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Clayborne v. Frakes

United States District Court, D. Nebraska

July 13, 2018

ROBERT EARL CLAYBORNE JR., Plaintiff,
v.
SCOTT FRAKES, et al., Defendants.

          MEMORANDUM AND ORDER

          RICHARD G. KOPF SENIOR UNITED STATES DISTRICT JUDGE

         Plaintiff, Robert Earl Clayborne, Jr., an inmate at the Tecumseh State Correctional Institution (“TSCI”), filed this § 1983 action on May 28, 2015, seeking to recover monetary damages from several prison officials for allegedly violating Plaintiff's Eighth Amendment rights by failing to protect his safety during a prison riot that occurred at TSCI on May 10, 2015 (Filing No. 1). On August 12, 2016, Defendants moved for summary judgment on the basis of qualified immunity (Filing No. 50). The motion was granted by the court in a memorandum and order dated October 27, 2016 (Filing No. 57), and a final judgment dismissing Plaintiff's action with prejudice was entered that same day (Filing No. 58).

         Plaintiff appealed to the Eighth Circuit, which affirmed this court's judgment on November 1, 2017 (Filing Nos. 73, 74). The Court of Appeals issued its mandate on November 28, 2017 (Filing No. 75). Plaintiff then filed a petition for a writ of certiorari on November 29, 2017 (Filing No. 76), which was denied by the Supreme Court on May 14, 2018 (Filing No. 78).

         Now pending before the court are two motions that were filed by Plaintiff on June 15, 2018: (1) a motion for relief from judgment, pursuant to Rule 60 of the Federal Rules of Civil Procedure (Filing No. 80); and (2) a motion for an evidentiary hearing (Filing No. 79). Both motions will be denied.

         I. SUMMARY OF MOTIONS

         Plaintiff claims he has newly discovered evidence in the form of a log-in sheet that lists the names of TSCI staff members who were on duty at the prison on May 10, 2015, between 2:00 pm and 10:00 pm. Plaintiff states the log-in sheet was sent to him by Defendants' attorney of record on July 12, 2016 (one month prior to the filing of Defendants' motion for summary judgment). Plaintiff contends that because the log-in sheet does not list the name of James Jensen, a non-party TSCI employee who submitted an affidavit in support of Defendants' motion for summary judgment, [1]Defendants were granted qualified immunity based on false statements. Plaintiff requests an evidentiary hearing in order to prove that the log-in sheet is newly discovered evidence. Plaintiff states he is impaired by mental disorders, and has provided a copy of a 2010 Social Security determination that he was then disabled by reason of depression and disc disease.

         II. DISCUSSION

         Rule 60 provides, in relevant part:

(b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);
(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; [or]
***
(6) any other reason that justifies relief.

(c) Timing and Effect of the Motion.

(1) Timing. A motion under Rule 60(b) must be made within a reasonable time-and for reasons (1), (2), and (3) no more than a year after the entry of the judgment or order or the date of the proceeding.
* * *

(d) Other Powers to Grant Relief. This rule does not limit a ...


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