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15-1712 - THOMPSON v. CITY OF INDIANAPOLIS et al


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15-1712 - THOMPSON v. CITY OF INDIANAPOLIS et al
August 31, 2016
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ORDER ON DEFENDANTS' PARTIAL MOTION TO DISMISS - For the foregoing reasons, HHC's and Medic Cope's Partial Motion to Dismiss (Filing No. 19) is GRANTED in part and DENIED in part. The Court finds that it has subject matter jurisdiction over the state law claims in Counts IV, VII, VIII, X and XI against HHC and/or Medic Cope. This court does not have subject matter jurisdiction over Count VI and that Count is dismissed as to Defendant HHC. **SEE ORDER** Signed by Judge Tanya Walton Pratt on 8/31/2016. (JLS)
April 28, 2017
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ENTRY ON MOTIONS FOR LEAVE TO FILE EVIDENCE AND SURREPLY - For the foregoing reasons, the Court GRANTS Medical Defendants' Motion for Leave to File Supplemental Evidence (Filing No. 76) and DENIES Thompson's Motion for Leave to File Surreply (Filing No. 78). Thompson's proposed surreply (Filing No. 78-1) and its exhibits (Filing No. 78-2; Filing No. 78-3) are STRICKEN from the docket. Thompson is granted leave to file a response to Medical Defendants' new evidence and argument within ten (10) days of the date of this Entry. (See Entry.) Signed by Judge Tanya Walton Pratt on 4/28/2017. (JLS)
September 19, 2017
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ENTRY ON MEDICAL DEFENDANTS' MOTION FOR RECONSIDERATION - 59 Motion for Reconsideration is denied. For the foregoing reasons, the Court determines that it did not commit a manifest error of law or fact in its previous Order denying the Medical Defendants' motion to dismiss, and the newly submitted evidence does not justify an amendment or alteration to the Court's previous Order. Signed by Judge Tanya Walton Pratt on 9/19/2017. (MEJ)
September 25, 2017
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ORDER - 95 Motion for Partial Summary Judgment is granted in part and denied in part. The Court grants the Motion for Partial Summary Judgment to the extent the constitutional claims could be interpreted as being brought against Medic Cope in his official capacity. Therefore, any official capacity claims brought under Section 1983 against Medic Cope or HHC are dismissed. The Court denies the Medical Defendants' Motion for Partial Summary Judgment on the excessive force claim. The Court grants the Medical Defendants' Motion for Partial Summary Judgment on this claim. The Motion for Partial Summary Judgment is granted as to this claim. Summary judgment is GRANTED in favor of the Medical Defendants on any official capacity claims brought under Section 1983. Summary judgment also is GRANTED in favor of the Medical Defendants on Thompson's claims for deliberate indifference/objective unreasonableness and a failure to intervene. However, Thompson's claim for excessive force against Medic Cope remains pending for trial in this litigation. See order for details. Signed by Judge Tanya Walton Pratt on 9/25/2017. (MEJ)
September 29, 2017
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ENTRY ON CITY DEFENDANTS' MOTION FOR SUMMARY JUDGMENT - The Court GRANTS in part and DENIES in part the City Defendants' Motion for Summary Judgment (Filing No. 90). Summary judgment is DENIED on Thompson's constitutional claim for a failure to protect or intervene against Officer Burnett, Officer Spiegl, Officer Bueckers, Ranger Greene, and Sergeant Johnson to the extent the claim is based on Medic Cope's administration of the chemical restraint to Heishman. Summary judgment is GRANTED in favor of each of the City Defendants on all other claims asserted in Thompson's Complaint. With no remaining claims pending against them, Defendants City of Indianapolis, Indianapolis Department of Public Safety, Indianapolis Metropolitan Police Department, and Marion County Sheriff's Department are terminated as defendants in this matter. See entry for details. Signed by Judge Tanya Walton Pratt on 9/29/2017. (MEJ)
December 27, 2017
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ORDER granting 153 Motion for Interlocutory Appeal. The Medical Defendants may proceed to seek interlocutory appeal pursuant to Federal Rule of Appellate Procedure 5 regarding the question of the applicability of the Indiana Medical Malpractice Act to Thompson's claims. Signed by Judge Tanya Walton Pratt on 12/27/2017. (CBU)