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This case was last updated from PACER on 07/05/2019 at 09:15:53 (UTC).

Padgett v. Big Sandy Regional Detention Center et al

Case Summary

On 04/22/2019 Padgett filed a Prisoner - Civil Right lawsuit against Big Sandy Regional Detention Center. This case was filed in U.S. District Courts, Kentucky Eastern District. The Judges overseeing this case are P SO and Gregory F. VanTatenhove. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    7:19-CV-00033

  • Filing Date:

    04/22/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Civil Right

  • Court:

    U.S. District Courts

  • Courthouse:

    Kentucky Eastern District

Judge Details

Referral Judge

P SO

Presiding Judge

Gregory F. VanTatenhove

 

Party Details

Plaintiff

Michael Dewayne Padgett

Eddyville, KY 42038

Defendants

Deputy Kenneth Swaffer

Big Sandy Regional Detention Center

James Workman

Lt. Michael Copley

Johnson Co. Sheriffs Department

Kenny

Lt. Josh Cole

Attorney/Law Firm Details

Defendant Attorney

Jonathan C. Shaw

Attorney at Porter Banks Baldwin & Shaw - Paintsville

327 Main Street, P.O. Drawer 1767

Paintsville, KY 41240-1767

 

Court Documents

#29

(#29) ANSWER to #1 Complaint, with Jury Demand by Josh Cole, Kenneth Swaffer, James Workman.(Shaw, Jonathan) (Entered: 07/03/2019)

#28

(#28) NOTICE of Appearance by Jonathan C. Shaw on behalf of Josh Cole, Kenneth Swaffer, James Workman (Shaw, Jonathan) (Entered: 07/03/2019)

#27

DOCUMENT UNAVAILABLE

#26

(#26) ORDER: 1. Clerk shall send copy of this order to: Jail Administrator Big Sandy Regional Detention Center. 2. Within 21 days, counsel for BSRDC shall determine whether agency possesses valid forwarding address for Lieutenant Josh Cole, Deputy Kenneth Swaffer, and Lieutenant James Workman, former employees of BSRDC. 3. If BSRDC does not possess requested information, counsel shall so advise Court. 4. If BSRDC does possess relevant address(es), BSRDC or its counsel shall file addresses ex parte in order to permit USMS to effect personal service on former employees while maintaining their confidentiality. The addresses will be maintained ex parte, only used for purpose of service of process, and will not be provided to pla or general public. Signed by Judge Gregory F. VanTatenhove on 6/19/2019. (TDA) cc: COR, Padgett & BSRDC via US Mail (Entered: 06/19/2019)

#25

(#25) ORDER: defense counsel's Motion to Amend/Correct (R. #24 ) is GRANTED. Court NOTICES Mr. Jonathan Shaw as Counsel of Record for Dft Lieutenant Michael Copely in his individual capacity. Signed by Judge Gregory F. VanTatenhove on 6/10/2019. (TDA) cc: COR & Padgett via US Mail (Entered: 06/12/2019)

24 #1

Proposed Order

#24

(#24) MOTION to Amend/Correct #17 Notice of Appearance, #12 Notice of Appearance by Josh Cole, Michael Copley, Johnson Co. Sheriffs Department, Kenneth Swaffer, James Workman Per Court's Deficiency Order [R. 18] Motions referred to P SO. (Attachments: #1 Proposed Order)(Shaw, Jonathan) (Entered: 06/10/2019)

#17

(#24) MOTION to Amend/Correct #17 Notice of Appearance, #12 Notice of Appearance by Josh Cole, Michael Copley, Johnson Co. Sheriffs Department, Kenneth Swaffer, James Workman Per Court's Deficiency Order [R. 18] Motions referred to P SO. (Attachments: #1 Proposed Order)(Shaw, Jonathan) (Entered: 06/10/2019)

#12

(#24) MOTION to Amend/Correct #17 Notice of Appearance, #12 Notice of Appearance by Josh Cole, Michael Copley, Johnson Co. Sheriffs Department, Kenneth Swaffer, James Workman Per Court's Deficiency Order [R. 18] Motions referred to P SO. (Attachments: #1 Proposed Order)(Shaw, Jonathan) (Entered: 06/10/2019)

6 #1

Sample Caption Page

5 #1

*Restricted*

#5

(#5) CASE TRANSFERRED IN from District of Kentucky Western. Case number 1:19-cv-00046. File and docket sheet received electronically. cc: Padgett w/ docket sheet (Entered: 04/22/2019)

#4

(#4) ORDER by Chief Judge Greg N. Stivers on 4/22/2019. IT IS ORDERED that the instant action shall be TRANSFERRED to the United States District Court for the Eastern District of Kentucky, Southern Division at Pikeville, pursuant to 28 U.S.C. 1406(a) for all further proceedings. All further filings shall be filed with that court. Should any filings in this action be filed in this Court in the future, the Clerk of Court shall transfer the filings to the Eastern District of Kentucky. cc: Plaintiff, pro se; Clerk, ED/KY, Southern Division (CDF) [Transferred from kywd on 4/22/2019.] (Entered: 04/22/2019)

#2

(#2) Case Assignment (Random Selection): Case Assigned to Chief Judge Greg N. Stivers. (JWM) [Transferred from kywd on 4/22/2019.] (Entered: 04/12/2019)

#3

(#8) ORDER: 1. Padgett's motion to proceed in forma pauperis (R. #3 ) is GRANTED. Section 1915(b)(1) requires inmate pay $350 filing fee for civil action; 2. Because of the lack of available assets currently in Padgett's account, payment of an initial partial filing fee is DEFERRED; 3. Clerk shall open account for receipt of filing fee. Clerk complete Form EDKY 525 containing: (1) Padgett's name, (2) inmate registration #, and (3) case number. Clerk serve copy of Order and Notice upon warden of institution currently confined; 4. Each month custodian shall send Clerk payment in amount equal to 20% of income, but only if exceeds $10, until entire $350 paid. 5. Immediately advise Clerk of change in address. Failure may result in dismissal; and 6. This matter stands submitted for initial screening. Signed by Judge Gregory F. VanTatenhove on 5/6/2019. (Attachments: #1 Form EDKY 525) (TDA) cc: Padgett & Warden via US Mail & Finance (Entered: 05/06/2019)

1 #2

Summons

1 #1

Supplement

#1

(#21) ANSWER to #1 Complaint, with Jury Demand by Michael Copley.(Shaw, Jonathan) (Entered: 06/01/2019)

32 More Documents Available

 

Docket Entries

  • 07/03/2019
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  • (#29) ANSWER to #1 Complaint, with Jury Demand by Josh Cole, Kenneth Swaffer, James Workman.(Shaw, Jonathan) (Entered: 07/03/2019)

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  • 07/03/2019
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  • (#28) NOTICE of Appearance by Jonathan C. Shaw on behalf of Josh Cole, Kenneth Swaffer, James Workman (Shaw, Jonathan) (Entered: 07/03/2019)

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  • 06/26/2019
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  • ***FILE SUBMITTED TO CHAMBERS of Gregory F. VanTatenhove for review: #27 Sealed Document. (MJY) (Entered: 06/26/2019)

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  • 06/25/2019
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  • (#27) SEALED DOCUMENT Sealed pursuant to LEAVE OF COURT re #26 Order,,, by Big Sandy Regional Detention Center, Josh Cole, Michael Copley, Kenneth Swaffer, James Workman (Shaw, Jonathan) (Entered: 06/25/2019)

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  • 06/19/2019
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  • (#26) ORDER: 1. Clerk shall send copy of this order to: Jail Administrator Big Sandy Regional Detention Center. 2. Within 21 days, counsel for BSRDC shall determine whether agency possesses valid forwarding address for Lieutenant Josh Cole, Deputy Kenneth Swaffer, and Lieutenant James Workman, former employees of BSRDC. 3. If BSRDC does not possess requested information, counsel shall so advise Court. 4. If BSRDC does possess relevant address(es), BSRDC or its counsel shall file addresses ex parte in order to permit USMS to effect personal service on former employees while maintaining their confidentiality. The addresses will be maintained ex parte, only used for purpose of service of process, and will not be provided to pla or general public. Signed by Judge Gregory F. VanTatenhove on 6/19/2019. (TDA) cc: COR, Padgett & BSRDC via US Mail (Entered: 06/19/2019)

    Read MoreRead Less
  • 06/12/2019
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  • (#25) ORDER: defense counsel's Motion to Amend/Correct (R. #24 ) is GRANTED. Court NOTICES Mr. Jonathan Shaw as Counsel of Record for Dft Lieutenant Michael Copely in his individual capacity. Signed by Judge Gregory F. VanTatenhove on 6/10/2019. (TDA) cc: COR & Padgett via US Mail (Entered: 06/12/2019)

    Read MoreRead Less
  • 06/10/2019
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  • (#24) MOTION to Amend/Correct #17 Notice of Appearance, #12 Notice of Appearance by Josh Cole, Michael Copley, Johnson Co. Sheriffs Department, Kenneth Swaffer, James Workman Per Court's Deficiency Order [R. 18] Motions referred to P SO. (Attachments: #1 Proposed Order)(Shaw, Jonathan) (Entered: 06/10/2019)

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  • 06/05/2019
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  • (#23) PROPOSED Subpoenas submitted by Michael Dewayne Padgett pro se. (Attachments: #1 Envelope Postmarked 6/3/19)(TDA) (Entered: 06/05/2019)

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  • 06/03/2019
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  • (#22) ORDER: Padgett's Motion to Appoint Counsel #19 is DENIED. Signed by Judge Gregory F. VanTatenhove on 6/3/2019. (RCB)cc: COR, Padgett via U.S. mail (Entered: 06/03/2019)

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  • 06/01/2019
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  • (#21) ANSWER to #1 Complaint, with Jury Demand by Michael Copley.(Shaw, Jonathan) (Entered: 06/01/2019)

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12 More Docket Entries
  • 05/06/2019
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  • (#9) MEMORANDUM OPINION & ORDER: 1. The allegations in Claims 1-4 against Dfts Lieutenant Michael Copley, Lieutenant Josh Cole, Deputy Kenneth Swaffer, and Lieutenant James Workman in their individual capacities survive Court's 28:1915(e)(2) screening and may PROCEED as set forth below; 2. The allegations in Claims 1-4 against Dfts in their official capacities are DISMISSED; 3. Claims 5 & 6 are DISMISSED; 4. Clerk shall prepare 4 "Service Packets" for Lieutenant Michael Copley, Lieutenant Josh Cole, Deputy Kenneth Swaffer, and Lieutenant James Workman. Each Packet shall include: a. completed summons form; b. complaint; c. order Grant IFP; d. this order; and e. completed USM Form 285. 5. Clerk shall send Service Packets to USMS in Lexington, KY and note date of delivery. 6. USMS personally serve dfts at Big Sandy Regional Detention Center through agreement with BSRDC. 7. Padgett must immediately advise Clerk of any change of mailing address. Failure may result in dismissal of case. 8. Every motion must include certification of mailing to dfts and state date. Court will disregard letters sent to chambers or lacking a certificate of service. Signed by Judge Gregory F. VanTatenhove on 5/6/2019. (TDA) cc: Padgett & USM (Entered: 05/06/2019)

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  • 05/06/2019
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  • (#8) ORDER: 1. Padgett's motion to proceed in forma pauperis (R. #3 ) is GRANTED. Section 1915(b)(1) requires inmate pay $350 filing fee for civil action; 2. Because of the lack of available assets currently in Padgett's account, payment of an initial partial filing fee is DEFERRED; 3. Clerk shall open account for receipt of filing fee. Clerk complete Form EDKY 525 containing: (1) Padgett's name, (2) inmate registration #, and (3) case number. Clerk serve copy of Order and Notice upon warden of institution currently confined; 4. Each month custodian shall send Clerk payment in amount equal to 20% of income, but only if exceeds $10, until entire $350 paid. 5. Immediately advise Clerk of change in address. Failure may result in dismissal; and 6. This matter stands submitted for initial screening. Signed by Judge Gregory F. VanTatenhove on 5/6/2019. (Attachments: #1 Form EDKY 525) (TDA) cc: Padgett & Warden via US Mail & Finance (Entered: 05/06/2019)

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  • 04/22/2019
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  • ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #3 MOTION for Leave to Proceed in forma pauperis. (TDA) (Entered: 04/22/2019)

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  • 04/22/2019
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  • (#6) IMPORTANT NOTICE to Pro Se Filer: Information relating to pro se filings and F.R.Civ.P. 5.2 requiring personal identifiers be partially redacted from documents filed with the court. #Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers. cc: pro se filer via U.S. Mail (Attachments: #1 Sample Caption Page) (TDA) (Entered: 04/22/2019)

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  • 04/22/2019
  • Conflict Check run. (TDA) (Entered: 04/22/2019)

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  • 04/22/2019
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  • (#5) CASE TRANSFERRED IN from District of Kentucky Western. Case number 1:19-cv-00046. File and docket sheet received electronically. cc: Padgett w/ docket sheet (Entered: 04/22/2019)

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  • 04/22/2019
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  • (#4) ORDER by Chief Judge Greg N. Stivers on 4/22/2019. IT IS ORDERED that the instant action shall be TRANSFERRED to the United States District Court for the Eastern District of Kentucky, Southern Division at Pikeville, pursuant to 28 U.S.C. 1406(a) for all further proceedings. All further filings shall be filed with that court. Should any filings in this action be filed in this Court in the future, the Clerk of Court shall transfer the filings to the Eastern District of Kentucky. cc: Plaintiff, pro se; Clerk, ED/KY, Southern Division (CDF) [Transferred from kywd on 4/22/2019.] (Entered: 04/22/2019)

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  • 04/12/2019
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  • (#2) Case Assignment (Random Selection): Case Assigned to Chief Judge Greg N. Stivers. (JWM) [Transferred from kywd on 4/22/2019.] (Entered: 04/12/2019)

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  • 04/11/2019
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  • (#3) MOTION for Leave to Proceed in forma pauperis by Plaintiff Michael Dewayne Padgett, pro se (JWM) [Transferred from kywd on 4/22/2019.] (Entered: 04/12/2019)

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  • 04/11/2019
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  • (#1) COMPLAINT against Big Sandy Regional Detention Center, Josh Cole, Michael Copley, Johnson Co. Sheriffs Department, Kenneth Swaffer, James Workman, filed by Michael Dewayne Padgett, pro se. (Attachments: #1 Supplement, #2 Summons) (JWM) [Transferred from kywd on 4/22/2019.] (Entered: 04/12/2019)

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