IGOU v. INDIANA DEPARTMENT OF CORRECTIONS et al
| LANCE IGOU |
| CORIZON HEALTH, INC., DOES 1-20, INDIANA DEPARTMENT OF CORRECTIONS, MEGAN MILLER, NEW CASTLE CORRECTIONAL FACILITY, NIKKI TAFOYA, THE GEO GROUP, INC., WEXFORD HEALTH SOURCES, INC., WEXFORD OF INDIANA, LLC and HANNA WINNINGHAM |
| 1:2017cv02910 |
| August 24, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Matthew P. Brookman |
| Jane Magnus-Stinson |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
96
ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Magistrate Judge submitted his Report and Recommendation on Plaintiff's Motion for Sanctions and Defendants' Cross-Motion for Sanctions 86 . The parties were afforded due opportunity pursu ant to statute and the rules of this Court to file objections; none were filed. The Court, having considered the Magistrate Judge's Report and Recommendation, hereby adopts the Magistrate Judge's Report and Recommendation 86 . The Plaintiff's Motion for Sanctions 71 and Defendants' Cross-Motion for Sanctions 72 are DENIED. Signed by Judge Jane Magnus-Stinson on 7/20/2018.(APD)
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Filing
69
ORDER - Plaintiff Lance Igou is a 29-year old inmate at the New Castle Correctional Facility. [Filing No. 1 at 1.] In his Complaint, Mr. Igou alleges that while incarcerated, he has been denied treatment for an eye condition, resulting in perman ent vision impairment and the potential loss of his eye. [Filing No. 1 at 4-10.] He raises four claims in this matter: (1) violation of the Eighth Amendment to the United States Constitution, pursuant to 42 U.S.C. § 1983; (2) violation of t he Eighth Amendment to the United States Constitution, pursuant to 42 U.S.C. § 1983, under the standard articulated in Monell v. Dep't of Soc. Servs. of City of New York, 436 U.S. 658 (1978); (3) violation of Indiana Constitution Article 1, Section 16; and (4) negligence. [Filing No. 1 at 10-13.] Mr. Igou requests an injunction requiring treatment of his eye, damages, attorneys' fees, and any other relief that may be just and proper. [Filing No. 1 at 13-14.] Defendants H anna Winningham, Megan Miller, and Corizon, LLC (collectively "Defendants") have moved for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c).1 [Filing No. 33 .] That Motion is currently ripe for the Court' ;s review. For the reasons described above, the Court GRANTS Defendants' Motion to Dismiss Count III, 33 , but only to the extent that Count III seeks monetary damages. In any other way, the claim stated in Count III remains pending in this case. No partial final judgment shall issue. (See Order). Signed by Judge Jane Magnus-Stinson on 2/23/2018. (APD)
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