AMENDED COMPLAINT (REDACTED) TANYA WALTON PRATT , District Judge . The Plaintiff, "JOHN DOE", 1 an individual ("Plaintiff"), by and through his undersigned counsel, files this Complaint seeking both compensatory damages (in excess of $75,000.00) from, and injunctive relief against, BUTLER UNIVERSITY, an Indiana non-profit corporation ("BUTLER"), JAMES M. DANKO, an individual ("DANKO"), LEVESTER JOHNSON, an individual ("JOHNSON'), STACIE COLSON PATTERSON, an individual ("PATTERSON"), ANNE...
FINAL JUDGMENT PURSUANT TO FED. R. CIV. PRO. 58 TANYA WALTON PRATT , District Judge . The Court having made its Entry directing the entry of final judgment, the Court now enters FINAL JUDGMENT. For the reasons detailed in the Court's Entry Following Damages Hearing, the Court now enters FINAL JUDGMENT in this action in favor of Plaintiffs (1) Dave Tharp, Board of Trustees Chairman, and Doug Robinson, Board of Trustees Secretary, on behalf of Indiana/Kentucky/Ohio Regional Council of...
REPORT AND RECOMMENDATION TIM A. BAKER , Magistrate Judge . Plaintiff Cynthia F. Chandler appeals the Commissioner's decision denying her claim for Social Security benefits. Chandler argues that the Administrative Law Judge assessed a residual functioning capacity that is not supported by substantial evidence and failed to properly evaluate her symptoms. For the reasons below, the Magistrate Judge recommends that Chandler's brief in support of appeal be denied. [ Filing No. 20. ] I....
Magistrate Judge's Report and Recommendation DEBRA McVICKER LYNCH , Magistrate Judge . This matter is before the undersigned according to the Order entered by the Honorable Richard L. Young, directing the duty magistrate judge to conduct a hearing on the Petition for Warrant or Summons for Offender Under Supervision ("Petition") filed on December 6, 2016, and to submit proposed Findings of Facts and Recommendations for disposition under 18 U.S.C. 3401(i) and 3583(e). Proceedings were...
REPORT AND RECOMMENDATION MARK J. DINSMORE , Magistrate Judge . Ryan E. Davis ("Davis") requests judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying his application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act ("the Act"). See 42 U.S.C. 416(i), 423(d), 1382c(a)(3)(A). For the reasons set forth below, the Magistrate Judge recommends that the District Judge AFFIRM the decision...
Report and Recommendation on Defendants' Motions for Judgment on the Pleadings DEBRA McVICKER LYNCH , Magistrate Judge . Plaintiff Donnell Sawyer is proceeding pro se. His complaint seeks relief against two law firms and certain lawyers within those firms based on alleged legal malpractice. The defendants represented him and several other plaintiffs in a product liability lawsuit filed in 2006 in Marion County, Indiana, against Eli Lilly and Company involving the drug Zyprexa ("Lilly...
Report and Recommendation to Dismiss Certain Defendants Without Prejudice DEBRA McVICKER LYNCH , Magistrate Judge . Rule 4(m) of the Federal Rules of Civil Procedure requires a defendant to be served within 90 days after a complaint is filed. Plaintiff J & J Sports Productions, Inc. filed its complaint on April 29, 2016. In response to the court's October 20, 2016 order requiring the plaintiff to show cause why its complaint should not be dismissed without prejudice under Rule 4(m), J & J...
ENTRY ON MOTION FOR SUMMARY JUDGMENT TANYA WALTON PRATT , District Judge . This matter is before the Court on a Motion for Summary Judgment filed pursuant to Federal Rule of Civil Procedure 56 by Defendants Dustin Dixon ("Sergeant Dixon") and Nathan A. Biddle ("Deputy Biddle") (collectively "Defendants"). ( Filing No. 38. ) During a traffic stop by police officers, Plaintiff Louis R. Pastore ("Pastore") was severely injured when a police dog was released on him as he attempted to exit his...
ENTRY ON DEFENDANT'S MOTION TO ALTER OR AMEND JUDGMENT TANYA WALTON PRATT , District Judge . This matter is before the Court on a Motion to Alter or Amend Judgment ("Motion to Amend Judgment") filed pursuant to Federal Rule of Civil Procedure 59(e) by Defendant Dr. Jerome Adams in his official capacity as the Indiana State Health Commissioner ("State Defendant") ( Filing No. 119) . The Plaintiffs in this case are a number of female, same-sex married couples and their children whose birth...
ORDER ADOPTING REPORT AND RECOMMENDATION TANYA WALTON PRATT , District Judge . The Magistrate Judge submitted her Report and Recommendation on Plaintiff's Motion to Reconsider Order Denying Plaintiff's Motion to Hold Defendants in Contempt. The parties were afforded due opportunity pursuant to statute and the rules of this Court to file objections; none were filed. The Court, having considered the Magistrate Judge's Report and Recommendation, hereby adopts the Magistrate Judge's Report...
REPORT AND RECOMMENDATION TIM A. BAKER , Magistrate Judge . On November 30, 2016, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on August 31, 2016. Defendant Gregory Cobbs appeared in person with his appointed counsel William Dazey. The government appeared by Nicholas Linder, Assistant United States Attorney. U. S. Parole and Probation appeared by Officer Chris Dougherty. The Court conducted the following procedures in accordance with...
Entry Discussing Petition for Writ of Habeas Corpus WILLIAM T. LAWRENCE , District Judge . The petition of Lorenzo Borders for a writ of habeas corpus challenges a prison disciplinary proceeding identified as No. WVD 15-04-0003. For the reasons explained in this Entry, Borders's habeas petition must be denied. Discussion A. Overview Prisoners in Indiana custody may not be deprived of good-time credits, Cochran v. Buss, 381 F.3d 637 , 639 (7th Cir. 2004) (per curiam), or of credit-...
Entry Discussing Motion for Summary Judgment JANE MAGNUS-STINSON , Chief District Judge . Plaintiff Herman Armstrong, a former inmate of the Bureau of Prisons ("BOP") at the Federal Correctional Institution in Terre Haute, Indiana, brought this action alleging that the defendant, Dr. T. Bailey, was deliberately indifferent to his serious medical needs in violation of his Eighth Amendment rights. Dr. Bailey moves for summary judgment arguing that Mr. Armstrong failed to exhaust his...
ENTRY ON JUDICIAL REVIEW TANYA WALTON PRATT , District Judge . Plaintiff Brandy Towle ("Towle") requests judicial review of the final decision of the Commissioner of the Social Security Administration (the "Commissioner"), denying her applications for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. 423(d), and for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act, 42 U.S.C. 1382c(a)(3). For the following reasons,...
ORDER JANE MAGNUS-STINSON , Chief District Judge . Plaintiff Courtney Judd applied for disability benefits under the Social Security Act on March 15, 2013. [Filing No. 14-2 at 17.] Her claim was denied both initially and on reconsideration, and a hearing was held before Administrative Law Judge ("ALJ") Ronald T. Jordan on January 13, 2015. [Filing No. 14-2 at 17.] On January 23, 2015, the ALJ issued an opinion concluding that Ms. Judd was not disabled as defined by the Social Security Act....
REPORT AND RECOMMENDATION MARK J. DINSMORE , Magistrate Judge . Plaintiff Christopher Dixon requests judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying his application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act ("the Act"). 1 See 42 U.S.C. 1382c. For the reasons set forth below, the Magistrate Judge recommends that the District Judge REVERSE the decision of the Commissioner...
Denying Petition for Writ of Habeas Corpus and Directing Entry of Final Judgment JANE MAGNUS-STINSON , Chief District Judge . I. "A prisoner challenging the process he was afforded in a prison disciplinary proceeding must meet two requirements: (1) he has a liberty or property interest that the state has interfered with; and (2) the procedures he was afforded upon that deprivation were constitutionally deficient." Scruggs v. Jordan, 485 F.3d 934 , 939 (7th Cir. 2007). The question...
REPORT AND RECOMMENDATION DENISE K. LARUE , Magistrate Judge . On April 4, 2016 and December 9, 2016, the Court held hearings on the Petition for Warrant or Summons for Offender Under Supervision filed on March 16, 2016. Defendant Smtih appeared in person with his appointed counsel Michael Donahoe. The government appeared by Matthew Lasher, Assistant United States Attorney. U. S. Parole and Probation appeared by Officer Timothy Hardy. The Court conducted the following procedures in...
ENTRY ON JURISDICTION TANYA WALTON PRATT , District Judge . It has come to the Court's attention that Plaintiff's Complaint fails to allege all of the facts necessary to determine whether this Court has subject matter jurisdiction over this case. The Complaint alleges that this Court has jurisdiction based upon diversity of citizenship. However, the Complaint fails to sufficiently allege the citizenship of Defendant Gemini Transport, LLC. Citizenship is the operative consideration for...
ORDER TIM A. BAKER , Magistrate Judge . Plaintiff Beth Staley appeals the Administrative Law Judge's denial of her application for Social Security benefits. Staley raises four issues on appeal: (1) whether the ALJ failed to consider all of Staley's conditions at step two, (2) whether the ALJ failed to consider all of Staley's conditions at step three, (3) whether the Residual Functional Capacity is supported by substantial evidence, and (4) whether the hypothetical to the Vocational Expert...
