Case: Floreal-Wooten v. Helder

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

Filed Date: Jan. 13, 2022

Case Ongoing

Clearinghouse coding complete

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 United States 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…

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 United States 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. 

As of April 7, 2023 this case was ongoing. 

Summary Authors

Rhea Sharma (4/7/2023)

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

Docket

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

Last updated July 6, 2023, 3:14 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
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

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

Filing Fee Submitted

Jan. 13, 2022

Jan. 13, 2022

PACER

Clerk's Notice Regarding Filing Fee

Jan. 13, 2022

Jan. 13, 2022

PACER

Case no longer referred to Honorable Christy D. Comstock. (lgd)

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
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

**CORRECTED**TEXT 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

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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
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

Order on Motion for Extension of Time to File

March 16, 2023

March 16, 2023

PACER

Order on Motion to Stay

March 16, 2023

March 16, 2023

PACER

Order on Motion for Leave

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
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

Order on Motion to Withdraw as Attorney

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 Test/Pros

April 10, 2023

April 10, 2023

PACER
60

Writ of Habeas Corpus ad Testificandum Issued

April 10, 2023

April 10, 2023

PACER
61

Order for Writ of Habeas Corpus Ad Test/Pros

April 10, 2023

April 10, 2023

PACER
62

Writ of Habeas Corpus ad Testificandum Issued

April 10, 2023

April 10, 2023

PACER
63

Order for Writ of Habeas Corpus Ad Test/Pros

April 10, 2023

April 10, 2023

PACER
64

Writ of Habeas Corpus ad Testificandum Issued

April 10, 2023

April 10, 2023

PACER
65

Order for Writ of Habeas Corpus Ad Test/Pros

April 10, 2023

April 10, 2023

PACER
66

Writ of Habeas Corpus ad Testificandum Issued

April 10, 2023

April 10, 2023

PACER

Order on Motion to Extend

April 19, 2023

April 19, 2023

PACER
68

Final Scheduling Order

April 28, 2023

April 28, 2023

PACER
69

Order

May 1, 2023

May 1, 2023

PACER
70

Order Setting/Resetting Hearings

May 1, 2023

May 1, 2023

PACER

Case Details

State / Territory: Arkansas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Jan. 13, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Several detainees at Washington County Detention Center

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Washington County Detention Center (Fayetteville, Washington), County

Washington County (Washington), County

Karas Correctional Health, P.L.L.C. (Washington), Private Entity/Person

Defendant Type(s):

Law-enforcement

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Informed consent/involuntary medication

Medical/Mental Health:

Medication, administration of