Case: Loyd v. Alabama Department of Corrections

Loyd v. Thigpen

Loyd v. Haley

U.S. Court of Appeals for the Eleventh Circuit

Loyd v. Hopper

U.S. Court of Appeals for the Eleventh Circuit

Loyd v. Hopper

U.S. Court of Appeals for the Eleventh Circuit

Loyd v. Hopper

U.S. Court of Appeals for the Eleventh Circuit

Loyd v. Hopper

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Eleventh Circuit

Supreme Court of the United States

Supreme Court of the United States

ORIGINAL file, certified copy of transfer order and docket sheet Middle District of Alabama with motion for class certification attached. filed (MAA) Modified on 06/11/1992 (Entered: 01/09/1992)

MOTION by plaintiff for order allowing access to Jackson County Jail between 6:00 a.m. and 12 Midnight 1/15/92 filed cs (MAA) (Entered: 01/09/1992)

0 - ORDER denying motion for order allowing access to Jackson County Jail between 6:00 a.m. and 12 Midnight 1/15/92 [0-1] ( by Judge Edwin L. Nelson ) entered cm (MAA) (Entered: 01/21/1992)

MOTION for attorney Barry Fisher to appear pro hac vice filed cs (TLM) (Entered: 01/27/1992)

ORDER granting motion for attorney Barry Fisher to appear pro hac vice [2-1] subject to payment of the required fee filed ( by Judge Edwin L. Nelson ) cm (MAA) (Entered: 01/28/1992)

ORDER -it is hereby ORDERED, ADJUDGED and DECREED that the stay entered by US Magistrate Judge Charles Coody on 11/21/91 should be and it hereby is DISSOLVED, def shall file answer or motion within 30 days filed ( by Judge Edwin L. Nelson ) cm (MAA) (Entered: 02/04/1992)

PRO HAC VICE admission fee paid on 2/6/92 receipt # 200 66654 for Barry Fisher (MAA) (Entered: 02/07/1992)

ANSWER by defendant James Nevels, defendant Marvin Wells; jury demand filed cs (TLM) (Entered: 03/09/1992)

ANSWER by defendant Jackson County, defendant Houston Kennemer, defendant Calvin Durham, defendant Bill Payne, defendant Marvin Wells; jury demand filed cs (TLM) (Entered: 03/09/1992)

SUGGESTION of death by defendant Jackson County, defendant Houston Kennemer, defendant Calvin Durham, defendant Bill Payne, defendant Marvin Wells as to defendant James Nevels cs (TLM) (Entered: 03/09/1992)

MOTION by defendant Houston Kennemer, defendant Jackson County, defendant Calvin Durham, defendant Bill Payne, defendant Marvin Wells to dismiss , or in the alternative for more definite statement filed cs (TLM) (Entered: 03/09/1992)

MOTION by defendant Calvin Durham, defendant James Nevels to dismiss , or in the alternative for more definite statement filed cs (TLM) (Entered: 03/09/1992)

ANSWER by defendant Morris Thigpen, defendant AL Dept Corrections filed cs (TLM) (Entered: 03/12/1992)

MOTION by defendant Morris Thigpen, defendant AL Dept Corrections to extend time filed cs (TLM) (Entered: 03/12/1992)

ORDER (Submission) that the motions to dismiss [9-1] is submitted 4/24/92, ; affidavits and briefs to be filed by 3/26/92, Responsive Brfs Due by 4/6/92, Reply Brfs Due by 4/11/92 , filed ( Judge Robert B. Propst ) motion docket is set 4/24/92 cm (MAA) (Entered: 03/13/1992)

ORDER granting motion to extend time ,defendants hereby ORDERED to respond to pla's interrogatories and requests for production within 30 days [11-1] filed ( by Judge Robert B. Propst ) cm (MAA) (Entered: 03/13/1992)

ANSWER by defendant Lyle Haas filed cs (MAA) (Entered: 03/16/1992)

MOTION by defendant Lyle Haas to extend time 30 days to respond to interrogatories and production of documents filed cs (MAA) (Entered: 03/16/1992)

ANSWER (amended) by defendant Lyle Haas filed c (MAA) (Entered: 03/17/1992)

15 - ORDER granted so ordered motion to extend time 30 days to respond to interrogatories and production of documents [15-1] ( by Judge Edwin L. Nelson ) entered cm (MAA) (Entered: 03/23/1992)

OPPOSITION by plaintiffs to dft's motion to extend time 30 days to respond to interrogatories and production of documents [15-1] filed cs (SLF) (Entered: 03/23/1992)

MOTION by plaintiffs for order requiring defendants to show cause why plaintiffs should not be permitted to interview non-party witnesses filed cs (MAA) (Entered: 04/02/1992)

ORDER (Scheduling) that the discovery deadline is 12/15/92 by Judge Edwin L. Nelson entered cm (TLM) (Entered: 04/06/1992)

ORDER denying motion for order requiring defendants to show cause why plaintiffs should not be permitted to interview non-party witnesses [18-1] as set out in order filed ( by Judge Edwin L. Nelson ) cm (MAA) (Entered: 04/09/1992)

MOTION by defendant Morris Thigpen, defendant AL Dept Corrections to produce documents filed cs (MAA) (Entered: 04/14/1992)

CROSSCLAIM by defendant Jackson County, defendant Houston Kennemer, defendant Calvin Durham, defendant Bill Payne, defendant Marvin Wells, defendant Mike Wells against defendant Morris Thigpen, defendant AL Dept Corrections filed cs (MAA) (Entered: 04/17/1992)

MEMORANDUM opinion filed ( by Judge Edwin L. Nelson ) cm (TLM) (Entered: 04/27/1992)

ORDER denying motion to dismiss [9-1] denying motion to dismiss [8-1] denying motion for more definite statement [8-2] denying motion for more definite statement [9-2] filed ( by Judge Edwin L. Nelson ) cm (TLM) (Entered: 04/27/1992)

AFFIDAVIT of Michelle Stone filed (MAA) (Entered: 05/18/1992)

MOTION by plaintiff to extend time to respond to dfts first discovery request filed cs (TLM) (Entered: 05/19/1992)

26 - ORDER granting motion to extend time [26-1] ( by Judge Edwin L. Nelson ) entered cm (MAA) (Entered: 05/20/1992)

RESPONSE by defendants to plaintiffs opposition to discovery request [17-1] filed cs (SLF) (Entered: 06/03/1992)

ORDER ; Hearing on class certification to be held on 9:00 6/30/92 second floor courtroom of US Courthouse, 101 Holmes Avenue NE Huntsville, Alabama filed ( by Judge Edwin L. Nelson ) cm (MAA) (Entered: 06/10/1992)

MOTION by plaintiff to add plas and notice of add'l and evidentiary material filed cs (TLM) (Entered: 06/25/1992)

AFFIDAVIT of Joey Miller with declaration in support of request to proceed ifp attached filed (MAA) (Entered: 07/06/1992)

AFFIDAVIT of Brad Waldrop with declaration in support of request to proceed ifp attached filed (MAA) (Entered: 07/06/1992)

AFFIDAVIT of Jesse Grider with declaration in support of request to proceed ifp attached filed (MAA) (Entered: 07/06/1992)

AFFIDAVIT of Deborah King filed (MAA) (Entered: 07/06/1992)

ORDER that request by pla for class certification should be and the same is hereby GRANTED filed ( by Judge Edwin L. Nelson ) cm (MAA) (Entered: 07/06/1992)

AFFIDAVIT of Toby Lambert in support of motion for certification of the class filed in MD AL, DEEMED FILED 06/30/92 in open court - cs (SNH) (Entered: 07/06/1992)

AFFIDAVIT of Terry Manning filed in support of the motion for class ceritifcation, filed in the MD AL, DEEMED FILED 6/30/92 cs (SNH) (Entered: 07/06/1992)

AFFIDAVIT of Benny Owens filed in support of motion for class certification, filed in MD AL, DEEMED FILED 6/30/92 cs (SNH) (Entered: 07/06/1992)

AFFIDAVIT of Randy Bailey in support of motion for class certification, filed in MD AL, DEEMED FILED 6/30/92 in open court cs (SNH) (Entered: 07/06/1992)

AFFIDAVIT of Thomas Paschal in support of motion for class certification, DEEMED FILED IN THE MIDDLE DISTRICT OF ALABAMA 11/6/91, cs filed at the direction of the court (SNH) (Entered: 07/06/1992)

AFFIDAVIT of Joseph Marsh filed in support of the motion for class certification deemed filed in the Middle District of Alabama 11/6/91 cs filed at the direction of the Court (SNH) (Entered: 07/06/1992)

AFFIDAVIT of Jeffrey Loyd in support of motion for class certification deemed filed in the Middle District of Alabama 11/6/91 filed cs filed at the direction of the court (SNH) (Entered: 07/06/1992)

AFFIDAVIT of Tim London in support of motion for class certification deemed filed 11/6/91 in the Middle District of Alabama filed cs filed at the direction of the court (SNH) (Entered: 07/06/1992)

AFFIDAVIT of Jerry Harmon in support of motion for class certification, deemed filed in the Middle District of Alabama 11/6/91 filed cs filed at the direction of the court (SNH) (Entered: 07/06/1992)

AFFIDAVIT of Bobby Fennell in support of motion for class certification deemed filed in the Middle District of Alabama 11/6/91 filed cs filed at the direction of the court (SNH) (Entered: 07/06/1992)

AFFIDAVIT of Perry Eslinger in support of motion for class certification deemed filed 11/6/91 in the Middle District of Alabama filed cs filed at the direction of the court (SNH) (Entered: 07/06/1992)

AFFIDAVIT of Larry Dempsey in support of motion for class certification deemed filed 11/6/91 in the Middle District of Alabama filed cs filed at the direction of the court (SNH) (Entered: 07/06/1992)

AFFIDAVIT of Undral Davis in support of motion for class certification deemed filed 11/6/91 in the Middle District of Alabama filed cs filed at the direction of the Court (SNH) (Entered: 07/06/1992)

AFFIDAVIT of Philip Clanton in support of motion for certification of class deemed filed in the Middle District of Alabama 11/6/91 filed cs filed at the direction of the Court (SNH) (Entered: 07/06/1992)

AFFIDAVIT of Bruce Capshaw in support of motion for class certification deemed filed 11/6/91 in the Middle District of Alabama filed cs filed at the direction of the Court (SNH) (Entered: 07/06/1992)

AFFIDAVIT of Gary Bryant in support of motion for class certification filed in the Middle District of Alabama deemed filed 11/6/91 filed cs filed at the direction of the court (SNH) (Entered: 07/06/1992)

AFFIDAVIT of Deborah Barton in support of motion for class certification filed in the Middle District of Alabama, deemed filed 11/6/91 filed cs filed at the direction of the court (SNH) (Entered: 07/06/1992)

AFFIDAVIT of Calvin Evans deemed filed 11/6/91 in support of motion for class certification filed in MD of AL filed at the direction of the court. filed cs (MAA) (Entered: 07/06/1992)

MOTION by plaintiffs for order requiring defendants to post notice of class action lawsuit in Jackson County jail filed cs (MAA) (Entered: 08/10/1992)

53 - ORDER denying motion for order requiring defendants to post notice of class action lawsuit in Jackson County jail [53-1] ( by Judge Edwin L. Nelson ) entered cm (MAA) (Entered: 08/20/1992)

MOTION by defendant Jackson County to withdraw Jack Livingston as attorney filed cs (MAA) (Entered: 08/24/1992)

54 - ORDER granting motion to withdraw Jack Livingston as attorney [54-1] for Jackson County ( by Judge Edwin L. Nelson ) entered cm (MAA) (Entered: 08/24/1992)

MOTION by plaintiff to extend time discovery deadline to 1/15/93 deemed filed 11/13/92 filed cs (MAA) Modified on 11/18/1992 (Entered: 11/18/1992)

ORDER ; Discovery cutoff for depositions extended to 1/15/93 filed ( by Judge Edwin L. Nelson ) cm (MAA) (Entered: 11/19/1992)

MOTION by defendants Mike Wells, Jackson County and Jackson County Commission to compel responses to discovery requests filed cs with exhibits attached (KAM) (Entered: 11/23/1992)

MOTION by defendants Jackson County, Jackson County Commission and Mike Wells for sanctions for the pla's failure to attend depositions filed cs (KAM) (Entered: 11/23/1992)

ORDER denying motion for sanctions for the pla's failure to attend depositions [58-1] granting in part and denying in part motion to compel responses to discovery requests [57-1] as set out. filed ( by Judge Edwin L. Nelson ) cm (MAA) (Entered: 11/25/1992)

RESPONSE by plaintiffs to Jackson County and Mike Well's motion to compel responses to discovery requests [57-1] filed cs (MAA) (Entered: 11/30/1992)

RESPONSE by plaintiff to def's motions for sanctions filed cs (MAA) (Entered: 11/30/1992)

MOTION by plaintiff to compel discovery with appendix A-K attached re: jail records filed (KAM) Modified on 12/08/1992 (Entered: 12/07/1992)

MOTION by defendant Mike Wells, defendant Jackson County to strike or in the alternative to deny pla's motion to compel discovery filed cs (MAA) (Entered: 12/09/1992)

MOTION by defendant Mike Wells, defendant Jackson County for order for appointment of third-party mediator filed cs (MAA) (Entered: 12/16/1992)

ORDER -The court will hear argument and rule upon motion to compel at 8:00 a.m. on 1/15/93 filed ( by Judge Edwin L. Nelson ) cm (MAA) (Entered: 12/16/1992)

ORDER -Any party may respond in writing to the defendants' motion for appointment of independent mediator to assist in settlement discussions within 11 days. filed ( by Judge Edwin L. Nelson ) cm (MAA) (Entered: 12/21/1992)

RESPONSE by plaintiffs to def' s motion for order for appointment of third-party mediator [64-1] filed cs (MAA) (Entered: 01/04/1993)

MOTION by plaintiff for protective order to prevent witnesss from traveling filed cs (MAA) (Entered: 01/08/1993)

68 - ORDER granting motion for protective order to prevent witnesss from traveling [68-1]Rule 26 (B)(4)(A) ( by Judge Edwin L. Nelson ) entered cm (MAA) (Entered: 01/12/1993)

ORDER -It is hereby ORDERED that this matter be referred to the Honorable Robert Armstrong for the limited purpose of conducting settlement proceedings among the parties as set out. filed ( by Judge Edwin L. Nelson ) cm (MAA) (Entered: 01/12/1993)

MOTION by defendant Mike Wells, defendant Houston Kennemer for protective order filed cs (MAA) (Entered: 01/13/1993)

MOTION by defendant Lyle Haas to extend time to file dispositive motions filed cs (MAA) (Entered: 01/15/1993)

MOTION by defendant James Nevels, defendant Mike Wells, defendant Marvin Wells, defendant Calvin Durham, defendant Houston Kennemer, defendant Jackson County for partial summary judgment filed cs (MAA) (Entered: 01/19/1993)

70 - ORDER denying motion for protective order [70-1] ( by Judge Edwin L. Nelson ) entered cm (MAA) (Entered: 01/15/1993)

71 - ORDER denying motion to extend time to file dispositive motions [71-1] ( by Judge Edwin L. Nelson ) entered cm (MAA) (Entered: 01/19/1993)

ORDER denying motion for partial summary judgment [73-1] filed ( by Judge Edwin L. Nelson ) cm (MAA) (Entered: 01/20/1993)

MOTION by plaintiff to continue trial on or after May 1, 1993 and May 15, 1993 respectively. filed cs (MAA) (Entered: 02/18/1993)

ORDER granting motion to continue trial on or after May 1, 1993 and May 15, 1993 respectively. [75-1]Trial of this action will be set to commence after 6/1/93 and the pretrial conference will be rescheduled accordingly. filed ( by Judge Edwin L. Nelson ) cm (MAA) (Entered: 02/18/1993)

MOTION (joint) by defendant,pla for order of class notice filed (MAA) (Entered: 03/18/1993)

MOTION by plaintiff for order for court to order class notice and schedule settlement hearing pursuant to FRCP 23(e) and OPPOSITION to further delay occasioned by court's inquiry into fairness of consent decree to county dfts filed cs (KAM) (Entered: 06/21/1993)

78 - ORDER denied w/o prejudice to renewal motion for order for court to order class notice and schedule settlement hearing [78-1] ( by Judge Edwin L. Nelson ) entered cm (MAA) (Entered: 09/21/1993)

ORDER-Pursuant to provisions of Federal Rules of Evidence it is hereby ORDERED that William E. Osterhoff, PhD, Professor, Justice and Public Safety, Auburn University at Montgomery, 7300 University Drive, Montgomery, AL 36117-3596 be and he hereby is APPOINTED as an expert witness to advise the court with regard to the proposed decree which has been submitted by parties in this action. The court shall hold a hearing at 8:00 a.m. Friday, 12/10/93, Courtroom 7B, Hugo L. Black U.S. Courthouse, 1729 Fifth Avenue North, Bham, Al 35203 for the purpose of planning a schedule for the completion of Dr. Osterhoff's work. filed ( by Judge Edwin L. Nelson ) cm (MAA) (Entered: 11/08/1993)

COURTROOM NOTES: HEARING re: proposed consent decree (Penny Enoch, rptr.) (SMH) (Entered: 12/10/1993)

ORDER -Any party may file response to Dr. Osterhoff's proposed plan attached to order by Thursday 1/27/94. In the absence of any comments or objections the court will direct Dr. Osterhoff to proceed as proposed by him. filed ( by Judge Edwin L. Nelson ) cm (MAA) (Entered: 01/19/1994)

RESPONSE by plaintiff to order [81-1] filed v (MAA) (Entered: 01/31/1994)

ORDER -The court has considered the objections of plaintiffs to proposal of Dr. William E. Osterhoff and finds they are not well taken. Accordingly it is hereby ORDERED that Dr. Osterhoff undertake his mission in accord with his proposal as set out in his letter of 1/13/94 and file his report and recommendations on or befoere the close of business on 5/2/94. filed ( by Judge Edwin L. Nelson ) cm (MAA) (Entered: 01/31/1994)

ORDER ; Status Conference set for 9:00 7/26/94 with regard to proposed consent decree Room 786 Hugo L. Black U. S. Courthouse. filed ( by Judge Edwin L. Nelson ) cm (MAA) (Entered: 06/10/1994)

ORDER -It is hereby ORDERED that a copy of Dr. Osterhoff's report be filed in the record in this action and that copies be served on counsel for each of the parties (report attached herewith) filed ( by Judge Edwin L. Nelson ) cm (MAA) (Entered: 06/23/1994)

TRANSCRIPT of proceedings had before Judge Edwin L. Nelson on 12/10/93 , filed - Court Reporter Penny L. Enoch (MAA) (Entered: 07/14/1994)

ORDER Pursuant to Rule 25 (d)(1) FRCP parties are hereby substituted as set out in order. filed ( by Judge Edwin L. Nelson ) cm (MAA) (Entered: 07/28/1994)

MOTION by defendant AL Dept Corrections to withdraw attorney Harry A. Lyles filed cs (MAA) (Entered: 08/02/1994)

88 - ORDER granting motion to withdraw attorney Harry A. Lyles [88-1] for Tommy Herring, for AL Dept Corrections, ( by Judge Edwin L. Nelson ) entered cm (MAA) (Entered: 08/08/1994)

ORDER ; Status Conference set for 10:30 a.m. Wednesday, 9/28/94 before the undersigned, Room 786 Hugo L. Black U. S. Courthouse. All parties are ORDERED to attend with counsel filed ( by Judge Edwin L. Nelson ) cm (MAA) (Entered: 09/16/1994)