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15-227 - BERRYMAN v. BOOKER et al


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15-227 - BERRYMAN v. BOOKER et al
January 5, 2018
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Entry Discussing Defendants' Motion for Summary Judgment and Other Pending Motions and Directing Entry of Final Judgment - Plaintiff Michael Berryman brings this action under the theory of Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). Mr. Berryman at all times relevant to this action was incarcerated at the Federal Correctional Institution in Terre Haute, Indiana ("FCI-TH"). Mr. Berryman's motion to appoint counsel, dkt. 143, is denied as moot. Mr. Berryman's motion requesting status of case, dkt. 144, is granted consistent with the findings issued in this Entry. Defendant Officers Booker and Cox are entitled to summary judgment on Mr. Berryman's claims of excessive force and failure to intervene. Accordingly, their motion for summary judgment, dkt. 121, is granted. Judgment consistent with this Entry and with the screening Entry of October 6, 2015, dkt. 13, dismissing other claims, shall now issue. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 1/5/2018. (RSF)