WOLFE v. DOE et al
Plaintiff: BRANDY WOLFE
Defendant: JOHN DOE, INDIANA CITY OF INDIANAPOLIS and CITY OF INDIANAPOLIS
Case Number: 1:2020cv01897
Filed: July 17, 2020
Court: US District Court for the Southern District of Indiana
Presiding Judge: Mark J Dinsmore
Referring Judge: James R Sweeney
Nature of Suit: Prisoner Petitions - Prison Condition
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 11, 2020 Filing 10 ENTRY DIRECTING DEVELOPMENT OF EXHAUSTION DEFENSE, ISSUING PARTIAL STAY, AND VACATING INITIAL PRETRIAL CONFERENCE - The defendant's exhaustion defense will be resolved pursuant to the following schedule. See Entry. The failure to pursue any of these options by the above deadline constitutes an abandonment of the exhaustion defense. See Entry. In light of this Entry, the telephonic initial pretrial conference set for September 21, 2020 at 9:30 a.m. [Dkt. #8 ] is VACATED and will be rescheduled at a later date following resolution of the defendant's exhaustion defense. Signed by Magistrate Judge Mark J. Dinsmore on 9/11/2020.(SWM)
September 10, 2020 Filing 9 ANSWER to #1 Complaint , filed by CITY OF INDIANAPOLIS.(Upchurch, Andrew)
August 13, 2020 Filing 7 ENTRY SCREENING COMPLAINT AND DISMISSING INSUFFICIENT CLAIM - The complaint filed by plaintiff Brandy Wolfe, by counsel, on July 17, 2020, must be screened pursuant to 28 U.S.C. 1915A(a). The complaint names as defendants the City of Indianapolis (the City) and John Doe Corrections Officer. Plaintiff Wolfe alleges that John Doe Corrections Officer, employed by the City, subjected her to excessive force on December 13, 2019, in violation of her Fourth and Fourteenth Amendment rights. She alleges that the City failed to train or supervise the Officer in violation of her Fourth and Fourteenth Amendment rights. The Court dismisses all claims brought against John Doe Corrections Officer because it is pointless to include lists of anonymous defendants in federal court; this type of placeholder does not open the door to relation back under Fed.R.Civ.P. 15, nor can it otherwise help the plaintiff. Wudtke v. Davel, 128 F.3d 1057, 1060 (7th Cir. 1997) (internal citations omitted). Bringing suit against unnamed defendants in federal court is generally disfavored in the Seventh Circuit. If through discovery, Ms. Wolfe learns the name of the unknown defendant, she may seek leave to amend her complaint to add claims against him. "Our cases have established that the Fourth Amendment governs the period of confinement between arrest without a warrant and the preliminary hearing at which a determination of probable cause is made, while due process regulates the period of confinement after the initial determination of probable cause." Holloway v. Delaware Cty. Sheriff, 700 F.3d 1063, 1068 (7th Cir. 2012) (internal quotation omitted). It is not clear from the complaint whether there could be a viable Fourth Amendment claim, so for the present, claims brought under the Fourth and Fourteenth Amendments shall proceed against the City. The clerk is directed to terminate on the docket John Doe Corrections Officer as a defendant. Counsel has appeared on behalf of the City and its deadline to answer the complaint, as screened, is September 10, 2020. Signed by Judge James R. Sweeney II on 8/13/2020. (JDC)
August 12, 2020 Opinion or Order Filing 8 SCHEDULING ORDER-TELEPHONIC Initial Pretrial Conference set for 9/21/2020 at 9:30 AM (Eastern) before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore on 8/12/2020.(CBU)
August 11, 2020 Filing 6 NOTICE of Parties' First Extension of Time, filed by Defendant CITY OF INDIANAPOLIS. (Upchurch, Andrew)
August 11, 2020 Filing 5 NOTICE of Appearance by Andrew J. Upchurch on behalf of Defendant CITY OF INDIANAPOLIS. (Upchurch, Andrew)
July 21, 2020 Filing 4 PROCEDURES AND PRACTICES before Judge James R. Sweeney II. (JDC)
July 20, 2020 Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH)
July 20, 2020 Filing 2 Summons Issued as to CITY OF INDIANAPOLIS, JOHN DOE. (AKH)
July 17, 2020 Filing 1 COMPLAINT against All Plaintiffs, filed by BRANDY WOLFE. (Filing fee $400, receipt number 0756-6081520) (Attachments: #1 Appearance, #2 Proposed Summons, #3 Civil Cover Sheet, #4 Request for Production, #5 Interrogatories)(Garrison, Christopher) Modified on 7/20/2020 (AKH).

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Defendant: JOHN DOE
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Defendant: INDIANA CITY OF INDIANAPOLIS
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Defendant: CITY OF INDIANAPOLIS
Represented By: Andrew J. Upchurch
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Plaintiff: BRANDY WOLFE
Represented By: Christopher L. Garrison
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