STEELE v. INDIANA DEPARTMENT OF CORRECTION et al
| SHAUN STEELE |
| CORIZON, CORRECTIONAL INDUSTRIAL FACILITY, DIRECTOR OF MEDICAL CIF, DIRECTOR OF MEDICAL MCF, DIANA ELROD, INDIANA DEPARTMENT OF CORRECTION, WENDY KNIGHT, BRUCE LEMMON, MICHAEL OSBORN and TIM PURCELL |
| 1:2013cv00982 |
| June 19, 2013 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Denise K. LaRue |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
173
ORDER ON MOTION FOR SUMMARY JUDGMENT - The Court GRANTS IN PART AND DENIES IN PART Defendants' 162 Motion for Summary Judgment. Specifically, the Court grants Defendants' request for summary judgment in their favor on Mr. Steele's state law claims against Superintendent Carneygee in her official capacity and denies their request for summary judgment on Mr. Steele's remaining state and federal claims. The following claims survive summary judgment and will proceed to tr ial: Mr. Steele's Eighth Amendment claim against Superintendent Knight in her individual capacity; Mr. Steele's official capacity claims against both Defendants; and Mr. Steele's state law negligence and gross negligence claims agains t Superintendent Knight in her individual capacity. The Clerk is directed to docket the Court's Practices and Procedures, and the Magistrate Judge is asked to set a conference with the parties to establish a schedule for timely resolving this case. (See Order.) Signed by Judge Jane Magnus-Stinson on 12/7/2016. (GSO)
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Filing
101
ENTRY Discussing Motions Relating to the Failure to Exhaust Administrative Remedies Defense. The motion for summary judgment filed by defendant Fleming [dkt. 76] is denied because the plaintiff has provided sufficient evidence to create a genuine issue of material fact as to whether the administrative process was available to him when he attempted to file a grievance on or about November 29, 2013, concerning the November 22, 2013, incident when defendants Flemming and Johnson allegedly denie d him the use of the restroom. See dkt. 98. The motion for Pavey hearing, filed by defendants Superintendent Knight, Matthew Johnson, and Sgt. Peters [dkt. 100] is granted. The merits of the failure to exhaust defense will be resolved as to all def endants at the hearing. The Court will set the Pavey hearing and a pretrial conference to prepare for that hearing in a separate Entry in the near future. Signed by Judge Jane Magnus-Stinson on 10/21/2015. Copy sent to Plaintiff via U.S. Mail. (BGT)
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Filing
34
ENTRY denying 15 Motion for Summary Judgment and Directing Further Proceedings (see Entry). Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 7/15/2014. (SWM)
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Filing
12
ENTRY - This action shall proceed as to Count 1 against Superintendent Wendy Knight. The defendant shall have through September 30, 2013, in which to answer or otherwise respond to the complaint. Signed by Judge Jane Magnus-Stinson on 9/10/2013. (copy to Plaintiff via US Mail) (JKS)
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