Brown v. Kimbrell et al
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|Date Filed||#||Document Text|
|May 29, 2018
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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