JONES v. RUOFF et al
| FREDERICK D. JONES |
| EDGELL and CLINTON RUOFF |
| 4:2016cv00028 |
| February 24, 2016 |
| US District Court for the Southern District of Indiana |
| New Albany Office |
| Tim A. Baker |
| Tanya Walton Pratt |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
90
ENTRY ON PLAINTIFF'S MOTION TO COMPEL, MOTION FOR SANCTIONS, AND RENEWED MOTION FOR ASSISTANCE WITH RECRUITING COUNSEL - This matter is before the Court on several Motions filed by Plaintiff Frederick D. Jones ("Jones"). The claims th at are proceeding in this action are federal claims of false arrest, unlawful search, and malicious prosecution arising under the Fourth Amendment to the United States Constitution and the denial of equal protection claim arising under the Fourtee nth Amendment, and a state law claim of perjury. The Court will address each motion in turn. The defendants shall tender a proposed protective order within fourteen (14) days of the issuance of this Entry. The Plaintiff's Motion to Compel 75 is GRANTED with the limitation that Jones shall be required to comply with a protective order, to be issued. The Plaintiff's Motion for Sanctions based on the Defendants' position taken on his request for copies of various police departm ent policies 84 is DENIED as meritless. Jones Motion for Assistance with Recruiting Counsel 80 is DENIED for the present. The Court will, however, be alert to the possibility of recruiting representation for Jones at trial or at other points in the case where his incarceration and pro se status would make it particularly difficult for Jones to proceed without representation. The Court will also be alert to the possibility of assisting with recruiting counsel should the matter proceed to trial in which the assistance of counsel would be a benefit to both Jones and the Court. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 8/9/2016. (RSF)
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Filing
30
ENTRY Discussing Second Amended Complaint, Dismissing Insufficient Claims, and Directing Further Proceedings - The plaintiff, Frederick D. Jones ("Mr. Jones"), an inmate at the Floyd County Jail, brings this civil rights complaint pursuant to 42 U.S.C. § 1983. His motion to file a second amended complaint [dkt. 15 ] is granted. The clerk shall update the docket by modifying docket 15 to be the "SECOND AMENDED COMPLAINT." The misjoined claims against Sheriff Loop and Det ective Furman are dismissed without prejudice from this action. Any constitutional claim against Brian Chastain is dismissed for failure to state a claim upon which relief can be granted. Any claim against Prosecutor Bansbach is dismissed for failure to state a claim upon which relief can be granted because prosecutors are entitled to absolute immunity from claims for damages for activities which are "intimately associated" with the judicial process such as initiating and pursuing a cr iminal prosecution. The conspiracy claim is dismissed for failure to state a claim upon which relief can be granted. Mr. Jones' federal claims of false arrest, unlawful search, and malicious prosecution arising under the Fourth Amendment to the United States Constitution and the denial of equal protection claim arising under the Fourteenth Amendment, and his state law claim of perjury, shall proceed against Officer Ruoff and Officer Edgell. Defendant Officers Ruoff and Edgell shall have through May 2, 2016, in which to respond to the second amended complaint filed on March 10, 2016. The stay issued on March 18, 2016, is lifted. Copy sent to plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 4/1/2016. (MAG)
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Filing
4
ENTRY Granting In Forma Pauperis Status, Discussing Complaint, and Directing Service of Process - Plaintiff's motion to proceed in forma pauperis dkt. 2 is granted. The assessment of an initial partial filing fee is not feasible at this time. The Court discerns Mr. Jones' claims to be false arrest and malicious prosecution under the Fourth Amendment to the United States Constitution. These claims will proceed against both defendants. The clerk is designated pursuant to Fed. R. Civ. P . 4(c) to issue process to defendants Officer Clinton Ruoff and Officer Edgell in the manner specified by Rule 4(d). Process shall consist of the complaint filed on February 24, 2016, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. See Entry for additional details. Copy sent to plaintiff, Officer Clinton Ruoff, and Officer Edgell via US Mail. Signed by Judge Tanya Walton Pratt on 2/25/2016. (MAG)
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