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Barnes v. Allstate Insurance Company

Docket 2:24-cv-00192, Kentucky Eastern District Court (Nov. 14, 2024)
Judge Danny C. Reeves, presiding, Magistrate Judge Candace J. Smith
Insurance
DivisionCovington
FlagsDCR, REFERA
Cause28:1441 Petition for Removal- Breach of Contract
Case Type110 Insurance
Tags110 Insurance, 110 Insurance
Deadline(8) Motion to amend pleadings/join additional parties due by May 2, 2025.
Deadline(2) Expert witness list: Plaintiff- July 2, 2025
Plaintiff Kelly Barnes
Defendant Allstate Insurance Company
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Matthews v. Paul, Warden et al

Docket 5:24-cv-00192, Kentucky Eastern District Court (July 22, 2024)
Judge Danny C. Reeves, presiding, P SO
Habeas Corpus - Prison Condition
DivisionLexington
FlagsDCR, CLOSED, REFERP
Cause42:1983 Prisoner Civil Rights
Case Type555 Habeas Corpus - Prison Condition
Tags555 Habeas Corpus, Prison Condition, 555 Habeas Corpus, Prison Condition
Plaintiff Jermaine Matthews
Defendant David Paul, Warden
Defendant Michael Broughton
...
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No. 10 JUDGMENT: 1. Plaintiff Jermaine Matthews' complaint [Record No. 1 ] is DISMISSED with prejudice

Document Matthews v. Paul, Warden et al, 5:24-cv-00192, No. 10 (E.D.Ky. Aug. 8, 2024)
Motion for Judgment
*** *** *** *** Consistent with the Memorandum Opinion and Order entered this date, and pursuant to
Rule 58 of the Federal Rules of Civil Procedure, it is hereby ORDERED and ADJUDGED as follows:
Plaintiff Jermaine Matthews’ complaint [Record No. 1] is DISMISSED with prejudice.
delay.
This action is DISMISSED and STRICKEN from the docket; and This is a FINAL and APPEALABLE Judgment and there is no just cause for Dated: August 8, 2024.
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No. 9 MEMORANDUM OPINION & ORDER: 1. Plaintiff Matthews' Motion for Leave to Proceed In Forma Pauperis ...

Document Matthews v. Paul, Warden et al, 5:24-cv-00192, No. 9 (E.D.Ky. Aug. 8, 2024)
Motion to Proceed in Forma PauperisDenied
Proceeding without an attorney, Matthews filed a complaint asserting claims against Defendants Warden David Paul, Michael Broughton, Greg Gilbert, and Timothy Terrell pursuant to the doctrine of Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971).
Next, the Eighth Amendment prohibits any punishment which violates civilized standards of decency or “involve[s] the unnecessary and wanton infliction of pain.” Estelle v. Gamble, 429 U.S. 97, 102–03 (1976) (internal quotation marks and citation omitted).
In a series of decisions (most recently Ziglar v. Abbasi, 137 S. Ct. 1843 (2017), Hernandez v. Mesa, 140 S. Ct. 735, 743 (2020), and Egbert v. Boule, 142 S. Ct. 1793 (2022)), the United States Supreme Court reiterated in strong terms that the damages remedy implied in Bivens will rarely extend to contexts that differ meaningfully from three discrete circumstances where it has previously been recognized.
In this case, Matthews’ Eighth Amendment claim based upon allegations that his cell was in an unsafe condition due to prison officials’ neglect presents a context that is entirely new and different from those previously recognized by the Supreme Court as cognizable under Bivens.
As the Sixth Circuit recognized in Callahan, “[r]unning a prison is an inordinately difficult undertaking that requires expertise, planning, and the commitment of resources,” all tasks that fall “peculiarly within the province of the legislative and executive branches.” Id. (quoting Turner v. Safley, 482 U.S. 78, 84-85 (1987)).
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