Case: Solesbee v. Witkowski

3:90-cv-02487 | U.S. District Court for the District of South Carolina

Filed Date: Oct. 17, 1990

Clearinghouse coding complete

Case Summary

On October 17, 1990, an inmate at the Evans Correctional Institute in South Carolina filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of South Carolina against the supervisor of the South Carolina Department of Corrections, the warden of the correctional facility, along with several corrections officers. The plaintiff, who initially filed pro se and was later represented by private counsel, sought damages and declaratory relief, alleging that the actions of the…

On October 17, 1990, an inmate at the Evans Correctional Institute in South Carolina filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of South Carolina against the supervisor of the South Carolina Department of Corrections, the warden of the correctional facility, along with several corrections officers. The plaintiff, who initially filed pro se and was later represented by private counsel, sought damages and declaratory relief, alleging that the actions of the defendants violated his rights under the Eighth and Fourteenth Amendments.

Previously, on July 8, 1988, the plaintiff was attacked and stabbed by another inmate, while sitting in the recreation area of the dormitory where he was housed. The corrections officers on duty at the time responded to the attack by throwing chairs at the attacker and yelling for him to cease the attack. The attacker threw down his knife and walked off into a crowd of inmates, but none of the corrections officers attempted to apprehend him. As the plaintiff was being carried away on a stretcher, the attacker returned with another knife. The attacker was finally restrained, handcuffed, and taken away. The plaintiff ultimately received 12-19 stab wounds and was admitted to the hospital in critical condition.

In February 1994 a jury trial was held. The jury returned a verdict for the plaintiff against the warden and several of the corrections officers. The plaintiff was awarded $199,000 in damages. The plaintiff also sought declaratory relief, but withdrew those claims. The defendants had moved for judgment as a matter of law, and moved for a new trial.

The defendants appealed trial court's denial of their motions and on May 31, 1995 the U.S. Court of Appeals for the Fourth Circuit (per curiam) affirmed in part and reversed in part the jury verdict. Solesbee v. Witkowski, No. 94-6916, 1995 WL 323941 (4th Cir. May 31 1995). The jury verdicts against the corrections officers were affirmed, because the harm suffered by the plaintiff was "sufficiently serious" and the prison officials were "deliberately indifferent" to the risk of harm to the inmate. The jury verdict against the warden was reversed, because there was no evidence of tacit or any other approval of the acts of the subordinates, which violated the rights of the plaintiff. The court further reasoned that the warden could not be held responsible for the training of the correctional officers, because he had only been working at the correctional facility for two months prior to the incident.

On September 13, 1995, the District Court (Magistrate Judge Robert S. Carr) amended the judgment to be consistent with the decision of the Fourth Circuit. The case has ended.

Summary Authors

Kaitlin Corkran (6/4/2006)

People


Judge(s)

Hall, Kenneth Keller (West Virginia)

Motz, Diana Jane Gribbon (Maryland)

Shedd, Dennis W. (South Carolina)

Williams, Karen J. (South Carolina)

Attorneys(s) for Plaintiff

Fairey, W. Gaston (South Carolina)

Mills, J. Christopher (South Carolina)

Romosca, Rochelle L. (South Carolina)

Attorneys(s) for Defendant

Boyd, W. Howard Jr. (South Carolina)

Smith, Michael Todd (South Carolina)

Wray, Ronald K. II (South Carolina)

Judge(s)

Hall, Kenneth Keller (West Virginia)

Motz, Diana Jane Gribbon (Maryland)

Shedd, Dennis W. (South Carolina)

Williams, Karen J. (South Carolina)

Attorneys(s) for Plaintiff

Fairey, W. Gaston (South Carolina)

Mills, J. Christopher (South Carolina)

Romosca, Rochelle L. (South Carolina)

Attorneys(s) for Defendant

Boyd, W. Howard Jr. (South Carolina)

Smith, Michael Todd (South Carolina)

Wray, Ronald K. II (South Carolina)

Documents in the Clearinghouse

Document

3:90-cv-02487

Docket (PACER)

Solesbee v. Sewell

Oct. 24, 1996

Oct. 24, 1996

Docket

94-06916

Opinion

U. S. Court of Appeals for the Fourth Circuit

56 F.3d 62

May 31, 1995

May 31, 1995

Order/Opinion

Resources

Docket

Last updated Aug. 15, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link

CASE REFERRED to Magistrate Robert S. Carr (former empl) (Entered: 12/17/1990)

Sept. 25, 1990

Sept. 25, 1990

1

MOTION by Leon Ray Solesbee Jr. to proceed in forma pauperis (former empl) (Entered: 12/17/1990)

Sept. 25, 1990

Sept. 25, 1990

2

COMPLAINT; (former empl) (Entered: 12/17/1990)

Oct. 17, 1990

Oct. 17, 1990

3

MOTION by plaintiff Leon Ray Solesbee Jr. to amend [2-1] complaint (former empl) (Entered: 08/03/1993)

Nov. 8, 1990

Nov. 8, 1990

3

CHANGE OF ADDRESS; By Plaintiff. (former empl) (Entered: 12/17/1990)

Nov. 21, 1990

Nov. 21, 1990

4

FINANCIAL AFFIDAVIT from SCDC regarding inmate pay. (former empl) (Entered: 12/17/1990)

Dec. 6, 1990

Dec. 6, 1990

5

ORDER, pltf'sfiling fees ($17.00) due 12/31/90 or file an affidavit w/i 10 days stating why he should pay a lesser fee. ( signed by Magistrate Robert S. Carr ) (former empl) (Entered: 12/17/1990)

Dec. 11, 1990

Dec. 11, 1990

6

MOTION by Leon Ray Solesbee Jr. for appointment of counsel (former empl) (Entered: 12/17/1990)

Dec. 13, 1990

Dec. 13, 1990

7

MOTION by Leon Ray Solesbee Jr. to extend time to pay filing fee (former empl) (Entered: 12/19/1990)

Dec. 19, 1990

Dec. 19, 1990

9

MOTION by plaintiff Leon Ray Solesbee Jr. to amend [2-1] complaint (former empl) (Entered: 08/03/1993)

Dec. 19, 1990

Dec. 19, 1990

Minute entry: granting [1-1] motion to proceed in forma pauperis (former empl) (Entered: 10/10/1991)

Dec. 21, 1990

Dec. 21, 1990

Minute entry: mooting [7-1] motion to extend time to pay filing fee (former empl) (Entered: 04/08/1992)

Dec. 21, 1990

Dec. 21, 1990

Filing Fee Paid; FILING FEE $ 17.00 RECEIPT # 55605 (former empl) (Entered: 01/17/1991)

Dec. 21, 1990

Dec. 21, 1990

8

ORDER denying [6-1] motion for appointment of counsel ( signed by Magistrate Robert S. Carr ) (former empl) (Entered: 12/26/1990)

Dec. 26, 1990

Dec. 26, 1990

10

MOTION by plaintiff Leon Ray Solesbee Jr. for order for plaintiff to proceed without payment on cost of photcopying service of legal material (former empl) (Entered: 08/03/1993)

Dec. 30, 1990

Dec. 30, 1990

9

ORDER pltf pay partial filing fee of $17.00 not later than 3-1-91. mld eod 1-7-90( signed by Judge UNASSIGNED ) (former empl) (Entered: 01/07/1991)

Jan. 4, 1991

Jan. 4, 1991

10

SUMMONS(ES) issued for Jimmy Sewell (former empl) (Entered: 01/17/1991)

Jan. 16, 1991

Jan. 16, 1991

11

MOTION by plaintiff Leon Ray Solesbee Jr. to Take Deposition by tape recording of parties (former empl) (Entered: 08/03/1993)

Jan. 18, 1991

Jan. 18, 1991

11

MOTION by Jimmy Sewell to extend time to answer. (former empl) (Entered: 02/22/1991)

Feb. 21, 1991

Feb. 21, 1991

12

AFFIDAVIT of W. Howard Boyd, Jr. Re: [11-1] motion to extend time (former empl) (Entered: 02/22/1991)

Feb. 22, 1991

Feb. 22, 1991

13

ORDER granting [11-1] motion to extend time, reset answer due for 3/11/91 for Jimmy Sewell mld eod 2/28/91 ( signed by Magistrate Robert S. Carr ) (jada) (Entered: 02/28/1991)

Feb. 28, 1991

Feb. 28, 1991

14

ANSWER to Complaint by Jimmy Sewell (Attorney ),; jury demand (former empl) (Entered: 03/19/1991)

March 12, 1991

March 12, 1991

12

Change of address submitted by plaintiff from Allendale Corr. Inst. to Evans Corr. Inst. (former empl) (Entered: 08/03/1993)

March 18, 1991

March 18, 1991

15

MOTION by Leon Ray Solesbee Jr. for request of documents pursuant to Rule 34 FRCP (former empl) (Entered: 04/17/1991)

April 12, 1991

April 12, 1991

21

MEMORANDUM by plaintiff Leon Ray Solesbee Jr. in support of [19- 1] affidavit, [18-1] affidavit, [17-1] opposition memorandum (former empl) (Entered: 08/03/1993)

April 30, 1991

April 30, 1991

16

AFFIDAVIT in opposition to by Leon Ray Solesbee Jr. Re: [14-1] answer (former empl) (Entered: 05/10/1991)

April 30, 1991

April 30, 1991

17

MEMORANDUM by Leon Ray Solesbee Jr. in opposition to [14-1] answer (former empl) (Entered: 05/10/1991)

April 30, 1991

April 30, 1991

18

AFFIDAVIT by Leon Ray Solesbee Jr. Re: [14-1] answer (former empl) (Entered: 05/10/1991)

April 30, 1991

April 30, 1991

19

AFFIDAVIT in opposition by Leon Ray Solesbee Jr. Re: [14-1] answer (former empl) (Entered: 05/10/1991)

April 30, 1991

April 30, 1991

22

Pltf's 1st set of interrogatories to deft. (former empl) (Entered: 05/10/1991)

April 30, 1991

April 30, 1991

23

MOTION by Leon Ray Solesbee Jr. for leave to file amended complaint (former empl) (Entered: 05/10/1991)

April 30, 1991

April 30, 1991

24

MOTION by Leon Ray Solesbee Jr. to compel production of documents (former empl) (Entered: 05/10/1991)

May 8, 1991

May 8, 1991

25

Plaintiff's request for admissions to Brad Basic. (former empl) (Entered: 05/10/1991)

May 8, 1991

May 8, 1991

26

Plaintiff's request for admissions to Jimmy Sewell (former empl) (Entered: 05/10/1991)

May 8, 1991

May 8, 1991

27

MOTION by Leon Ray Solesbee Jr. for permission to do an oral deposition by tape recording parties (former empl) (Entered: 06/20/1991)

May 22, 1991

May 22, 1991

28

MOTION by Leon Ray Solesbee Jr. for an order addressed to SCDC to provide pltf free photo copying services of pltf's legal material (former empl) (Entered: 06/20/1991)

May 22, 1991

May 22, 1991

29

MOTION by Leon Ray Solesbee Jr. to compel production of interrogatories (former empl) (Entered: 06/20/1991)

June 4, 1991

June 4, 1991

30

MOTION by Jimmy Sewell for summary judgment (former empl) (Entered: 06/20/1991)

June 10, 1991

June 10, 1991

31

MEMORANDUM by Jimmy Sewell in support of [30-1] motion for summary judgment (former empl) (Entered: 06/20/1991)

June 10, 1991

June 10, 1991

32

RETURN OF SERVICE executed as to Jimmy Sewell 6/11/91 Answer due on 7/1/91 for Jimmy Sewell (former empl) (Entered: 06/20/1991)

June 13, 1991

June 13, 1991

33

AFFIDAVIT of Matthew Ogunsile Re: [30-1] motion for summary judgment (former empl) (Entered: 06/20/1991)

June 14, 1991

June 14, 1991

34

AFFIDAVIT by Jimmy Sewell Re: [30-1] motion for summary judgment (former empl) (Entered: 06/20/1991)

June 14, 1991

June 14, 1991

35

AFFIDAVIT of Charles Brock Re: [30-1] motion for summary judgment (former empl) (Entered: 06/20/1991)

June 14, 1991

June 14, 1991

36

AFFIDAVIT of Mary Ann Sanders Re: [30-1] motion for summary judgment (former empl) (Entered: 06/20/1991)

June 20, 1991

June 20, 1991

37

AFFIDAVIT of John Mills Re: [30-1] motion for summary judgment (former empl) (Entered: 06/20/1991)

June 20, 1991

June 20, 1991

38

ORDER, Response to motion reset to 7/30/91 for [30-1] motion for summary judgment ( signed by Magistrate Robert S. Carr ) eod & mld 6- 27-91 (former empl) (Entered: 06/27/1991)

June 27, 1991

June 27, 1991

40

AFFIDAVIT of Timothy McAdams Re: [30-1] motion for summary judgment (former empl) (Entered: 07/18/1991)

July 9, 1991

July 9, 1991

41

MOTION by Leon Ray Solesbee Jr. to consolidate cases (former empl) (Entered: 07/18/1991)

July 15, 1991

July 15, 1991

42

AFFIDAVIT by Leon Ray Solesbee Jr. Re: [30-1] motion for summary judgment w/attachments. (former empl) (Entered: 07/18/1991)

July 15, 1991

July 15, 1991

43

AFFIDAVIT by Leon Ray Solesbee Jr. Re: [30-1] motion for summary judgment w/attachments. (former empl) (Entered: 07/18/1991)

July 15, 1991

July 15, 1991

44

AFFIDAVIT by Leon Ray Solesbee Jr. Re: [30-1] motion for summary judgment & w/attachments. (former empl) (Entered: 07/18/1991)

July 15, 1991

July 15, 1991

Minute entry: statistically staying [15-1] motion for request of documents pursuant to Rule 34 FRCP statistically staying [24-1] motion to compel production of documents denying [27-1] motion for permission to do an oral deposition by tape recording parties denying [28-1] motion for an order addressed to SCDC to provide pltf free photo copying services of pltf's legal material statistically staying [29-1] motion to compel production of interrogatories (former empl) (Entered: 04/17/1992)

July 29, 1991

July 29, 1991

Minute entry:, Specific Document Filing (supplemental response to the deft's motion for s/j) 10/1/91 for Leon Ray Solesbee Jr. (former empl) (Entered: 09/13/1991)

Aug. 6, 1991

Aug. 6, 1991

Minute entry: granting [20-1] motion for leave of Ct to consolidate 2 defts cases pursuant to FRCP 42 (former empl) (Entered: 04/08/1992)

Aug. 6, 1991

Aug. 6, 1991

46

ORDER granting [41-1] motion to consolidate cases. This matter is consolidated with C/A6:90-2488-98J. Defts are to identify all of the officers who were on duty in the vicinity of the attachk on pltf as well as those who assisted in stoping the attack. They also shallproduce cc of the relevant incident reports, the requested policies concerning duties of security personnel in conjunction w/inmate attacks, & cc's of all logs for all areas in which the pltf. was attacked on 4-9-98 . Such production shall be accomplished w/i 30 days hereof, & the pltf may file any supplemental response to the pending motion for s/j by 10-1-91. ( signed by Magistrate Robert S. Carr ) eod & mld 8-7-91. (former empl) (Entered: 08/07/1991)

Aug. 6, 1991

Aug. 6, 1991

Consolidated Lead Case (former empl) (Entered: 08/07/1991)

Aug. 6, 1991

Aug. 6, 1991

47

REPLY by Jimmy Sewell to [46-1] order (deft's response to interrogatories & requestfor production propounded by the Ct.). (former empl) (Entered: 09/13/1991)

Sept. 4, 1991

Sept. 4, 1991

48

RESPONSE by plaintiff Leon Ray Solesbee Jr. in opposition to [30-1] motion for summary judgment (former empl) (Entered: 08/03/1993)

Oct. 1, 1991

Oct. 1, 1991

49

ORDER directing the Clerk to file the pltf' amended complaint & granting [23-1] motion for leave to file amended complaint, the pltf shall take whatever steps are necessary to perfect svc of the amended cmp, the defts may avoid filing an amended answer or s/j motion by advising the Ct and pltf in writing that they intend to rely on the orig. pleadings and the pltf shall have 60 days from hereof to respond to the pending motion for s/j Specific Document Filing 1/6/92 for Leon Ray Solesbee Jr. ( signed by Magistrate Robert S. Carr ) eod & mld 11-8-91. (former empl) (Entered: 11/08/1991)

Nov. 6, 1991

Nov. 6, 1991

50

AMENDED COMPLAINT by Leon Ray Solesbee Jr. , (Answer due 11/18/91 for Jimmy Sewell ) amending [2-1] complaint against Richard Witkowski, Mary Ann Sanders, John . Mills, Larry Arrowood, Benjamin Hunter, Vernon Miller, Larry Keller, Jeff Henderson, Sarah Mills; jury demand (former empl) (Entered: 11/21/1991)

Nov. 6, 1991

Nov. 6, 1991

51

AMENDED SUMMONS(ES) issued for Jimmy Sewell, Richard Witkowski, Mary Ann Sanders, John . Mills, Larry Arrowood, Benjamin Hunter, Vernon Miller, Larry Keller, Jeff Henderson, Sarah Mills, Brad Basic (former empl) (Entered: 12/03/1991)

Nov. 27, 1991

Nov. 27, 1991

52

12-10-91 LETTER from defts to RSC dated 11-27-91, responding to instructions in 11-6-91 order. (former empl) (Entered: 12/13/1991)

Dec. 10, 1991

Dec. 10, 1991

53

Return of service unexecuted as to Larry Arrowood (SCDC ret'd "cannont accept"). (former empl) (Entered: 12/24/1991)

Dec. 17, 1991

Dec. 17, 1991

54

Return of service unexecuted as to Brad Basic (SCDC ret'd as "cannont accept"). (former empl) (Entered: 12/24/1991)

Dec. 17, 1991

Dec. 17, 1991

55

Return of service unexecuted as to Sarah Mills (former empl) (Entered: 12/24/1991)

Dec. 17, 1991

Dec. 17, 1991

56

Return of service unexecuted as to Jeff Henderson ("cannont accept"). (former empl) (Entered: 12/24/1991)

Dec. 17, 1991

Dec. 17, 1991

57

RETURN OF SERVICE executed as to Jimmy Sewell 12/13/91 Answer due on 1/2/92 for Jimmy Sewell (former empl) (Entered: 12/24/1991)

Dec. 17, 1991

Dec. 17, 1991

58

RETURN OF SERVICE executed as to Mary Ann Sanders 12/13/91 Answer due on 1/2/92 for Mary Ann Sanders (former empl) (Entered: 12/24/1991)

Dec. 17, 1991

Dec. 17, 1991

59

RETURN OF SERVICE executed as to Richard Witkowski 12/13/91 Answer due on 1/2/92 for Richard Witkowski (former empl) (Entered: 12/24/1991)

Dec. 17, 1991

Dec. 17, 1991

60

RETURN OF SERVICE executed as to John . Mills 12/13/91 Answer due on 1/2/92 for John . Mills (former empl) (Entered: 12/24/1991)

Dec. 17, 1991

Dec. 17, 1991

61

RETURN OF SERVICE executed as to Benjamin Hunter 12/13/91 Answer due on 1/2/92 for Benjamin Hunter (former empl) (Entered: 12/24/1991)

Dec. 17, 1991

Dec. 17, 1991

62

RETURN OF SERVICE executed as to Vernon Miller 12/13/91 Answer due on 1/2/92 for Vernon Miller (former empl) (Entered: 12/24/1991)

Dec. 17, 1991

Dec. 17, 1991

63

Return of service unexecuted as to Larry Keller ("cannot accept"). (former empl) (Entered: 12/24/1991)

Dec. 17, 1991

Dec. 17, 1991

64

MEMORANDUM by Leon Ray Solesbee Jr. in opposition to [30-1] motion for summary judgment (former empl) (Entered: 12/24/1991)

Dec. 18, 1991

Dec. 18, 1991

65

MOTION by Leon Ray Solesbee Jr. to amend [64-1] opposition memorandum (former empl) (Entered: 03/02/1992)

March 2, 1992

March 2, 1992

66

ORDER granting [65-1] motion to amend [64-1] opposition memorandum, Response to motion reset to 7/31/92 for [30-1] motion for summary judgment ( signed by Magistrate Judge Robert S. Carr ) eod & mld 7-1-92. (former empl) (Entered: 07/01/1992)

July 1, 1992

July 1, 1992

67

MEMORANDUM by plaintiff Leon Ray Solesbee Jr. in opposition to [30-1] motion for summary judgment (former empl) (Entered: 08/14/1992)

July 31, 1992

July 31, 1992

68

REPORT AND RECOMMENDATIONS of Magistrate Judge Robert S. Carr . RECOMMENDED that the defts' summary judgment motion as to any 8th amendment claims based upon negligence and 14th amendment claims be granted and summary judgment as to the 8th amendment claims be denied. Case no longer referred to Magistrate Judge Robert S. Carr Objections to R and R due by 11/5/92 eod & mld 10-26-92. (former empl) (Entered: 10/26/1992)

Oct. 22, 1992

Oct. 22, 1992

69

ORDER granting [68-1] report and recommendations granting in part, denying in part [30-1] motion for summary judgment ( signed by Judge Dennis W. Shedd ) eod & mld 12-10-92. (former empl) (Entered: 12/18/1992)

Dec. 9, 1992

Dec. 9, 1992

70

MOTION by plaintiff Leon Ray Solesbee Jr. to compel (mflo) (Entered: 02/25/1993)

Feb. 17, 1993

Feb. 17, 1993

** Added MO-MCC flag indicating motion(s) referred to Magistrate Judge McCrorey. (mflo) (Entered: 02/25/1993)

Feb. 17, 1993

Feb. 17, 1993

71

MOTION by defendant Jimmy Sewell, defendant Richard Witkowski, defendant Mary Ann Sanders, defendant John . Mills, defendant Larry Arrowood, defendant Benjamin Hunter, defendant Vernon Miller, defendant Larry Keller, defendant Jeff Henderson, defendant Sarah Mills, defendant Brad Basic to Take Depositions of Leon Ray Solesbee, Raymond Bennefield, James Reed, Bruce Howell, Billy Larkin, Roger Dale Johnson and Micky Dean Robinson (mflo) (Entered: 02/25/1993)

Feb. 17, 1993

Feb. 17, 1993

** Removed Magistrate motion flag. (mflo) (Entered: 02/25/1993)

Feb. 17, 1993

Feb. 17, 1993

Motion(s) referred: [71-1] motion to Take Depositions of Leon Ray Solesbee, Raymond Bennefield, James Reed, Bruce Howell, Billy Larkin, Roger Dale Johnson and Micky Dean Robinson referred to Magistrate Judge Robert S. Carr (mflo) (Entered: 02/25/1993)

Feb. 17, 1993

Feb. 17, 1993

** Added MO-CAR flag indicating motion(s) referred to Magistrate Judge Carr. (mflo) (Entered: 02/25/1993)

Feb. 17, 1993

Feb. 17, 1993

CASE REFERRED to Magistrate Judge Robert S. Carr (mflo) (Entered: 02/25/1993)

Feb. 17, 1993

Feb. 17, 1993

70

MOTION by plaintiff Leon Ray Solesbee Jr. to compel production of documents (former empl) Modified on 08/06/1993 (Entered: 08/03/1993)

Feb. 26, 1993

Feb. 26, 1993

Motion(s) referred: [70-1] motion to compel production of documents referred to Magistrate Judge Robert S. Carr (former empl) Modified on 08/06/1993 (Entered: 08/03/1993)

Feb. 26, 1993

Feb. 26, 1993

71

MOTION by plaintiff Leon Ray Solesbee Jr. for reconsideration of [8-1] order (former empl) Modified on 08/06/1993 (Entered: 08/03/1993)

Feb. 26, 1993

Feb. 26, 1993

Motion(s) referred: [71-1] motion for reconsideration of [8-1] order referred to Magistrate Judge Robert S. Carr (former empl) Modified on 08/06/1993 (Entered: 08/03/1993)

Feb. 26, 1993

Feb. 26, 1993

72

MEMORANDUM by plaintiff Leon Ray Solesbee Jr. in support of [71- 1] motion for reconsideration of [8-1] order (former empl) Modified on 08/06/1993 (Entered: 08/03/1993)

Feb. 26, 1993

Feb. 26, 1993

73

MEMORANDUM by defendant Jimmy Sewell, defendant Richard Witkowski, defendant Mary Ann Sanders, defendant John . Mills, defendant Larry Arrowood, defendant Benjamin Hunter, defendant Vernon Miller, defendant Larry Keller, defendant Jeff Henderson, defendant Sarah Mills, defendant Brad Basic, defendant Jimmy . Brown, defendant Matthew . Ogunsile in opposition to [70-1] motion to compel production of documents (former empl) (Entered: 09/21/1993)

March 4, 1993

March 4, 1993

72

MOTION by plaintiff Leon Ray Solesbee Jr. to amend [2-1] complaint (jada) (Entered: 03/08/1993)

March 5, 1993

March 5, 1993

74

MOTION by plaintiff Leon Ray Solesbee Jr. for default judgment against Jimmy Sewell, Richard Witkowski, Mary Ann Sanders, John . Mills, Larry Arrowood, Benjamin Hunter, Vernon Miller, Larry Keller, Jeff Henderson, Sarah Mills, Brad Basic (jada) (Entered: 03/08/1993)

March 5, 1993

March 5, 1993

75

AFFIDAVIT by plaintiff Leon Ray Solesbee Jr. Re: [74-1] motion for default judgment against Jimmy Sewell, Richard Witkowski, Mary Ann Sanders, John . Mills, Larry Arrowood, Benjamin Hunter, Vernon Miller, Larry Keller, Jeff Henderson, Sarah Mills, Brad Basic (jada) (Entered: 03/08/1993)

March 5, 1993

March 5, 1993

76

Request for Default by plaintiff Leon Ray Solesbee Jr. as to defendant Jimmy Sewell, defendant Richard Witkowski, defendant Mary Ann Sanders, defendant John . Mills, defendant Larry Arrowood, defendant Benjamin Hunter, defendant Vernon Miller, defendant Larry Keller, defendant Jeff Henderson, defendant Sarah Mills, defendant Brad Basic (jada) (Entered: 03/08/1993)

March 5, 1993

March 5, 1993

Motion(s) referred: [74-1] motion for default judgment against Jimmy Sewell, Richard Witkowski, Mary Ann Sanders, John . Mills, Larry Arrowood, Benjamin Hunter, Vernon Miller, Larry Keller, Jeff Henderson, Sarah Mills, Brad Basic referred to Magistrate Judge Robert S. Carr (jada) (Entered: 03/08/1993)

March 5, 1993

March 5, 1993

Motion(s) referred: [72-1] motion to amend [2-1] complaint referred to Magistrate Judge Robert S. Carr (jada) (Entered: 03/08/1993)

March 5, 1993

March 5, 1993

MOTIONS HEARING(RSC/pf) denying [74-1] motion for default judgment against Jimmy Sewell, Richard Witkowski, Mary Ann Sanders, John . Mills, Larry Arrowood, Benjamin Hunter, Vernon Miller, Larry Keller, Jeff Henderson, Sarah Mills, Brad Basic, granting [71-1] motion to Take Depositions of Leon Ray Solesbee, Raymond Bennefield, James Reed, Bruce Howell, Billy Larkin, Roger Dale Johnson and Micky Dean Robinson, adding Virgil Jefferies and Donnie Gibson; granting in part, denying in part [70-1] motion to compel; counsel for the defts to submit motion to be relieved as counsel w/in 10 days;disc 60 days until 6/5/93; motion to amend will be discussed at that time;pltf to submit costs to Judge as far as sanctions (jada) (Entered: 03/10/1993)

March 5, 1993

March 5, 1993

Motion(s) no longer referred: [74-1] motion for default judgment against Jimmy Sewell, Richard Witkowski, Mary Ann Sanders, John . Mills, Larry Arrowood, Benjamin Hunter, Vernon Miller, Larry Keller, Jeff Henderson, Sarah Mills, Brad Basic no longer referred to Magistrate Judge Robert S. Carr (jada) (Entered: 03/10/1993)

March 5, 1993

March 5, 1993

Case Details

State / Territory: South Carolina

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 17, 1990

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An inmate who was injured by a fellow inmate

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

South Carolina Department of Corrections, State

Perry Prison, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Litigation

Order Duration: 1994 - 0

Issues

General:

Assault/abuse by residents/inmates/students

Neglect by staff

Personal injury

Staff (number, training, qualifications, wages)

Type of Facility:

Government-run