Sample v. Indiana State Prison et al

Sample v. Indiana State Prison et al

Case Number:	3:2019cv00538
Filed:	February 5, 2021
Court:	US District Court for the Northern District of Indiana
Office:	South Bend Office
Nature of Suit:	Prison Conditions
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights

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Date Filed	Document Text
November 12, 2021	Filing 38 OPINION AND ORDER: The court GRANTS the defendants' summary judgment motion 25 ; and DIRECTS the clerk to enter judgment in favor of the defendants and against Curtis F. Sample and to close this case. Signed by Judge Damon R Leichty on 11/12/2021. (lhc)
February 5, 2021	Filing 18 OPINION AND ORDER: The court GRANTS Curtis F. Sample leave to proceed against Lt. Moses Itodo in his individual capacity for compensatory and punitive damages for subjecting Mr. Sample to excessive force when he shoved him into a fence post on June 2 4, 2017; GRANTS Curtis F. Sample leave to proceed against Lt. Moses Itodo and Ofc. Terrie Garcia in their individual capacities for compensatory and punitive damages for subjecting Mr. Sample to unsanitary living conditions from being housed in a cel l with feces, urine, blood, vomit, and semen from June 24, 2017 to July 6, 2017, in violation of the Eighth Amendment; DISMISSES Indiana Department of Correction, Indiana Department of Social and Health Services, Indiana State Prison, Governor Eric H olcomb, Commissioner Robert Carter, Jr., Warden Ron Neal, Dan McBride, Kenneth Gann, Mr. Payne, Wexford of Indiana Mr. Bodlovich, Mr. Newkirk, Ofs. Shanta Owens, and Lt. K. St. Martin; DISMISSES all other claims; DIRECTS the clerk to request Waiver o f Service from (and if necessary, the United States Marshals Service to serve process on Lt. Moses Itodo and Ofc. Terrie Garcia at the Indiana Department of Correction with a copy of this order and the complaint 1 , pursuant to 28 U.S.C. § 1915 (d); ORDERS the Indiana Department of Correction to provide the United States Marshal Service with the full name, date of birth, social security number, last employment date, work location, and last known home address of any defendant that does not w aive service, if it has such information; and ORDERS, pursuant to 42 U.S.C. § 1997e(g)(2), that Lt. Moses Itodo and Ofc. Terrie Garcia respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claim for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Damon R Leichty on 2/5/2021. (bas)

Date Filed

Document Text

November 12, 2021

Filing 38 OPINION AND ORDER: The court GRANTS the defendants' summary judgment motion 25 ; and DIRECTS the clerk to enter judgment in favor of the defendants and against Curtis F. Sample and to close this case. Signed by Judge Damon R Leichty on 11/12/2021. (lhc)

February 5, 2021

Filing 18 OPINION AND ORDER: The court GRANTS Curtis F. Sample leave to proceed against Lt. Moses Itodo in his individual capacity for compensatory and punitive damages for subjecting Mr. Sample to excessive force when he shoved him into a fence post on June 2 4, 2017; GRANTS Curtis F. Sample leave to proceed against Lt. Moses Itodo and Ofc. Terrie Garcia in their individual capacities for compensatory and punitive damages for subjecting Mr. Sample to unsanitary living conditions from being housed in a cel l with feces, urine, blood, vomit, and semen from June 24, 2017 to July 6, 2017, in violation of the Eighth Amendment; DISMISSES Indiana Department of Correction, Indiana Department of Social and Health Services, Indiana State Prison, Governor Eric H olcomb, Commissioner Robert Carter, Jr., Warden Ron Neal, Dan McBride, Kenneth Gann, Mr. Payne, Wexford of Indiana Mr. Bodlovich, Mr. Newkirk, Ofs. Shanta Owens, and Lt. K. St. Martin; DISMISSES all other claims; DIRECTS the clerk to request Waiver o f Service from (and if necessary, the United States Marshals Service to serve process on Lt. Moses Itodo and Ofc. Terrie Garcia at the Indiana Department of Correction with a copy of this order and the complaint 1 , pursuant to 28 U.S.C. § 1915 (d); ORDERS the Indiana Department of Correction to provide the United States Marshal Service with the full name, date of birth, social security number, last employment date, work location, and last known home address of any defendant that does not w aive service, if it has such information; and ORDERS, pursuant to 42 U.S.C. § 1997e(g)(2), that Lt. Moses Itodo and Ofc. Terrie Garcia respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claim for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Damon R Leichty on 2/5/2021. (bas)

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