LACEY v. NIELSEN et al

Plaintiff: JOHN JAY LACEY
Defendant: JACK BLAND, JEFF HECK, SUSAN KINNEY, MICHAEL T NIELSEN and CARL JOE RADEE
Miscellaneous: WVCF (Court Use Only)
Case Number: 1:2018cv00120
Filed: January 15, 2018
Court: Indiana Southern District Court
Office: Indianapolis Office
Referring Judge: Mark J. Dinsmore
Presiding Judge: Jane Magnus-Stinson
Nature of Suit: Prisoner Petitions - Prison Condition
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: Both

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Date Filed#Document Text
August 29, 2018 50 Opinion or Order of the Court Entry Discussing Defendants' Motion for Summary Judgment - In this civil action, plaintiff John Jay Lacey, an Indiana prisoner incarcerated at the Wabash Valley Correctional Facility, alleges that, while he was incarcerated at the Boone Count y Jail, his First Amendment rights were violated when the defendants denied him access to religious materials and objects, failed to provide him Halal meals, and retaliated against him when he complained about these issues to the ACLU. Presently p ending before the Court is the motion for summary judgment filed by the defendants on April 27, 2018. Dkt. 23 . The defendants' motion argues that the claims alleged against them are barred under the exhaustion provision of the Prison Litiga tion Reform Act ("PLRA"), 42 U.S.C. § 1997e, that requires a prisoner to first exhaust his available administrative remedies before filing a lawsuit in court. Accordingly, the motion for summary judgment, dkt. 23 , is granted as to Mr. Lacey's claim of retaliation against Sheriff Neilsen and denied as to his First Amendment free exercise claims against the other defendants. No partial final judgment shall issue at this time. Because the retaliation claim was the only c laim proceeding against Sheriff Neilsen, the clerk is directed to terminate him as a defendant in this action. The remaining defendants shall have through September 28, 2018, in which to notify the Court in writing that they have either abandoned their affirmative defense of exhaustion or request a hearing to resolve the factual dispute detailed above. (See Entry). Signed by Judge Jane Magnus-Stinson on 8/29/2018. (APD)

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Defendant: JACK BLAND
Represented By: Paul Thomas Belch
Represented By: Robert V. Clutter
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Defendant: JEFF HECK
Represented By: Paul Thomas Belch
Represented By: Robert V. Clutter
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Defendant: SUSAN KINNEY
Represented By: Paul Thomas Belch
Represented By: Robert V. Clutter
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Defendant: MICHAEL T NIELSEN
Represented By: Paul Thomas Belch
Represented By: Robert V. Clutter
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Defendant: CARL JOE RADEE
Represented By: Paul Thomas Belch
Represented By: Robert V. Clutter
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Plaintiff: JOHN JAY LACEY
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Miscellaneous: WVCF (Court Use Only)
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