JOHNSON v. ADAMS
| MICHAEL KEVIN JOHNSON |
| DREW ADAMS, INDIANA DEPARTMENT OF CORRECTION, INDIANA DEPARTMENT OF CORRECTION, RDC, INDIANA PUBLIC DEFENDER OFFICE, CHRISTINA KLINEMAN, MARION CO. ARRESTEE PROCESSING CENTER, MARION CO. JAIL, MARION CO. JAIL I, MARION SUPERIOR COURT, RYAN O'CONNELL, PAROLE DISTRICT and ZACHARY TODD ROSENBARGER |
| 1:2015cv00472 |
| March 20, 2015 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A. Baker |
| William T. Lawrence |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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| Document Text |
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Filing
65
Entry Discussing Motion for Summary Judgment - Plaintiff Michael Kevin Johnson brings this action pursuant to 42 U.S.C. § 1983 alleging that defendant Deputy Sherriff William Ennis used excessive force against him. Ennis moves for summary judg ment arguing that Johnson failed to exhaust his available administrative remedies as required by the Prison Litigation Reform Act ("PLRA"). Johnson has responded and Ennis has replied. The defendant has shown that Johnson failed to exhaus t his available administrative remedies and Johnson has failed to show that those remedies were somehow unavailable to him. Accordingly, the motion for summary judgment [dkt 39 ] is granted. Judgment consistent with this Entry shall now issue. (See Entry.) Copy to Plaintiff via US Mail. Signed by Judge William T. Lawrence on 11/29/2016. (BRR)
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Filing
8
Entry Discussing Complaint and Directing Further Proceedings: To facilitate the foregoing, the current Sheriff of Marion County, in his official capacity, shall be added as a defendant solely for the purpose of responding to discovery regarding the identities of the unidentified sheriff deputy. In summary, the plaintiff's complaint has stated a viable claim that he was subjected to excessive force but fails to identify the defendant who exhibited that force. Accordingly, the Sherriff of Marion County shall be substituted in his official capacity for the sole purpose of conducting discovery to determine the identity of the sheriff deputy. All other claims are dismissed ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge William T. Lawrence on 6/19/2015. Copy sent via US Mail.(DW)
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