DAMIANI v. ALLEN et al
| APRIL DAMIANI |
| MICHAEL ALLEN, AS-YET UNIDENTIFIED FRENCH LICK POLICE DEPARTMENT EMPLOYEES, AS-YET UNIDENTIFIED INDIANA STATE POLICE DEPARTMENT EMPLOYEES, AS-YET UNIDENTIFIED WEST BADEN POLICE DEPARTMENT EMPLOYEES, INDIANA STATE POLICE DEPARTMENT, TOWN OF FRENCH LICK, TOWN OF WEST BADEN SPRINGS and BOBBY TROUTMAN |
| 4:2016cv00053 |
| April 4, 2016 |
| US District Court for the Southern District of Indiana |
| New Albany Office |
| Tim A. Baker |
| Sarah Evans Barker |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
207
ENTRY ON PLAINTIFF'S MOTION TO CERTIFY APPEAL AS FRIVOLOUS AND OFFICER TROUTMAN'S AND WEST BADEN'S MOTION TO CERTIFY APPEAL - 200 Plaintiff's Motion to Certify Trooper Allen's appeal as frivolous is DENIED. Since Trooper Allen's appeal is not frivolous, the court also DENIES as moot 193 Motion to Set a Trial Date or Scheduling Conference. Should the court's decision get affirmed, the court will set the appropriate schedule at that time. 202 Officer Troutman's and West Baden's Motion to Certify the Summary Judgment Order for Immediate Interlocutory Appeal is DENIED. See Entry for details. Signed by Judge Richard L. Young on 12/11/2018. (LBT)
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Filing
190
ENTRY ON THE PARTIES' MOTIONS TO EXCLUDE AND LIMIT EXPERT TESTIMONY AND ON THE DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT - 163 Motion to Exclude and/or Limit Testimony of Plaintiff's Expert Witnesses is GRANTED in part and DENIED in part. 165 Motion to Bar the Testimony of Randall Murphy is GRANTED in part and DENIED in part. 166 Motion to Bar Portions of the Testimony of Thomas Sozio is DENIED. 167 Motion to Par the Testimony of Bryan Chiles is DENIED. 131 French L ick's Motion for Summary Judgment is GRANTED. 128 West Baden and Officer Troutman's Motion for Summary Judgment is GRANTED in part and DENIED in part. 133 Trooper Allen, Detective Staggs and Sergeant Suding's Motion for Summary J udgment is GRANTED in part and DENIED in part. Three claims remain for trial: Excessive force in violation of 42 U.S.C. § 1983 against Trooper Allen and Officer Troutman; Assault and battery against West Baden under a respondeat superior theory of liability; Wrongful death against West Baden under a respondeat superior theory of liability. See Entry for details. Signed by Judge Richard L. Young on 8/28/2018. (LBT)
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