Case: Moore v. Rees

3:06-cv-00022 | U.S. District Court for the Eastern District of Kentucky

Filed Date: April 19, 2006

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On April 19, 2006, the plaintiff, a death row inmate in Kentucky represented by private counsel, filed a lawsuit against the Kentucky Department of Corrections, the warden of the Kentucky State Penitentiary, the medical director of the Kentucky Department of Corrections, and the governor of Kentucky in the U.S. District Court for the Eastern District of Kentucky. The plaintiff sought a temporary restraining order, injunctive and declaratory relief under 42 U.S.C. § 1983 for violations of his E…

On April 19, 2006, the plaintiff, a death row inmate in Kentucky represented by private counsel, filed a lawsuit against the Kentucky Department of Corrections, the warden of the Kentucky State Penitentiary, the medical director of the Kentucky Department of Corrections, and the governor of Kentucky in the U.S. District Court for the Eastern District of Kentucky. The plaintiff sought a temporary restraining order, injunctive and declaratory relief under 42 U.S.C. § 1983 for violations of his Eighth Amendment right to protection against cruel and unusual punishment.

The plaintiff claimed that the defendants' current method of lethal injection was unconstitutional because it created an unnecessary risk that the plaintiff would be tortured to death. The plaintiff was at a heightened risk due to damaged and compromised veins that made it difficult and potentially impossible for an I.V. to be inserted in the traditional way. Additionally, the plaintiff claimed that the defendants failed to ensure that personnel administering the lethal injection were properly trained, they did not have the means to appropriately monitor consciousness, and did not have adequate equipment to maintain life if a last minute stay of execution was granted after the first or second of the three chemicals had been administered.

The plaintiff asked the Court to bar the defendants from carrying out any execution until they had promulgated a rule officially detailing all aspects of the procedures used in the execution process. On April 26, 2006, the plaintiff filed a similar complaint in the Kentucky Circuit Court for Franklin County.

After the case was filed, several other inmates intervened and joined the lawsuit as plaintiffs. The Franklin Circuit Court held a full trial in the case of Bowling and Baze, holding that the state's lethal injection method did not violate their Eighth Amendment rights. They appealed to the Kentucky Supreme Court, who affirmed the decision on November 22, 2006. Baze v. Rees, 217 S.W.3d 207, 2006 WL 3386544 (Ky. 2006). Baze and Bowling filed their motions to intervene in this action five days later.

On March 30, 2007, the Court denied the plaintiffs' motion for a preliminary injunction barring the defendants from scheduling or carrying out their executions. The Court also denied the plaintiffs' motion requesting a deposition from the governor of Kentucky about how he would respond if the execution was postponed. The plaintiffs' motion to compel disclosure of the Kentucky Department of Corrections' electrocution protocol was denied as was their facial challenge to the constitutionality of electrocution. The Court granted the plaintiffs' motion for permission to depose the defendant execution team members.

On October 13, 2015 the Court considered whether the plaintiffs' claims were barred by the statute of limitations under Cooey v. Strickland, whether their claims survived the Supreme Court decision in Baze v. Rees, and whether their claims were rendered moot by subsequent revisions to Kentucky's lethal injection protocol.

First, the court concluded that the plaintiff's claims were barred by the statute of limitations. In Cooey v. Strickland the Sixth Circuit considered the accrual of method-of-execution claims and determined that the claim accrues upon the conclusion of direct review of the prisoner's underlying conviction and sentence in the state courts. The Court determined that the plaintiffs' claims accrued on March 31, 1998 and that the one-year statute of limitations for asserting personal injuries applied; thus, the plaintiffs needed to have filed their claims on or before March 31, 1999.

Because the plaintiff's claim was time-barred, the Court did not reach a formal conclusion regarding whether the plaintiff's claims survived the Supreme Court decision in Baze v. Rees. Finally, the plaintiffs conceded that the adoption of an entirely-new lethal injection protocol over the course of several years between 2010 and 2013 rendered many aspects of their original claim moot. The Court therefore concluded that the plaintiffs' challenge to Kentucky's since-superseded lethal injection protocol was subject to dismissal on mootness grounds. The Court dismissed the plaintiffs' case with prejudice on October 13, 2015.

Summary Authors

Xin Chen (3/11/2012)

Anna Jones (2/22/2016)

Related Cases

Baze v. Rees, Kentucky state trial court (2004)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4706564/parties/moore-v-rees/


Judge(s)

Caldwell, Karen K. (Kentucky)

McNamara, Sam (Kentucky)

Attorneys(s) for Plaintiff

Balliet, Susan (Kentucky)

Barron, David M. (Kentucky)

Thomas, Marguerite Neill (Kentucky)

Attorneys(s) for Defendant

Combs, Brenn Oliver (Kentucky)

Cummings, John C. (Kentucky)

Harris-Ray, Holly (Kentucky)

Middendorf, Jeffrey T. (Kentucky)

Self , Thomas (Kentucky)

Judge(s)

Caldwell, Karen K. (Kentucky)

McNamara, Sam (Kentucky)

Attorneys(s) for Plaintiff

Balliet, Susan (Kentucky)

Barron, David M. (Kentucky)

Thomas, Marguerite Neill (Kentucky)

Attorneys(s) for Defendant

Combs, Brenn Oliver (Kentucky)

Cummings, John C. (Kentucky)

Harris-Ray, Holly (Kentucky)

Middendorf, Jeffrey T. (Kentucky)

Self , Thomas (Kentucky)

Other Attorney(s)

Palombi, John Anthony (Kentucky)

Documents in the Clearinghouse

Document

3:06-cv-00022

Docket [PACER]

Oct. 31, 2012

Oct. 31, 2012

Docket

3:06-cv-00022

Docket [PACER]

Oct. 13, 2015

Oct. 13, 2015

Docket
5-1

3:06-cv-00022

Motion for Temporary Restraining Order and Preliminary Injunction [. . .]

April 19, 2006

April 19, 2006

Pleading / Motion / Brief
1-1

3:06-cv-00022

Complaint for Declaratory Judgment and Injunctive Relief

April 19, 2006

April 19, 2006

Complaint

06-CI-00574

Complaint for Declaratory and Injunctive Relief (State Court)

Moore v. Rees

Kentucky state trial court

April 26, 2006

April 26, 2006

Complaint
25

3:06-cv-00022

Second Notice of Supplemental Information

May 3, 2006

May 3, 2006

Notice Letter
36-1

3:06-cv-00022

Motion to Intervene as Plaintiff-Intervenor [Leonard]

June 16, 2006

June 16, 2006

Pleading / Motion / Brief
37

3:06-cv-00022

Moore's Response to Jeffrey Leonard's Motion to Intervene

Moore v. Rees

June 16, 2006

June 16, 2006

Pleading / Motion / Brief
38-1

3:06-cv-00022

Answer [to the Complaint]

Moore v. Rees

June 20, 2006

June 20, 2006

Pleading / Motion / Brief

06-CI-00574

Motion for Summary Judgment

Bowling v. Kentucky Department of Corrections

Kentucky state trial court

June 21, 2006

June 21, 2006

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4706564/moore-v-rees/

Last updated Aug. 1, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
139

MEMORANDUM OPINION & ORDER: 1. Moore's Motion for a preliminary injunction 5 barring Dfts from carrying out his execution is DENIED. 2. Moore's motion for the Court to reconsider it prior order quashing deposition subpoena for KY G ov Ernie Fletcher 54 is DENIED. 3. Dfts' motion for an extension of time to file their response to Moore's mtn to compel them to disclose electrocution protocol 85 is GRANTED. The Clerk of Court is directed to file the ten dered response into the record. 4. Moore's motion to compel Dfts to disclose KY's electrocution protocol 80 is DENIED. 5. Moore's motions for permission to dispose Dft execution team members 81 110 are GRANTED. 6. D fts' motion for an extension of time to file their response to Moore's motion to compel discovery 92 is GRANTED. The Clerk of Court is directed to file the tendered response into the record. 7. Moore's motion to compel the Df ts to gather data during their attempts to draw blood from Moore 82 is DENIED. 8. Moore's motion to compel the Dfts to provide answers to his discovery requests 83 is GRANTED in PART and DENIED in PART. 9. The parties shall f ile briefs addressing solely those issues identified in Section VII of this Memorandum as follows: Plf, Moore's brief is due on or before 4/18/07; Dfts' brief is due on or before 5/16/07; Plf, Moore's reply is due on or before 5/30/07. No other or further briefing shall be permitted unless directed by Order of Court. The matter will stand submitted for decision upon filing of Moore's reply. 10. All forms of discovery in this action shall be stayed pending further orders of the Court. Signed by Judge Karen K. Caldwell. (AKR)cc: COR

March 30, 2007

March 30, 2007

RECAP
1

COMPLAINT 4 summons(es)issued with copy , filed by Brian Keith Moore. (Attachments: # 1 Remaining Pages of Complaint 59−63# 2 Exhibit to Complaint − Grievance Rejection Notice &Inmate Grievance Form# 3 Memorandum in Support of Complaint re Lethal Injunctions − Part 1 ( Exhibits to Memo not Scanned on file in Fkt Clerk's Ofc)# 4 Memorandum in Support of Complaint re Lethal Injections Part 2( Exhibits to Memo not Scanned on file in Clerk's Ofc)# 5 Memorandum in Support of Complaint re Execution ( Exhibits to Memo not Scanned on file in Clerk's Ofc)# 6 Cover Sheet, Case Assignment &Summonses)(CBD) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

2

MOTION for Leave to Proceed in forma pauperis by Brian Keith Moore (Attachments: # 1 Certification of Funds# 2 Proposed Order)(CBD) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

188

MEMORANDUM OPINION & ORDER: 1. Baze's Mtn for leave to supplement Baze's Reply to Response in Oppostion to Emergency Mtn to Intervene (dkt 114 ) is GRANTED. 2. Plfs, Moore & Leonards's Joint Mtn to Strike Portions of Dfts' ; Rooker-Feldman Memorandum that argue Moore & Leonard's suit should be dismissed (dkt 129 ) is DENIED; their "Joint Mtn for leave to file a response to Dfts' Rooker-Feldman Memorandum" (dkt 130 ) is GRA NTED. 3. Baze's "Emergency Mtn to Intervene as Plf-Intervenor" (Dkt 101 ) is DENIED. 4. Following mtns by prop intervenor Ralph Baze: a. "Emergency Mtn to Compel Dfts to conduct approp background checks on all prese nt members of execution team & to disclose to counsel for Baze all non-identifying results of those checks" (Dkt 162 ) ; b. "Emergency Mtn to partially lift order staying discovery" (Dkt 163 ); c. "Emergency Mtn for a status co nference on litigation concerning Ralph Baze & for a scheduling order setting dealines to respond to motions & to comply with any discovery" (Dkt 164 ); d. "Emergency Mtn for a preliminary injunction barring Ralph Baze's execution pe nding the Supreme Court of the US's disposition of the petition for certiorari in Cooley v. Strickland" (Dkt 165 ); e. "Emergency Mtn to compel dft to disclose a copy of execution protocol it intends to use to execute Ralph Ba ze" (Dkt 167 ); f. "Emergency Mtn for a preliminary injunction barring Ralph Baze's execution pending a ruling on his motion to intervene" (Dkt 172 ); g. "Emergency Mtn for a preliminary injunction barring Ralph Baze's execution pending resolution of the merits of his challenge to dfts' lethal injection chemicals & procedures" (Dkt 177 ); and h. "Emergency Mtn for leave under Local Rule 7.1 to file a memorandum of law in excess of 40 pages in suppo rt of Ralph Baze's emergency mtn for preliminary injunction pending resolution of the merits of his challenge to dfts' lethal injection chemicals & procedures" (Dkt 178 ) are DENIED AS MOOT. 5. This is a final and appealable order and there is no just cause for delay. Signed by Judge Karen K. Caldwell. (AKR)cc: COR, fax to KY Supreme Court

Sept. 25, 2007

Sept. 25, 2007

RECAP
190

MEMORANDUM OPINION & ORDER: 1. Bowling's "Motion for Leave to Supplement Thomas Clyde Bowling's Reply to Response in Opposition to Emergency Mtn to Intervene as Plf-Intervenor" (Dkt 115 ) is GRANTED. 2. Bowling's "Emergency Motion to Intervene as Plf-Intervenor" (Dkt 100 ) is DENIED. 3. This is a final and appealable order and there is no just cause for delay.. Signed by Judge Karen K. Caldwell. (AKR)cc: COR

Sept. 26, 2007

Sept. 26, 2007

RECAP
3

NOTICE of Appearance of David Barron, counsel for by Brian Keith Moore (CBD) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

4

NOTICE of Appearance by Susan Jackson Balliet on behalf of Brian Keith Moore (CBD) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

192

MEMORANDUM OPINION AND ORDER: IT IS ORDERED AS FOLLOWS: 1. Epperson's 144 "MOTION for Leave to File Supplemental Reply to Defendants' Response in Opposition to Roger Dale Epperson's Motion to Intervene as Plaintiff-Intervenor" is GRANTED; 2. Roger Dale Epperson's 137 "MOTION to Intervene as Plaintiff-Intervenor is GRANTED & the Clerk is directed to file his tendered Intervenor Complaint into the record. Signed by Judge Karen K. Caldwell. (MWZ)cc: COR

Oct. 1, 2007

Oct. 1, 2007

RECAP
5

MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction Barring Defendants from Scheduling and Carrying Out Plaintiffs' Execution During the pendency of this Litigation and Consolidated Memorandum in Support by Brian Keith Moore (Attachments: # 1 Proposed Order)(CBD) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

6

MOTION for Immediate Scheduling Conference Under Rule 16 pf FRCP (for Hearing) by Brian Keith Moore (Attachments: # 1 Proposed Order)(CBD) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

7

MOTION for Order to Prohibit Defendants from conducting any physical examination of plaintiff for discovery purposes or in futherance of the Kentucky Department of Corrections' Execution Procedures and Consolidated Supporting Memo by Brian Keith Moore (Attachments: # 1 USDC SC Order dated 3/5/2004# 2 Proposed Order)(CBD) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

8

MOTION for Order to dispense with FRCP 26(f) Conference by Brian Keith Moore (Attachments: # 1 Proposed Order)(CBD) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

9

MOTION to Permit Discovery prior to FRCP 26(f) Conference and for Expedited Discovery by Brian Keith Moore (Attachments: # 1 Interrogatories# 2 Request for Entry Upon Land for Inspection# 3 First Request for Production of Documents# 4 Notice of Individuals Plaintiff Intends to Depose and Intended Scope of Depositions# 5 Proposed Order)(CBD) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 6 MOTION for Hearing by Brian Keith Moore, 2 MOTION for Leave to Proceed in forma pauperis by Brian Keith Moore, 5 MOTION for Temporary Restraining Order by Brian Keith Moore MOTION for Preliminary Injunction by Brian Keith Moore MOTION for Temporary Restraining Order by Brian Keith Moore MOTION for Preliminary Injunction by Brian Keith Moore (CBD) (Entered:

April 19, 2006

April 19, 2006

Clerk's Note: Court Copy sent to Chambers and SKV notified re Capital Case. (CBD) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

10

MOTION (for Order) to Disqualify Hon. Jeffrey Middendorf from representing any present or future defendants in this action by Brian Keith Moore (Attachments: # 1 Document outlining Duration of Effect of the Lethal Injection Chemicals# 2 Proposed Order)(CBD) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

11

SUMMONS Returned Executed by Brian Keith Moore via service on Hon David Smith, Asst. Attorney General as to Ernie Fletcher served on 4/19/2006, answer due 5/9/2006. (CBD) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

12

SUMMONS Returned Executed by Brian Keith Moore via service upon David Smith, Asst. Attorney General, as to Scott Haas served on 4/19/2006, answer due 5/9/2006. (CBD) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

13

SUMMONS Returned Executed by Brian Keith Moore via service upon Hon. David Smith, Asst. Attorney General, as to Thomas Simpson served on 4/19/2006, answer due 5/9/2006. (CBD) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

14

SUMMONS Returned Executed by Brian Keith Moore via service upon Hon. David Smith, Asst. Attorney General, as to John D. Rees served on 4/19/2006, answer due 5/9/2006. (CBD) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

15

NOTICE of Appearance by Marguerite Neill Thomas on behalf of Brian Keith Moore (CBD) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

16

EMERGENCY MOTION for Argument on 5] MOTION for Temporary Restraining Order by Brian Keith Moore MOTION for Preliminary Injunction by Brian Keith Moore 6 MOTION for Hearing by Brian Keith Moore, 8 MOTION for Order by Brian Keith Moore, 9 MOTION to Expedite by Brian Keith Moore, 7 MOTION for Order by Brian Keith Moore, 10 MOTION for Order by Brian Keith Moore, [MOTION for Temporary Restraining Order by Brian Keith Moore MOTION for Preliminary Injunction by Brian Keith Moore by Brian Keith Moore (Attachments: # 1 Proposed Order)(CBD) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

17

EMERGENCY MOTION for Order to allow discovery to begin immediately and to shorten the amount of time defendants have to respond to discovery requests by Brian Keith Moore (Attachments: # 1 Proposed Order)(CBD) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

18

MOTION for Order to shorten time for defendants to file a responsive pleading to the complaint by Brian Keith Moore (Attachments: # 1 Proposed Order)(CBD) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

19

MOTION for Disclosure of the Kentucky Department of Corrections' Execution Protocol by Brian Keith Moore (Attachments: # 1 Proposed Order # 2 Exhibit 1 − Dfts' Response to Open Records Request# 3 Exhibit 2 − Breakdown of States w/ Public or Private Lethal Injection Protocols# 4 Exhibit 3 − California State Prison − San Quentin Operational Procedure# 5 Exhibit 4 − Georgia Dept of Corrections − Lethal Injection Procedure# 6 Exhibit 5 − Maryland Execution Operations Manual# 7 Exhibit 6 − South Carolina Execution Procedures)(CBD) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 18 MOTION for Order to shorten time dfts have to answer by Brian Keith Moore, 17 MOTION for Order by Brian Keith Moore, 16 Emergency MOTION for Hearing (CBD) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

20

DEFICIENCY ORDER: 1. Current application to proceed ifp 2 denied without prejudice 2) Clerk mark assigned forms w/ case number and send to counsel for plaintiff 3. pltf required to pay filing fee 4. pla on notice that failure to submit forms or pay fee w/in 30 days district court must a. presume prisoner not pauper &b. order case dismissed for want of prosecution; &not reinstated; 5. upon payment of filing fee or filing of affidavit or expiration of 40 days return record to PSLC.. Signed by Judge Karen K. Caldwell. (Attachments: # 1 Form 122 Affidavit of Assets/IFP)(CBD)cc: COR w/ Form 122 (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

21

NOTICE OF FILING OF COURT SUPPLIED AFFIDAVIT OF ASSETS FOR APPLICATION TO PROCEED IN FORMA PAUPERIS by Brian Keith Moore (Afidavit filed seperately as DE 22) (CBD) (Entered: 04/27/2006)

April 26, 2006

April 26, 2006

22

AFFIDAVIT/MOTION OF ASSETS FOR APPLICATION TO PROCEED IN FORMA PAUPERIS by Brian Keith Moore (CBD) (Entered: 04/27/2006)

April 26, 2006

April 26, 2006

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 22 MOTION for Leave to Proceed in forma pauperis by Brian Keith Moore (CBD) (Entered: 04/27/2006)

April 26, 2006

April 26, 2006

23

AMENDED MOTION to Disqualify Counsel, Hon. Jeffrey Middendorf, by Brian Keith Moore (Attachments: # 1 Exhibit − Duration of Effect of Lethal Injection Chemicals and Reversal Chemicals# 2 Proposed Order)(CBD) (Entered: 04/27/2006)

April 26, 2006

April 26, 2006

24

NOTICE OF FILING OF SUPPLEMENTAL AUTHORITY by Brian Keith Moore re 5 MOTION for Temporary Restraining Order by Brian Keith Moore MOTION for Preliminary Injunction by Brian Keith Moore MOTION for Temporary Restraining Order by Brian Keith Moore MOTION for Preliminary Injunction by Brian Keith Moore, 1 Complaint (Attachments: # 1 2:04−cv−1156 GLF Cooey and Hill v. Taft (S.D. Ohio 4/28/2006))(CBD) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

25

SECOND NOTICE OF SUPPLEMENTAL INFORMATION by Brian Keith Moore re 1 Complaint. (Attachments: # 1 Newspaper Articles describing Joseph Lewis Clark's execution)(CBD) (Entered: 05/03/2006)

May 3, 2006

May 3, 2006

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 7 MOTION for Order by Brian Keith Moore, 8 MOTION for Order by Brian Keith Moore, 9 MOTION to Expedite by Brian Keith Moore, 10 MOTION for Order by Brian Keith Moore (AKR) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

26

MOTION for Default Judgment by Brian Keith Moore (Attachments: # 1 Memorandum in Support # 2 Exhibit 1 − Letter requesting an execution warrant# 3 Exhibit 2 − Summonses including return of service portion on 4/19/2006# 4 Exhibit 3 − Ddls/hearings entry from electronic filing system for this case# 5 Proposed Order)(CBD) (Entered: 05/12/2006)

May 11, 2006

May 11, 2006

27

ORDER: 1) Moore's ifp motion 22 GRANTED 2−6) Directing Monthly Payments be made from Prison Account of Brian Keith Moore 7) Clerk serve copy upon Jailer/Warden of Institution in which prisoner confined and Office of General Counsel, Dept. of Corrections, Fkt KY. Signed by Judge Karen K. Caldwell. (CBD)cc: COR, Finance, Ofc of Gen Counsel Dept of Corrections, Warden KSP (Entered: 05/15/2006)

May 15, 2006

May 15, 2006

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 19 MOTION for Disclosure by Brian Keith Moore, 23 MOTION to Disqualify Counsel by Brian Keith Moore (CBD) (Entered: 05/17/2006)

May 17, 2006

May 17, 2006

28

NOTICE OF APPEARANCE of Attorneys by John D. Rees, Thomas Simpson, Scott Haas, Ernie Fletcher.(Harris−Ray, Holly) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

29

RESPONSE in Opposition re 26 MOTION for Default Judgment by Brian Keith Moore and Motion for Briefing Schedule filed by John D. Rees, Thomas Simpson, Scott Haas, Ernie Fletcher. (Attachments: # 1 Proposed Order Denying motion for default judgment and establishing scheduling order)(Harris−Ray, Holly) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

30

MOTION For Briefing Schedule by John D. Rees, Thomas Simpson, Scott Haas, Ernie Fletcher (Attachments: # 1 Proposed Order)(AKR) (Entered: 05/30/2006)

May 26, 2006

May 26, 2006

NOTICE OF DOCKET MODIFICATION TO H. Harris−Ray re 29 Response in Opposition to Motion ; Error: This is a Response to Motion for Default Judgment AND a Motion for Briefing Schedule. The attorney has only filed the pleading as a Response. Document should have been filed as two separate pleadings; Entry made by attorney; Correction: Clerk has re−filed the pleading as a Motion for Briefing Schedule 30 . In the future when filing multiple pleadings within one filing, please refer to the ECF Manual "Filing Other Types of Documents" for the correct procedure; No further steps required by counsel. cc: COR (AKR) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

31

NOTICE OF WITHDRAWAL OF MOTION FOR DEFAULT JUDGMENT 26 by Brian Keith Moore (AKR) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 31 Notice of Withdrawal of Motion for Default Judgment by Plaintiff (AKR) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

32

RESPONSE in Opposition re 30 MOTION For Briefing Schedule by John D. Rees, Thomas Simpson, Scott Haas, Ernie Fletcher filed by Brian Keith Moore. (Balliet, Susan) Additional attachment(s) added on 6/1/2006 (Ratliff, Kay). (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

NOTICE OF DOCKET MODIFICATION TO S. Balliet re 32 Response in Opposition to Motion ; Error: Proposed Order was filed together with the response in opposition instead of as separate attachment; Entry made by attorney; Correction: Clerk has added the proposed order as a separate attachment. In future e−filings, the attorney shall file proposed order or each exhibit separately from one another and separate from the main document; No further action required by counsel. cc: COR (AKR) (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

33

THIRD NOTICE OF SUPPLEMENTAL INFORMATION by Brian Keith Moore (Attachments: # 1 Exhibit − 6/2/2006 Sortnews.com article)(CBD) (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

35

Prisoner Receipt For ORIGINAL Filing Fee; Receipt Number 125427; Balance $ 350.00; Amt Pd 4.50; Into Acct: 5100PL; Balance Due $345.5 (CBD) (Entered: 06/14/2006)

June 12, 2006

June 12, 2006

34

ORDER: Moore's Motion 26 for default jgm is DENIED. Dfts directed to file answer to complaint, or responsive pldg w/in 5 business days of entry of this order, Moore's emergency Motion 18 to shorten time dfts are allowed to file resp. to complaint DENIED as MOOT. Court will treat the motion for TRO 5 as Motion for Preliminary Injunction, dfts file Response to relief w/in 10 business days of entry of this Order; Moore file Reply w/in 5 business days of dfts' response filed. Moore filed Motion 7 for TRO preventing dfts from conducting physical exam. This motion will be DENIED. Court ORDERS 1) partie sto hold conf. required by Rule 26(f) w/in 10 business days after entry of this Order. 2) parties fiel report req. by Rule 26(f) w/in 5 business days after Rule26(f) conf. held. Moore's discovery motions 6 8 9 17 DENIED as MOOT. Moore has moved 19 to compel dfts to disclose Ky Dept of Corrections' execution protocol. Parties confer at Rule 26(f) conf. to determine if they can resolve this issue. If they cannot, dfts ORDERED to file response to this motion w/in 25 days of entry of this order. Moore has moved 10 &23 to disqualify Jeffrey Middendorf as counsel for dfts. Dfts ORDERED to file response to this motion w/in 25 business days of entry os this Order. Moore's emergency motion 16 for oral argument on pending motions and dfts' motion 30 for briefings schedule are DENIED as MOOT. Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 06/14/2006)

June 13, 2006

June 13, 2006

Set/Reset Deadlines as to 5 −2 MOTION for Preliminary Injunction by Brian Keith Moore MOTION for Temporary Restraining Order by Brian Keith Moore MOTION for Preliminary Injunction by Brian Keith Moore. Responses due by 6/28/2006 Replies due by 7/5/2006. (CBD) (Entered: 06/14/2006)

June 14, 2006

June 14, 2006

Set Deadlines/Hearings: Rule 26(f) Meeting Report due by 7/5/2006. (CBD) (Entered: 06/14/2006)

June 14, 2006

June 14, 2006

Set/Reset Deadlines as to 23 MOTION to Disqualify Counsel by Brian Keith Moore, 19 MOTION for Disclosure by Brian Keith Moore. Responses due by

June 14, 2006

June 14, 2006

36

MOTION to Intervene as Plaintiff−Intervenor by Jeffrey Leonard (Attachments: # 1 Exhibit 1 − Order from USDC−EDAR 5:06−cv−110SWW/JFF# 2 Exhibit 2 − Order from USDC−EDOH 2:04−cv−1156# 3 Exhibit 3 − Proposed Intervenor Complaint USDC−EDKY# 4 Proposed Order)(AKR) (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

37

RESPONSE to Motion re 36 to Intervene by Jeffrey Leonard filed by Brian Keith Moore. (AKR) (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

38

ANSWER to Complaint by John D. Rees, Thomas Simpson, Scott Haas, Ernie Fletcher. (Attachments: # 1 Findings of Fact and Conclusions of Law − Franklin Circuit 04−CI−1094)(CBD) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell/Pro Se for review of 38 Answer to Complaint. (CBD) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

39

MOTION to Strike portions of 38 Answer to Complaint by Brian Keith Moore Responses due by 7/16/2006 (Attachments: # 1 Proposed Order)(CBD) (Entered: 06/28/2006)

June 28, 2006

June 28, 2006

40

MOTION for Leave to File Reply to Answer by Brian Keith Moore (Attachments: # 1 Proposed Order # 2 Tendered Reply to Answer)(CBD) (Entered: 06/30/2006)

June 29, 2006

June 29, 2006

41

MOTION for Leave by John D. Rees Motion for Leave to File Response by Defendants John D. Rees, et al. (Middendorf, Jeffrey) Additional attachment: Proposed Order added on 7/5/2006 (Dearborn, Christy). (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

42

TENDERED − RESPONSE to Motion re 5 MOTION for Temporary Restraining Order by Brian Keith Moore MOTION for Preliminary Injunction by Brian Keith Moore MOTION for Temporary Restraining Order by Brian Keith Moore MOTION for Preliminary Injunction by Brian Keith Moore filed by Defendants John D. Rees, et al. filed by John D. Rees. (Middendorf, Jeffrey) Modified text to reflect "Tendered"on 7/3/2006 (Dearborn, Christy). (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

43

REPORT of Rule 26(f) Planning Meeting. (CBD) (Entered: 07/03/2006)

June 30, 2006

June 30, 2006

44

MOTION for Order Granting Preliminary Injunction due to defendants' failure to respond by Brian Keith Moore (Attachments: # 1 Proposed Order)(CBD) (Entered: 07/03/2006)

June 30, 2006

June 30, 2006

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 43 Report of Rule 26(f) Planning Meeting (CBD) (Entered: 07/03/2006)

July 3, 2006

July 3, 2006

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 44 MOTION for Order granting Preliminary Injunction for failure to respond by Brian Keith Moore (CBD) (Entered: 07/03/2006)

July 3, 2006

July 3, 2006

NOTICE OF DEFICIENCY TO J. Middendorf re 41 MOTION for Leave by John D. Rees, 42 Response to Motion, ; attorney has failed to submit a proposed order as an electronic attachment to the motion; attorney shall file the proposed order as an attachment to a "Notice of Filing" within 3 business days − NOTICE OF DOCKET MODIFICATION to 41 Motion for Leave to File Response &42 Response to Motion for TRO and Preliminary Injunction; Errors: (1) main documents were scanned instead of converted into PDF format from the native word application (2) attorney filed Response 42 without leave of the Court; Error made by attorney; Corrections: (1) All pleadings created with a word application shall be converted int o PDF format using PDF conversion software rather than being scanned (2) Clerk has modified text of Response 42 to reflect "Tendered" Attorney advised that until leave is given by the Court the response should not be filed as such, but rather attached electronically to Motion seeking leave to which it relates. (cc: COR) (CBD) (Entered: 07/03/2006)

July 3, 2006

July 3, 2006

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 41 MOTION for Leave to file Response to Motionf or TRo and Preliminary Injunction by John D. Rees (CBD) (Entered: 07/03/2006)

July 3, 2006

July 3, 2006

46

MOTION for Leave to file Response to plaintiff's Motion for Preliminary Injunction by John D. Rees et al. (Attachments: # 1 Tendered Response)(Middendorf, Jeffrey) Modified text by adding "to file Response to pltf's Motion for Preliminary Injunction" and description of attachment on 7/5/2006 (Dearborn, Christy). Additional attachment(s) added on 7/6/2006 (Ratliff, Kay). (Entered: 07/03/2006)

July 3, 2006

July 3, 2006

47

RESPONSE in Opposition to 41 MOTION for Leave to file out−of−time Response to pltf's Motion for Preliminary Injunction by John D. Rees filed by Brian Keith Moore. (Attachments: # 1 Proposed Order)(CBD) (Entered: 07/05/2006)

July 3, 2006

July 3, 2006

NOTICE OF DEFICIENCY TO J. Middendorf , 46 MOTION for Leave by John D. Rees ; attorney has failed to submit a proposed order as an electronic attachment to the motion; attorney shall file the propsed order as an attachment to a "Notice of Filing" within 3 business days − NOTICE OF DOCKET MODIFICATION TO J. Middendorf re 45 Notice of Filing and 46 Motion for Leave; ERRORS: (1) attoney faile to create link to the event to which DE 45 relates; Error by attorney (2) attorney failed to state what he was filing in DE 45 (3) attchment to DE 46 was insufficiently described "no description given"; CORRECTIONS: (1) Clerk has modified text and added relationship to create link. In the future attorney advised to create link with the existing event to which the pleading realtes. (2) Clerk has modified text to state "Notice of Filing of Proposed Order" Attorney advised to enter additional text into the optional text box to reflect what is being filed when filing a Notice of Filing. (3) Clerk has named attachment. It is necessary that all attachments are adequately described. ex: "no description" (incorrect); Tendered Response (correct.) No futher action required by counsel. (cc: COR) (CBD) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

48

NOTICE OF FILING by John D. Rees re 46 MOTION for Leave by John D. Rees NOTICE OF FILING OF PROPOSED ORDER (Attachments: # 1 Proposed Order Granting Motion for Leave)(Middendorf, Jeffrey) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

49

MOTION for Leave under LR 7.1 to file Reply to defendants' response to Moore's Motion for Preliminary Injunction in Excess of 15 pages by Brian Keith Moore (Attachments: # 1 Tendered Reply# 2 Exhibit 1 to Tendered Reply# 3 Exhibit 2 to Tendered Reply# 4 Exhibit 3 to Tendered Reply# 5 Exhibit 4 to Tendered Reply# 6 Exhibit 5 to Tendered Reply# 7 Exhibit 6 to Tendered Reply# 8 Exhibit 7 to Tendered Reply# 9 Exhibit 8 to Tendered Reply# 10 Exhibit 9 to Tendered Reply# 11 Exhibit 10 to Tendered Reply# 12 Exhibit 11 to Tendered Reply# 13 Proposed Order)(CBD) (Entered: 07/06/2006)

July 5, 2006

July 5, 2006

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 36 MOTION to Intervene by Jeffrey Leonard (AKR) (Entered: 07/10/2006)

July 10, 2006

July 10, 2006

50

MOTION for Protective Order by Ernie Fletcher Emergency Motion for Protective Order , MOTION to Quash by Ernie Fletcher Emergency Motion to Quash Subpoena (Attachments: # 1 Proposed Order Emergency Protective Order)(Harris−Ray, Holly) (Entered: 07/10/2006)

July 10, 2006

July 10, 2006

51

RESPONSE to Motion re 36 MOTION to Intervene by Jeffrey Leonard filed by John D. Rees. (Harris−Ray, Holly) (Entered: 07/10/2006)

July 10, 2006

July 10, 2006

NOTICE OF DEFICIENCY TO H. Harris−Ray re 51 Response to Motion to Intervene; attorney has failed to type name on the signature line; The name of the Filing User under whose login and password the document is submitted must be preceded by an "s/" and typed in the space where the signature would otherwise appear. No further action required. cc: COR (AKR) (Entered: 07/11/2006)

July 11, 2006

July 11, 2006

52

EMERGENCY PROTECTIVE ORDER: 1) subpoena issued on behalf of pltf to secure attendance of Governor Ernie Fletcher for a depo. scheduled 6/13/2006 is quashed 2) pltf prohibited from going forward with the depo. of Governor Fletcher until further order of the Court. Signed by Judge Karen K. Caldwell. (Motions terminated: 50 MOTION for Protective Order &MOTION to Quash) (CBD)cc: COR (Entered: 07/11/2006)

July 11, 2006

July 11, 2006

53

MOTION for Protective Order by John D. Rees , et al. re: Deposition of Jeffrey Middendorf , MOTION to Quash by John D. Rees , et al. re: Deposition of Jeffrey Middendorf (Attachments: # 1 Proposed Order Emergency Protective Order)(Harris−Ray, Holly) (Entered: 07/11/2006)

July 11, 2006

July 11, 2006

54

MOTION for Reconsideration of Order Prohibiting Deposition of Dft, Fletcher re 52 Protective Order by Brian Keith Moore (Attachments: # 1 Proposed Order)(AKR) (Entered: 07/11/2006)

July 11, 2006

July 11, 2006

55

MOTION for Protective Order by John D. Rees et al., Emergency Motion for Protective Order re: Deposition of George Million , MOTION to Quash by John D. Rees et al., Emergency Motion to Quash Subpoena re: Depo of George Million (Attachments: # 1 Proposed Order Emergency Protective Order)(Harris−Ray, Holly) (Entered: 07/11/2006)

July 11, 2006

July 11, 2006

56

EMERGENCY PROTECTIVE ORDER: 1. The subpoena issued on beh of plaintiff to secure attendance of Jeffrey Middendorf for depo sched for 7/13/06 53 is quashed . 2. Plaintiff is prohibited from going forward with the depo of Jeffrey Middendorf until further order of the Court. Signed by Judge Karen K. Caldwell. (AKR)cc: COR (Entered: 07/11/2006)

July 11, 2006

July 11, 2006

57

MOTION for Protective Order by John D. Rees et al., Emergency Motion for Protective Order re: Deposition of John Rees , MOTION to Quash by John D. Rees et al., Emergency Motion to Quash Subpoena re: Depo of John Rees (Attachments: # 1 Proposed Order Emergency Protective Order)(Self, Thomas) (Entered: 07/11/2006)

July 11, 2006

July 11, 2006

58

MOTION for Protective Order by John D. Rees et al., Emergency Motion for Protective Order re: Deposition of Dr. Scott Haas , MOTION to Quash by John D. Rees et al., Emergency Motion to Quash Subpoena re: Depo of Dr. Haas (Attachments: # 1 Proposed Order Emergency Protective Order)(Self, Thomas) (Entered: 07/11/2006)

July 11, 2006

July 11, 2006

59

MOTION for Protective Order by John D. Rees et al., Emergency Motion for Protective Order re: Deposition of James Schomig , MOTION to Quash by John D. Rees et al., Emergency Motion to Quash Subpoena re: Depo of James Schomig (Attachments: # 1 Proposed Order Emergency Protective Order)(Self, Thomas) (Entered: 07/11/2006)

July 11, 2006

July 11, 2006

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 55 MOTION for Protective Order by John D. Rees MOTION to Quash by John D. Rees MOTION for Protective Order by John D. Rees MOTION to Quash by John D. Rees (AKR) (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 59 MOTION for Protective Order by John D. Rees MOTION to Quash by John D. Rees MOTION for Protective Order by John D. Rees MOTION to Quash by John D. Rees, 58 MOTION for Protective Order by John D. Rees MOTION to Quash by John D. Rees MOTION for Protective Order by John D. Rees MOTION to Quash by John D. Rees, 57 MOTION for Protective Order by John D. Rees MOTION to Quash by John D. Rees MOTION for Protective Order by John D. Rees MOTION to Quash by John D. Rees (AKR) (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

60

RESPONSE in Opposition to Motion re 57 MOTION for Emergency Protective Order by John D. Rees MOTION to Quash Subpoena of John D. Rees filed by Brian Keith Moore. (Attachments: # 1 Affidavit of Claire Ruckert# 2 Proposed Order)(CBD) (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

NOTICE OF DOCKET MODIFICATION TO H. Harris−Ray &T. Self re 59 MOTION for Protective Order MOTION to Quash, 58 MOTION for Protective Order MOTION to Quash, 55 MOTION for Protective Order MOTION to Quash, 57 MOTION for Protective Order MOTION to Quash, 53 MOTION for Protective Order MOTION to Quash; Error: main documents scanned instead of converted into PDF format directly from native word format; Entry made by attorneys; Correction: All pleadings created with a word application shall be converted to PDF format using PDF format conversion software rather than being scanned. ; No further action required by counsel. (cc: COR) (CBD) (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

61

RESPONSE in Opposition re 58 MOTION for Protective Order by John D. Rees MOTION to Quash as to dft Haas by John D. Rees filed by Brian Keith Moore. (Attachments: # 1 Affidavit of Claire Ruckert# 2 Proposed Order)(CBD) (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

62

ORDER: 1) subpoena issued to secure attendance of John Rees for depo. scheduled 6/13/2006 is quashed 2) pltf prohibited from going forward with depo. of John Rees until further order of the Court. Signed by Judge Karen K. Caldwell. (terminating 57 Motion for Protective Order, 57 Motion to Quash) (CBD)cc: COR (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

63

ORDER: 1) subpoena issued to secure attendance of Dr. Scott Hass for depo. scheduled 6/13/2006 is quashed 2) pltf prohibited from going forward with depo. of Dr. Scott Haas until further order of the Court. Signed by Judge Karen K. Caldwell. (terminating 58 Motion for Protective Order, 58 Motion to Quash) (CBD)cc: COR (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

64

ORDER: 1) subpoena issued to secure attendance of James M. Schomig for depo. scheduled 6/13/2006 is quashed 2) pltf prohibited from going forward with depo. of James M. Schomig until further order of the Court. Signed by Judge Karen K. Caldwell. (terminating 59 Motion for Protective Order, 59 Motion to Quash) (CBD)cc: COR (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

65

ORDER: 1) subpoena issued to secure attendance of George Million for depo. scheduled for 6/13/2006 is quashed 2) pltf prohibited from going forward with depo of George Million until further order of the Court. Signed by Judge Karen K. Caldwell. (terminating 55 Motion for Protective Order, 55 Motion to Quash) (CBD)cc: COR (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

66

RESPONSE in Opposition re 59 MOTION for Protective Order &MOTION to Quash subpoena issued to James M. Schomig by John D. Rees filed by Brian Keith Moore. (Attachments: # 1 Affidavit of Claire Ruckert# 2 Proposed Order)(CBD) (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

67

RESPONSE in Opposition re 55 MOTION for Protective Order &MOTION to Quash subpoena issued to George Million by John D. Rees filed by Brian Keith Moore. (Attachments: # 1 Affidavit of Claire Ruckert# 2 Proposed Order)(CBD) (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

68

REPLY to Response to Motion re 41 MOTION for Leave by John D. Rees et al., filed by John D. Rees. (Self, Thomas) (Entered: 07/17/2006)

July 17, 2006

July 17, 2006

69

RESPONSE to Motion re 39 MOTION to Strike 38 Answer to Complaint by Brian Keith Moore filed by John D. Rees. (Attachments: # 1 Proposed Order Order denying Plaintiff's Motion to Strike Parts of Defendant's Answer)(Self, Thomas) (Entered: 07/17/2006)

July 17, 2006

July 17, 2006

70

RESPONSE to Motion re 40 MOTION for Leave to File by Brian Keith Moore filed by John D. Rees. (Attachments: # 1 Proposed Order Denying Plaintiff's Motion for Leave to Reply to Defendants' Answer)(Self, Thomas) (Entered: 07/17/2006)

July 17, 2006

July 17, 2006

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 41 MOTION for Leave by John D. Rees (AKR) (Entered: 07/18/2006)

July 18, 2006

July 18, 2006

71

RESPONSE in Opposition re 23 MOTION to Disqualify Counsel by Brian Keith Moore, 10 MOTION for Order by Brian Keith Moore filed by John D. Rees. (Attachments: # 1 Proposed Order Proposed Order Denying Plaintiff's Motion to Disqualify# 2 Affidavit Affidavit of Jeffrey T. Middendorf)(Harris−Ray, Holly) (Entered: 07/18/2006)

July 18, 2006

July 18, 2006

72

RESPONSE to Motion re 44 MOTION for Order by Brian Keith Moore filed by John D. Rees. (Attachments: # 1 Proposed Order Denying Plaintiff's Motion to

July 18, 2006

July 18, 2006

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 73 MOTION to Withdraw as Attorney of Record by Brian Keith Moore (AKR) (Entered: 07/19/2006)

July 19, 2006

July 19, 2006

Case Details

State / Territory: Kentucky

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 19, 2006

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A death-sentenced inmate at the Kentucky State Penitentiary

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Kentucky Department of Corrections (Eddyville), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

Death Penalty:

Lethal Injection - General