Scroggin v. Diaz et al

Scroggin v. Diaz et al

Case Number:	3:2020cv00663
Filed:	February 1, 2021
Court:	US District Court for the Northern District of Indiana
Office:	South Bend Office
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights

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Date Filed	Document Text
August 24, 2022	Filing 45 OPINION AND ORDER granting 41 Motion for Partial Summary Judgment. The court DISMISSES Brandon Lee Scroggin's claims against defendants Daniel Diaz, Q. Livers, Armstrong and Angenea Williams in their individual capacities for compensatory an d punitive damages for deliberate indifference to his serious medical needs when they denied him access to medical care following the use of force in the stairwell outside C-1 Dorm on February 5, 2020, in violation of the Eighth Amendment and ag ainst defendant James Henrich in his individual capacity for compensatory and punitive damages for deliberate indifference to his serious medical needs when he denied Mr. Scroggin access to medical care while in the observation cell on February 5, 2020, in violation of the Eighth Amendment and REMINDS the parties Brandon Lee Scroggin is proceeding in this case only on his remaining claims against defendant Daniel Diaz and Q. Livers in their individual capacities for compensatory and punitive damages for using excessive force in the stairwell outside C-1 Dorm on February 5,2020, in violation of the Eighth Amendment and against defendant Armstrong in his individual capacity for compensatory and punitive damages for failure to intervene in the use of excessive force in the stairwell outside C-1 Dorm on February 5, 2020, in violation of the Eighth Amendment. Signed by Judge Robert L Miller, Jr on 8/24/22. (Copy mailed to pro se party). (nal)
February 1, 2021	Filing 13 OPINION AND ORDER GRANTING Brandon Lee Scroggin leave to proceed against defendant Daniel Diaz and Q. Livers in their individual capacities for compensatory and punitive damages for using excessive force in the stairwell outside C-1 Dorm on February 5, 2020, in violation of the Eighth Amendment; GRANTING Mr. Scroggin leave to proceed against defendant Armstrong in his individual capacity for compensatory and punitive damages for failure to intervene in the use of excessive force in the stairwell outside C-1 Dorm on February 5, 2020, in violation of the Eighth Amendment; GRANTING Mr. Scroggin leave to proceed against defendants Daniel Diaz, Q. Livers, Armstrong, and Angenea Williams in their individual capacities for compensatory and puniti ve damages for deliberate indifference to his serious medical needs when they denied him access to medical care following the use of force in the stairwell outside C-1 Dorm on February 5, 2020, in violation of the Eighth Amendment; GRANTING Mr. Scrog gin leave to proceed against defendant James Henrich in his individual capacity for compensatory and punitive damages for deliberate indifference to his serious medical needs when he denied Mr. Scroggin access to medical care while in the observation cell on February 5, 2020, in violation of the Eighth Amendment; DISMISSING all other claims; DISMISSING defendants Connie Byers, Coronet, and Galipeau; DIRECTING the clerk to request a Waiver of Service from (and if necessary, the United States Ma rshals Service to serve process on) Daniel Diaz, Q. Livers, Armstrong, Angenea Williams, and James Henrich at the Indiana Department of Correction and to send them a copy of this order and the complaint (ECF 3) pursuant to 28 U.S.C. § 1915(d); O RDERING the Indiana Department of Correction to provide the United States Marshals Service with the full name, date of birth, social security number, last employment date, work location, and last known home address of any defendant who does not waive service if it has such information; and ORDERING, pursuant to 42 U.S.C. § 1997e(g)(2), defendants Daniel Diaz, Q. Livers, Armstrong, Angenea Williams, and James Henrich to respond, as provided for in the Federal Rules of Civil Procedure 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 Robert L Miller, Jr on 2/1/2021. (mrm)

Date Filed

Document Text

August 24, 2022

Filing 45 OPINION AND ORDER granting 41 Motion for Partial Summary Judgment. The court DISMISSES Brandon Lee Scroggin's claims against defendants Daniel Diaz, Q. Livers, Armstrong and Angenea Williams in their individual capacities for compensatory an d punitive damages for deliberate indifference to his serious medical needs when they denied him access to medical care following the use of force in the stairwell outside C-1 Dorm on February 5, 2020, in violation of the Eighth Amendment and ag ainst defendant James Henrich in his individual capacity for compensatory and punitive damages for deliberate indifference to his serious medical needs when he denied Mr. Scroggin access to medical care while in the observation cell on February 5, 2020, in violation of the Eighth Amendment and REMINDS the parties Brandon Lee Scroggin is proceeding in this case only on his remaining claims against defendant Daniel Diaz and Q. Livers in their individual capacities for compensatory and punitive damages for using excessive force in the stairwell outside C-1 Dorm on February 5,2020, in violation of the Eighth Amendment and against defendant Armstrong in his individual capacity for compensatory and punitive damages for failure to intervene in the use of excessive force in the stairwell outside C-1 Dorm on February 5, 2020, in violation of the Eighth Amendment. Signed by Judge Robert L Miller, Jr on 8/24/22. (Copy mailed to pro se party). (nal)

February 1, 2021

Filing 13 OPINION AND ORDER GRANTING Brandon Lee Scroggin leave to proceed against defendant Daniel Diaz and Q. Livers in their individual capacities for compensatory and punitive damages for using excessive force in the stairwell outside C-1 Dorm on February 5, 2020, in violation of the Eighth Amendment; GRANTING Mr. Scroggin leave to proceed against defendant Armstrong in his individual capacity for compensatory and punitive damages for failure to intervene in the use of excessive force in the stairwell outside C-1 Dorm on February 5, 2020, in violation of the Eighth Amendment; GRANTING Mr. Scroggin leave to proceed against defendants Daniel Diaz, Q. Livers, Armstrong, and Angenea Williams in their individual capacities for compensatory and puniti ve damages for deliberate indifference to his serious medical needs when they denied him access to medical care following the use of force in the stairwell outside C-1 Dorm on February 5, 2020, in violation of the Eighth Amendment; GRANTING Mr. Scrog gin leave to proceed against defendant James Henrich in his individual capacity for compensatory and punitive damages for deliberate indifference to his serious medical needs when he denied Mr. Scroggin access to medical care while in the observation cell on February 5, 2020, in violation of the Eighth Amendment; DISMISSING all other claims; DISMISSING defendants Connie Byers, Coronet, and Galipeau; DIRECTING the clerk to request a Waiver of Service from (and if necessary, the United States Ma rshals Service to serve process on) Daniel Diaz, Q. Livers, Armstrong, Angenea Williams, and James Henrich at the Indiana Department of Correction and to send them a copy of this order and the complaint (ECF 3) pursuant to 28 U.S.C. § 1915(d); O RDERING the Indiana Department of Correction to provide the United States Marshals Service with the full name, date of birth, social security number, last employment date, work location, and last known home address of any defendant who does not waive service if it has such information; and ORDERING, pursuant to 42 U.S.C. § 1997e(g)(2), defendants Daniel Diaz, Q. Livers, Armstrong, Angenea Williams, and James Henrich to respond, as provided for in the Federal Rules of Civil Procedure 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 Robert L Miller, Jr on 2/1/2021. (mrm)

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