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16-3316 - LEWIS v. STIRES et al


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16-3316 - LEWIS v. STIRES et al
August 17, 2017
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See entry for details. Signed by Judge Tanya Walton Pratt on 8/17/2017. (MEJ)ENTRY ON MOTIONS FOR PARTIAL DISMISSAL - 12 Motion to Dismiss is granted. 15 Motion to Dismiss for Failure to State a Claim is granted. 52 Motion to Join the Elwood Defendants' Response is granted. Specifically, Mr. Lewis' Eighth Amendment claims under Count One; the entirety of Counts Two and Three; as well as Mr. Lewis' claims against Chief Caldwell and Sheriff Mellinger for maintaining a policy, custom, or practice of deliberate indifference towards police misconduct under Counts Four and Five are DISMISSED. Count Six--Mr. Lewis' claims that Defendants' actions amount to intentional, willful, and wanton misconduct--is DISMISSED to the extent that Count Six regards the claims dismissed under Counts One through Five. The City of Elwood, Indiana and Madison County Indiana are TERMINATED as defendant in this action and the following claims remain: Count One-Officer Stires, Officer Traylor and Deputy Hiatt violated the Fourth Amendment when using their electronic control weapons against Mr. Lewis; Count Four-Chief Caldwell negligently hired and carelessly retained Officer Stires and Officer Traylor; and Count Five-Sheriff Mellinger was negligent in hiring and careless in retaining Deputy Hiatt.
March 31, 2018
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ORDER denying Defendants' 111 Motion to Maintain Document Under Seal. See Order. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Doris L. Pryor on 3/31/2018. (SWM) Modified on 4/2/2018 (SWM).
May 9, 2018
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ENTRY ON PENDING MOTIONS - The Elwood Defendants' Motion for Summary Judgment (Filing No. 108) is GRANTED. The Madison County Defendants' Motion to Enforce Settlement Agreement (Filing No. 115) is GRANTED and the Court ORDERS dismissal of this action against the Madison County Defendants, consistent with the settlement agreement of the parties. Within ten days of this Entry, the Madison County Defendants shall file a Rule 67 Motion and deposit the settlement funds with the Clerk of Court. Thereafter, Lewis and the lienholders may contact the Magistrate Judge if they believe a settlement conference would be helpful in determining how the proceeds should be divided. Lewis' Motion to Dismiss (Filing No. 116) is GRANTED. His Motion for Court Assisted Subpoena of Arrest Audio (Filing No. 122), Motion for Federal Government Intervention (Filing No. 123), Motion to Strike Motion to Dismiss and to Deny (Filing No. 124), Information of Corruption to the Court (Filing No. 130), Motion to Vacate Verbal Settlement Agreement Due to Corruption (Filing No. 131), Motion to Compel Financial Records from Defendants (Filing No. 132), Motion to Compel Kyle Jones to Surrender Evidence (Filing No. 133), and Motion to Serve Handwritten Motions on Opposing Parties (Filing No. 134) are each DENIED on the merits or because the motion is moot. A final judgment as to all claims will issue under a separate entry. (See Entry.) Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 5/9/2018. (NAD)