DAVIS v. BROWN et al
| SAMUEL DAVIS |
| AMY, K. BLACKMAN, RICHARD BROWN, BYRD, N. DUGGER, T. GOFF, L. MYERS, NICHOLSON and PETTY |
| WVCF (Court Use Only) |
| 2:2016cv00428 |
| November 4, 2016 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Mark J. Dinsmore |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
75
Entry Granting Defendants' Motion for Summary Judgment, Granting Motion for Clarification, And Directing Entry of Final Judgment - Plaintiff Samuel Davis, an Indiana inmate who at all relevant times was incarcerated at the Wabash Valley Correc tional Facility ("WVCF"), brought this action against defendants who are all correctional officers at WVCF. Mr. Davis alleges that on June 16, 2016, defendants Blackman, Dugger, Goff, and Myers violated his Eighth Amendment rights by pus hing him into the corner of his bed, bending his wrist, and closing a cell door on him causing him to be pinned in the doorframe. All four defendants move for summary judgment asserting that Mr. Davis failed to exhaust his administrative remedies before bringing this suit. The parties have each submitted multiple briefs and exhibits in support of their respective positions. For the reasons explained in this Entry, defendants' motion for summary judgment, dkt. 33 , is granted. Plaint iff's December 7, 2017, motion for clarification, dkt. 73 , is granted to the extent the arguments presented were considered by the Court in addressing the motion for summary judgment. This action is dismissed without prejudice for failure to exhaust administrative remedies pursuant to 42 U.S.C. §1997e(a). Final judgment consistent with this Entry shall now issue. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 1/4/2018. (RSF)
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