Case: McGill v. Lee County

Hudmon v. Lee County

Magill v. Lee County

Magill v. Lee County, Alabama

Magill v. Lee County, Alabama

U.S. Court of Appeals for the Eleventh Circuit

Magill v. Lee County, Alabama

U.S. Court of Appeals for the Eleventh Circuit

Magill v. Lee County

U.S. Court of Appeals for the Eleventh Circuit

COMPLAINT Filing Fee $ 120.00 Receipt # 60913 (ydw) (Entered: 07/22/1996)

DEMAND for jury trial by Sharon Magill (ydw) (Entered: 07/22/1996)

Request for service by certified mail by Sharon Magill (ydw) (Entered: 07/22/1996)

File referred to Judge Albritton (ydw) (Entered: 07/22/1996)

SUMMONS issued for Lee County, James Patterson; summons and complaint mailed by cmrrr to named defendants (ydw) (Entered: 07/26/1996)

RETURN RECEIPT CARD showing service of summons and complaint on illegible on 7/29/96 for Lee County, James Patterson . Answer due on 8/18/96 for Lee County, for James Patterson (ydw) (Entered: 07/31/1996)

Summons returned unexecuted as to James Patterson; summons and complaint returned unexecuted with following notation: "Attempted not known"; attorney notified. (ydw) (Entered: 08/02/1996)

MOTION by Lee County to Dismiss defendant Lee County ; referred to Judge W. H. Albritton III (ydw) (Entered: 08/21/1996)

OBJECTION by Sharon Magill to [6-1] motion to Dismiss defendant Lee County on Federal Claims (w/Attachments); referred to Judge W. H. Albritton III (ydw) (Entered: 08/28/1996)

MOTION by Sharon Magill to Amend [1-1] complaint (Amended Complaint); referred to Judge W. H. Albritton III (ydw) (Entered: 08/28/1996)

Stamped ORDER granting [8-1] motion to Amend [1-1] complaint ( by Judge W. H. Albritton III ) , copies mailed to counsel (ydw) (Entered: 09/03/1996)

AMENDMENT TO COMPLAINT by Sharon Magill amending [1-1] complaint; jury demand against Herman Chapman (ydw) (Entered: 09/03/1996)

DEMAND for jury trial by Sharon Magill (ydw) (Entered: 09/03/1996)

ALIAS SUMMONS issued for Lee County, James Patterson, Herman Chapman; alias summons, complaint, motion, order and amendment to complaint mailed by cmrrr to named defendants. (ydw) (Entered: 09/27/1996)

RETURN RECEIPT CARD showing service of alias summons, complaint, motion, order and amended complaint on Herman Chapman on 9/30/96 for Lee County, Herman Chapman . Answer due on 10/20/96 for Herman Chapman, for Lee County (ydw) (Entered: 10/02/1996)

RETURN RECEIPT CARD showing service of alias summons, complaint, motion, order, amended complaint on Larry Thomas on 10/1/96 for James Patterson . Answer due on 10/21/96 for James Patterson (ydw) (Entered: 10/03/1996)

MOTION by Sharon Magill to Amend [1-1] complaint ; referred to Judge W. H. Albritton III (ydw) (Entered: 10/11/1996)

MOTION by James Patterson to Extend Time to answer complaint (w/Affidabit of James Patterson attached); referred to Judge W. H. Albritton III (ydw) (Entered: 10/11/1996)

ORDER TO SHOW CAUSE as to why plaintiff's motion to amend complaint should not be granted: Response to Order to Show Cause due on 10/29/96 for Herman Chapman, for James Patterson, for County [14-1] motion to Amend [1-1] complaint by Sharon Magill set for submission on 10/29/96 ( signed by Judge W. H. Albritton III ) , copies mailed to counsel (ydw) (Entered: 10/15/1996)

ORDER granting [15-1] motion to Extend Time to answer complaint, reset Answer deadline to 10/28/96 for James Patterson ( signed by Judge W. H. Albritton III ) , copies mailed to counsel (ydw) (Entered: 10/17/1996)

MOTION by Herman Chapman to Dismiss this action against him ; referred to Judge W. H. Albritton III (ydw) (Entered: 10/22/1996)

ORDER TO SHOW CAUSE as to why motion to dismiss defendant Herman Chapman should not be granted: Response to Order to Show Cause due on 11/6/96 for Sharon Magill, set reply brief deadline 11/13/96 for Herman Chapman, for James Patterson, for Lee County [18-1] motion to Dismiss this action against him by Herman Chapman set for submission on 11/13/96 ( signed by Judge W. H. Albritton III ) , copies mailed to counsel; furnished to EL (ydw) (Entered: 10/23/1996)

MOTION by Herman Chapman, Lee County to Extend Time in which to respond to court's order to show cause of 10/15/96 referred to Judge W. H. Albritton III (dkt clerk) (Entered: 10/29/1996)

Stamped ORDER granting [20-1] motion to Extend Time in which to respond to court's order to show cause of 10/15/96 ( by Judge W. H. Albritton III ) , copies mailed to counsel . (ajr) (Entered: 10/30/1996)

ANSWER to Complaint by James Patterson (Attorney Patrick Mahaney), referred to Judge W. H. Albritton III (ydw) (Entered: 11/04/1996)

RESPONSE by Lee County, Herman Chapman to [14-1] motion to Amend [1-1] complaint by Sharon Magill; referred to Judge W. H. Albritton III (ydw) (Entered: 11/12/1996)

MOTION by Sharon Magill to Amend [1-1] complaint ; referred to Judge W. H. Albritton III (ydw) (Entered: 11/15/1996)

ORDER granting [18-1] motion to Dismiss this action against him; dismissing Sheriff Herman Chapmans as a party defendant; ( signed by Judge W. H. Albritton III ) , copies mailed to counsel (ydw) (Entered: 11/18/1996)

ORDER denying [14-1] motion to Amend [1-1] complaint denying [23-1] motion to Amend [1-1] complaint ( signed by Judge W. H. Albritton III ) , copies mailed to counsel (ydw) (Entered: 11/18/1996)

ORDER granting the motion to dismiss as to Count II; that Count II and all state law claims contained therein are dismissed as to defendant Lee County; denying the motion to dismiss Count I of the complaint; set Answer deadline to 11/25/96 for Lee County ; ( signed by Judge W. H. Albritton III ) , copies mailed to counsel (ydw) (Entered: 11/18/1996)

ORDER, setting Scheduling Conference for 8:15 12/2/96 before Judge W. H. Albritton III ( signed by Judge W. H. Albritton III ) , copies mailed to counsel; furnished to EL and MT (ydw) (Entered: 11/18/1996)

ANSWER to Complaint by Lee County (Attorney Kendrick E. Webb, Kelly Gallops Davidson), referred to Judge W. H. Albritton III (ydw) (Entered: 11/26/1996)

SCHEDULING ORDER setting Pretrial Conference for 9/19/97 before Judge W. H. Albritton III, in Opelika, AL; Motion Filing deadline on 6/11/97 ; Discovery cutoff 9/5/97 ; jury trial set for 10/20/97 before Judge W. H. Albritton III, in Opelika, AL; set amended pleading deadline for 2/15/97; Jury selection set for 10/20/97; Mediation Notice deadline on 3/13/97; (w/AOForm 85 attached); ( signed by Judge W. H. Albritton III ), copies mailed to counsel; furnished to EL and MT VACATED AND SET ASIDE PER ORDER OF 5/20/97 (ydw) Modified on 05/20/1997 (Entered: 12/02/1996)

MOTION by Sharon Magill to set aside dismissal , to Amend to add Sheriff Chapman as a party defendant (w/Affidavit and attachments); referred to Judge W. H. Albritton III (ydw) (Entered: 12/19/1996)

ORDER granting [30-1] motion to set aside dismissal, set reply brief deadline for 1/10/97 for Herman Chapman denying as moot [30-2] motion to Amend to add Sheriff Chapman as a party defendant; ( signed by Judge W. H. Albritton III ) , copies mailed to counsel. (ydw) (Entered: 12/23/1996)

RESPONSE by Sharon Magill to [18-1] motion to Dismiss this action against him by Herman Chapman, [6-1] motion to Dismiss defendant Lee County by Lee County; referred to Judge W. H. Albritton III (ydw) (Entered: 01/02/1997)

MOTION by Sharon Magill to Dismiss Trooper James Patterson ; referred to Judge W. H. Albritton III (ajr) (Entered: 01/09/1997)

ORDER dismissing defendant Trooper James Patterson with prejudice from this action; that the case shall proceed against the remaining defendants; ( signed by Judge W. H. Albritton III ) , copies mailed to counsel (ydw) (Entered: 01/09/1997)

MOTION by Herman Chapman for Extension of Time in which to file his reply to plaintiff's response to the defendant's motion to dismiss ; referred to Judge W. H. Albritton III (ydw) (Entered: 01/10/1997)

Stamped ORDER granting [35-1] motion for Extension of Time in which to file his reply to plaintiff's response to the defendant's motion to dismiss (by Judge W. H. Albritton III), copies mailed to counsel (ydw) (Entered: 01/15/1997)

REPLY by Herman Chapman to response to [33-1] motion to Dismiss Trooper James Patterson by Sharon Magill referred to Judge W. H. Albritton III (ajr) (Entered: 01/16/1997)

MOTION by Herman Chapman for Leave to File Reply Brief Out of Time referred to Judge W. H. Albritton III (ajr) (Entered: 01/16/1997)

MOTION by Herman Chapman to Stay Discovery Pending Ruling on Qualified and Absolute Soverign Immunity ; referred to Judge W. H. Albritton III (ajr) (Entered: 01/16/1997)

Stamped ORDER granting [37-1] motion for Leave to File Reply Brief Out of Time ( by Judge W. H. Albritton III ) , copies mailed to counsel. (ydw) (Entered: 01/17/1997)

Stamped ORDER granting [38-1] motion to Stay Discovery Pending Ruling on Qualified and Absolute Soverign Immunity ( by Mag Judge Vanzetta P. McPherson ) , copies mailed to counsel. (ajr) (Entered: 02/11/1997)

MOTION by Sharon Magill to Consolidate Case CA-97-D-25-E and CA-96-A-1140-E ; referred to Judge W. H. Albritton III (ydw) Modified on 03/12/1997 (Entered: 02/13/1997)

File referred to Judge De Ment (ydw) (Entered: 03/07/1997)

ORDER granting [39-1] motion to Consolidate Case CA-97-D-25-E and 96-A-1140-E; consolidating these cases for all purposes; that all future filings, showing the style of both cases, shall be made in Civil Action No. CV-96-A-1140-E; (signed by Judge W. H. Albritton III), copies mailed to counsel; furnished to EL (ydw) (Entered: 03/12/1997)

Consolidated Lead Case (ydw) (Entered: 03/13/1997)

MOTION by Sharon Magill to declar scheduling order null and void ; referred to Judge W. H. Albritton III (ydw) (Entered: 04/11/1997)

MEMORANDUM OPINION AND ORDER denying in part, and granting in part defendant Chapman's motion to dismiss; denying defendant Chapman's motion to dismiss the plaintiffs' claims under 42 U.S.C. 1983 against him in his individual capacity; granting defendant Chapman's motion to dismiss the plaintiffs' state-law claims of invasion of privacy and outrageous conduct; dismissing plaintiff Magill's claim against defendnat Chapman in his official capacity; setting Answer deadline to 5/30/97 for Herman Chapman ( signed by Judge W. H. Albritton III ), copies mailed to counsel (ydw) Modified on 01/20/1998 (Entered: 05/20/1997)

ORDER granting [41-1] motion to declare scheduling order null and void, Vacating and set aside [29-1] Scheduling order , setting Scheduling Conference for 8:30 6/3/97 before Judge W. H. Albritton III, in Montgomery, AL ; that counsel for all parties must be present; that the court is willing to hold this conference by telephone if ALL COUNSEL wish to do, if so he or she must arrange for the telephone conference call; that the attorney must also notify the court and all other attorneys of the arrangement at least two days prior to the scheduling conference; lifting the stay of discovery, ordered by the Magistrated Judge on February 11, 1997; ( signed by Judge W. H. Albritton III ) , copies mailed to counsel; furnished to EL and MT (ydw) Modified on 01/20/1998 (Entered: 05/20/1997)

SCHEDULING ORDER setting Pretrial Conference for 1/29/98 before Judge W. H. Albritton III Motion Filing deadline on 10/31/97; Discovery cutoff 1/15/98; jury trial set for 3/16/98 before Judge W. H. Albritton III; set amended pleading deadline for 8/17/97 Mediation Notice deadline on 9/12/97; ( signed by Judge W. H. Albritton III ). Copies mailed to counsel; furnished to MT, EL. (vmc) Modified on 11/17/1997 (Entered: 06/03/1997)

MOTION by Lee County & Herman Chapman to Extend Time to file motion for Summary Judgment . Referred to Judge W. H. Albritton III (dkt clerk) (Entered: 11/10/1997)

Stamped ORDER granting [45-1] motion to Extend Time to file motion for Summary Judgment; resetting Deadlines: Motion Filing deadline to 11/10/97; ( signed by Judge W. H. Albritton III ). Copies mailed to counsel. (dkt clerk) (Entered: 11/10/1997)

MOTION by Herman Chapman for Summary Judgment . Referred to Judge W. H. Albritton III (dkt clerk) (Entered: 11/13/1997)

MEMORANDUM BRIEF by Herman Chapman in Support of [46-1] motion for Summary Judgment by Herman Chapman. Referred to Judge W. H. Albritton III (dkt clerk) (Entered: 11/13/1997)

MOTION by Lee County for Summary Judgment . Referred to Judge W. H. Albritton III (dkt clerk) (Entered: 11/13/1997)

MEMORANDUM BRIEF by Lee County in Support of [48-1] motion for Summary Judgment by Lee County. Referred to Judge W. H. Albritton III (dkt clerk) (Entered: 11/13/1997)

EVIDENTIARY MATERIALS by Lee County & Herman Chapman in Support of [46-1] motion for Summary Judgment by Herman Chapman and [48-1] for Summary Judgment by Lee County; (Exhibits A - H attached). Referred to Judge W. H. Albritton III (dkt clerk) (Entered: 11/13/1997)

ORDER setting [46-1] motion for Summary Judgment by Herman Chapman and [48-1] motion for Summary Judgment by Lee County for submission on 12/11/97, without oral argument; affidavits, briefs, depositions or other documents which the Plaintiffs wish to file in opposition to said motions shall be filed on or before 12/4/97; the Defendants shall have until 12/11/97 to file any reply they wish to file; (signed by Judge W. H. Albritton III). Copies mailed to counsel. (dkt clerk) (Entered: 11/13/1997)

Notice Concerning Settlement Conference and Mediation filed by Sharon Magill & Sherrera Hudmon. Referred to Judge W. H. Albritton III (dkt clerk) (Entered: 11/20/1997)

OBJECTION by Sharon Magill & Sherrera Hudmon to [48-1] motion for Summary Judgment by Lee County. Referred to Judge W. H. Albritton III (dkt clerk) (Entered: 12/05/1997)

EVIDENTIARY Submission by Sharon Magill & Sherrera Hudmon in Opposition to [48-1] motion for Summary Judgment by Lee County; (Exhibits 1 - 10 attached). Referred to Judge W. H. Albritton III (dkt clerk) (Entered: 12/05/1997)

BRIEF by Sharon Magill & Sherrera Hudmon in Opposition to [48-1] motion for Summary Judgment. Referred to Judge W. H. Albritton III (dkt clerk) (Entered: 12/05/1997)

ORDER setting Pretrial Conference for 9:00 a.m. on 1/29/98 in Chambers of Judge W. H. Albritton III in Montgomery, AL ; All motions which have not been otherwise submitted or ruled on will be heard at pretrial hearing time; setting Proposed Pretrial Order Deadline to 1/27/98 ; trial term is presently set to commence 3/16/98, in Opelika, AL; (signed by Judge W. Albritton III). Copies mailed to counsel; Furnished: Ern & Marie. (dkt clerk) (Entered: 12/10/1997)

AMENDMENT to [54-1] Evidentiary Submission by Sharon MaGill and Sherrer Hudman in Opposition to defendants' motion for Summary Judgment; Affidavit by Ken Hudmon in support of said Amendment. Referred to Judge W. H. Albritton III (dkt clerk) (Entered: 12/12/1997)

REPLY MEMORANDUM BRIEF by Herman Chapman in Opposition to [54-1] Response in Opposition to motion for Summary Judgment by Sherrera Hudmon & Sharon Magill. Referred to Judge W. H. Albritton III (dkt clerk) (Entered: 12/16/1997)

REPLY MEM0RANDUM BRIEF by Lee County in Opposition to [55-1] Brief in Opposition to motion for Summary Judgment by Sherrera Hudmon & Sharon Magill. Referred to Judge W. H. Albritton III (dkt clerk) (Entered: 12/16/1997)

ORDER rescheduling Pretrial Conference for 11:30 a.m. on 1/21/98 in Chambers of Judge W. H. Albritton III in Montgomery, AL ; this new date shall have no effect on any deadlines determined by the original pretrial date of 1/29/98; ( signed by Judge W. H. Albritton III ). Copies mailed to counsel; Furnished: Marie & Ern. (dkt clerk) (Entered: 01/07/1998)

MEMORANDUM OPINION ( signed by Judge W. H. Albritton III ). Copies mailed to counsel. (dkt clerk) (Entered: 01/20/1998)

ORDER and JUDGMENT granting [46-1] and [48-1] motions for Summary Judgment; entering judgment for Lee County and Herman Chapman and against Sharon Magill and Sherrera Hudmon; taxing costs to the plaintiffs; ( signed by Judge W. H. Albritton III ). Copies mailed to counsel; (counsel contacted by telephone, per oral instructions from Judge). (dkt clerk) (Entered: 01/20/1998)

Case closed (dkt clerk) (Entered: 01/20/1998)

NOTICE OF APPEAL by Sharon Magill, Sherrera Hudmon to the U.S. Court of Appeals, Eleventh Circuit from the final order for summary judgment entered on January 20, 1998. (Copies mailed to Jeffrey W. Bennitt, Esq., with appeal information sheet & civil docketing statement; Robyn Bufford, Esq., Kendrick Webb, Esq., Kelly Davidson, Esq., Bart Harmon, Esq., & certified copy to USCA with copies of orders appealed from and docket entires.) FILING FEE $ 105.00 RECEIPT # 69730 (dkt clerk) (Entered: 02/19/1998)

Notice of Appeal and certified copy of docket to USCA: [63-1] appeal by Sherrera Hudmon, Sharon Magill (dkt clerk) (Entered: 02/19/1998)

USCA Case Number Re: [63-1] appeal by Sherrera Hudmon, Sharon Magill USCA NUMBER: 98-6144 (dkt clerk) (Entered: 03/05/1998)

Request for Certificate of Readiness from USCA, 11th Circuit, Re: [63-1] appeal by Sherrera Hudmon, Sharon Magill (dkt clerk) (Entered: 03/31/1998)

MOTION for Kelly Gallops Davidson to Withdraw as Attorney . Referred to Judge W. H. Albritton III (dkt clerk) (Entered: 03/11/1998)

Stamped ORDER granting [64-1] motion for Kelly Gallops Davidson to Withdraw as Attorney; (Terminated attorney Kelly Gallops Davidson for Herman Chapman and Lee County); (signed by Judge W. H. Albritton III). Copies mailed to counsel. (dkt clerk) (Entered: 03/12/1998)

CERTIFICATE OF READINESS of record on appeal mailed to USCA, 11th Circuit and counsel: [63-1] appeal by Sherrera Hudmon, Sharon Magill (dkt clerk) (Entered: 03/31/1998)

REQUEST for Record On Appeal from USCA re: [63-1] appeal by Sherrera Hudmon, Sharon Magill (dkt clerk) (Entered: 08/26/1998)

Certified and transmitted Record on Appeal to U.S. Court of Appeals: [63-1] appeal by Sherrera Hudmon, Sharon Magill (dkt clerk) (Entered: 08/26/1998)

ACKNOWLEDGEMENT of RECEIPT of RECORD ON APPEAL from USCA Re: [63-1] appeal by Sherrera Hudmon, Sharon Magill USCA Number: 98-6144 (dkt clerk) (Entered: 09/16/1998)

Received copy of PER CURIAM OPINION entered 9/30/98 of the USCA, 11th Circuit. (dkt clerk) (Entered: 11/10/1998)

Record on Appeal returned from U.S. Court of Appeals: [63-1] appeal (dkt clerk) (Entered: 11/10/1998)