PRITT v. LAYTON et al
| STEVEN W. PRITT |
| JOHN DOE (BRAUGHN), JOHN LAYTON and MATTHEW |
| 1:2017cv02663 |
| August 7, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A. Baker |
| Sarah Evans Barker |
| Prisoner Petitions - Prison Condition |
| 02 U.S.C. ยง 437 Federal Election Commission |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
89
Order - Denying in Part and Granting in Part 78 Motion for Partial Summary Judgment. For the foregoing reasons, the motion for partial summary judgment, dkt. 78 , is denied in part and granted in part. His claims that defendants Sergeants Gepha rt and Mullins failed to protect him from the assault by Mr. Brewer is dismissed. The claim that the defendants exercised deliberate indifference to his need for medical treatment, the claim that that Deputy McCreary failed to protect him from the assault, and the claim that McCreary, Gephart, and Mullins subjected him to unconstitutional conditions of confinement when he was left in a cell that was infested with cockroaches and not allowed to shower despite being covered with bodily waste remain. Mr. Pritt's motion for an extension of time, dkt. 88 , is denied as unnecessary. The Court will direct further proceedings, including a settlement conference and trial if necessary, through a separate order. If Mr. Pritt wants to ask the Court to recruit counsel to represent him, he should file a motion on the Court's form. The clerk shall include a form motion for assistance with recruiting counsel with his copy of this Order. (See Order.) Copy to Plaintiff via US Mail Signed by Judge Tanya Walton Pratt on 12/6/2019. (Attachments: # 1 Blank Motion for Assistance With Recruiting Counsel) (NAD)
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Filing
21
ORDER granting Plaintiff's 20 Motion for Leave to File Amended Complaint, Screening Amended Complaint, and Directing Further Proceedings. The clerk shall re-docket the proposed amended complaint (dkt. [20-1]) as the amended complaint. In summary, Pritt's claims that defendant McCreary, Butner, and Mottram would not allow him to shower or obtain medical attention after being assaulted by feces shall proceed as a claim that these defendants failed to protect him from harm and ignored his serious medical needs in violation of his constitutional rights. His claim that his cell was infested with cockroaches and the defendants ignored this condition shall proceed as a claim that these defendants subjected him to unconstitu tional conditions of confinement. The clerk shall amend the docket to reflect that Deputy Sheriff Eric McCreary, Butner, and Mottram are the defendants in this action. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to the defendants in the manner specified by Rule 4(d). Process shall consist of the amended complaint, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. (See Order) Copies Mailed. Signed by Judge Sarah Evans Barker on 5/23/2018. (MAC)
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Filing
6
ENTRY - Directing Further Proceedings; Plaintiff Steven W. Pritt is a prisoner currently incarcerated at the New Castle Correctional Facility. He brings this action under 42 U.S.C. § 1983 alleging that his constitutional rights were violated whi le he was confined at the Marion County Jail. Applying the screening standard to the factual allegations in the complaint certain claims are dismissed while other claims shall proceed as submitted. The clerk shall terminate all other defendants on the docket. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendant Sheriff Matthew in the manner specified by Rule 4(d). The clerk shall terminate all other defendants on the docket. Process shall consist of the complaint, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. Signed by Judge Sarah Evans Barker on 10/11/2017. Copies Mailed(CKM)
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