Haggerty v. Kemic et al
| Harold A Haggerty, III |
| R Parker, George Payne, Michael Edwards, Troy Kemic and John Doe |
| 2:2011cv00134 |
| April 12, 2011 |
| US District Court for the Northern District of Indiana |
| Hammond Office |
| LaPorte |
| Paul R Cherry |
| James T Moody |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
9
ORDER: GRANTS Harold A. Haggerty, III, leave to proceed against Captain GeorgePayne, Sergeant DePealo, and Officer Troy Kimiec in their individual capacities for monetary and punitive damages for excessive use of force in shoving him into a wall with out justification on December 6, 2010 in violation of the Eighth Amendment and in their individual capacities for monetary and punitive damages for excessive use of force for macing him without justification on December 6, 2010, in violation of the E ighth Amendment; GRANTS Harold A. Haggerty, III, leave to proceed against Captain GeorgePayne in his individual capacity for monetary and punitive damages for inhumaneconditions of confinement on December 6, 2010, in violation of the Eighth Amendment ; DISMISSES all other claims; DISMISSES defendants Officer M. Edwards and Officer R. Baker; DIRECTS Clerk to transmit the summons and USM-285s for Captain George Payne, Sergeant DePealo, and Officer Troy Kimiec to the United States Marshals Service a long with a copy of this order and a copy of the amended complaint; DIRECTS the United States Marshals Service, pursuant to 28 U.S.C. § 1915(d), to effect service of process on Captain George Payne, Sergeant DePealo, and Officer Troy Kimiec; and ORDERS, pursuant to 42 U.S.C. § 1997e(g)(2), that Captain George Payne, Sergeant DePealo, and Officer Troy Kimiec respond, as provided for in the FEDERAL RULES OF CIVIL PROCEDURE and N.D. IND. L.R. 10.1, only to the claims for which the plaintiff has been granted leave to proceed in this screening order. Signed by Senior Judge James T Moody on 6/29/2011. (cc: Haggerty, USMS)(rmn)
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