Case: Floreal-Wooten v. Helder

5:22-cv-05011 | U.S. District Court for the Western District of Arkansas

Filed Date: Jan. 13, 2022

Closed Date: Sept. 29, 2023

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Case Summary

This is a case about the administering of Ivermectin to incarcerated people without prior informed consent. On January 13, 2022, several detainees at Washington County Detention Center (WCDC), filed this suit in U.S. District Court for the Western District of Arkansas. The plaintiffs sued WCDC and the Sheriff of Washington County (collectively “the County defendants”); several John/Jane Doe correctional officers; and Karas Correctional Health, P.L.L.C. (KCH) and its owner (collectively “Karas”) under 42 U.S.C. § 1983, alleging violations of their Fourteenth Amendment due process and equal protection rights. Represented by private counsel acting on behalf of the Arkansas Civil Liberties Union Foundation, the plaintiffs sought declaratory and injunctive relief. They claimed that the defendants had administered Ivermectin as a supposed treatment of COVID-19 without prior informed consent as to the nature and side effects of the drug. The case was assigned to Judge Timothy Lloyd Brooks.

In their complaint, the plaintiffs alleged that Karas provided the County defendants with healthcare services for detainees at WCDC and that they started to use Ivermectin as a treatment for detainees with COVID-19 as early as November of 2020. According to the complaint, Karas posted publicly about the use of Ivermectin at WCDC and the County defendants were likely aware of the use of the drug at WCDC. After the plaintiffs tested positive for COVID-19 in August 2021, they were relocated to a quarantine block and subsequently given “a cocktail of drugs by Karas defendants to allegedly treat COVID-19.” The plaintiffs alleged that this cocktail included high doses of the drug Ivermectin. Ivermectin is approved by the FDA to treat infections by some parasitic worms, head lice, or skin conditions, like rosacea. The plaintiffs alleged that they were given far over the approved dosage of the drug and that at no point were they told that they were consuming Ivermectin nor were they informed of the potential side effects. Ivermectin was not approved or authorized by the FDA to treat COVID-19 in humans and the FDA had issued a warning against using it to treat COVID-19. The plaintiffs experienced a variety of side effects because of the administration of the drug and filed grievances as a result, thereby exhausting their administrative remedies.

The plaintiffs alleged that the defendants violated their Fourteenth Amendment due process and equal protection rights. First, the plaintiffs argued that they had a due process right to voluntary and informed consent and that they possessed a significant liberty interest in receiving appropriate medical treatment and avoiding the unwanted administration of drugs. Next, the plaintiffs alleged that they were denied information about the drug that was provided to Karas’s non-incarcerated patients. They alleged that Karas had posted publicly about administering Ivermectin to both the WCDC detainees and his private clinic patients, including information about the drug, dosage, and its potential side effects. The plaintiffs argued that Karas had not treated its private clinic patients and the detainees the same because the detainees did not have access to this information and were not made aware of it. They further argued that “all patients enjoy a fundamental and significant liberty interest in the right to informed consent to medical treatments.” The plaintiffs asserted that “Karas defendants have neither a rational nor a compelling governmental interest in treating COVID-19 patients—incarcerated or not—differently as it relates to obtaining informed consent prior to the administration of medical treatment, including for the drug Ivermectin.”

On April 12, 2022, the defendants filed a motion for judgment on the pleadings arguing that the plaintiffs’ claims were moot. The defendants asserted that all of the plaintiffs were then incarcerated at the Arkansas Department of Corrections, not at WCDC, and that they were not at risk of being incarcerated at WCDC soon or ever again.

On June 16, 2022, the court consolidated this case with Fritch v. Karas, 5:21-cv-05156, with this case serving as the lead case.

On July 6, 2022, the plaintiffs filed an amended complaint, substantially altering the initial complaint. The amended complaint added the plaintiffs from the consolidated case, as well as a claim of battery against the Karas defendants. The plaintiffs argued that the administration of Ivermectin was offensive contact because it was inflicted without knowledge or consent. The plaintiffs also dropped their equal protection claim against Karas and dropped all claims against WCDC. The only remaining defendants were the Sheriff and Karas. After filing of the amended complaint, on July 22, 2022, the court denied the defendants’ motion for judgment on the pleadings as moot.

On September 18, 2022, the defendants again moved for judgment on the pleadings, lodging a number of arguments and affirmative defenses. According to the defendants, the plaintiffs’ due process claims should be dismissed because they alleged a substantive due process claim that did not apply in their circumstances. The defendants argued that the Supreme Court had only found that the right to bodily integrity is violated when a person is forced to have a medical procedure. Here, the defendants argued, the plaintiffs were not forced to take Ivermectin. The defendants also asserted that “allegations of lack of informed consent stem from claims of medical malpractice and are negligence-based claims.” The defendants also asserted that the individual defendants (the Sheriff and the owner of Karas) were entitled to qualified immunity because the plaintiffs had failed to allege the violation of a clearly established constitutional right. They further argued that the Sheriff had no personal involvement in the treatment of the plaintiffs and therefore could not be liable for any treatment decisions made. Finally, the defendants argued that the plaintiffs’ battery claim was barred by statutory immunity. Pursuant to Arkansas state law, county agents were immune from tort liability. The defendants also argued that the plaintiffs had not alleged any “touching” that was offensive or harmful.

On March 16, 2023, the court denied the defendants motion for judgment on the pleadings. The court found that the plaintiffs had sufficiently stated a claim for a substantive due process violation because they had not known they were taking Ivermectin when it was administered to them. The defendants’ argument that the plaintiffs had taken the drug voluntarily was not convincing because the plaintiffs could not refuse the drug if they didn't know what they were taking. The court also found that, if the facts asserted by the plaintiffs were true, the actions of the defendants would “shock the conscience.” In regards to the defendant Sheriff, the court found it plausible that he knew or should have known about Karas’s actions and that he either approved them or turned a blind eye. The court found that the defendants were not entitled to qualified immunity because they had violated a constitutional right and that right was clearly established. Lastly, the court found that the plaintiffs had stated a plausible claim for medical battery “based on affirmative concealment and intentional—rather than negligent—failure to obtain informed consent.” The court also found that statutory immunity only applied to torts of negligence and not intentional torts, which battery clearly was.

On July 26, 2023, the defendants filed a motion for summary judgment. They argued that there was no constitutional violation based on the facts and that both individual defendants were entitled to qualified immunity. As for KCH, the defendants asserted that the organization did not have an unconstitutional policy or practice that caused an underlying constitutional violation. They argued that summary judgment was also warranted for the battery claim against the Karas defendant because the plaintiffs had failed to allege that Dr. Kara, or anyone else, had administered the Ivermectin to the plaintiffs or had any personal involvement with them. Since the alleged battery was not foreseeable, KCH could also not be found vicariously liable.

On September 29, 2023, the court dismissed the case with prejudice in light of the parties arriving at a settlement. The Karas defendants agreed to pay $10,000 with each plaintiff receiving $2,000 in exchange for the plaintiffs dismissing all of their claims.

As of September 29, 2023, this case is closed.

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Summary Authors

Rhea Sharma (4/7/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/62558142/parties/floreal-wooten-v-helder/

Judge(s)

Brooks, Timothy Lloyd (Arkansas)

Attorney for Plaintiff

Attorney for Defendant

Endsley, Eric (Arkansas)

Heffley, Lester Kyle (Arkansas)

Mosley, Michael A. (Arkansas)

Owens, Jason E. (Arkansas)

Judge(s)

Brooks, Timothy Lloyd (Arkansas)

Attorney for Plaintiff

Reynolds, Bourgon B. (Arkansas)

Smith, Ryan (Arkansas)

Vance, Luke Edward (Arkansas)

Attorney for Defendant

Endsley, Eric (Arkansas)

Heffley, Lester Kyle (Arkansas)

Mosley, Michael A. (Arkansas)

Owens, Jason E. (Arkansas)

Thomas, JaNan Arnold (Arkansas)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2 5:22-cv-05011	Complaint	Jan. 13, 2022	Jan. 13, 2022 Complaint
34 5:22-cv-05011	First Amended Complaint	July 6, 2022	July 6, 2022 Complaint
51 5:22-cv-05011	Memorandum Opinion and Order	March 16, 2023	March 16, 2023 Order/Opinion 2023 WL 2023
5:22-cv-05011	Settlement Agreement and Release of all Claims Floreal-Wooten v. Karas	Sept. 21, 2023	Sept. 21, 2023 Settlement Agreement

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/62558142/floreal-wooten-v-helder/

Last updated March 10, 2024, 4:06 a.m.

ECF Number	Description	Date	Link Date / Link
1	CIVIL COVER SHEET for case initiated by Dayman Blackburn, Edrick Floreal-Wooten, Julio Gonazales, Jeremiah Little. Please proceed with filing your case initiating document(s).If the case initiating documents are not filed by Close of Business the next business day your case may be terminated. (tg) (Entered: 01/13/2022)	Jan. 13, 2022	Jan. 13, 2022 RECAP
2	COMPLAINT against All Defendants, filed by Jeremiah Little, Dayman Blackburn, Edrick Floreal-Wooten, Julio Gonazales. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Reynolds, Bourgon) (Entered: 01/13/2022) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP	Jan. 13, 2022	Jan. 13, 2022 Clearinghouse
3	Magistrate Notice/Consent Form (tg) (Entered: 01/13/2022)	Jan. 13, 2022	Jan. 13, 2022 PACER
4	THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to Dr. Robert Karas, MD; Sheriff Tim Helder; WCDC; Karas Correctional Health P.L.L.C. for service of the following document: 2 Complaint. (Attachments: # 1 Karas Correctional Health P.L.L.C. Summons, # 2 WCDC Summons, # 3 Sheriff Helder Summons)(Reynolds, Bourgon) (Entered: 01/13/2022)	Jan. 13, 2022	Jan. 13, 2022 PACER
	Case no longer referred to Honorable Christy D. Comstock. (lgd)	Jan. 13, 2022	Jan. 13, 2022 PACER
	CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee: 2 Complaint. You MUST pay the filing fee of $ 402.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days.If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal.Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 1/18/2022 (lgd)	Jan. 13, 2022	Jan. 13, 2022 PACER
5	NOTICE of Appearance by Ryan Smith on behalf of All Plaintiffs. (Smith, Ryan) (Entered: 01/13/2022)	Jan. 13, 2022	Jan. 13, 2022 PACER
	Complaint filing fee paid re 2 Complaint : $ 402, receipt number AARWDC-2525570.. (Reynolds, Bourgon)	Jan. 13, 2022	Jan. 13, 2022 PACER
	Case No Longer Referred	Jan. 13, 2022	Jan. 13, 2022 PACER
	Clerk's Notice Regarding Filing Fee	Jan. 13, 2022	Jan. 13, 2022 PACER
	Filing Fee Submitted	Jan. 13, 2022	Jan. 13, 2022 PACER
6	THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D., Washington County Detention Center and returned to attorney or plaintiff for service. YOU MUST PRINT THIS ISSUED SUMMONS, WHICH IS THE MAIN DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (tg) (Entered: 01/14/2022)	Jan. 14, 2022	Jan. 14, 2022 PACER
7	AFFIDAVIT of Service for Affidavit of Service, filed by All Plaintiffs. Washington County Detention Center served on 1/19/2022, answer due 2/9/2022. (Smith, Ryan) (Entered: 01/21/2022)	Jan. 21, 2022	Jan. 21, 2022 PACER
8	AFFIDAVIT of Service for Summons, filed by All Plaintiffs. Tim Helder served on 1/19/2022, answer due 2/9/2022. (Smith, Ryan) (Entered: 01/21/2022)	Jan. 21, 2022	Jan. 21, 2022 PACER
9	ANSWER to 2 Complaint with Jury Demand by Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D., Washington County Detention Center.(Owens, Jason) (Entered: 01/31/2022)	Jan. 31, 2022	Jan. 31, 2022 RECAP
10	AFFIDAVIT of Service for Summons, filed by All Plaintiffs. Robert Karas, M.D. served on 1/27/2022, answer due 2/17/2022. (Smith, Ryan) (Entered: 02/01/2022)	Feb. 1, 2022	Feb. 1, 2022 PACER
11	AFFIDAVIT of Service for Summons, filed by All Plaintiffs. Karas Correctional Health, P.L.L.C. served on 1/27/2022, answer due 2/17/2022. (Smith, Ryan) (Entered: 02/01/2022)	Feb. 1, 2022	Feb. 1, 2022 PACER
12	INITIAL SCHEDULING ORDER: Case Management Hearing set for 4/12/2022 01:30 PM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 3/21/2022. Signed by Honorable Timothy L. Brooks on February 14, 2022. (slc) (Entered: 02/14/2022)	Feb. 14, 2022	Feb. 14, 2022 RECAP
13	JOINT REPORT of Rule 26(f) Planning Meeting by Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D., Washington County Detention Center. (Owens, Jason) (Entered: 03/21/2022)	March 21, 2022	March 21, 2022 PACER
14	NOTICE of Appearance by Luke Edward Vance on behalf of All Plaintiffs. (Vance, Luke) (Entered: 03/25/2022)	March 25, 2022	March 25, 2022 PACER
15	NOTICE of Appearance by Michael A. Mosley on behalf of Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D., Washington County Detention Center. (Mosley, Michael) (Entered: 03/29/2022)	March 29, 2022	March 29, 2022 PACER
16	MOTION for Judgment on the Pleadings by Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D., Washington County Detention Center. (Mosley, Michael) (Entered: 04/12/2022)	April 12, 2022	April 12, 2022 PACER
17	MEMORANDUM BRIEF in Support of 16 MOTION for Judgment on the Pleadings by Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D., Washington County Detention Center. (Mosley, Michael) (Entered: 04/12/2022)	April 12, 2022	April 12, 2022 RECAP
18	TEXT ONLY Minute Entry for proceedings held before Honorable Timothy L. Brooks: Case Management Hearing held on 4/12/2022. NOTE: As discussed on the record, a subsequent Case Management Hearing will be set by separate order. (Paula Barden-Court Reporter) (slc) (Entered: 04/12/2022)	April 12, 2022	April 12, 2022 PACER
	Case Management Hearing	April 12, 2022	April 12, 2022 PACER
19	TEXT ONLY ORDER Resetting CASE MANAGEMENT HEARING: Case Management Hearing reset for 6/14/2022 10:30 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on April 13, 2022. (slc) (Entered: 04/13/2022)	April 13, 2022	April 13, 2022 PACER
	Order Setting/Resetting Hearings	April 13, 2022	April 13, 2022 PACER
20	MOTION to Amend/Correct 2 Complaint by Dayman Blackburn, Edrick Floreal-Wooten, Julio Gonazales, Jeremiah Little. (Attachments: # 1 Exhibit A- Proposed First Amended Complaint)(Reynolds, Bourgon) (Entered: 04/20/2022)	April 20, 2022	April 20, 2022 PACER
21	MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Judgment on the Pleadings by Dayman Blackburn, Edrick Floreal-Wooten, Julio Gonazales, Jeremiah Little. (Reynolds, Bourgon) (Entered: 04/20/2022)	April 20, 2022	April 20, 2022 PACER
22	TEXT ONLY ORDER granting in part and denying in part 21 Plaintiffs' Motion for Extension of Time to File Response/Reply. The Court will not toll Plaintiffs' Response to Defendant's Motion but will allow Plaintiffs a 10-day extension by which to file their Response. Signed by Honorable Timothy L. Brooks on April 22, 2022. (jld) (Entered: 04/22/2022)	April 22, 2022	April 22, 2022 PACER
	Order on Motion for Extension of Time to File Response/Reply	April 22, 2022	April 22, 2022 PACER
23	RESPONSE IN OPPOSITION TO Motion re 20 MOTION to Amend/Correct 2 Complaint filed by Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D., Washington County Detention Center. (Mosley, Michael) (Entered: 04/25/2022)	April 25, 2022	April 25, 2022 RECAP
24	RESPONSE IN OPPOSITION TO Motion re 16 MOTION for Judgment on the Pleadings filed by Dayman Blackburn, Edrick Floreal-Wooten, Julio Gonazales, Jeremiah Little. (Attachments: # 1 Exhibit A)(Reynolds, Bourgon) (Entered: 05/06/2022)	May 6, 2022	May 6, 2022 PACER
25	REPLY to Response to Motion re 16 MOTION for Judgment on the Pleadings filed by Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D., Washington County Detention Center. (Mosley, Michael) (Entered: 05/09/2022)	May 9, 2022	May 9, 2022 PACER
26	NOTICE by Dayman Blackburn, Edrick Floreal-Wooten, Julio Gonazales, Jeremiah Little re 24 Response to Motion for Judgment on the Pleadings (DKT. 24) (Smith, Ryan) (Entered: 05/13/2022)	May 13, 2022	May 13, 2022 PACER
27	NOTICE by Dayman Blackburn, Edrick Floreal-Wooten, Julio Gonazales, Jeremiah Little re 24 Response to Motion (Reynolds, Bourgon) (Entered: 05/17/2022)	May 17, 2022	May 17, 2022 PACER
28	Corporate Disclosure Statement by Karas Correctional Health, P.L.L.C.. (Mosley, Michael) (Entered: 06/13/2022)	June 13, 2022	June 13, 2022 PACER
29	TEXT ONLY Minute Entry for proceedings held before Honorable Timothy L. Brooks: Case Management Hearing held on 6/14/2022. (Paula Barden-Court Reporter)(Proceedings held in Fayetteville-Room 509) (slc) (Entered: 06/14/2022)	June 14, 2022	June 14, 2022 PACER
	Case Management Hearing	June 14, 2022	June 14, 2022 PACER
30	ORDER CONSOLIDATING CASES 21-5156 and 22-5011. The LEAD case is 22-5011. Signed by Honorable Timothy L. Brooks on June 16, 2022. (bjb) (Entered: 06/16/2022)	June 16, 2022	June 16, 2022 PACER
31	CORRECTEDTEXT ONLY ORDER granting in part and denying in part 20 Motion to Amend/Correct Complaint. Plaintiffs may amend complaint in accordance with the Courts instructions as detailed during the June 14, 2022 hearing. Plaintiffs may, as appropriate, include new defendants and new claims but may not replead those claims already conceded. Further, the amended complaint should include pleading on behalf of Thomas Fritch, the Plaintiff in Fritch v. Karas, 21-5156. The Fritch matter has been consolidated with this litigation for all purposes. The amended complaint must be filed by JULY 6, 2022. Signed by Honorable Timothy L. Brooks on June 16, 2022. (jld) Modified on 6/16/2022 (slc). (Entered: 06/16/2022)	June 16, 2022	June 16, 2022 PACER
	Order on Motion to Amend/Correct	June 16, 2022	June 16, 2022 PACER
32	CASE MANAGEMENT ORDER: Final Pretrial Conference set for 8/14/2023 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. JURY TRIAL set for 8/21/2023 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on June 21, 2022. Associated Cases: 5:22-cv-05011-TLB, 5:21-cv-05156-TLB(slc) (Entered: 06/21/2022)	June 21, 2022	June 21, 2022 PACER
33	ORDER Setting Hearings: Settlement Conference set for 7/11/2023 09:00 AM in Fayetteville - 2nd flr (Rm 210) before Honorable Christy D. Comstock. Each party shall provide a concise, confidential settlement statement NO LATER THAN ONE WEEK PRIOR TO THE SCHEDULED CONFERENCE via email to CDCsettle@arwd.uscourts.gov. Signed by Honorable Christy D. Comstock on June 22, 2022. Associated Cases: 5:22-cv-05011-TLB, 5:21-cv-05156-TLB(rg) (Entered: 06/22/2022)	June 22, 2022	June 22, 2022 PACER
34	AMENDED COMPLAINT as to 2 Complaint against Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D., filed by Jeremiah Little, Dayman Blackburn, Thomas Fritch, Edrick Floreal-Wooten, Julio Gonazales. Related document: 2 Complaint filed by Julio Gonazales, Dayman Blackburn, Jeremiah Little, Edrick Floreal-Wooten. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Reynolds, Bourgon) (Entered: 07/06/2022)	July 6, 2022	July 6, 2022 Clearinghouse
35	THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to Tim Helder for service of the following document: 34 Amended Complaint,. (Smith, Ryan) (Entered: 07/20/2022)	July 20, 2022	July 20, 2022 PACER
36	THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Tim Helder and returned to attorney or plaintiff for service. YOU MUST PRINT THIS ISSUED SUMMONS, WHICH IS THE MAIN DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (bjb) (Entered: 07/20/2022)	July 20, 2022	July 20, 2022 PACER
37	ANSWER to 34 Amended Complaint, with Jury Demand by Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D..(Mosley, Michael) (Entered: 07/20/2022)	July 20, 2022	July 20, 2022 PACER
38	TEXT ONLY ORDER finding as moot 16 Motion for Judgment on the Pleadings. Signed by Honorable Timothy L. Brooks on July 22, 2022. (jld) (Entered: 07/22/2022)	July 22, 2022	July 22, 2022 PACER
	Order on Motion for Judgment on the Pleadings	July 22, 2022	July 22, 2022 PACER
39	AFFIDAVIT of Service for Amended Complaint, filed by All Plaintiffs. Tim Helder served on 7/13/2022, answer due 8/3/2022. (Smith, Ryan) (Entered: 07/28/2022)	July 28, 2022	July 28, 2022 PACER
40	MOTION for Judgment on the Pleadings by Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D.. (Mosley, Michael) (Entered: 09/18/2022)	Sept. 18, 2022	Sept. 18, 2022 RECAP
41	MEMORANDUM BRIEF in Support of 40 MOTION for Judgment on the Pleadings by Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D.. (Mosley, Michael) (Entered: 09/18/2022)	Sept. 18, 2022	Sept. 18, 2022 RECAP
42	RESPONSE IN OPPOSITION TO Motion re 40 MOTION for Judgment on the Pleadings filed by Dayman Blackburn, Edrick Floreal-Wooten, Thomas Fritch, Julio Gonazales, Jeremiah Little. (Reynolds, Bourgon) (Entered: 10/03/2022)	Oct. 3, 2022	Oct. 3, 2022 PACER
43	REPLY to Response to Motion re 40 MOTION for Judgment on the Pleadings filed by Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D.. (Mosley, Michael) (Entered: 10/04/2022)	Oct. 4, 2022	Oct. 4, 2022 RECAP
44	MOTION to Stay and Schedule by Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D.. (Mosley, Michael) (Entered: 02/28/2023)	Feb. 28, 2023	Feb. 28, 2023 PACER
45	MEMORANDUM BRIEF in Support of 44 MOTION to Stay and Schedule by Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D.. (Mosley, Michael) (Entered: 02/28/2023)	Feb. 28, 2023	Feb. 28, 2023 RECAP
46	MOTION for Leave to Supplement Motion to Stay Discovery and Schedule by Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D.. (Attachments: # 1 Exhibit A - Supplement to Motion to Stay, # 2 Exhibit A1 - Emails, # 3 Exhibit A2 - Emails, # 4 Exhibit A3 - Emails, # 5 Exhibit A4 - Emails, # 6 Exhibit A5 - Emails)(Mosley, Michael) (Entered: 03/06/2023)	March 6, 2023	March 6, 2023 PACER
47	MEMORANDUM BRIEF in Support of 46 MOTION for Leave to by Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D.. (Mosley, Michael) (Entered: 03/06/2023)	March 6, 2023	March 6, 2023 RECAP
48	RESPONSE IN OPPOSITION TO Motion re 46 MOTION for Leave to, 44 MOTION to Stay and Schedule Supplement filed by Dayman Blackburn, Edrick Floreal-Wooten, Thomas Fritch, Julio Gonazales, Jeremiah Little. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E)(Smith, Ryan) (Entered: 03/08/2023) 1 Exhibit Exhibit A View on PACER 2 Exhibit Exhibit B View on PACER 3 Exhibit Exhibit C View on PACER 4 Exhibit Exhibit D View on PACER 5 Exhibit Exhibit E View on PACER	March 8, 2023	March 8, 2023 PACER
49	REPLY to Response to Motion re 44 MOTION to Stay and Schedule filed by Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D.. (Mosley, Michael) (Entered: 03/08/2023)	March 8, 2023	March 8, 2023 PACER
50	Joint MOTION for Extension of Time to File For Summary Judgment by Dayman Blackburn, Edrick Floreal-Wooten, Thomas Fritch, Julio Gonazales, Jeremiah Little. (Smith, Ryan) (Entered: 03/14/2023)	March 14, 2023	March 14, 2023 PACER
51	MEMORANDUM OPINION AND ORDER denying 40 Motion for Judgment on the Pleadings. Signed by Honorable Timothy L. Brooks on March 16, 2023. (bjb) (Entered: 03/16/2023)	March 16, 2023	March 16, 2023 Clearinghouse
	Order on Motion for Extension of Time to File	March 16, 2023	March 16, 2023 PACER
	Order on Motion for Leave	March 16, 2023	March 16, 2023 PACER
	Order on Motion to Stay	March 16, 2023	March 16, 2023 PACER
52	TEXT ONLY ORDER finding as moot 44 Motion to Stay. Signed by Honorable Timothy L. Brooks on March 16, 2023. (ee) (Entered: 03/16/2023)	March 16, 2023	March 16, 2023 PACER
53	TEXT ONLY ORDER finding as moot 46 Motion for Leave. Signed by Honorable Timothy L. Brooks on March 16, 2023. (ee) (Entered: 03/16/2023)	March 16, 2023	March 16, 2023 PACER
54	TEXT ONLY ORDER granting 50 Motion for Extension of Time to File a Summary Judgment Motion. The new dispositive motion deadline is May 5, 2023. Signed by Honorable Timothy L. Brooks on March 16, 2023. (ee) (Entered: 03/16/2023)	March 16, 2023	March 16, 2023 PACER
55	Unopposed MOTION to Extend Remaining Case Deadlines by 75 Days by Dayman Blackburn, Edrick Floreal-Wooten, Thomas Fritch, Julio Gonazales, Jeremiah Little. (Reynolds, Bourgon) (Entered: 03/21/2023)	March 21, 2023	March 21, 2023 PACER
56	Unopposed MOTION of Kyle Heffley and Eric Endsley to Withdraw as Attorney This Document Relates to All Actions by Karas Correctional Health, P.L.L.C., Robert Karas, M.D.. (Heffley, Lester) (Entered: 03/22/2023)	March 22, 2023	March 22, 2023 PACER
	Order on Motion to Withdraw as Attorney	March 22, 2023	March 22, 2023 PACER
57	TEXT ONLY ORDER granting 56 Motion to Withdraw as Attorney. Attorneys Eric Endsley and Lester Kyle Heffley are withdrawn, and the Clerk of Court is directed to remove their names from the list of attorneys who receive Notices of Electronic Filing in this case. Signed by Honorable Timothy L. Brooks on March 22, 2023. (ee) (Entered: 03/22/2023)	March 22, 2023	March 22, 2023 PACER
58	AMENDED ORDER Resetting Hearings: Settlement Conference reset for 6/8/2023 09:00 AM in Fayetteville - 2nd flr (Rm 210) before Honorable Christy D. Comstock. Each party shall provide a concise, confidential settlement statement NO LATER THAN ONE WEEK PRIOR TO THE SCHEDULED CONFERENCE via email to CDCsettle@arwd.uscourts.gov. Signed by Honorable Christy D. Comstock on March 29, 2023. (rg) (Entered: 03/29/2023)	March 29, 2023	March 29, 2023 PACER
59	ORDER for Writ of Habeas Corpus Ad Testificandum as to Edrick Floreal-Wooten returnable by June 8, 2023 9:00 AM. Signed by Honorable Christy D. Comstock on April 10, 2023. (cc: U.S. Marshals Service-Certified).(rg) (Entered: 04/10/2023)	April 10, 2023	April 10, 2023 PACER
60	THE DOCUMENT IS RESTRICTED TO COURT USERS. Writ of Habeas Corpus ad Testificandum Issued as to Edrick Floreal-Wooten to appear in Fayetteville, Arkansas on June 8, 2023 9:00 AM. Original writ mailed to Warden with copies to ADC Transport and USMS. (rg) (Entered: 04/10/2023)	April 10, 2023	April 10, 2023 PACER
61	ORDER for Writ of Habeas Corpus Ad Testificandum as to Julio Gonzales returnable by June 8, 2023 9:00 AM. Signed by Honorable Christy D. Comstock on April 10, 2023. (cc: U.S. Marshals Service-Certified).(rg) (Entered: 04/10/2023)	April 10, 2023	April 10, 2023 PACER
62	THE DOCUMENT IS RESTRICTED TO COURT USERS. Writ of Habeas Corpus ad Testificandum Issued as to Julio Gonzales to appear in Fayetteville, Arkansas on June 8, 2023 9:00 AM. Original writ mailed to Warden with copies to ADC Transport and USMS. (rg) (Entered: 04/10/2023)	April 10, 2023	April 10, 2023 PACER
63	ORDER for Writ of Habeas Corpus Ad Testificandum as to Dayman Blackburn returnable by June 8, 2023 9:00 AM. Signed by Honorable Christy D. Comstock on April 10, 2023. (cc: U.S. Marshals Service-Certified).(rg) (Entered: 04/10/2023)	April 10, 2023	April 10, 2023 PACER
64	THE DOCUMENT IS RESTRICTED TO COURT USERS. Writ of Habeas Corpus ad Testificandum Issued as to Dayman Blackburn to appear in Fayetteville, Arkansas on June 8, 2023 9:00 AM. Original writ mailed to Warden with copies to ADC Transport and USMS. (rg) (Entered: 04/10/2023)	April 10, 2023	April 10, 2023 PACER
65	ORDER for Writ of Habeas Corpus Ad Testificandum as to Thomas Fritch returnable by June 8, 2023 9:00 AM. Signed by Honorable Christy D. Comstock on April 10, 2023. (cc: U.S. Marshals Service-Certified).(rg) (Entered: 04/10/2023)	April 10, 2023	April 10, 2023 PACER
66	THE DOCUMENT IS RESTRICTED TO COURT USERS. Writ of Habeas Corpus ad Testificandum Issued as to Thomas Fritch to appear in Fayetteville, Arkansas on June 8, 2023 9:00 AM. Original writ mailed to Warden with copies to ADC Transport and USMS. (rg) (Entered: 04/10/2023)	April 10, 2023	April 10, 2023 PACER
67	TEXT ONLY ORDER granting 55 Motion to Extend. All upcoming dates and deadlines, including the trial date, will be reset by separate order. Signed by Honorable Timothy L. Brooks on April 19, 2023. (ee) (Entered: 04/19/2023)	April 19, 2023	April 19, 2023 PACER
	Order on Motion to Extend	April 19, 2023	April 19, 2023 PACER
68	AMENDED CASE MANAGEMENT ORDER: Final Pretrial Conference reset for 11/3/2023 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. JURY TRIAL reset for 11/13/2023 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on April 28, 2023. Associated Cases: 5:22-cv-05011-TLB, 5:21-cv-05156-TLB(slc) (Entered: 04/28/2023)	April 28, 2023	April 28, 2023 PACER
69	ORDER CANCELLING WRITS of Habeas Corpus ad Testificandum issued on 4/10/2023 for the following ADC inmates: Edrick Floreal-Wooten #167157; Julio S. Gonzales #105437; Dayman L. Blackburn #164812 and Thomas Fritch, #179152.. Signed by Honorable Christy D. Comstock on May 1, 2023. (cc: U.S. Marshals Service-Certified).(rg) (Entered: 05/01/2023)	May 1, 2023	May 1, 2023 PACER
70	2nd AMENDED ORDER Resetting Hearings: Settlement Conference reset for 9/14/2023 09:00 AM in Fayetteville - 2nd flr (Rm 210) before Honorable Christy D. Comstock. Each party shall provide a concise, confidential settlement statement NO LATER THAN ONE WEEK PRIOR TO THE SCHEDULED CONFERENCE via email to CDCsettle@arwd.uscourts.gov. Signed by Honorable Christy D. Comstock on May 1, 2023. (rg) (Entered: 05/01/2023)	May 1, 2023	May 1, 2023 PACER
71	MOTION to Extend dispositive motion deadline by Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D.. (Mosley, Michael) (Entered: 07/10/2023)	July 10, 2023	July 10, 2023 RECAP
	Order on Motion to Extend	July 10, 2023	July 10, 2023 PACER
72	TEXT ONLY ORDER granting 71 Motion to Extend Deadline. The new dispositive motion deadline in this case is July 26, 2023. Signed by Honorable Timothy L. Brooks on July 10, 2023. (ee) (Entered: 07/10/2023)	July 10, 2023	July 10, 2023 PACER
73	MOTION for Leave to Exceed Page Limitationfor brief in support of motion for summary judgment by Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D.. (Mosley, Michael) (Entered: 07/18/2023)	July 18, 2023	July 18, 2023 PACER
74	TEXT ONLY ORDER granting 73 Motion for Leave to File Excess Pages. Defendants are granted leave to file a brief in support of a motion for summary judgment that is no more than 35 pages in length. This new page limitation should be sufficient, as the Court is of the opinion that "less is almost always more" when it comes to persuasive briefing. Signed by Honorable Timothy L. Brooks on July 19, 2023. (ee) (Entered: 07/19/2023)	July 19, 2023	July 19, 2023 PACER
	Order on Motion for Leave to File Excess Pages	July 19, 2023	July 19, 2023 PACER
75	MOTION for Summary Judgment by Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D.. (Attachments: # 1 Exhibit A - Depo of Kelley Hinely, # 2 Exhibit B - Affidavit of Kelley Hinely, # 3 Exhibit C - Depo of Jolana Wilson, # 4 Exhibit 2 to Exhibit D - Facebook Post, # 5 Exhibit D - Dr Karas Deposition excerpts, # 6 Exhibit E - Depo of Vlada Alaytseva, # 7 Exhibit F - Supp Discovery Responses, # 8 Exhibit G - FLCCC protocol as of August 2021, # 9 Exhibit H - Review of studies, # 10 Exhibit I - Depo excerpts of Fritch, # 11 Exhibit J - Depo of J Gonzales, # 12 Exhibit K - FLCCC January 2023, # 13 Exhibit L - Excerpts of Defendant Initial Disclosures, # 14 Exhibit M - Sheriff Helder Depo excerpts, # 15 Exhibit N - August 1 Hinely Email, # 16 Exhibit O - August 26 email of Hinely, # 17 Exhibit P - Tracey Moore Affidavit and attachment, # 18 Exhibit Q - Excerpts of Karas RFA Responses, # 19 Exhibit R - Consent Form, # 20 Exhibit S - Plaintiff Consent Forms DOBs redacted, # 21 Exhibit T - Excerpts of Plaintiff Little Depo, # 22 Exhibit U - Excerpts of Plaintiff Blackburn Depo, # 23 Exhibit V - Excerpts of Plaintiff Floreal-Wooten Depo)(Mosley, Michael) (Entered: 07/26/2023) 1 Exhibit A - Depo of Kelley Hinely View on RECAP 2 Exhibit B - Affidavit of Kelley Hinely View on PACER 3 Exhibit C - Depo of Jolana Wilson View on PACER 4 Exhibit 2 to Exhibit D - Facebook Post View on PACER 5 Exhibit D - Dr Karas Deposition excerpts View on PACER 6 Exhibit E - Depo of Vlada Alaytseva View on PACER 7 Exhibit F - Supp Discovery Responses View on PACER 8 Exhibit G - FLCCC protocol as of August 2021 View on PACER 9 Exhibit H - Review of studies View on PACER 10 Exhibit I - Depo excerpts of Fritch View on PACER 11 Exhibit J - Depo of J Gonzales View on PACER 12 Exhibit K - FLCCC January 2023 View on PACER 13 Exhibit L - Excerpts of Defendant Initial Disclosures View on PACER 14 Exhibit M - Sheriff Helder Depo excerpts View on PACER 15 Exhibit N - August 1 Hinely Email View on PACER 16 Exhibit O - August 26 email of Hinely View on PACER 17 Exhibit P - Tracey Moore Affidavit and attachment View on PACER 18 Exhibit Q - Excerpts of Karas RFA Responses View on PACER 19 Exhibit R - Consent Form View on PACER 20 Exhibit S - Plaintiff Consent Forms DOBs redacted View on RECAP 21 Exhibit T - Excerpts of Plaintiff Little Depo View on PACER 22 Exhibit U - Excerpts of Plaintiff Blackburn Depo View on PACER 23 Exhibit V - Excerpts of Plaintiff Floreal-Wooten Depo View on PACER	July 26, 2023	July 26, 2023 RECAP
76	MEMORANDUM BRIEF in Support of 75 MOTION for Summary Judgment by Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D.. (Mosley, Michael) (Entered: 07/26/2023)	July 26, 2023	July 26, 2023 RECAP
77	STATEMENT OF FACTS in support of 75 MOTION for Summary Judgment by Tim Helder, Karas Correctional Health, P.L.L.C., Robert Karas, M.D.. (Mosley, Michael) (Entered: 07/26/2023)	July 26, 2023	July 26, 2023 RECAP
78	ORDER for Writ of Habeas Corpus Ad Testificandum as to Dayman L. Blackburn returnable by 9/14/2023 9:00 AM. Signed by Honorable Christy D. Comstock on August 3, 2023. (Cc: U.S. Marshals Service-Certified, Copies mailed to Warden & email to ADC Transport).(rg) (Entered: 08/03/2023)	Aug. 3, 2023	Aug. 3, 2023 PACER
79	THE DOCUMENT IS RESTRICTED TO COURT USERS. Writ of Habeas Corpus ad Testificandum Issued as to Dayman Blackburn to appear in Fayetteville, Arkansas on 9/14/2023 9:00 AM. Original writ mailed to Warden, email copies to ADC Transport and USMS. (rg) (Entered: 08/03/2023)	Aug. 3, 2023	Aug. 3, 2023 PACER
80	ORDER for Writ of Habeas Corpus Ad Testificandum as to Edrick Floreal-Wooten returnable by 9/14/2023 9:00 AM. Signed by Honorable Christy D. Comstock on August 3, 2023. (cc: U.S. Marshals Service-Certified, Copies mailed to Warden & email to ADC Transport).(rg) (Entered: 08/03/2023)	Aug. 3, 2023	Aug. 3, 2023 PACER
81	THE DOCUMENT IS RESTRICTED TO COURT USERS. Writ of Habeas Corpus ad Testificandum Issued as to Edrick Floreal-Wooten to appear in Fayetteville, Arkansas on 9/14/2023 9:00 AM. Original writ mailed to Warden, email copies to ADC Transport and USMS. (rg) (Entered: 08/03/2023)	Aug. 3, 2023	Aug. 3, 2023 PACER