in part and denies without prejudice in part Hayden's motion for summary judgment [D.E. 30]. Specifically, the court finds that the current North Carolina parole review process for juvenile offenders serving a life sentence violates the Eighth Amendment. The court denies without prejudice Hayden's request for the injunctive relief and gives the parties 60 days to present a plan for the means and mechanism for compliance with the mandates of Graham to provide a meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation to juvenile offenders convicted as adults. DENYING 33 Motion to Seal. Signed by District Judge Terrence W. Boyle on 9/25/2015. (Indig, A.) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

Clearinghouse
59

Interlocutory Notice of Appeal filed by Paul G. Butler, Jr, Alvin W. Keller, Robert C. Lewis, Anthony E. Rand as to 58 Order on Motion for Summary Judgment, Order on Motion to Seal,,,,,,,,,,. Filing fee, receipt number 0417-3459816. (Finarelli, Joseph) Modified on 10/21/2015 to add the word Interlocutory. (McDowell, G.). (Entered: 10/21/2015)

Oct. 21, 2015

Oct. 21, 2015

PACER

Notice of Correction

Oct. 21, 2015

Oct. 21, 2015

PACER

NOTICE OF CORRECTION regarding: 59 Notice of Appeal. Since a final judgment has not been entered in this case, the Notice of Appeal has been changed to Interlocutory Notice of Appeal. (McDowell, G.)

Oct. 21, 2015

Oct. 21, 2015

PACER
60

Transmission of Interlocutory Notice of Appeal and Docket Sheet to US Court of Appeals regarding 59 Interlocutory Notice of Appeal. (McDowell, G.) (Entered: 10/21/2015)

Oct. 21, 2015

Oct. 21, 2015

PACER
61

Corrected Transmission of Interlocutory Notice of Appeal and Docket Sheet to US Court of Appeals regarding 59 Interlocutory Notice of Appeal. Correct to show that Appeal Fee has been paid. (McDowell, G.) (Entered: 10/21/2015)

Oct. 21, 2015

Oct. 21, 2015

PACER
62

US Court of Appeals Case Number 15-7676 (Jeffrey S. Neal, Case Manager) as to 59 Notice of Appeal Paul G. Butler, Jr. (Indig, A.) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
63

MOTION to Stay regarding 58 Order on Motion for Summary Judgment, Order on Motion to Seal,,,,,,,,,, filed by Paul G. Butler, Jr. (Attachments: # 1 Text of Proposed Order Proposed Order) (Finarelli, Joseph) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER

Motion Submitted

Nov. 13, 2015

Nov. 13, 2015

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Juvenile Parole

Key Dates

Filing Date: July 15, 2010

Closing Date: Jan. 22, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An person serving a life sentence in North Carolina for crimes committed when he was a juvenile.

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

North Carolina Post-Release Supervision and Parole Commission (Raleigh, Wake), State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Required disclosure

Amount Defendant Pays: 6200

Order Duration: 2017 - None

Issues

General/Misc.:

Juveniles

Pattern or Practice

Rehabilitation

Jails, Prisons, Detention Centers, and Other Institutions:

Habeas Corpus