Case: Timberlake v. Buss [Donahue]

1:06-cv-01859 | U.S. District Court for the Southern District of Indiana

Filed Date: Dec. 29, 2006

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On December 29, 2006, a prisoner at the Indiana State Prison sentenced to the death penalty filed a lawsuit under 42 U.S.C. § 1983 against the Indiana Department of Corrections in the U.S. District Court for the Southern District of Indiana. The plaintiff alleged that his constitutional rights were threatened by the defendants' use of thiopental, potassium chloride, and pancuronium bromide during lethal injection, which he believed would leave him conscious and subjected to extreme pain and tor…

On December 29, 2006, a prisoner at the Indiana State Prison sentenced to the death penalty filed a lawsuit under 42 U.S.C. § 1983 against the Indiana Department of Corrections in the U.S. District Court for the Southern District of Indiana. The plaintiff alleged that his constitutional rights were threatened by the defendants' use of thiopental, potassium chloride, and pancuronium bromide during lethal injection, which he believed would leave him conscious and subjected to extreme pain and torture in violation of the Eighth Amendment right to be free from cruel and unusual punishment. Represented by private counsel, the plaintiff requested a temporary restraining order, a preliminary injunction barring execution in this manner, and attorneys' fees.

On April 10, 2007, the District Court allowed two other death-sentenced prisoners, Michael Lambert and David Leon Woods, to intervene in the case. Woods applied for a preliminary injunction, and on April 26, 2007, the U.S. District Court for the Southern District of Indiana (Judge Richard L. Young) denied Woods' motion for injunctive relief. The court reasoned that Woods had failed to demonstrate that Indiana's lethal injection method violated the Eighth Amendment, and that the last-minute nature of his claims strongly weighed against granting him relief. Rather, the court wrote, it indicated that he brought the claims merely to delay the execution. Woods was executed on May 4, 2007, and he was dismissed as a party to the case on June 8, 2007, because the action as to him had become moot.

On May 18, 2007, the action was set for trial on September 22, 2007. Three days later, the Indiana Supreme Court set a June 15, 2007 date for Lambert's execution. Lambert filed a motion for preliminary injunction, and on June 12, 2007, the District Court (Judge Young) denied Lambert's motion for injunctive relief for the same reasons that it had denied Woods' motion—he had not shown a likelihood of success on the merits and that he had brought the claim merely to delay the inevitable execution. Lambert appealed this decision, and on July 9, 2007, the U.S. Court of Appeals for the Seventh Circuit affirmed the District Court's decision. On July 12, 2007, Lambert was dismissed as a party to the lawsuit.

The defendants asked the court for summary judgment in their case against Norman Timberlake, and on August 16, 2007, the District Court (Judge Young) granted them summary judgment and vacated the earlier scheduled trial date. The court reasoned that since they had already twice found (in the cases of Mr. Woods and Mr. Lambert) that Indiana's execution protocol did not violate the rights of the executed prisoner, Mr. Timberlake had not established a genuine issue as to whether the state's execution protocol created a significant risk that he would suffer unnecessary pain during the execution process, therefore making summary judgment appropriate.

On September 17, 2007, Timberlake appealed the district court’s decision. His appeal was heard but the Court of Appeals vacated the decision and remanded the case with the instruction to dismiss the case for lack of case or controversy. Timberlake had passed away before the Court of Appeals could decide the case. On January 9, 2008, the District Court dismissed the case with accordance to the instructions for remand. The case is now closed.

Summary Authors

Kristen Sagar (8/31/2007)

Christiana Johnson (11/27/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4266342/parties/timberlake-v-donahue/


Judge(s)

Bauer, William Joseph (Illinois)

Evans, Terence Thomas (Wisconsin)

Kanne, Michael Stephen (Indiana)

Lawrence, William T. (Indiana)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Freedman, Alan M. (Illinois)

Wagoner, Linda M. (Indiana)

Waples, Richard A. (Indiana)

Westerfeld, Brent (Indiana)

Youngcourt, Lorinda Meier (Indiana)

Judge(s)

Bauer, William Joseph (Illinois)

Evans, Terence Thomas (Wisconsin)

Kanne, Michael Stephen (Indiana)

Lawrence, William T. (Indiana)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Freedman, Alan M. (Illinois)

Wagoner, Linda M. (Indiana)

Waples, Richard A. (Indiana)

Westerfeld, Brent (Indiana)

Youngcourt, Lorinda Meier (Indiana)

Attorneys(s) for Defendant

Carter, Stephen (Indiana)

Creason, Stephen R. (Indiana)

Isenberg, Betsy M (Indiana)

Quigley, Thomas D (Indiana)

Other Attorney(s)

Heise, Carol R (Illinois)

Komp, Lawrence (Missouri)

Van Der Pol, William Jr. (Indiana)

Documents in the Clearinghouse

Document

1:06-cv-01859

Docket [PACER]

Jan. 9, 2008

Jan. 9, 2008

Docket
1

1:06-cv-01859

Complaint

Timberlake v. Donahue and Buss

Dec. 29, 2006

Dec. 29, 2006

Complaint
11

1:06-cv-01859

Answer and Statement of Defenses

Timberlake v. Donahue and Buss

Jan. 5, 2007

Jan. 5, 2007

Pleading / Motion / Brief
13

1:06-cv-01859

Response to Discovery Request

Timberlake v. Buss

Jan. 8, 2007

Jan. 8, 2007

Pleading / Motion / Brief
14

1:06-cv-01859

Motion for Preliminary Injunction

Timberlake v. Buss

Jan. 9, 2007

Jan. 9, 2007

Pleading / Motion / Brief
20

1:06-cv-01859

Response in Opposition to Motion for Preliminary Injunction

Timberlake v. Buss

Jan. 10, 2007

Jan. 10, 2007

Pleading / Motion / Brief
26

1:06-cv-01859

Memorandum in Support of Motion for Judgment on the Pleadings

Timberlake v. Buss

Jan. 10, 2007

Jan. 10, 2007

Pleading / Motion / Brief
34

1:06-cv-01859

Reply to Defendant's Reponse in Opposition to Motion for Preliminary Injunction

Timberlake v. Buss

Jan. 15, 2007

Jan. 15, 2007

Pleading / Motion / Brief
38

1:06-cv-01859

Memorandum

Timberlake v. Donahoe

Jan. 16, 2007

Jan. 16, 2007

Order/Opinion
43

1:06-cv-01859

Motion of Michael Lambert to Intervene as Plaintiff-Intervenor

Timberlake v. Buss

March 1, 2007

March 1, 2007

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4266342/timberlake-v-donahue/

Last updated Sept. 5, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against J. DAVID DONAHUE, ED BUSS, UNKNOWN EXECUTIONERS, filed by plaintiff NORMAN TIMBERLAKE. (Attachments: # 1 Exhibit A Order Setting Date# 2 Exhibit B Letter dated May 2,2003# 3 Exhibit C DOC Operation Directive# 4 Exhibit D Article# 5 Exhibit E Executive Order 06-260# 6 Exhibit F South Bend Medical# 7 Exhibit G Report to St. Anthony's Hospital# 8 Exhibit H Command Center Minutes)(AAM) (Entered: 12/29/2006)

1 Exhibit Order Setting Date

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2 Exhibit B Letter dated May 2,2003

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3 Exhibit C DOC Operation Directive

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4 Exhibit D Article

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5 Exhibit E Executive Order 06-260

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6 Exhibit F South Bend Medical

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7 Exhibit G Report to St. Anthony's Hospital

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8 Exhibit H Command Center Minutes

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Dec. 29, 2006

Dec. 29, 2006

PACER
2

CIVIL COVER SHEET, filed by Plaintiff NORMAN TIMBERLAKE. (AAM) (Entered: 12/29/2006)

Dec. 29, 2006

Dec. 29, 2006

PACER
3

MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff NORMAN TIMBERLAKE. (AAM) (Entered: 12/29/2006)

Dec. 29, 2006

Dec. 29, 2006

PACER
4

WAIVER OF SERVICE Returned Executed, filed by NORMAN TIMBERLAKE. J. DAVID DONAHUE waiver sent on 12/29/2006. (AAM) (Entered: 12/29/2006)

Dec. 29, 2006

Dec. 29, 2006

PACER
5

WAIVER OF SERVICE Returned Executed, filed by NORMAN TIMBERLAKE. (AAM) (Entered: 12/29/2006)

Dec. 29, 2006

Dec. 29, 2006

PACER
6

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAM) (Entered: 12/29/2006)

Dec. 29, 2006

Dec. 29, 2006

PACER
7

NOTICE of Appearance by Thomas D. Quigley on behalf of Defendants J. DAVID DONAHUE, ED BUSS. (Quigley, Thomas) (Entered: 01/03/2007)

Jan. 3, 2007

Jan. 3, 2007

PACER
8

NOTICE of Appearance by Stephen R. Creason on behalf of Defendants J. DAVID DONAHUE, ED BUSS. (Creason, Stephen) (Entered: 01/03/2007)

Jan. 3, 2007

Jan. 3, 2007

PACER
9

ENTRY concerning conference of 1/3/07. Signed by Judge Richard L. Young on 1/4/07. (CLL) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

PACER
10

NOTICE of Appearance by Betsy M. Isenberg on behalf of Defendants J. DAVID DONAHUE, ED BUSS. (Isenberg, Betsy) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

PACER
11

ANSWER to Complaint and Statement of Defenses, filed by J. DAVID DONAHUE, ED BUSS.(Quigley, Thomas) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

PACER
12

ENTRY concerning selected matter (See Entry). Signed by Judge Richard L. Young on 1/8/07. (CLL) (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

PACER
13

RESPONSE to Discovery Request from Norman Timberlake, filed by Defendant ED BUSS. (Attachments: # 1 Exhibit Plaintiff's First Request for Production of Documents# 2 Exhibit Operation Directive ISP 02-04# 3 Exhibit Operation Directive ISP 06-26)(Quigley, Thomas) (Entered: 01/08/2007)

1 Exhibit Plaintiff's First Request for Production of Documents

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2 Exhibit Operation Directive ISP 02-04

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3 Exhibit Operation Directive ISP 06-26

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Jan. 8, 2007

Jan. 8, 2007

PACER
14

MOTION for Preliminary Injunction, filed by Plaintiff NORMAN TIMBERLAKE., (Westerfeld, Brent) (Entered: 01/09/2007)

Jan. 9, 2007

Jan. 9, 2007

PACER
15

EXHIBIT in Support re 14 MOTION for Preliminary Injunction Exhibt 1 in support of motion for preliminary injunction, filed by Plaintiff NORMAN TIMBERLAKE. (Westerfeld, Brent) (Entered: 01/09/2007)

Jan. 9, 2007

Jan. 9, 2007

PACER
16

EXHIBIT in Support re 14 MOTION for Preliminary Injunction Exhibit 2 in support of motion for preliminary injunction, filed by Plaintiff NORMAN TIMBERLAKE. (Westerfeld, Brent) (Entered: 01/09/2007)

Jan. 9, 2007

Jan. 9, 2007

PACER
17

EXHIBIT in Support re 14 MOTION for Preliminary Injunction Exhibit 3 in support of motion for preliminary injunction, filed by Plaintiff NORMAN TIMBERLAKE. (Westerfeld, Brent) (Entered: 01/09/2007)

Jan. 9, 2007

Jan. 9, 2007

PACER
18

EXHIBIT in Support re 14 MOTION for Preliminary Injunction Exhibit 4 in support of motion for preliminary injunction, filed by Plaintiff NORMAN TIMBERLAKE. (Westerfeld, Brent) (Entered: 01/09/2007)

Jan. 9, 2007

Jan. 9, 2007

PACER
19

MOTION to Strike 14 MOTION for Preliminary Injunction, filed by Defendant ED BUSS., (Attachments: # 1 Text of Proposed Order)(Isenberg, Betsy) (Entered: 01/10/2007)

1 Text of Proposed Order

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Jan. 10, 2007

Jan. 10, 2007

PACER
20

RESPONSE in Opposition re 14 MOTION for Preliminary Injunction, filed by Defendant ED BUSS. (Quigley, Thomas) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

PACER
21

SCHEDULING ORDER:Bench Trial set for 1/17/2007 09:30 AM in room #349 before Judge Richard L. Young. If plaintiff wishes to be produced as a witness at trial, his cousnel shall promptly notify a pro se clerk at 317-229-3950. Signed by Judge Richard L. Young on 1/10/07. (CLL) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

PACER
22

ORDER denying 19 Motion to Strike. Signed by Judge Richard L. Young on 1/10/07. (CLL) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

RECAP
23

EXHIBIT in Support re 14 MOTION for Preliminary Injunction Exhibit 8 in support of Motion for Preliminary Injunction, filed by Plaintiff NORMAN TIMBERLAKE. (Westerfeld, Brent) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

PACER
24

EXHIBIT in Support re 14 MOTION for Preliminary Injunction Exhibit 9 in support of Motion for Preliminary Injunction, filed by Plaintiff NORMAN TIMBERLAKE. (Westerfeld, Brent) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

PACER
25

MOTION for Judgment on the Pleadings, filed by Defendant ED BUSS., (Quigley, Thomas) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

PACER
26

BRIEF/MEMORANDUM in Support re 25 MOTION for Judgment on the Pleadings, filed by Defendant ED BUSS. (Quigley, Thomas) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

PACER
27

MOTION to Expedite Discovery, filed by Defendant ED BUSS., (Attachments: # 1 Exhibit Interrogatories to the plaintiff# 2 Text of Proposed Order)(Quigley, Thomas) (Entered: 01/10/2007)

1 Exhibit Interrogatories to the plaintiff

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2 Text of Proposed Order

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Jan. 10, 2007

Jan. 10, 2007

PACER
28

Submission supplmenting Motion to proceed in forma pauperis, filed by Plaintiff NORMAN TIMBERLAKE. (Attachments: # 1 Supplement Petitioner's inmate trust account history)(Westerfeld, Brent) (Entered: 01/11/2007)

1 Supplement Petitioner's inmate trust account history

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Jan. 11, 2007

Jan. 11, 2007

PACER
29

First MOTION to Amend/Correct 14 MOTION for Preliminary Injunction Counsel's Motion to Adopt Pleading filed under ECF registration and passwrd, filed by Plaintiff NORMAN TIMBERLAKE., (Westerfeld, Brent) (Entered: 01/11/2007)

Jan. 11, 2007

Jan. 11, 2007

PACER
30

RESPONSE to Discovery Request from Plaintiff Timberlake, filed by Defendant ED BUSS. (Attachments: # 1 Exhibit draft procedure)(Quigley, Thomas) (Entered: 01/11/2007)

1 Exhibit draft procedure

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Jan. 11, 2007

Jan. 11, 2007

PACER
31

ORDER granting 3 Motion for Leave to Proceed in forma pauperis; granting 29 Motion Amend/Correct Motion for Preliminary Injunction; taking under advisement 25 Motion for Judgment on the Pleadings; granting 27 Motion to Expedite Discovery. Signed by Judge Richard L. Young on 1/12/07. (CLL) Modified docket no. 29 instead of docket no. 14 1/12/2007 (CLL). (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

RECAP
32

Submission of Protocol, filed by Defendant ED BUSS. (Attachments: # 1 Operation Directive ISP 06-26# 2 Appendix O to Operation Directive ISP 06-26)(Isenberg, Betsy) (Entered: 01/12/2007)

1 Operation Directive ISP 06-26

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2 Appendix O to Operation Directive ISP 06-26

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Jan. 12, 2007

Jan. 12, 2007

PACER
33

MOTION for Reconsideration re 31 Order on Motion for Leave to Proceed in forma pauperis,, Order on Motion for Preliminary Injunction,, Order on Motion for Judgment on the Pleadings,,,, filed by Defendant ED BUSS., (Attachments: # 1 Text of Proposed Order)(Quigley, Thomas) (Entered: 01/12/2007)

1 Text of Proposed Order

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Jan. 12, 2007

Jan. 12, 2007

PACER
34

REPLY in Support of Motion re 14 MOTION for Preliminary Injunction Reply to Defendant's Reponse in Opposition to Motion for Preliminary Injunction, filed by Plaintiff NORMAN TIMBERLAKE. (Westerfeld, Brent) (Entered: 01/15/2007)

Jan. 15, 2007

Jan. 15, 2007

PACER
35

Witness List and Exhibit List, filed by Plaintiff NORMAN TIMBERLAKE. (Westerfeld, Brent) (Entered: 01/15/2007)

Jan. 15, 2007

Jan. 15, 2007

PACER
36

Witness List and Exhibit List, filed by Defendant ED BUSS. (Isenberg, Betsy) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER
37

NOTICE of Appearance by Richard A. Waples on behalf of Plaintiff NORMAN TIMBERLAKE. (Waples, Richard) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER
38

ORDER granting in part and denying in part 33 Motion for Reconsideration. Signed by Judge Richard L. Young on 1/16/07. (CLL) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

RECAP
39

Witness List Amendment to Witness List, filed by Plaintiff NORMAN TIMBERLAKE. (Westerfeld, Brent) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER
40

Exhibit List Second Amended Witness and Exhibit List, filed by Plaintiff NORMAN TIMBERLAKE. (Westerfeld, Brent) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER
41

Witness List Plaintiff's Report on Witness Availability, filed by Plaintiff NORMAN TIMBERLAKE. (Westerfeld, Brent) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER
42

NORMAN TIMBERLAKE has made a Partial Payment of $ 4.00. Receipt is #0102. (CLL) (Entered: 02/15/2007)

Feb. 9, 2007

Feb. 9, 2007

PACER
43

MOTION to Intervene as Plaintiff-Intervenor., (Freedman, Alan) (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

PACER
44

NOTICE of Appearance by Alan M. Freedman on behalf of Intervenor Plaintiff MICHAEL ALLEN LAMBERT. (Freedman, Alan) (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

PACER
45

APPLICATION to Proceed without Prepayment of Fees and Affidavit, filed by Intervenor Plaintiff MICHAEL ALLEN LAMBERT. (Attachments: # 1 Certificat of Service for Pauper's Petition)(Freedman, Alan) (Entered: 03/01/2007)

1 Certificat of Service for Pauper's Petition

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March 1, 2007

March 1, 2007

PACER
46

NOTICE of Appearance by Carol Rose Heise on behalf of Intervenor Plaintiff MICHAEL ALLEN LAMBERT. (Heise, Carol) (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

PACER
47

NOTICE of Appearance by Laurence E. Komp on behalf of Intervenor Plaintiff MICHAEL ALLEN LAMBERT. (Komp, Laurence) (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

PACER
48

First MOTION to Intervene., (Van Der Pol, William) (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

PACER
49

NOTICE of Appearance by William Van Der Pol, Jr on behalf of Intervenor Plaintiff David Leon Woods. (Van Der Pol, William) (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

PACER
50

MOTION for Leave to Proceed in forma pauperis, filed by Intervenor Plaintiff David Leon Woods. (Van Der Pol, William) (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

PACER
51

MOTION to Amend/Correct Leave to proceed in forma pauperis, filed by Intervenor Plaintiff David Leon Woods., (Van Der Pol, William) (Entered: 03/06/2007)

March 6, 2007

March 6, 2007

PACER
52

NOTICE of Withdrawal of Appearance by Stephen R. Creason on behalf of J. DAVID DONAHUE, ED BUSS (Creason, Stephen) (Entered: 03/08/2007)

March 8, 2007

March 8, 2007

PACER
53

RESPONSE in Opposition re 43 MOTION to Intervene as Plaintiff-Intervenor, filed by Defendant ED BUSS. (Quigley, Thomas) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

PACER
54

RESPONSE in Opposition re 48 First MOTION to Intervene of David Leon Woods, filed by Defendant ED BUSS. (Quigley, Thomas) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

PACER
55

RESPONSE to Motion re 43 MOTION to Intervene as Plaintiff-Intervenor, 48 First MOTION to Intervene, filed by Plaintiff NORMAN TIMBERLAKE. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Westerfeld, Brent) (Entered: 03/21/2007)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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March 21, 2007

March 21, 2007

PACER
56

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff NORMAN TIMBERLAKE. (Attachments: # 1 Text of Proposed Order Case Managment Plan Summary)(Westerfeld, Brent) (Entered: 03/27/2007)

1 Text of Proposed Order Case Managment Plan Summary

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March 27, 2007

March 27, 2007

PACER
57

ORDER granting 43 Motion to Intervene; granting 48 Motion to Intervene; granting 50 Motion for Leave to Proceed in forma pauperis; granting 51 Motion to Amend/Correct; denying 14 Motion for Preliminary Injunction; denying 25 Motion for Judgment on the Pleadings. Signed by Judge Richard L. Young on 4/10/07. (CLL) (Entered: 04/10/2007)

April 10, 2007

April 10, 2007

RECAP
58

NOTICE of Appearance by Linda M. Wagoner on behalf of Intervenor Plaintiff DAVID LEON WOODS. (Wagoner, Linda) (Entered: 04/11/2007)

April 11, 2007

April 11, 2007

PACER
59

SCHEDULING ORDER:Status Conference set for 4/12/2007 11:30 AM in Telephonic before Judge Richard L. Young. Counsel shall call the Court at 317-229-3964. Signed by Judge Richard L. Young on 4/11/07. (CLL) (Entered: 04/11/2007)

April 11, 2007

April 11, 2007

PACER
60

ENTRY does not approve the tendered cmp. The parties have 21 days to file an amended cmp. Intervenor plaintiffs, Lambert and Woods, have through 4/17/07 to file a statement of claim. The defendant shall have through 4/25/07 to answer plaintiffs' Statements. Signed by Judge Richard L. Young on 4/11/07. (CLL) (Entered: 04/11/2007)

April 11, 2007

April 11, 2007

PACER
61

MOTION for Discovery Expedited, filed by Intervenor Plaintiff DAVID LEON WOODS., (Attachments: # 1 Exhibit 1# 2 Text of Proposed Order)(Wagoner, Linda) (Entered: 04/12/2007)

1 Exhibit 1

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2 Text of Proposed Order

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April 12, 2007

April 12, 2007

PACER
62

Minute Order. Proceedings held before Judge Richard L. Young :Telephone Conference held on 4/13/2007.(CLL) (Entered: 04/13/2007)

April 13, 2007

April 13, 2007

PACER
63

ORDER granting in part and denying in part 61 Motion for Expedited Discovery. Signed by Judge Richard L. Young on 4/16/07. (CLL) (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

RECAP
64

Intervenor COMPLAINT Statement of Claim, filed by MICHAEL ALLEN LAMBERT.(Freedman, Alan) (Entered: 04/17/2007)

April 17, 2007

April 17, 2007

PACER
65

MOTION For Order to Answer Interrogatories, filed by Intervenor Plaintiff DAVID LEON WOODS., (Attachments: # 1 Exhibit 1# 2 Text of Proposed Order)(Wagoner, Linda) (Entered: 04/17/2007)

1 Exhibit 1

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2 Text of Proposed Order

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April 17, 2007

April 17, 2007

PACER
66

Intervenor COMPLAINT, filed by DAVID LEON WOODS.(Wagoner, Linda) (Entered: 04/17/2007)

April 17, 2007

April 17, 2007

PACER
67

MOTION for Preliminary Injunction, filed by Intervenor Plaintiff DAVID LEON WOODS., (Attachments: # 1 Text of Proposed Order)(Wagoner, Linda) (Entered: 04/18/2007)

1 Text of Proposed Order

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April 18, 2007

April 18, 2007

PACER
68

SCHEDULING ORDER:Preliminary Injunction Hearing set for 4/26/2007 09:30 AM in room #349 before Judge Richard L. Young. Signed by Judge Richard L. Young on 4/20/07. (CLL) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

PACER
69

ENTRY, SCHEDULING ORDER: Status Conference set for 4/25/2007 11:30 AM in Telephonic before Judge Richard L. Young. Signed by Judge Richard L. Young on 4/23/07. (CLL) (Entered: 04/23/2007)

April 23, 2007

April 23, 2007

PACER
70

ANSWER to Intervenor Complaint of Michael Allen Lambert and Statement of Defenses, ANSWER to Intervenor Complaint of David Leon Woods and Statement of Defenses, filed by ED BUSS.(Isenberg, Betsy) (Entered: 04/23/2007)

April 23, 2007

April 23, 2007

PACER
71

NOTICE, filed by Plaintiff NORMAN TIMBERLAKE, re 35 Witness List. Notice Withdrawing Name from Witness List. (Westerfeld, Brent) (Entered: 04/24/2007)

April 24, 2007

April 24, 2007

PACER
72

Witness List, filed by Intervenor Plaintiff DAVID LEON WOODS. (Wagoner, Linda) (Entered: 04/24/2007)

April 24, 2007

April 24, 2007

PACER
73

Witness List and Exhibit List, filed by Defendant ED BUSS. (Isenberg, Betsy) (Entered: 04/24/2007)

April 24, 2007

April 24, 2007

PACER
74

MOTION for Summary Judgment (procedural issues), filed by Defendant ED BUSS., (Quigley, Thomas) (Entered: 04/24/2007)

April 24, 2007

April 24, 2007

PACER
75

BRIEF/MEMORANDUM in Support re 74 MOTION for Summary Judgment (procedural issues), filed by Defendant ED BUSS. (Attachments: # 1 Affidavit Declaraton of Ed Buss# 2 Affidavit Declaration of Barry Nothstine# 3 Affidavit Declaration of Howard Morton)(Quigley, Thomas) (Entered: 04/24/2007)

1 Affidavit Declaraton of Ed Buss

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2 Affidavit Declaration of Barry Nothstine

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3 Affidavit Declaration of Howard Morton

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April 24, 2007

April 24, 2007

PACER
76

Exhibit List, filed by Intervenor Plaintiff DAVID LEON WOODS. (Wagoner, Linda) (Entered: 04/24/2007)

April 24, 2007

April 24, 2007

PACER
77

MOTION to Produce Documents, filed by Intervenor Plaintiff DAVID LEON WOODS., (Attachments: # 1 Exhibit 1# 2 Text of Proposed Order)(Wagoner, Linda) (Entered: 04/25/2007)

1 Exhibit 1

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2 Text of Proposed Order

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April 25, 2007

April 25, 2007

PACER
78

RESPONSE to Discovery Request from David Woods, filed by Defendant ED BUSS.(Quigley, Thomas) (Entered: 04/25/2007)

April 25, 2007

April 25, 2007

PACER
79

Witness List, filed by Intervenor Plaintiff DAVID LEON WOODS. (Wagoner, Linda) (Entered: 04/25/2007)

April 25, 2007

April 25, 2007

PACER
80

RESPONSE in Opposition re 67 MOTION for Preliminary Injunction, filed by Defendant ED BUSS. (Quigley, Thomas) (Entered: 04/25/2007)

April 25, 2007

April 25, 2007

PACER
81

ORDER denying 65 Motion for order to answer interrogatories; denying 77 Motion to Produce documents. Signed by Judge Richard L. Young on 4/25/07. (CLL) (Entered: 04/25/2007)

April 25, 2007

April 25, 2007

PACER
82

MINUTE ENTRY on 4/26/07 hearing on the application of intervenor plaintiff Woods' for a preliminary injunction. (See Entry) Signed by Judge Richard L. Young on 04/26/2007. (TMA) (Entered: 04/27/2007)

April 27, 2007

April 27, 2007

PACER
83

RESPONSE in Opposition re 74 MOTION for Summary Judgment (procedural issues), 67 MOTION for Preliminary Injunction, filed by Intervenor Plaintiff DAVID LEON WOODS. (Attachments: # 1 Exhibit # 2 Exhibit)(Van Der Pol, William) (Entered: 04/30/2007)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

April 30, 2007

April 30, 2007

PACER
84

TRANSCRIPT of Proceedings held on April 26, 2007 before Judge Richard L. Young. Court Reporter: Pat Cline. (CLL) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

PACER
85

REPLY in Support of Motion re 74 MOTION for Summary Judgment (procedural issues), filed by Defendant ED BUSS. (Quigley, Thomas) (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

PACER
86

ORDER denying 74 Motion for Summary Judgment. Signed by Judge Richard L. Young on 5/1/07. (CLL) (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

RECAP
87

Surreply re 67 MOTION for Preliminary Injunction Response to Defendant's Reply, filed by Intervenor Plaintiff DAVID LEON WOODS. (Van Der Pol, William) (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

PACER
88

MOTION for Leave to File Response to Defendant's Reply, filed by Intervenor Plaintiff DAVID LEON WOODS., (Van Der Pol, William) (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

PACER
89

ORDER denying as moot 88 Motion for Leave to File Response to Defendant's Reply. Signed by Judge Richard L. Young on 5/1/07. (CLL) (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

PACER
90

ORDER denying 67 Motion for Preliminary Injunction. Signed by Judge Richard L. Young on 5/1/07. (CLL) (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

RECAP
91

NOTICE OF APPEAL as to 86 Order on Motion for Summary Judgment, 90 Order on Motion for Preliminary Injunction, filed by Intervenor Plaintiff DAVID LEON WOODS. (Van Der Pol, William) (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

RECAP
92

MOTION for Leave to Appeal in forma pauperis, filed by Intervenor Plaintiff DAVID LEON WOODS. (Van Der Pol, William) (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

PACER
93

MOTION to Stay re 86 Order on Motion for Summary Judgment, 90 Order on Motion for Preliminary Injunction, filed by Intervenor Plaintiff DAVID LEON WOODS., (Van Der Pol, William) (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

PACER
94

DOCKETING STATEMENT by DAVID LEON WOODS re 91 Notice of Appeal (Van Der Pol, William) (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

PACER
95

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 91 Notice of Appeal. In addition, Parties' Short Record, Instructions, and Designation of Record information attached. (TMA) (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

PACER
96

ORDER GRANTING 92 Motion for Leave to Appeal in forma pauperis; denying 93 Motion to Stay. (See Entry) Signed by Judge Richard L. Young on 05/02/2007. (TMA) Modified on 5/2/2007 (TMA). (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

PACER
97

Transmitted Entire Record on Appeal to US Court of Appeals re 91 Notice of Appeal, via email as pdf documents. (TMA) (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

PACER
98

USCA Case Number 07-2001 for 91 Notice of Appeal filed by DAVID LEON WOODS. (TMA) (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

PACER
99

SCHEDULING ORDER:Bench Trial set for 9/17/2007 09:30 AM in room #349 before Judge Richard L. Young. The Court allots 4 days to try this case. Signed by Judge Richard L. Young on 5/18/07. (CLL) (Entered: 05/18/2007)

May 18, 2007

May 18, 2007

PACER
100

ENTRY directing further proceedings. Signed by Judge Richard L. Young on 5/21/07. (CLL) (Entered: 05/21/2007)

May 21, 2007

May 21, 2007

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 29, 2006

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Death-sentenced prisoners in the Indiana State Prison system

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Indiana Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

Death Penalty:

Lethal Injection - Chemicals Used