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16-2684 - LAUDERDALE v. LAYTON et al


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16-2684 - LAUDERDALE v. LAYTON et al
November 22, 2016
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ENTRY Screening Complaint and Directing Further Proceedings - Given the foregoing, the following claims are dismissed: Any claim against Sheriff John Layton is dismissed. Lauderdale alleges no actionable wrong doing by Sheriff Layton. Any claim that the plaintiff was denied equal protection under the law is also dismissed because he does not allege that he was treated unfairly based on his membership in any particular protected class.The claims that Deputies William Russell, Devon Clark, Thomas Williams, and Shultz exercised excessive force against the plaintiff and exhibited deliberate indifference to his need for medical attention shall proceed as claims that these defendants violated the plaintiff's constitutional rights and as claims that these defendants battered the plaintiff in violation of Indiana law. The clerk shall terminate defendant Layton from the docket. The defendants have already appeared in this action. They shall have twenty-one days after the issuance of this Entry to file an Answer to the complaint. (See entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 11/22/2016.(JLS)
June 22, 2017
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ENTRY Granting Motion to Amend and Directing Further Proceedings: Plaintiff Lamone Lauderdale's initial complaint was screened in the Entry of November 22, 2016. The claims that are currently proceeding are the claims that Deputies William Russell, Devon Clark, Thomas Williams, and Shultz exercised excessive force against him or failed to protect him from the use of force and exhibited deliberate indifference to his need for medical attention. Lauderdale has filed a motion to amend his complaint seeking to add a number of new claims against a number of new defendants. Lauderdale's motion to amend, dkt. 47, is granted. The clerk shall re-docket the proposed amended complaint [dkt 47-1] as the Amended Complaint. The claims against Talley-Sanders shall proceed as a claim for negligent supervision under Indiana law and a claim that Talley-Sanders was deliberately indifferent to Lauderdale's need for medical attention. Lauderdale also asserts that Marion County Sheriff John Layton was negligent and deliberately indifferent by failing to supervise his employees and provide a safe and secure jail and this resulted in the Lauderdale's injuries. These claims shall proceed. Because Lauderdale has named Duncan and Propst as defendants, the claims against them will be severed. To effectuate this ruling, a new civil action from the Indianapolis Division shall be opened, consistent with the following (SEE ENTRY). The clerk shall add Colonel Eva Talley-Sanders and Sherriff John Layton as defendants. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Talley-Sanders and Layton in the manner specified by Rule 4(d). Process shall consist of the amended complaint, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. Copy to Eva Talley-Sanders and Sheriff John Layton via US Mail. Signed by Judge Tanya Walton Pratt on 6/22/2017. (SWM)
February 26, 2018
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ENTRY - 89 Motion to Enter Default Judgment or the Courts to Intervene is denied because the defendants are not in default. Lauderdale next alleges that defendant Correct Care Solutions of Indiana, LLC, and its medical staff, were negligent and deliberately indifferent to violations of Lauderdale's constitutional rights and his serious medical needs. These claims are dismissed without prejudice because they are misjoined. Lauderdale is reminded that the Court severed his initial claims that medical staff were deliberately indifferent to his medical needs. Those claims are proceeding in case number 1:17-cv-02168-TWP-DML. The clerk is directed to terminate Correct Care Solutions of Indiana, LLC, as a defendant in this action. In count nine of the second amended complaint, Lauderdale attempts to bring a claim of retaliation but does not name any defendants. Therefore, this claim is dismissed for failure to state a claim upon which relief can be granted. Defendants Russell, Schultz, Clark, and Williams, Talley-Sanders, Layton, and Street have already appeared in this action. They shall have twenty-one (21) days to answer the second amended complaint. The clerk shall add Deputy Erich Gephart and Deputy Cameron Nelson as defendants. Because Lauderdale is represented by counsel, he shall serve defendants Gephart and Nelson with the second amended complaint and this Entry, unless counsel requests assistance from the Court. See entry for details. Signed by Judge Tanya Walton Pratt on 2/26/2018. (MEJ)