GUILTY AR - Beverly Carter, 49, Little Rock, 25 Sep 2014 - #10

[arkansasmimi]

Hoping Everyone had a wonderful Thanksgiving

 

[arkansasmimi]

Haven't been online or checked Pacer in a while ... I know that AL has a Hearing in Hot Springs, AR on one of the Federal civil suits tomorrow. This was the one he filed against ADOC, the intake~Malvern location. Diff jurisdiction than the ones at Tucker/Varner. Western Division US Fed Court. That judge has ordered copies of AL full medical records to be sent to him and then copies sent to AL. ADOC policies state inmates (or family for that matter) can not have copies of those. Inmates can look at them and make notes once a week but not have copies. Maybe if someone is near there, they will go to the hearing and let give us an update of what happened.

10/21/2015 55 ORDER denying 38 Motion to Compel; granting 41 Motion to Amend/Correct; granting in part 50 Motion to Compel and defendants should supplement their responses by 11/20/2015; further the clerk is directed to issue a subpoena to the Medical Records Custodian of Correct Care Solutions, Attn: Jane Fletcher, Medical Records ADC Administration Building, 6814 Princeton Pike Road, Pine Bluff, AR 71602 as set forth. Signed by Honorable Barry A. Bryant on October 21, 2015. (rw) (Entered: 10/21/2015)
10/21/2015 CERTIFIED MAIL, WITH RETURN RECEIPT ATTACHED, DELIVERED TO U.S. POSTAL SERVICE, for service of 55 Order on Motion to Compel, Order on Motion to Amend/Correct, re subpoena issued as to Jane Fletcher, Medical Records Custodian of Correct Solutions using Certified Mail Article number 7008 0150 0001 5303 3325. (rw) (Entered: 10/21/2015)
10/26/2015 CERTIFIED MAIL, WITH RETURN RECEIPT ATTACHED, DELIVERED TO U.S. POSTAL SERVICE, for service of as to Jane Fletcher using Certified Mail Article number 7008 0150 0001 5303 3325. (rw) (Entered: 10/26/2015)
11/12/2015 56 MOTION to Compel with exhibits by Arron Michael Lewis. Motions referred to Barry A. Bryant.(rw) (Entered: 11/12/2015)
11/12/2015 TEXT ONLY ORDER Setting/Resetting Hearings: Continuation of Evidentiary Hearing set for Tuesday, 12/1/2015 10:00 AM in Hot Springs -- 3rd flr (Rm 360) before Honorable Barry A. Bryant.. Signed by Honorable Barry A. Bryant on November 12, 2015. (dkg) (Entered: 11/12/2015)
11/12/2015 57 ORDER for Writ of Habeas Corpus Ad Testificandum as to Arron Michael Lewis returnable by December 1, 2015. Signed by Honorable Barry A. Bryant on November 12, 2015. (dkg) (Entered: 11/12/2015)
11/12/2015 58
THE DOCUMENT IS RESTRICTED TO COURT USERS.

Writ of Habeas Corpus ad Testificandum Issued as to Arron Michael Lewis to appear in Hot Springs, Arkansas on December 1, 2015. Original writ mailed to Warden with copies to ADC Transport and USMS. (dkg) (Entered: 11/12/2015)

11/18/2015 59 CERTIFICATE by Denise J. Barthel, Karcey J. Kiker . (Eubanks, Brent) (Entered: 11/18/2015)
11/23/2015 60 NOTICE by Denise J. Barthel, Andrea Hazelwood, Karcey J. Kiker WITNESS & EXHIBIT LIST (Attachments: # 1 Exhibit 1 - ADC Grievance Appeal Log)(Eubanks, Brent) (Entered: 11/23/2015)
11/24/2015 61 RESPONSE to Motion re 56 MOTION to Compel filed by Denise J. Barthel, Karcey J. Kiker. (Attachments: # 1 Exhibit A- Supplemental Discovery Responses)(Eubanks, Brent) (Entered: 11/24/2015)

 

[arkansasmimi]

IIRC, Dec 1 or this week Judge Wright was going to make his decisions on the various Motions.

Serious question.. from the States Brief... (below) ... since AL has filed a civil suit against the mentioned and the Fed Judge has given the go ahead in that case described as excessive force by LEO Siebel and Bennett, but only in their individual capacity (official capacity was dismissed)... AL was granted a Public Defender for that case. Will that same Public Defender be in the loop in this case as to LEO Siebel?
Snip from State Brief bottom pg 8 top of page 9 https://contexte.aoc.arkansas.gov/i...esent2?DMS_ID=6DWNSQVVT0I1VBI70CW0BIEMOKOURX:

The defendant was called by the defense and was asked only if he had requested an
attorney. On cross, while delving into this issue for the purpose of assessing the defendant’s
credibility, the defendant was asked if he yelled out saying that he wanted to talk to the Federal
agent to which the defendant said “Yeah. I just got beat up.” The defendant went on to say that
a “Reserve Detective” named Gary Siebel beat him up in the bathroom because he wasn’t giving
productive answers and that was why he got in the car with the investigators.

Prior to this testimony by the defendant, which was unresponsive to the question that was
asked, there had been no proof that anyone had threatened or harmed the defendant. And while
the state would like to argue that the defendant’s credibility on this issue versus the other
witnesses that testified is such that the Court could make a decision, the case law says otherwise.
In Smith v. State, 254 Ark. 538, 494 S.W.2d 489 (1973), the court stated, “in determining
the voluntariness of a confession, all material witnesses must be called or their absence
satisfactorily explained in order for the state to meet its burden of proving that a confession was
voluntarily given citing Mercer v. State, 237 Md. 479, 206 A2d. 797 (1965) where the
appellant’s conviction was reversed because his testimony that he was physically mistreated by
two detectives was uncontradicted by either of the persons accused of the mistreatment.
However, in Gill v. State 265 Md. 350, 289 A.2d 575 (1972), that court held that it is not
required that “each person who had casual contact with the accused, once he was in police
custody or being interrogated, must testify to the voluntariness of the confession in order for the
prosecution to satisfy its burden. But when it is contended that someone employed coercive
tactics to obtain inculpatory statements, the charge must be rebutted.” Id.
Because the State was not on notice of these allegations prior to the defendant testifying,
it had no way to anticipate having Siebel testify. Now that the defendant has invoked his name
and made these allegations the State respectfully requests the opportunity to call the necessary
witnesses to rebut these allegations.

From Pacer
09/17/2015 128 ORDER ADOPTING REPORT AND RECOMMENDATIONS 125 pltf's motion for summary judgment is denied 73 ; defts' motion for summary judgment 102 is granted in part and denied in part; pltf's official-capacity claims against defts are dismissed with prejudice; and pltf's individual-capacity claims against defts Holladay, Speer, Hazel, Lowe, Allison, Evans, Mitchell and Stowe are dismissed with prejudice; pltf may proceed with his excessive-force claims against only defts Bennett and Seibel in their individual capacities. Signed by Judge Billy Roy Wilson on 9/17/15. (tjb) (Entered: 09/17/2015)

11/10/2015 135 ORDER granting 131 motion for appointment of counsel; appointing Chet D. Dunlap to represent Plaintiff in this proceeding; directing the Clerk to send counsel a copy of this order and a copy of Local Rule 83.7; directing the Clerk to forward counsel a copy of this file 21 days after the entry of this order; and denying Plaintiff's 129 motion for a scheduling order and 130 motion to view or listen to CDs. Signed by Magistrate Judge Jerry W. Cavaneau on 11/10/2015. (rhm) (Entered: 11/10/2015)

 

[arkansasmimi]

This is odd/interesting. This is from the Fed civil suit filed 10/13/2015 from an alleged incident that happened in May when AL went to look at the evidence in his criminal case. Pros John F Johnson is one of the Defendants and listed as main in the case title. Looks like his summons was not executed for some reason. :thinking: Maybe since Pros is not an employee of the PCSO, since the Judge ordered they be served through the PCSO? Seems all things legal go by how it is literally written, JMO.
U.S. District Court
Eastern District of Arkansas (Little Rock)
CIVIL DOCKET FOR CASE #: 4:15-cv-00630-SWW-BD


Lewis v. Johnson et al
Assigned to: Judge Susan Webber Wright
Referred to: Magistrate Judge Beth Deere
Cause: 42:1983 Prisoner Civil Rights
Date Filed: 10/13/2015
Jury Demand: Plaintiff
Nature of Suit: 555 Prison Condition: Civil Rights
Jurisdiction: Federal Question

11/16/2015 6 ORDER directing the Clerk of Court to prepare a summons for Defendants Garcia, Stone, Murphy, Austin, and Johnson. The U.S. Marshal service is directed to serve copies of the 2 complaint and the 5 amended complaint, along with any attachments, and a summons for each of these Defendants, without requiring prepayment of fees and costs or security. Service for these Defendants should be through the Pulaski County Sheriff's Office. Signed by Magistrate Judge Beth Deere on 11/16/2015. (ks) (Entered: 11/16/2015)
11/16/2015 7 PARTIAL RECOMMENDED DISPOSITION recommending that the claims against Defendants Bennett, Grayson, Allen, Swaggerty, McDonald, Talley, Deleon, and Freeman be DISMISSED, without prejudice, because Mr. Lewis has not stated claims against these Defendants in his amended complaint. In addition, claims against Defendants Garcia, Stone, Murphy, Austin, and Johnson in their official capacities should be DISMISSED, without prejudice. Objections due within 14 days of this Recommendation. Signed by Magistrate Judge Beth Deere on 11/16/2015. (ks) (Entered: 11/16/2015)
11/17/2015 Summons Issued as to Joseph Austin, Jose Garcia, John F Johnson, Richard Murphy, Cody Stone. Forwarded to the USMS for service. (ks) (Entered: 11/17/2015)
11/25/2015 8 SUMMONS Returned Executed. Jose Garcia served on 11/20/2015. (scw) (Entered: 11/25/2015)
11/25/2015 9 SUMMONS Returned Executed. Cody Stone served on 11/20/2015. (scw) (Entered: 11/25/2015)
11/25/2015 10 SUMMONS Returned Executed. Richard Murphy served on 11/20/2015. (scw) (Entered: 11/25/2015)
11/25/2015 11 SUMMONS Returned Executed. Joseph Austin served on 11/20/2015. (scw) (Entered: 11/25/2015)
11/30/2015 12 Summons Returned Unexecuted as to John F Johnson. (scw) (Entered: 11/30/2015)


ETA: On other cases states US Marshall Service to serve those Defendants that worked at PCSO... But Pros does not work at PCSO.. odd that was worded that way this time. So since Pros doesn't work at PCSO they returned the Pros? looks like it JMHO
example in the case at PCSO :
12/12/2014 4 INITIAL ORDER FOR PRO-SE PRISONER-PLAINTIFFS Granting 1 Motion for Leave to Proceed in forma pauperis and Directing Monthly Payments be made from Prison Account of Arron Michael Lewis until the $350 filing fee is paid in full. The Clerk of the Court is directed to send a copy of this Order to the Warden of the Tucker Maximum Security Unit, the ADC Trust Fund Centralized Banking Office, and the ADC Compliance Office. The Clerk of the Court shall prepare a summons for Defendants and the United States Marshal is directed to serve a copy of the 3 amended complaint, this order and summons upon them without prepayment of fees and costs or security therefor. Signed by Magistrate Judge H. David Young on 12/12/2014. (mcz) (Entered: 12/12/2014)
12/12/2014 Summons Issued as to Allison, Bennett, Hazel, Doc Holladay, Carl Johnson, Lowe, Mitchell, Sarah Speer. Forwarded to USMS for service. (mcz) (Entered: 12/15/2014)

 

[jstkiddn]

Haven't been online or checked Pacer in a while ... I know that AL has a Hearing in Hot Springs, AR on one of the Federal civil suits tomorrow. This was the one he filed against ADOC, the intake~Malvern location. Diff jurisdiction than the ones at Tucker/Varner. Western Division US Fed Court. That judge has ordered copies of AL full medical records to be sent to him and then copies sent to AL. ADOC policies state inmates (or family for that matter) can not have copies of those. Inmates can look at them and make notes once a week but not have copies. Maybe if someone is near there, they will go to the hearing and let give us an update of what happened.

I was going to try to go but life is getting in the way this morning.

That being said, unless it was eaten by cyberspace, I never received an email from VINE saying AL was on "out to court" status. Has the hearing rescheduled or something? Shouldn't VINE still work, even though it's Federal Court?

 

[arkansasmimi]

I was going to try to go but life is getting in the way this morning.

That being said, unless it was eaten by cyberspace, I never received an email from VINE saying AL was on "out to court" status. Has the hearing rescheduled or something? Shouldn't VINE still work, even though it's Federal Court?

Had a busy day but I never got a call either. I would think that the VINE would continue with the person not facility. I know when CL was moved it stated where she was going..as in from county jail to ADOC. I just looked and it appears that they canceled todays hearing. Was to have been at 10 am so I guess they canceled it early in morning? May have to do with the last entry, have to go read. Anywho...

11/24/2015 61 RESPONSE to Motion re 56 MOTION to Compel filed by Denise J. Barthel, Karcey J. Kiker. (Attachments: # 1 Exhibit A- Supplemental Discovery Responses)(Eubanks, Brent) (Entered: 11/24/2015)
12/01/2015 62 ORDER cancelling hearing scheduled for Tuesday, December 1, 2015. Signed by Honorable Barry A. Bryant on December 1, 2015. (Attachments: # 1 Exhibit A)(dkg) (Entered: 12/01/2015)
12/01/2015 63 SUPPLEMENT by Plaintiff Arron Michael Lewis to 56 MOTION to Compel. (src) (Entered: 12/01/2015)

 

[arkansasmimi]

This is the Order the Judge signed in part 10/21/2015...

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
AARON MICHAEL LEWIS PLAINTIFF
v. Civil No. 6:14-cv-06147
KARCEY J. KIKER, Advanced Practice
Nurse (APN); NURSE DENISE J. BARTHEL,
and NURSE ANDREA HAZELWOOD DEFENDANTS

ORDER

Motion to Compel (Doc. 50)

Plaintiff maintains the Defendants are refusing to supply him with necessary documents.
Plaintiff asserts that the Defendants have improperly claimed that every request submitted by the
Plaintiff is burdensome or voluminous and that Plaintiff needs to be more specific in his requests.
Furthermore, with respect to his request for his medical records, Plaintiff states Defendants have
refused to provide him copies and have limited him to inspecting the records and taking notes.
Plaintiff maintains this is inadequate.

In response, Defendants state the Motion to Compel should be denied because the Plaintiff
made no effort to confer with them regarding the discovery dispute prior to filing the Motion to
Compel as is required by Rule 7.2(g) of the Local Rules for the Eastern and Western Districts of
Arkansas and Rule 37(a)(1) of the Federal Rules of Civil Procedure.

Defendants are correct that parties are required to confer in good faith regarding discovery
disputes prior to filing a Motion to Compel. Plaintiff is reminded of this obligation and is advised
that the Court will consider no further Motions to Compel unless Plaintiff submits a letter or some
other evidence of efforts he has made to confer in good faith with the Defendants.
Rule 26(b)(1) of the Federal Rules of Civil Procedure provides in relevant part that "[p]arties
may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or
defense--including the existence, description, nature, custody, condition, and location of any
documents or other tangible things and the identity and location of persons who know of any
discoverable matter." Rule 33(b)(4) provides that "[t]he grounds for objecting to an interrogatory
shall be stated with specificity" and "[a]ny ground not stated in a timely objection is waived unless
the court, for good cause shown, excuses the failure." Fed. R. Civ. P. 33(b)(4). Rule 34 similarly
states production or inspection will be permitted as requested “or state an objection to the request,
including the reasons.” Fed. R. Civ. P. 34(b)(2)(B).

Moreover, like the federal rules, Rule 33.1(b) of the Local Rules of the Eastern and Western
Districts, provides that "blanket objections" are not recognized. Instead, "[o]bjections must be made
to the specific interrogatory or request, or to a part thereof if it is compound.” Further Rule 33.1(b)
provides that "t is not sufficient to state that the interrogatory or request is burdensome, improper,
or not relevant. The ground or grounds for the objection must be stated with particularity."

This is a civil rights action in which the Plaintiff contends the Defendants failed to provide
him with adequate medical care in violation of the Eighth Amendment of the United States
Constitution. In request for production one, Plaintiff asks for copies of his medical records.
Defendants responded noting that the Arkansas Department of Correction (ADC) Health Services
Policy prohibits the production of medical records to inmates. However, Defendants state Plaintiff
can review his medical records and take notes during his review. Defendants also state that the
records will be made available for any court proceeding. If Plaintiff has any dificulty reviewing the
medical records, he is asked to inform Defendants’ counsel.

I agree with Plaintiff that merely reviewing the records and taking notes is insufficient.
However, rather than direct the Defendants to provide a copy of the records to Plaintiff, the Court
will issue a subpoena to obtain these documents and once obtained a copy will be sent to the
Plaintiff. Accordingly, the Clerk is directed to issue a subpoena to the Medical Records
Custodian of Correct Care Solutions, Attn: Jane Fletcher, Medical Records ADC Administration
Building, 6814 Princeton Pike Road, Pine Bluff, AR 71602. The subpoena should require the
production of the following:
all records, whether print or electronic, regarding the care, treatment, and diagnosis
of Arron Michael Lewis (ADC# 151373) from October 3, 2014, to the present date.

 

[arkansasmimi]

The subpoena should be served by certified mail, return receipt requested. The records shall
be produced by November 20, 2015. The records should be delivered to United States District
Court, Western District of Arkansas, Pro Se Office, 35 E. Mountain Room 510, Fayetteville, AR
72701. The records should be accompanied with an affidavit of the records custodian.

In request for production two, Plaintiff asks for all “emails to or from defendants Kiker and
Barthel regarding the Plaintiff.” Defendants object on the grounds that any actions taken regarding
a Correct Care Solutions (CCS) employee would be a personnel matter and privileged and protected
by quality control management. Further, they state such information is not relevant or reasonably
calculated to lead to the discovery of admissible evidence on the issue of whether the Defendants
were deliberately indifferent to Plaintiff’s medical needs.

This response is insufficient. First, Plaintiff’s request seeks onlye-mails concerning himself.
Second, the e-mails are between named Defendants both of whom are medical personnel.
Defendants are directed to supplement their response by providing the Plaintiff with the responsive
e-mails, if any exist.

In request for production three, Plaintiff asks for all CCS protocols. Defendants object on
the grounds the request is overly broad and would result in the production of voluminous amounts
of material. The Plaintiff is asked to specifywhich protocol, policy, or procedure is being requested.
Further, Defendants state the policy and procedure manuals are available for review at the office of
defense counsel.

Defendants’ counsel apparently has forgotten that the Plaintiff is incarcerated in the ADC and
therefore cannot come to his office to review the materials. However, the Court believes Defendants
are correct in objecting on the grounds that the request is overly broad. Plaintiff is directed to narrow
his request by being as specific as possible. For example, Plaintiff could request any policy or
procedures dealing with the provision of medical care on intake. To assist the Plaintiff in narrowing
his requests, Defendants’ counsel is directed to provide Plaintiff with a copy of the table of contents
of the policy and procedures manuals.

Request for production number four, asks for all training and/or orientation manuals for
nurses employed by CCS. Defendants have made the blanket objection that the information sought
is overly broad, unduly burdensome, and is not relevant or reasonably calculated to lead to the
discovery of admissible evidence. This blanket objection is insufficient. Defendants are directed
to supplement their response to this request.

Defendants have also responded to request for production five and six by referencing the
blanket objections they made in response to request four. These blanket objections are insufficient.
Defendants are directed to supplement their responses to requests five and six.

In request for production seven, Plaintiff has asked for the contract between CCS and the
ADC. Defendants object to the production of the contract itself. The objection is well taken. The
contract reflects a business relationship between CCS and ADC. CCS does not deny that it is the
contract provider of medical, dental, and psychiatric services for the ADC. Defendants will not be
required to provide the Plaintiff with a copy of the contract.

Request for production number eight is not at issue. In request for production nine, Plaintiff
asks for all documents that list examples of medical emergencies, guidelines to discern emergencies
and procedures for emergencies. Defendants made blanket objections and then state that each
emergency is treated on a case by case basis. While this may very well be true, Defendants failed
to indicate whether there are documents that list examples of medical emergencies, guidelines to
discern emergencies, and procedures for emergencies. Defendants are directed to supplement their
responses. If no such documents exist, Defendants should so state. Requests for production ten and
eleven are not at issue.
As set forth above, the Motion to Compel (Doc. 50) is GRANTED IN PART. Defendants
should supplement their responses by November 20, 2015.
IT IS SO ORDERED this 21st day of October 2015.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE

 

[arkansasmimi]

In the Supplement to Motion to Compel that was entered 12/1/2015, AL states that instead of sending documents as ordered for CCS -the contract medical group used by ADOC, instead they sent documents for ADOC. View attachment 63 Supplement to 56 Plantiff Motion to Compel Dec 1 2015.pdf

 

[arkansasmimi]

Filed Dec 2 2015 ...still never got that out to court status Jstkiddn did you ever rec an email? Must have happened prior to leaving the ADOC?

N THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
ARRON MICHAEL LEWIS, ADC #151373 PLAINTIFF
v. NO. 6:14-CV-06147 RTD/BAB
ANDREA HAZLEWOOD, KACEY KIKER
and DENISE BARTHEL DEFENDANTS
MOTION TO DISMISS
Come now Defendants, AndreaHazlewood,KaceyKiker andDeniseBarthel (“Defendants”),
by and through their attorneys, Humphries, Odum &Eubanks, and for their Motion to Dismiss, state:
1. Plaintiff filed his Complaint on December 18, 2014, and his Amended Complaint on
March 18, 2015. Docket Entry Numbers (“DE ##”) 1 and 7.
2. On October 1, 2015, Defendants filed a Motion for Hearing on the Issue of
Exhaustion and supporting Brief. DE ## 48-49.
3. On October 7, 2015, Plaintiff filed a Motion for an evidentiary hearing to resolve
discovery and exhaustion issues. DE # 51.
4. On October 20, 2015, an Order was entered granting the parties’ Motions. DE #53.
A hearing to resolve the issue of exhaustion was set for December 1, 2015, at 10:00 am in Hot
Springs.
5. On November 12, 2015, the Court issued a Writ of Habeas Corpus Ad Testificandum
to Plaintiff, ordering Plaintiff to appear in Hot Springs to testify at the hearing. DE # 58.
6. On December 1, 2015, this Court entered an Order canceling the hearing as a result
of Plaintiff’s conduct during the attempted transport. DE # 62. Specifically, it was noted that
Plaintiff “was doing whatever he could to delay or complicate the transport.” DE # 62-1.
7. Plaintiff needlesslyincreased the cost of this litigation byhis actions. Defendants had
to pay the witness’s mileage and witness fee associated with her appearance. Defendants also
incurred the cost of counsel’s time and travel.
8. Because Plaintiff’s intentional actions led to his failure to appear at the hearing as
ordered pursuant to the Writ of Habeas Corpus Ad Testificandum, Plaintiff’s lawsuit should be
dismissed pursuant to Fed. R. Civ. P. 41(b), for failure to comply with this Court’s Order.
WHEREFORE, Defendants, Andrea Hazlewood, Kacey Kiker and Denise Barthel, request
that their Motion to Dismiss be granted and that Plaintiff’s lawsuit be dismissed with prejudice.
Respectfully submitted:
HUMPHRIES, ODUM & EUBANKS
Attorneys at Law

 

[arkansasmimi]

This was attached today as an Exhibit to the Order to Cancel Hearing. On Letterhead from Ark Dept of Correction:

TO: Honorable Barry A. Bryant
FROM: Gary Hill, Central Transportation/Medical Services Coordinator
RE: Court Transport
DATE: Tuesday December 1, 2015
On Tuesday December 1, 2015, Sgt. Stanley and Sgt. Gordon arrived at VSM to
transport inmate Lewis A. # 151173 to court for a scheduled 10:00 am hearing. While
inmate Lewis was being placed in restraints he became argumentative with staff about
some restraint restrictions. Staff attempted to explain to Lewis those restrictions were
only applicable when he was being moved within the unit.
In route to court Lewis advised transportation staff that his right shoulder had dislocated,
and he needed medical attention. I advised staff to stop in Pine Bluff at the RLW unit
and to have Lewis seen by medical staff. When Lewis arrived at RLW he was examined
by APN Cannon in the infirmary. During this medical examination Lewis became very
argumentative with APN Cannon after she advised that his shoulder did not appear to be
dislocated. At this time I told staff to return Lewis to the van. After leaving the unit Lewis
advised that he now needed to go back inside to use the bathroom. I told him we would
stop at the Transportation unit, and he could use the bathroom there.
It appeared to me that all attempts to transport Lewis on this morning were futile. Lewis
was doing whatever he could to delay or complicate the transport. This is not the first
time Lewis has acted out in this way while being transported. I advised him that I was not
going to tolerate this behavior anymore, and if he continued to act out he would not be
transported. We then transported him to the Transportation unit for a bathroom break.
While Lewis was at the Transportation office he continued to be argumentative with staff.
At this time I placed a phone call to Honorable Barry A. Bryant and advised him of Lewis'
behavior. I was advised by the Honorable Bryant that he did not want Lewis in court
acting as he was. I advised the Honorable Bryant I was going to have Lewis returned to
VSM.

 

[jstkiddn]

Wow.....what is that clown's problem? And no, I never did receive a VINE notice.

Bet you money this incident winds up as another lawsuit.

 

[arkansasmimi]

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
AARON MICHAEL LEWIS PLAINTIFF
v. Civil No. 6:14-cv-06147
KARCEY J. KIKER, Advanced Practice
Nurse (APN), Ouachita River Unit (ORU);
and NURSE DENISE J. BARTHEL, ORU DEFENDANTS

SHOW CAUSE ORDER

This case was scheduled for a Summary Judgment Hearing on December 1, 2015. That
morning, the undersigned received a phone call indicating that Plaintiff was doing whatever he could
to delay or complicate the transport. As a result, the writ of habeas corpus ad testificandum and the
hearing were cancelled.
Plaintiff is given until December 18, 2015, to show cause why this case should not be
dismissed as a result of the Plaintiff’s conduct and his failure to comply with the order of the Court
to attend the hearing. Failure to respond to this Order will result in the dismissal of this complaint
with prejudice.
IT IS SO ORDERED this 3rd day of December 2015.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE

 

[arkansasmimi]

This is odd/interesting. This is from the Fed civil suit filed 10/13/2015 from an alleged incident that happened in May when AL went to look at the evidence in his criminal case. Pros John F Johnson is one of the Defendants and listed as main in the case title. Looks like his summons was not executed for some reason. :thinking: Maybe since Pros is not an employee of the PCSO, since the Judge ordered they be served through the PCSO? Seems all things legal go by how it is literally written, JMO.
U.S. District Court
Eastern District of Arkansas (Little Rock)
CIVIL DOCKET FOR CASE #: 4:15-cv-00630-SWW-BD


Lewis v. Johnson et al
Assigned to: Judge Susan Webber Wright
Referred to: Magistrate Judge Beth Deere
Cause: 42:1983 Prisoner Civil Rights
Date Filed: 10/13/2015
Jury Demand: Plaintiff
Nature of Suit: 555 Prison Condition: Civil Rights
Jurisdiction: Federal Question

11/16/2015 6 ORDER directing the Clerk of Court to prepare a summons for Defendants Garcia, Stone, Murphy, Austin, and Johnson. The U.S. Marshal service is directed to serve copies of the 2 complaint and the 5 amended complaint, along with any attachments, and a summons for each of these Defendants, without requiring prepayment of fees and costs or security. Service for these Defendants should be through the Pulaski County Sheriff's Office. Signed by Magistrate Judge Beth Deere on 11/16/2015. (ks) (Entered: 11/16/2015)
11/16/2015 7 PARTIAL RECOMMENDED DISPOSITION recommending that the claims against Defendants Bennett, Grayson, Allen, Swaggerty, McDonald, Talley, Deleon, and Freeman be DISMISSED, without prejudice, because Mr. Lewis has not stated claims against these Defendants in his amended complaint. In addition, claims against Defendants Garcia, Stone, Murphy, Austin, and Johnson in their official capacities should be DISMISSED, without prejudice. Objections due within 14 days of this Recommendation. Signed by Magistrate Judge Beth Deere on 11/16/2015. (ks) (Entered: 11/16/2015)
11/17/2015 Summons Issued as to Joseph Austin, Jose Garcia, John F Johnson, Richard Murphy, Cody Stone. Forwarded to the USMS for service. (ks) (Entered: 11/17/2015)
11/25/2015 8 SUMMONS Returned Executed. Jose Garcia served on 11/20/2015. (scw) (Entered: 11/25/2015)
11/25/2015 9 SUMMONS Returned Executed. Cody Stone served on 11/20/2015. (scw) (Entered: 11/25/2015)
11/25/2015 10 SUMMONS Returned Executed. Richard Murphy served on 11/20/2015. (scw) (Entered: 11/25/2015)
11/25/2015 11 SUMMONS Returned Executed. Joseph Austin served on 11/20/2015. (scw) (Entered: 11/25/2015)
11/30/2015 12 Summons Returned Unexecuted as to John F Johnson. (scw) (Entered: 11/30/2015)


ETA: On other cases states US Marshall Service to serve those Defendants that worked at PCSO... But Pros does not work at PCSO.. odd that was worded that way this time. So since Pros doesn't work at PCSO they returned the Pros? looks like it JMHO
example in the case at PCSO :
12/12/2014 4 INITIAL ORDER FOR PRO-SE PRISONER-PLAINTIFFS Granting 1 Motion for Leave to Proceed in forma pauperis and Directing Monthly Payments be made from Prison Account of Arron Michael Lewis until the $350 filing fee is paid in full. The Clerk of the Court is directed to send a copy of this Order to the Warden of the Tucker Maximum Security Unit, the ADC Trust Fund Centralized Banking Office, and the ADC Compliance Office. The Clerk of the Court shall prepare a summons for Defendants and the United States Marshal is directed to serve a copy of the 3 amended complaint, this order and summons upon them without prepayment of fees and costs or security therefor. Signed by Magistrate Judge H. David Young on 12/12/2014. (mcz) (Entered: 12/12/2014)
12/12/2014 Summons Issued as to Allison, Bennett, Hazel, Doc Holladay, Carl Johnson, Lowe, Mitchell, Sarah Speer. Forwarded to USMS for service. (mcz) (Entered: 12/15/2014)

Guess I was right on this one... and AL has filed Motions on all his Fed Civil Suits to now have Counsel appointed. JMO


12/02/2015 13 MOTION to Appoint Counsel by Arron Michael Lewis. (kdr) (Entered: 12/02/2015)
12/03/2015 14 ORDER directing the Clerk of Court to prepare a summonsfor Defendant Johnson, and the U.S. Marshal service is directed to serve copies of the 2 complaint and the 5 amended complaint, along with any attachments and a summons for this Defendant, without requiring prepayment of fees and costs or security. Service for this Defendant should be through the Pulaski County Prosecutor's Office, Sixth Judicial District. Signed by Magistrate Judge Beth Deere on 12/3/2015. (ks) (Entered: 12/03/2015)

 

[KateB]

New thread is open and ready for posting.

AR - Beverly Carter, 49, Little Rock, 25 Sep 2014 - #11 - ARRESTS - C. Lowery guilty