BEST v. STATE OF INDIANA, et al.
| LARRY BEST, JR. |
| CORIZON HEALTH, INC., DEPARTMENT OF CORRECTIONS, DUNCAN, JOHN HURT, KING, PETERSON, JOHN SAFFORD, STATE OF INDIANA, PAUL A. TALBOT and DUSHAN ZATECKY |
| 1:2016cv02549 |
| September 26, 2016 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Mark J. Dinsmore |
| Tanya Walton Pratt |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 Fed. Question: Violation 5th & 8th Amendme |
| Plaintiff |
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Filing
200
ENTRY ON MOTIONS IN LIMINE - For the foregoing reasons, the Court grants in part and denies in part Best's Motion in Limine (Filing No. 184 ) and the Defendants' Motion in Limine (Filing No. 167 ). An order in limine is not a final, ap pealable order. If the parties believe that evidence excluded by this Order becomes relevant or otherwise admissible during trial, counsel may approach the bench and request a hearing outside the presence of the jury. Likewise, if the parties believe that specific evidence is inadmissible during the course of the trial, counsel may raise specific objections to that evidence. (See Entry.) Signed by Judge Tanya Walton Pratt on 8/1/2019. (NAD)
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Filing
160
ORDER - GRANTING DEFENDANTS' HURT AND PETERSON'S 146 MOTION FOR SUMMARY JUDGMENT. For the foregoing reasons, the Defendants' Motion for Summary Judgment is GRANTED (Filing No. 146). The constitutional claim for deliberate indiffer ence asserted against Defendants Blaine Hurt and Walter Peterson is dismissed. With no remaining claims asserted against them, Blaine Hurt and Walter Peterson are terminated as defendants in this matter. Best's claims asserted against Defendants Indiana Department of Correction, Dushan Zatecky, John Safford, Jeffery King, and Herbert Duncan remain pending for trial. (See Order.) Signed by Judge Tanya Walton Pratt on 5/29/2019. (NAD)
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Filing
155
ENTRY ON PLAINTIFF'S 117 MOTION TO RECONSIDER DISMISSAL OF DUSHAN ZATECKY AND INDIANA DEPARTMENT OF CORRECTIONS AND MOTION TO AMEND COMPLAINT - For the reasons stated above, Best's Motion to Reconsider Dismissal of Dushan Zatecky and In diana Department of Corrections and Motion to Amend Complaint is GRANTED in part and DENIED in part (Filing No. 117 ). The Motion is granted to the extent that it seeks to replead Count I against Zatecky (and the other individual defendants) and Count II against Zatecky and IDOC. However, the Motion is denied to the extent that the proposed amended complaint seeks to assert Count I against IDOC and the State of Indiana and Count III (Count IV in the original Complaint) for inadequate medical care. Best is ORDERED to file a corrected Amended Complaint asserting Counts I and II within seven (7) days of the date of this Entry. (See Entry.) Signed by Judge Tanya Walton Pratt on 2/20/2019. (NAD)
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Filing
107
ORDER DENYING STATE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT - The State Defendants' Motion for Summary Judgment (Filing No. 78 ) is DENIED. On September 20, 2017, the Magistrate Judge stayed this case with the exception of discovery int o and resolution of the State Defendants' Motion for Summary Judgment on the affirmative defense of failure to exhaust administrative remedies (Filing No. 92 ). The Court now lifts the stay. On its own motion, the Court vacates the current t rial date of June 4, 2018 and final pretrial scheduled for May 10, 2018. The matter is rescheduled for final pretrial on March 13, 2019 at 2:00 p.m. in Room 330 and trial by jury on April 8, 2019 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal B uilding and U.S. Courthouse, Indianapolis, Indiana. The parties are ordered to contact the Magistrate Judge within ten (10) days of the date of this Order to establish new case management deadlines that will facilitate the speedy resolution of this long-pending action. (See Order.) Signed by Judge Tanya Walton Pratt on 4/25/2018.(BRR)
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Filing
104
ORDER ON MOTION FOR LEAVE TO FILE LATE EXHIBIT AND MOTION TO STRIKE PLAINTIFF'S SURREPLY - The Court GRANTS Best's Motion for Leave to File Late Exhibit (Filing No. 97 ). Best's Amended Designation of Evidence (Filing No. 97-1) and Best's Affidavit (Filing No. 97-2) are deemed filed. Furthermore, the Court GRANTS the State Defendants' Motion to Strike Plaintiff's Surreply in Opposition to Motion for Partial Summary Judgment (Filing No. 99 ). Best's Surreply and evidence (Filing No. 98 ; Filing No. 98-1; Filing No. 98-2) are stricken from the record. Signed by Judge Tanya Walton Pratt on 4/16/2018. (BRR)
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Filing
90
ENTRY ON STATE DEFENDANTS' MOTION TO DISMISS - 21 Motion to Dismiss for Failure to State a Claim is granted in part and denied in part. Count I is dismissed as to the State of Indiana, IDOC, and Zatecky. Count I remains pending against S afford, Peterson, Duncan, Hurt, and King. Count II, brought against IDOC and Zatecky, is dismissed. Count III, brought against Zatecky, Peterson, Duncan, Safford, and Hurt, is dismissed. Count IV is dismissed as to IDOC and Zatecky but remains pen ding against Corizon and Dr. Talbot. The State of Indiana, IDOC, and Zatecky are terminated as Defendants in this matter. See entry for details. Signed by Judge Tanya Walton Pratt on 9/14/2017. (MEJ) Modified on 9/14/2017 to fix clerical error(MEJ).
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Filing
89
ORDER granting Plaintiff's 84 Motion for Leave to Exceed Ten Deposition Limit. The parties are directed to cooperate to schedule and conduct the three depositions requested by Plaintiff on or before October 6, 2017. The deadline for Plaintiff to respond to the State Defendants' Motion for Summary Judgment [Dkt. 78] is hereby enlarged to and including October 20, 2017. Signed by Magistrate Judge Mark J. Dinsmore on 9/12/2017. (SWM)
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