STROMINGER v. INDIANA DEPT. OF CORRECTIONS et al
| RAYMOND STROMINGER |
| R. BROWN, W. DUNIGAN, B. GILMORE, B. LEMMON, T. LITTLEJOHN, J. SNYDER and L. VAN NATTA |
| INDIANA DEPT. OF CORRECTIONS |
| 2:2013cv00291 |
| August 9, 2013 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Jane Magnus-Stinson |
| William G. Hussmann |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
96
ORDER granting 56 Motion for Summary Judgment. Mr. Strominger is not entitled to money damages based on his delayed participation in the ACT program. There is no evidence from which a reasonable jury could conclude that the IDOC intentionally o r with deliberate indifference failed to provide meaningful access to Mr. Strominger because of his disability. Accordingly, the defendant is entitled to judgment as a matter of law. The motion for summary judgment [dkt. 56] is therefore granted. Judgment consistent with this Order shall issue. **SEE ORDER** Copy to Petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 3/26/2015. (AH)
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Filing
90
ENTRY Denying Request for Additional Discovery - Strominger he has fallen short of meeting his burden to identify material facts needed to oppose summary judgment. Because Strominger has not shown how his additional discovery requests will affect t he disposition of this case, additional time to conduct discovery shall not be permitted. Consistent with the Entry of October 22, 2014, Strominger should file his brief in opposition to the IDOC's motion for summary judgment as soon as possible but no later than Monday, March 9, 2015. Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 2/6/2015. (AH)
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Filing
73
ORDER denying Plaintiff's 51 Motion to Appoint Counsel. The question is not whether an attorney would help the plaintiff's case, but whether, given the difficulty of the case, the plaintiff seems competent to litigate it himself. Despite Strominger's insistence to the contrary, the Court finds he is competent to litigate the claims in this case. **SEE ORDER** Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 10/22/2014. (AH)
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Filing
61
Entry Granting Defendant's Partial Motion to Dismiss - Claims II, III, and IV of the amended complaint are barred by the two-year statute of limitations for bringing such claims in Indiana. For these reasons, IDOC's motion to dismiss [d kt. 36] is granted. Claim I remains pending. Claim I of the Amended Complaint alleges that the IDOC discriminated against Strominger by denying him the opportunity to participate in the ACT program because he is confined to a wheelchair. In other words, he has been kept out of the ACT program because of his disability in violation of the Rehabilitation Act. This claim is not addressed in the motion to dismiss. No partial final judgment shall issue at this time as to the claims resolved in this Entry. (See Entry.) Signed by Judge Jane Magnus-Stinson on 6/2/2014. (RSF)
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Filing
30
ENTRY - granting 28 Motion for Reconsideration to the extent that both the ADA and Rehabilitation Act claims against the Indiana Department of Correction may proceed as to Claims 2, 3, and 4. The defendants have appeared in this action and shall have 30 days from the date this Entry is issued in which to file an answer or otherwise respond to the amended complaint. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 11/14/2013. (RSF)
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Filing
27
ENTRY Discussing Amended Complaint and Directing Further Proceedings - The statutory claims against the individual defendants are DISMISSED. The ADA claims are DISMISSED. All claims against the individual defendants (in their individual and official capacities) and the Section 1983 claims are DISMISSED. No partial final judgment shall issue at this time as to the claims resolved in this Entry. See Entry for Claims which shall proceed against the IDOC. The defendants shall have 30 days from the date this Entry is issued in which to file an answer or otherwise respond to the amended complaint. See Entry for details. Signed by Judge Jane Magnus-Stinson on 11/1/2013 (copy mailed to Plaintiff).(LBT)
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