PIGGIE v. GIBBS et al
CLYDE PIGGIE |
HEATHER GIBBS, M. HORTON, JAMES WYNN, JACKSON, MIZE, MIKE RAINS, PETERSON, STEVENS, RICHTIE, TIMOTHY NICKLES, L. VANNATTA, TAYLOR, NANCY SPRIGAL, MANSHIP, C. FOX, BOND and DICKSON |
1:2009cv01190 |
September 24, 2009 |
US District Court for the Southern District of Indiana |
Indianapolis Office |
Madison |
William T. Lawrence |
Jane Magnus-Stinson |
None |
42 U.S.C. ยง 1983 Civil Rights Act |
None |
Available Case Documents
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Filing 36 ENTRY Discussing Motion for Summary Judgment: The motion for summary judgment as to claims against defendants Peterson, Rains, Fox, Bond, Dickson, Taylor, Manship, and Nickles 21 is GRANTED and these claims are dismissed. An issue of fact remains as to whether Piggie exhausted available administrative remedies for claims against defendants Gibbs, Horton, Wynn, Richtie, and VanNatta. The motion for summary judgment is therefore DENIED as to these defendants. The parties may conduct additio nal discovery on the issue of exhaustion of administrative remedies. The parties shall complete all such additional discovery and certify their readiness for the required hearing by July 30, 2010 **SEE ENTRY**. Signed by Judge William T. Lawrence on 6/9/2010.(DWH) |
Filing 7 ENTRY DISMISSING INSUFFICIENT CLAIMS AND DIRECTING FURTHER PROCEEDINGS. The Complaint has been screened pursuant to 28 U.S.C. § 1915A(b). The official capacity claims are dismissed as legally insufficient because no injunctive relief has been s ought. The Eighth Amendment claims are dismissed as legally insufficient. The due process claims are dismissed as legally insufficient. No partial final judgment shall issue at this time as to the claims resolved in this Entry. The claims which shall proceed are those based on allegations of retaliation against the plaintiff. The plaintiff shall have through November 2, 2009, in which to show proof of service of process on defendants Jackson, Mize, Stevens and Nancy Sprigal. The stay issued on September 28, 2009 is terminated. The defendants who have appeared shall have through November 2, 2009, in which to answer or otherwise respond to the complaint. Signed by Judge David Frank Hamilton on 10/9/2009. c/m. (LBK) |
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