Madison County Associate Judge Clarence Harrison II has declined to issue a summons to a non-party in a prisoner's lawsuit against Madison County Sheriff Robert Hertz and his office in the days leading up to a hearing on a motion to dismiss.
Harrison entered his order denying plaintiff Hubert Hill's request July 10.
Hill is suing the sheriff, his office, and other defendants in connection with what he claims was their refusal to give him proper psychiatric care.
The suit names Dr. Robert Blankenship, a prison psychiatrist, for allegedly changing Hill's bi-polar medication.
The plaintiff seeks damages in excess of $50,000, an order barring Blankenship from practicing psychiatry, and other relief.
The defendants have moved to dismiss the suit.
Harrison is set to hear the motion to dismiss Aug. 12 at 8:30 a.m.
Hill moved July 18 asking that Harrison summon sheriff's Deputy Donald McNaught to the Aug. 12 hearing because "this person has direct knowledge of the issue at hand."
Hill argued in the move that McNaught's presence at the hearing is needed.
Harrison entered an order July 19 denying the summons.
The judge writes in his order that the court does not issue summons with regards to non-parties in the case.
Hill represents himself.
He previously sued his former attorney Morgan Scroggins for allegedly refusing to talk to
Hill or assist in his defense.
Heidi Eckert represents the defendants.
The case was formerly assigned to Madison County Circuit Judge Dennis Ruth.
The case is Madison case number 11-L-027.