Case: Turner v. Schultz

1:99-cv-02232 | U.S. District Court for the District of Colorado

Filed Date: Nov. 11, 1999

Clearinghouse coding complete

Case Summary

On November 11, 1999, an inmate incarcerated at the Federal Penitentiary in Florence, Colorado, filed a Bivens lawsuit against fifteen corrections officers and officials pursuant to 42 U.S.C. § 1983 in the United States District Court for the District of Colorado. The plaintiff, represented by court-appointed counsel, alleged violations of his Fourth and Eighth Amendment rights. Specifically, the plaintiff claimed that several corrections officers, known as the "Cowboys," were liable for mali…

On November 11, 1999, an inmate incarcerated at the Federal Penitentiary in Florence, Colorado, filed a Bivens lawsuit against fifteen corrections officers and officials pursuant to 42 U.S.C. § 1983 in the United States District Court for the District of Colorado. The plaintiff, represented by court-appointed counsel, alleged violations of his Fourth and Eighth Amendment rights. Specifically, the plaintiff claimed that several corrections officers, known as the "Cowboys," were liable for malicious prosecution, cruel and unusual punishment, and the failure to train and supervise their subordinates.

According to the plaintiff, the Cowboys conspired to assault prisoners whom they perceived as disciplinary problems. On August 8, 1996, two of the officers stabbed themselves and then accused the plaintiff. The Cowboys repeatedly brutally beat the plaintiff that day and psychologically abused him for the next two weeks. The abuse ceased when the plaintiff confessed to the stabbing. Although the plaintiff was indicted, the charges against him were dropped on July 28, 1998. The Cowboys, conversely, were criminally indicted under 18 U.S.C. §§ 241, 242. Two officers pled guilty, but the rest opted for trial.

On February 15, 2001, the United States District Court for the District of Colorado (Chief Judge Lewis T. Babcock) dismissed the plaintiff's malicious prosecution and failure to train claims. Turner v. Schultz, 130 F. Supp. 2d 1216 (D. Colo. 2001). The court recognized that a prisoner could not claim malicious prosecution under the Fourth Amendment because a prisoner's freedom cannot be seized wrongfully. Similarly, the court reasoned that the plaintiff could not raise a malicious prosecution claim on a theory of emotional suffering because, under the Prisoner Litigation Reform Act, 42 U.S.C. § 1997e(e), an emotional wrong must be accompanied by a physical injury. The court refused to dismiss the plaintiffs' failure to supervise claims because prison supervisors were aware of the Cowboys' unorthodox behavior and intentionally scheduled them to work together.

On April 12, 2001, seven of the defendants filed a third-party complaint, charging that the United States Department of Justice was required to provide its employees with legal representation. On February 20, 2002, the court interpreted the permissive language in the 28 U.S.C. § 517 and 28 C.F.R. § 50.15(a) as giving the Department of Justice the discretion to choose whether or not to represent its employees. Turner v. Schultz, 187 F. Supp. 2d 1288 (D. Colo. 2002). The court held that the Department of Justice's decision was not judicially reviewable.

On October 3, 2002, the court referred the case to a Magistrate (Judge O. Edward Schlatter) for settlement. It appears that a settlement was reached because the plaintiff moved to dismiss the lawsuit with prejudice on May 20, 2005. The court (Judge Babcock) granted this motion on May 23, 2005.

Summary Authors

Elizabeth Chilcoat (6/15/2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12046049/parties/turner-v-schultz/


Judge(s)

Babcock, Lewis Thornton (Colorado)

Attorneys(s) for Plaintiff

Alper, Michael D. (Colorado)

Baroway, E. Scott (Colorado)

Bisset, Jennifer E. (Colorado)

O'Donnell, Michael L. (Colorado)

Attorneys(s) for Defendant

Fabian, Anthony John (Colorado)

Johns, Paul J. (Colorado)

Kennedy, Edmund Martin (Colorado)

Liechty, Robert Mark (Colorado)

MacFarlane, Neil E. (Colorado)

Judge(s)

Babcock, Lewis Thornton (Colorado)

Attorneys(s) for Plaintiff

Alper, Michael D. (Colorado)

Baroway, E. Scott (Colorado)

Bisset, Jennifer E. (Colorado)

O'Donnell, Michael L. (Colorado)

Attorneys(s) for Defendant

Fabian, Anthony John (Colorado)

Johns, Paul J. (Colorado)

Kennedy, Edmund Martin (Colorado)

Liechty, Robert Mark (Colorado)

MacFarlane, Neil E. (Colorado)

Marks, Josh Adam (Colorado)

Montoya, Gilbert Orlando Jr. (Colorado)

Parker, Kristy (District of Columbia)

Sares, Mark Andrew (Colorado)

Weinman, Tara Kim (Colorado)

Westby, Charles Winfred (Colorado)

Documents in the Clearinghouse

Document

1:99-cv-02232

Docket

June 15, 2006

June 15, 2006

Docket
89

1:99-cv-02232

Opinion

130 F.Supp.2d 1216, 2001 U.S.Dist.LEXIS 2100

Feb. 15, 2001

Feb. 15, 2001

Order/Opinion
126

1:99-cv-02232

Opinion

187 F.Supp.2d 1288, 2002 U.S.Dist.LEXIS 3084

Feb. 20, 2002

Feb. 20, 2002

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12046049/turner-v-schultz/

Last updated Aug. 8, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) issued); jury demand (former empl) (Entered: 11/22/1999)

Nov. 19, 1999

Nov. 19, 1999

PACER

FILING FEE PAID: on 11/19/99 in the amount of $ 150, receipt # 211312. (former empl)

Nov. 19, 1999

Nov. 19, 1999

PACER
2

MEMORANDUM by Magistrate Judge O. E. Schlatter Case reassigned to Judge Lewis T. Babcock (alg) (Entered: 11/30/1999)

Nov. 23, 1999

Nov. 23, 1999

PACER
3

LETTER to plaintiff from clerk of court advising case reassigned to Judge Babcock with action no. 99-B-2232 (former empl) (Entered: 12/01/1999)

Nov. 30, 1999

Nov. 30, 1999

PACER
4

Letter from Jenifer L. Grundy on RETURN OF SERVICE of Summons and Complaint UNEXECUTED - attempted as to defendant Warden Greco (former empl) (Entered: 12/08/1999)

Dec. 6, 1999

Dec. 6, 1999

PACER
5

PROOF OF SERVICE by plaintiff William Vance Turner by attaching return receipt cards executed by or on behalf of dfts named (former empl) (Entered: 01/25/2000)

Jan. 21, 2000

Jan. 21, 2000

PACER
6

Unopposed MOTION by defendant Roderick Schultz, defendant Michael Lavallee, defendant David D. Armstrong, defendant Fnu King, defendant Warden Greco, defendant K. Scott, defendant T. Martinez, defendant Charolette Gutierrez to consolidate and to extend time to 3/24/0000 to answer (former empl) (Entered: 01/25/2000)

Jan. 24, 2000

Jan. 24, 2000

PACER
7

PROOF OF SERVICE by defendant David D. Armstrong of Summons and Complaint by certified mail *note: original receipted card has been placed in a manila envelope and placed in the Exhibit Room in SEALED AREA as counsel indicate it is to be held confidential (former empl) (Entered: 01/28/2000)

Jan. 27, 2000

Jan. 27, 2000

PACER
8

MINUTE ORDER : by Judge Lewis T. Babcock granting motion to consolidate and to extend time to 3/24/0000 to answer [6-1] (cc: all counsel) ; entry date : 2/4/00 (former empl) (Entered: 02/04/2000)

Feb. 2, 2000

Feb. 2, 2000

PACER
9

RETURN RECEIPT FOR CERTIFIED MAIL upon defendant Joel H. Knowles on 2/4/00 (former empl) (Entered: 02/18/2000)

Feb. 16, 2000

Feb. 16, 2000

PACER
10

2nd unopposed MOTION by defts Roderick Schultz, Michael Lavallee, David D. Armstrong, M. Mooneyham, Warden Greco, K. Scott, T. Martinez, Charolette Gutierrez, Joel H. Knowles to consolidate & extend resp time to 4/24/00 (gms) (Entered: 03/23/2000)

March 21, 2000

March 21, 2000

PACER
11

MINUTE ORDER : by Judge Lewis T. Babcock granting second unopposed motion to consolidate & extend resp time to 4/24/00 [10-1] (cc: all counsel) ; entry date : 3/24/00 (former empl) (Entered: 03/24/2000)

March 22, 2000

March 22, 2000

PACER
12

Third Unopposed MOTION by Paul Johns, Assistant US Attorney on behalf defendants who have been sued in their individual capacities, Roderick Schultz, Michael Lavallee, David D. Armstrong, M. Mooneyham, Warden Greco, K. Scott, T. Martinez, Charolette Gutierrez, Joel H. Knowles to extend time to answer to 5/8/00 to allow them to obtain counsel **based on this entry Paul Johns was terminated as counsel for the dfts in this acrtion on 5/10/00 by the docket clerk (former empl) Modified on 05/10/2000 (Entered: 04/25/2000)

April 24, 2000

April 24, 2000

PACER
13

MINUTE ORDER : by Judge Lewis T. Babcock granting 3rd unopposed motion to extend time to answer for the individual dfts is consolidated and extended to 5/8/00 [12-1] (cc: all counsel) ; entry date : 4/26/00 (former empl) (Entered: 04/26/2000)

April 25, 2000

April 25, 2000

PACER
14

MOTION by plaintiff William Vance Turner for order for Bureau of Prisons to Disclose last known address for dfts Wildergrube, Bond and Row (former empl) (Entered: 05/02/2000)

April 28, 2000

April 28, 2000

PACER
15

MOTION by defendant Roderick Schultz to extend resp time to 7/1/00 (gms) (Entered: 05/04/2000)

May 3, 2000

May 3, 2000

PACER
16

MOTION by defts Roderick Schultz, James Bond, Lieutenant Rowe, Charolette Gutierrez to extend time to file resp pleading to 7/1/00 (gms) (Entered: 05/04/2000)

May 3, 2000

May 3, 2000

PACER
17

MOTION by defendant T. Martinez to extend response time to 7/1/00 (gms) (Entered: 05/04/2000)

May 3, 2000

May 3, 2000

PACER
18

MINUTE ORDER : by Judge Lewis T. Babcock denying without prejudice motion for order for Bureau of Prisons to Disclose last known address for dfts Wildergrube, Bond and Row [14-1] (cc: all counsel) ; entry date : 5/5/00 (former empl) (Entered: 05/05/2000)

May 3, 2000

May 3, 2000

PACER
19

MINUTE ORDER : by Judge Lewis T. Babcock granting to 7/1/00 dfts' motion to extend response time to 7/1/00 [17-1], motion to extend time to file resp pleading to 7/1/00 [16-1], motion to extend resp time to 7/1/00 [15-1] (cc: all counsel) ; entry date : 5/9/00 (former empl) (Entered: 05/09/2000)

May 5, 2000

May 5, 2000

PACER
21

MOTION by defendant James Bond pro se to extend time to answer to 7/1/00 (former empl) (Entered: 05/11/2000)

May 5, 2000

May 5, 2000

PACER
20

MOTION by defendant Fnu King, defendant M. Mooneyham, defendant Warden Greco, defendant K. Scott to dismiss (former empl) (Entered: 05/10/2000)

May 8, 2000

May 8, 2000

PACER
22

MINUTE ORDER : by Judge Lewis T. Babcock regarding [20-1] motion to dismiss: pltf's response due 5/30/00 and dfts reply if any due 10 days after that (cc: all counsel) ; entry date : 5/11/00 (former empl) (Entered: 05/11/2000)

May 9, 2000

May 9, 2000

PACER
23

MINUTE ORDER : by Judge Lewis T. Babcock granting motion to extend time to answer to 7/1/00 [21-1] (cc: all counsel) ; entry date : 5/11/00 (former empl) (Entered: 05/11/2000)

May 9, 2000

May 9, 2000

PACER
24

Amended MOTION by defendant T. Martinez to extend time to answer to 7/1/00 (former empl) (Entered: 05/12/2000)

May 9, 2000

May 9, 2000

PACER
25

ATTORNEY APPEARANCE for defendant T. Martinez by (former empl) (Entered: 05/12/2000)

May 9, 2000

May 9, 2000

PACER
26

MINUTE ORDER : by Judge Lewis T. Babcock finding the motion to extend time to answer to 7/1/00 [24-1] moot as already granted 5/3/00 (cc: all counsel) ; entry date : 5/12/00 (former empl) (Entered: 05/12/2000)

May 11, 2000

May 11, 2000

PACER

MAIL Returned minute order [19-1] addressed to defendant Lieutenant Rowe (former empl)

May 15, 2000

May 15, 2000

PACER
27

PROOF OF SERVICE by plaintiff William Vance Turner of certified mail to Lt. Lorna King (former empl) (Entered: 05/17/2000)

May 15, 2000

May 15, 2000

PACER
28

RENEWED MOTION by plaintiff for order for Bureau of Prisons to disclose the last known address for dfts Wildergrube, Bond and Row (former empl) (Entered: 05/17/2000)

May 15, 2000

May 15, 2000

PACER

MAIL Returned minute order [26-1] addressed to defendant Lieutenant Rowe (former empl)

May 17, 2000

May 17, 2000

PACER
29

MINUTE ORDER : by Judge Lewis T. Babcock granting motion for order for Bureau of Prisons to disclose to pltf's counsel the last known address for dfts Wildergrube, Bond and Row [28-1] (cc: all counsel) ; entry date : 5/19/00 (former empl) (Entered: 05/19/2000)

May 18, 2000

May 18, 2000

PACER
30

NOTICE by plaintiff William Vance Turner of withdrawal of motion for order for Bureau of Prisons to disclose the last known address for dfts Wildergrube, Bond and Row [28-1] (former empl) (Entered: 05/19/2000)

May 18, 2000

May 18, 2000

PACER
31

Unopposed MOTION by plaintiff William Vance Turner to extend time 7 days to reply to dfts motion to dismiss (former empl) (Entered: 05/26/2000)

May 25, 2000

May 25, 2000

PACER
32

MINUTE ORDER : by Judge Lewis T. Babcock granting to/including 6/7/00, pltf's motion to extend time 7 days to reply to dfts motion to dismiss [31-1], regarding [20-1] motion to dismiss (cc: all counsel) ; entry date : 5/30/00 (former empl) (Entered: 05/30/2000)

May 30, 2000

May 30, 2000

PACER

MAIL Returned minute order [29-1] addressed to defendant Lieutenant Rowe (former empl)

May 30, 2000

May 30, 2000

PACER
33

MOTION by plaintiff to amend cmp pursuant to Rule 15(a) (former empl) (Entered: 06/08/2000)

June 6, 2000

June 6, 2000

PACER

Tendered Amd Cmp submitted by plaintiff re: motion to amend cmp pursuant to Rule 15(a) [33-1] (former empl)

June 6, 2000

June 6, 2000

PACER
34

RESPONSE by plaintiff to motion to dismiss [20-1] (former empl) (Entered: 06/08/2000)

June 6, 2000

June 6, 2000

PACER
35

MINUTE ORDER : by Judge Lewis T. Babcock granting motion to amend cmp pursuant to Rule 15(a) [33-1] and accepting for filing [0-0] document tendered (cc: all counsel) ; entry date : 6/9/00 (former empl) (Entered: 06/09/2000)

June 8, 2000

June 8, 2000

PACER
36

1st AMENDED COMPLAINT [1-1] by plaintiff William Vance Turner; jury demand terminating defendant Fnu King; adding defendant Lorna King, Terry Hines (former empl) (Entered: 06/09/2000)

June 8, 2000

June 8, 2000

PACER
37

Proof of Service (RETURN RECEIPT FOR CERTIFIED MAIL) upon "signature illegible" for defendant E. Wildergrube on 5/31/00 (former empl) (Entered: 06/13/2000)

June 9, 2000

June 9, 2000

PACER
38

MOTION by defendant M. Mooneyham, defendant Warden Greco, defendant K. Scott, defendant Lorna King to extend time to answer pltf's amended complaint AND pltf's response to their motion to dismiss (former empl) (Entered: 06/21/2000)

June 20, 2000

June 20, 2000

PACER
39

MINUTE ORDER : by Judge Lewis T. Babcock granting to/including 8/1/00 dfts' motion to extend time to answer pltf's amended complaint AND pltf's response to their motion to dismiss [38-1], regarding [20-1] motion to dismiss (cc: all counsel) ; entry date : 6/23/00 (former empl) (Entered: 06/23/2000)

June 21, 2000

June 21, 2000

PACER
40

MOTION by defendant Charolette Gutierrez to extend time to file responsive pleadings, and for appointment of counsel (former empl) (Entered: 06/30/2000)

June 28, 2000

June 28, 2000

PACER
41

ANSWER to complaint [36-1], [1-1] and COUNTERCLAIM by defendant T. Martinez against plaintiff William Vance Turner (gms) (Entered: 07/03/2000)

June 30, 2000

June 30, 2000

PACER

MAIL Returned minute order [39-1] addressed to defendant Lieutenant Rowe (former empl)

July 3, 2000

July 3, 2000

PACER
42

MOTION by defendant Roderick Schultz, defendant Michael Lavallee, defendant James Bond, defendant E. Wildergrube, defendant Charolette Gutierrez to dismiss [pursuant to Rule 12] (former empl) (Entered: 07/05/2000)

July 3, 2000

July 3, 2000

PACER
43

MINUTE ORDER : by Judge Lewis T. Babcock regarding [42-1] motion to dismiss [pursuant to Rule 12] pltf's response due 7/24/00 (cc: all counsel) entry date : 7/5/00 (former empl) (Entered: 07/05/2000)

July 3, 2000

July 3, 2000

PACER
44

MINUTE ORDER : by Judge Lewis T. Babcock denying as moot motion to extend time to file responsive pleadings [40-1], and appointment of counsel [40-2] (cc: all counsel) ; entry date : 7/6/00 (former empl) (Entered: 07/06/2000)

July 5, 2000

July 5, 2000

PACER
45

Un;opposed MOTION by plaintiff William Vance Turner to extend time 10 days to reply to Shultz, etc. motion/dismiss (former empl) (Entered: 07/14/2000)

July 14, 2000

July 14, 2000

PACER
46

ORDER signed 7/14/00, filed 7/17/00 by Chief Judge Lewis T. Babcock granting motion to extend time 10 days to reply to Shultz, etc. motion/dismiss [45-1] and setting reply, if any, due 8/3/00, regarding [42-1] motion to dismiss [pursuant to Rule 12] (cc: all counsel) ; entry date : 7/18/00 (former empl) Modified on 07/18/2000 (Entered: 07/18/2000)

July 17, 2000

July 17, 2000

PACER

MAIL Returned 7/17/00 order [46-1] addressed to Charles Rowe (gms)

July 25, 2000

July 25, 2000

PACER
47

MOTION by defendant T. Martinez to dismiss pursuant to Rule 12(B)(6) (former empl) (Entered: 07/27/2000)

July 26, 2000

July 26, 2000

PACER
48

MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [47-1] motion to dismiss pursuant to Rule 12(B)(6): pltf's response due 8/15/00 and any reply 10 days after (cc: all counsel) ; entry date : 7/27/00 (former empl) (Entered: 07/27/2000)

July 26, 2000

July 26, 2000

PACER
49

MOTION by defendant M. Mooneyham, defendant Warden Greco, defendant K. Scott, defendant Lorna King to dismiss with authorities in response to pltf's amended complaint (former empl) (Entered: 08/02/2000)

Aug. 1, 2000

Aug. 1, 2000

PACER
50

MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [49-1] motion to dismiss with authorities in response to pltf's amended complaint, pltf's response due 8/15/00 and any reply 10 days after that (cc: all counsel) ; entry date : 8/3/00 (former empl) (Entered: 08/03/2000)

Aug. 2, 2000

Aug. 2, 2000

PACER
51

MOTION by plaintiff William Vance Turner to amend complaint (former empl) (Entered: 08/04/2000)

Aug. 3, 2000

Aug. 3, 2000

PACER
52

COMBINED RESPONSE by plaintiff William Vance Turner to motion to dismiss pursuant to Rule 12(B)(6) [47-1], motion to dismiss [pursuant to Rule 12] [42-1] (former empl) (Entered: 08/04/2000)

Aug. 3, 2000

Aug. 3, 2000

PACER
53

MINUTE ORDER : by Chief Judge Lewis T. Babcock denying motion to amend complaint [51-1] without prejudice (cc: all counsel) ; entry date : 8/7/00 (former empl) (Entered: 08/07/2000)

Aug. 4, 2000

Aug. 4, 2000

PACER

MAIL Returned, 8/2/00 minute order [50-1] addressed to Charles Rowe (gms)

Aug. 8, 2000

Aug. 8, 2000

PACER
54

MOTION by defendant Roderick Schultz, defendant Michael Lavallee, defendant James Bond, defendant E. Wildergrube, defendant Charolette Gutierrez for leave to file reply brief (tendered) to response to dfts' motions (former empl) (Entered: 08/16/2000)

Aug. 15, 2000

Aug. 15, 2000

PACER

Tendered Reply submitted by defendant Roderick Schultz, defendant Michael Lavallee, defendant James Bond, defendant E. Wildergrube, defendant Charolette Gutierrez re: motion for leave to file reply brief (tendered) to response to dfts' motions [54-1] (former empl)

Aug. 15, 2000

Aug. 15, 2000

PACER
55

RESPONSE by plaintiff William Vance Turner to motion to dismiss with authorities in response to pltf's amended complaint [49-1] (former empl) (Entered: 08/17/2000)

Aug. 15, 2000

Aug. 15, 2000

PACER
56

AMENDED MOTION by plaintiff William Vance Turner to amend complaint pursuant to Rule 15(a) (former empl) (Entered: 08/17/2000)

Aug. 15, 2000

Aug. 15, 2000

PACER
57

MINUTE ORDER : by Chief Judge Lewis T. Babcock granting motion for leave to file reply brief and accepting for filing the tendered reply to response to dfts' motions [54-1] (cc: all counsel) ; entry date : 8/17/00 (former empl) (Entered: 08/17/2000)

Aug. 15, 2000

Aug. 15, 2000

PACER
58

REPLY by defendant Roderick Schultz, defendant Michael Lavallee, defendant James Bond, defendant E. Wildergrube, defendant Charolette Gutierrez to response to motion to dismiss [pursuant to Rule 12] [42-1] (former empl) (Entered: 08/17/2000)

Aug. 15, 2000

Aug. 15, 2000

PACER
59

MOTION by defendant T. Martinez for leave to file reply brief (former empl) (Entered: 08/17/2000)

Aug. 16, 2000

Aug. 16, 2000

PACER

Tendered Reply in Opposition to Pltf's Response to (his) Motion to DIsmiss submitted by defendant T. Martinez re: motion for leave to file reply brief [59-1] (former empl)

Aug. 16, 2000

Aug. 16, 2000

PACER
60

MINUTE ORDER : by Chief Judge Lewis T. Babcock dfts responses due 8/30/00 regarding [56-1] motion to amend complaint pursuant to Rule 15(a) (cc: all counsel) ; entry date : 8/17/00 (former empl) (Entered: 08/17/2000)

Aug. 16, 2000

Aug. 16, 2000

PACER
61

MINUTE ORDER : by Chief Judge Lewis T. Babcock acceptint for filing [0-0] document tendered after granting motion for leave to file reply brief [59-1] (cc: all counsel) ; entry date : 8/21/00 (former empl) (Entered: 08/21/2000)

Aug. 17, 2000

Aug. 17, 2000

PACER
62

REPLY in Opposition by defendant T. Martinez to response to hims motion to dismiss pursuant to Rule 12(B)(6) [47-1] (former empl) (Entered: 08/21/2000)

Aug. 17, 2000

Aug. 17, 2000

PACER
63

MOTION by defendant M. Mooneyham, defendant Warden Greco, defendant K. Scott, defendant Lorna King for leave to file reply to support their motion/dismiss (tendered) (former empl) (Entered: 09/05/2000)

Sept. 1, 2000

Sept. 1, 2000

PACER

Tendered Reply in Support of Motion/Dismiss submitted by defendant M. Mooneyham, defendant Warden Greco, defendant K. Scott, defendant Lorna King re: motion for leave to file reply to support their motion/dismiss (tendered) [63-1] (former empl)

Sept. 1, 2000

Sept. 1, 2000

PACER
64

MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [0-0] document tendered, granting motion for leave to file reply to support their motion/dismiss and accepting tendered document for filing [63-1] (cc: all counsel) ; entry date : 9/7/00 (former empl) (Entered: 09/07/2000)

Sept. 5, 2000

Sept. 5, 2000

PACER
65

REPLY by defendant M. Mooneyham, defendant Warden Greco, defendant K. Scott, defendant Fnu King to response to motion to dismiss with authorities in response to pltf's amended complaint [49-1] (former empl) (Entered: 09/07/2000)

Sept. 5, 2000

Sept. 5, 2000

PACER
66

Renewed MOTION by plaintiff William Vance Turner for order for Bureau of Prisons to disclose last known address for dfts Rowe and Hines (former empl) (Entered: 10/02/2000)

Sept. 28, 2000

Sept. 28, 2000

PACER
67

ORDER signed 9/28/00, filed 9/29/00 by Chief Judge Lewis T. Babcock granting motion for order for Bureau of Prisons to disclose last known address for dfts Rowe and Hines [66-1] (cc: all counsel) ; entry date : 10/2/00 (former empl) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

PACER
68

MOTION by defendant Lieutenant Rowe, defendant Terry Hines to dismiss pursuant to Rule 12 (former empl) (Entered: 10/16/2000)

Oct. 11, 2000

Oct. 11, 2000

PACER
69

MINUTE ORDER : by Chief Judge Lewis T. Babcock pltf has to/including 11/1/00 to respond regarding [68-1] motion to dismiss pursuant to Rule 12 (cc: all counsel) ; entry date : 10/16/00 (former empl) (Entered: 10/16/2000)

Oct. 12, 2000

Oct. 12, 2000

PACER
70

RESPONSE by plaintiff William Vance Turner to motion to dismiss pursuant to Rule 12 [68-1] (former empl) (Entered: 10/20/2000)

Oct. 19, 2000

Oct. 19, 2000

PACER
71

MOTION by plaintiff William Vance Turner for leave to file combined supplement to pltf's response to motion to dismiss filed by dfts (former empl) (Entered: 11/08/2000)

Nov. 7, 2000

Nov. 7, 2000

PACER

Tendered Combined Supplement to pltf's response to motion/dismiss filed by dfts submitted by plaintiff William Vance Turner re: motion for leave to file combined supplement to pltf's response to motion to dismiss filed by dfts [71-1] (former empl)

Nov. 7, 2000

Nov. 7, 2000

PACER
72

MOTION by plaintiff William Vance Turner to extend time to file an amended complaint and/or combined supplement to pltf's response to motion dismiss of dfts Shultz, etc.... (former empl) (Entered: 11/15/2000)

Nov. 9, 2000

Nov. 9, 2000

PACER
73

Proof of Service with copy and original of Sheirff's Affidavit (RETURN) OF SERVICE of Summons and Complaint upon defendant Joel H. Knowles on 10/26/00 by leaving with Penny Knowles wife (former empl) (Entered: 11/15/2000)

Nov. 9, 2000

Nov. 9, 2000

PACER
74

MOTION by plaintiff William Vance Turner to strike motion for leave to file combined supplement to pltf's response to motion to dismiss filed by dfts [71-1] (former empl) (Entered: 11/15/2000)

Nov. 9, 2000

Nov. 9, 2000

PACER
75

MINUTE ORDER : by Chief Judge Lewis T. Babcock granting motion to strike motion for leave to file combined supplement to pltf's response to motion to dismiss filed by dfts [71-1] [74-1] motion for leave to file combined supplement to pltf's response to motion to dismiss filed by dfts [71-1], granting motion to extend time to file an amended complaint and/or combined supplement to pltf's response to motion dismiss of dfts Shultz, etc.... [72-1], striking motion for leave to file combined supplement to pltf's response to motion to dismiss filed by dfts [71-1] (cc: all counsel) ; entry date : 11/15/00 (former empl) (Entered: 11/15/2000)

Nov. 13, 2000

Nov. 13, 2000

PACER
76

MOTION by plaintiff William Vance Turner to amend complaint [36-1], complaint [1-1] 2nd amended complaint tendered separately (former empl) (Entered: 12/13/2000)

Dec. 12, 2000

Dec. 12, 2000

PACER

Tendered 2nd Amended Complaint and Jury Demand submitted by plaintiff William Vance Turner re: motion to amend complaint [36-1], complaint [1-1] [76-1] (former empl)

Dec. 12, 2000

Dec. 12, 2000

PACER
77

MINUTE ORDER : by Chief Judge Lewis T. Babcock. Defts have to 12/27/00 to respond to pla's [76-1] motion to amend complaint [36-1], complaint [1-1] (cc: all counsel) ; entry date : 12/15/00 (gms) (Entered: 12/15/2000)

Dec. 12, 2000

Dec. 12, 2000

PACER
78

Unopposed MOTION by defendant Joel H. Knowles to extend time response time to 2/24/01 (gms) (Entered: 12/20/2000)

Dec. 19, 2000

Dec. 19, 2000

PACER
79

MINUTE ORDER : by Chief Judge Lewis T. Babcock granting motion to extend time response time to 2/24/01 [78-1] (cc: all counsel) ; entry date : 12/26/00 (former empl) (Entered: 12/26/2000)

Dec. 22, 2000

Dec. 22, 2000

PACER
80

MINUTE ORDER : by Chief Judge Lewis T. Babcock granting Defendant Knowles motion to extend time response time to 2/24/01 [78-1] (cc: all counsel) ; entry date : 12/26/00 (former empl) (Entered: 12/26/2000)

Dec. 22, 2000

Dec. 22, 2000

PACER
81

RESPONSE by defendants K. Scott, Lorna King, M. Mooneyham, Warden Greco to motion to amend complaint [36-1], complaint [1-1] (former empl) (Entered: 12/29/2000)

Dec. 27, 2000

Dec. 27, 2000

PACER
82

RESPONSE by defendants Roderick Schultz, Michael Lavallee, James Bond, Lieutenant Rowe, E. Wildergrube, Charolette Gutierrez, Terry Hines to motion to amend complaint [36-1], complaint [1-1] [76-1] (former empl) (Entered: 12/29/2000)

Dec. 27, 2000

Dec. 27, 2000

PACER
83

MINUTE ORDER by Chief Judge Lewis T. Babcock GRANTING motion to amend complaint [36-1], complaint [1-1] [76-1] (cc: all counsel) ; entry date : 12/29/00 (former empl) (Entered: 12/29/2000)

Dec. 28, 2000

Dec. 28, 2000

PACER
84

2nd AMENDED COMPLAINT [1-1], [36-1]; jury demand terminating defendant Lorna King; reinstating defendant Lieutenant FNU King (former empl) (Entered: 12/29/2000)

Dec. 28, 2000

Dec. 28, 2000

PACER
85

ANSWER by defendant Roderick Schultz, defendant Michael Lavallee, defendant James Bond, defendant Lieutenant Rowe, defendant T. Martinez, defendant Charolette Gutierrez, defendant Terry Hines to second amended complaint [84-1] (former empl) (Entered: 01/08/2001)

Jan. 5, 2001

Jan. 5, 2001

PACER
86

Third MOTION by dfts K. Scott, Lieutenant King, M. Mooneyham, Warden Greco to dismiss in response to pla's second amd cmp (lam) (Entered: 01/16/2001)

Jan. 11, 2001

Jan. 11, 2001

PACER
87

MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [86-1] motion to dismiss: pltf's response is due 2/1/01 and dfts have 10 days after to reply (cc: all counsel) ; entry date : 1/17/01 (former empl) (Entered: 01/17/2001)

Jan. 12, 2001

Jan. 12, 2001

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Nov. 11, 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoner alleging he was physically assaulted by employees of the United States Bureau of Prisons

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Corrections Officers (as individuals), Federal

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

General:

Access to lawyers or judicial system

Disciplinary procedures

Type of Facility:

Government-run