YAZIDI v. OSBURN

Filing 48

ORDER granting Defendants' 34 Motion for Summary Judgment. No partial final judgment shall issue at this time as to the claims resolved in this Entry (S.O.) cm. Signed by Judge Sarah Evans Barker on 4/19/2010. (MAC)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA ADEL YAZIDI Plaintiff, vs. OFFICER HOUGHTON, et al., Defendants. ) ) ) ) ) ) ) ) No. 1:08-cv-1010-SEB-TAB Entry Discussing Motion for Summary Judgment as to Claims Asserted Pursuant to the Indiana Constitution I. Plaintiff Adel Yazidi is confined at an Indiana prison and alleges in this action that he was mistreated by the defendants. Yazidi asserts claims pursuant to 42 U.S.C. 1983. He also asserts claims under Article I, 2 of the Indiana Constitution. Because there is no private right of action for damages under the Indiana Constitution under the circumstances presented here, the defendants' motion for summary judgment (dkt 34) as to claims for damages asserted pursuant to the Indiana Constitution must be granted. See Smith v. Indiana Dep't of Corr., 871 N.E.2d 975, 978 (Ind.Ct.App. 2007). II. No partial final judgment shall issue at this time as to the claims resolved in this Entry. IT IS SO ORDERED. Date: 04/19/2010 _______________________________ SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana Distribution: Laura Lee Bowker laura.bowker@atg.in.gov Akia Haynes akia.haynes@atg.in.gov Adel Yazidi DOC #164034 Putnamville Correctional Facility 1946 West U.S. 40 Greencastle, IN 46135

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