Case Details

CourtWestern District of Arkansas
Docket number1:13-cv-01023
Date case filed2013-03-07
Date case closed
Date of latest filing
Assigned toHonorable Susan O. Hickey
Case cause42:1983 Prisoner Civil Rights
Nature of suit555 Prisoner Petitions - Prison Conditions
Jury demandDefendant
Demand
JurisdictionFederal Question

Case Parties

Party: Ivie Lee Harris, Jr.
Party type: Plaintiff
Attorney name: Ivie Lee Harris, Jr.
Attorney Contact:
303 Broadway Street
Fordyce, AR 71742
PRO SE
Party: David Norwood
Party type: Defendant
Sheriff, Ouachita County
Attorney name: Geoffrey Thompson
Attorney Contact:
Rainwater, Holt & Sexton
P.O. Box 17250
Little Rock, AR 72222
(501) 868-2500
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joshua D. Standerfer
Attorney Contact:
Rainwater, Holt & Sexton
P.O. Box 17250
Little Rock, AR 72222
501-868-2500
Fax: 501-868-2505
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Kaylen Suzanne Lewis
Attorney Contact:
Rainwater Holt Sexton PA
P.O. Box 17250
801 Technology Drive
Little Rock, AR 72222
(501) 868-2982
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: James Bolton
Party type: Defendant
Lieutenant, Ouachita County
Attorney name: Geoffrey Thompson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joshua D. Standerfer
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Kaylen Suzanne Lewis
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Douglas Wood
Party type: Defendant
Jailer, Ouachita County
Attorney name: Geoffrey Thompson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joshua D. Standerfer
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Kaylen Suzanne Lewis
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Andrew Tolleson
Party type: Defendant
Jailer, Ouachita County
Attorney name: Geoffrey Thompson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joshua D. Standerfer
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Kaylen Suzanne Lewis
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Anthony Grummer
Party type: Defendant
Jailer, Ouachita County
Attorney name: Geoffrey Thompson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joshua D. Standerfer
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Kaylen Suzanne Lewis
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Officer Lindsey
Party type: Defendant
Attorney name: Geoffrey Thompson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joshua D. Standerfer
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Kaylen Suzanne Lewis
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-03-07 COMPLAINT REFERRED (42:1983) against James Bolton, Anthony Grummer, David Norwood, Andrew Tolleson, Douglas Wood, filed by Ivie Lee Harris, Jr.(cnn) (Entered: 03/07/2013)
22013-03-07 APPLICATION to Proceed In Forma Pauperis by Plaintiff Ivie Lee Harris, Jr. (cnn) (Entered: 03/07/2013)
32013-03-07 ORDER Granting IFP, directing Clerk to assess $350.00 filing fee and collect funds from Prison Account of Ivie Lee Harris, Jr.. Signed by Honorable Barry A. Bryant on March 7, 2013. (cnn) (Entered: 03/07/2013)
42013-03-07 Magistrate Notice/Consent Furnished (cnn) (Entered: 03/07/2013)
52013-03-07 CLERK'S ORDER re PLRA Fee directing Ouachita County Jail to collect from petitioner's prison account monthly payments in amount equal to 20% of preceding month's income credited to account until $ 350.00 filing fee is paid in full. (cnn) (Entered: 03/07/2013)
62013-03-20 MOTION to Supplement 1 Complaint Referred (42:1983) by Ivie Lee Harris, Jr. Motions referred to Barry A. Bryant.(cnn) (Entered: 03/20/2013)
72013-04-04 ORDER directing the clerk to Change the Address of Ivie Lee Harris, Jr. to Dallas County Jail. There are no documents to resend. Signed by Honorable Barry A. Bryant on April 4, 2013. (Attachments: # 1 Notice of Address Change)(tg) (Entered: 04/04/2013)
82013-05-09 Order directing the Plaintiff to complete, sign and return the attached Addendum to the 1 Complaint Referred (42:1983) by 5/29/13. Signed by Honorable Barry A. Bryant on May 9, 2013. (cap) (Entered: 05/09/2013)
92013-05-30 ADDENDUM by Ivie Lee Harris, Jr to 1 Complaint Referred (42:1983). (cap) (Entered: 05/30/2013)
102013-06-19 ORDER directing the clerk to Change the Address of Ivie L. Harris, Jr.. Documents previously returned to be resent including 9 Addendum. Signed by Honorable Barry A. Bryant on June 18, 2013. (cnn) (Entered: 06/19/2013)
112013-06-20 REPORT AND RECOMMENDATIONS re 1 Complaint Referred (42:1983) filed by Ivie Lee Harris, Jr. Objections to R&R due by 7/8/2013. Signed by Honorable Barry A. Bryant on June 20, 2013. (adw) (Entered: 06/20/2013)
122013-06-20 ORDER DIRECTING THE MARSHALS SERVICE TO SERVE James Bolton, Anthony Grummer, Officer Lindsey, David Norwood, Andrew Tolleson, Douglas Wood and granting 21 days to answer. Signed by Honorable Barry A. Bryant on June 20, 2013. (adw) (Entered: 06/20/2013)
132013-06-20 Summons Issued as to James Bolton, Anthony Grummer, Officer Lindsey, David Norwood, Andrew Tolleson, Douglas Wood and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re 9 Addendum, 12 Order Directing Service, 1 Complaint Referred (42:1983), Magistrate Consent Notice. (adw) (Entered: 06/20/2013)
142013-07-11 ORDER ADOPTING REPORT AND RECOMMENDATIONS re 11 Report and Recommendations; claims against Sheriff Tommy Stringfellow, Charlie Stills and Ms Cones are dismissed without prejudice. Signed by Honorable Susan O. Hickey on July 11, 2013. (cnn) (Entered: 07/11/2013)
152013-07-17 SUMMONS Returned Executed by Ivie Lee Harris, Jr. James Bolton, Anthony Grummer, Officer Lindsey, David Norwood, Andrew Tolleson, Douglas Wood all served on 7/9/2013, answer(s) due 7/30/2013. (cnn) (Entered: 07/17/2013)
162013-07-25 ANSWER to 1 Complaint Referred (42:1983) with Jury Demand by James Bolton, Anthony Grummer, Lindsey, David Norwood, Andrew Tolleson, Douglas Wood.(Thompson, Geoffrey) (Entered: 07/25/2013)
172013-10-08 Order directing the Defendants to file a motion for Summary Judgment on or before 2/3/14. Signed by Honorable Barry A. Bryant on October 8, 2013. (cnn) (Entered: 10/08/2013)
182013-10-11 MOTION to Compel Discovery Responses by James Bolton, Anthony Grummer, Lindsey, David Norwood, Andrew Tolleson, Douglas Wood. (Attachments: # 1 Exhibit Plaintiff ltr enc discovery, # 2 Exhibit Plaintiff ltr re past due discovery)Motions referred to Barry A. Bryant.(Thompson, Geoffrey) (Entered: 10/11/2013)
192013-10-11 MEMORANDUM BRIEF in Support of 18 MOTION to Compel Discovery Responses by James Bolton, Anthony Grummer, Lindsey, David Norwood, Andrew Tolleson, Douglas Wood. (Thompson, Geoffrey) (Entered: 10/11/2013)
202013-10-16 ORDER denying as moot 6 Motion to Supplement Complaint. Signed by Honorable Barry A. Bryant on October 16, 2013. (cnn) (Entered: 10/16/2013)
212014-02-03 MOTION for Extension of Time to File Motion for Summary Judgment by James Bolton, Anthony Grummer, Lindsey, David Norwood, Andrew Tolleson, Douglas Wood. Motions referred to Barry A. Bryant.(Thompson, Geoffrey) (Entered: 02/03/2014)
222014-04-21 ORDER granting 18 Motion to Compel. Signed by Honorable Barry A. Bryant on April 21, 2014. (cnn) (Entered: 04/21/2014)
232014-05-13 MOTION to Dismiss Due to Plaintiff's Failure to Comply with Court Order by James Bolton, Anthony Grummer, Lindsey, David Norwood, Andrew Tolleson, Douglas Wood. Motions referred to Barry A. Bryant.(Thompson, Geoffrey) (Entered: 05/13/2014)
242014-05-13 MEMORANDUM BRIEF in Support of 23 MOTION to Dismiss Due to Plaintiff's Failure to Comply with Court Order by James Bolton, Anthony Grummer, Lindsey, David Norwood, Andrew Tolleson, Douglas Wood. (Thompson, Geoffrey) (Entered: 05/13/2014)
252014-09-09 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Ivie Lee Harris, Jr re 3 Order Granting IFP and Directing Prisoner Payment 5 Clerk's Order PLRA Fee (request for additional 42:1983 forms - mailed 9/9/14) (cnn) (Entered: 09/09/2014)
262014-09-29 ORDER directing the clerk to Change the Address of Ivie Lee Harris, Jr. There are no documents to resend. Signed by Honorable Barry A. Bryant on September 29, 2014. (Attachments: # 1 Exhibit Letter)(cnn) (Entered: 09/29/2014)
272015-01-20 ORDER TO SHOW CAUSE - Show Cause Response due by 2/9/2015.. Signed by Honorable Barry A. Bryant on January 20, 2015. (cnn) (Entered: 01/20/2015)
282015-02-06 MOTION for Order to Show Cause by Ivie Lee Harris, Jr. (lw) (Entered: 02/06/2015)
292015-02-18 ORDER denying as moot 23 Motion to Dismiss; defendants directed to resend discovery requests and plaintiff given 30 days to respond. Signed by Honorable Barry A. Bryant on February 18, 2015. (cnn) (Entered: 02/18/2015)
302015-03-12 First MOTION to Take Deposition from Ivie Lee Harris, Jr. by James Bolton, Anthony Grummer, Lindsey, David Norwood, Andrew Tolleson, Douglas Wood. Motions referred to Barry A. Bryant.(Thompson, Geoffrey) (Entered: 03/12/2015)
312015-03-18 ORDER granting 30 Motion to Take Deposition from Ivie Lee Harris, Jr.; clerk is directed to provide copy to Assist. Warden, ADC - NORTH CENTRAL UNIT; defendants directed to file motion for summary judgment by 5/18/15. Signed by Honorable Barry A. Bryant on March 18, 2015. (cnn) (Entered: 03/18/2015)
322015-03-27 ORDER directing the clerk to Change the Address of Ivie Harris. There are no documents to resend. Signed by Honorable Barry A. Bryant on March 27, 2015. (Attachments: # 1 Exhibit Notice)(cnn) (Entered: 03/27/2015)
332015-04-02 ORDER re 25 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Ivie Lee Harris, Jr; construed as objections, court's previous ruling 14 stands. Signed by Honorable Susan O. Hickey on April 1, 2015. (cnn) Modified on 4/3/2015 to edit signature date (mfr). (Entered: 04/02/2015)
342015-05-13 MOTION for Extension of Time to File Motion for Summary Judgment by James Bolton, Anthony Grummer, Lindsey, David Norwood, Andrew Tolleson, Douglas Wood. Motions referred to Barry A. Bryant.(Thompson, Geoffrey) (Entered: 05/13/2015)
352015-05-14 ORDER granting 34 Motion for Extension of Time to File; ( Summary Judgment Motion due by 6/2/2015). Signed by Honorable Barry A. Bryant on May 14, 2015. (cnn) (Entered: 05/14/2015)
362015-06-02 Second MOTION for Extension of Time to File Motion for Summary Judgment by James Bolton, Anthony Grummer, Lindsey, David Norwood, Andrew Tolleson, Douglas Wood. Motions referred to Barry A. Bryant.(Thompson, Geoffrey) (Entered: 06/02/2015)
372015-06-02 ORDER granting 36 Motion for Extension of Time to File motion; ( Summary Judgment Motion due by 6/5/2015). Signed by Honorable Barry A. Bryant on June 2, 2015. (cnn) (Entered: 06/02/2015)
382015-06-05 MOTION for Summary Judgment by James Bolton, Anthony Grummer, Lindsey, David Norwood, Andrew Tolleson, Douglas Wood. Motions referred to Barry A. Bryant.(Thompson, Geoffrey) Modified on 10/5/2016 (cnn) - Motion reopened per BAB see 61 Mandate USCA Modified on 10/5/2016 (cnn). (Entered: 06/05/2015)
392015-06-05 MEMORANDUM BRIEF in Support of 38 MOTION for Summary Judgment by James Bolton, Anthony Grummer, Lindsey, David Norwood, Andrew Tolleson, Douglas Wood. (Thompson, Geoffrey) (Entered: 06/05/2015)
402015-06-05 STATEMENT OF FACTS in support of 38 MOTION for Summary Judgment by James Bolton, Anthony Grummer, Lindsey, David Norwood, Andrew Tolleson, Douglas Wood. (Attachments: # 1 Exhibit No. A - Affidavit of Nathan Greeley, # 2 Exhibit No.A1 - Booking file, # 3 Exhibit No. A2 - Grievance Procedure, # 4 Exhibit No. A3 - Sick Call Policy, # 5 Exhibit No. A4 - Inmate Rights, # 6 Exhibit No. B - Plaintiff's Deposition)(Thompson, Geoffrey) (Entered: 06/05/2015)
412015-06-16 ORDER Setting/Resetting Hearings: Motion for Summary Judgment Hearing set for WEDNESDAY, 9/16/2015 01:00 PM in El Dorado -- 2nd flr before Honorable Barry A. Bryant. A copy of this order has been mailed to plaintiff. Signed by Honorable Barry A. Bryant on June 16, 2015. (dkg) (Entered: 06/16/2015)
422015-08-11 VIDEO CONFERENCING ORDER setting case for a/an Hearing regarding a motion for summary judgment to be conducted on 9/16/15 @ 1:00pm Parties are to submit numbered/labeled exhibits and witness list to the Court no later than 10 days prior to the hearing date. (Copies of this Order to be delivered to Warden - Arkansas Department of Correction-Grimes Unit.) See Order for additional information. Signed by Honorable Barry A. Bryant on August 11, 2015. (cnn) (Entered: 08/11/2015)
432015-08-31 ORDER for Writ of Habeas Corpus Ad Testificandum as to IVIE LEE HARRIS, JR. returnable by SEPTEMBER 16, 2015. Signed by Honorable Barry A. Bryant on August 31, 2015. (dkg) (Entered: 08/31/2015)
442015-08-31 THE DOCUMENT IS RESTRICTED TO COURT USERS. Writ of Habeas Corpus ad Testificandum Issued as to IVIE LEE HARRIS, JR. to appear in El Dorado, Arkansas on SEPTEMBER 16, 2015. Original writ mailed to Warden with copies to ADC Transport and USMS. (dkg) (Entered: 08/31/2015)
452015-09-10 NOTICE of Appearance by Joshua D. Standerfer on behalf of James Bolton, Anthony Grummer, Lindsey, David Norwood, Andrew Tolleson, Douglas Wood. (Standerfer, Joshua) (Entered: 09/10/2015)
462015-09-16 Minute Entry for proceedings held before Honorable Barry A. Bryant: Motion for Summary Judgment Hearing held on 9/16/2015. (Danita Gallagher-Digital Recorder)(Proceedings held in Texarkana-3rd Flr-AR side) (dkg) (Entered: 09/23/2015)
472015-10-01 ORDER directing the clerk to Change the Address of Ivie Harris. There are no documents to resend. Signed by Honorable Barry A. Bryant on October 1, 2015. (Attachments: # 1 Exhibit Notice address change)(cnn) (Entered: 10/01/2015)
482015-10-27 FINAL SCHEDULING ORDER: Jury Trial set for 3/7/2016 @ 09:00 AM in El Dorado -- 2nd flr before Honorable Susan O. Hickey. Seen Order for specifics. Signed by Honorable Susan O. Hickey on October 27, 2015. (cc: U.S. Marshals Service-Certified).(rwg) (Entered: 10/27/2015)
492015-10-29 AMEDED FINAL SCHEDULING ORDER: Jury Trial set for 3/7/2016 09:00 AM in El Dorado -- 2nd flr before Honorable Susan O. Hickey. See Order for specifics. (Order amended to include attachments.) Signed by Honorable Susan O. Hickey on October 29, 2015. (cc: U.S. Marshals Service-Certified).(rwg) (Entered: 10/29/2015)
502015-11-18 REPORT AND RECOMMENDATIONS re 38 MOTION for Summary Judgment filed by Andrew Tolleson, James Bolton, Anthony Grummer, Douglas Wood, David Norwood, Lindsey; Objections to R&R due by 12/7/2015. Signed by Honorable Barry A. Bryant on November 18, 2015. (cnn) (Entered: 11/18/2015)
512015-12-21 ORDER adopting Report and Recommendations re 50 . Plaintiff's Complaint is dismissed. Signed by Honorable Susan O. Hickey on December 21, 2015. (mll) (Entered: 12/21/2015)
522016-02-02 NOTICE OF APPEAL as to 51 Order on Report and Recommendations by Ivie Lee Harris, Jr. ( cc via CM/ECF: Geoffrey Thompson and Joshua Standerfer, via U.S. Postal Service: Ivie Lee Harris, Jr. ) (Attachments: # 1 Exhibit Letter-8USCA)(cnn) (Entered: 02/08/2016)
532016-03-08 MOTION for Leave to Appeal in forma pauperis by Ivie Lee Harris, Jr. (cnn) (Entered: 03/08/2016)
542016-03-08 ORDER granting 53 Motion for Leave to Appeal in forma pauperis. Pursuant to the provisions of the Prison Litigation Reform Act, the Clerk is directed to collect the appellate filing fee $505.00 from Plaintiff. Signed by Honorable Barry A. Bryant on March 8, 2016. (cnn) (Entered: 03/08/2016)
552016-03-08 NOA SUPPLEMENT FORM re 52 Notice of Appeal filed by Ivie Lee Harris, Jr.. (cnn) (Entered: 03/08/2016)
562016-03-09 CLERK'S ORDER re PLRA Fee directing ADC-North Central Unit to collect from petitioner's prison account monthly payments in amount equal to 20% of preceding month's income credited to account until $ 505.00 filing fee is paid in full (cc: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction). (cnn) (Entered: 03/09/2016)
572016-03-10 USCA Case Number 16-1610, 8th Circuit Court of Appeals for 52 Notice of Appeal filed by Ivie Lee Harris, Jr. (cnn) (Entered: 03/10/2016)
582016-03-10 ORDER of USCA requesting any portions of the original record which are not available in an electronic format through PACER be submitted within 10 days. There are no documents to send. (cnn) (Entered: 03/10/2016)
592016-03-14 NOTICE of Change of Address for Ivie Harris. There are no documents to resend. (copy of docket sheet mailed) (cnn) (Entered: 03/14/2016)
602016-05-19 NOTICE of Appearance by Kaylen Suzanne Lewis on behalf of James Bolton, Anthony Grummer, Lindsey, David Norwood, Andrew Tolleson, Douglas Wood. (Lewis, Kaylen) (Entered: 05/19/2016)
612016-07-25 MANDATE of USCA reversing district court decision as to 52 Notice of Appeal filed by Ivie Lee Harris, Jr. (Attachments: # 1 Exhibit 8USCA-Opinion, # 2 Exhibit 8USCA-Judgment)(cnn) (Entered: 07/25/2016)
622016-10-06 ORDER DIRECTING that a/an supplement to motion for summary judgment be filed by 11/21/16 and the plaintiff's response is due 12/21/16. Signed by Honorable Barry A. Bryant on October 6, 2016. (cnn) (Entered: 10/06/2016)
632016-11-16 MOTION for Extension of Time to File Supplement to Motion for Summary Judgment by James Bolton, Anthony Grummer, Lindsey, David Norwood, Andrew Tolleson, Douglas Wood. Motions referred to Barry A. Bryant.(Lewis, Kaylen) (Entered: 11/16/2016)
642016-11-17 ORDER granting 63 Motion for Extension of Time to File a supplement to motion for summary judgment; see order for specifics. Signed by Honorable Barry A. Bryant on November 17, 2016. (cnn) (Entered: 11/17/2016)
652016-12-20 Supplemental MOTION for Summary Judgment by James Bolton, Anthony Grummer, Lindsey, David Norwood, Andrew Tolleson, Douglas Wood. Motions referred to Barry A. Bryant.(Lewis, Kaylen) (Entered: 12/20/2016)
662016-12-20 MEMORANDUM BRIEF in Support of 65 Supplemental MOTION for Summary Judgment by James Bolton, Anthony Grummer, Lindsey, David Norwood, Andrew Tolleson, Douglas Wood. (Lewis, Kaylen) (Entered: 12/20/2016)
672016-12-20 STATEMENT OF FACTS in support of 65 Supplemental MOTION for Summary Judgment by James Bolton, Anthony Grummer, Lindsey, David Norwood, Andrew Tolleson, Douglas Wood. (Attachments: # 1 Exhibit No. 1 - Affidavit of James Bolton)(Lewis, Kaylen) (Entered: 12/20/2016)
682016-12-22 ORDER DIRECTING that a/an Summary Judgment Response be filed. Response to Supplemental Motion for Summary Judgment due by 1/13/2017. Signed by Honorable Barry A. Bryant on December 22, 2016. (cnn) (Entered: 12/22/2016)
692017-01-04 RESPONSE to Motion re 65 Supplemental MOTION for Summary Judgment filed by Ivie Lee Harris, Jr. (cnn) (Entered: 01/04/2017)
702017-01-12 REPORT AND RECOMMENDATIONS re 38 MOTION for Summary Judgment and 65 Supplemental MOTION for Summary Judgment filed by Andrew Tolleson, James Bolton, Anthony Grummer, Douglas Wood, David Norwood, Lindsey; Objections to R&R due by 1/30/2017. Signed by Honorable Barry A. Bryant on January 12, 2017. (cnn) (Entered: 01/12/2017)
712017-02-06 ORDER ADOPTING REPORT AND RECOMMENDATIONS re 70 ; granting and denying in parts 38 Motion for Summary Judgment and 65 Supplemental Motion for Summary Judgment. Signed by Honorable Susan O. Hickey on February 6, 2017. (cnn) (Entered: 02/06/2017)
722017-05-17 FINAL SCHEDULING ORDER: Jury Trial set for the week of 2/12/2018 @ 09:00 AM in El Dorado -- 2nd flr before Honorable Susan O. Hickey. See Order for specifics Signed by Honorable Susan O. Hickey on May 17, 2017. (rwg) (Entered: 05/17/2017)