Laich III v. Indiana Department of Correction et al
| Joseph Laich III |
| Indiana Department of Correction, Miami Correctional Facility, Miami Correctional Facility Weapons Team, Kathy Griffin, D Tucker, F. Truax, T Dice, T Heishman, J Heater, A Burton and D Carlile |
| 3:2017cv00786 |
| October 19, 2017 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| Miami |
| Philip P Simon |
| Michael G Gotsch |
| Civil Rights |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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Filing
14
OPINION AND ORDER: The Court GRANTS Joseph Laich, III, leave to proceed against Sgt. Trevor Heishman and Sgt. Tim Dice in their individual capacities for compensatory damages for shooting him in the head with a gas-powered wooden projectile on Mar ch 10, 2017, in violation of the Eighth Amendment; GRANTS leave to proceed against the IDOC for compensatory damages on the State law claim raised in the Indiana Attorney General Tort Claim File Number 17-06871; DISMISSES all other claims; DISMISSE S Miami Correctional Facility, Kathy Griffin, Danny Tucker, Faith Truax, John Heater, Allen Burton, David Carlile, and Miami Corr. Facility Weapons Team; DENIES the motion for summary judgment 8 ; and ORDERS, pursuant to 42:1997e(g)(2), Sgt. Trevo r Heishman, Sgt. Tim Dice, and the IDOC to respond to the amended complaint 12 by 6/28/2018, 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 5/10/2018. (Copy mailed as directed in Order)(lhc)
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