GEARNHARDT v. UNITED STATES OF AMERICA

Justia Dockets & Filings Seventh Circuit Indiana Southern District GEARNHARDT v. UNITED STATES OF AMERICA

GEARNHARDT v. UNITED STATES OF AMERICA

Plaintiff:	JOHN P. GEARNHARDT
Defendant:	UNITED STATES OF AMERICA
Case Number:	2:2017cv00186
Filed:	April 24, 2017
Court:	US District Court for the Southern District of Indiana
Office:	Terre Haute Office
Presiding Judge:	Matthew P. Brookman
Presiding Judge:	Larry J. McKinney
Nature of Suit:	Prisoner Petitions - Prison Condition
Cause of Action:	28 U.S.C. § 2674 Federal Tort Claims Act
Jury Demanded By:	None

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Date Filed	Document Text
November 13, 2018	Filing 49 Entry Granting Defendant's Motion for Summary Judgment And Directing Entry of Final Judgment - Plaintiff John P. Gearnhardt, a former federal inmate, alleges that he is entitled to monetary relief because he received inadequate medical treatm ent following cervical fusion surgery in April 2016. The United States seeks resolution of the claims alleged against it through summary judgment. The United States argues that Mr. Gearnhardt cannot establish that the United States was negligent w ith respect to his medical care. In the absence of evidence of a breach of duty or causation, the United States is entitled to summary judgment. Therefore, the United States' motion for summary judgment, dkt 29 , is granted. Judgment consistent with this Entry shall now issue. (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge James R. Sweeney II on 11/13/2018. (DMW)

Date Filed

Document Text

November 13, 2018

Filing 49 Entry Granting Defendant's Motion for Summary Judgment And Directing Entry of Final Judgment - Plaintiff John P. Gearnhardt, a former federal inmate, alleges that he is entitled to monetary relief because he received inadequate medical treatm ent following cervical fusion surgery in April 2016. The United States seeks resolution of the claims alleged against it through summary judgment. The United States argues that Mr. Gearnhardt cannot establish that the United States was negligent w ith respect to his medical care. In the absence of evidence of a breach of duty or causation, the United States is entitled to summary judgment. Therefore, the United States' motion for summary judgment, dkt 29 , is granted. Judgment consistent with this Entry shall now issue. (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge James R. Sweeney II on 11/13/2018. (DMW)

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