No. 24-6685

Rodney Douglas Eaves v. Ms. Kory, et al.

Lower Court: Tenth Circuit
Docketed: 2025-03-03
Status: Denied
Type: IFP
IFP
Tags: covid-19 eighth-amendment injunctive-relief mootness prisoner-rights pro-se-complaint
Latest Conference: 2025-05-02
Question Presented (from Petition)

1. Was the exposure to COVID-19 sufficiently serious enough to trigger an
Eighth Amendment protection?

2. Does the permanent loss of the sense of smell constitute "unnecessary and
wanton infliction of pain " prohibited by the Eighth Amendment?

3. When injunctive and monetary relief is sought from medical controlled by
a state department, does transfer to a different institution still under the
control of that state department moot injunctive or monetary relief?

4. Is the Mootness defense best raised by the Defendant or can it be a finding
of law and fact found by the Court in an initial screening of a complaint?

5. If the District Court can narrate a perfect summary of a pro se prisoner 's
complaint, that contains what the allegations are, who was involved and
when it happened, does that mean the Plaintiff has provided adequate
notice under Rule 8?

6. If Rule 8 does not require fact specific allegations, can a pro se Plaintiff
allege a group of individuals who acted in concert violated his rights and
still meet the personal involvement and individual liability requirement
under § 1983?

7. Does the Fourteenth Amendment provide a separate basis for a § 1983
claim?

8. Does the Fourteenth Amendment create a liberty interest in a state
prisoner 's grievance procedure?

Question Presented (AI Summary)

Whether COVID-19 exposure in prison constitutes an Eighth Amendment violation and whether transfer between state institutions moots injunctive relief

Docket Entries

2025-07-31
Case considered closed.
2025-05-05
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until May 27, 2025, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2025-04-17
DISTRIBUTED for Conference of 5/2/2025.
2024-08-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 2, 2025)

Attorneys

Rodney D. Eaves
Rodney Douglas Eaves — Petitioner