Case: Smith & Rudd v. Norris

5:93-cv-00732 | U.S. District Court for the Eastern District of Arkansas

Filed Date: Dec. 6, 1993

Closed Date: July 28, 1997

Clearinghouse coding complete

Case Summary

This lawsuit was the result of a stabbing incident at the Cummins Unit of the Arkansas Department of Corrections. An inmate stabbed two other inmates with a hobby knife. Ernest Smith was injured in the attack and John Stewart died as a result. Smith filed a lawsuit on December 6, 1993 in the United States District Court for the Eastern District of Arkansas against the Arkansas Department of Corrections under 42 U.S.C. § 1983 seeking damages for his injuries. He claimed that the prison condi…

This lawsuit was the result of a stabbing incident at the Cummins Unit of the Arkansas Department of Corrections. An inmate stabbed two other inmates with a hobby knife. Ernest Smith was injured in the attack and John Stewart died as a result. Smith filed a lawsuit on December 6, 1993 in the United States District Court for the Eastern District of Arkansas against the Arkansas Department of Corrections under 42 U.S.C. § 1983 seeking damages for his injuries. He claimed that the prison conditions at the time, including officials' failure to protect him, violated his Eighth Amendment right to be free from cruel and unusual punishment in the form of an attack from a fellow inmate. Smith also sought injunctive relief to remedy the current conditions of confinement. Stewart's estate also filed a lawsuit on December 6, 1993, making the same claims. The district court determined that Smith lacked standing to seek injunctive relief concerning the current prison conditions because he had been transferred from the facility but allowed him to add a co-plaintiff, Jimmy Rudd.

In Smith's case, on February 23, 1995, the court (Judge G. Thomas Eisele) granted Rudd's request for declaratory relief, requiring defendants to station two correctional officers inside the open barracks and to document and record all entries and exits of prison personnel into or out of the open barracks. Smith v. Norris, 877 F.Supp. 1296 (E.D. Ark. 1995). The court also determined that defendants were not entitled to qualified immunity regarding Smith's claims for damages and granted Smith partial summary judgment regarding his injuries. The court did not grant injunctive relief regarding the prison's policy of allowing inmates to possess dangerous tools because the prison had already changed the policy. On February 27, 1995, Judge Eisele denied defendants' motion to stay the judgment pending their appeal.

In the Stewart case, the court determined that the issues were exactly the same as in the Smith/Rudd case. An order by Judge Henry Woods on December 19, 1996 consolidated the two cases.

The Eight Circuit Court of Appeals (Judge David Hansen) affirmed the grant of injunctive relief to Rudd. Smith v. Arkansas Dept. of Correction, 103 F.3d 637 (8th Cir. 1996). The Court of Appeals found that the district court erred in granting summary judgment to Smith because there were disputed facts regarding whether the prison was complying with safety standards set by a previous case. (Finney v. Mabry, 546 F.Supp. 628 (E.D. Ark. 1982). (PC-AR-003) The court affirmed the denial of qualified immunity in both cases and reversed the grant of summary judgment. The case was remanded for a trial on the merits. The parties entered into a settlement and on July 28, 1997, Judge Eisele dismissed the case.

Summary Authors

Angela Heverling (3/20/2006)

People


Judge(s)

Eisele, Garnett Thomas (Arkansas)

Hansen, David Rasmussen (Iowa)

Attorneys(s) for Plaintiff

Crisp, Hugh E. (Arkansas)

James, Paul Joseph (Arkansas)

Attorneys(s) for Defendant

Eberhard, David B. (Arkansas)

Wilson, Kyle R. (Arkansas)

Woods, Grant (Arizona)

Judge(s)

Eisele, Garnett Thomas (Arkansas)

Hansen, David Rasmussen (Iowa)

Attorneys(s) for Plaintiff

Crisp, Hugh E. (Arkansas)

James, Paul Joseph (Arkansas)

Attorneys(s) for Defendant

Eberhard, David B. (Arkansas)

Wilson, Kyle R. (Arkansas)

Woods, Grant (Arizona)

Documents in the Clearinghouse

Document

5:93-cv-00731

Docket (PACER)

Smith v. Arkansas DOC

July 28, 1997

July 28, 1997

Docket

5:93-cv-00732

Docket (PACER)

Smith v. Arkansas DOC

July 28, 1997

July 28, 1997

Docket
108

5:93-cv-00731

Partial Summary Judgment

Feb. 23, 1995

Feb. 23, 1995

Order/Opinion
107

5:93-cv-00731

Memorandum Opinion

Feb. 23, 1995

Feb. 23, 1995

Order/Opinion
109

5:93-cv-00731

Declaratory Judgment & Injunction

Feb. 23, 1995

Feb. 23, 1995

Order/Opinion
113

5:93-cv-00731

Order

Feb. 27, 1995

Feb. 27, 1995

Order/Opinion

95-01565

95-02744

Reported Opinion

Smith v. Arkansas DOC

U. S. Court of Appeals for the Eighth Circuit

Dec. 18, 1996

Dec. 18, 1996

Order/Opinion

Docket

Last updated Aug. 31, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with JURY DEMAND (Summons(es) issued) and returned to: attorney for service (former empl) (Entered: 12/06/1993)

Dec. 6, 1993

Dec. 6, 1993

2

RETURN OF SERVICE executed upon defendant James Banks on 12/8/93 (former empl) (Entered: 12/10/1993)

Dec. 10, 1993

Dec. 10, 1993

3

RETURN OF SERVICE executed upon defendant John Hood on 12/8/93 (former empl) (Entered: 12/10/1993)

Dec. 10, 1993

Dec. 10, 1993

4

RETURN OF SERVICE executed upon defendant J Cleveland on 12/8/93 (former empl) (Entered: 12/10/1993)

Dec. 10, 1993

Dec. 10, 1993

5

RETURN OF SERVICE executed upon defendant R R Wood on 12/8/93 (former empl) (Entered: 12/10/1993)

Dec. 10, 1993

Dec. 10, 1993

6

RETURN OF SERVICE executed upon defendant A J Hall on 12/8/93 (former empl) (Entered: 12/10/1993)

Dec. 10, 1993

Dec. 10, 1993

7

RETURN OF SERVICE executed upon defendant Willis H Sargent on 12/8/93 (former empl) (Entered: 12/10/1993)

Dec. 10, 1993

Dec. 10, 1993

8

RETURN OF SERVICE executed upon defendant Larry Norris on 12/8/93 (former empl) (Entered: 12/10/1993)

Dec. 10, 1993

Dec. 10, 1993

9

ANSWER by defendants Arkansas Corr Dept, A L Lockhart, Larry Norris, Willis H Sargent, A J Hall, R R Wood, J Cleveland, John Hood, James Banks (jap) (Entered: 12/30/1993)

Dec. 28, 1993

Dec. 28, 1993

10

WAIVER OF SERVICE OF SUMMONS upon defendant A L Lockhart on 12/8/93 (former empl) (Entered: 01/14/1994)

Jan. 14, 1994

Jan. 14, 1994

11

Answers by defendant John Hood to first set of interrogatories (former empl) Modified on 03/22/1994 (Entered: 03/22/1994)

March 21, 1994

March 21, 1994

12

Answers by defendant J Cleveland to first set of interrogatories (former empl) Modified on 03/22/1994 (Entered: 03/22/1994)

March 21, 1994

March 21, 1994

13

Answers by defendant R R Wood to first set of interrogatories (former empl) (Entered: 03/22/1994)

March 21, 1994

March 21, 1994

14

Answers by defendant James Banks to first set of interrogatories (former empl) (Entered: 03/22/1994)

March 21, 1994

March 21, 1994

15

Answers by defendant A J Hall to first set of interrogatories (former empl) (Entered: 03/22/1994)

March 21, 1994

March 21, 1994

16

Answers by defendant Willis H Sargent to first set of interrogatories (former empl) (Entered: 03/22/1994)

March 21, 1994

March 21, 1994

17

SCHEDULING ORDER: (DOCmh); jury trial set for 9:00 1/9/95; discovery due 11/14/94; status report due 11/14/94; pretrial info sheet due 12/19/95 EOD 5/9/94 (cc: all counsel) (former empl) (Entered: 05/09/1994)

May 9, 1994

May 9, 1994

18

MOTION by defendant Arkansas Corr Dept for summary judgment , or in the alternative to dismiss (former empl) (Entered: 05/20/1994)

May 19, 1994

May 19, 1994

19

BRIEF by defendant Arkansas Corr Dept in support of motion for summary judgment or in the alternative to dismiss [18-1] [18-2] (former empl) (Entered: 05/20/1994)

May 19, 1994

May 19, 1994

20

STATEMENT OF FACTS (Rule 29) by defendant Arkansas Corr Dept in support of motion for summary judgment or in the alternative to dismiss [18-1] [18-2] (former empl) (Entered: 05/20/1994)

May 19, 1994

May 19, 1994

21

MOTION by plaintiff to compel defendants to respond to requests for production (jap) (Entered: 05/20/1994)

May 19, 1994

May 19, 1994

22

BRIEF by plaintiff in support of motion to compel defendants to respond to requests for production [21-1] (jap) (Entered: 05/20/1994)

May 19, 1994

May 19, 1994

23

RESPONSE by defts to pltf's motion to compel [21-1] (vjt) Modified on 04/11/1995 (Entered: 06/06/1994)

June 3, 1994

June 3, 1994

24

REPLY by plaintiff to response to motion to compel defendants to respond to requests for production [21-1] (former empl) (Entered: 06/09/1994)

June 8, 1994

June 8, 1994

25

MEMORANDUM BRIEF by plaintiff in support of motion reply [24-1] (former empl) (Entered: 06/09/1994)

June 8, 1994

June 8, 1994

26

RESPONSE by defendant Arkansas Corr Dept to plaintiff's 1st set of interrogs & requests for production (former empl) (Entered: 06/15/1994)

June 13, 1994

June 13, 1994

27

ORDER by Judge G. T. Eisele for plaintiff to respond to defendants' motion for summary judgment or to dismiss 10 days from the date that the plaintiff obtains the discovery materials that he seeks. EOD 7/5/94 (cc: all counsel) (former empl) (Entered: 07/05/1994)

July 5, 1994

July 5, 1994

28

CLERK'S MINUTES: HEARING before Judge G. Thomas Eisele on motion to compel. (mah) (Entered: 07/14/1994)

July 14, 1994

July 14, 1994

29

ORDER by Judge G. T. Eisele dismissing as moot in part & granting in part plaintiff's motion to compel defendants to respond to requests for production [21-1] all counsel) (former empl) (Entered: 07/19/1994)

July 18, 1994

July 18, 1994

30

RESPONSE by plaintiff to motion for summary judgment [18-1] (former empl) (Entered: 07/26/1994)

July 25, 1994

July 25, 1994

31

MEMORANDUM BRIEF by plaintiff in support of motion response [30- 1] (former empl) (Entered: 07/26/1994)

July 25, 1994

July 25, 1994

32

NOTICE by plaintiff Ernest Smith of taking depo of A. L. Lockhart on 08/22/94 (former empl) (Entered: 08/16/1994)

Aug. 12, 1994

Aug. 12, 1994

33

NOTICE by plaintiff Ernest Smith of taking depo of Larry Norris on 08/22/94 (former empl) (Entered: 08/16/1994)

Aug. 12, 1994

Aug. 12, 1994

34

NOTICE by plaintiff Ernest Smith of taking depo of M. D. Reed on 08/22/94 (former empl) (Entered: 08/16/1994)

Aug. 12, 1994

Aug. 12, 1994

35

NOTICE by plaintiff Ernest Smith of taking depo of Willis H. Sargent on 08/22/94 (former empl) (Entered: 08/16/1994)

Aug. 12, 1994

Aug. 12, 1994

36

MOTION by plaintiff for partial summary judgment regarding inadequate supervision and hobby craft policy (bfw) (Entered: 10/17/1994)

Oct. 14, 1994

Oct. 14, 1994

37

MEMORANDUM by plaintiff in support of motion for partial summary judgment regarding inadequate supervision and hobby craft policy [36-1] (bfw) (Entered: 10/17/1994)

Oct. 14, 1994

Oct. 14, 1994

38

STATEMENT OF Undisputed FACTS by plaintiff in support of motion for partial summary judgment regarding inadequate supervision and hobby craft policy [36-1] (bfw) (Entered: 10/17/1994)

Oct. 14, 1994

Oct. 14, 1994

39

MOTION by plaintiff for hearing for declaratory and injunctive relief (bfw) (Entered: 10/17/1994)

Oct. 14, 1994

Oct. 14, 1994

40

MOTION by plaintiff to amend complaint to join additional defendants (bfw) (Entered: 10/17/1994)

Oct. 14, 1994

Oct. 14, 1994

41

Exhibits (Volume 1) by plaintiff re motion for partial summary judgment regarding inadequate supervision and hobby craft policy [36-1] (bfw) (Entered: 10/17/1994)

Oct. 14, 1994

Oct. 14, 1994

42

Exhibits (Volume 2) filed by plaintiff re motion for partial summary judgment regarding inadequate supervision and hobby craft policy [36-1] (bfw) (Entered: 10/17/1994)

Oct. 14, 1994

Oct. 14, 1994

43

MOTION by defendants Willis H Sargent, Larry Norris and A L Lockhart to extend time for responding to motion for partial summary judgment (former empl) (Entered: 10/24/1994)

Oct. 21, 1994

Oct. 21, 1994

44

ORDER by Judge G. T. Eisele granting motion to extend time until 11/03/94 for responding to motion for partial summary judgment [43-1] [36-1] (cc: all counsel) (former empl) (Entered: 10/25/1994)

Oct. 24, 1994

Oct. 24, 1994

45

RESPONSE by defendants Willis H Sargent, Larry Norris, A L Lockhart to motion for partial summary judgment regarding inadequate supervision and hobby craft policy [36-1] (former empl) (Entered: 11/04/1994)

Nov. 3, 1994

Nov. 3, 1994

46

STATEMENT OF FACTS (Rule 29) by defendants Willis H Sargent, Larry Norris and A L Lockhart in support of motion response [45-1] (former empl) (Entered: 11/04/1994)

Nov. 3, 1994

Nov. 3, 1994

47

WRITTEN STATUS REPORT by plaintiff Ernest Smith (former empl) (Entered: 11/14/1994)

Nov. 14, 1994

Nov. 14, 1994

48

MOTION by plaintiff Ernest Smith to extend time for filing a reply to response to motion for summary judgment (former empl) (Entered: 11/14/1994)

Nov. 14, 1994

Nov. 14, 1994

49

ORDER by Judge G. T. Eisele granting motion to extend time until 11/22/94 for filing a reply to response to motion for summary judgment [48-1] (cc: all counsel) (former empl) (Entered: 11/16/1994)

Nov. 15, 1994

Nov. 15, 1994

50

REPLY by plaintiff to response to motion for partial summary judgment [36-1] (jap) (Entered: 11/23/1994)

Nov. 22, 1994

Nov. 22, 1994

51

MEMORANDUM Brief by plaintiff in support of reply to defendants response to plaintiff's motion for partial summary judgment [50-1] (jap) (Entered: 11/23/1994)

Nov. 22, 1994

Nov. 22, 1994

52

MOTION by defendants James Banks, J Cleveland, R R Wood, A J Hall, Willis H Sargent, Larry Norris, A L Lockhart and Arkansas Corr Dept for summary judgment (former empl) (Entered: 12/01/1994)

Nov. 28, 1994

Nov. 28, 1994

53

BRIEF by defendants James Banks, J Cleveland, R R Wood, A J Hall, Willis H Sargent, Larry Norris, A L Lockhart & Arkansas Corr Dept in support of motion for summary judgment [52-1] (former empl) (Entered: 12/01/1994)

Nov. 28, 1994

Nov. 28, 1994

54

STATEMENT OF FACTS (Rule 29) by defendants James Banks, J Cleveland, R R Wood, A J Hall, Willis H Sargent, Larry Norris, A L Lockhart and Arkansas Corr Dept in support of motion for summary judgment [52-1] (former empl) (Entered: 12/01/1994)

Nov. 28, 1994

Nov. 28, 1994

55

NOTICE by plaintiff Ernest Smith of taking depo of J. Cleveland on 12/15/94 (former empl) Modified on 12/01/1994 (Entered: 12/01/1994)

Nov. 29, 1994

Nov. 29, 1994

56

NOTICE by plaintiff Ernest Smith of taking depo of W. D. Reed on 12/15/94 (former empl) (Entered: 12/01/1994)

Nov. 29, 1994

Nov. 29, 1994

57

Letter/ORDER by Judge G. T. Eisele, allowing parties 10 days to respond to motion to amend complaint [40-1]; parties are directed to supplement their motions for summary judgment with 10 days [52-1] [36-1] (cc: all counsel) (former empl) Modified on 01/20/1995 (Entered: 12/13/1994)

Dec. 12, 1994

Dec. 12, 1994

58

MEMORANDUM OPINION and Order by Judge G. T. Eisele finding the motion for summary judgment moot [18-1]; granting motion to by ADC [18-2]; terminating party Arkansas Corr Dept (cc: all counsel) (former empl) Modified on 12/13/1994 (Entered: 12/13/1994)

Dec. 12, 1994

Dec. 12, 1994

59

RESPONSE by plaintiff to motion for summary judgment [52-1] (bmt) (Entered: 12/15/1994)

Dec. 14, 1994

Dec. 14, 1994

60

MEMORANDUM by plaintiff in support of response to motion for summary judgment [59-1] (bmt) (Entered: 12/15/1994)

Dec. 14, 1994

Dec. 14, 1994

61

STATEMENT OF CONTESTED FACTS (Rule 29) by plaintiff [59-1] (bmt) (Entered: 12/15/1994)

Dec. 14, 1994

Dec. 14, 1994

62

Amended SCHEDULING ORDER: (DOC) jury trial rescheduled for 9:00 on 2/13/95; discovery due 12/19/94; status report due 12/19/94; pretrial info sheet due 1/23/95 (cc: all counsel) (former empl) (Entered: 12/16/1994)

Dec. 14, 1994

Dec. 14, 1994

63

REQUEST by plaintiff Ernest Smith for admissions propounded to defendants (former empl) (Entered: 12/19/1994)

Dec. 16, 1994

Dec. 16, 1994

64

REPLY by defendants to response to motion for summary judgment [52- 1] (former empl) Modified on 04/11/1995 (Entered: 12/20/1994)

Dec. 19, 1994

Dec. 19, 1994

65

MOTION by plaintiff Ernest Smith to amend complaint (former empl) (Entered: 12/22/1994)

Dec. 21, 1994

Dec. 21, 1994

66

NOTICE by defendants of filing exhibits to reply to plaintiff's response to defendants motion for summary judgment (former empl) Modified on 04/11/1995 (Entered: 12/22/1994)

Dec. 21, 1994

Dec. 21, 1994

67

RESPONSE by defendants to motion to amend complaint [65-1] (bmt) Modified on 04/11/1995 (Entered: 12/23/1994)

Dec. 22, 1994

Dec. 22, 1994

68

RESPONSE by plaintiff Ernest Smith to defendants request for sanctions (former empl) (Entered: 12/27/1994)

Dec. 22, 1994

Dec. 22, 1994

69

NOTICE by plaintiff Ernest Smith of taking depo of J. Cleveland on 01/17/95 (former empl) (Entered: 01/13/1995)

Jan. 12, 1995

Jan. 12, 1995

70

NOTICE by plaintiff Ernest Smith of taking depo of M. D. Reed on 01/17/95 (former empl) (Entered: 01/13/1995)

Jan. 12, 1995

Jan. 12, 1995

71

CLERK'S MINUTES: HEARING (Ph.Cf.) before Judge G. Thomas Eisele. Court advises parties that orders will be entered this date dealing with all pending motions. Court further advises parties that pltf's. jury trial will be postponed until a hearing on the injunctive relief requested is heard and ruled upon; that hearing to commence on 2/13/95 @ 9:00 a.m.; Deft's. oral motion for continuance DENIED. HEARING resumed in the afternoon. Court directs deft. to have pltf. present at Dr. Hixson's office in L.R. at 2:00 p.m. on 1/18/95 for examination and for taking of video deposition of Dr. Hixson. (Carolyn Fant, Reporter) (mah) (Entered: 01/17/1995)

Jan. 17, 1995

Jan. 17, 1995

72

ORDER by Judge G. T. Eisele directing ADC to produce inmate Ernest Smith at the office of Dr. Marcia Hixson on 01/18/95 for medical examination (cc: all counsel) (former empl) (Entered: 01/20/1995)

Jan. 17, 1995

Jan. 17, 1995

73

Memorandum Opinion and ORDER by Judge G. T. Eisele granting in part and denying in part the motion to amend complaint [65-1]; plaintiff will allowed to add Jimmy Rudd as additional plaintiff; denying motion for hearing for and injunctive relief [39-1]; plaintiff's request for class certification is denied (cc: all counsel) (former empl) Modified on 01/20/1995 (Entered: 01/20/1995)

Jan. 17, 1995

Jan. 17, 1995

74

ORDER by Judge G. T. Eisele granting in part and denying in part the motion to amend complaint to join additional defendants [40-1]; plaintiff will be allowed to add Dale Reed in his official and individual capacities as a defendant in this action (cc: all counsel) (former empl) (Entered: 01/20/1995)

Jan. 17, 1995

Jan. 17, 1995

75

MOTION by defendants to continue discovery responses (former empl) Modified on 04/11/1995 (Entered: 01/20/1995)

Jan. 18, 1995

Jan. 18, 1995

76

ORDER by Judge G. T. Eisele granting motion to continue discovery responses [75-1]; defendants shall have until 5:00 pm on 01/27/95 to file responses to plaintiff's discovery requests with the Court (cc: all counsel) (former empl) (Entered: 01/20/1995)

Jan. 18, 1995

Jan. 18, 1995

77

RESPONSE by defendants to plaintiff's first set of requests for admission [63-1] (former empl) Modified on 04/11/1995 (Entered: 01/20/1995)

Jan. 18, 1995

Jan. 18, 1995

78

AMENDED complaint by plaintiff Ernest Smith adding plaintiff Jimmy Rudd and defendant Dale Reed [1-1] (former empl) (Entered: 01/20/1995)

Jan. 19, 1995

Jan. 19, 1995

79

NOTICE by plaintiffs of taking depo of J. Cleveland on 01/31/95 (former empl) Modified on 01/23/1995 (Entered: 01/23/1995)

Jan. 20, 1995

Jan. 20, 1995

80

NOTICE by plaintiffs of taking depo of Dale Reed on 01/31/95(former empl) Modified on 01/23/1995 (Entered: 01/23/1995)

Jan. 20, 1995

Jan. 20, 1995

82

BRIEF by defendants in support of motion to continue [81-1] (former empl) Modified on 04/11/1995 (Entered: 01/23/1995)

Jan. 20, 1995

Jan. 20, 1995

83

ORDER by Judge G. T. Eisele pltts is directed to file a resp to the motion for continuance by 1/17/95 [81-1]; the filing of any submissions required by the Court's amended scheduling order is stayed until the court rules upon the present motion (cc: all counsel) (bmt) (Entered: 01/25/1995)

Jan. 24, 1995

Jan. 24, 1995

84

RESPONSE by plaintiffs to motion to continue [81-1] (bmt) (Entered: 01/26/1995)

Jan. 26, 1995

Jan. 26, 1995

85

BRIEF by plaintiffs in support of response to defts' motion for continuance [84-1] (bmt) (Entered: 01/26/1995)

Jan. 26, 1995

Jan. 26, 1995

86

RETURN OF SERVICE executed upon defendant Dale Reed on 1/20/95 (bfw) Modified on 02/06/1995 (Entered: 01/30/1995)

Jan. 26, 1995

Jan. 26, 1995

87

CLERK'S MINUTES: HEARING before Judge G. Thomas Eisele on deft's. motion for continuance. Motion denied. (mah) Modified on 02/06/1995 (Entered: 01/27/1995)

Jan. 27, 1995

Jan. 27, 1995

88

ANSWER to Amended Complaint by defts Lockhart, Norris, Sargent, Reed, Hall, Wood, Cleveland, Hood and Banks (bfw) (Entered: 01/30/1995)

Jan. 27, 1995

Jan. 27, 1995

89

ORDER by Judge G. T. Eisele denying defendants' motion to continue [81-1]; defts granted until 5:00 p.m. on 2/3/95 to file any motion raising issues under the Supreme Ct decision Farmer v. Brennan; defts to respond to pltfs' discovery requests by 5:00 p. m. on 1/30/95 and 1/31/95 (cc: all counsel) (bfw) (Entered: 01/30/1995)

Jan. 27, 1995

Jan. 27, 1995

90

RESPONSE by defendants to request for admissions [63-1] [90-1] (former empl) Modified on 04/11/1995 (Entered: 02/01/1995)

Jan. 30, 1995

Jan. 30, 1995

91

RESPONSE by defendants to plaintiffs second set of interrogatories [91- 1] (former empl) Modified on 04/11/1995 (Entered: 02/01/1995)

Jan. 30, 1995

Jan. 30, 1995

92

RESPONSE by defendants to plaintiffs fourth request for production of documents [92-1] (former empl) Modified on 04/11/1995 (Entered: 02/01/1995)

Jan. 30, 1995

Jan. 30, 1995

93

CLERK'S MINUTES: HEARING (Ph.Cf.) on clarification of trial schedule. Court advises parties that trial will be held in Pine Bluff and commence at 2:00 p.m. on Monday, 2/13/95 and stop at 7:00 p.m. on that day; the following day will commence at 11:00 a.m. and stop at 6 or 6:30 p.m. until the trial is completed. Parties directed to submit an order regarding subpoenaes. (mah) (Entered: 02/06/1995)

Feb. 3, 1995

Feb. 3, 1995

94

ORDER by Judge G. T. Eisele Jury trial rescheduled for 2:00 pm on 2/13/95 at Pine Bluff; defense and plaintiff's counsel are directed to inform witnesses of new time and place of trial; all subpoeanas remain in full force and effect (cc: all counsel) (former empl) (Entered: 02/07/1995)

Feb. 3, 1995

Feb. 3, 1995

95

MEMO TO FILE: case is ready to be set for jury trial by District Judge; all pretrial motions have been resolved (former empl) (Entered: 02/07/1995)

Feb. 6, 1995

Feb. 6, 1995

96

PRETRIAL INFORMATION SHEET by plaintiffs (trial estimate 3 days) (former empl) (Entered: 02/09/1995)

Feb. 8, 1995

Feb. 8, 1995

97

TRIAL BRIEFS submitted by plaintiffs (former empl) (Entered: 02/09/1995)

Feb. 8, 1995

Feb. 8, 1995

98

PRETRIAL INFORMATION SHEET by defendants (trial estimate 3-4 days) (former empl) Modified on 04/11/1995 (Entered: 02/09/1995)

Feb. 8, 1995

Feb. 8, 1995

99

TRIAL BRIEFS submitted by defendants (former empl) Modified on 04/11/1995 (Entered: 02/09/1995)

Feb. 8, 1995

Feb. 8, 1995

100

CLERK'S MINUTES: PRETRIAL CONFERENCE (Ph.Cf.) before Judge G. Thomas Eisele. Court will all of witness Ricky Johnson who was not named on the deft's. witness list to testify, but the state is directed to make him available for a deposition prior to his testimony; Court directs state to arrange for a walk-thru of the Bks. 8 area at Cummins for pltfs. experts on Sunday evening; State stipulated to authenticity of Clinton letter upon Court inquiry. (mah) (Entered: 02/09/1995)

Feb. 9, 1995

Feb. 9, 1995

101

ORDER by Judge G. T. Eisele finding Jerry Enomoto, Bob Baynes, Eugene Miller, Paul James and Hugh Crisp shall be given opportunity to walk through the Cummins Unit on 02/12/95; Ricky Johnson shall be allowed to testify for defendants and defendants shall make Mr. Johnson available for deposition; parties to submit joint stipulation of facts to the Court by 02/10/95 at 5:00 pm; the following inmates are to be transported to Pine Bluff to testify at trial: Alvin Randall, plaintiffs Ernest Smith and Jimmy Rudd; additionally inmates F. Adams, A. Boone, J. Maxwell, R. Lewis, M. Haycook, T. Pilcher and J. Dyus are to be made available for testimony at trial upon notice of plaintiff's counsel; plaintiffs will not be required to subpoena a representative from the Office of Governor for the introduction of 02/28/91 letter from Governor Clintion to the Joint Budget Committee (cc: all counsel) (former empl) (Entered: 02/13/1995)

Feb. 10, 1995

Feb. 10, 1995

Case Details

State / Territory: Arkansas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 6, 1993

Closing Date: July 28, 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A prison inmate alleging unconstitutional conditions of confinement in prison and another inmate alleging unconstitutional conditions of confinement because he was stabbed by another inmate

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Arkansas Department of Corrections (Cummins Unit), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1997 - None

Issues

General:

Assault/abuse by residents/inmates/students

Personal injury

Affected Gender:

Female