BOHANON v. REIGER et al
| BRADFORD BOHANON |
| CITY OF INDIANAPOLIS, MICHAEL REIGER and JOHN SERBAN |
| 1:2016cv02117 |
| August 5, 2016 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Mark J. Dinsmore |
| Jane Magnus-Stinson |
| P.I.: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
249
Entry on Post-Trial Motions - While the Court has great sympathy for Bohanon and the harm he suffered, the City's policies did not give "rise to the harm" as required under Monell; rather, "the harm resulted from the acts of the [City's] agents." See Glisson, 849 F.3d at 379. The City's Motion for Judgment as a Matter of Law ECF No. 213 is granted. The City's Motion for New Trial or to Amend Judgment ECF No. 215 is denied as moot. Plaintiff's Motion for Award of Attorneys' Fees and Expense ECF No. 204 and 33 Plaintiff's Motion for Supplemental Award of Attorney's Fees ECF No. 240 are denied as moot. ***SEE ORDER FOR ADDITIONAL INFORMATION*** Signed by Judge James R. Sweeney II on 9/30/2020. (JDC)
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Filing
128
ENTRY - On July 31, 2017, the Clerk entered default against Defendant Michael Reiger. [Filing No. 92 .] On August 2, 2017, Mr. Bohanon filed the instant unopposed Motion for Entry of Default Judgment against Mr. Reiger, [Filing No. 93 ], request ing that the Clerk enter judgment in the amount of $350,000.00, [Filing No. 93 -1 at 2; Filing No. 93 -2 at 1]. Mr. Reiger has appeared and is proceeding pro se. [See, e.g., Filing No. 100 ; Filing No. 101 .] At a hearing held on October 17, 2017, the Magistrate Judge reminded Mr. Reiger of the entry of default and pending motion for default judgment. [Filing No. 112 .] The time for Mr. Reiger to respond to Mr. Bohanon's Motion for Default Judgment has expired, and the Motio n is therefore ripe for determination. Mr. Bohanon has demonstrated his entitlement to default judgment against Mr. Reiger. The Clerk has entered default against Mr. Reiger, [Filing No. 92 ], and Mr. Reiger has not moved to set aside that default . However, Mr. Bohanon's claim does not seek a sum certain, as his damages from the allegedly tortious actions of Mr. Reiger are not readily ascertainable from documentary evidence. Entry of judgment by the clerk under Rule 55(b)(1) is inappr opriate. The Court therefore GRANTS Mr. Bohanon's Motion for Default Judgment 93 as to liability only. The matter of damages must be determined at a damages hearing pursuant to Rule 55(b)(2). The hearing will be conducted after Mr. Bohanon's claims against Defendant City of Indianapolis have been resolved, either at trial or by settlement. (See Entry). Copy to Defendant Reiger via US Mail. Signed by Judge Jane Magnus-Stinson on 1/17/2018. (APD)
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Filing
71
ORDER - In the late night of August 7 and early morning of August 8, 2014, Plaintiff Bradford Bohanon and Defendants Officer John "Nick" Serban and Officer Michael Reiger were all drinking at Mikie's Pub when a physical altercation ensued between the officers and Mr. Bohanon. [Filing No. 11 at 3-5.] Mr. Bohanon claims he was battered by the officers while inside and outside of the establishment, and that he sustained injuries as a result of the attack. [Filing No. 11 at 6-7.] On August 5, 2016, Mr. Bohanon filed this litigation against Defendants Officer Reiger, Officer Serban, and the City of Indianapolis, alleging several claims pursuant to 42 U.S.C. § 1983. [Filing 2 No. 1.] On December 1, 2016, Mr. Bo hanon filed an Amended Complaint adding 5135 Holdings, Inc. d/b/a Mikie's Pub ("Mikie's Pub") as a party defendant. [Filing No. 11 .] Mikie's Pub has now filed a Motion to Dismiss Plaintiff's Amended Complaint Agains t It Pursuant to Federal Rule of Civil Procedure 12(b)(6), arguing that the allegations of Mr. Bohanon's original and amended complaints establish that his claims against Mikie's Pub are time-barred by the statute of limitations. [Filing No. 30 .] For the reasons detailed below, the Court grants Mikie's Pub's motion to dismiss. the Court STRIKES Mr. Bohanon's two exhibits, [Filing No. 53-1; Filing No. 53-2], and GRANTS Mikie's Pub's Motion to Dismiss Pla intiff's Amended Complaint Against It Pursuant the Federal Rule of Civil Procedure 12(b)(6), [Filing No. 30 ]. Specifically, Mr. Bohanon's claims for premises liability and a violation of Indiana's Dram Shop Act against Mikie' s Pub are time-barred. Mr. Bohanon's claims against Officer Reiger and Officer Serban for assault, battery, false imprisonment, and conversion pursuant to 42 U.S.C. § 1983, and the City of Indianapolis for respondeat superior pursuant to 42 U.S.C. § 1983 remain. No partial judgment shall issue at this time. (See Order.) Signed by Judge Jane Magnus-Stinson on 4/20/2017. (RSF)
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