THE ESTATE OF BRIAN KEITH ALLEN et al v. CCA OF TENNESSEE, LLC et al
Filing
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ORDER denying deft Sheriff Anderson's #32 Motion for More Definite Statement (see Order for details). Signed by Magistrate Judge Tim A. Baker on 7/14/2009. (SWM)
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION THE ESTATE OF BRIAN KEITH ALLEN, by its Executor, SUSAN K. WRIGHTSMAN, and ELLA MAE ALLEN, Plaintiffs, vs. CCA OF TENNESSEE, LLC d/b/a CORRECTIONS CORPORATION OF AMERICA, NEIL PROBST, TIMOTHY LITTLE, and MARION COUNTY SHERIFF FRANK ANDERSON, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
1:08-cv-0774-SEB-TAB
ORDER DENYING DEFENDANT SHERIFF ANDERSON'S MOTION FOR MORE DEFINITE STATEMENT Brian Keith Allen collapsed in jail and died within days. Plaintiffs--the Estate of Brian Keith Allen, by its Executor Susan K. Wrightsman, and Ella Mae Allen--have filed various federal and state claims against Marion County Sheriff Frank Anderson, the company which operates the jail, and two staff members at the jail. Plaintiffs' amended complaint does not specify whether Plaintiffs are suing Defendant Sheriff Anderson in his official or individual capacity. [Docket No. 30.] As a result, Defendant Sheriff Anderson filed a motion for more definite statement. [Docket No. 32 at 1.] At a May 4, 2009, pretrial conference held after Defendant Anderson filed this motion, Plaintiffs clarified that they are suing Sheriff Anderson in both his official and individual capacity. [Docket No. 38.] Based upon this clarification, the motion is moot. If Plaintiffs seek further clarification or factual background regarding Plaintiffs' claims, they may
utilize the discovery process. Accordingly, Defendant Sheriff Anderson's motion for more definite statement [Docket No. 32] is denied.
Date: 07/14/2009 _______________________________ Tim A. Baker United States Magistrate Judge Southern District of Indiana
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Copies to: William A. Hahn BARNES & THORNBURG LLP william.hahn@btlaw.com Adam Lenkowsky ROBERTS & BISHOP alenkowsky@roberts-bishop.com Jonathan Lamont Mayes CITY OF INDIANAPOLIS, CORPORATION COUNSEL jmayes@indygov.org Paul K. Ogden ROBERTS & BISHOP pogden@roberts-bishop.com Kenneth T. Roberts ROBERTS & BISHOP ktrobatty@aol.com Tasha Rebecca Roberts ROBERTS AND BISHOP troberts@roberts-bishop.com Michael Rosiello BARNES & THORNBURG LLP mike.rosiello@btlaw.com
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