Case: Cooey v. Taft

2:04-cv-01156 | U.S. District Court for the Southern District of Ohio

Filed Date: June 10, 2004

Clearinghouse coding complete

Case Summary

On June 10, 2004, two death-sentenced inmates at the Mansfield Correctional Institution in Mansfield, Ohio, filed a lawsuit under 42 U.S.C. § 1983 against the Ohio Department of Rehabilitation and Correction in the U.S. District Court for the Southern District of Ohio. They asked the Court to stay their executions and issue an injunction against the defendants' use of their current lethal injection protocol, which they alleged would violate their Constitutional rights by torturing them to deat…

On June 10, 2004, two death-sentenced inmates at the Mansfield Correctional Institution in Mansfield, Ohio, filed a lawsuit under 42 U.S.C. § 1983 against the Ohio Department of Rehabilitation and Correction in the U.S. District Court for the Southern District of Ohio. They asked the Court to stay their executions and issue an injunction against the defendants' use of their current lethal injection protocol, which they alleged would violate their Constitutional rights by torturing them to death. Specifically, they feared that the short-acting anesthetic used by the defendants would wear off too soon, allowing them to feel the excruciatingly painful effects of the potassium chloride that was used during the lethal injection process. In addition, they argued that the defendants' use of pancuronium bromide would paralyze them, making them unable to cry out or alert their executioners that the anesthetic had worn off too soon.

On September 3, 2004, Plaintiff Dennis asked the Court to stay his execution while the claim was pending. On September 16, 2004, the U.S. District Court for the Southern District of Ohio (Judge Gregory L. Frost) denied Dennis's motion, arguing that he should have brought his claim to the court at an earlier time, which would have allowed the Court to consider the merits of the claim without requiring entry of a stay. Plaintiff Dennis appealed. On September 30, 2004, the U.S. Court of Appeals for the Sixth Circuit (Judges Richard Fred Surhheinrich, Eugene Edward Siler, and Martha Craig Daughtrey) affirmed the District Court's decision and dismissed the appeal without a written opinion. Dennis was executed by lethal injection on October 13, 2004.

As to Plaintiff Cooey, the defendants asked the District Court to dismiss the complaint, claiming that he had not exhausted his administrative remedies. On September 24, 2004, the District Court (Judge Frost) granted their motion and dismissed the complaint without prejudice. After exhausting his administrative remedies, Cooey returned to the District Court and re-filed his complaint on December 8, 2004. The defendants asked the district court to dismiss the complaint based on the statute of limitation and res judicata, in addition to arguing that the complaint should be construed as a successive habeas petition. On March 28, 2005, the District Court denied the defendants' motion but granted them permission to pursue an interlocutory appeal.

Before the Sixth Circuit heard the appeal, the plaintiff requested that they stay their decision until after the U.S. Supreme Court made a decision in the case of Hill v. McDonough. The Sixth Circuit granted the stay, and the Supreme Court decided the case on June 12, 2006, unanimously holding that a challenge to the method of execution as violating the Eighth Amendment to the Constitution properly raised a claim under 42 U.S.C. § 1983, which provides a cause of action for civil rights violations, rather than under habeas corpus. This meant that the Court had effectively ruled that a prisoner who had previously sought habeas relief was not barred from bringing a later challenge under §1983.

Following the decision by the Supreme Court, the Sixth Circuit heard arguments regarding the appeal. On March 2, 2007, the Sixth Circuit (Judge Suhrheinrich) remanded the case back to the District Court with instructions to dismiss the complaint as barred by the statute of limitations. Cooey v. Strickland, 479 F.3d 412 (6th Cir. 2007).

The plaintiff sought review by the U.S. Supreme Court, and on April 19, 2007, the U.S. Supreme Court declined to vacate the stay of execution. The plaintiff then asked the Sixth Circuit to rehear the case en banc, and on June 1, 2007, the Sixth Circuit refused to rehear the petition. Cooey v. Strickland, 2007 WL 1574663 (6th Cir. Jun.1, 2007).

Cooey was executed by lethal injection on October 14, 2008.

Summary Authors

Joshua Arocho (6/27/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4701386/parties/cooey-v-kasich/


Judge(s)

Abel, Mark R. (Ohio)

Attorney for Plaintiff
Attorney for Defendant

Arbogast, Janet R Hill (Ohio)

Expert/Monitor/Master/Other

Baich, Dale Andrew (Arizona)

Barnhart, Robert Brady (Ohio)

Benza, Michael J. (Ohio)

Judge(s)

Abel, Mark R. (Ohio)

Daughtrey, Martha Craig (Tennessee)

Frost, Gregory L. (Ohio)

Gilman, Jeremy (Ohio)

Siler, Eugene Edward Jr. (Kentucky)

Suhrheinrich, Richard Fred (Michigan)

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Documents in the Clearinghouse

Document

2:04-cv-01156

Docket (PACER)

Cooey v. Taft

Sept. 7, 2007

Sept. 7, 2007

Docket

2:04-cv-01156

Docket [PACER]

Dennis v. Taft

Dec. 5, 2011

Dec. 5, 2011

Docket

2:04-cv-00532

Plaintiffs' Original Complaint for Injunctive and Declaratory Relief []

Dennis v. Taft

June 18, 2004

June 18, 2004

Complaint

2:04-cv-00532

Defendants' Motion to Dismiss

Dennis v. Taft

Aug. 5, 2004

Aug. 5, 2004

Pleading / Motion / Brief

2:04-cv-00532

Opinion and Order [Denying Petitioner's Motion for Preliminary Injunction]

Dennis v. Taft

Sept. 16, 2004

Sept. 16, 2004

Order/Opinion

04-04149

Order [re: Motion to Dismiss Appeal]

Dennis v. Taft

U. S. Court of Appeals for the Sixth Circuit

Sept. 30, 2004

Sept. 30, 2004

Order/Opinion
2-1

2:04-cv-01156

Plaintiff's Original Complaint for Declaratory and Injunctive Relief

Cooey v. Taft

Dec. 8, 2004

Dec. 8, 2004

Complaint
14

2:04-cv-01156

Opinion and Order [re: Defendant's Motion to Dismiss]

March 28, 2005

March 28, 2005

Order/Opinion
24

2:04-cv-01156

Plaintiff-Intervenor's Motion for Temporary Restraining Order and Preliminary Injunction to Stay His Execution []

Cooey v. Taft

Nov. 23, 2005

Nov. 23, 2005

Pleading / Motion / Brief
23

2:04-cv-01156

Emergency Motion to Intervene (Hicks)

Cooey v. Taft

Nov. 23, 2005

Nov. 23, 2005

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4701386/cooey-v-kasich/

Last updated Feb. 9, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

MOTION filed by Plaintiff Richard Cooey for Leave to Proceed in forma pauperis. (dms) (Entered: 12/08/2004)

Dec. 8, 2004

Dec. 8, 2004

2

COMPLAINT filed by Plaintiff Richard Cooey against Defendants Robert Taft, Reginald Wilkinson, and James Haviland. (Attachments: # 1 Exhibits to Complaint)(dms ) (Entered: 12/08/2004)

Dec. 8, 2004

Dec. 8, 2004

3

ORDER granting 1 Motion for Leave to Proceed in forma pauperis. Plaintiff is required to pay the full amount of the Court's $150 filing fee. It is ORDERED that the US Marshal is to serve each Defendant. Each Defendant is ORDERED to respond to the Complaint within 45 days after being served. Signed by Judge Mark R. Abel on 12/8/04. (dms ) (Entered: 12/09/2004)

Dec. 9, 2004

Dec. 9, 2004

4

Summons Issued as to James Haviland. (dms ) (Entered: 12/14/2004)

Dec. 13, 2004

Dec. 13, 2004

5

Summons Issued as to Reginald Wilkinson. (dms ) (Entered: 12/14/2004)

Dec. 13, 2004

Dec. 13, 2004

6

Summons Issued as to Robert Taft. (dms ) (Entered: 12/14/2004)

Dec. 13, 2004

Dec. 13, 2004

Filing fee: $ 13.56, receipt number 200 244563. (dms) (Entered: 12/20/2004)

Dec. 17, 2004

Dec. 17, 2004

7

SUMMONS Returned Executed Robert Taft served on 12/15/2004, answer due 1/4/2005. (dms ). (Entered: 12/29/2004)

Dec. 28, 2004

Dec. 28, 2004

8

MOTION to Dismiss by Defendants Robert Taft, Reginald Wilkinson, James Haviland. Responses due by 1/28/2005 (Attachments: # 1 Exhibit Cooey's Federal Habeas Petition# 2 Exhibit Dennis v. Taft Order# 3 Exhibit Buffalo News Article)(Collyer, Michael) (Entered: 01/04/2005)

Jan. 4, 2005

Jan. 4, 2005

9

ORDER re 8 MOTION to Dismiss filed by Reginald Wilkinson,, James Haviland, &Robert Taft; Non−oral hearing on said motion set for 2/24/2005. Signed by Judge Gregory L Frost on 1/5/05. (sem, ) (Entered: 01/05/2005)

Jan. 5, 2005

Jan. 5, 2005

10

SUMMONS Returned Executed Reginald Wilkinson served on 12/15/2004, answer due 1/4/2005. (dms ). (Entered: 01/11/2005)

Jan. 10, 2005

Jan. 10, 2005

11

SUMMONS Returned Executed James Haviland served on 12/20/2004, answer due 1/10/2005. (dms ) . (Entered: 01/11/2005)

Jan. 10, 2005

Jan. 10, 2005

Filing fee: $ 8.16, receipt number 200 244810 (dms ) (Entered: 01/11/2005)

Jan. 10, 2005

Jan. 10, 2005

12

RESPONSE in Opposition re 8 MOTION to Dismiss filed by Plaintiff Richard Cooey. (Attachments: # 1 Exhibit A − 10/16/04 Opinion &Order# 2 Exhibit B − Order Denying Prelim Inj# 3 Exhibit B− Appendix to Order)(Culshaw, Kelly). (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

13

REPLY to Response to Motion re 8 MOTION to Dismiss filed by Defendants Robert Taft, Reginald Wilkinson, James Haviland. (Collyer, Michael) (Entered: 01/25/2005)

Jan. 25, 2005

Jan. 25, 2005

Filing fee: $ 11.60, receipt number 200 245695. (dms ) (Entered: 03/11/2005)

March 9, 2005

March 9, 2005

14

ORDER denying 8 Defendants' Motion to Dismiss . Signed by Judge Gregory L Frost on 3/28/05. (sem, ) (Entered: 03/28/2005)

March 28, 2005

March 28, 2005

Minute Entry for proceedings held before Judge Gregory L Frost : Status Conference held on 3/28/2005. (statistical purposes (ksh, ) . (Entered: 03/28/2005)

March 28, 2005

March 28, 2005

16

MOTION for Certificate of Appealability by Defendants Robert Taft, Reginald Wilkinson, James Haviland. (Sweeney, Kelley) (Entered: 03/30/2005)

March 30, 2005

March 30, 2005

17

RESPONSE in Opposition re 16 MOTION for Certificate of Appealability filed by Plaintiff Richard Cooey. (Culshaw, Kelly) (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

18

First MOTION for Order to Plaintiff's Motion For Discovery Orders Consistent With This Court's Scheduling Order by Plaintiff Richard Cooey. (Attachments: # 1 Exhibit Plaintiff's First Request For Production Of Documents# 2 Exhibit Plaintiff's First Request To Enter Upon Land And Property For Inspection And Other Purposes)(Meyers, Gregory) (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

19

REPLY in Support re 16 MOTION for Certificate of Appealability filed by Defendants Robert Taft, Reginald Wilkinson, James Haviland. (Collyer, Michael) (Entered: 04/06/2005)

April 6, 2005

April 6, 2005

20

ANSWER to Complaint with Jury Demand by Defendants Robert Taft, Reginald Wilkinson, James Haviland.(Sweeney, Kelley) (Entered: 04/11/2005)

April 11, 2005

April 11, 2005

Filing fee: $ 8.60, receipt number 200 246170 (dms ) (Entered: 04/13/2005)

April 12, 2005

April 12, 2005

21

ORDER granting in part and denying in part 16 Defendants' Motion to certify an interlocutory appeal and denying as moot 18 Plaintiff's Motion for Discovery; These proceedings are hereby STAYED pending the outcome of the interlocutory appeal . Signed by Judge Gregory L Frost on 4/13/05. (sem, ) (Entered: 04/13/2005)

April 13, 2005

April 13, 2005

Filing fee: $ 10.60, receipt number 200 246562. (dms ) (Entered: 05/12/2005)

May 11, 2005

May 11, 2005

Filing fee: $ 7.10, receipt number 247021 (jk) (Entered: 06/16/2005)

June 15, 2005

June 15, 2005

Filing fee: $ 23.20, receipt number 247428 (jk) (Entered: 07/14/2005)

July 14, 2005

July 14, 2005

22

USCA ORDER − It is ORDERED that the petition for permission to appeal is GRANTED and the matter is hereby transferred to the general docket of the court and assigned docket number 05−4057. Signed by Circuit Judges Suhrheinrich, Siler and Gilman on 08/24/05. (lg) (Entered: 08/26/2005)

Aug. 26, 2005

Aug. 26, 2005

Filing fee for appeal USCA case no 05−4057: $ 255, receipt number 248089 (lg) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

Filing fee: $ 22.16, receipt number 248108 (jk) (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

Filing fee: $ 17.38, receipt number 248573 (jk) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

Filing fee: $ 23.96, receipt number 200 248926 (jr) (Entered: 11/08/2005)

Nov. 7, 2005

Nov. 7, 2005

26

ORDER granting 23 Movant John R. Hicks's Motion to Intervene and denying 24 Motion for Temporary Restraining Order . Signed by Judge Gregory L Frost on 11/23/05. (Attachments: # 1 Exhibit 9/16/04 Decision in Dennis v. Taft) (sem, )

Nov. 23, 2005

Nov. 23, 2005

RECAP
23

EMERGENCY MOTION to Intervene filed by Movant John R Hicks. (sem, ) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

24

MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction to Stay his Execution filed by Movant John R Hicks. (sem, ) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

25

Amended MOTION to Amend/Correct Plaintiff−Intervenor's Motion for A Temporary Restraining Order and Preliminary Injunction to Stay His Execution Pending Adjudication of 42 USC Sec. 1983 Claims Challenging Defendants' Cruel and Unusual Execution Procedures by Movant John R Hicks. (Mezibov, Marc) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

27

Intervenor COMPLAINT filed by Intervenor Plaintiff John R Hicks against Defendants Robert Taft, Reginald Wilkinson, James Haviland.(sem, ) (Entered: 11/28/2005)

Nov. 23, 2005

Nov. 23, 2005

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 27 Notice of Appeal (jr) (Entered: 11/25/2005)

Nov. 25, 2005

Nov. 25, 2005

29

Emergency MOTION to Intervene as a Plaintiff . (Attachments: # 1 Exhibit Claims being litigated)(Crim, Gary) (Entered: 12/11/2005)

Dec. 11, 2005

Dec. 11, 2005

30

ORDER re 29 Emergency MOTION to Intervene as a Plaintiff filed by Jeffrey D Hill; Defendants' shall file any memorandum in opposition by 12/23/05; Non−oral hearing on said motion set for 12/27/2005. Signed by Judge Gregory L Frost on 12/13/05. (sem, ) (Entered: 12/13/2005)

Dec. 13, 2005

Dec. 13, 2005

31

USCA INFORMATION COPY re 28 Notice of Appeal: The request for a stay of execution is DENIED. (jr) (Entered: 12/19/2005)

Dec. 16, 2005

Dec. 16, 2005

32

USCA JUDGMENT as to 28 Notice of Appeal filed by John R Hicks, it is ORDERED that the request for a stay of execution is DENIED. (jr) (Entered: 12/19/2005)

Dec. 16, 2005

Dec. 16, 2005

33

RESPONSE in Opposition re 29 Emergency MOTION to Intervene as a Plaintiff filed by Defendants Robert Taft, Reginald Wilkinson, James Haviland. (Attachments: # 1 Exhibit unreported case# 2 Exhibit unreported case# 3 Exhibit unreported case)(Sweeney, Kelley) (Entered: 12/23/2005)

Dec. 23, 2005

Dec. 23, 2005

34

ORDER dismissing Intervenor Plaintiff John R. Hicks as a party to this litigation. Signed by Judge Gregory L Frost on 1/4/06. (sem, ) (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

35

ORDER granting 29 Jeffrey D. Hill's Emergency Motion to Intervene; The Clerk shall detach the proferred complaint and file said pleading . Signed by Judge Gregory L Frost on 1/29/06. (sem, ) (Entered: 01/09/2006)

Jan. 9, 2006

Jan. 9, 2006

36

Intervenor COMPLAINT filed by Intervenor Plaintiff Jeffrey D Hill against Defendants Robert Taft, Reginald Wilkinson &James Haviland.(sem, ) (Entered: 01/09/2006)

Jan. 9, 2006

Jan. 9, 2006

37

Emergency MOTION for Preliminary Injunction by Intervenor Plaintiff Jeffrey D Hill. (Attachments: # 1 Appendix Unreported decision, Brown v. Beck)(Crim, Gary) (Entered: 04/14/2006)

April 14, 2006

April 14, 2006

38

ORDER re 37 Emergency MOTION for Preliminary Injunction filed by Jeffrey D Hill; Defendants shall have until 4/21/06 to any memorandum in opposition to said motion; Plaintiff Hill shall have until 4/26/06 to file any reply; An Informal Preliminary Conference is set for 4/28/2006 09:00 AM in teleconference before Gregory L Frost (Plaintiff Hill's counsel shall initiate the call). Signed by Judge Gregory L Frost on 4/18/06. (sem1, ) (Entered: 04/18/2006)

April 18, 2006

April 18, 2006

39

RESPONSE in Opposition re 37 Emergency MOTION for Preliminary Injunction filed by Defendants Robert Taft, Reginald Wilkinson, James Haviland. (Attachments: # 1 Order Denying Dennis Injunction# 2 Order Re Hicks Intervention and Injunction# 3 Morales v. Hickman# 4 Brown v. Beck# 5 Affidavit of Dr. Dershwitz# 6 Affidavit of Dr. Rosow)(Collyer, Michael) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

40

MOTION to Participate in Preliminary Conference re 38 Order, Set Hearings,, by Plaintiff Richard Cooey. (Culshaw, Kelly) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

41

ORDER granting 40 Plaintiff Cooey's Motion to Participate in the 4/28/06 Telephone Status Conference . Signed by Judge Gregory L Frost on 4/25/06. (sem, ) (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

42

REPLY in Support re 37 Emergency MOTION for Preliminary Injunction filed by Intervenor Plaintiff Jeffrey D Hill. (Attachments: # 1 Appendix Docket from Distirct Court, Western District of Missouri# 2 Appendix Decision of Eigth Circuit in Government Appeal# 3 Appendix Docket from Eigjth Circuit, Plaintiff's Appeal)(Crim, Gary) (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

45

ORDER granting 37 Plaintiff Hill's Motion for an Emergency Preliminary Injunction; It is ORDERED, ADJUDGED, and DECREED that the State of Ohio, and any person acting on its behalf, is hereby STAYED from implementing an order for the execution of Jeffrey D. Hill issued by any court of the State of Ohio until further Order from this Court . Signed by Judge Gregory L Frost on 4/28/06. (sem, )

April 28, 2006

April 28, 2006

RECAP

Minute Entry for proceedings held before Judge Gregory L Frost : Status Conference held on 4/28/2006. (statistical purposes only) (ksh, ) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

43

NOTICE by Defendant Robert Taft re 39 Response in Opposition to Motion, Supplemental Authority (Attachments: # 1 Fourth Circuit Decision Affirming Dismissal of Case and Denial of Stay in Vinson v. Johnson 4−25−06# 2 Supreme Court Denial of Stay in Vinson v. Johnson 4−27−06)(Collyer, Michael) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

44

Supplemental Memorandum Supporting re 37 Emergency MOTION for Preliminary Injunction Notice of Additional Authority filed by Intervenor Plaintiffs Jeffrey D Hill, Jeffrey D Hill. (Attachments: # 1 Supplement Docket from Distirct Court, Eastern District of Virginia)(Crim, Gary) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

46

MOTION to Intervene filed by Johnnie Baston. (Attachments: # 1 Exhibit Proposed Complaint)(Timken, Kyle) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

47

Emergency MOTION to Intervene filed by Arthur Tyler . (Kerger, Richard) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

48

MOTION to Intervene (Corrected) by Intervenor Plaintiff Arthur Tyler. (Kerger, Richard) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

49

ORDER re 46 MOTION to Intervene filed by Johnnie Baston and 48 MOTION to Intervene (Corrected) filed by Arthur Tyler; Defendants shall file any memoranda in opposition by 6/5/06; Movants Baston and Tyler shall file any reply memoranda by 6/9/06; Non−oral hearing on said motions set for 6/12/2006. Signed by Judge Gregory L Frost on 5/30/06. (sem, ) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

50

RESPONSE in Opposition re 46 MOTION to Intervene by Johnnie Baston filed by Defendants Robert Taft, Reginald Wilkinson, James Haviland. (Attachments: # 1 Santos v. Camacho)(Collyer, Michael) (Entered: 06/02/2006)

June 2, 2006

June 2, 2006

51

RESPONSE in Opposition re 48 MOTION to Intervene (Corrected) by Arthur Tyler filed by Defendants Robert Taft, Reginald Wilkinson, James Haviland. (Attachments: # 1 Santos v. Camacho)(Collyer, Michael) (Entered: 06/02/2006)

June 2, 2006

June 2, 2006

52

REPLY to Response to Motion re 48 MOTION to Intervene (Corrected) filed by Intervenor Plaintiff Arthur Tyler. (Kerger, Richard) (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

53

REPLY to Response to Motion re 46 MOTION to Intervene filed by Intervenor Plaintiff Johnnie Baston. (Prude−Smithers, Pamela) (Entered: 06/09/2006)

June 9, 2006

June 9, 2006

54

ORDER granting 46 Baston's Motion to Intervene and granting 48 Tyler's Motion to Intervene . Signed by Judge Gregory L Frost on 6/16/06. (sem, )

June 16, 2006

June 16, 2006

RECAP
55

Intervenor COMPLAINT filed by Intervenor Plaintiff Johnnie Baston against Defendants Robert Taft, Reginald Wilkinson, James Haviland.(sem, ) (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

56

Intervenor COMPLAINT filed by Intervenor Plaintiff Arthur Tyler against Defendants Robert Taft, Reginald Wilkinson, James Haviland.(sem, ) (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

57

NOTICE of Appearance by Kathryn L Sandford for Intervenor Plaintiff Arthur Tyler (Sandford, Kathryn) (Entered: 06/19/2006)

June 19, 2006

June 19, 2006

59

NOTICE of Appearance by Heather L Gosselin of Defendants Robert Taft, Reginald Wilkinson, James Haviland (Gosselin, Heather) (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

60

MOTION to Intervene by Intervenor Plaintiff Jerome Henderson. (Attachments: # 1 Exhibit A − B)(srj, ) (Entered: 08/21/2006)

Aug. 21, 2006

Aug. 21, 2006

61

ORDER re 60 MOTION to Intervene filed by Jerome Henderson; Non−oral hearing on said motion set for 10/13/2006. Signed by Judge Gregory L Frost on 8/22/06. (sem1, ) (Entered: 08/22/2006)

Aug. 22, 2006

Aug. 22, 2006

62

MOTION to Supplement the Pleadings by Intervenor Plaintiff Jerome Henderson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(jr) (Entered: 08/29/2006)

Aug. 28, 2006

Aug. 28, 2006

63

AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF filed by Intervenor Plaintiff Jerome Henderson against Terry Collins, Edwin Voorhies, Defendant Robert Taft. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(jr) (Entered: 09/01/2006)

Aug. 31, 2006

Aug. 31, 2006

64

MOTION for Leave to Appear pro hac vice for attorney James A. Jenkins by Intervenor Plaintiff Jeffrey Don Lundgren. Filing fee $ 50. (srj, ) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

65

EMERGENCY MOTION to Intervene by Intervenor Plaintiff Jeffrey Don Lundgren. (Attachments: # 1 Complaint for Injunctive and Declaratory Relief)(srj, ). (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

66

NOTICE of Hearing: Telephone Conference set for 9/8/2006 11:00 AM before Gregory L Frost (the Court will initiate the call). (sem1, ) (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

67

ORDER granting 64 Motion for Leave for James A. Jenkins to Appear pro hac vice on behalf of Jeffrey Don Lundgren. Signed by Judge Mark R. Abel on 9/5/06. (jr) (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

68

RESPONSE in Opposition re 60 MOTION to Intervene by Jerome Henderson filed by Defendants Terry Collins, Edwin Voorhies, Robert Taft, Reginald Wilkinson, James Haviland. (Attachments: # 1 Exhibit Chief Inspector Decision re Baston# 2 Exhibit Brown v. Beck# 3 Johnston v. Crawford# 4 Exhibit Doc. 35 − Order Granting Hill Intervention# 5 Exhibit Order Denying Motion to Dismiss)(Collyer, Michael) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

69

RESPONSE in Opposition re 65 MOTION to Intervene by Jeffrey Lundgren filed by Defendants Terry Collins, Edwin Voorhies, Robert Taft, Reginald Wilkinson, James Haviland. (Attachments: # 1 Exhibit Chief Inspector's Decision re Baston# 2 Exhibit Doc. 35 − Order Granting Hill Intervention)(Collyer, Michael) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

70

SCHEDULING ORDER Non oral hearing on Motion to Intervene set for 9/15/2006 08:00 AM . Signed by Judge Gregory L Frost on 9/8/06. (ksh, ) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

Minute Entry for proceedings held before Judge Gregory L Frost : Status Conference held on 9/8/2006. (statistical purposes only) (ksh, ) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

71

REPLY to Response to Motion re 65 MOTION to Intervene filed by Intervenor Plaintiff Jeffrey Don Lundgren. (jr) (Entered: 09/15/2006)

Sept. 14, 2006

Sept. 14, 2006

73

ORDER denying without prejudice the 65 Emergency Motion to Intervene filed Jeffrey Lundgren . Signed by Judge Gregory L Frost on 9/20/06. (sem1, )

Sept. 20, 2006

Sept. 20, 2006

RECAP
72

NOTICE of Appearance by David Clark Stebbins for Intervenor Plaintiff Jerome Henderson (Stebbins, David) (Entered: 09/20/2006)

Sept. 20, 2006

Sept. 20, 2006

74

Certificate of Good Standing filed by James Allen Jenkins, per doc 67 Order on Motion for Leave to Appear Pro Hac Vice. (kch) (Entered: 09/20/2006)

Sept. 20, 2006

Sept. 20, 2006

76

REPLY to Response to Motion re 60 MOTION to Intervene filed by Intervenor Plaintiff Jerome Henderson. (Attachments: # 1 Exhibit D, # 2 Exhibit E, # 3 Exhibit F, # 4 Exhibit G, # 5 Exhibit H)(jr) (Entered: 09/26/2006)

Sept. 25, 2006

Sept. 25, 2006

77

ORDER re 75 MOTION to Appoint Counsel filed by Jerome Henderson; The Court DIRECTS Henderson, within 15 days of the date of this order, to notify this Court whether he is willing to allow Mr. Stebbins to represent him in this matter . Signed by Judge Gregory L Frost on 9/27/06. (sem1, ) (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

78

MOTION to supplement the pleadings by Intervenor Plaintiff Jerome Henderson. (Attachments: # 1 Exhibit H # 2 Exhibit I # 3 Exhibit J)(sr) (Entered: 09/28/2006)

Sept. 27, 2006

Sept. 27, 2006

79

MOTION in Opposition to Entry of Appearance of Counsel David C. Stebbins of Columbus, Ohio by Intervenor Plaintiff Jerome Henderson. (Attachments: # 1 Exhibit K, # 2 Exhibit L, # 3 Exhibit M, # 4 Exhibit N, # 5 Exhibit O)(jr) (Entered: 10/03/2006)

Oct. 2, 2006

Oct. 2, 2006

80

Emergency MOTION for Preliminary Injunction to Stay Execution by Intervenor Plaintiff Jeffrey Don Lundgren. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit)(Jenkins, James) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

81

MOTION to Amend/Correct Emergency Motion to Intervene by Intervenor Plaintiff Jeffrey Don Lundgren. (Attachments: # 1 # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit)(Jenkins, James) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

82

Emergency MOTION for Preliminary Injunction to Stay Execution by Intervenor Plaintiff Jeffrey Don Lundgren. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit)(Jenkins, James) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

Minute Entry for proceedings held before Judge Gregory L Frost : Telephone Conference held on 10/5/2006 (docketed for statistical purposes only). (sem1, ) (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

83

ORDER memorializing the 10/5/06 Status Conference; Lundgren's New Motion to Intervene and his New Motion for Injunctive Relief to Stay shall be filed by 10/5/06; Defendants' Memorandum in Opposition to said motions shall be filed by 10/11/06; Lundgren's Reply in Support of said motions shall be filed by 10/13/06. Signed by Judge Gregory L Frost on 10/5/06. (sem1, ) (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

84

Emergency Motion for a Preliminary Injunction to Stay Execution by Intervenor Plaintiff Jeffrey Don Lundgren. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit)(Jenkins, James) (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

85

Second MOTION to Amend/Correct Emergency Motion to Intervene by Intervenor Plaintiff Jeffrey Don Lundgren. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8)(Jenkins, James) (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

86

ORDER denying as moot 80 Emergency Motion for Preliminary Injunction, denying without prejudice 81 Emergency Motion to Intervene and denying without prejudice 82 Emergency Motion for Preliminary Injunction . Signed by Judge Gregory L Frost on 10/5/06. (sem1, ) (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

87

NOTICE by Intervenor Plaintiff Jerome Henderson re 77 Order. (jr) (Entered: 10/11/2006)

Oct. 10, 2006

Oct. 10, 2006

88

MOTION in Request that Administrative Remedies Be Deemed Exhausted When Prison Officials Fail to Respond by Intervenor Plaintiff Jerome Henderson. (jr) (Entered: 10/11/2006)

Oct. 10, 2006

Oct. 10, 2006

Case Details

State / Territory: Ohio

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 10, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a death-sentenced prisoner at the Mansfield Correctional Institution in Mansfield, Ohio

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Ohio Department of Rehabilitation and Correction (Mansfield), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Death Penalty:

Lethal Injection - Chemicals Used