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Case: Evans v. Saar

1:06-cv-00149 | U.S. District Court for the District of Maryland

Filed Date: Jan. 19, 2006

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On January 19, 2006, a death-sentenced inmate of the Maryland Correctional Adjustment Center in Baltimore, Maryland filed a lawsuit under 42 U.S.C. § 1983 against the Maryland Department of Correction in the U.S. District Court for the District of Maryland. The plaintiff, whose execution was scheduled to take place during the week of February 6, 2006, sought a temporary restraining order and a preliminary injunction enjoining the defendants from carrying out his execution using their current p…

On January 19, 2006, a death-sentenced inmate of the Maryland Correctional Adjustment Center in Baltimore, Maryland filed a lawsuit under 42 U.S.C. § 1983 against the Maryland Department of Correction in the U.S. District Court for the District of Maryland. The plaintiff, whose execution was scheduled to take place during the week of February 6, 2006, sought a temporary restraining order and a preliminary injunction enjoining the defendants from carrying out his execution using their current practices and procedures for lethal injection. The plaintiff's specific objection was to the three-drug cocktail (sodium pentothal, pancuronium bromide, and potassium chloride) used in Maryland's lethal injections. He alleged that particular skill was required to properly administer sodium pentothal, which was intended to induce general anesthesia, and that improper administration of the drug would lead to excruciating, torturous pain during the administration of the other two drugs. Due to this, the plaintiff argued that the defendants' lethal injection procedures arbitrarily and unnecessarily created a grave risk that he would suffer extreme pain during his execution, thus violating his rights under the Eighth and Fourteenth Amendments.

The next day, the plaintiff filed a similar complaint in the Circuit Court for Baltimore City, naming as co-plaintiffs the National Association for the Advancement of Colored People (NAACP), the American Civil Liberties Union Foundation of Maryland (ACLU), and the Maryland Citizens Against State Executions (MCASE). In this complaint, the plaintiffs alleged that the defendants had failed to follow Maryland law (Md. Code Ann., State Gov't §3-905) in adopting their execution protocol because it had not been formally adopted under the Maryland Administrative Procedure Act (MAPA), thereby depriving the state's citizens of the opportunity to ensure that executions were carried out in a proper and humane manner and increasing the risk that the executed prisoners would suffer unnecessarily during their executions. They asked the court to issue a temporary restraining order and to enjoin the defendants from performing any executions until they had come into compliance with the law.

On February 1, 2006, the U.S. District Court for the District of Maryland (Judge Benson Everett Legg) denied both the plaintiff's motion for a temporary restraining order and his motion for a preliminary injunction, finding that Maryland's three-drug protocol did not endanger the plaintiff's constitutional rights. The court reasoned that thirty-five of the thirty-seven states who used lethal injection as a means of execution used the same protocol as Maryland, and that the Fourth Circuit had already ruled that this protocol did not run afoul of the Eighth Amendment's prohibition of cruel and unusual punishment.

The plaintiff appealed the following day, asking the District Court to stay the execution pending the outcome of the appeal. On the same day, the District Court (Judge Legg) denied the request to stay the execution. On February 3, 2006, the U.S. Court of Appeals for the Fourth Circuit (Judge James Harvie Wilkinson III) denied without opinion the plaintiff's motion for an injunction pending appeal.

On February 13, the plaintiff asked the Fourth Circuit to dismiss the appeal, and on February 15, 2006, the Fourth Circuit (Judge Wilkinson) granted that motion.

From September 19-22, 2006, the U.S. District Court held an evidentiary hearing, and both sides filed motions for summary judgment. On December 1, 2006, the District Court ordered the defendants to explore the potential availability of surgeons, anesthesiologists, and certified registered nurse anesthetists to assist in the execution. On December 7, 2006, the Court ordered the defendants to submit a written plan describing the parameters of a proposed search.

Meanwhile, on December 19, 2006, the Maryland Court of Appeals invalidated the Maryland execution protocols until such time as they were properly adopted under the MAPA or exempted from that requirement by an act of the Maryland General Assembly. The court enjoined the defendants from utilizing its current lethal injection protocol and checklist until one of these two events occurred. Evans v. Saar, 396 Md. 256 (Md. Ct. App. 2006).

On January 29, 2007, Senate Bill 239 was introduced in the Maryland General Assembly and assigned to committee. If adopted that bill would exempt the death penalty protocols from the requirements of the MAPA. On the same day, House Bill 225 was introduced in the Maryland General Assembly and assigned to committee. If adopted, that bill would repeal the death penalty in Maryland. In light of these rapid changes, the parties issued a joint motion asking the District Court to stay the proceedings in this case until the passage of one of the two proposed bills in the legislature. On February 21, 2007, the District Court agreed to stay the proceedings pending the outcome of the legislation and ordered the parties to file a status report every 90 days.

On March 14, 2011, the parties filed a joint status report pursuant to the Court's order of February 22, 2007. The status report stated that all executions in Maryland had been stayed until the administrative regulations governing the death penalty process are properly adopted. On August 16, 2012 the Court ordered that the case be administratively closed. Subsequently, in May 2013, the Maryland legislature repealed the death penalty for all future convictions, and in December 2014 Governor O'Malley commuted the death sentences of the four remaining death-row inmates to life without the possibility of parole.

Summary Authors

Xin Chen (3/19/2012)

Anna Jones (3/14/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4639700/parties/evans-v-saar/


Judge(s)

Legg, Benson Everett (Maryland)

Shaffer, Denise Oakes (Maryland)

Wilkinson, James Harvie III (Virginia)

Wilner, Alan M. (Maryland)

Attorneys(s) for Plaintiff

Clark, Kalea Seitz (District of Columbia)

Dietrich, Julie S. (District of Columbia)

Geraghty, Anne H. (District of Columbia)

Hut, A. Stephen Jr. (District of Columbia)

O'Toole , Jeffrey (District of Columbia)

Tindall , Anne Harden (District of Columbia)

Judge(s)

Legg, Benson Everett (Maryland)

Shaffer, Denise Oakes (Maryland)

Wilkinson, James Harvie III (Virginia)

Wilner, Alan M. (Maryland)

Attorneys(s) for Plaintiff

Clark, Kalea Seitz (District of Columbia)

Dietrich, Julie S. (District of Columbia)

Geraghty, Anne H. (District of Columbia)

Hut, A. Stephen Jr. (District of Columbia)

O'Toole , Jeffrey (District of Columbia)

Tindall , Anne Harden (District of Columbia)

Wood, Stephanie Katherine (District of Columbia)

Zubler, Todd (District of Columbia)

Attorneys(s) for Defendant

Curran, John Joseph Jr. (Maryland)

Gansler, Douglas F. (Maryland)

Mullally, Laura (Maryland)

Oakley, Scott S (Maryland)

Pickus, Philip M. (Maryland)

Documents in the Clearinghouse

Document

1:06-cv-00149

Federal District Court Docket

Aug. 16, 2012

Aug. 16, 2012

Docket

06-00001

Fourth Circuit Docket

U. S. Court of Appeals for the Fourth Circuit

Aug. 16, 2012

Aug. 16, 2012

Docket
1

1:06-cv-00149

District Court Complaint

Jan. 19, 2006

Jan. 19, 2006

Complaint
4-4

1:06-cv-00149

Memorandum in Support of TRO and Preliminary Injunction

Jan. 20, 2006

Jan. 20, 2006

Pleading / Motion / Brief

1:06-cv-00149

Memorandum in Support of TRO and Preliminary Injunction

NAACP v. Saar

Maryland state trial court

Jan. 20, 2006

Jan. 20, 2006

Pleading / Motion / Brief

1:06-cv-00149

Complaint filed in Baltimore City Circuit Court

NAACP v. Saar

Maryland state trial court

Jan. 20, 2006

Jan. 20, 2006

Complaint
29

1:06-cv-00149

Plaintiff's Reply to Defendant's Memo in Opposition to Temporary Injunction

Jan. 26, 2006

Jan. 26, 2006

Pleading / Motion / Brief

1:06-cv-00149

Supplemental Reply

Jan. 26, 2006

Jan. 26, 2006

Pleading / Motion / Brief
36

1:06-cv-00149

Memorandum Opinion

Feb. 1, 2006

Feb. 1, 2006

Order/Opinion
49

1:06-cv-00149

Order

Feb. 2, 2006

Feb. 2, 2006

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4639700/evans-v-saar/

Last updated Nov. 1, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT For Injunctive and Declaratory Relief against Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker, John Does ( Filing fee $ 250 receipt number 14637006754.), filed by Vernon Evans, Jr. (Attachments: # 1 Civil Cover Sheet)(raf, Deputy Clerk) Modified on 1/19/2006 (raf, Deputy Clerk). (Entered: 01/19/2006)

Jan. 19, 2006

Jan. 19, 2006

PACER
2

(FILED IN ERROR )Summons Issued 20 days as to Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. (raf, Deputy Clerk) Modified on 1/19/2006 (raf, Deputy Clerk). (Entered: 01/19/2006)

Jan. 19, 2006

Jan. 19, 2006

PACER
3

Summons Issued 20 days as to Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. (raf, Deputy Clerk) (Entered: 01/19/2006)

Jan. 19, 2006

Jan. 19, 2006

PACER
4

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Vernon Evans, Jr. (Attachments: # 1 Proposed Order for Preliminary Injunction # 2 Application for TRO# 3 Proposed Order for TRO# 4 Memorandum in support for TRO and Preliminary Injunction# 5 Index of Exhibits# 6 Declaration of Tindall# 7 Exhibit A1# 8 Exhibit A2# 9 Exhibit A3# 10 Exhibit A4# 11 Exhibit A5# 12 Exhibit A6# 13 Exhibit A7# 14 Exhibit A8# 15 Exhibit 9# 16Exhibit B Declaration of Heath)(eg, Deputy Clerk) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

PACER
5

Correspondence from Clerk re: "ECF" warning letter to counsel. (eg, Deputy Clerk) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

PACER
6

AFFIDAVIT of Service for Complaint served on Mary Ann Saar, Assistant Attorney General on 01/19/2006, filed by Vernon Evans, Jr. (O Toole, Jeffrey) Modified on 1/23/2006 (eg, Deputy Clerk). (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

PACER
7

AFFIDAVIT of Service for Complaint served on Frank C. Sizer, Jr., Assistant Attorney General on 01/19/2006, filed by Vernon Evans, Jr. (O Toole, Jeffrey) Modified on 1/23/2006 (eg, Deputy Clerk). (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

PACER
8

AFFIDAVIT of Service for Complaint served on Lehrman Dotson, Assistant Attorney General on 01/19/2006, filed by Vernon Evans, Jr. (O Toole, Jeffrey) Modified on 1/23/2006 (eg, Deputy Clerk). (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

PACER
9

AFFIDAVIT of Service for Complaint served on Gary Hornbaker, Assistant Attorney General on 01/19/2006, filed by Vernon Evans, Jr. (O Toole, Jeffrey) Modified on 1/23/2006 (eg, Deputy Clerk). (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

PACER
10

NOTICE of Appearance by Scott S Oakley on behalf of Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker (Oakley, Scott) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

PACER
11

Status Report Submitted Concerning Hearing of 1-24-06 by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker (Attachments: # 1 Letter of A. Stephen Hut, Esq.# 2 Memorandum Opinion (Quarles, J.), Baker v. Saar)(Oakley, Scott) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

PACER
12

MOTION for Todd Zubler to Appear Pro Hac Vice for Vernon Evans, Jr. (cag, Deputy Clerk) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

PACER
13

MARGINAL ORDER granting 12 Motion for Todd Zubler to Appear Pro Hac Vice. Signed by the clerk on 1/24/06. (Fee paid - for document #13 see #12) (cag, Deputy Clerk) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

PACER
14

MOTION for A. Stephen Hut, Jr. to Appear Pro Hac Vice for Vernon Evans, Jr. (cag, Deputy Clerk) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

PACER
15

MARGINAL ORDER granting 14 Motion for A. Stephen Hut, Jr. to Appear Pro Hac Vice. Signed by the clerk on 1/24/06. (fee paid receipt #14637006802 for document #15 see #14) (cag, Deputy Clerk) Modified on 1/24/2006 (cag, Deputy Clerk). (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

PACER
16

LETTER ORDER re Redacted files. Signed by Judge Benson Everett Legg on 1/25/06. (Attachments: # 1 List of Documents)(eg, Deputy Clerk) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

PACER
17

Correspondence re: Court's January 25, 2006 Memorandum to Mr. Oakley (being submitted by Plaintiff) (Zubler, Todd) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

PACER
18

RESPONSE in Opposition re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction filed by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Replies due by 2/8/2006. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit D-A# 6 Exhibit D-BCD)(Oakley, Scott) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

PACER
19

(FILED IN ERROR) MOTION to Produce Certain Records by Vernon Evans, Jr. Responses due by 2/13/2006 (Zubler, Todd) Modified on 1/26/2006 (eg, Deputy Clerk). Modified on 1/26/2006 (eg, Deputy Clerk). (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

PACER
20

Status Report Submitted Pursuant to Memorandum Order of 1-25-06 by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker (Oakley, Scott) (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

PACER
21

MOTION to Produce Certain Records by Vernon Evans, Jr. Responses due by 2/13/2006 (Attachments: # 1 Text of Proposed Order Proposed Order)(Zubler, Todd) (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

PACER
22

MOTION to Amend/Correct 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction by Vernon Evans, Jr. Responses due by 2/13/2006 (Attachments: # 1 Exhibit Attachment A# 2 Exhibit Attachment B# 3 Text of Proposed Order Proposed Order)(Zubler, Todd) (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

PACER
23

Correspondence re: Objections to additional redactions claimed by state defendants (Zubler, Todd) (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

PACER
24

ORDER GRANTING Plaintiff's Motion for an Order Directing the Maryland Office of the Chief Medical Examiner to Produce Certain Records. Signed by Judge Benson Everett Legg on 1/26/06. (jlb, Deputy Clerk) (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

PACER
25

MEMORANDUM to Mr. Oakley RE: Mr. Oakley's Letter of January 26, 2006.. Signed by Judge Benson Everett Legg on 1/26/06. (jlb, Deputy Clerk) (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

PACER
26

(FILED IN ERROR) REPLY to Response to Motion re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction Providing Supplemental Evidence filed by Vernon Evans, Jr. (Attachments: # 1 Exhibit 1# 2 Exhibit 1A# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 3A# 6 Exhibit 3B# 7 Exhibit 3C)(Zubler, Todd) Modified on 1/27/2006 (eg, Deputy Clerk). (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

PACER
27

REPLY to Response to Motion re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction Providing Supplemental Evidence filed by Vernon Evans, Jr. (Attachments: # 1 Exhibit 1# 2 Exhibit 1A# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 3A# 6 Exhibit 3B# 7 Exhibit 3C)(Zubler, Todd) Modified on 1/27/2006 (eg, Deputy Clerk). (rec'd 1/27/06 c/s to Chambers) (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

PACER
28

STATUS REPORT Summary of Procedural History in Evans v. State Since June 1999 by Vernon Evans, Jr. (Zubler, Todd) (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

PACER
29

REPLY to Response to Motion re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction filed by Vernon Evans, Jr. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Zubler, Todd) (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

PACER
30

PROTECTIVE ORDER. Signed by Judge Benson Everett Legg on 1/27/06. (Attachments: # 1 Questions for Counsel# 2 Questions for Counsel)(eg, Deputy Clerk) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

PACER
31

PLAINTIFF'S HEARING EXHIBITS LIST by Vernon Evans, Jr.. (EXHIBITS FILED SEPARATELY)(eg, Deputy Clerk) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
32

TRANSCRIPT of (Motions Hearing) Proceedings held on 1/24/06 before Judge Benson E. Legg. Court Reporter: Jacqueline Sovich. (FILED SEPARATELY) (eg, Deputy Clerk) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
33

TRANSCRIPT of (Motions Hearing) Proceedings held on 1/27/06 before Judge Benson E. Legg. Court Reporter: Jacqueline Sovich. (FILED SEPARATELY) (eg, Deputy Clerk) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
34

RESPONSE in Opposition re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction (Supplemental Evidence) filed by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Replies due by 2/14/2006. (Attachments: # 1 Affidavit of [Certified Nurse Assistant]# 2 Affidavit of [EMT-P #1]# 3 Affidavit of [EMT-P #2])(Oakley, Scott) (Entered: 01/31/2006)

Jan. 31, 2006

Jan. 31, 2006

PACER
35

RESPONSE in Opposition re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Preliminary Injunction MOTION for Preliminary Injunction Second Submission of Supplemental Evidence filed by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Replies due by 2/15/2006. (Attachments: # 1 Affidavit James V. Peguese)(Oakley, Scott) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

PACER
36

MEMORANDUM OPINION. Signed by Judge Benson Everett Legg on 02/01/2006. (Legg, Benson Everett) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

RECAP
37

ORDER DENYING Evans's motion for a temporary restraining order 4, and DENYING Evans's motion for a preliminary injunction 4 . Signed by Judge Benson Everett Legg on 02/01/2006. (Legg, Benson Everett) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

PACER
38

DEFENDANT'S EXHIBIT LIST by Mary Ann Saar,et al.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(eg, Deputy Clerk) (Entered: 02/02/2006)

Feb. 1, 2006

Feb. 1, 2006

PACER
39

ORDERED that Hearing Exhibits be placed under seal pending further order of the Court. Signed by Judge Benson Everett Legg on 2/1/06. (eg, Deputy Clerk) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
40

SEALED EXHIBITS. (eg, Deputy Clerk) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
41

NOTICE OF APPEAL as to 36 Memorandum Opinion, 37 Order by Vernon Evans, Jr. Filing fee $ 255. Appeal Record due by 3/6/2006. (Zubler, Todd) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
42

MOTION to Stay re 36 Memorandum Opinion, 37 Order Pending Appeal with Request for Expedited Consideration by Vernon Evans, Jr. Responses due by 2/21/2006 (Attachments: # 1 Text of Proposed Order)(Zubler, Todd) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
43

RESPONSE in Opposition re 42 MOTION to Stay re 36 Memorandum Opinion, 37 Order Pending Appeal with Request for Expedited Consideration filed by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Replies due by 2/16/2006. (Oakley, Scott) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
44

Discovery Material (FILED SEPARATELY) (eg, Deputy Clerk) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
45

SEALED Discovery Material (eg, Deputy Clerk) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
46

QUESTIONS FOR COUNSEL at Hearing entered 1/24/06. Signed by Judge Benson Everett Legg on 1/24/06. (eg, Deputy Clerk) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
47

QUESTIONS FOR COUNSEL at Hearing entered 1/27/06. Signed by Judge Benson Everett Legg on 1/27/06. (eg, Deputy Clerk) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
48

ORDER denying 42 Motion of Plaintiff for an injunction pending appeal. Signed by Judge Benson Everett Legg on 2/2/06. (eg, Deputy Clerk) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
49

ORDER re Post-Execution. Signed by Judge Benson Everett Legg on 2/2/06. (eg, Deputy Clerk) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
50

PAPERLESS ORDER granting 22 Motion to Amend/Correct. Signed by Judge Benson Everett Legg on 02/02/2006. (Legg, Benson Everett) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
51

TRANSCRIPT filed for proceedings on 2/1/06 before Judge Legg, re 41 Notice of Appeal Court Reporter: Jackie Sovich. (Filed Separately) (sls, Deputy Clerk) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
52

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 41 Notice of Appeal (sls, Deputy Clerk) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

PACER
53

MEMORANDUM to Parties: Please file a status report by Wednesday, February 15, 2006 as therein set forth. Signed by Judge Benson Everett Legg on 2/6/06. (slf, Deputy Clerk) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

PACER
54

STATUS REPORT pursuant to Court's February 6, 2006 Order by Vernon Evans, Jr. (Zubler, Todd) (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

PACER
55

STATUS REPORT (February 15, 2006) by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. (Oakley, Scott) (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

PACER
56

MOTION to Shorten Time for Defendants to Respond to Complaint and for Immediate Issuance of a Scheduling Order by Vernon Evans, Jr. Responses due by 3/6/2006 (Zubler, Todd) Modified on 3/7/2006 (eg, Deputy Clerk). (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

PACER
57

MOTION to Shorten Time for Defendants to Respond by Vernon Evans, Jr. Responses due by 3/6/2006 (Zubler, Todd) Modified on 3/7/2006 (eg, Deputy Clerk). (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

PACER
58

RESPONSE in Opposition re 56 MOTION to Shorten Time for Defendants to Respond to Complaint and for Immediate Issuance of a Scheduling Order, 57 MOTION to Shorten Time for Defendants to Respond filed by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Replies due by 3/3/2006. (Oakley, Scott) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

PACER
59

MANDATE of USCA as to 41 Notice of Appeal filed by Vernon Evans, Jr. (sls, Deputy Clerk) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

PACER
60

ORDER SETTING Schedule. Signed by Judge Benson Everett Legg on 2/17/06. (eg, Deputy Clerk) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

PACER
61

Request for Hearing/Trial -- Rescheduling of Trial Date (Zubler, Todd) (Entered: 02/23/2006)

Feb. 23, 2006

Feb. 23, 2006

PACER
62

LETTER ORDER re Trial date. Signed by Judge Benson Everett Legg on 3/1/06. (eg, Deputy Clerk) (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

PACER
63

MOTION to Dismiss or for Summary Judgment by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Responses due by 3/20/2006 (Attachments: # 1 Exhibit "A," Affidavit of Patricia Allen# 2 Exhibit "1" to Ex. "A," Affidavit of Patricia Allen# 3 Exhibit "2" to Ex. "A," Affidavit of Patricia Allen# 4 Exhibit "3" to Ex. "A," Affidavit of Patricia Allen# 5 Exhibit "B," Affidavit of Marvin Robbins)(Oakley, Scott) Modified on 3/7/2006 (eg, Deputy Clerk). (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

PACER
64

REQUEST for Extension of Time to File Answer (Oakley, Scott) (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

PACER
65

LETTER ORDER re Answer, SETTING date for Teleconference. Signed by Judge Benson Everett Legg on 3/7/06. (eg, Deputy Clerk) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

PACER
66

(FILED IN ERROR-DOCUMENT FILED IN THE WRONG CASE) NOTICE OF DISMISSAL and ORDER APPROVING subject to the Court's continuing jurisdiction over issues related to claims against the bond. Signed by Judge Andre M Davis on 3/7/06. (eg, Deputy Clerk) Modified on 3/7/2006 (eg, Deputy Clerk). (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

PACER
67

ANSWER to Complaint by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker.(Oakley, Scott) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

PACER
68

Correspondence re: Scheduling (Oakley, Scott) (Entered: 03/14/2006)

March 14, 2006

March 14, 2006

PACER
69

LETTER ORDER CONFIRMING SCHEDULE re Discovery, ADMINISTRATIVELY CLOSING 63 Motion of Defendants to Dismiss. Signed by Judge Benson Everett Legg on 3/14/06. (eg, Deputy Clerk) (Entered: 03/15/2006)

March 15, 2006

March 15, 2006

PACER
70

PAPERLESS ORDER denying as moot 56 Motion to Shorten Time. Signed by Judge Benson Everett Legg on 03/28/2006. (Legg, Benson Everett) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
71

PAPERLESS ORDER denying as moot 57 Motion to Shorten Time. Signed by Judge Benson Everett Legg on 03/28/2006. (Legg, Benson Everett) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
72

Correspondence re: scheduling (Zubler, Todd) (Entered: 03/29/2006)

March 29, 2006

March 29, 2006

PACER
73

MOTION for Protective Order and For Expedited Consideration by Vernon Evans, Jr. Responses due by 5/8/2006 (Attachments: # 1 Exhibit Proposed Protective Order# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Zubler, Todd) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

PACER
74

Cross MOTION for Protective Order and Opposition to Plaintiff's Motion for Protective Order by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Responses due by 5/8/2006 (Attachments: # 1 Exhibit "A"# 2 Exhibit "B"# 3 Exhibit "C"# 4 Exhibit "D")(Oakley, Scott) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

PACER
75

MOTION for Extension of Time to Respond to Plaintiff's Discovery by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Responses due by 5/11/2006 (Attachments: # 1 Exhibit "A"# 2 Text of Proposed Order)(Oakley, Scott) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

PACER
76

REPLY to Response to Motion re 73 MOTION for Protective Order and For Expedited Consideration, 74 Cross MOTION for Protective Order and Opposition to Plaintiff's Motion for Protective Order filed by Vernon Evans, Jr. (Attachments: # 1 Text of Proposed Order)(Zubler, Todd) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

PACER
77

RESPONSE to Motion re 75 MOTION for Extension of Time to Respond to Plaintiff's Discovery filed by Vernon Evans, Jr. Replies due by 5/9/2006. (Zubler, Todd) (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

PACER
78

ORDER granting 75 Motion by the State for an Extension of Time. Signed by Judge Benson Everett Legg on 4/28/06 (cag, Deputy Clerk) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

PACER
79

Joint MOTION for Other Relief Scheduling Order by Vernon Evans, Jr. Responses due by 5/19/2006 (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(Zubler, Todd) (Entered: 05/02/2006)

May 2, 2006

May 2, 2006

PACER
80

PAPERLESS ORDER granting 79 Joint Motion. Signed by Judge Benson Everett Legg on 05/03/2006. (Legg, Benson Everett) (Entered: 05/03/2006)

May 3, 2006

May 3, 2006

PACER
81

MOTION Enforce Court's Order Dated April 28, 2006 by Vernon Evans, Jr. Responses due by 5/22/2006 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Zubler, Todd) (Entered: 05/03/2006)

May 3, 2006

May 3, 2006

PACER
82

RESPONSE to Motion re 81 MOTION Enforce Court's Order Dated April 28, 2006 and Cross-Motion to Enlarge Time filed by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Replies due by 5/17/2006. (Oakley, Scott) (Entered: 05/03/2006)

May 3, 2006

May 3, 2006

PACER
83

ORDER re Confidentiality. Signed by Judge Benson Everett Legg on 5/4/06. (hml, Deputy Clerk) (Entered: 05/04/2006)

May 4, 2006

May 4, 2006

PACER
84

Joint MOTION for Protective Order by Vernon Evans, Jr. Responses due by 5/22/2006 (Attachments: # 1 Text of Proposed Order)(Zubler, Todd) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

PACER
85

PROTECTIVE ORDER Signed by Judge Benson Everett Legg on 5/5/06(cag, Deputy Clerk) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

PACER
86

NOTICE of Appearance by Stephanie Katherine Wood on behalf of Vernon Evans, Jr (slf, Deputy Clerk) (Entered: 05/15/2006)

May 15, 2006

May 15, 2006

PACER
87

MOTION for Anne Harden Tindall to Appear Pro Hac Vice by Vernon Evans, Jr.(fee pd, voucher #14637009178) (slf, Deputy Clerk) (Entered: 05/15/2006)

May 15, 2006

May 15, 2006

PACER
88

MARGINAL ORDER granting 87 Motion of Anne Harden Tindall to Appear Pro Hac Vice. Signed by Clerk on 5/15/06. (see pleading No 87) (slf, Deputy Clerk) (Entered: 05/15/2006)

May 15, 2006

May 15, 2006

PACER
89

MOTION for Anne H. Geraghty to Appear Pro Hac Vice by Vernon Evans, Jr.(fee pd, voucher #14637009178) (slf, Deputy Clerk) (Entered: 05/15/2006)

May 15, 2006

May 15, 2006

PACER
90

MARGINAL ORDER granting 89 Motion of Anne H. Geraghty to Appear Pro Hac Vice. Signed by Clerk on 5/15/06.(see pleading No 89) (slf, Deputy Clerk) (Entered: 05/15/2006)

May 15, 2006

May 15, 2006

PACER
91

NOTICE of Appearance by Kalea Seitz Clark on behalf of Vernon Evans, Jr (Clark, Kalea) (Entered: 05/25/2006)

May 25, 2006

May 25, 2006

PACER
92

Joint Correspondence re: Statement of Parties Concerning Tour of Execution Area by Court and Counsel (Zubler, Todd) (Entered: 06/12/2006)

June 12, 2006

June 12, 2006

PACER
93

STIPULATION and Proposed Order to Suspend Discovery Schedule by Defendants and by Vernon Evans, Jr. (Attachments: # 1 Text of Proposed Order Proposed Order)(Zubler, Todd) (Entered: 06/12/2006)

June 12, 2006

June 12, 2006

PACER
94

Correspondence re: Inspection Visit (Zubler, Todd) (Entered: 06/14/2006)

June 14, 2006

June 14, 2006

PACER
95

NOTICE of Plaintiff's Motion for Leave to Conduct Deposition by Vernon Evans, Jr of Filing of Document Under Seal (Zubler, Todd) Modified on 7/5/2006 (eg, Deputy Clerk). (Entered: 06/28/2006)

June 28, 2006

June 28, 2006

PACER
96

NOTICE of Appearance by Phillip Michael Pickus on behalf of Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker (Pickus, Phillip) (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

PACER
97

Joint MOTION for Other Relief Requesting Entry of Agreed-On Scheduling Order by Vernon Evans, Jr. Responses due by 7/17/2006 (Attachments: # 1 Text of Proposed Order Scheduling Order)(Zubler, Todd) (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

PACER
98

Correspondence re: Withdrawal of Plaintiff's Motion for Leave to Conduct Deposition (Zubler, Todd) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

PACER
99

PAPERLESS ORDER granting 97 Joint Motion for Other Relief. Signed by Judge Benson Everett Legg on 07/14/2006. (Legg, Benson Everett) (Entered: 07/14/2006)

July 14, 2006

July 14, 2006

PACER
100

MOTION to Withdraw as Attorney by Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson, Gary Hornbaker. Responses due by 8/4/2006 (Oakley, Scott) (Entered: 07/18/2006)

July 18, 2006

July 18, 2006

PACER

Case Details

State / Territory: Maryland

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 19, 2006

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a death-sentenced prisoner of the state of Maryland

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Maryland Department of Correction, State

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2006 - None

Content of Injunction:

Preliminary relief denied

Issues

Death Penalty:

Lethal Injection - General

Lethal Injection - Staffing (including physician)