LITTLER et al v. LEMMON et al
Plaintiff: PHILLIP LITTLER and AARON YOUNG
Defendant: RICHARD BROWN, BRUCE LEMMON and JEAN WATKINS
Case Number: 2:2016cv00175
Filed: May 19, 2016
Court: US District Court for the Southern District of Indiana
Office: Terre Haute Office
Presiding Judge: Denise K. LaRue
Presiding Judge: William T. Lawrence
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
June 10, 2019 Opinion or Order Filing 195 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING TRIAL - A bench trial was held in this case on May 14, 2019. The Court, having considered the evidence submitted at trial, hereby makes the following findings of fact and conclusions of law. The Pla intiff brings this action pursuant to 42 U.S.C. § 1983, challenging the constitutionality of the Policy. The issue before the Court is whether the Plaintiff is entitled to declaratory relief stating that the Policy violates the First Amendmen t, as well as injunctive relief prohibiting the future application of the Policy. The Court finds that the Plaintiff has failed to prove that the Policy violates First Amendment. Accordingly, judgment will be entered in favor of the Defendant on all of the Plaintiff's claims. (See Order.) Signed by Judge William T. Lawrence on 6/10/2019. (DMW)
March 13, 2019 Opinion or Order Filing 157 ORDER DISCUSSING INDIVIDUAL CAPACITY CLAIM AGAINST DEFENDANT WATKINS - Mr. Litter has failed to meet the "clearly established" standard sufficient to defeat the defendant's qualified immunity defense to his claim. The qualified immu nity defense seeks to balance "the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officers from harassment, distraction, and liability when they perform their duties reasonably." M s. Watkins made a reasonable but mistaken judgment about whether she was entitled to confiscate and destroy Young's letter based on her belief he was a restricted individual. Accordingly, she is entitled to qualified immunity. No partial final judgment shall issue at this time. (See Order.) Signed by Judge William T. Lawrence on 3/13/2019. (DMW)
September 20, 2017 Opinion or Order Filing 110 ENTRY Discussing Plaintiff's Motion to Compel - Therefore, pursuant to the authority set forth in 28 U.S.C. § 1915A, the Court dismisses the individual capacity claims against Bruce Lemmon and Richard Brown for failure to state a clai m. Mr. Littler's motion to compel Bruce Lemmon to respond to 80 , is denied. The clerk is instructed to update the docket to reflect that Richard Brown and Bruce Lemmon have been dismissed from this action (SEE ENTRY). Copy to Plaintiff via US Mail. Signed by Judge William T. Lawrence on 9/20/2017.(DW)
May 25, 2016 Opinion or Order Filing 4 ENTRY Discussing Complaint, Dismissing Insufficient Claims and Directing further proceedings. ORDER denying 2 Motion for Leave to Proceed in forma pauperis. The plaintiff shall have through June 27, 2016, in which to either pay the $400.00 f iling fee for this action or demonstrate that he lacks the financial ability to do so. The First Amendment claim against Jean Watkins may proceed. The clerk is instructed to update the docket to remove the names of plaintiff Aaron Young and def endants Bruce Lemmon and Richard Brown. No partial final judgment shall issue at this time as to the claims which are dismissed in this Entry. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendant Jean Watkins in the manner specified by Rule 4(d). Copies Mailed. Signed by Judge William T. Lawrence on 5/25/2016. (MAC)
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Search for this case: LITTLER et al v. LEMMON et al
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Defendant: RICHARD BROWN
Represented By: Amanda Elizabeth Fiorini
Represented By: Betsy M. Isenberg
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Defendant: BRUCE LEMMON
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Defendant: JEAN WATKINS
Represented By: Amanda Elizabeth Fiorini
Represented By: Betsy M. Isenberg
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Plaintiff: PHILLIP LITTLER
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Plaintiff: AARON YOUNG
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