Case: Cooey v. Taft

2:04-cv-01156 | U.S. District Court for the Southern District of Ohio

Filed Date: June 10, 2004

Clearinghouse coding complete

Case Summary

On June 10, 2004, two death-sentenced inmates at the Mansfield Correctional Institution in Mansfield, Ohio, filed a lawsuit under 42 U.S.C. § 1983 against the Ohio Department of Rehabilitation and Correction in the U.S. District Court for the Southern District of Ohio. They asked the Court to stay their executions and issue an injunction against the defendants' use of their current lethal injection protocol, which they alleged would violate their Constitutional rights by torturing them to deat…

On June 10, 2004, two death-sentenced inmates at the Mansfield Correctional Institution in Mansfield, Ohio, filed a lawsuit under 42 U.S.C. § 1983 against the Ohio Department of Rehabilitation and Correction in the U.S. District Court for the Southern District of Ohio. They asked the Court to stay their executions and issue an injunction against the defendants' use of their current lethal injection protocol, which they alleged would violate their Constitutional rights by torturing them to death. Specifically, they feared that the short-acting anesthetic used by the defendants would wear off too soon, allowing them to feel the excruciatingly painful effects of the potassium chloride that was used during the lethal injection process. In addition, they argued that the defendants' use of pancuronium bromide would paralyze them, making them unable to cry out or alert their executioners that the anesthetic had worn off too soon.

On September 3, 2004, Plaintiff Dennis asked the Court to stay his execution while the claim was pending. On September 16, 2004, the U.S. District Court for the Southern District of Ohio (Judge Gregory L. Frost) denied Dennis's motion, arguing that he should have brought his claim to the court at an earlier time, which would have allowed the Court to consider the merits of the claim without requiring entry of a stay. Plaintiff Dennis appealed. On September 30, 2004, the U.S. Court of Appeals for the Sixth Circuit (Judges Richard Fred Surhheinrich, Eugene Edward Siler, and Martha Craig Daughtrey) affirmed the District Court's decision and dismissed the appeal without a written opinion. Dennis was executed by lethal injection on October 13, 2004.

As to Plaintiff Cooey, the defendants asked the District Court to dismiss the complaint, claiming that he had not exhausted his administrative remedies. On September 24, 2004, the District Court (Judge Frost) granted their motion and dismissed the complaint without prejudice. After exhausting his administrative remedies, Cooey returned to the District Court and re-filed his complaint on December 8, 2004. The defendants asked the district court to dismiss the complaint based on the statute of limitation and res judicata, in addition to arguing that the complaint should be construed as a successive habeas petition. On March 28, 2005, the District Court denied the defendants' motion but granted them permission to pursue an interlocutory appeal.

Before the Sixth Circuit heard the appeal, the plaintiff requested that they stay their decision until after the U.S. Supreme Court made a decision in the case of Hill v. McDonough. The Sixth Circuit granted the stay, and the Supreme Court decided the case on June 12, 2006, unanimously holding that a challenge to the method of execution as violating the Eighth Amendment to the Constitution properly raised a claim under 42 U.S.C. § 1983, which provides a cause of action for civil rights violations, rather than under habeas corpus. This meant that the Court had effectively ruled that a prisoner who had previously sought habeas relief was not barred from bringing a later challenge under §1983.

Following the decision by the Supreme Court, the Sixth Circuit heard arguments regarding the appeal. On March 2, 2007, the Sixth Circuit (Judge Suhrheinrich) remanded the case back to the District Court with instructions to dismiss the complaint as barred by the statute of limitations. Cooey v. Strickland, 479 F.3d 412 (6th Cir. 2007).

The plaintiff sought review by the U.S. Supreme Court, and on April 19, 2007, the U.S. Supreme Court declined to vacate the stay of execution. The plaintiff then asked the Sixth Circuit to rehear the case en banc, and on June 1, 2007, the Sixth Circuit refused to rehear the petition. Cooey v. Strickland, 2007 WL 1574663 (6th Cir. Jun.1, 2007).

Cooey was executed by lethal injection on October 14, 2008.

Summary Authors

Joshua Arocho (6/27/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4701386/parties/cooey-v-kasich/


Judge(s)

Abel, Mark R. (Ohio)

Daughtrey, Martha Craig (Tennessee)

Frost, Gregory L. (Ohio)

Gilman, Jeremy (Ohio)

Siler, Eugene Edward Jr. (Kentucky)

Suhrheinrich, Richard Fred (Michigan)

Attorneys(s) for Plaintiff

Bohnert, Allen L (Ohio)

Culshaw, Kelly Leann (Ohio)

Dunn, Alvin (District of Columbia)

Meyers, Gregory William (Ohio)

Judge(s)

Abel, Mark R. (Ohio)

Daughtrey, Martha Craig (Tennessee)

Frost, Gregory L. (Ohio)

Gilman, Jeremy (Ohio)

Siler, Eugene Edward Jr. (Kentucky)

Suhrheinrich, Richard Fred (Michigan)

Attorneys(s) for Plaintiff

Bohnert, Allen L (Ohio)

Culshaw, Kelly Leann (Ohio)

Dunn, Alvin (District of Columbia)

Meyers, Gregory William (Ohio)

Rousseau, Alison B. (District of Columbia)

Schneider, Kelly Leann (Arizona)

Attorneys(s) for Defendant

Arbogast, Janet R Hill (Ohio)

Collyer, Michael L. (Ohio)

Eschbacher, Lisa M (Ohio)

Gosselin, Heather L. (Ohio)

Holloway, James Eric (Ohio)

Kanai, Matthew A (Ohio)

Laliberte, Brian J (Ohio)

Lovett, Justin M. (Ohio)

Madden, Thomas E (Ohio)

Petro, Jim (Ohio)

Pressman, Marianne (Ohio)

Van Ho, Adam Michael (Ohio)

Wille, Charles L. (Ohio)

Other Attorney(s)

Baich, Dale Andrew (Arizona)

Barnhart, Robert Brady (Ohio)

Benza, Michael J. (Ohio)

Bodiker, David (Ohio)

Cocoves, Spiros P. (Ohio)

Crim, Gary Wayne (Ohio)

Doughten, David L (Ohio)

Ellensohn, Carol Ann (Ohio)

Fleming, Tyson L. (Ohio)

Gamso, Jeffrey M. (Ohio)

Greger, Lawrence Joseph (Ohio)

Hicks, Sharon A. (Ohio)

Hill , Thomas C. (District of Columbia)

Jenkins, Christian A. (Ohio)

Jenkins , James A. (Ohio)

Kerger, Richard M. (Ohio)

Kinsley, Jennifer M. (Ohio)

Konrad, Robin C. (Arizona)

Krumholtz, Michael William (Ohio)

Lazarow, William Sheldon (Ohio)

McDonald, Ashley (District of Columbia)

McGarry, Kathleen (New Mexico)

Mezibov, Marc David (Ohio)

Murray, Kenneth Foye (Arizona)

Parker, John Patrick (Ohio)

Payne , Timothy R. (Ohio)

Porter, Randall Lee (Ohio)

Prucha , Linda E. (Ohio)

Prude-Smithers, Pamela J (Ohio)

Reinhart, Harry R. (Ohio)

Rigby, Kimberly S (Ohio)

Rossman, Alan C. (Ohio)

Sandford , Kathryn L. (Ohio)

Shank, S. Adele (Ohio)

Sipe, Dennis Lyle (Ohio)

Stebbins, David Clark (Ohio)

Sweeney , Timothy F. (Ohio)

Timken, Kyle Edward (Ohio)

Tkacz, Ruth L. (Ohio)

Troutman, Rachel (Ohio)

Wilhelm, Joseph E (Ohio)

Wright, Carol Ann (Ohio)

Young, Kirstie N. Young (Ohio)

Documents in the Clearinghouse

Document

Docket (PACER)

Cooey v. Taft

Sept. 7, 2007 Docket

Docket [PACER]

Dennis v. Taft

Dec. 5, 2011 Docket

Plaintiffs' Original Complaint for Injunctive and Declaratory Relief []

Dennis v. Taft

June 18, 2004 Complaint

Defendants' Motion to Dismiss

Dennis v. Taft

Aug. 5, 2004 Pleading / Motion / Brief

Opinion and Order [Denying Petitioner's Motion for Preliminary Injunction]

Dennis v. Taft

2004 WL 4506891

Sept. 16, 2004 Order/Opinion

Order [re: Motion to Dismiss Appeal]

Dennis v. Taft

U. S. Court of Appeals for the Sixth Circuit

Sept. 30, 2004 Order/Opinion
2-1

Plaintiff's Original Complaint for Declaratory and Injunctive Relief

Cooey v. Taft

Dec. 8, 2004 Complaint
14

Opinion and Order [re: Defendant's Motion to Dismiss]

2005 WL 5253337, 2005 U.S.Dist.LEXIS 44225

March 28, 2005 Order/Opinion
24

Plaintiff-Intervenor's Motion for Temporary Restraining Order and Preliminary Injunction to Stay His Execution []

Cooey v. Taft

Nov. 23, 2005 Pleading / Motion / Brief
23

Emergency Motion to Intervene (Hicks)

Cooey v. Taft

Nov. 23, 2005 Pleading / Motion / Brief

Resources

Title Description External URL

Parole News Blog links to Clearinghouse

Parole News

Link to Clearinghouse: "Profile of the Graziano v. Pataki federal case, produced by the Civil Rights Litigation Clearinghouse" Aug. 7, 2016 http://parolenews.blogspot.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4701386/cooey-v-kasich/

Last updated May 20, 2022, 1:16 a.m.

ECF Number Description Date Link
1

MOTION filed by Plaintiff Richard Cooey for Leave to Proceed in forma pauperis. (dms) (Entered: 12/08/2004)

Dec. 8, 2004
26

ORDER granting 23 Movant John R. Hicks's Motion to Intervene and denying 24 Motion for Temporary Restraining Order . Signed by Judge Gregory L Frost on 11/23/05. (Attachments: # 1 Exhibit 9/16/04 Decision in Dennis v. Taft) (sem, )

Nov. 23, 2005 RECAP
2

COMPLAINT filed by Plaintiff Richard Cooey against Defendants Robert Taft, Reginald Wilkinson, and James Haviland. (Attachments: # 1 Exhibits to Complaint)(dms ) (Entered: 12/08/2004)

Dec. 8, 2004
45

ORDER granting 37 Plaintiff Hill's Motion for an Emergency Preliminary Injunction; It is ORDERED, ADJUDGED, and DECREED that the State of Ohio, and any person acting on its behalf, is hereby STAYED from implementing an order for the execution of Jeffrey D. Hill issued by any court of the State of Ohio until further Order from this Court . Signed by Judge Gregory L Frost on 4/28/06. (sem, )

April 28, 2006 RECAP
3

ORDER granting 1 Motion for Leave to Proceed in forma pauperis. Plaintiff is required to pay the full amount of the Court's $150 filing fee. It is ORDERED that the US Marshal is to serve each Defendant. Each Defendant is ORDERED to respond to the Complaint within 45 days after being served. Signed by Judge Mark R. Abel on 12/8/04. (dms ) (Entered: 12/09/2004)

Dec. 9, 2004
54

ORDER granting 46 Baston's Motion to Intervene and granting 48 Tyler's Motion to Intervene . Signed by Judge Gregory L Frost on 6/16/06. (sem, )

June 16, 2006 RECAP
4

Summons Issued as to James Haviland. (dms ) (Entered: 12/14/2004)

Dec. 13, 2004
73

ORDER denying without prejudice the 65 Emergency Motion to Intervene filed Jeffrey Lundgren . Signed by Judge Gregory L Frost on 9/20/06. (sem1, )

Sept. 20, 2006 RECAP
5

Summons Issued as to Reginald Wilkinson. (dms ) (Entered: 12/14/2004)

Dec. 13, 2004
100

ORDER denying without prejudice 60 Movant Henderson's Emergency Motion to Intervene. The Court denies as moot all of Henderson's related Motions 62 78 88 . Signed by Judge Gregory L Frost on 10/24/06. (Attachments: # 1 9/20/06 Opinion and Order # 2 10/5/06 Opinion and Order) (sem1, )

Oct. 24, 2006 RECAP
124

ORDER granting 104 Henderson's Motion to Intervene, denying 106 Motion for Preliminary Injunction, granting 109 Motion to Supplement, granting 118 Motion to Withdraw as Attorney by David Stebbins and striking 121 Henderson's Pro Se Motion for Preliminary Injunction . Signed by Judge Gregory L Frost on 11/9/06. (Attachments: # 1 4/28/06 Opinion and Order# 2 10/17/06 Opinion and Order) (sem1, )

Nov. 9, 2006 RECAP
6

Summons Issued as to Robert Taft. (dms ) (Entered: 12/14/2004)

Dec. 13, 2004

Filing fee: $ 13.56, receipt number 200 244563. (dms) (Entered: 12/20/2004)

Dec. 17, 2004
126

ORDER granting 95 Biros's Motion to Intervene in this action . Signed by Judge Gregory L Frost on 11/9/06. (sem1, )

Nov. 9, 2006 RECAP
7

SUMMONS Returned Executed Robert Taft served on 12/15/2004, answer due 1/4/2005. (dms ). (Entered: 12/29/2004)

Dec. 28, 2004
137

ORDER granting 119 Spirko's Motion to Intervene and denying 120 Spirko's Motion for Preliminary Injunction . Signed by Judge Gregory L Frost on 11/22/06. (Attachments: # 1 Hill Order# 2 Lundgren Order) (sem1, )

Nov. 22, 2006 RECAP
8

MOTION to Dismiss by Defendants Robert Taft, Reginald Wilkinson, James Haviland. Responses due by 1/28/2005 (Attachments: # 1 Exhibit Cooey's Federal Habeas Petition# 2 Exhibit Dennis v. Taft Order# 3 Exhibit Buffalo News Article)(Collyer, Michael) (Entered: 01/04/2005)

Jan. 4, 2005
145

ORDER denying 143 Petitioner Spirko's Motion for Reconsideration of the 11/22/06 Opinion and Order . Signed by Judge Gregory L Frost on 12/6/06. (sem1, )

Dec. 6, 2006 RECAP
9

ORDER re 8 MOTION to Dismiss filed by Reginald Wilkinson,, James Haviland, &Robert Taft; Non−oral hearing on said motion set for 2/24/2005. Signed by Judge Gregory L Frost on 1/5/05. (sem, ) (Entered: 01/05/2005)

Jan. 5, 2005
151

ORDER granting 144 Intervenor Plaintiff Biros's Emergency Motion for Preliminary Injunction; The Court hereby STAYS the execution of Intervenor Plaintiff Biros. Signed by Judge Gregory L Frost on 12/21/06. (sem1, ) Additional attachment(s) added on 12/21/2006 (sem1, ).

Dec. 21, 2006 RECAP
160

ORDER granting 155 Movant Clarence Carter's Motion to Intervene as Plaintiff-Intervenor . Signed by Judge Gregory L Frost on 2/20/07. (sem1, )

Feb. 20, 2007 RECAP
10

SUMMONS Returned Executed Reginald Wilkinson served on 12/15/2004, answer due 1/4/2005. (dms ). (Entered: 01/11/2005)

Jan. 10, 2005
162

ORDER granting 154 Movant Nicole Diar's Motion to Intervene as a Plaintiff-Intervenor . Signed by Judge Gregory L Frost on 2/20/07. (sem1, )

Feb. 20, 2007 RECAP
11

SUMMONS Returned Executed James Haviland served on 12/20/2004, answer due 1/10/2005. (dms ) . (Entered: 01/11/2005)

Jan. 10, 2005
178

ORDER denying 171 Filiaggi's Motion to Intervene without prejudice and denying as moot 172 Filiaggi's Motion for Preliminary Injunction. Signed by Judge Gregory L Frost on 4/23/07. (ksh, )

April 23, 2007 RECAP

Filing fee: $ 8.16, receipt number 200 244810 (dms ) (Entered: 01/11/2005)

Jan. 10, 2005
197

ORDER granting 170 Plaintiff Clarence Carter's Emergency Motion for Preliminary Injunction. The State of Ohio is hereby STAYED from implementing an order for the execution of Clarence Carter issued by any court of the State of Ohio until further Order from this Court. Signed by Judge Gregory L Frost on 5/31/07. (Attachments: # 1 Biros Order# 2 Henderson Order# 3 Hill Order# 4 Lundgren Order# 5 Spirko Order) (sem1, )

May 31, 2007 RECAP
12

RESPONSE in Opposition re 8 MOTION to Dismiss filed by Plaintiff Richard Cooey. (Attachments: # 1 Exhibit A − 10/16/04 Opinion &Order# 2 Exhibit B − Order Denying Prelim Inj# 3 Exhibit B− Appendix to Order)(Culshaw, Kelly). (Entered: 01/14/2005)

Jan. 14, 2005
13

REPLY to Response to Motion re 8 MOTION to Dismiss filed by Defendants Robert Taft, Reginald Wilkinson, James Haviland. (Collyer, Michael) (Entered: 01/25/2005)

Jan. 25, 2005
203

ORDER granting 164 Wiles's Motion to Intervene; granting 169 Keith's Motion to Intervene; granting 180 Slagle's Motion to Intervene; granting 181 Broom's Motion to Intervene; granting 185 Getsy's Motion to Intervene; granting 188 Monroe's Motion to Intervene; denying as moot 199 202 Motions to Expedite Rulings. Signed by Judge Gregory L Frost on 6/25/07. (sem1, )

June 25, 2007 RECAP
225

ORDER granting 212 Broom's Emergency Motion for Preliminary Injunction; The State of Ohio and any person acting on its behalf are hereby STAYED from implementing an order for the execution of Romell Broom issued by any court of the State of Ohio until further Order from this Court. Signed by Judge Gregory L Frost on 9/5/07. (Attachments: # 1 12/21/06 Opinion and Order) (sem1, )

Sept. 5, 2007 RECAP

Filing fee: $ 11.60, receipt number 200 245695. (dms ) (Entered: 03/11/2005)

March 9, 2005
14

ORDER denying 8 Defendants' Motion to Dismiss . Signed by Judge Gregory L Frost on 3/28/05. (sem, ) (Entered: 03/28/2005)

March 28, 2005
227

ORDER granting 213 Brinkley's Motion to Intervene; granting 214 Johnson's Motion to Intervene; granting 218 Wilson's Motion to Intervene; granting 219 Conway's Motion to Intervene; granting 220 Durr's Motion to Intervene. Signed by Judge Gregory L Frost on 9/12/07. (sem1, )

Sept. 12, 2007 RECAP
261

ORDER granting 226 Turner's Motion to Intervene; granting 235 Bonnell's Motion to Intervene; granting 236 Mason's Motion to Intervene; granting 240 Beuke's Motion to Intervene; granting 242 Benge's Motion to Intervene; granting 248 Nields' Motion to Intervene; granting 249 Zakiy's Motion to Intervene; granting 250 Hartmann's Motion to Intervene. Signed by Gregory L Frost on 2/15/08. (sem1, )

Feb. 15, 2008 RECAP

Minute Entry for proceedings held before Judge Gregory L Frost : Status Conference held on 3/28/2005. (statistical purposes (ksh, ) . (Entered: 03/28/2005)

March 28, 2005
277

ORDER denying 273 Motion to Dismiss. Signed by Gregory L Frost on 7/7/08. (ksh, )

July 7, 2008 RECAP
16

MOTION for Certificate of Appealability by Defendants Robert Taft, Reginald Wilkinson, James Haviland. (Sweeney, Kelley) (Entered: 03/30/2005)

March 30, 2005
344

ORDER granting 279 Defendants' Motion to Dismiss as to Plaintiff Jeffrey Hill. Signed by Gregory L Frost on 8/25/08. (sem1, )

Aug. 25, 2008 RECAP
17

RESPONSE in Opposition re 16 MOTION for Certificate of Appealability filed by Plaintiff Richard Cooey. (Culshaw, Kelly) (Entered: 04/04/2005)

April 4, 2005
345

ORDER granting 281 Defendants' Motion to Dismiss as to Plaintiff Clarence Carter. Signed by Gregory L Frost on 8/25/08. (Attachments: # 1 Hill decision) (sem1, )

Aug. 25, 2008 RECAP
18

First MOTION for Order to Plaintiff's Motion For Discovery Orders Consistent With This Court's Scheduling Order by Plaintiff Richard Cooey. (Attachments: # 1 Exhibit Plaintiff's First Request For Production Of Documents# 2 Exhibit Plaintiff's First Request To Enter Upon Land And Property For Inspection And Other Purposes)(Meyers, Gregory) (Entered: 04/04/2005)

April 4, 2005
19

REPLY in Support re 16 MOTION for Certificate of Appealability filed by Defendants Robert Taft, Reginald Wilkinson, James Haviland. (Collyer, Michael) (Entered: 04/06/2005)

April 6, 2005
346

ORDER granting 283 Defendants' Motion to Dismiss as to Plaintiff Kevin Keith. Signed by Gregory L Frost on 8/25/08. (Attachments: # 1 Hill decision) (sem1, )

Aug. 25, 2008 RECAP
347

ORDER granting 284 Defendants' Motion to Dismiss as to Plaintiff Billy Slagle. Signed by Gregory L Frost on 8/25/08. (Attachments: # 1 Hill decision) (sem1, )

Aug. 25, 2008 RECAP
20

ANSWER to Complaint with Jury Demand by Defendants Robert Taft, Reginald Wilkinson, James Haviland.(Sweeney, Kelley) (Entered: 04/11/2005)

April 11, 2005
348

ORDER granting 285 Defendants' Motion to Dismiss as to Plaintiff Arthur Tyler. Signed by Gregory L Frost on 8/25/08. (Attachments: # 1 Hill decision) (sem1, )

Aug. 25, 2008 RECAP

Filing fee: $ 8.60, receipt number 200 246170 (dms ) (Entered: 04/13/2005)

April 12, 2005
349

ORDER granting 287 Defendants' Motion to Dismiss as to Plaintiff Romell Broom. Signed by Gregory L Frost on 8/25/08. (Attachments: # 1 Hill decision) (sem1, )

Aug. 25, 2008 RECAP
21

ORDER granting in part and denying in part 16 Defendants' Motion to certify an interlocutory appeal and denying as moot 18 Plaintiff's Motion for Discovery; These proceedings are hereby STAYED pending the outcome of the interlocutory appeal . Signed by Judge Gregory L Frost on 4/13/05. (sem, ) (Entered: 04/13/2005)

April 13, 2005
350

ORDER granting 288 Defendants' Motion to Dismiss as to Plaintiff Darryl Durr. Signed by Gregory L Frost on 8/25/08. (Attachments: # 1 Hill decision) (sem1, )

Aug. 25, 2008 RECAP

Filing fee: $ 10.60, receipt number 200 246562. (dms ) (Entered: 05/12/2005)

May 11, 2005
351

ORDER granting 290 Defendants' Motion to Dismiss as to Plaintiff Michael Turner. Signed by Gregory L Frost on 8/25/08. (Attachments: # 1 Hill decision) (sem1, )

Aug. 25, 2008 RECAP

Filing fee: $ 7.10, receipt number 247021 (jk) (Entered: 06/16/2005)

June 15, 2005
352

ORDER granting 291 Defendants' Motion to Dismiss as to Plaintiff Melvin Bonnell. Signed by Gregory L Frost on 8/25/08. (Attachments: # 1 Hill decision) (sem1, )

Aug. 25, 2008 RECAP

Filing fee: $ 23.20, receipt number 247428 (jk) (Entered: 07/14/2005)

July 14, 2005
353

ORDER granting 292 Defendants' Motion to Dismiss as to Plaintiff Daniel Wilson. Signed by Gregory L Frost on 8/25/08. (Attachments: # 1 Hill decision) (sem1, )

Aug. 25, 2008 RECAP
22

USCA ORDER − It is ORDERED that the petition for permission to appeal is GRANTED and the matter is hereby transferred to the general docket of the court and assigned docket number 05−4057. Signed by Circuit Judges Suhrheinrich, Siler and Gilman on 08/24/05. (lg) (Entered: 08/26/2005)

Aug. 26, 2005
354

ORDER granting 293 Defendants' Motion to Dismiss as to Plaintiff Michael Benge. Signed by Gregory L Frost on 8/25/08. (Attachments: # 1 Hill decision) (sem1, )

Aug. 25, 2008 RECAP

Filing fee for appeal USCA case no 05−4057: $ 255, receipt number 248089 (lg) (Entered: 09/06/2005)

Sept. 6, 2005

Filing fee: $ 22.16, receipt number 248108 (jk) (Entered: 09/07/2005)

Sept. 7, 2005
355

ORDER granting 294 Defendants' Motion to Dismiss as to Plaintiff Michael Beuke. Signed by Gregory L Frost on 8/25/08. (Attachments: # 1 Hill decision) (sem1, )

Aug. 25, 2008 RECAP

Filing fee: $ 17.38, receipt number 248573 (jk) (Entered: 10/07/2005)

Oct. 7, 2005
356

ORDER granting 296 Defendants' Motion to Dismiss as to Plaintiff Abdul Hakiym Zakiy (aka Roderick Davie). Signed by Gregory L Frost on 8/25/08. (Attachments: # 1 Hill decision) (sem1, )

Aug. 25, 2008 RECAP

Filing fee: $ 23.96, receipt number 200 248926 (jr) (Entered: 11/08/2005)

Nov. 7, 2005
357

ORDER granting 297 Defendants' Motion to Dismiss as to Plaintiff Brett Hartmann. Signed by Gregory L Frost on 8/25/08. (Attachments: # 1 Hill decision) (sem1, )

Aug. 25, 2008 RECAP
23

EMERGENCY MOTION to Intervene filed by Movant John R Hicks. (sem, ) (Entered: 11/23/2005)

Nov. 23, 2005
358

ORDER denying 282 Defendants' Motion to Dismiss as to Jerome Henderson. Signed by Gregory L Frost on 8/25/08. (Attachments: # 1 Hill decision) (sem1, )

Aug. 25, 2008 RECAP
24

MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction to Stay his Execution filed by Movant John R Hicks. (sem, ) (Entered: 11/23/2005)

Nov. 23, 2005
359

ORDER granting 298 Defendants' Motion to Dismiss as to Plaintiff Maurice Mason. Signed by Gregory L Frost on 8/25/08. (Attachments: # 1 Hill decision) (sem1, )

Aug. 25, 2008 RECAP
25

Amended MOTION to Amend/Correct Plaintiff−Intervenor's Motion for A Temporary Restraining Order and Preliminary Injunction to Stay His Execution Pending Adjudication of 42 USC Sec. 1983 Claims Challenging Defendants' Cruel and Unusual Execution Procedures by Movant John R Hicks. (Mezibov, Marc) (Entered: 11/23/2005)

Nov. 23, 2005
360

ORDER granting 289 Defendants' Motion to Dismiss as to Plaintiff Jason Getsy. Signed by Gregory L Frost on 8/26/08. (Attachments: # 1 Hill decision) (sem1, )

Aug. 26, 2008 RECAP
361

ORDER denying 295 Defendants' Motion to Dismiss as to Plaintiff Kenneth Biros; The Court schedules an In-Court Hearing on 12/15/08 at 9:00 a.m. in Courtroom #5. Signed by Gregory L Frost on 8/26/08. (Attachments: # 1 Hill decision) (sem1, )

Aug. 26, 2008 RECAP
403

OPINION AND ORDER granting Defendants' Motion to Dismiss Richard Nields' Intervenor Complaint (Doc. # 339 ). Signed by Gregory L Frost on 9/25/2008. (Attachments: # 1 Opinion and Order of August 25, 2008) (pes)

Sept. 25, 2008 RECAP
27

Intervenor COMPLAINT filed by Intervenor Plaintiff John R Hicks against Defendants Robert Taft, Reginald Wilkinson, James Haviland.(sem, ) (Entered: 11/28/2005)

Nov. 23, 2005

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 27 Notice of Appeal (jr) (Entered: 11/25/2005)

Nov. 25, 2005
405

OPINION AND ORDER granting # 280 Motion to Dismiss Johnnie Baston's Intervenor Complaint. Signed by Gregory L Frost on 9/25/2008. (Attachments: # 1 Opinion and Order of August 25, 2008) (pes)

Sept. 25, 2008 RECAP
29

Emergency MOTION to Intervene as a Plaintiff . (Attachments: # 1 Exhibit Claims being litigated)(Crim, Gary) (Entered: 12/11/2005)

Dec. 11, 2005
406

OPINION AND ORDER granting # 340 Motion to Dismiss Mark Wiles' Intervenor Complaint. Signed by Gregory L Frost on 9/25/2008. (Attachments: # 1 Opinion and Order of August 25, 2008) (pes)

Sept. 25, 2008 RECAP
30

ORDER re 29 Emergency MOTION to Intervene as a Plaintiff filed by Jeffrey D Hill; Defendants' shall file any memorandum in opposition by 12/23/05; Non−oral hearing on said motion set for 12/27/2005. Signed by Judge Gregory L Frost on 12/13/05. (sem, ) (Entered: 12/13/2005)

Dec. 13, 2005
409

ORDER denying 401 402 Motions to Participate in Plaintiff Biros' Preliminary Injunction Discovery and Evidentiary Hearing Proceedings filed by Plaintiffs James Conway and Marvin Johnson. Signed by Gregory L Frost on 9/26/08. (sem1, )

Sept. 26, 2008 RECAP
430

ORDER granting 368 Jackson's Motion to Intervene; granting 377 Bethel's Motion to Intervene; granting 381 Elmore's Motion to Intervene; granting 419 Ketterer's Motion to Intervene. Signed by Gregory L Frost on 12/2/08. (sem1, )

Dec. 2, 2008 RECAP
31

USCA INFORMATION COPY re 28 Notice of Appeal: The request for a stay of execution is DENIED. (jr) (Entered: 12/19/2005)

Dec. 16, 2005
621

ORDER denying 610 Intervenor Plaintiff Biros' Motion for TRO. Signed by Judge Gregory L Frost on 12/7/09. (sem1)

Dec. 7, 2009 RECAP
32

USCA JUDGMENT as to 28 Notice of Appeal filed by John R Hicks, it is ORDERED that the request for a stay of execution is DENIED. (jr) (Entered: 12/19/2005)

Dec. 16, 2005
721

OPINION AND ORDER granting 713 Intervenor Plaintiff Durr's Motion to Appoint Expert Dr. Mark Heath. Signed by Judge Gregory L Frost on 4/7/10. (sem1)

April 7, 2010 RECAP
33

RESPONSE in Opposition re 29 Emergency MOTION to Intervene as a Plaintiff filed by Defendants Robert Taft, Reginald Wilkinson, James Haviland. (Attachments: # 1 Exhibit unreported case# 2 Exhibit unreported case# 3 Exhibit unreported case)(Sweeney, Kelley) (Entered: 12/23/2005)

Dec. 23, 2005
34

ORDER dismissing Intervenor Plaintiff John R. Hicks as a party to this litigation. Signed by Judge Gregory L Frost on 1/4/06. (sem, ) (Entered: 01/04/2006)

Jan. 4, 2006
731

ORDER denying 724 Intervenor Plaintiff Durr's Motion for TRO or Preliminary Injunction. Signed by Judge Gregory L Frost on 4/16/10. (sem1)

April 16, 2010 RECAP
35

ORDER granting 29 Jeffrey D. Hill's Emergency Motion to Intervene; The Clerk shall detach the proferred complaint and file said pleading . Signed by Judge Gregory L Frost on 1/29/06. (sem, ) (Entered: 01/09/2006)

Jan. 9, 2006
765

ORDER denying 752 Plaintiff Beuke's Motion for Injunctive Relief and his contingent Oral Request to Stay his Execution Pending Appeal of this decision. Signed by Judge Gregory L Frost on 5/11/10. (sem1)

May 11, 2010 RECAP
801

ORDER granting in part and denying in part 652 Motion to Dismiss. The Court dismisses Claims One and Two. Claims Three and Four remain pending. Signed by Judge Gregory L Frost on 8/12/10. (kn) See also 2010 U.S. Dist. LEXIS 81841 (S.D. Ohio 2010) Modified on 12/1/2016 (mrm3).

Aug. 12, 2010 RECAP
36

Intervenor COMPLAINT filed by Intervenor Plaintiff Jeffrey D Hill against Defendants Robert Taft, Reginald Wilkinson &James Haviland.(sem, ) (Entered: 01/09/2006)

Jan. 9, 2006
841

ORDER granting in part and denying in part (815) Defendants' Motion to Dismiss Kenneth Smith's Complaint in case 2:04-cv-01156-GLF-MRA; The Court dismisses Claims One and Two; Claims Three and Four remain pending. Signed by Judge Gregory L Frost on 9/22/10. Associated Cases: 2:04-cv-01156-GLF-MRA, 2:09-cv-00242-GLF -EPD, 2:09-cv-00823-GLF-MRA, 2:10-cv-00027-GLF-MRA (sem1)

Sept. 22, 2010 RECAP
37

Emergency MOTION for Preliminary Injunction by Intervenor Plaintiff Jeffrey D Hill. (Attachments: # 1 Appendix Unreported decision, Brown v. Beck)(Crim, Gary) (Entered: 04/14/2006)

April 14, 2006
873

ORDER granting in part and denying in part (52) Motion for Summary Judgment; granting in part and denying in part (53) Motion for Summary Judgment; granting in part and denying in part (55) Motion for Summary Judgment; granting in part and denying in part (56) Motion for Summary Judgment; granting in part and denying in part (57) Motion for Summary Judgment; granting in part and denying in part (58) Motion for Summary Judgment; granting in part and denying in part (59) Motion for Summary Judgment; granting in part and denying in part (60) Motion for Summary Judgment; granting in part and denying in part (61) Motion for Summary Judgment; granting in part and denying in part (62) Motion for Summary Judgment; granting in part and den ying in part (63) Motion for Summary Judgment; granting in part and denying in part (64) Motion for Summary Judgment; granting in part and denying in part (65) Motion for Summary Judgment; granting in part and denying in part (66) Motion for Summ ary Judgment; granting in part and denying in part (67) Motion for Summary Judgment; granting in part and denying in part (68) Motion for Summary Judgment; granting in part and denying in part (74) Motion for Summary Judgment; granting (98) Motio n for Extension of Time; denying (99) Motion in Limine; granting (100) Motion for Leave to File in case 2:09-cv-00242-GLF -EPD; granting in part and denying in part (52) Motion for Summary Judgment; granting in part and denying in part (53) Motio n for Summary Judgment; granting in part and denying in part (55) Motion for Summary Judgment; granting in part and denying in part (56) Motion for Summary Judgment; granting in part and denying in part (57) Motion for Summary Judgment; granting i n part and denying in part (58) Motion for Summary Judgment; granting in part and denying in part (59) Motion for Summary Judgment; granting in part and denying in part (60) Motion for Summary Judgment; granting in part and denying in part (61) M otion for Summary Judgment; granting in part and denying in part (62) Motion for Summary Judgment; granting in part and denying in part (63) Motion for Summary Judgment; granting in part and denying in part (64) Motion for Summary Judgment; granti ng in part and denying in part (65) Motion for Summary Judgment; granting in part and denying in part (66) Motion for Summary Judgment; granting in part and denying in part (67) Motion for Summary Judgment; granting in part and denying in part (68 ) Motion for Summary Judgment; granting in part and denying in part (73) Motion for Summary Judgment; granting (97) Motion for Extension of Time; denying (98) Motion in Limine; granting (99) Motion for Leave to File in case 2:09-cv-00823-GLF-MRA ; granting in part and denying in part (68) Motion for Summary Judgment; granting in part and denying in part (69) Motion for Summary Judgment; granting in part and denying in part (71) Motion for Summary Judgment; granting in part and denying in part (72) Motion for Summary Judgment; granting in part and denying in part (73) Motion for Summary Judgment; granting in part and denying in part (74) Motion for Summary Judgment; granting in part and denying in part (75) Motion for Summary Judg ment; granting in part and denying in part (76) Motion for Summary Judgment; granting in part and denying in part (77) Motion for Summary Judgment; granting in part and denying in part (78) Motion for Summary Judgment; granting in part and denying in part (79) Motion for Summary Judgment; granting in part and denying in part (80) Motion for Summary Judgment; granting in part and denying in part (81) Motion for Summary Judgment; granting in part and denying in part (82) Motion for Summary Judgment; granting in part and denying in part (83) Motion for Summary Judgment; granting in part and denying in part (84) Motion for Summary Judgment; granting in part and denying in part (90) Motion for Summary Judgment; granting (114) Motion f or Extension of Time; denying (115) Motion in Limine; granting (116) Motion for Leave to File in case 2:10-cv-00027-GLF-MRA; granting in part and denying in part (820) Motion for Summary Judgment; granting in part and denying in part (821) Motion for Summary Judgment; granting in part and denying in part (823) Motion for Summary Judgment; granting in part and denying in part (824) Motion for Summary Judgment; granting in part and denying in part (825) Motion for Summary Judgment; granting in part and denying in part (826) Motion for Summary Judgment; granting in part and denying in part (827) Motion for Summary Judgment; granting in part and denying in part (828) Motion for Summary Judgment; granting in part and denying in part (8 29) Motion for Summary Judgment; granting in part and denying in part (830) Motion for Summary Judgment; granting in part and denying in part (831) Motion for Summary Judgment; granting in part and denying in part (832) Motion for Summary Judgmen t; granting in part and denying in part (833) Motion for Summary Judgment; granting in part and denying in part (834) Motion for Summary Judgment; granting in part and denying in part (835) Motion for Summary Judgment; granting in part and denying in part (836) Motion for Summary Judgment; granting in part and denying in part (842) Motion for Summary Judgment; granting (866) Motion for Extension of Time or a Stay of the Motions in Limine; denying (867) Motion in Limine; granting (868) Mo tion for Leave to File Answers Instanter in case 2:04-cv-01156-GLF-MRA. Signed by Judge Gregory L Frost on 1/28/11. Associated Cases: 2:04-cv-01156-GLF-MRA, 2:09-cv-00242-GLF -EPD, 2:09-cv-00823-GLF-MRA, 2:10-cv-00027-GLF-MRA (sem1) See also 2011 U.S. Dist. LEXIS 8336 (S.D. Ohio 2011) Modified on 12/1/2016 (mrm3).

Jan. 28, 2011 RECAP
38

ORDER re 37 Emergency MOTION for Preliminary Injunction filed by Jeffrey D Hill; Defendants shall have until 4/21/06 to any memorandum in opposition to said motion; Plaintiff Hill shall have until 4/26/06 to file any reply; An Informal Preliminary Conference is set for 4/28/2006 09:00 AM in teleconference before Gregory L Frost (Plaintiff Hill's counsel shall initiate the call). Signed by Judge Gregory L Frost on 4/18/06. (sem1, ) (Entered: 04/18/2006)

April 18, 2006
39

RESPONSE in Opposition re 37 Emergency MOTION for Preliminary Injunction filed by Defendants Robert Taft, Reginald Wilkinson, James Haviland. (Attachments: # 1 Order Denying Dennis Injunction# 2 Order Re Hicks Intervention and Injunction# 3 Morales v. Hickman# 4 Brown v. Beck# 5 Affidavit of Dr. Dershwitz# 6 Affidavit of Dr. Rosow)(Collyer, Michael) (Entered: 04/21/2006)

April 21, 2006
947

ORDER granting (140) Motion for TRO in case 2:09-cv-00242-GLF-EPD; granting (139) Motion for TRO in case 2:09-cv-00823-GLF-MRA; granting (157) Motion for TRO in case 2:10-cv-00027-GLF-MRA; granting (908) Motion for TRO in case 2:04-cv-01156-GLF-MRA. Signed by Judge Gregory L Frost on 7/8/11. Associated Cases: 2:04-cv-01156-GLF-MRA, 2:09-cv-00242-GLF-EPD, 2:09-cv-00823-GLF-MRA, 2:10-cv-00027-GLF-MRA (kn)

July 8, 2011 RECAP
40

MOTION to Participate in Preliminary Conference re 38 Order, Set Hearings,, by Plaintiff Richard Cooey. (Culshaw, Kelly) (Entered: 04/24/2006)

April 24, 2006

State / Territory: Ohio

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: June 10, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a death-sentenced prisoner at the Mansfield Correctional Institution in Mansfield, Ohio

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Ohio Department of Rehabilitation and Correction (Mansfield), 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)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Death Penalty:

Lethal Injection - Chemicals Used