BARKER v. McPHERSON et al
| STEVEN L. BARKER |
| SENIOR OFFICER BOBO, BUREAU OF PRISONS, JANE/JOHN DOE, LT. EMMERICH, S.I.A. JEAGER and LT McPHERSON |
| 2:2010cv00314 |
| November 22, 2010 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Tim A. Baker |
| William T. Lawrence |
| Prisoner Petitions - Prison Condition |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
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Filing
105
SECOND FINDINGS OF FACT AND CONCLUSIONS OF LAW - The Court finds in favor of Barker and against the United States on his claim for assault and battery (Count II). Barker's compensatory damages total $1,500.00. The Court finds in favor of the United States and against the Plaintiff on his remaining claims for gross negligence (Count IV) and intentional infliction of emotional distress (Count V). Pursuant to the FTCA's judgment bar rule, judgment will be entered in favor of Lt. Emmerich and against Barker on his claim for excessive force (Count I). A separate judgment shall now issue. Signed by Judge William T. Lawrence on 5/4/2015.(AH) Modified on 5/5/2015 (AH).
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Filing
100
FINDINGS OF FACT AND CONCLUSIONS OF LAW - The Court finds in favor of Barker and against Lt. Emmerich on his claim for excessive force (Count I). Barker's compensatory damages total $1,500.00. The Court finds in favor of the United States of America and against the Plaintiff on his remaining claims for assault and battery (Count II), gross negligence (Count IV), and intentional infliction of emotional distress (Count V) under the FTCA. A separate judgment shall now issue. Signed by Judge William T. Lawrence on 1/29/2015. (AH)
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Filing
91
ENTRY on Defendants' Partial Motion to Dismiss - This cause is before the Court on Defendants' motion to dismiss certain claims in 78 Plaintiff's amended complaint. The motion is fully briefed, and the Court, being duly advised, GRANTS the motion. For the sake of clarity, the following claims remain: Count I - Violation of constitutional rights for the use of excessive force and/or failing to intervene against Lt. Emmerich, Lt. McPherson, and Officer Bobo. Count II - As sault and battery against the United States. Count IV - Gross negligence against the United States (but limited to the extent discussed above in Section III.4). Count V - Intentional infliction of emotional distress against the United States. The parties are also reminded of their pretrial deadlines.**SEE ENTRY** Signed by Judge William T. Lawrence on 10/09/2014. (AH)
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