CENSKE v. UNITED STATES OF AMERICA
| THOMAS ANDREW CENSKE |
| UNITED STATES OF AMERICA |
| 1:2016cv02761 |
| October 12, 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 Federal Question: Bivens Act |
| None |
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Filing
176
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER FOLLOWING BENCH TRIAL - The Court awards a total of $56,500.00 in compensatory damages against the United States in Mr. Censke's favor. Judgment consistent with the Order Granting Partial Su mmary judgment for the United States, (Dkt. 118 ), the Order Granting Partial Summary Judgment for Mr. Censke, (Dkt. 120 ), and this Order shall now issue under separate Order. (See Order). Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 3/28/2023.(AKH)
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Filing
161
ORDER ON DEFENDANT'S MOTION IN LIMINE - The Government's Motion in Limine, Dkt. 146 , is GRANTED in part and DENIED in part. As with all orders in limine, this Order is preliminary and "subject to change when the case unfolds." No party shall reference or attempt to elicit evidence that has been provisionally excluded by this Order without first seeking permission from the Court. Each party shall ensure its witnesses' compliance with this Order. (See Order). Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 12/30/2022. (AKH)
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Filing
133
ORDER DENYING 122 PLAINTIFF'S MOTION TO RECONSIDER - This matter is before the Court on the United States' motion to reconsider partial summary judgment in favor of plaintiff Thomas Censke. The United States has not shown that the Court's order arose from a manifest error of law or fact, and the motion to reconsider is DENIED. (See Order). Signed by Judge Tanya Walton Pratt on 7/5/2022. (AKH)
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Filing
120
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT AS TO BATTERY - This matter is before the Court on Plaintiff Thomas Andrew Censke's Cross-Motion for Summary Judgment on his Battery Claims. (Dk. 108 ). Mr. Censke, a former federal prisoner, initiated this lawsuit against Defendant, the United States of America under the Federal Tort Claims Act. He alleges that during his incarceration, correctional officers committed three batteries against him and that the prison medical staff failed to adequately treat his injuries. Mr. Censke's Motion for Partial Summary Judgment as to battery, Dkt. 108 , is GRANTED in part and DENIED in part. His battery claims against the Government arising from the use of chemical spray and his removal from his cell shall proceed to a bench trial. His damages award for the battery involving the use of shackles and black-box wrist restraints shall be determined at this bench trial as well. Mr. Censke' s motion to supplement the record, Dkt. 114 , is GRANTED to the extent that the Court has reviewed the affidavit before issuing this Order. Given the difficulties of late-stage litigation, the Court GRANTS Mr. Censke's Motion for Appointment o f Counsel for Trials, Dkt. 112 . The Court will attempt to recruit counsel on his behalf before the trial or settlement conference. The Court ORDERS the Government to provide an updated Settlement Conference Notice by Friday, April 1, 2022. (See Dkt. 67 at 4.) Copies sent pursuant to distribution list. (See Order). Signed by Judge Tanya Walton Pratt on 2/25/2022. (AKH)
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Filing
118
ORDER GRANTING 100 DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO MEDICAL NEGLIGENCE - This matter is before the Court on the Defendant United States of America's Motion for Partial Summary Judgment as to Plaintiff Thomas Andrew Ce nske's medical negligence claim (Dkt. 100 ). Censke is a former federal prisoner. He initiated this lawsuit against the United States under the Federal Tort Claims Act, alleging that a group of correctional officers assaulted him in his cell and that the prison medical staff failed to adequately treat his injuries. Mr. Censke has failed to designate an expert witness, and there is no evidence in the record that the treatment he received following the alleged assault fell below the standa rd of care. Accordingly, the Defendant's Motion for Partial Summary Judgment as to medical negligence is GRANTED. The United States Motion for Partial Summary Judgment as to medical negligence, Dkt. 100 , is GRANTED, and the medical negligence claim is DISMISSED. (See Order). Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 2/3/2022. (AKH)
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Filing
83
ENTRY - ALLOWING PLAINTIFF'S AMENDED COMPLAINT AND DIRECTING DEFENDANT TO ANSWER; For the present, the amended complaint filed on May 29, 2020, dkt. 74, is the operative pleading. See Zurba, 318 F.3d at 738 (district court deferred until th e conclusion of trial ruling on whether plaintiff's recovery was limited to amount sought in administrative claim). The defendant shall have through August 24, 2020, in which to answer or otherwise respond to the amended complaint. This ruling does not preclude the United States from raising this issue again in the future. *** SEE ORDER ***. Signed by Judge Tanya Walton Pratt on 8/4/2020. Copy Mailed. (CKM)
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Filing
40
ENTRY GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT - Because it is undisputed that Censke's federal tort claim was received two months late, his claims are barred by the two year statute of limitations. The United States is entitled to judgment as a matter of law. Therefore, the United States' Motion for Summary Judgment, dkt. 22 , must be GRANTED. Judgment consistent with this Entry shall now issue. See entry for details. Signed by Judge Tanya Walton Pratt on 9/15/2017. (Copy mailed to Plaintiff) (MEJ)
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