LEWIS v. MELLINGER et al
||JOSEPH D. LEWIS
||MADISON COUNTY INDIANA and SCOTT MELLINGER
||November 10, 2016
||US District Court for the Southern District of Indiana
||Mark J. Dinsmore
|Nature of Suit:
||Civil Rights: Other
|Cause of Action:
||42 U.S.C. § 1983 Prisoner Civil Rights
|Jury Demanded By:
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|November 15, 2017
Entry Granting Motion for Summary Judgment and Directing Entry of Final Judgment - Plaintiff Joseph Lewis brought this action pursuant to 42 U.S.C. § 1983 against multiple defendants, alleging that they violated his constitutional rights whil e he was incarcerated at the Madison County Jail. The defendants moved to dismiss several of Mr. Lewis's claims pursuant to Rule 12(b)(6), and the Court granted their motion. What remains in this action is Mr. Lewis's claim against defen dant Madison County Sheriff Scott Mellinger in his official capacity. Mr. Lewis contends that Sheriff Mellinger maintains an unconstitutional policy or practice of detaining inmates in the Madison County Jail longer than forty-eight hours without a probable cause determination. Sheriff Mellinger moves for summary judgment on that claim. Mr. Lewis has not responded, and the time to do so has long passed. For the reasons explained, Sheriff Mellinger's motion for summary judgment is gran ted. Filing No. 40 . For the reasons discussed in this Entry, Mr. Lewis has failed to establish that a reasonable jury could find in his favor on his policy or practice claim against Sheriff Mellinger. Sheriff Mellinger's motion for summary judgment is thus granted. Filing No. 40 Final Judgment in accordance with this decision shall now issue. (See Entry). Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 11/15/2017. (APD)
|May 16, 2017
Entry on Motion to Dismiss, Other Pending Motions, and Directing Further Proceedings - The plaintiff brought this action pursuant to 42 U.S.C. § 1983 against defendants Scott Mellinger, the Sheriff of Madison County, and the Madison County Co mmissioners, asserting that they violated several of his constitutional rights while he was incarcerated in Madison County Jail. The defendants move to dismiss all but one of the plaintiff's claims pursuant to Rule 12(b)(6). For the reasons e xplained, the defendants' motion to dismiss, dkt. 16 , is granted. For the reasons explained, the defendants' motion to dismiss, dkt. 16 , is granted. The plaintiff's claim against Sheriff Mellinger regarding the alleged policy of holding inmates longer than forty-eight hours with a probable cause determination shall proceed in this action. If the Court misconstrued or left unaddressed any claims in the plaintiff's Complaint, he shall have through May 29, 2017, in whic h to notify the Court. If this date passes without such a notification, the Court will issue a scheduling order directing how this action shall proceed. The plaintiff's motion to set a trial, dkt. 20 , is denied. This action will proceed as set forth in the preceding paragraph. The plaintiff's motion opposing an extension of time, dkt. 24 , is denied as moot because the Court already granted the defendants' motion for an extension of time. The clerk is directed to update to the docket to reflect that Madison County is no longer a defendant in this action. No partial final judgment shall issue at this time. (See Order). Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 5/16/2017. (APD)
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