Case: Taylor v. Crawford

2:05-cv-04173 | U.S. District Court for the Western District of Missouri

Filed Date: July 28, 2005

Closed Date: Feb. 25, 2014

Clearinghouse coding complete

Case Summary

On July 28, 2005 a death-sentenced inmate of the Potosi Correctional Center in Washington County, Missouri, filed a lawsuit under 42 U.S.C. § 1983 against the Missouri Department of Corrections in the U.S. District Court for the Western District of Missouri. He claimed that there was a 43% chance that the defendants' planned lethal injection procedure would torture him and cause him unnecessary pain. He argued that this violated his Eighth Amendment right to be free from cruel and unusual pun…

On July 28, 2005 a death-sentenced inmate of the Potosi Correctional Center in Washington County, Missouri, filed a lawsuit under 42 U.S.C. § 1983 against the Missouri Department of Corrections in the U.S. District Court for the Western District of Missouri. He claimed that there was a 43% chance that the defendants' planned lethal injection procedure would torture him and cause him unnecessary pain. He argued that this violated his Eighth Amendment right to be free from cruel and unusual punishment. He also argued that the infliction of the death penalty, and specifically the use of a form of execution more painful than necessary to bring about the death involved, violated the Thirteenth Amendment because it was a relict, vestige, and badge of slavery. Specifically, he was concerned that that the use of the femoral vein for the administration of the lethal injection would require a painful "cut-down" procedure, and that the anesthetic used (thiopental) would wear off too soon, allowing him to be conscious during the administration of potassium chloride, which causes a painful burning sensation throughout the body. In addition, the plaintiff argued that the Missouri physicians who were involved in administering the lethal injections were violating their ethical obligations.

The defendants asked the court to dismiss the case, claiming that the plaintiff had to exhaust his administrative remedies before bringing the case in District Court. On December 28, 2005, the District Court (Judge Scott O. Wright) denied their request, finding that the plaintiff did not have to exhaust his administrative remedies because if the defendants had wanted to change the method of execution due to the pain it inflicted, they would have already done so.

On January 18, 2006, the plaintiff asked the District Court to order the defendants not to execute him until the court had held a hearing and decided how to resolve the issues in the case. The next day, the District Court (Judge Wright) granted his request and ordered the defendants not to execute the plaintiff until the court told them that they could do so. The defendants appealed. On January 29, 2006, the U.S. Court of Appeals for the Eighth Circuit (Judges William J. Riley, Clarence Arlen Beam, and David Rasmussen Hansen) vacated the stay and ordered the District Court to hold a hearing before noon on February 1, 2006. They also held that the execution should be stayed until midnight on February 3, 2006.

According to the Eighth Circuit's order, the District Court held a hearing to decide the merits of the case on January 31, 2006. After the hearing, Court (Judge Fernando J. Gaitan, Jr.) found that neither the chemicals used by the State of Missouri for lethal injection nor the procedure employed to administer these injections constituted cruel and unusual punishment. The Court reasoned that while the plaintiff suggested a different approach to lethal injection, he did not prove that the current method used by Missouri violated the Eighth Amendment to the Constitution. The Court also said that it was not persuaded that the use of the femoral vein for the administration of the lethal injection violated applicable standards of the Eighth Amendment, and it did not believe that the Missouri physicians who were involved in administering the lethal injections were violating their ethical obligations. Finally, the Court said that the lethal injection procedure did not violate the Thirteenth Amendment's prohibition of slavery. The plaintiff appealed.

On April 27, 2006, the Eighth Circuit (Judges Riley, Beam, and Hansen) issued a per curiam opinion vacating the District Court's decision and remanding the case so that the lower court could hold a more thorough hearing and expand the record. The Eighth Circuit decided to do this because they felt that the time constraints that they had imposed on the lower court had been unreasonable, and they wished to allow the parties more time to present their cases. Taylor v. Crawford, 445 F.3d 1095 (8th Cir. 2006).

After holding a more extensive hearing, the District Court ruled on June 26, 2006, amended its earlier decision, ordering the defendants to prepare a written protocol for lethal injections that included the following changes: 1) a board certified anesthesiologist must be responsible for the mixing and administering of all drugs used during the lethal injection, 2) at least 5 grams of thiopental must be administered and the anesthesiologist must certify that the thiopental has rendered the plaintiff unconscious, 3) the state must purchase any equipment necessary to allow the anesthesiologist to monitor the depth of the anesthetic, in order to insure that the plaintiff will not feel any pain, 4) the state must have a contingency plan in place in case problems develop during the execution procedure, 5) an auditing process must be in place to ensure that all individuals involved in the lethal injection process are correctly following the protocol, and 6) after the Court approves the lethal injection protocol, it must not be changed without the prior approval of the Court. The District Court then sent this ruling up to the Eighth Circuit for their consideration and approval. Taylor v. Crawford, 2006 WL 1779035 (W.D.Mo. June 26, 2006).

On July 24, 2006, the defendants filed a revised protocol for use in carrying out the inmate's death sentence in the District Court, and the Eighth Circuit remanded their jurisdiction back to the lower court so that the new protocol could be considered. On September 12, 2006, the District Court (Judge Gaitan) rejected the defendants' revised protocol, saying that even though it was an improvement, it was not enough to meet the standards of the Constitution because it lacked a provision for purchase of equipment that allows monitoring of anesthetic depth. The Court ordered the defendants to submit a revised protocol to the Court by October 27, 2006.

The defendants asked the District Court to reconsider their rejection of the revised protocol, and on October 16, 2006, the District Court (Judge Gaitan) refused to reconsider the decision. The defendants appealed that refusal, and on June 4, 2007, the Eighth Circuit reversed the District Court's decision, holding that the defendants' proposed revisions of the protocol were sufficient to get rid of any Constitutional problems. They also vacated the District Court's injunction that had forbidden the defendants from executing the plaintiff. The plaintiff asked the Eighth Circuit to rehear the case en banc, and on August 8, 2007, the Eighth Circuit declined to do so. The plaintiff filed a writ of certiorari in the U.S. Supreme Court, but the Supreme Court declined to hear the case.

Missouri Gov. Jay Nixon denied the inmate's request for clemency and he was executed on February 25, 2014.

Summary Authors

Kristen Sagar (10/2/2008)

Abigail DeHart (11/14/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4300979/parties/taylor-v-crawford/


Judge(s)

Beam, Clarence Arlen (Nebraska)

Gaitan, Fernando J. Jr. (Missouri)

Hansen, David Rasmussen (Iowa)

Knox, William A. (Missouri)

Riley, William Jay (Nebraska)

Wright, Scott Olin (Missouri)

Attorneys(s) for Plaintiff

Anders, Ginger (District of Columbia)

Berger , Eric (District of Columbia)

Hellman , Matthew S. (District of Columbia)

Petruska , Lynette M. (Missouri)

Judge(s)

Beam, Clarence Arlen (Nebraska)

Gaitan, Fernando J. Jr. (Missouri)

Hansen, David Rasmussen (Iowa)

Knox, William A. (Missouri)

Riley, William Jay (Nebraska)

Wright, Scott Olin (Missouri)

Attorneys(s) for Plaintiff

Anders, Ginger (District of Columbia)

Berger , Eric (District of Columbia)

Hellman , Matthew S. (District of Columbia)

Petruska , Lynette M. (Missouri)

Pleban, C. John (Missouri)

Simon , John William (Missouri)

Verrilli, Donald B. Jr. (District of Columbia)

Attorneys(s) for Defendant

Hawke, Stephen David (Missouri)

Layton, James R. (Missouri)

Nixon, Jeremiah (Jay) W. (Missouri)

Pritchett, Michael (Missouri)

Other Attorney(s)

Arnold , Mark G. (Missouri)

Carlyle , Elizabeth Unger (Mississippi)

Herndon , Jennifer (Missouri)

Documents in the Clearinghouse

Document

Docket (PACER)

April 25, 2008 Docket
1

Verified Complaint for Declaratory and Injunctive Relief

June 3, 2005 Complaint
36

First Amended Complaint for Declaratory and Injunctive Relief

Sept. 12, 2005 Complaint
54

Order [Denying Defendants' Motion to Dismiss]

Dec. 28, 2005 Order/Opinion

Application to Vacate Stay of Execution

Crawford v. Taylor

Supreme Court of the United States

Jan. 1, 2006 Pleading / Motion / Brief

Order [Granting Defendant's Motion to Vacate Preliminary Injunction]

U. S. Court of Appeals for the Eighth Circuit

Jan. 29, 2006 Order/Opinion

Application to Vacate Stay of Execution

Crawford v. Taylor

Supreme Court of the United States

Jan. 31, 2006 Pleading / Motion / Brief

Supplemental Suggestions in Opposition to Application to Vacate Stay of Execution

Crawford v. Taylor

Supreme Court of the United States

Jan. 31, 2006 Pleading / Motion / Brief
76

Order [Granting Motion to Intervene]

Taylor v. Crawford

Jan. 31, 2006 Order/Opinion

Application to Vacate Stay of Execution

Crawford v. Taylor

Supreme Court of the United States

Feb. 1, 2006 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4300979/taylor-v-crawford/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT VERIFIED for Preliminary Injunctive Relief, Declaratory Injunctive Relief, and Permament Injunctive Relief against all defendants (Filing fee $250 receipt number IFP) Service due by 10/3/2005, filed by John William Simon on behalf of Michael Taylor.(Simon, John)

June 3, 2005 PACER
2

Motion for Leave to Proceed IFP filed by John William Simon on behalf of Michael Taylor.(Simon, John) Modified on 6/6/2005 to correct docket text(Bax, Laura).

June 3, 2005 PACER
3

Memorandum in Support of Motion for Leave to Proceed IFP filed by John William Simon on behalf of Michael Taylor. (Attachments: # (1) Affidavit Affidavit of Indigence in Support of Motion for Leave to Proceed IFP)(Simon, John) Modified on 6/6/2005 to correct docket text(Bax, Laura).

1 Affidavit Affidavit of Indigence in Support of Motion for Leave to Proceed IFP

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June 3, 2005 PACER
4

CERTIFICATE of counsel of Tendering of Waivers of Service of Process by John William Simon on behalf of Michael Taylor (Attachments: # (1) # (2) # (3))(Simon, John)

June 3, 2005 PACER
5

Supplement to complaint by Michael Taylor re [1] Complaint, Notice of Filing of Exhibit 1 (Attachments: # (1) Exhibit 1 Heath Declaration# (2) Exhibit 1, Heath Exhibit 1, Curriculum Vitae)(Simon, John) Modified on 6/6/2005 to correct docket text (Bax, Laura).

1 Exhibit 1 Heath Declaration

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2 Exhibit 1, Heath Exhibit 1, Curriculum Vitae

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June 3, 2005 PACER
6

Supplement to complaint by Michael Taylor re [1] Complaint, Exhibit 2 (Attachments: # (1) Exhibit Exhibit 2, Lubarsky Declaration# (2) Exhibit Lubarsky Exhibit 2, Curriculum Vitae# (3) Exhibit Lubarsky Exhibit 2, Lancet Article)(Simon, John) Modified on 6/6/2005 to correct docket text (Bax, Laura).

1 Exhibit Exhibit 2, Lubarsky Declaration

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2 Exhibit Lubarsky Exhibit 2, Curriculum Vitae

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3 Exhibit Lubarsky Exhibit 2, Lancet Article

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June 3, 2005 PACER
7

Supplement to complaint by Michael Taylor re [1] Complaint, Exhibits 3-7 (Attachments: # (1) Exhibit 3# (2) Exhibit 4# (3) Exhibit 5# (4) Exhibit 6# (5) Exhibit 7)(Simon, John) Modified on 6/6/2005 to correct docket text(Bax, Laura).

1 Exhibit 3

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2 Exhibit 4

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3 Exhibit 5

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4 Exhibit 6

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5 Exhibit 7

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June 3, 2005 PACER
8

Supplement to complaint by Michael Taylor re [1] Complaint, Exhibits 8-10 (Attachments: # (1) Exhibit 8, Affidavit re Filing of IRR in Brown# (2) Exhibit 9 Defendants' Motion to Dismiss Exhibit in Brown# (3) Exhibit 10 Declaration of Michael Lenza# (4) Exhibit 10, Declaration Exhibit 1, Curriculum Vitae of Jan 2005)(Simon, John) Modified on 6/6/2005 to correct docket text (Bax, Laura).

1 Exhibit 8, Affidavit re Filing of IRR in Brown

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2 Exhibit 9 Defendants' Motion to Dismiss Exhibit in Brown

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3 Exhibit 10 Declaration of Michael Lenza

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4 Exhibit 10, Declaration Exhibit 1, Curriculum Vitae of Jan 2005

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June 3, 2005 PACER
9

Supplement to complaint by Michael Taylor re [1] Complaint, Exhbit 11 (Attachments: # (1) Exhibit 11)(Simon, John) Modified on 6/6/2005 to correct docket text (Bax, Laura).

1 Exhibit 11

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June 3, 2005 PACER
10

Supplement to complaint by Michael Taylor re [1] Complaint, Exhibits 12-15 (Attachments: # (1) Exhibit 12# (2) Exhibit 13# (3) Exhibit 14# (4) Exhibit 15)(Simon, John) Modified on 6/6/2005 to correct docket text (Bax, Laura).

1 Exhibit 12

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2 Exhibit 13

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3 Exhibit 14

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4 Exhibit 15

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June 3, 2005 PACER
11

Supplement to complaint by Michael Taylor Exhibits 16-17 (Attachments: # (1) Exhibit 16# (2) Exhibit 17)(Simon, John) Modified on 6/6/2005 to correct docket text(Bax, Laura).

1 Exhibit 16

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2 Exhibit 17

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June 3, 2005 PACER
12

Supplement to complaint by Michael Taylor re [1] Complaint, Exhibit 18 (Attachments: # (1) Exhibit 18)(Simon, John) Modified on 6/6/2005 to correct docket text(Bax, Laura).

1 Exhibit 18

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June 3, 2005 PACER
13

ORDER REFERRING CASE to Magistrate Judge Knox. Signed by Judge Scott O. Wright on 6/6/05. (Bax, Laura)

June 6, 2005 PACER
14

SUGGESTIONS in support re MOTION for leave to proceed in forma pauperis Supplemental Memorandum with Certified Inmate Account Statement Attached filed by John William Simon on behalf of Plaintiff Michael Taylor. (Attachments: # (1) Exhibit Certified Inmate Account Statement)(Related document(s)[]) (Simon, John)

1 Exhibit Certified Inmate Account Statement

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June 10, 2005 PACER
15

Inmate ACCOUNT STATEMENT by Michael Taylor. Fee calculated. (James, Carrie)

June 14, 2005 PACER
16

NOTICE of appearance by Michael Pritchett on behalf of Larry Crawford, James D Purkett (Pritchett, Michael)

July 7, 2005 PACER
17

MOTION to intervene filed byJennifer Herndon on behalf of Richard D Clay Suggestions in opposition/response due by 8/1/2005 unless otherwise directed by the court (Herndon, Jennifer)

July 15, 2005 PACER
18

ORDER granting [] motion for leave to proceed in forma pauperis, assessing initial fee of $26.80; granting [17] motion to intervene. Signed by Judge William A. Knox on 7/28/2005. (Bode, Kay) Modified on 8/11/2005 to correct docket text (Bode, Kay).

July 28, 2005 PACER
30

MOTION for reconsideration [18] filed byMichael Pritchett on behalf of Larry Crawford, James D Purkett Suggestions in opposition/response due by 8/11/2005 unless otherwise directed by the court (Attachments: # (1) Exhibit) refiled by the court as a motion(Price, Jackie)

1 Exhibit

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July 29, 2005 PACER
20

MOTION for discovery to shorten time filed byJohn William Simon on behalf of Michael Taylor Suggestions in opposition/response due by 8/15/2005 unless otherwise directed by the court (Simon, John)

July 31, 2005 PACER
21

SUGGESTIONS in support re [20] MOTION for discovery to shorten time filed by John William Simon on behalf of Plaintiff Michael Taylor. (Attachments: # (1) Exhibit 1 SCOMO Threatened# (2) Exhibit 2 Defts Kept Vernon on Gurney 3 Hours)(Related document(s)[20]) (Simon, John)

1 Exhibit 1 SCOMO Threatened

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2 Exhibit 2 Defts Kept Vernon on Gurney 3 Hours

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July 31, 2005 PACER
22

NOTICE of filing by Michael Taylor re [21] Suggestions in Support of Motion,, [20] MOTION for discovery to shorten time on Sunday, July 31, 2005, with certification of telephone conversation on Friday, July 29, 2005 (Simon, John)

Aug. 1, 2005 PACER
23

Minute Entry for proceedings held before Judge William A. Knox : TELEPHONE CONFERENCE held on 8/1/2005. (Court Reporter L. Bax) (Bax, Laura)

Aug. 1, 2005 PACER
24

NOTICE of hearing: Discovery Hearing set for 8/18/2005 10:00 AM in Magistrate Courtroom, Jefferson City (WAK) before William Knox. Text only entry - no document is attached.(Bax, Laura)

Aug. 1, 2005 PACER
25

NOTICE of appearance by Elizabeth Unger Carlyle on behalf of Richard D Clay (Carlyle, Elizabeth)

Aug. 10, 2005 PACER
26

NOTICE of filing by Richard D Clay re [19] Response to order, Suggestions in Opposition to Motion for Reconsideration of Order Granting Leave to Intervene (Carlyle, Elizabeth)

Aug. 10, 2005 PACER
27

NOTICE of telephone Status Conference set for 9/7/2005 10:45 AM in Magistrate Courtroom, Jefferson City (WAK) before William Knox. Court will initiate the call. Conflicts and questions should be directed to Jackie at 573-636-4015. TEXT ENTRY ONLY - no document is attached.(Price, Jackie)

Aug. 18, 2005 PACER
28

Minute Entry for proceedings held before Judge William A. Knox : DISCOVERY HEARING held on 8/18/2005. (Court Reporter L. Bax) (Bax, Laura)

Aug. 18, 2005 PACER
29

EXHIBIT INDEX from hearing by Michael Taylor. (Bax, Laura)

Aug. 18, 2005 PACER
31

ORDER denying [20] motion for discovery, denying [30] motion for reconsideration. Signed by Judge William A. Knox on 8/25/2005. (Bode, Kay)

Aug. 25, 2005 PACER
32

MOTION for protective order as a result of Objections to Interrogatories filed byMichael Pritchett on behalf of Larry Crawford, James D Purkett Suggestions in opposition/response due by 9/14/2005 unless otherwise directed by the court (Pritchett, Michael)

Aug. 30, 2005 PACER
33

CERTIFICATE OF SERVICE by Larry Crawford, James D Purkett filed by Michael Pritchett on behalf of Defendants Larry Crawford, James D Purkett.(Pritchett, Michael)

Aug. 30, 2005 PACER
34

NOTICE of TELEPHONE CONFERENCE set for 9/7/2005 10:30 AM in Magistrate Courtroom, Jefferson City (WAK) before William Knox. Court will initiate the call. TEXT ENTRY ONLY - no document is attached.(Price, Jackie)

Sept. 1, 2005 PACER
35

Minute Entry for proceedings held before Judge William A. Knox : TELEPHONE CONFERENCE held on 9/7/2005. (Court Reporter /CRD J Russel.) (Russel, Jeri)

Sept. 7, 2005 PACER
36

AMENDED COMPLAINT by both plaintiffs against all defendants filed by John William Simon on behalf of Michael Taylor. (Attachments: # (1) Exhibit 19 Crawford Partial Responses to Interrogatories# (2) Exhibit 20 Dr Groner Curriculum Vitae# (3) Exhibit 21 Johnston Evidentiary Hearing# (4) Exhibit 22 Medical Ethics Rule on Executions)(Simon, John)

1 Exhibit 19 Crawford Partial Responses to Interrogatories

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2 Exhibit 20 Dr Groner Curriculum Vitae

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3 Exhibit 21 Johnston Evidentiary Hearing

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4 Exhibit 22 Medical Ethics Rule on Executions

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Sept. 12, 2005 PACER
37

SUGGESTIONS in opposition re [32] MOTION for protective order as a result of Objections to Interrogatories in which the defendants seek to keep board certified executioner surgeon's name from even the counsel for the plaintiffs filed by John William Simon on behalf of Plaintiff Michael Taylor. Reply suggestions due by 9/28/2005 unless otherwise directed by the court (Attachments: # (1) Exhibit 23 Supplemental Interrogatories)(Related document(s)[32]) (Simon, John)

1 Exhibit 23 Supplemental Interrogatories

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Sept. 13, 2005 PACER
38

MOTION to dismiss case filed byMichael Pritchett on behalf of Larry Crawford, James D Purkett Suggestions in opposition/response due by 10/11/2005 unless otherwise directed by the court (Attachments: # (1) Exhibit # (2) Exhibit B# (3) Exhibit C# (4) Exhibit D)(Pritchett, Michael)

1 Exhibit

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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Sept. 26, 2005 PACER
39

SUGGESTIONS in support re [32] MOTION for protective order as a result of Objections to Interrogatories Defendants' Reply to Plaintiffs' Response (Doc. No. 37) filed by Michael Pritchett on behalf of Defendants Larry Crawford, James D Purkett. (Related document(s)[32]) (Pritchett, Michael)

Sept. 26, 2005 PACER
40

MOTION for extension of time To Rile Responses to Pltf's Supplemental Interrogatories to Defendant Crawford filed byMichael Pritchett on behalf of Larry Crawford Suggestions in opposition/response due by 10/13/2005 unless otherwise directed by the court (Pritchett, Michael)

Sept. 28, 2005 PACER
41

ORDER granting [40] motion for extension of time until 10/5/2005 to file response to supplemental interrogatories to Larry Crawford. Signed by Judge William A. Knox on 9/30/2005. (Bode, Kay)

Sept. 30, 2005 PACER
42

CERTIFICATE OF SERVICE by Larry Crawford, James D Purkett of mailing Defendant Crawford's Answers to Plaintiff's Supplemental Interrogatories filed by Michael Pritchett on behalf of Defendants Larry Crawford, James D Purkett.(Pritchett, Michael)

Oct. 5, 2005 PACER
43

SUGGESTIONS in opposition re [38] MOTION to dismiss case filed by Elizabeth Unger Carlyle on behalf of Plaintiff Michael Taylor. Reply suggestions due by 10/27/2005 unless otherwise directed by the court (Attachments: # (1) motion for overlength pleading# (2) Declaration concerning ECF failure# (3) Exhibit-Unpublished opinions cited in pleading)(Related document(s)[38]) (Carlyle, Elizabeth)

1 motion for overlength pleading

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2 Declaration concerning ECF failure

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3 Exhibit-Unpublished opinions cited in pleading

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Oct. 12, 2005 PACER
44

MOTION for leave to file excess pages filed byElizabeth Unger Carlyle on behalf of Richard D Clay Suggestions in opposition/response due by 10/27/2005 unless otherwise directed by the court (Russel, Jeri) originally attached incorrectly to document [43]

Oct. 12, 2005 PACER
45

REPLY SUGGESTIONS re [38] MOTION to dismiss case "DEFENDANTS' REPLY TO PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO DISMISS" filed by Michael Pritchett on behalf of Defendants Larry Crawford, James D Purkett. (Related document(s)[38]) (Pritchett, Michael) Modified on 10/25/2005 to correct event name(Russel, Jeri).

Oct. 24, 2005 PACER
46

ORDER granting [32] motion for protective order. Signed by Judge William A. Knox on 10/31/2005. (Bode, Kay)

Oct. 31, 2005 PACER
47

ORDER granting [44] motion for leave to file excess pages. Signed by Judge William A. Knox on 11/16/2005. (Bode, Kay)

Nov. 16, 2005 PACER
48

CERTIFICATE OF SERVICE by Larry Crawford of Mailing Supplemental Answers to Plaintiff's First Interrogatories and Responses to Supplemental Interrogatories, filed by Michael Pritchett on behalf of Defendant Larry Crawford.(Pritchett, Michael)

Nov. 18, 2005 PACER
49

REPORT AND RECOMMENDATION that claims filed by Michael Taylor and Richard Clay be dismissed under Rule 41(b) for failure to comply with court orders. Objections to R&R due by 12/22/2005. Signed by Judge William A. Knox on 12/12/2005. (Bode, Kay)

Dec. 12, 2005 PACER
50

MOTION to vacate [49] REPORT AND RECOMMENDATIONS re [36] Amended Complaint, filed by Michael Taylor, or, in the Alternative, Written Exceptions to It filed byJohn William Simon on behalf of Michael Taylor Suggestions in opposition/response due by 12/29/2005 unless otherwise directed by the court (Related document(s)[49]) (Simon, John)

Dec. 14, 2005 PACER
51

Consent MOTION for extension of time to file objections to report and recommendations filed byElizabeth Unger Carlyle on behalf of Richard D Clay Suggestions in opposition/response due by 1/6/2006 unless otherwise directed by the court (Carlyle, Elizabeth)

Dec. 22, 2005 PACER
52

ORDER vacating, in part, [49] Report and Recommendation; granting [50] Motion to vacate; directing monthly payments be made from prison account of Michael Anthony Taylor. Signed by Judge William A. Knox on 12/28/2005. (Bode, Kay) Modified on 12/28/2005 to correct of docket text. (Bode, Kay)

Dec. 28, 2005 PACER
53

ORDER granting [51] motion for extension of time until 1/10/2006 to file exceptions to 12/12/2005 report and recommendation. Signed by Judge William A. Knox on 12/28/2005. (Bode, Kay)

Dec. 28, 2005 PACER
54

ORDER denying [38] defendants' motion to dismiss case. Signed by Judge Scott O. Wright on 12-28-05. (Morse, Judy)

Dec. 28, 2005 PACER
55

NOTICE of filing by Larry Crawford, James D Purkett "Defendants' Notice of Setting of Execution" (Pritchett, Michael)

Jan. 3, 2006 PACER
56

NOTICE of telephone conference set for 1/17/2006 at 9:15 AM before William Knox. Court will initiate the conference call. TEXT ENTRY ONLY - no document is attached. (Price, Jackie)

Jan. 11, 2006 PACER
57

**AMENDED** NOTICE of telephone conference - conference RESET for **1/18/2006 at 9:45 AM** before William Knox. NO DOCUMENT ATTACHED (Price, Jackie)

Jan. 11, 2006 PACER
58

ANSWER to Amended Complaint filed by Michael Pritchett on behalf of Defendants Larry Crawford, James D Purkett.(Pritchett, Michael)

Jan. 12, 2006 PACER
59

Second MOTION for extension of time to file objections to report & recommendations filed byElizabeth Unger Carlyle on behalf of Richard D Clay Suggestions in opposition/response due by 2/1/2006 unless otherwise directed by the court (Carlyle, Elizabeth) Additional attachment(s) added on 1/18/2006 (James, Carrie).

1 Proposed Objections

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2 Proposed Attachment to Objections

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Jan. 17, 2006 PACER
60

MOTION to stay (closest ECF category), actually Application for Court Order, filed byJohn William Simon on behalf of Michael Taylor Suggestions in opposition/response due by 2/2/2006 unless otherwise directed by the court (Simon, John)

Jan. 18, 2006 PACER
61

Minute Entry for proceedings held before Judge William A. Knox : TELEPHONE CONFERENCE held on 1/18/2006. (Court Reporter Price.) (Price, Jackie) Additional attachment(s) added on 1/19/2006 (Price, Jackie).

Jan. 18, 2006 PACER
62

ORDER granting [60] plaintiffs' motion for court order, plaintiff shall not be executed until further order of this court, hearing on merits set for 2/21/06, possibly going into 2/22/06. Signed by Judge Scott O. Wright on 1-19-2006. (Morse, Judy)

Jan. 19, 2006 PACER
63

NOTICE OF APPEAL by Larry Crawford, James D Purkett. Filing fee $ 255, receipt number 1175618. (Pritchett, Michael)

Jan. 19, 2006 PACER
64

TRANSMISSION of Notice of Appeal and docket sheet to US Court of Appeals re [63] Notice of Appeal (Bax, Laura)

Jan. 20, 2006 PACER
65

TRANSCRIPT of Status Conference held on 1/18/06 before Judge William Knox. Court Reporter: Price. (Price, Jackie) Modified on 7/13/2010 - transcript attached & paper documents purged(Bax, Laura).

Jan. 23, 2006 PACER
85

TRANSCRIPT of Telephone Status Hearing held on 9/7/2005 before Judge William A Knox. Court Reporter: J Russel. (Russel, Jeri) . Modified on 7/13/2010 - Transcript added to event & paper documents purged (Bax, Laura).

Jan. 23, 2006 PACER
66

CERTIFICATE OF SERVICE by Larry Crawford of Mailing "Defendant Crawford's Supplemental Answer to Plaintiffs' Interrogatory No. 6n" filed by Michael Pritchett on behalf of Defendant Larry Crawford.(Pritchett, Michael)

Jan. 24, 2006 PACER
67

SUGGESTIONS in support re [59] Second MOTION for extension of time to file objections to report & recommendations (Supplement) filed by Elizabeth Unger Carlyle on behalf of Intervenor Plaintiff Richard D Clay. (Attachments: # (1))(Related document(s)[59]) (Carlyle, Elizabeth)

Jan. 27, 2006 PACER
68

MOTION to intervene filed byMark G. Arnold on behalf of Reginald Clemons Suggestions in opposition/response due by 2/13/2006 unless otherwise directed by the court (Arnold, Mark)

Jan. 27, 2006 PACER
69

SUGGESTIONS in support re [68] MOTION to intervene filed by Mark G. Arnold on behalf of Intervenor Plaintiff Reginald Clemons. (Related document(s)[68]) (Arnold, Mark)

Jan. 27, 2006 PACER
70

ORDER transferring case to District Judge Fernando J. Gaitan, Jr., Signed by Chief Judge Dean Whipple on 1/30/06. (Diefenbach, Tracy)

Jan. 30, 2006 RECAP
71

MOTION to dismiss party Richard D. Clay filed byElizabeth Unger Carlyle on behalf of Richard D Clay Suggestions in opposition/response due by 2/14/2006 unless otherwise directed by the court (Carlyle, Elizabeth)

Jan. 30, 2006 PACER
72

MOTION to withdraw document [68] MOTION to intervene, [69] Suggestions in Support of Motion to Intervene filed byMark G. Arnold on behalf of Reginald Clemons Suggestions in opposition/response due by 2/14/2006 unless otherwise directed by the court (Related document(s)[68], [69]) (Arnold, Mark)

Jan. 30, 2006 PACER
73

SUGGESTIONS in support re [72] MOTION to withdraw document [68] MOTION to intervene, [69] Suggestions in Support of Motion to Intervene filed by Mark G. Arnold on behalf of Intervenor Plaintiff Reginald Clemons. (Related document(s)[72]) (Arnold, Mark)

Jan. 30, 2006 PACER
74

Minute Entry for proceedings held before Judge Fernando J. Gaitan Jr.: EVIDENTIARY HEARING (conducted via telephone) held on 1/30/2006 - continued to 1/31/06. (Court Reporter Donna Turner.) (Enss, Rhonda)

Jan. 30, 2006 PACER
75

Minute Entry for proceedings held before Judge Fernando J. Gaitan Jr.: EVIDENTIARY HEARING (conducted via telephone) held on 1/31/2006. (Court Reporter Donna Turner.) (Enss, Rhonda)

Jan. 31, 2006 PACER
83

EXHIBIT INDEX by Larry Crawford, James D Purkett, John Does. (Carr, Lori)

Jan. 31, 2006 PACER
76

ORDER that the Court finds that neither the chemicals used by the State of Missouri for lethal injection nor the procedure employed to administer these injections constitutes cruel and unusual punishment. While the plaintiff suggests a different approach to lethal injection, he does not prove that the current method used by Missouri violates the Eighth Amendment to the Constitution. Further the Court is not persuaded that the use of the femoral vein for the administration of the lethal injection violates applicable standards of the Eighth Amendment. The Court also does not find that Missouri physicians who are involved in administering the lethal injections are violating their ethical obligations nor that the procedure is violative of the Thirteenth Amendment. Motions terminated: granting #[72] Reginald Clemons' MOTION to withdraw document. Signed by Judge Fernando J. Gaitan Jr. on 1/31/06. (Enss, Rhonda)

Jan. 31, 2006 RECAP
77

CLERK'S JUDGMENT (Enss, Rhonda).

Jan. 31, 2006 PACER
78

MOTION for leave to appeal in forma pauperis filed byJohn William Simon on behalf of Michael Taylor Suggestions in opposition/response due by 2/15/2006 unless otherwise directed by the court (Simon, John)

Jan. 31, 2006 PACER
79

SUGGESTIONS in support re [78] MOTION for leave to appeal in forma pauperis filed by John William Simon on behalf of Plaintiff Michael Taylor. (Related document(s)[78]) (Simon, John)

Jan. 31, 2006 PACER
80

NOTICE OF APPEAL by Michael Taylor. Filing fee $ 255, receipt number IFP. (Simon, John)

Jan. 31, 2006 PACER
81

ORDER denying #[78] petitioner's motion for leave to appeal in forma pauperis. Signed by Judge Fernando J. Gaitan Jr. on 2/1/06. (Enss, Rhonda)

Feb. 1, 2006 RECAP
82

TRANSMISSION of Notice of Appeal and docket sheet to US Court of Appeals re [80] Notice of Appeal (James, Carrie)

Feb. 1, 2006 PACER
84

ORDER of US COURT OF APPEALS of 1/29/06 (James, Carrie)

Feb. 14, 2006 PACER
86

TRANSCRIPT of Status Conference held on 8/1/05 before Judge William A Knox. Court Reporter: L Bax. (Russel, Jeri) Modified on 7/13/2010 - Transcript added to event & paper documents purged(Bax, Laura).

Feb. 16, 2006 PACER
87

TRANSCRIPT of Status Conference held on 8/18/05 before Judge William A Knox. Court Reporter: L Bax. This is a text entry only - no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (Russel, Jeri)

Feb. 16, 2006 PACER
88

TRANSCRIPT of 10:00 A.M. Teleconference held on January 30, 2006 before Judge Fernando J. Gaitan, Jr. Court Reporter: Donna M. Turner. (Jones, Robin) Modified on 7/13/2010 - Transcript added to event & paper documents purged(Bax, Laura).

April 11, 2006 PACER
89

TRANSCRIPT of 2:30 P.M. Teleconference held on January 30, 2006 before Judge Fernando J. Gaitan, Jr. Court Reporter: Donna M. Turner. (Jones, Robin) Modified on 7/13/2010 - Transcript added to event & paper document purged(Bax, Laura).

April 11, 2006 PACER
90

TRANSCRIPT of 4:00 P.M. Teleconference (Testimony of Dr. Dershwitz & Dr. Groner) held on January 30, 2006 before Judge Fernando J. Gaitan, Jr. Court Reporter: Donna M. Turner. This is a text entry only - no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (Jones, Robin)

April 11, 2006 PACER
91

TRANSCRIPT of Teleconference (Testimony of Dr. Mark Heath and Terry Moore) held on January 31, 2006 before Judge Fernando J. Gaitan, Jr. Court Reporter: Donna M. Turner. This is a text entry only - no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (Jones, Robin)

April 11, 2006 PACER
194

ORDER of US COURT OF APPEALS - The case is remanded with instructions that the hearing be reconvened before Judge Gaitan. (Jones, Robin)

April 27, 2006 PACER
92

ORDER - status Telephone Conference set for 5/1/2006 at 10:00 AM before Fernando Gaitan. Signed by Judge Fernando J. Gaitan Jr. on 4/28/06. (Enss, Rhonda)

April 28, 2006 PACER
93

NOTICE of filing by Michael Taylor of Applications for Admission Pro Haec Vice of Jenner & Block Counsel (Attachments: # (1) Supplement Verilli Application# (2) Supplement Hellman App# (3) Supplement Berger App)(Simon, John)

1 Supplement Verilli Application

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2 Supplement Hellman App

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3 Supplement Berger App

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May 1, 2006 PACER
94

Motion to allow Matthew Hellman to appear pro hac vice (Pro Hac fee $50 receipt number 1255882) filed by John William Simon on behalf of Michael Taylor (Simon, John)

May 1, 2006 PACER
95

Motion to allow Eric Berger to appear pro hac vice (Pro Hac fee $50 receipt number 1255891) filed by John William Simon on behalf of Michael Taylor (Simon, John)

May 1, 2006 PACER
96

Motion to allow Donald Verilli to appear pro hac vice (Pro Hac fee $50 receipt number 1255896) filed by John William Simon on behalf of Michael Taylor (Simon, John)

May 1, 2006 PACER
97

ORDER that parties shall be prepared to discuss with the Court during the 1:30 p.m. conference scheduled for May 2, 2006, a timetable to complete the discovery which the Court has allowed. The parties should note that all discovery is subject to the time limitations imposed by the Eighth Circuit and must be completed within thirty days from the date of the Eighth Circuit's opinion. Signed by Judge Fernando J. Gaitan Jr. on 5/2/06. (Enss, Rhonda)

May 2, 2006 RECAP
98

MOTION for reconsideration re [97] Order, filed by John William Simon on behalf of Michael Taylor Suggestions in opposition/response due by 5/17/2006 unless otherwise directed by the court (Related document(s)[97]) (Simon, John)

May 2, 2006 PACER
99

SUGGESTIONS in opposition re [98] MOTION for reconsideration re [97] Order, filed by Michael Pritchett on behalf of Defendants Larry Crawford, James D Purkett. Reply suggestions due by 5/18/2006 unless otherwise directed by the court (Attachments: # (1) Exhibit # (2) # (3) # (4) Exhibit # (5) # (6) Exhibit # (7) Exhibit # (8) Exhibit # (9))(Related document(s)[98]) (Pritchett, Michael)

1 Exhibit

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4 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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May 3, 2006 PACER
100

REPLY SUGGESTIONS to motion re [98] MOTION for reconsideration re [97] Order, filed by John William Simon on behalf of Plaintiff Michael Taylor. (Related document(s)[98]) (Simon, John)

May 4, 2006 PACER

State / Territory: Missouri

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: July 28, 2005

Closing Date: Feb. 25, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A death-sentenced inmate of the Potosi Correctional Center in Washington County, Missouri.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Missouri Department of Corrections (Washington), 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)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

None

Issues

Death Penalty:

Lethal Injection - General