RASHID MUHAMMAD v. GEHRKE et al
| ABDUL-AZIZ RASHID MUHAMMAD |
| FORTUNE, GEHRKE, PARKER and SCULLY |
| 2:2015cv00334 |
| October 26, 2015 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Mark J. Dinsmore |
| William T. Lawrence |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
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Filing
85
Entry Granting Defendants' Motion for Summary Judgment And Directing Entry of Final Judgment - For the reasons explained in this Entry, defendants' motion for summary judgment, Dkt. No. 69 , is granted. Mr. Muhammad's Bivens action f or a violation of his First Amendment free speech rights is foreclosed by Ziglar v. Abbasi, 137 S. Ct. 1843 (2017). It is not one of the three Bivens-type claims recognized by the Supreme Court. Mr. Muhammad has administrative and other judicial r emedies available to him for the underlying claims that eventually gave rise to the instant claim, and the nature of the instant claims are not of such gravity to require judicial intervention and the creation of a new Bivens action. Summary judgment for defendants is granted. Final judgmentconsistent with this Entry shall now enter. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge William T. Lawrence on 3/15/2018. (RSF)
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Filing
42
Entry Discussing Motion for Summary Judgment: Accordingly, the defendant's motion for summary judgment [dkt. 27 ] is DENIED and the affirmative defense of failure to exhaust administrative remedies is REJECTED ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Copy sent to Plaintiff via US Mail. Signed by Judge William T. Lawrence on 11/4/2016. (DW)
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