Case Details

CourtSouthern District of Illinois
Docket number3:06-cv-00670
Date case filed2006-09-12
Date case closed2008-01-29
Date of latest filing
Assigned toChief Judge David R Herndon
Case cause42:1983 Civil Rights Act
Nature of suit440 Civil Rights: Other
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Bessie Mae Burgess
Party type: Plaintiff
Attorney name: Bruce A. Carr
Attorney Contact:
Schoen, Walton, et al LLC
412 Missouri Avenue
East St. Louis, IL 62201-3016
618-274-0434
Fax: 618-274-8369
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Alton Police Department
Party type: Defendant
TERMINATED: 10/12/2006
Party: Madison County States Attorney Office
Party type: Defendant
TERMINATED: 10/12/2006
Party: City of Alton
Party type: Defendant
Attorney name: Christine M. McClimans
Attorney Contact:
Schrempf, Kelly, et al.
307 Henry Street
Suite 415, P.O. Box 725
Alton, IL 62002
618-465-2311
Fax: 618-465-2318
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Donald E. Sandridge
Party type: Defendant
In their Individual and Official Capacities
Attorney name: Christine M. McClimans
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Chris Sullivan
Party type: Defendant
In their Individual and Official Capacities
Attorney name: Christine M. McClimans
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Roger West
Party type: Defendant
In their Individual and Official Capacities
Attorney name: Christine M. McClimans
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Jason Simmons
Party type: Defendant
In their Individual and Official Capacities
Attorney name: Christine M. McClimans
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Gary Cranmer
Party type: Defendant
In their Individual and Official Capacities
Attorney name: Christine M. McClimans
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Timothy Botterbush
Party type: Defendant
In their Individual and Official Capacities
Attorney name: Christine M. McClimans
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12006-08-29 COMPLAINT against Alton Police Department, Madison County States Attorney Office, filed by Bessie Mae Burgess.(lmb) (Entered: 08/31/2006)
22006-08-29 MOTION for Leave to Proceed in forma pauperis by Bessie Mae Burgess. (lmb) (Entered: 08/31/2006)
32006-08-29 MOTION to Appoint Counsel by Bessie Mae Burgess. (lmb) (Entered: 08/31/2006)
42006-08-29 MOTION FOR SERVICE OF PROCESS AT GOVERNMENT EXPENSE re 1 Complaint by Bessie Mae Burgess. (lmb) (Entered: 08/31/2006)
52006-09-12 ORDER DENYING WITHOUT PREJUDICE 3 Motion to Appoint Counsel. Signed by Judge Donald G. Wilkerson on 9/12/06. (sgp) (Entered: 09/12/2006)
62006-09-12 ORDER granting 2 Motion for Leave to Proceed in forma pauperis and granting 4 Motion for service of process at government expense. Signed by Judge David R Herndon on 9/12/06. (mkc) (Entered: 09/12/2006)
72006-09-14 SUPPLEMENT by Bessie Mae Burgess. Supplement to 1 Complaint. (Attachments: # 1 Part 2 of Supplement# 2 Part 3 of Supplement)(jmp) Modified on 9/28/2006 (jmp). (Entered: 09/27/2006)
82006-10-02 SUPPLEMENT by Bessie Mae Burgess. Supplement to 1 Complaint. (Attachments: # 1 Part 2 of Supplement)(jmp) (Entered: 10/05/2006)
92006-10-12 NOTICE of Appearance by Bruce A. Carr on behalf of Bessie Mae Burgess (Carr, Bruce) (Entered: 10/12/2006)
102006-10-12 AMENDED COMPLAINT against Alton Police Department, filed by Bessie Mae Burgess.(Carr, Bruce) (Entered: 10/12/2006)
112006-12-13 NOTICE OF IMPENDING DISMISSAL for failure to effect service against defendants. Action by plaintiff due by 1/2/2007. (pab ) (Entered: 12/13/2006)
122006-12-13 Summons Issued as to City of Alton, Donald E. Sandridge, Chris Sullivan, Roger West, Jason Simmons, Gary Cranmer and Timothy Botterbush. (tkm ) (Entered: 12/13/2006)
132006-12-15 RESPONSE to 11 Notice of Impending Dismissal filed by Bessie Mae Burgess. (Carr, Bruce) (Entered: 12/15/2006)
142006-12-28 SUMMONS Returned Executed by Bessie Mae Burgess. City of Alton served on 12/22/2006, answer due 1/11/2007. (Carr, Bruce) (Entered: 12/28/2006)
152006-12-28 SUMMONS Returned Executed by Bessie Mae Burgess. Timothy Botterbush served on 12/22/2006, answer due 1/11/2007. (Carr, Bruce) (Entered: 12/28/2006)
162006-12-28 SUMMONS Returned Executed by Bessie Mae Burgess. Gary Cranmer served on 12/22/2006, answer due 1/11/2007. (Carr, Bruce) (Entered: 12/28/2006)
172006-12-28 SUMMONS Returned Executed by Bessie Mae Burgess. Roger West served on 12/21/2006, answer due 1/10/2007. (Carr, Bruce) (Entered: 12/28/2006)
182006-12-28 SUMMONS Returned Executed by Bessie Mae Burgess. Donald E. Sandridge served on 12/22/2006, answer due 1/11/2007. (Carr, Bruce) (Entered: 12/28/2006)
192006-12-28 SUMMONS Returned Executed by Bessie Mae Burgess. Jason Simmons served on 12/22/2006, answer due 1/11/2007. (Carr, Bruce) (Entered: 12/28/2006)
202006-12-28 SUMMONS Returned Executed by Bessie Mae Burgess. Chris Sullivan served on 12/21/2006, answer due 1/10/2007. (Carr, Bruce) (Entered: 12/28/2006)
212007-01-10 DOCKET ENTRY STRICKEN - MOTION to Dismiss Plaintiffs' First Amended Complaint by City of Alton, Donald E. Sandridge, Chris Sullivan, Roger West, Jason Simmons, Gary Cranmer, Timothy Botterbush. Responses due by 2/12/2007 (McClimans, Christine) (Entered: 01/10/2007)
222007-01-10 DOCKET ENTRY STRICKEN - MEMORANDUM in Support re 21 MOTION to Dismiss Plaintiffs' First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by City of Alton, Donald E. Sandridge, Chris Sullivan, Roger West, Jason Simmons, Gary Cranmer, Timothy Botterbush. (McClimans, Christine) (Entered: 01/10/2007)
232007-01-11 MOTION to Dismiss for Failure of Service by Timothy Botterbush. Responses due by 2/13/2007 (Attachments: # 1)(McClimans, Christine) (Entered: 01/11/2007)
242007-01-11 MEMORANDUM in Support re 23 MOTION to Dismiss for Failure of Service filed by Timothy Botterbush. (Attachments: # 1)(McClimans, Christine) (Entered: 01/11/2007)
252007-01-23 SUMMONS Returned Executed by Bessie Mae Burgess. (Carr, Bruce) (Entered: 01/23/2007)
262007-01-23 RESPONSE to Motion re 23 MOTION to Dismiss for Failure of Service filed by Bessie Mae Burgess. (Carr, Bruce) (Entered: 01/23/2007)
272007-01-23 MOTION to Strike Defendants Motion to Dismiss and Memo in Support by Bessie Mae Burgess. (Attachments: # 1)(Carr, Bruce) (Entered: 01/23/2007)
282007-01-23 CJRA TRACK B assigned: Jury Trial set for presumptive month of January 2008 in East St. Louis Court House before Judge David R Herndon. (pab ) (Entered: 01/23/2007)
292007-01-24 ORDER striking 21 22 Motion to Dismiss, granting 27 Motion to Strike and allowing leave to re-file documents. Signed by Judge David R Herndon on 1/24/07. (klh, ) (Entered: 01/24/2007)
302007-01-24 MOTION to Dismiss Plaintiff's First Amended Complaint by City of Alton, Donald E. Sandridge, Chris Sullivan, Roger West, Jason Simmons, Gary Cranmer, Timothy Botterbush. Responses due by 2/26/2007 (McClimans, Christine) (Entered: 01/24/2007)
312007-01-24 MEMORANDUM in Support re 30 MOTION to Dismiss Plaintiff's First Amended Complaint filed by City of Alton, Donald E. Sandridge, Chris Sullivan, Roger West, Jason Simmons, Gary Cranmer, Timothy Botterbush. (McClimans, Christine) (Entered: 01/24/2007)
322007-01-30 NOTICE TO COUNSEL: Telephonic Scheduling/Discovery Conference set for 3/6/2007 01:30 PM before Mag/Judge Donald G. Wilkerson. (rmb) (Entered: 01/30/2007)
332007-02-12 MOTION to Dismiss Plaintiff's First Amended Complaint by Timothy Botterbush. Responses due by 3/19/2007 (McClimans, Christine) (Entered: 02/12/2007)
342007-02-12 MEMORANDUM in Support re 33 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Timothy Botterbush. (McClimans, Christine) (Entered: 02/12/2007)
352007-02-16 First MOTION for Extension of Time to File Response/Reply as to 30 MOTION to Dismiss Plaintiff's First Amended Complaint, 34 Memorandum in Support of Motion, 33 MOTION to Dismiss Plaintiff's First Amended Complaint, 31 Memorandum in Support of Motion by Bessie Mae Burgess. (Carr, Bruce) (Entered: 02/16/2007)
362007-02-20 ORDER GRANTING 35 Plaintiff's Motion for Extension of Time to File Response/Reply. Plaintiff's Response(s) to all of Defendants' Motions to Dismiss shall be due by March 16, 2007. Signed by Judge David R Herndon on 02/20/2007. (seg)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/20/2007)
372007-03-05 NOTICE TO COUNSEL: Per 32 Notice of Scheduling and Discovery Conference the parties were REQUIRED to submit a Joint Report and Proposed Scheduling and Discovery Order no later than 2/27/07. The parties SHALL provide this to the Court today or face an order to show cause for this failure. Signed by Judge Donald G. Wilkerson on 3/5/2007. (jrw) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/05/2007)
382007-03-06 Minute Entry for proceedings held before Judge Donald G. Wilkerson: Telephonic Scheduling/ Discovery Conference held on 3/6/2007. Bruce Carr for plaintiff and Christine McClimans. Orders to issue. (Court Reporter none appearing.) (rmb) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/06/2007)
392007-03-07 SCHEDULING ORDER: Discovery due by 9/7/2007. Dispositive Motions due by 9/21/2007. Signed by Judge Donald G. Wilkerson on 3/7/07. (rmb) (Entered: 03/07/2007)
402007-03-07 ORDER AND NOTICE OF SETTLEMENT CONFERENCE: Settlement Conference set for 9/12/2007 09:00 AM in East St. Louis Court House before Mag/Judge Donald G. Wilkerson.(rmb) (Entered: 03/08/2007)
412007-03-07 ORDER REGARDING DISCOVERY. Signed by Judge Donald G. Wilkerson on 3/7/07. (rmb) (Entered: 03/08/2007)
422007-03-16 RESPONSE to 34 Memorandum in Support of Motion, 30 Motion to Dismiss, 33 Motion to Dismiss, 31 Memorandum in Support of Motion filed by Bessie Mae Burgess. (Carr, Bruce) (Entered: 03/16/2007)
432007-03-22 REPLY to Response to Motion re 30 MOTION to Dismiss Plaintiff's First Amended Complaint, 33 MOTION to Dismiss Plaintiff's First Amended Complaint filed by City of Alton, Donald E. Sandridge, Chris Sullivan, Roger West, Jason Simmons, Gary Cranmer, Timothy Botterbush. (McClimans, Christine) (Entered: 03/22/2007)
442007-06-04 ORDER denying 23 Motion to Dismiss for failure of service. Signed by Judge David R Herndon on 6/4/07. (klh) (Entered: 06/04/2007)
452007-06-06 ORDER DISMISSING CASE with prejudice and GRANTING 33 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Timothy Botterbush and 30 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Chris Sullivan, Gary Cranmer, City of Alton, Jason Simmons, Roger West, Timothy Botterbush, Donald E. Sandridge. Signed by Judge David R Herndon on 6/6/07. (klh) (Entered: 06/06/2007)
462007-06-07 CLERK'S JUDGMENT. Signed by Judge David R Herndon on 6/7/07. (pab ) (Entered: 06/07/2007)
472007-07-05 NOTICE OF APPEAL as to 45 Order Dismissing Case, Terminate Motions,, by Bessie Mae Burgess. (Carr, Bruce) (Entered: 07/05/2007)
482007-07-05 USCA Appeal Fees received $ 455.00 receipt number 3462500073 re 47 Notice of Appeal filed by Bessie Mae Burgess (dkd ) (Entered: 07/05/2007)
492007-07-06 Transmission of Short Record to US Court of Appeals re 47 Notice of Appeal Appeal Record due to be prepared by 7/20/2007. (jmp) (Entered: 07/06/2007)
502007-07-06 Circuit Rule 10 Letter (jmp) (Entered: 07/06/2007)
512007-07-09 USCA Case Number 07-2580 for 47 Notice of Appeal filed by Bessie Mae Burgess.(jmp) (Entered: 07/10/2007)
522007-12-14 MOTION to Alter Judgment Pursuant to FRCP 60(b) and Request for Issuance of Order of Certification Pursuant to Circuit Rule 57 by Bessie Mae Burgess, City of Alton, Donald E. Sandridge, Chris Sullivan, Roger West, Jason Simmons, Gary Cranmer, Timothy Botterbush. (McClimans, Christine) (Entered: 12/14/2007)
532007-12-14 ORDER granting 52 Motion to Alter Judgment. Signed by Judge David R Herndon on 12/14/07. (klh, ) (Entered: 12/14/2007)
542008-01-14 MANDATE of USCA REMANDING pursuant to Circuit Rule 57 as to 47 Notice of Appeal filed by Bessie Mae Burgess. See order for specifics. (jmp) (Entered: 01/28/2008)
552008-01-29 MOTION to Seal Document by City of Alton, Donald E. Sandridge, Chris Sullivan, Roger West, Jason Simmons, Gary Cranmer, Timothy Botterbush. (McClimans, Christine) (Entered: 01/29/2008)
562008-01-29 ORDER granting 55 Motion to Seal Document.. Signed by Chief Judge David R Herndon on 1/29/08. (klh, ) (Entered: 01/29/2008)
572008-01-29 Sealed Document. (Attachments: # 1 Exhibit, # 2 Exhibit)(McClimans, Christine) (Entered: 01/29/2008)
582008-01-29 SEALED ORDER. Signed by Chief Judge David R Herndon on 1/29/08. (klh, ) (Entered: 01/29/2008)
592008-01-29 STIPULATION of Dismissal by Bessie Mae Burgess, City of Alton, Donald E. Sandridge, Chris Sullivan, Roger West, Jason Simmons, Gary Cranmer, Timothy Botterbush. (McClimans, Christine) (Entered: 01/29/2008)
602008-01-29 ORDER DISMISSING CASE with prejudice. Signed by Chief Judge David R Herndon on 1/29/08. (klh, ) (Entered: 01/29/2008)
612008-02-04 JUDGMENT. Signed by Chief Judge David R Herndon on 2/4/08. (pab ) (Entered: 02/04/2008)
622008-02-04 MANDATE (certified copy) of USCA as to 47 Notice of Appeal filed by Bessie Mae Burgess granting Motion for expedited issuance of remand, and ordering that this appeal is remanded (dmw) (Entered: 02/04/2008)