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15-344 - CHARLES v. HORN et al


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15-344 - CHARLES v. HORN et al
August 23, 2016
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Entry Granting Motion for Summary Judgment and Directing Entry of Final Judgment - Elmer Defory Charles filed this action on November 2, 2015, contending that her Constitutional Rights were violated while she was incarcerated in the Indiana Department of Correction ("IDOC"). Charles alleges that Officer A. Bourland, Sgt. Horn, Sgt. Vrizna, and Sgt. Crusie violated her Eighth Amendment rights by using unnecessary force, sexually assaulting and abusing her on October 13, 2015. She also claims that her Eighth Amendment rights were violated when these same officers denied her medical treatment. These actions were allegedly taken in retaliation for Charles' prior attempts to report sexual abuse by another officer in violation of the First Amendment. The defendants move for summary judgment arguing that Charles failed to exhaust her available administrative remedies as required by the Prison Litigation Reform Act ("PLRA"), 42 U.S.C. ยง 1997e(a), before filing this lawsuit. The defendants' motion for summary judgment 25 is granted. Judgment consistent with this Entry shall now issue. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 8/23/2016. (RSF)