Case: Hinson v. Martin

5:17-cv-00260 | U.S. District Court for the Western District of Louisiana

Filed Date: Feb. 10, 2017

Closed Date: July 25, 2023

Clearinghouse coding complete

Case Summary

On February 10, 2017, a man, acting pro se, filed a civil rights complaint in the U.S. District Court for the Western District of Louisiana under 42 U.S.C. § 1983 against the DeSoto Parish Sheriff and a sheriff’s deputy. The case centered on an incident which occurred in February 2016, when sheriff's deputies in DeSoto Parish, Louisiana, received information that the man was wanted on a felony arrest warrant for armed robbery involving a firearm. The officer named in the suit spotted the plaint…

On February 10, 2017, a man, acting pro se, filed a civil rights complaint in the U.S. District Court for the Western District of Louisiana under 42 U.S.C. § 1983 against the DeSoto Parish Sheriff and a sheriff’s deputy. The case centered on an incident which occurred in February 2016, when sheriff's deputies in DeSoto Parish, Louisiana, received information that the man was wanted on a felony arrest warrant for armed robbery involving a firearm. The officer named in the suit spotted the plaintiff’s vehicle and initiated a pursuit. The plaintiff first attempted to flee in his vehicle but then pulled over and fled on foot. To assist in the chase, the officer deployed his police dog, which caught the plaintiff by the arm and brought him to the ground.

The plaintiff alleged that his Fourth and Eighth Amendment rights were violated both during his apprehension and after he was subdued. Specifically, the plaintiff alleged that he was bitten by the officer’s dog multiple times on his arm and wrist before and after being handcuffed and that he had been kicked after being restrained. He was taken to the hospital where doctors performed surgery to save the arm, but which resulted in permanent nerve damage.

The plaintiff sought $250,000 in monetary damages and injunctive relief in the form of the officer’s removal from the sheriff’s department. The case was assigned to District Judge Elizabeth Erny Foote.

On May 22, 2017, Magistrate Judge Karen L. Hayes issued a report and recommendations in which she recommended that all claims against the sheriff only, as well as the Fourth Amendment illegal search and seizure claim, be dismissed with prejudice as frivolous and for failure to state a claim. She also recommended that the request for injunctive relief be denied and dismissed. 2017 WL 11716845. Judge Foote issued an order on March 23, 2018, formally adopting these recommendations. 2018 WL 11474073.

On April 24, 2018, the officer–the sole remaining defendant–filed a motion for summary judgment, asserting qualified immunity and seeking dismissal of the plaintiff’s excessive force claim. In his brief opposing the motion, the defendant asserted additional state law tort claims of battery and negligence against the defendant. The magistrate judge issued a report and recommendation on July 10, 2018, in which she recommended the motion be denied. 2018 WL 11474075. On Feburary 26, 2019, Judge Foote, after considering the report and recommendations, written objections thereto, and a de novo review of the record, issued an order denying the motion for summary judgment. 2019 WL 13257718.

The defendant appealed the district court’s decision to the U.S. District Court for the Fifth Circuit. On April 29, 2021, a three-judge panel comprised of Judges Priscilla Richman, Edith Brown Clement, and Stephen A. Higginson issued an opinion affirming in part and reversing in part the district court. Specifically, the panel held that the district court erred in denying the defendant summary judgment on the basis of qualified immunity as to the Eighth Amendment claim and as to the Fourth Amendment excessive force claims, to the extent the Fourth Amendment claims rely on the defendant’s conduct before the plaintiff was subdued. The panel affirmed the district court’s finding that a jury could reasonably conclude that ordering the dog to continue biting the plaintiff after he was subdued, and kicking him after he was handcuffed, constituted excessive force in violation of the Fourth Amendment. 853 F. App'x 926.

After the Fifth Circuit’s opinion, three claims remained: the Fourth Amendment excessive force claim relating to the defendant’s conduct after the plaintiff was subdued and the state law battery and negligence claims against the defendant.

Back in the district court, a magistrate judge issued a memorandum order on September 10, 2021, granting the plaintiff’s motion for appointment of counsel. 2021 WL 9968333.

Throughout 2022, the parties engaged in discovery efforts. Then, on January 20, 2023, the defendant filed two motions for partial summary judgment–one on damages issues and one on the canine warning and state law claims. Judge Foote issued a memorandum ruling on April 24, 2023, denying the first motion and granting in part and denying in part the second. 2023 WL 3083587. Specifically, Judge Foote granted the motion with respect to state law battery and negligence claims arising out of the use of force during the plaintiff’s apprehension. Judge Foote denied the motions with respect to the plaintiff’s alleged loss of earning capacity and other special damages, as well as his Fourth Amendment excessive force claim and state law battery and negligence claims arising from the actions occurring after apprehension.

In June 2023, with trial approaching on the remaining claims, the parties reached a settlement. Judge Foote entered an order on June 2, 2023, giving the parties 90 days to submit a join motion to dismiss or stipulation of dismissal, which they filed on July 24. Judge Foote entered a judgement granting the joint stipulation of dismissal on July 25, 2023. Accordingly, the matter was dismissed with prejudice with the court retaining jurisdiction so as to enforce the settlement as necessary. Terms of the settlement have not been publicly released.

Summary Authors

Logan Moore (3/21/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6717708/parties/hinson-v-arbuckle/


Judge(s)

Foote, Elizabeth Erny (Louisiana)

Attorney for Plaintiff

Agarwal, Pratik (Louisiana)

Ahmed, Nora Sam (Louisiana)

Attorney for Defendant

Adams, Ashleigh Brooke (Louisiana)

Davis, James Ashby (Louisiana)

show all people

Documents in the Clearinghouse

Document
1

5:17-cv-00260

Complaint for Violation of Civil Rights

Feb. 10, 2017

Feb. 10, 2017

Complaint
3

5:17-cv-00260

Amended Complaint

Hinson v. Arbuckle

March 29, 2017

March 29, 2017

Complaint
00515841433

19-30243

UCSA Opinion

U.S. Court of Appeals for the Fifth Circuit

April 29, 2021

April 29, 2021

Order/Opinion

853 Fed.Appx. 926

140

5:17-cv-00260

Memorandum Ruling

Hinson v. Arbuckle

April 24, 2023

April 24, 2023

Order/Opinion

2023 WL 3083587

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6717708/hinson-v-arbuckle/

Last updated Nov. 3, 2025, 9:37 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Rodney Arbuckle, Kyle Martin with Jury Demand (Receipt number 54635054848, filing fee $400) filed by Jason Hinson. (Attachments: # 1 Civil cover sheet)(crt,Adams, K) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

Clearinghouse

CASE Assigned to Judge Elizabeth E Foote and Magistrate Judge Karen L Hayes. (crt,Thigpen, M)

Feb. 10, 2017

Feb. 10, 2017

Case Assigned/Reassigned

Feb. 13, 2017

Feb. 13, 2017

2

MEMORANDUM ORDER: Directing plaintiff to amend complaint. Pro Se Response due by 4/13/2017. Signed by Magistrate Judge Karen L Hayes on 3/14/2017. (crt,Haik, K) (Entered: 03/15/2017)

March 14, 2017

March 14, 2017

3

AMENDED COMPLAINT against Rodney Arbuckle, Kyle Martin filed by Jason Hinson. (Attachments: # 1 Envelope)(crt,Haik, K) (Entered: 03/30/2017)

March 29, 2017

March 29, 2017

Clearinghouse
4

NOTICE of Change of Address by Jason Hinson. Clerk updated plaintiff's address to EHCC. (Attachments: # 1 Envelope)(crt,HaikSld, K) (Entered: 05/11/2017)

May 10, 2017

May 10, 2017

5

REPORT AND RECOMMENDATIONS re 1 Complaint filed by Jason Hinson. RECOMMENDED that all claims against Rodney Arbuckle ONLY be DISMISSED WITH PREJUDICE as frivolous and failing to state a claim. IT IS FURTHER RECOMMENDED that plaintiff's request for injunctive relief, termination of officers, be DENIED and DISMISSED. IT IS FURTHER RECOMMENDED that plaintiff's claim of illegal search and seizure be DISMISSED WITH PREJUDICE as frivolous and for failing to state a claim. Objections to R&R due by 6/5/2017. Signed by Magistrate Judge Karen L Hayes on 5/22/2017. (crt,Leday, A) (Entered: 05/22/2017)

May 22, 2017

May 22, 2017

6

MEMORANDUM ORDER: Clerk is directed to serve plaintiff with two summons forms and one USM 285 form for each defendant to be completed by plaintiff and returned to clerk for service by U S Marshal. Clerk manually noticed order with forms. Pro Se Response due by 6/21/2017. Signed by Magistrate Judge Karen L Hayes on 5/22/2017. (Attachments: # 1 Blank Summons Forms, # 2 Blank USM285 Form)(crt,Leday, A) (Entered: 05/25/2017)

May 22, 2017

May 22, 2017

7

OBJECTION to 5 Report and Recommendations by Jason Hinson. Response to Objection to R&R due by 6/19/2017 (Attachments: # 1 Envelope)(crt,ThomasSld, T) (Entered: 06/06/2017)

June 5, 2017

June 5, 2017

8

NOTICE of Change of Address by Jason Hinson. Clerk updated address to David Wade Correctional Center. (Attachments: # 1 Envelope)(crt,ThomasSld, T) (Entered: 06/14/2017)

June 13, 2017

June 13, 2017

9

SUMMONS ISSUED as to Kyle Martin. Clerk sent summons, USM 285, Notice to Parties and documents 1, 3 and 6 to USM for service. (crt,ThomasSld, T) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

10

DUPLICATE NOTICE of Change of Address by Jason Hinson. Clerk updated address to DWCC on 6/14/2017. (Attachments: # 1 Envelope)(crt,ThomasSld, T) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

11

SUMMONS Returned Executed via USM 285 form. Kyle Martin served on 8/24/2017, answer due 9/14/2017. (crt,Haik, K) (Entered: 08/31/2017)

Aug. 30, 2017

Aug. 30, 2017

12

ANSWER to 1 Complaint, 3 Amended Complaint with Jury Demand by Kyle Martin.(Attorney James R Sterritt added to party Kyle Martin(pty:dft))(aty,Sterritt, James) Modified to add docket entry relationship on 10/25/2017 (Haik, K). (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

13

MOTION for Default Judgment by Jason Hinson. Motions referred to Magistrate Judge Karen L Hayes. (Attachments: # 1 Declaration, # 2 Envelope)(crt,Haik, K) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

14

ELECTRONIC ORDER denying 13 Motion for Entry of Default. Answer filed by defendant at Document 12 . Signed by Magistrate Judge Karen L Hayes on 10/27/2017. (jud,Hayes, Karen) Modified on 11/8/2017 to allow document access (Leday, A). (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

Order on Motion for Entry of Default

Oct. 27, 2017

Oct. 27, 2017

15

MOTION/Request for Copy of Answer by Jason Hinson. Motions referred to Magistrate Judge Karen L Hayes. (Attachments: # 1 Envelope)(crt,Haik, K) (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

16

ELECTRONIC ORDER granting 15 Motion for copy of answer filed herein. The Clerk's Office is hereby ordered to forward a copy of defendants' answer to the plaintiff. Defense counsel certified that a copy was mailed to the plaintiff, but he has apparently not received same. Counsel is instructed to double check the plaintiff's address for future copies. Signed by Magistrate Judge Karen L Hayes on 12/13/2017. (jud,Hayes, Karen) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

Order on Motion for Miscellaneous Relief

Dec. 13, 2017

Dec. 13, 2017

17

MAIL RETURNED as Undeliverable: Mail sent to Jason Hinson, David Wade Correctional Center, re: 12 Answer to Complaint returned marked: No Inmate Number. Action taken: Clerk resent to plaintiff: Jason Hinson #522009, David Wade Correctional Center, 670 Bell Hill Rd,Homer, LA 71040. (crt,Haik, K) (Entered: 12/27/2017)

Dec. 22, 2017

Dec. 22, 2017

18

REBUTTAL by Jason Hinson re 12 Answer to Complaint. (Attachments: # 1 Envelope)(crt,Williams, L) (Entered: 01/22/2018)

Jan. 18, 2018

Jan. 18, 2018

19

NOTICE of Change of Address by Jason Hinson. Clerk updated address to 1511 Jackson St, Monroe, LA 71202. (Attachments: # 1 Envelope)(crt,ThomasSld, T) (Entered: 03/21/2018)

March 20, 2018

March 20, 2018

20

ORDER adopting 5 Report and Recommendations re 1 Complaint. IT IS ORDERED that all claims against Rodney Arbuckle ONLY should be DISMISSED WITH PREJUDICE as frivolous and for failing to state a claim for which relief may be granted in accordance with the provisions of 28 U.S.C. §1915. IT IS FURTHER ORDERED that plaintiff's request for injunctive relief, termination of officers, be DENIED and DISMISSED. IT IS FURTHER ORDERED that plaintiff's claim of illegal search and seizure be DISMISSED WITH PREJUDICE as frivolous and for failing to state a claim on which relief may be granted pursuant to the provisions of 28 U.S.C. §1951(e)(2). Signed by Judge Elizabeth E Foote on 3/23/2018. (crt,Keifer, K) (Entered: 03/26/2018)

March 23, 2018

March 23, 2018

21

ORDER TO SHOW CAUSE. Defense counsel shall show cause on or before 4/17/18, in writing, why they should not be sanctioned for failure to comply with the document production component of 6 Memorandum Order. In addition, defendant is required to file all responsive documents immediately. It is further ordered that all remaining parties, show cause on or before 4/24/18, in writing, why each should not be sanctioned for failure to comply with the motion for summary judgment / statement of issues requirement of 6 Memorandum Order. The parties shall file a motion for summary judgment or a statement of issues in belated compliance of the order on or before 4/24/18. Signed by Magistrate Judge Karen L Hayes on 4/10/2018. (crt,Crawford, A) Modified to correct text on 4/10/2018 (Crawford, A). (Entered: 04/10/2018)

April 10, 2018

April 10, 2018

22

RESPONSE TO ORDER TO SHOW CAUSE by Kyle Martin re 21 Order to Show Cause. (aty,Sterritt, James) Modified to edit text on 4/18/2018 (HaikSld, K). (Entered: 04/17/2018)

April 17, 2018

April 17, 2018

23

SEALED DOCUMENT: by Kyle Martin. (aty,Sterritt, James) (Entered: 04/17/2018)

April 17, 2018

April 17, 2018

24

NOTICE by Kyle Martin of Compliance (aty,Sterritt, James) (Entered: 04/17/2018)

April 17, 2018

April 17, 2018

25

SEALED DOCUMENT: by Kyle Martin re 23 Sealed Document. (Attachments: # 1 Exhibit Photograph 2, # 2 Exhibit Photograph 3, # 3 Exhibit Photograph 4, # 4 Exhibit Photograph 5)(aty,Sterritt, James) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

26

RESPONSE by Jason Hinson re 21 Order to Show Cause. (crt,HaikSld, K) (Entered: 04/24/2018)

April 23, 2018

April 23, 2018

27

NOTICE of Compliance/Statement of Genuine Issues of Material Facts by Jason Hinson re 6 MEMORANDUM ORDER. (crt,HaikSld, K) (Entered: 04/24/2018)

April 23, 2018

April 23, 2018

28

MOTION for Summary Judgment by Kyle Martin. Motions referred to Magistrate Judge Karen L Hayes. (Attachments: # 1 Statement of material facts, # 2 Memorandum / Brief, # 3 Proposed order, # 4 Exhibit 1 - Affidavit of Kyle Martin, # 5 Exhibit 2 - Affidavit of Casey Hicks, # 6 Exhibit 3- DeSoto Regional Medical Records)(aty,Sterritt, James) (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

29

NOTICE of Motion Setting regarding: 28 MOTION for Summary Judgment . Motions referred to Magistrate Judge Karen L Hayes. (crt,ThomasSld, T) (Entered: 04/25/2018)

April 25, 2018

April 25, 2018

30

SEALED DOCUMENT: by Kyle Martin re 21 Order to Show Cause. (aty,Sterritt, James) Modified to edit docket entry text on 4/26/2018 (HaikSld, K). (Entered: 04/25/2018)

April 25, 2018

April 25, 2018

31

DEFICIENT SUPPLEMENTAL MEMORANDUM in Support re 28 MOTION for Summary Judgment filed by Kyle Martin. (Attachments: # 1 Exhibit 4- LSUHSC Discharge Summary)(aty,Sterritt, James) Modified to add deficiency notation on 4/26/2018 (Haik, K). Modified to remove "?" on 4/26/2018 (Haik, K). (Entered: 04/25/2018)

April 25, 2018

April 25, 2018

32

NOTICE of Deficiency to James R Sterritt on behalf of Kyle Martin regarding 31 Supplemental Memorandum in Support of Motion. Reason: Leave of court has not been granted for the filing of this supplemental memorandum. LR7.4 indicates "Memoranda may not be supplemented except with leave of court first obtained." (crt,Haik, K) (Entered: 04/26/2018)

April 26, 2018

April 26, 2018

33

MOTION for Leave to File Supplemental Memorandum in Support of Defendant's Motion for Summary Judgment by Kyle Martin. Motions referred to Magistrate Judge Karen L Hayes. (Attachments: # 1 Proposed pleading, # 2 Proposed exhibit, # 3 Proposed order)(aty,Sterritt, James) (Entered: 04/26/2018)

April 26, 2018

April 26, 2018

34

CORRECTIVE DOCUMENT entitled Corrected Motion to Supplement Memorandum filed by Kyle Martin regarding 33 MOTION for Leave to File Supplemental Memorandum in Support of Defendant's Motion for Summary Judgment . (aty,Sterritt, James) (Entered: 04/26/2018)

April 26, 2018

April 26, 2018

35

ORDER granting 33 Motion for Leave to File Supplemental Memorandum in Support of Defendant's Motion for Summary Judgment and Exhibit 4. Signed by Magistrate Judge Karen L Hayes on 4/27/2018. (crt,Leday, A) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

36

SUPPLEMENTAL MEMORANDUM in Support re 28 MOTION for Summary Judgment filed by Kyle Martin. (Attachments: # 1 Exhibit 4)(crt,Leday, A) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

37

ORDER: The court will not impose sanctions at this time. Plaintiff is reminded that his response to defendants 28 motion for summary judgment is due by May 16, 2018. Signed by Magistrate Judge Karen L Hayes on 4/30/2018. (crt,Leday, A) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

38

MEMORANDUM in Opposition re 28 MOTION for Summary Judgment filed by Jason Hinson. (Attachments: # 1 Statement of material facts, # 2 Declaration, # 3 Declaration, # 4 Envelope)(crt,Haik, K) (Entered: 05/16/2018)

May 15, 2018

May 15, 2018

39

MOTION for Extension of Time, MOTION for Leave to File Reply Brief, MOTION to Take Deposition of Jason Hinson by Kyle Martin. Motions referred to Magistrate Judge Karen L Hayes. (Attachments: # 1 Memorandum / Brief, # 2 Proposed order)(aty,Sterritt, James). Added MOTION to Take Deposition on 5/21/2018 (Haik, K). (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

40

ORDER granting 39 Motion for Extension of Time to File Reply Brief re 28 MOTION for Summary Judgment and granting 39 Motion to Take Deposition. Defendant is allowed until June 22, 2018, to Reply to plaintiffsOpposition and to take the deposition of a treating physician at LSUHSC and to take the deposition of the plaintiff. Signed by Magistrate Judge Karen L Hayes on 5/21/2018. (crt,Miletello, A) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

41

REPLY to Response to Motion re 28 MOTION for Summary Judgment filed by Kyle Martin. (Attachments: # 1 Exhibit 5 - Dr. Harris's Deposition)(aty,Sterritt, James) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

42

REPORT AND RECOMMENDATIONS re 28 MOTION for Summary Judgment. IT IS RECOMMENDED that the motion be DENIED. Objections to R&R due by 7/24/2018. Signed by Magistrate Judge Karen L Hayes on 7/10/2018. (crt,Leday, A) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

43

OBJECTION to 42 Report and Recommendations by Kyle Martin. ADMINISTRATIVE ENTRY as this document was electronically filed in error as 43 Response in Opposition. Response to Objection to R&R due by 8/7/2018 (crt,HaikSld, K) Modified to add document number on 7/25/2018 (HaikSld, K). (Entered: 07/25/2018)

July 24, 2018

July 24, 2018

44

ORDER adopting 42 Report and Recommendations; denying 28 Motion for Summary Judgment. This matter is referred to the Magistrate Judge for further proceedings. Signed by Judge Elizabeth E Foote on 2/26/2019. (crt,Keifer, K) (Entered: 02/26/2019)

Feb. 26, 2019

Feb. 26, 2019

45

ORDER: Plaintiff shall file his Pretrial Statement by 3/29/2019. Defendant shall file and serve his Pretrial Statement within 14 days after Plaintiff files same. Signed by Magistrate Judge Karen L Hayes on 2/27/2019. (crt,Leday, A) (Entered: 02/27/2019)

Feb. 27, 2019

Feb. 27, 2019

46

NOTICE OF INTERLOCUTORY APPEAL as to 44 Order on Report and Recommendations, Order on Motion for Summary Judgment by Kyle Martin. (Filing fee $505, receipt number 0536-3910997) (aty,Sterritt, James) (Entered: 03/28/2019)

March 28, 2019

March 28, 2019

47

PLAINTIFF'S PRETRIAL Statement by Jason Hinson. (crt,Haik, K) (Entered: 03/28/2019)

March 28, 2019

March 28, 2019

~Util - Set/Reset Appeal Deadlines

April 2, 2019

April 2, 2019

USCA Case Number

April 2, 2019

April 2, 2019

USCA Case Number 19-30243 for 46 Notice of Interlocutory Appeal filed by Kyle Martin. (crt,WalkerSld, B)

April 2, 2019

April 2, 2019

Set Deadline for Clerk re 46 Notice of Interlocutory Appeal: Certify Appeal Record (19-30243) by Clerk to COA 4/17/2019. (crt,WalkerSld, B)

April 2, 2019

April 2, 2019

Appeal Record Certified to USCA

April 18, 2019

April 18, 2019

ELECTRONICALLY CERTIFIED Record on Appeal to US Court of Appeals re 46 Notice of Interlocutory Appeal is now available to Appellate Counsel via the 5th Circuit Court of Appeals website. See Instructions for Access and Use of the Electronic Record Download Feature of CM/ECF by clicking here. (USCA #19-30243) If you do not have access to the Electronic Download Feature of CM/ECF, please submit your request for the certified record on appeal to the District Court. After obtaining permission from COA for sealed/restricted filings, please request access via the District Courts CM/ECF system. (crt,WalkerSld, B)

April 18, 2019

April 18, 2019

48

MEMORANDUM ORDER of USCA as to 46 Notice of Interlocutory Appeal filed by Kyle Martin that unless the court granted access to one or more specific documents ONLY, it is ordered, counsel for Kyle Martin may obtain all ex parte documents filed on behalf of Kyle Martin, and all other non ex parte documents in the record. IT IS FURTHER ORDERED that appellants motion for leave to file a corrected brief that corrects citations to the sealed record documents is GRANTED. (crt,WalkerSld, B) (Entered: 07/01/2019)

June 28, 2019

June 28, 2019

Appeal Record Sent to Attorney (Non-Electronic or Sealed Portions)

July 1, 2019

July 1, 2019

Request for Non-Electronic or Sealed Record on Appeal

July 1, 2019

July 1, 2019

REQUEST For Record on Appeal by Kyle Martin re 46 Notice of Interlocutory Appeal. Sealed Pleadings requested as ordered by USCA. (aty,Sterritt, James)

July 1, 2019

July 1, 2019

FORWARDED APPEAL RECORD per USCA Order Doc # 48 to James R Sterritt on behalf of Kyle Martin regarding 46 Notice of Interlocutory Appeal. Record sent via E-mail. (crt,WalkerSld, B)

July 1, 2019

July 1, 2019

49

ELECTRONIC MINUTE ENTRY issued by the Clerk. Case reassigned to Magistrate Judge Kayla D McClusky. Magistrate Judge Karen L Hayes no longer assigned to case. Any pending motions and deadlines or hearings previously set before Magistrate Judge Hayes are hereby reset before Magistrate Judge McClusky. All future filings should bear the name of the new judge assignment.Approved by Chief Judge S Maurice Hicks, Jr on 2/23/2021. (crt,Crick, S) (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

Minute Entry/Order Reassigning Case

Feb. 23, 2021

Feb. 23, 2021

50

MOTION to Withdraw Jason B. Nichols as Attorney of Record by Rodney Arbuckle, Kyle Martin. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 3/2/2021. (Attachments: # 1 Proposed order)(Attorney James R Sterritt added to party Rodney Arbuckle(pty:dft))(aty,Sterritt, James) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

51

ORDER granting 50 Motion to Withdraw as Attorney. Attorney Jason Blance Nichols terminated. Signed by Magistrate Judge Kayla D McClusky on 3/3/2021. (crt,Miletello, A) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

52

USCA JUDGMENT/MANDATE (certified copy) as to 46 Notice of Interlocutory Appeal filed by Kyle Martin that the judgment of the District Court is AFFIRMED IN PART and REVERSED IN PART and the cause is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court. (USCA #19-30243) IT IS FURTHER ORDERED that each party bear its own costs on appeal. (crt,WalkerSld, B) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

53

MOTION for James Ashby Davis to Enroll as Counsel by Kyle Martin. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 5/26/2021. (Attachments: # 1 Text of proposed order)(Attorney James Ashby Davis added to party Kyle Martin(pty:dft))(aty,Davis, James) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

54

ORDER granting 53 Motion to Enroll as Counsel. Added as co-counsel. James Ashby Davis for Kyle Martin. Signed by Magistrate Judge Kayla D McClusky on 5/27/2021. (crt,Leday, A) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

55

ORDER: IT IS ORDERED that Hinson's Eighth Amendment claim and Fourth Amendment excessive force claims to the extent they are based on Martin's conduct in apprehending Hinson before he was subdued are DISMISSED WITH PREJUDICE. Hinson still has three claims left for trial. As such, this matter is REFERRED to the Magistrate Judge for a status conference. Signed by Judge Elizabeth E Foote on 6/4/2021. (crt,Keifer, K) (Entered: 06/04/2021)

June 4, 2021

June 4, 2021

56

ORDER : Status Conference set for 6/23/2021 at 3:00 PM by phone before Magistrate Judge Kayla D McClusky. Any party with a preexisting conflict with the conference setting shall promptly arrange a mutually agreeable alternative date/time with all other parties and the court. The Clerk of Court will provide call-in information for the conference via separate email or written notice. Compliance Deadline set 6/16/2021 for Plaintiff to file motion to request appointment of counsel. Signed by Magistrate Judge Kayla D McClusky on 6/7/2021. (Attachments: # 1 Blank Form - Motion Appoint Counsel)(crt,Leday, A) (Entered: 06/07/2021)

June 7, 2021

June 7, 2021

58

MINUTES for proceedings held before Magistrate Judge Kayla D McClusky: SCHEDULING CONFERENCE held on 6/23/2021. Pro Plaintiff Jason Hinson appeared by telephone, but Defendants' counsel did not appear. Mr. Hinson informed the undersigned that he is currently incarcerated and updated his address to Jason Hinson, Doc. #522009, Richland Parish Detention Center, 456 Highway 15, Rayville, LA 71269. The Clerk of Court is instructed to update Mr. Hinson's address in this matter. He also informed the undersigned that he only recently received his mail, including the motion for appointment of counsel form. He is in the process of completing that form and will mail it by the end of this week. Finally, he informed the undersigned that he will remain incarcerated until October 6, 2021, and wants to seek a stay or continuance of the case until after that date. In light of Mr. Hinson's new information and counsel's failure to appear, the undersigned ended the scheduling conference. Once the form seeking appointment of counsel is received, the court will take appropriate action to either refer to counsel or to re-set the conference. The undersigned further notes that Defendants' counsel called immediately after the conference to apologize for missing the conference. (jud,McClusky, Kayla) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

Scheduling Conference

June 23, 2021

June 23, 2021

59

MINUTE ENTRY: Mr. Hinson has failed to file the appointment of counsel form (see 58 Minutes). Compliance Deadline: No later than 8/17/2021 Mr. Hinson shall respond as directed in this minute entry. Signed by Magistrate Judge Kayla D McClusky on 8/10/2021. (crt,Leday, A) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

60

RESPONSE by Jason Hinson re 59 Minute Entry. (Attachments: # 1 Envelope)(crt,Thomas, T) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

61

ORDER: Plaintiff shall complete the Motion for Appointment of Counsel form. Compliance Deadline for Plaintiff to complete form set for 9/6/2021. Signed by Magistrate Judge Kayla D McClusky on 8/27/2021. (Attachments: # 1 Motion for Appointment Form)(crt,Leday, A) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

62

MOTION to Appoint Counsel by Jason Hinson. Motions referred to Magistrate Judge Kayla D McClusky. Motion Ripe Deadline set for 9/1/2021. (Attachments: # 1 Envelope)(crt,Thomas, T) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

63

MEMORANDUM in Opposition re 62 MOTION to Appoint Counsel filed by Kyle Martin. (aty,Davis, James) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

64

MEMORANDUM ORDER granting 62 Motion to Appoint Counsel. Appointed John C Nickelson, Heidi Kemple Martin for Jason Hinson. IT IS FURTHER ORDERED that a telephone scheduling conference is set before the undersigned on September 21, 2021, at 10:00 a.m. Counsel for all parties shall participate. Dial-in instructions will be emailed to counsel by the courtroom deputy. Signed by Magistrate Judge Kayla D McClusky on 9/10/2021. (crt,Leday, A) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

Set/Reset Hearings: Scheduling Conference set for 9/21/2021 at 10:00 AM by phone before Magistrate Judge Kayla D McClusky. (crt,Leday, A)

Sept. 10, 2021

Sept. 10, 2021

Set/Reset Hearings

Sept. 10, 2021

Sept. 10, 2021

65

MOTION to Appoint Counsel by Jason Hinson. Motions referred to Magistrate Judge Kayla D McClusky. Motion Ripe Deadline set for 9/13/2021. (Attachments: # 1 Envelope)(crt,Haik, K) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

66

ORDER denying as moot 65 Motion to Appoint Counsel. Signed by Magistrate Judge Kayla D McClusky on 9/14/2021. (crt,Leday, A) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

67

MINUTES for proceedings held before Magistrate Judge Kayla D McClusky: SCHEDULING CONFERENCE held on 9/21/2021. Present were John Nickelson and Heidi Martin, counsel for Plaintiff, and Ashby Davis, counsel for Defendants. Counsel for Plaintiff were only recently appointed and need a full period of discovery. Accordingly, trial is set for September 12, 2022, before Judge Elizabeth E. Foote. A pre-trial conference is also set before Judge Foote on August 11, 2022, at 10:00 a.m. A scheduling order will issue separately. (jud,McClusky, Kayla) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

68

SCHEDULING ORDER: Jury Trial set for 9/12/2022 at 9:00 AM in Shreveport, Courtroom 2 before Judge Elizabeth E Foote. Pretrial Conference set for 8/11/2022 at 10:00 AM in chambers before Judge Elizabeth E Foote. Pretrial Order due by 8/4/2022. Joinder of Parties and Amendment of Pleadings due by 10/21/2021. Plaintiffs Witness List due by 2/14/2022. Plaintiffs Expert Info/Reports due by 2/14/2022. Defendants Expert Info/Reports due by 3/7/2022. Discovery deadline 3/14/2022. Compel discovery 3/14/2022. Expert Depositions due by 4/13/2022. Dispositive Motions due by 4/13/2022. Daubert Motions due by 5/4/2022. Proposed Pretrial Order inserts and exhibits exchanged by 7/7/2022. Conference/Meeting of counsel to prepare pretrial order to be held by 7/21/2022. Motions in Limine due by 7/28/2022. Trial Brief/Pretrial Submissions due by 9/2/2022. Electronic Exhibits due by 9/2/2022. Trial Depositions due by 8/12/2022. Defendants witness list is due seven(7) days after receipt of plaintiffs list. Signed by Magistrate Judge Kayla D McClusky on 9/21/2021. (crt,Leday, A) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

Scheduling Conference

Sept. 21, 2021

Sept. 21, 2021

69

First MOTION for Extension of Discovery deadline with consent by Jason Hinson. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 3/1/2022. (Attachments: # 1 Proposed order)(aty,Martin, Heidi) (Entered: 03/01/2022)

March 1, 2022

March 1, 2022

70

ORDER granting 69 Motion for Extension of Discovery deadline. IT IS FURTHER ORDERED that all other pending deadlines are maintained at this time. Discovery deadline 4/13/2022. Signed by Magistrate Judge Kayla D McClusky on 3/3/2022. (crt,Leday, A) (Entered: 03/03/2022)

March 3, 2022

March 3, 2022

71

MOTION to Vacate Scheduling Order with opposition by Jason Hinson. Motions referred to Kayla D McClusky. (Attachments: # 1 Text of proposed order)(aty,Nickelson, John) Modified on 4/13/2022 to modify docket text. (Crick, S). (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

Motions Transferred regarding 71 MOTION to Vacate Scheduling Order with opposition., Set/Reset Deadlines as to 71 MOTION to Vacate Scheduling Order with opposition.(Motion Ripe Deadline set for 4/12/2022.) Motions referred to Judge Elizabeth E Foote. (crt,Crick, S)

April 12, 2022

April 12, 2022

Set Motion and R&R Deadlines/Hearings AND Motions Transferred

April 13, 2022

April 13, 2022

72

ORDER granting 71 Motion to Vacate Scheduling Order. All dates and deadlines in the existing scheduling order, Record Document 68, are UPSET. A telephone scheduling conference is set on 5/3/2022, at 9:00 a.m. Signed by Judge Elizabeth E Foote on 4/19/2022. (crt,Keifer, K) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

***Deadlines/Hearings terminated. Set Hearing: District Judge Status Conference set for 5/3/2022 09:00 AM by phone before Judge Elizabeth E Foote. (crt,Keifer, K)

April 19, 2022

April 19, 2022

Set/Reset Hearings AND Terminate Deadlines/Hearings (Private Entry)

April 19, 2022

April 19, 2022

73

MOTION for Nora Ahmed to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5085595) by Jason Hinson. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 4/28/2022. (Attachments: # 1 Declaration of N. Ahmed, # 2 Certificate of good standing, # 3 Proposed order)(aty,Nickelson, John) Modified on 5/2/2022 to indicate form motion submitted at 77 Corrected document (Miletello, A). (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

74

MOTION for Kassandra Maldonado to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5085632) by Jason Hinson. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 4/28/2022. (Attachments: # 1 Declaration of K. Maldonado, # 2 Certificate of good standing, # 3 Proposed order)(aty,Nickelson, John) Modified on 5/2/2022 to indicate form motion submitted at 75 Corrected document (Miletello, A). (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

75

CORRECTIVE DOCUMENT entitled Corrected Motion to Appear Pro Hac Vice filed by Jason Hinson regarding 74 MOTION for Kassandra Maldonado to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5085632) . (aty,Nickelson, John) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

76

MOTION for Stacey Grigsby to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5087292) by Jason Hinson. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 4/29/2022. (Attachments: # 1 Affidavit, # 2 Certificate of good standing, # 3 Text of proposed order)(aty,Nickelson, John) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

77

CORRECTIVE DOCUMENT entitled Corrected Motion for Pro Hac Vice Admission filed by Jason Hinson regarding 73 MOTION for Nora Ahmed to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5085595) . (aty,Nickelson, John) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

78

ORDER granting 73 Motion to Appear Pro Hac Vice for appearance of Nora Sam Ahmed for Jason Hinson. Signed by Magistrate Judge Kayla D McClusky on 5/3/2022. (crt,Leday, A) (Entered: 05/03/2022)

May 3, 2022

May 3, 2022

Case Details

State / Territory:

Louisiana

Case Type(s):

Policing

Key Dates

Filing Date: Feb. 10, 2017

Closing Date: July 25, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An inmate incarcerated at the Elayn Hunt Correction Center in St. Gabriel, Louisiana.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

De Soto Parish Sheriff's Office (De Soto), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Unreasonable search and seizure

Other Dockets:

Western District of Louisiana 5:17-cv-00260

U.S. Court of Appeals for the Fifth Circuit 19-30243

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Personal injury

Policing:

Excessive force

Improper use of canines