GREENE v. LOCKETT et al
JERMAINE GREENE |
R. DRUMMY, KLINCK, DR. WILSON, McDONALD, CHARLES LOCKETT and MCKILLOP |
2:2013cv00009 |
January 7, 2013 |
US District Court for the Southern District of Indiana |
Terre Haute Office |
Mark J. Dinsmore |
William T. Lawrence |
Prisoner Petitions - Prison Condition |
28 U.S.C. ยง 1331 Fed. Question |
Plaintiff |
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Filing 47 ENTRY granting Defendants' 41 Motion for Summary Judgment. Even construing the evidence in the light most favorable to Greene, the court concludes that no reasonable jury could find that the defendants acted with deliberate indifference to Greene's serious medical needs. No genuine issues of material fact remain, and the defendants are entitled to judgment as a matter of law. The motion for summary judgment is granted. Judgment consistent with this Entry shall now issue. Copy to Plaintiff via US Mail. **SEE ENTRY** Signed by Judge William T. Lawrence on 9/16/2014. (AH) |
Filing 6 Entry Dismissing Insufficient Claims and Directing Further Proceedings - Claims against the defendants in their official capacities are dismissed. Claims against Warden Charles Lockett are dismissed because this defendant is not alleged to have ha d personal involvement in the treatment of Greene's broken arm. Claims against (1) Nurse Practioner Klink, (2) LPN McKillop, and (3) EMT Drummy, Emergency Medical Technician (EMT) are dismissed as legally insufficient. Greene's claim for injunctive relief is therefore dismissed as moot. No partial final judgment shall issue at this time as to the claim(s) resolved in this Entry. Claims against Dr. Wilson and Physician Assistant McDonald pursuant to the theory recognized in Bivens will proceed. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(2) to issue process to defendants 1) Dr. Wilson, and 2) Physician Assistant McDonald. Process shall consist of a summons. Personal service is required. (See Entry.) Copies Copy to plaintiff via US Mail. Signed by Judge William T. Lawrence on 2/13/2013.(RSF) |
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