Case Details

CourtEastern District of Arkansas
Docket number4:12-cv-00710
Date case filed2012-11-13
Date case closed2015-06-22
Date of latest filing
Assigned toChief Judge Brian S. Miller
Case cause28:1983 Civil Rights
Nature of suit440 Civil Rights: Other
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

Party: Billy Garrison
Party type: Plaintiff
Attorney name: Morris W. Thompson
Attorney Contact:
Morris W. Thompson Law Firm, P.A.
Post Office Box 662
Little Rock, AR 72203-0662
501-661-8100
Fax: 501-372-4101
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Michael Cox
Party type: Plaintiff
Attorney name: Morris W. Thompson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Sammy Brewer
Party type: Plaintiff
Attorney name: Morris W. Thompson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Karl Byrd
Party type: Defendant
in his individual and official capacity
Attorney name: Geoffrey Thompson
Attorney Contact:
Rainwater, Holt & Sexton P.A.
Post Office Box 17250
Little Rock, AR 72222-7250
501-868-2948
Fax: 501-868-2505
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Colin P. Wall
Attorney Contact:
Faulkner County Prosecutor's Office
Twentieth Judicial District
Post Office Box 550
Conway, AR 72033
501-450-4927
ATTORNEY TO BE NOTICED
Party: John Randall
Party type: Defendant
individually
Attorney name: Geoffrey Thompson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Colin P. Wall
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Bobby Brown
Party type: Defendant
in his individual and official capacity
Attorney name: Geoffrey Thompson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Colin P. Wall
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Durwin Lasker
Party type: Defendant
individually
Attorney name: Geoffrey Thompson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Colin P. Wall
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Troy Porter
Party type: Defendant
individually
TERMINATED: 04/18/2013
Party: Gary Andrews
Party type: Defendant
individually
Attorney name: Geoffrey Thompson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Colin P. Wall
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Johnny Fowlkes
Party type: Defendant
individually
Attorney name: Geoffrey Thompson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Colin P. Wall
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Kenny Medalin
Party type: Defendant
individually
TERMINATED: 04/18/2013
Party: Ryan Padgett
Party type: Defendant
individually
Attorney name: Geoffrey Thompson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Colin P. Wall
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Edmund Grable
Party type: Defendant
individually
Attorney name: Geoffrey Thompson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Colin P. Wall
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Michael Thomas
Party type: Defendant
individually
Attorney name: Geoffrey Thompson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Colin P. Wall
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Jerry Gross
Party type: Defendant
in his individual and official capacity
Attorney name: Geoffrey Thompson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Colin P. Wall
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Michael Givens
Party type: Defendant
individually
TERMINATED: 04/18/2013
Party: Patricia Winter
Party type: Defendant
individually
Attorney name: Geoffrey Thompson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Colin P. Wall
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Lloyd Vincent
Party type: Defendant
individually
Attorney name: Geoffrey Thompson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Colin P. Wall
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: John Doe
Party type: Defendant
#1 Correctional Officer in his individually and as an Arkansas State Trooper; #2 individually
TERMINATED: 04/18/2013
Party: Edward Young
Party type: Defendant
individually
Attorney name: Geoffrey Thompson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Colin P. Wall
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Tiffany Dycus
Party type: Defendant
Individually
TERMINATED: 04/18/2013

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-11-13 COMPLAINT with Jury Demand against all Defendants filed by Billy Garrison, Michael Cox and Sammy Brewer. Filing fee of $350 paid, receipt #LIT036876. Summons were not issued. (Attachments: # 1 Civil Cover Sheet)(dmn) (Entered: 11/13/2012)
22012-11-16 NOTICE of Related Case by Sammy Brewer, Michael Cox, Billy Garrison; Case Number 4:10cv02042 (Thompson, Morris) (Entered: 11/16/2012)
32012-11-19 ORDER REASSIGNING CASE to Chief Judge Brian S. Miller for all further proceedings. Judge James M. Moody no longer assigned to case. Granting 2 NOTICE of Related Case. DOC Moody on 11/19/2012. (mar) (Entered: 11/19/2012)
42012-12-05 ORDER REFERRING CASE to Magistrate Judge J. Thomas Ray. Signed by Chief Judge Brian S. Miller on 12/5/2012. (kdr) (Entered: 12/05/2012)
52012-12-14 NOTICE of Appearance by Geoffrey Thompson on behalf of Gary Andrews, Bobby Brown, Karl Byrd, Johnny Fowlkes, Edmund Grable, Jerry Gross, Durwin Lasker, Ryan Padgett, John Randall, Michael Thomas, Lloyd Vincent, Patricia Winter, Edward Young (Thompson, Geoffrey) (Entered: 12/14/2012)
62012-12-14 ANSWER to 1 Complaint with Jury Demand by Gary Andrews, Bobby Brown, Karl Byrd, Johnny Fowlkes, Edmund Grable, Jerry Gross, Durwin Lasker, Ryan Padgett, John Randall, Lloyd Vincent, Patricia Winter, Edward Young.(Thompson, Geoffrey) (Entered: 12/14/2012)
72012-12-21 SUMMONS Returned Executed by Billy Garrison, Michael Cox, Sammy Brewer. Jerry Gross served on 11/26/2012. (Thompson, Morris) (Entered: 12/21/2012)
82012-12-21 SUMMONS Returned Executed by Billy Garrison, Michael Cox, Sammy Brewer. Karl Byrd served on 11/26/2012. (Thompson, Morris) (Entered: 12/21/2012)
92012-12-21 SUMMONS Returned Executed by Billy Garrison, Michael Cox, Sammy Brewer. Michael Thomas served on 11/26/2012. (Thompson, Morris) (Entered: 12/21/2012)
102012-12-21 SUMMONS Returned Executed by Billy Garrison, Michael Cox, Sammy Brewer. John Randall served on 11/19/2012. (Thompson, Morris) (Entered: 12/21/2012)
112012-12-21 SUMMONS Returned Executed by Billy Garrison, Michael Cox, Sammy Brewer. Johnny Fowlkes served on 11/21/2012. (Thompson, Morris) (Entered: 12/21/2012)
122012-12-21 SUMMONS Returned Executed by Billy Garrison, Michael Cox, Sammy Brewer. Lloyd Vincent served on 11/26/2012. (Thompson, Morris) (Entered: 12/21/2012)
132012-12-21 SUMMONS Returned Executed by Billy Garrison, Michael Cox, Sammy Brewer. Edward Young served on 11/26/2012. (Thompson, Morris) (Entered: 12/21/2012)
142012-12-21 SUMMONS Returned Executed by Billy Garrison, Michael Cox, Sammy Brewer. Gary Andrews served on 11/26/2012. (Thompson, Morris) (Entered: 12/21/2012)
152012-12-21 SUMMONS Returned Executed by Billy Garrison, Michael Cox, Sammy Brewer. Bobby Brown served on 11/26/2012. (Thompson, Morris) (Entered: 12/21/2012)
162012-12-21 SUMMONS Returned Executed by Billy Garrison, Michael Cox, Sammy Brewer. Durwin Lasker served on 11/26/2012. (Thompson, Morris) (Entered: 12/21/2012)
172012-12-21 SUMMONS Returned Executed by Billy Garrison, Michael Cox, Sammy Brewer. Edmund Grable served on 11/26/2012. (Thompson, Morris) (Entered: 12/21/2012)
182012-12-21 SUMMONS Returned Executed by Billy Garrison, Michael Cox, Sammy Brewer. Ryan Padgett served on 11/28/2012. (Thompson, Morris) (Entered: 12/21/2012)
192012-12-21 Deficiency Letter from Clerk of Court notifying party that 18 Summons Returned Executed Lacks Proof of Service. (jak) (Entered: 12/21/2012)
202013-02-12 INITIAL SCHEDULING ORDER: pltfs must serve defts Porter, Medalin, Givens, Dycus, and Does on or before 3/13/13; Discovery due by 6/5/2013; Dispositive Motions due by 7/5/2013. Signed by Magistrate Judge J. Thomas Ray on 2/12/13. (vjt) (Entered: 02/12/2013)
212013-02-22 MOTION to Extend Time to Serve Defendants by Sammy Brewer, Michael Cox, Billy Garrison (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Thompson, Morris) (Entered: 02/22/2013)
222013-03-05 MOTION to Extend Time to Serve Defendants by All Plaintiffs (Attachments: # 1 Exhibit A)(Thompson, Morris) (Entered: 03/05/2013)
232013-03-07 ORDER granting 21 22 Plaintiffs' Motions for an Extension of Time; and directing Plaintiffs to serve Defendants Porter, Medalin, Givens, Dycus and Does on or before 4/15/2013. Signed by Magistrate Judge J. Thomas Ray on 3/7/2013. (kdr) (Entered: 03/07/2013)
242013-04-18 ORDER dismissing, without prejudice, defendants Troy Porter, Kenny Medalin, Michael Givens, Tiffany Dycus, and John Doe. It is certified pursuant to 28 U.S.C. ยง 1915(a)(3), that an in forma pauperis appeal from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 4/18/2013. (kdr) (Entered: 04/18/2013)
252013-05-01 MOTION to Compel by All Plaintiffs (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Thompson, Morris) (Entered: 05/01/2013)
262013-05-06 Joint MOTION for Protective Order by Gary Andrews, Sammy Brewer, Bobby Brown, Karl Byrd, Michael Cox, Johnny Fowlkes, Billy Garrison, Edmund Grable, Jerry Gross, Durwin Lasker, Ryan Padgett, John Randall, Michael Thomas, Lloyd Vincent, Patricia Winter, Edward Young (Wall, Colin) (Entered: 05/06/2013)
272013-05-10 PROTECTIVE ORDER. Signed by Chief Judge Brian S. Miller on 5/10/2013. (kdr) (Entered: 05/10/2013)
282013-06-03 RESPONSE to Motion re 25 MOTION to Compel filed by Gary Andrews, Bobby Brown, Karl Byrd, Johnny Fowlkes, Edmund Grable, Jerry Gross, Durwin Lasker, Ryan Padgett, John Randall, Michael Thomas, Lloyd Vincent, Patricia Winter, Edward Young. (Thompson, Geoffrey) (Entered: 06/03/2013)
292013-06-04 ORDER denying, as moot 25 Plaintiff's Motion to Compel. Signed by Magistrate Judge J. Thomas Ray on 06/04/2013. (kcs) (Entered: 06/04/2013)
302013-06-17 Joint MOTION for Extension of Time to Complete Discovery and Submit Dispositive Motions by Sammy Brewer, Michael Cox, Billy Garrison (Thompson, Morris) (Entered: 06/17/2013)
312013-06-25 ORDER granting 30 Joint Motion for Extension of Time. The parties must complete discovery on or before 8/23/2013 and file any dispositive motions on or before 9/23/2013. Signed by Magistrate Judge J. Thomas Ray on 06/25/2013. (kcs) (Entered: 06/25/2013)
322013-09-23 MOTION for Extension of Time to File Dispositive Motion by Gary Andrews, Bobby Brown, Karl Byrd, Johnny Fowlkes, Edmund Grable, Jerry Gross, Durwin Lasker, Ryan Padgett,John Randall, Michael Thomas, Lloyd Vincent, Patricia Winter, Edward Young (Thompson, Geoffrey) (Docket entry modified on 9/24/2013 to correct the party filers.) (thd). (Entered: 09/23/2013)
332013-09-24 NOTICE OF DOCKET CORRECTION re: 32 MOTION for Extension of Time. CORRECTION: The docket entry was modified to correct the party filers, based on the attached request, and Geoffrey Thompson was removed from the docket as counsel for terminated parties.(thd) (Entered: 09/24/2013)
342013-10-04 MOTION for Summary Judgment by Gary Andrews, Bobby Brown, Karl Byrd, Johnny Fowlkes, Edmund Grable, Jerry Gross, Durwin Lasker, Ryan Padgett, John Randall, Michael Thomas, Lloyd Vincent, Patricia Winter, Edward Young (Thompson, Geoffrey) (Entered: 10/04/2013)
352013-10-04 BRIEF IN SUPPORT re 34 Motion for Summary Judgment filed by Gary Andrews, Bobby Brown, Karl Byrd, Johnny Fowlkes, Edmund Grable, Jerry Gross, Durwin Lasker, Ryan Padgett, John Randall, Michael Thomas, Lloyd Vincent, Patricia Winter, Edward Young. (Thompson, Geoffrey) (Entered: 10/04/2013)
362013-10-04 STATEMENT OF FACTS (Local Rule 56.1) re 34 Motion for Summary Judgment, 35 Brief in Support, filed by Gary Andrews, Bobby Brown, Karl Byrd, Johnny Fowlkes, Edmund Grable, Jerry Gross, Durwin Lasker, Ryan Padgett, John Randall, Michael Thomas, Lloyd Vincent, Patricia Winter, Edward Young. (Attachments: # 1 Exhibit Affidavit of Major John Randall, # 2 Exhibit Affidavit of Karl Byrd)(Thompson, Geoffrey) (Entered: 10/04/2013)
372013-10-07 ORDER granting 32 Defendants' Motion for Extension of Time to File dispositive motions nunc pro tunc; therefore the Defendants' Motion for Summary Judgment 34 is deemed timely filed. Signed by Magistrate Judge J. Thomas Ray on 10/07/2013. (kcs) (Entered: 10/07/2013)
382013-10-15 MOTION for Extension of Time to File Response/Reply as to 34 MOTION for Summary Judgment by All Plaintiffs (Thompson, Morris) (Entered: 10/15/2013)
392013-10-18 ORDER granting 38 Plaintiffs' Motion for Extension of Time to File Response/Reply to 34 Defendants' MOTION for Summary Judgment. Plaintiffs' must file their Response on or before 10/31/2013. Signed by Magistrate Judge J. Thomas Ray on 10/18/2013. (kcs) (Entered: 10/18/2013)
402013-10-18 RESPONSE to Motion re 34 MOTION for Summary Judgment filed by Sammy Brewer, Michael Cox, Billy Garrison. (Attachments: EXHIBITS FILED IN ERROR - DISREGARD). (Docket text modified on 10/21/2013 to indicate the exhibits were filed in error). (jak) (Entered: 10/18/2013)
412013-10-21 NOTICE by Sammy Brewer, Michael Cox, Billy Garrison re 40 Response to Motion, Statement of Indisputable Facts (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Thompson, Morris) (Entered: 10/21/2013)
422013-10-21 NOTICE OF DOCKET CORRECTION re 40 Response to Motion. CORRECTION: The docket entry was modified to indicate the exhibits to docket entry 40 were filed in error based on the attached correspondence. (jak) (Entered: 10/21/2013)
432013-10-25 REPLY to Response to Motion re 34 MOTION for Summary Judgment filed by Gary Andrews, Bobby Brown, Karl Byrd, Johnny Fowlkes, Edmund Grable, Jerry Gross, Durwin Lasker, Ryan Padgett, John Randall, Michael Thomas, Lloyd Vincent, Patricia Winter, Edward Young. (Thompson, Geoffrey) (Entered: 10/25/2013)
442014-07-16 ORDER granting in part and denying in part 34 Defendants motion for summary judgment. Signed by Chief Judge Brian S. Miller on 7/16/2014. (kdr) (Entered: 07/16/2014)
452014-12-12 FINAL SCHEDULING ORDER: Jury Trial set for sometime during the week of 8/3/2015 09:30 AM in Little Rock Courtroom #2D before Chief Judge Brian S. Miller. Motions in limine are due by 7/24/2015. Pretrial Disclosure Sheet due by 7/6/2015. Status Report due by 4/6/2015. Signed at the Direction of the Court on 12/12/14. (bmt) (Additional attachment(s) added on 12/12/2014: # 1 Main Document - Correct and docket text modified to correct the trial date.) (thd). (Entered: 12/12/2014)
462014-12-12 NOTICE OF DOCKET CORRECTION re: 45 Final Scheduling Order. CORRECTION: The original document contained a clerical error in the trial date. The correct document was added as an attachment to docket entry 45 and is attached hereto for service on the parties. The docket text was modified to correct the Jury Trial setting to some time during the week of 8/3/2015. (thd) (Entered: 12/12/2014)
472015-04-06 STATUS REPORT by Gary Andrews, Bobby Brown, Karl Byrd, Johnny Fowlkes, Edmund Grable, Jerry Gross, Durwin Lasker, Ryan Padgett, John Randall, Michael Thomas, Lloyd Vincent, Patricia Winter, Edward Young. (Thompson, Geoffrey) (Entered: 04/06/2015)
482015-04-07 STATUS REPORT by Sammy Brewer, Michael Cox, Billy Garrison. (Thompson, Morris) (Entered: 04/07/2015)
492015-06-19 MOTION for Order MOTION FOR VOLUNTARY NONSUIT by Sammy Brewer, Michael Cox, Billy Garrison (Thompson, Morris) (Entered: 06/19/2015)
502015-06-22 ORDER: Pursuant to 49 the motion for voluntary dismissal filed by plaintiffs Billy Garrison, Michael Fox, and Sammy Brewer, this case is hereby dismissed without prejudice. Signed by Chief Judge Brian S. Miller on 6/22/2015. (kdr) (Entered: 06/22/2015)
512015-06-22 JUDGMENT: Consistent with 50 the Order entered on this day, this case is hereby dismissed without prejudice. Signed by Chief Judge Brian S. Miller on 6/22/2015. (kdr) (Entered: 06/22/2015)