PERRY v. CORIZON et al
| JASON SETH PERRY |
| MARY ANN CHAVEZ, CORIZON, DAVID MITCHEFF, DANIEL RIPPETOE and MARY RUTH SIMS |
| WVCF (Court Use Only) |
| 1:2017cv00197 |
| January 18, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A. Baker |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
235
Order Discussing Cross-Motions for Summary Judgment - Perry's motion for summary judgment, dkt. 168 , is denied and the defendants' cross-motions for summary judgment, dkt. 174 , and 183 , are granted. Perry's motion to deny state d efendant's motion for summary judgment, dkt. 222 , and motion to reconsider, dkt. 224 , are denied. In his motion for concernment, Perry expresses some concern regarding the summary judgment filings. That motion dkt. 233 , is granted to the e xtent that the Court has considered all of Perry's evidence and arguments in ruling on the motions for summary judgment. Judgement consistent with this ruling shall now issue. (See Order). Signed by Judge Jane Magnus-Stinson on 3/12/2019. (JDH)
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Filing
202
ORDER granting in part and denying in part Plaintiff's 157 Motion for failure to comply. * The following of Mr. Perry's Requests for Admission are deemed admitted: Requests No. 2 and 16 to Mary Ruth Sims; Request No. 3 to Mary Chavez; and Requests No. 2 and 11 to Lisa Robtoy. * The defendants shall treat the following requests as interrogatories and respond appropriately: Request Nos. 18, 19, 20, 21, and 22 to Mary Ruth Sims Request Nos. 11, 12, 13, 14, and 22 to Mary Chavez; an d Request No. 6 to Daniel Rippetoe. * In addition, the defendants shall take the following steps: Defendant Sims shall have seven days to notify the Court whether she has a copy of a document labeled Perry IDOC 0042. If she has a copy of it, she s hall also admit or deny its genuineness. If she does not, Mr. Perry shall provide her with a copy within fourteen days of this Entry and she will have seven days after receiving it to admit or deny its genuineness. Defendant Bertsch shall have fourteen days to admit or deny that he was aware of the healthcare requests referenced in Mr. Perry's Request No. 5. (See Order). Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 9/28/2018. (MAC)
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Filing
93
Entry Discussing Motion for Summary Judgment - Plaintiff Jason Perry brings this action pursuant to 42 U.S.C. 1983 alleging that he was forced to take antipsychotic medications against his will. The defendants have moved for summary judgment argui ng that Perry has failed to exhaust his available administrative remedies as required by the Prison Litigation Reform Act ("PLRA") before bringing this lawsuit. For the following reasons, the motion for summary judgment, dkt. 60 , is de nied and the defendants are provided notice of the Court's intent to grant summary judgment in favor of the plaintiff on this issue. For the foregoing reasons, the defendants have not met their burden to show that Perry failed to exhaust thos e administrative remedies that were available to him. The motion for summary judgment, dkt. 60 , is denied. Also as discussed above, the current record before the Court shows that Perry is entitled to summary judgment on the defendant's aff irmative defense of exhaustion. In other words, the record compels a conclusion that administrative remedies were made unavailable to Perry. Therefore, pursuant to Rule 56(f)(1), the Court gives the defendants notice of its intent to grant summary judgment in the plaintiff's favor on this issue. The defendants have through December 20, 2017, in which to respond to the Court's proposal. Alternatively, the defendants may withdraw the affirmative defense by this date. (See Entry). Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 11/22/2017. (APD)
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