RACKEMANN v. CARTER et al
| KENNETH RACKEMANN |
| DAVE BHANAT, DICK BROWN, SAMUEL J. BYRD, ROBERT E. CARTER, JR., MARY CHAVEZ, KIM HOBSON, REGINA ROBINSON and SHARMA |
| WVCF (Court Use Only) |
| 2:2018cv00232 |
| May 16, 2018 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Jane Magnus-Stinson |
| Doris L. Pryor |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
103
Order Granting Defendant Dr. Bhanat Dave's Motion for Summary Judgment - Indiana prison inmate Kenneth Rackemann filed this lawsuit on May 16, 2018, seeking damages against the defendants for deliberate indifference to his serious medical need s. Mr. Rackemann asserts his claims under the Eighth Amendment pursuant to 42 U.S.C. § 1983. Defendant Dr. Bhanat Dave is a Terre Haute physician in private practice who sometimes treats prisoners at the Terre Haute hospital. Asserting, among other things, that he is not a state actor, he seeks summary judgment on that basis. Dkt. 40. For the reasons that follow, the Court holds that Dr. Dave is not a state actor and therefore not liable under § 1983. His motion for summary judgm ent is granted and the amended complaint against him is dismissed with prejudice. The claims against Dr. Dave are dismissed with prejudice. Because four other defendants remain in this action, no partial final judgment is necessary. There is no evid ence in the record to indicate that defendant Dr. Bhanat Dave was a state actor when he provided medical services to Mr. Rackemann. Dr. Dave's motion for summary judgment, dkt. 40 , is granted. The claims against Dr. Dave are dismissed with prejudice. Because four other defendants remain in this action, no partial final judgment is necessary. (See Order.) Signed by Judge James R. Sweeney II on 9/27/2019. (RSF)
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