Brown v. Kimbrell et al

Plaintiff: Tyler Ray Brown
Defendant: Darren Kimbrell, David Howe and Allen Pavel
Case Number: 1:2018cv00026
Filed: February 12, 2018
Court: Indiana Northern District Court
Office: Fort Wayne Office
County: Steuben
Referring Judge: Susan L Collins
Presiding Judge: Theresa L Springmann
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
May 29, 2018 4 Opinion or Order of the Court OPINION AND ORDER: The Court GRANTS Tyler Ray Brown leave to proceed against Darren Kimbrell in his individual capacity for compensatory and punitive damages for promoting an environment of racial hatred which resulted in his fighting with another inmate on December 8, 2017, either to punish Brown or for a reason not rationally related to a legitimate nonpunitive governmental purpose in violation of the Fourteenth Amendment; GRANTS him leave to proceed against David Howe and Allen Pavel in their individual capacities for compensatory and punitive damages for using force against him on December 9, 2017, either to punish Brown or for a reason not rationally related to a legitimate nonpunitive governmental purpose or excessively in re lation to a legitimate purpose in violation of the Fourteenth Amendment; DISMISSES all other claims; DIRECTS, pursuant to 28:1915(d), the USMS to effect service of process on Defendants Darren Kimbrell, David Howe, and Allen Pavel at the Steuben C ounty Jail; and ORDERS, pursuant to 42:1997e(g)(2), Darren Kimbrell, David Howe, and Allen Pavel to respond, as provided for in the Fed.R.Civ.P. and N.D. Ind. L.R. 10-1(b), only to the claims for which the Court has determined that the Plaintiff has stated a claim for relief. Signed by Chief Judge Theresa L Springmann on 5/29/2018. (Copy mailed to pro se party and USMS)(lhc)

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Plaintiff: Tyler Ray Brown
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Defendant: Darren Kimbrell
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Defendant: David Howe
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Defendant: Allen Pavel
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