THOMPSON v. CITY OF INDIANAPOLIS et al
| BILLIE THOMPSON |
| MARK BRITTON, WILLIAM BUECKERS, BRIAN BURNETT, CITY OF INDIANAPOLIS, LANCE COPE, PHILLIP GREENE, HEALTH AND HOSPITAL CORPORATION OF MARION COUNTY, INDIANAPOLIS DEPARTMENT OF PUBLIC SAFETY, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, BILLY JOHNSON, MARION COUNTY SHERIFF'S DEPARTMENT, WILLIAM PATTERSON and DONALD SPIEGL |
| 1:2015cv01712 |
| October 28, 2015 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Debra McVicker Lynch |
| Tanya Walton Pratt |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Federal Question: Other 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
202
ENTRY - GRANTING CITY DEFENDANTS' RENEWED 187 MOTION FOR SUMMARY JUDGMENT. Summary judgment in favor of City Defendants is appropriate on the sole remaining claim of failure to protect/intervene because there is no underlying constitutional violation to support such a claim. Thompson has conceded the propriety of summary judgment. Therefore, the Court GRANTS City Defendants' Renewed Motion for Summary Judgment (Filing No. 187 ). All claims have been fully resolved in this matter, the Court will issue final judgment under separate order. (See Entry.) Signed by Judge Tanya Walton Pratt on 11/8/2018. (NAD)
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Filing
166
ORDER granting 153 Motion for Interlocutory Appeal. The Medical Defendants may proceed to seek interlocutory appeal pursuant to Federal Rule of Appellate Procedure 5 regarding the question of the applicability of the Indiana Medical Malpractice Act to Thompson's claims. Signed by Judge Tanya Walton Pratt on 12/27/2017. (CBU)
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Filing
154
ENTRY ON CITY DEFENDANTS' MOTION FOR SUMMARY JUDGMENT - The Court GRANTS in part and DENIES in part the City Defendants' Motion for Summary Judgment (Filing No. 90 ). Summary judgment is DENIED on Thompson's constitutional claim for a failure to protect or intervene against Officer Burnett, Officer Spiegl, Officer Bueckers, Ranger Greene, and Sergeant Johnson to the extent the claim is based on Medic Cope's administration of the chemical restraint to Heishman. Su mmary judgment is GRANTED in favor of each of the City Defendants on all other claims asserted in Thompson's Complaint. With no remaining claims pending against them, Defendants City of Indianapolis, Indianapolis Department of Public Safety, Indianapolis Metropolitan Police Department, and Marion County Sheriff's Department are terminated as defendants in this matter. See entry for details. Signed by Judge Tanya Walton Pratt on 9/29/2017. (MEJ)
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Filing
151
ORDER - 95 Motion for Partial Summary Judgment is granted in part and denied in part. The Court grants the Motion for Partial Summary Judgment to the extent the constitutional claims could be interpreted as being brought against Medic Cope in his official capacity. Therefore, any official capacity claims brought under Section 1983 against Medic Cope or HHC are dismissed. The Court denies the Medical Defendants' Motion for Partial Summary Judgment on the excessive force claim. The Court grants the Medical Defendants' Motion for Partial Summary Judgment on this claim. The Motion for Partial Summary Judgment is granted as to this claim. Summary judgment is GRANTED in favor of the Medical Defendants on any official ca pacity claims brought under Section 1983. Summary judgment also is GRANTED in favor of the Medical Defendants on Thompson's claims for deliberate indifference/objective unreasonableness and a failure to intervene. However, Thompson's claim for excessive force against Medic Cope remains pending for trial in this litigation. See order for details. Signed by Judge Tanya Walton Pratt on 9/25/2017. (MEJ)
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Filing
149
ENTRY ON MEDICAL DEFENDANTS' MOTION FOR RECONSIDERATION - 59 Motion for Reconsideration is denied. For the foregoing reasons, the Court determines that it did not commit a manifest error of law or fact in its previous Order denying the Medical Defendants' motion to dismiss, and the newly submitted evidence does not justify an amendment or alteration to the Court's previous Order. Signed by Judge Tanya Walton Pratt on 9/19/2017. (MEJ)
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Filing
136
ENTRY ON MOTIONS FOR LEAVE TO FILE EVIDENCE AND SURREPLY - For the foregoing reasons, the Court GRANTS Medical Defendants' Motion for Leave to File Supplemental Evidence (Filing No. 76 ) and DENIES Thompson's Motion for Leave to File Su rreply (Filing No. 78 ). Thompson's proposed surreply (Filing No. 78-1) and its exhibits (Filing No. 78-2; Filing No. 78-3) are STRICKEN from the docket. Thompson is granted leave to file a response to Medical Defendants' new evidence and argument within ten (10) days of the date of this Entry. (See Entry.) Signed by Judge Tanya Walton Pratt on 4/28/2017. (JLS)
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Filing
54
ORDER ON DEFENDANTS' PARTIAL MOTION TO DISMISS - For the foregoing reasons, HHC's and Medic Cope's Partial Motion to Dismiss (Filing No. 19) is GRANTED in part and DENIED in part. The Court finds that it has subject matter jurisdict ion over the state law claims in Counts IV, VII, VIII, X and XI against HHC and/or Medic Cope. This court does not have subject matter jurisdiction over Count VI and that Count is dismissed as to Defendant HHC. **SEE ORDER** Signed by Judge Tanya Walton Pratt on 8/31/2016. (JLS)
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