LEWICKI v. ZATECKY et al
Plaintiff: DAVID LEWICKI
Defendant: JEREMY ALBERSON, DUANE ALSIP, MICHAEL CAYLOR and DUSHAN ZATECKY
Miscellaneous: PENDLETON CF (Court Use Only)
Case Number: 1:2017cv02564
Filed: July 28, 2017
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
Presiding Judge: Debra McVicker Lynch
Presiding Judge: Larry J. McKinney
Nature of Suit: Prisoner Petitions - Prison Condition
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None

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Date Filed Document Text
April 11, 2018 Opinion or Order Filing 28 ENTRY ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT - This matter is before the Court on the Defendants' Motion for Summary Judgment. Dkt. 21 . Plaintiff David Lewicki ("Lewicki"), is a prisoner incarcerated at Pendleton Correctio nal Facility ("PCF"). In this civil rights action, Lewicki alleges that the Defendants denied him proper heating and cooling in his cell at PCF between September 2, 2016 and June 10, 2017, exposing him to extremely high and low temperatu res and causing him significant physical and mental injuries. The Court screened the Complaint and permitted Lewicki to proceed with Eighth Amendment claims against all four Defendants in their official and individual capacities. The Defendants� 39; Motion for Summary Judgment, Dkt. 21 , is GRANTED as to all claims concerning conditions of extreme heat in Lewicki's cell and all claims relating to cold conditions before February 8, 2017. These claims are dismissed without prejudice. The Defendants' Motion for Summary Judgment, Dkt. 21 , is DENIED as to all claims concerning conditions of extreme cold in Lewicki's cell from February 8, 2017 forward. the Court gives the Defendants NOTICE of its intent to grant summar y judgment in Lewicki's favor on this issue. The Defendants shall have through Wednesday, April 25, 2018, within which to respond to the Court's proposal and either (a) show cause why summary judgment should not be entered in Lewicki's favor on this issue, or (b) withdraw their affirmative defense of exhaustion on this issue. (See Entry.) Signed by Judge Tanya Walton Pratt on 4/11/2018. (NAD)
October 24, 2017 Opinion or Order Filing 18 ENTRY Directing Further Proceedings - The defendants shall have through November 29, 2017, in which to either 1) file a dispositive motion in support of the affirmative defense that the plaintiff failed to exhaust his administrative remedies prio r to filing this lawsuit, 2) notify the Court that this affirmative defense is not amenable to resolution through a dispositive motion, or 3) notify the Court that the defendants will not pursue the affirmative defense of failure to exhaust. If a dispositive motion is filed, the plaintiff shall have twenty-eight (28) days in which to respond. The defendants shall then have fourteen (14) days in which to reply. Except for activities associated with the development and resolution of the defendants' affirmative defense that the plaintiff failed to exhaust his administrative remedies prior to filing this action, or any other matter directed by the Court, any other activities or deadlines in the action are stayed. See entry for details. Signed by Judge Tanya Walton Pratt on 10/24/2017. (MEJ)
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Defendant: JEREMY ALBERSON
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Defendant: DUANE ALSIP
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Defendant: MICHAEL CAYLOR
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Defendant: DUSHAN ZATECKY
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Plaintiff: DAVID LEWICKI
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Miscellaneous: PENDLETON CF (Court Use Only)
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