BROOKS v. CITY OF CARMEL et al
||GARY W. BROOKS
||CITY OF CARMEL and DOUGLAS C. HANEY
||March 1, 2018
||US District Court for the Southern District of Indiana
||Tim A. Baker
||William T. Lawrence
|Nature of Suit:
||Civil Rights: Other
|Cause of Action:
||42:12101 The Americans with Disabilities Act
|Jury Demanded By:
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|November 16, 2020
ENTRY ON 65 MOTION IN LIMINE - For the foregoing reasons, the Court GRANTS in part and DENIES in part the Defendants' Motion in Limine (Filing No. 65 ). An order in limine is not a final, appealable order. If the parties believe that evid ence excluded by this Order becomes relevant or otherwise admissible during the course of the trial, counsel may approach the bench and request a hearing outside the presence of the jury. Likewise, if the parties believe that specific evidence is inadmissible during the course of the trial, counsel may raise specific objections to that evidence. (See Entry.) Signed by Judge Tanya Walton Pratt on 11/16/2020. (NAD)
|September 15, 2020
ORDER ON DEFENDANTS' 32 MOTION FOR SUMMARY JUDGMENT - For the foregoing reasons, the Defendants' Motion for Summary Judgment, (Filing No. 32 ), is GRANTED in part and DENIED in part. The Defendants are granted summary judgment on Broo ks' Title II ADA claim, Fourth Amendment claim, and the March 2016 battery claim. Summary judgment is denied as to Brooks' First Amendment claim, and that claim may proceed against Haney and Carmel. However, Haney is entitled to qualifie d immunity against Brooks' First Amendment claim, so he cannot be held liable for civil damages on that claim. Summary judgment is also denied as to Brooks' May 2017 state law battery claim. (See Order.) Signed by Judge Tanya Walton Pratt on 9/15/2020. (NAD)
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