LACEY v. NIELSEN et al
||JOHN JAY LACEY
||JACK BLAND, JEFF HECK, SUSAN KINNEY, MICHAEL T NIELSEN and CARL JOE RADEE
||WVCF (Court Use Only)
||January 15, 2018
||Indiana Southern District Court
||Mark J. Dinsmore
|Nature of Suit:
||Prisoner Petitions - Prison Condition
|Cause of Action:
||42:1983 Prisoner Civil Rights
|Jury Demanded By:
Available Case Documents
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|August 29, 2018
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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