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16-2117 - BOHANON v. REIGER et al


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16-2117 - BOHANON v. REIGER et al
April 20, 2017
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ORDER - In the late night of August 7 and early morning of August 8, 2014, Plaintiff Bradford Bohanon and Defendants Officer John "Nick" Serban and Officer Michael Reiger were all drinking at Mikie's Pub when a physical altercation ensued between the officers and Mr. Bohanon. [Filing No. 11 at 3-5.] Mr. Bohanon claims he was battered by the officers while inside and outside of the establishment, and that he sustained injuries as a result of the attack. [Filing No. 11 at 6-7.] On August 5, 2016, Mr. Bohanon filed this litigation against Defendants Officer Reiger, Officer Serban, and the City of Indianapolis, alleging several claims pursuant to 42 U.S.C. § 1983. [Filing 2 No. 1.] On December 1, 2016, Mr. Bohanon filed an Amended Complaint adding 5135 Holdings, Inc. d/b/a Mikie's Pub ("Mikie's Pub") as a party defendant. [Filing No. 11.] Mikie's Pub has now filed a Motion to Dismiss Plaintiff's Amended Complaint Against It Pursuant to Federal Rule of Civil Procedure 12(b)(6), arguing that the allegations of Mr. Bohanon's original and amended complaints establish that his claims against Mikie's Pub are time-barred by the statute of limitations. [Filing No. 30.] For the reasons detailed below, the Court grants Mikie's Pub's motion to dismiss. the Court STRIKES Mr. Bohanon's two exhibits, [Filing No. 53-1; Filing No. 53-2], and GRANTS Mikie's Pub's Motion to Dismiss Plaintiff's Amended Complaint Against It Pursuant the Federal Rule of Civil Procedure 12(b)(6), [Filing No. 30]. Specifically, Mr. Bohanon's claims for premises liability and a violation of Indiana's Dram Shop Act against Mikie's Pub are time-barred. Mr. Bohanon's claims against Officer Reiger and Officer Serban for assault, battery, false imprisonment, and conversion pursuant to 42 U.S.C. § 1983, and the City of Indianapolis for respondeat superior pursuant to 42 U.S.C. § 1983 remain. No partial judgment shall issue at this time. (See Order.) Signed by Judge Jane Magnus-Stinson on 4/20/2017. (RSF)
January 17, 2018
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ENTRY - In the early hours of the morning on August 7, 2014, Plaintiff Bradford Bohanon became involved in a confrontation with two police officers while the three were drinking at Mikie's Pub in Indianapolis. The incident left Mr. Bohanon bloodied and unconscious. The Indianapolis Metropolitan Police Department ("IMPD") investigated and then-Chief Rick Hite ultimately concluded that the involved officers, Defendants Michael Reiger and John Serban, should be terminated for their actions. Mr. Bohanon brought suit, alleging several claims stemming from the incident at Mikie's Pub. Now pending is Defendant City of Indianapolis' ("City") Motion for Summary Judgment, [Filing No. 105], which requires the Court to determine whether the City may be held liable for the officers' alleged violations of Mr. Bohanon's constitutional rights under the theory recognized in Monell v. Department of Social Services of City of New York, 436 U.S. 658 (1978). Because genuine issues of fact exist as to whether the IMPD's policies on policing while drinking caused one of Mr. Bohanon's alleged constitutional injuries, the Court GRANTS IN PART and DENIES IN PART the City's Motion. Genuine issues of material fact exist precluding summary judgment on Mr. Bohanon's excessive force Monell claim against the City. Mr. Bohanon's other Monell theories lack evidentiary support and therefore fail as a matter of law. Therefore, the Court GRANTS IN PART and DENIES IN PART the City's Motion for Summary Judgment 105. The Court will set a trial date and related deadlines by separate order. (SEE ENTRY). Copy to Defendant Reiger via US Mail. Signed by Judge Jane Magnus-Stinson on 1/17/2018. (APD)
January 17, 2018
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ENTRY - On July 31, 2017, the Clerk entered default against Defendant Michael Reiger. [Filing No. 92.] On August 2, 2017, Mr. Bohanon filed the instant unopposed Motion for Entry of Default Judgment against Mr. Reiger, [Filing No. 93], requesting that the Clerk enter judgment in the amount of $350,000.00, [Filing No. 93-1 at 2; Filing No. 93-2 at 1]. Mr. Reiger has appeared and is proceeding pro se. [See, e.g., Filing No. 100; Filing No. 101.] At a hearing held on October 17, 2017, the Magistrate Judge reminded Mr. Reiger of the entry of default and pending motion for default judgment. [Filing No. 112.] The time for Mr. Reiger to respond to Mr. Bohanon's Motion for Default Judgment has expired, and the Motion is therefore ripe for determination. Mr. Bohanon has demonstrated his entitlement to default judgment against Mr. Reiger. The Clerk has entered default against Mr. Reiger, [Filing No. 92], and Mr. Reiger has not moved to set aside that default. However, Mr. Bohanon's claim does not seek a sum certain, as his damages from the allegedly tortious actions of Mr. Reiger are not readily ascertainable from documentary evidence. Entry of judgment by the clerk under Rule 55(b)(1) is inappropriate. The Court therefore GRANTS Mr. Bohanon's Motion for Default Judgment 93 as to liability only. The matter of damages must be determined at a damages hearing pursuant to Rule 55(b)(2). The hearing will be conducted after Mr. Bohanon's claims against Defendant City of Indianapolis have been resolved, either at trial or by settlement. (See Entry). Copy to Defendant Reiger via US Mail. Signed by Judge Jane Magnus-Stinson on 1/17/2018. (APD)