Freeman v. Engelman et al

Filing 27

OPINION AND ORDER GRANTING 24 MOTION for Partial Summary Judgment filed by Gary Hensler, Darrick Engelman; the case will go forward on remaining claim that dfts used excessive and unreasonable force on pltf. Signed by Magistrate Judge Roger B Cosbey on 12/11/08. (jcp)

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION JERNARD A. FREEMAN Plaintiff, v. DARRICK ENGELMAN, Fort Wayne City Police Officer (#1628), and GARY HENSLER, Fort Wayne City Police Officer (#1690), Defendants. ) ) ) ) ) ) ) ) ) ) ) )

Case No. 1:08-CV-0155

OPINION AND ORDER This matter is before the Court on the motion for partial summary judgment filed by Defendant Darrick Engelman. (Docket # 24.) The Plaintiff's response (Docket # 26) indicates that he cannot make out a claim for a violation of his right to access to the courts. Accordingly, the motion will be GRANTED. It is therefore ordered that the motion for partial summary judgment (Docket # 24) is GRANTED and the Plaintiff shall take nothing from Defendant Engelman on the claim alleging a violation of his right to access to the courts. The case will go forward on the remaining claim that the Defendants used excessive and unreasonable force on the Plaintiff. SO ORDERED. Enter for December 11, 2008. S/Roger B. Cosbey Roger B. Cosbey, United States Magistrate Judge