BOLDEN v. FEDERAL BUREAU OF PRISONS (BOP) et al
| ROBERT L. BOLDEN, SR. |
| MELISSA BAYLESS, WARDEN JOHN CARAWAY, FEDERAL BUREAU OF PRISONS (BOP), Dr. PAUL HARVEY, REGIONAL DIRECTOR PAUL M. LAIRD, ANDREW RUPSKA, DIRECTOR CHARLES E. SAMUELS, JR., ANTHONY SERRATO and DR. WILLIAM E. WILSON |
| 2:2014cv00103 |
| April 9, 2014 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Mark J. Dinsmore |
| William T. Lawrence |
| Prisoner Petitions - Prison Condition |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
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Filing
137
ENTRY ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT - This cause is before the Court on the Defendants' 99 Motion for Summary Judgment. The motion is fully briefed, and the Court, being duly advised, GRANTS the Defendants' Motion. The P laintiff also has moved for summary judgment. That 102 motion is DENIED AS MOOT in light of this Entry. The Defendants' 116 Motion to Exclude the Expert Testimony of Dr. Stuart Friedman at Trial likewise is DENIED AS MOOT, as is the Plaintiff's 126 Motion for Leave to File Surreply to the Defendants' Reply Memorandum in Support of that motion. (See Entry.) Signed by Judge William T. Lawrence on 3/8/2016. (GSO)
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Filing
63
ORDER denying 31 Motion to Dismiss for Lack of Jurisdiction and denying for Failure to State a Claim. Bolden's claim under the Eighth Amendment may proceed against the Defendants. Further, the Defendants concede that if Bolden "has pr operly alleged a cause of action for an eighth amendment violation, then he has properly stated a claim for declaratory relief." Accordingly, and based on the reasons set forth above, the Defendants' motion to dismiss (dkt. no. 31) is DENIED in its entirety. **SEE ORDER** Signed by Judge William T. Lawrence on 1/6/2015. (AH)
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