Huey v. Emmendorfer et al
| Anthony Paul Huey |
| Deputy Emmendorfer, Deputy Unknown, Sgt Fisher and Deputy Kitchen |
| 3:2017cv00655 |
| August 22, 2017 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| St. Joseph |
| Philip P Simon |
| Michael G Gotsch |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
| Document Text |
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Filing
63
OPINION AND ORDER DENYING 54 MOTION for Summary Judgment filed by Deputy Kitchen, Deputy Carrico, Deputy Emmendorfer, and 59 MOTION for Summary Judgment filed by Anthony Paul Huey. Signed by Judge Damon R Leichty on 2/12/20. (Copy mailed to pro se party)(ksp)
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Filing
16
OPINION AND ORDER: CONSTRUES the motion 15 as a Rule 15(a)(1)(B) notice; DIRECTS the Clerk to edit the docket entry 15 to indicate that it is a notice; DIRECTS the Clerk to separately docket the amended complaint 15 -1; GRANTS Anthony Paul Huey leave to proceed against Deputies Emmendorfer and Carrico in their individual capacities for using excessive force in violation of the Fourteenth Amendment after he left the visitation room at the St Joseph County Jail on October 2, 2016; GRANTS Pl a leave to proceed against Deputies Emmendorfer and Carrico in their individual capacities for denying medical treatment in violation of the Fourteenth Amendment after he left the visitation room at the St Joseph County Jail on October 2, 2016; G RANTS Pla leave to proceed against Deputy Kitchen in his individual capacity for failing to intervene to stop excessive force from being used against him in violation of the Fourteenth Amendment at the St Joseph County Jail on October 2, 2016; DISM ISSES all other claims; DISMISSES Sgt. Fisher; DIRECTS the Clerk and the USMS Service to issue and serve process on Deputies Emmendorfer, Carrico, and Kitchen at the St Joseph County Jail with a copy of this order and the amended complaint 15 -1, p ursuant to 28:1915(d); and (10) ORDERS, pursuant to 42:1997e(g)(2), that Deputies Emendorfer, Carrico, and Kitchen 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 plaintiff has been granted leave to proceed in this screening order. Signed by Judge Philip P Simon on 3/19/2018. (Copy mailed to defendant(s))(lhc)
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Filing
8
OPINION AND ORDER: GRANTS Anthony Paul Huey leave to proceed against Deputy Emmendorfer in his individual capacity for using excessive force in violation of the Fourteenth Amendment when he was escorting him from the visitation room at the St Jos eph County Jail on October 2, 2016; and in his individual capacity for denying medical treatment in violation of the Fourteenth Amendment after he left the visitation room at the St Joseph County Jail on October 2, 2016; GRANTS him leave to proceed a gainst Deputy Kitchen in his individual capacity for failing to intervene to stop excessive force from being used against him in violation of the Fourteenth Amendment at the St Joseph County Jail on October 2, 2016; DISMISSES all other claims; D ISMISSES Deputy Unknown and Sgt. Fisher; DIRECTS the Clerk and the US Marshals Service to issue and serve process on Deputy Emmendorfer and Deputy Kitchen at the St Joseph County Jail with a copy of this order and the complaint 1 , pursuant to 2 8 U.S.C. § 1915(d); and 7 ORDERS, pursuant to 42 U.S.C. § 1997e(g)(2), that Deputy Emmendorfer and Deputy Kitchen respond, as provided for in the Fed. Civ R. P. and N.D. Ind. L.R. 10-1(b), only to the claims for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Philip P Simon on 2/13/2018. (Copy mailed as directed in Order)(lhc)
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