JOHNSON v. MICHAEL ROGERS et al
| TIMOTHY JOHNSON |
| CITY OF INDIANAPOLIS, TROY RIGGS and MICHAEL ROGERS |
| 1:2016cv02705 |
| October 10, 2016 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Matthew P. Brookman |
| Jane Magnus-Stinson |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Both |
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Filing
144
ENTRY - The Court GRANTS Defendants' Motion for Summary Judgment 106 , GRANTS Mr. Johnson's Motion for Leave to File His Amended Brief in Opposition to Defendants' Motion for Summary Judgment 124 , DENIES Mr. Johnson's Request f or Oral Argument 129 , and DENIES Defendants' Motion to Strike Portions of Mr. Johnson's Surreply in Opposition to the Motion for Summary Judgment 133 . Additionally, given that this matter will proceed no further such that there will be no trial, the Court DENIES AS MOOT the parties' Joint Motion to Extend the Damages and Expert Discovery Deadline and to Continue March 11, 2019 Trial Setting 141 and Mr. Johnson's Alternative Motion to Quash Defendants' Notices of Deposition 142 . Because all claims have been fully resolved in Defendants' favor, final judgment consistent with the Entry shall enter. (See Entry). Signed by Judge Jane Magnus-Stinson on 1/15/2019. (JDH)
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Filing
84
ENTRY - Mr. Johnson brought this lawsuit in September 2016, alleging a variety of state-law and federal claims after Defendant Michael Rogers allegedly kicked and broke his leg while he was handcuffed. [Filing No. 1-1.] Among other things, Mr. Joh nson seeks "[d]amages for emotional distress" and "pain and suffering" as a result of the incident. [Filing No. 71 at 1-2.] Seeking discovery on Mr. Johnson's emotional distress claim, Defendants moved to compel Mr. John son to provide signed HIPPA consent forms to allow Defendants to obtain medical records concerning Mr. Johnson's mental health treatment. [Filing No. 68 .] Magistrate Judge Matthew Brookman granted Defendants' Motion to Compel, finding that Mr. Johnson had waived his psychotherapist-patient privilege by placing his mental and emotional health at issue. [Filing No. 77 .] Mr. Johnson objects to Magistrate Judge Brookman's Order, arguing that the order violates his privilege p rotection. [Filing No. 79 .] But Mr. Johnson's Objections gloss over the deferential standard that applies to review of a Magistrate Judge's nondispositive decision. Mr. Johnson has fallen far short of demonstrating that Magistrate Judg e Brookman's decision was the product of clear or legal error. To the contrary, the Court finds Magistrate Judge Brookman's Order to be thorough and well-reasoned, and therefore OVERRULES Mr. Johnson's Objections thereto. The Magist rate Judge acted well within his discretion in concluding that Mr. Johnson may be compelled to sign a HIPPA release form and that he waived the psychotherapist-patient privilege in this case. The Court therefore OVERRULES Mr. Johnson's Object ions 79 to the Magistrate Judge's Order granting in part Defendants' Motion to Compel. The Court recognizes that the medical records contain sensitive information regarding Mr. Johnson's health and background. Therefore, the Court ORDERS the parties to meet and confer on or before June 5, 2018 regarding an appropriate protective order to govern use of medical records in this case. The Court further ORDERS the parties to contact the Magistrate Judge on or before June 5, 20 18 to resolve any issues should they not reach a complete agreement as to the contents of the protective order. Finally, the Court ORDERS Mr. Johnson to provide the signed HIPPA authorization forms for Community Health Services, Eskenazi Hospital, and the Martindale-Brightwood Health Center, covering the period from October 30, 2014 to the present, within seven days from the entry of the protective order. (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 5/23/2018. (APD)
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