AL-KASSAR v. BUREAU OF PRISONS et al.
| MONZER AL-KASSAR |
| AMY ADAMS, BUREAU OF PRISONS, N. COLE, FNU DUBBINS, FRANK HART, S. JULIAN, EVELYN KELLER, D. MATTHEWS, FNU MCCOY, CORY MILLER, FNU RIGSBY, FNU RODRIGUEZ, ROBERT ROLOFF, M. SAMPLE, FNU SULLIVAN, CLINT SWIFT and UNKNOWN PARTY |
| 2:2018cv00086 |
| February 27, 2018 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| William T. Lawrence |
| Doris L. Pryor |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1346 Tort Claim |
| None |
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The following documents for this case are available for you to view or download:
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Filing
294
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Mr. al-Kassar has not shown that the United States was negligent in its treatment of him during his confinement in the CMU SHU at the FCI Terre Haute from September 16, 2016 and October 19, 2016. He similarl y has not shown that the United States subjected him to negligent or intentional infliction of emotional distress. Judgment consistent with this conclusion, the Court's screening Order, dkt. 44 , and the Entry Sustaining Affirmative Defense of Exhaustion, dkt. 193 , shall now issue. SEE ORDER. Copy to plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 9/28/2023.(KAA)
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Filing
269
ORDER DIRECTING PLAINTIFF'S PRESENCE AT TRIAL BY VIDEO - Mr. al-Kassar will participate in the bench trial remotely by video. The Court will issue separate orders to ensure his presence and anticipates that the United States will facilitate his participation as stated in the affidavit of Kathy Hill. (SEE ORDER.) Copy sent to plaintiff via US mail. Signed by Judge James Patrick Hanlon on 2/1/2023.(TPS)
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Filing
212
ENTRY DENYING MOTION TO AMEND ANSWER - This case has now been pending more than three years and adding a new defense without any justification more than two years after the Answer was filed, would unnecessarily prejudice Plaintiff. Because justice does not require the amendment, the motion for leave to amend answer, dkt. 199 , is DENIED. SEE ORDER. Copy to plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 9/2/2021. (KAA)
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Filing
193
ENTRY SUSTAINING DEFENDANTS' AFFIRMATIVE DEFENSE OF EXHAUSTION AFTER PAVEY HEARING - The motion in limine, dkt. 162 , is denied in part and granted in part, consistent with the Court's discussion of how it weighed the evidence throughout this Entry. The defendants' affirmative defense of failure to exhaust available administrative remedies relating to Mr. Al-Kassar's Bivens claims is sustained. The Bivens claims are dismissed without prejudice. This leaves for resolut ion the Federal Tort Claim Act claim. The parties shall have through April 9, 2021, in which to report whether it would be beneficial to set the matter for a settlement conference with the Magistrate Judge. If a settlement conference is not requ ested, the parties shall have through April 30, 2021, in which to either file a dispositive motion on the Federal Tort Claim Act claim or report that genuine issues of material facts preclude such a filing. If a motion for summary judgment is filed, briefing shall proceed in accordance with Local Rule 56-1. Copy to Plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 3/31/2021. (KAA)
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Filing
119
ENTRY GRANTING MOTION TO RECONSIDER - Plaintiff's motion to reconsider the dismissal of and reinstate the retaliation claim, dkt. 104 , is GRANTED to the extent that whether the plaintiff exhausted his administrative remedies with respect to the retaliation claim asserted against defendant Keller will also be addressed during the Pavey hearing, to be scheduled in a separate Order. Copy to Plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 3/16/2020. (KAA)
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Filing
103
ENTRY DENYING MOTION FOR PARTIAL STAY OF PROCEEDINGSAND DIRECTING FURTHER PROCEEDINGS - The Court agrees that a Pavey hearing will likely present complicated logistical issues and a great deal of expense for the parties and the Court, but Defendant s are the ones who have asserted that affirmative defense. There is no basis to potentially preclude the plaintiff from litigating his Bivens claims simply because Defendants' exhaustion defense is a burden for Defendants to litigate. Defenda nts' motion for partial stay of proceedings, dkt. 96 , is denied. Defendants shall have January 24, 2020, in which to notify the Court of their decision to either a) proceed with a Pavey hearing, or b) withdraw the exhaustion defense. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 12/20/2019. (RSF)
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Filing
12
ENTRY Discussing Complaint, Dismissing Insufficient Claims, And Directing Service of Process - The clerk is designated pursuant to Rule 4 (c)(3) of the Federal Rules of Civil Procedure to issue process to defendants S. Julian, FNU Rigsby, M. Sam ple, Clint Swift, Evelyn Keller, FNU Rodriguez, Robert Roloff, FNU McCoy, FNU Dubbins, Cory Miller, FNU Sullivan, Frank Hart, and Amy Adams, and the officials designated pursuant to Rule 4(i)(1) and 4 (i)(3). Process shall consist of a summon s, which shall be served with a copy of the complaint filed on February 26, 2018, docket 1, and a copy of this Entry, by the Marshal for this District or his deputy, at the expense of the United States. Because the plaintiff is proceeding, in part, under the theory recognized in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), personal service is required. Robinson v. Turner, 15 F.3d 82 (7th Cir. 1994). The clerk shall update the docket to di smiss and terminate defendants Federal Bureau of Prisons, D. Matthews, N. Cole, and the Unknown Correctional Officers (SEE ENTRY FOR ADDITIONAL INFORMATION). Signed by Judge William T. Lawrence on 5/24/2018. Copies distributed pursuant to distribution list. (DW)
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