SHOWALTER v. THE TOWN OF THORNTOWN et al

Filing 60

ORDER Granting re 42 MOTION for Summary Judgment filed by MATT HANKINS. No Partial Final Judgment shall issue at this time (S.O.) cm. Signed by Judge Sarah Evans Barker on 5/5/2010.(MAC)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA STUART SHOWALTER, Plaintiff, vs. JEFF WOODARD, et al., Defendants. ) ) ) ) ) ) ) )

No. 1:08-cv-01283-SEB-TAB

Entry Discussing Motion for Summary Judgment as to Claim Against Matt Hankins To be liable for damages in an action brought pursuant to 42 U.S.C. § 1983, an individual must have personally participated in the alleged constitutional deprivation. Zimmerman v. Tribble, 226 F.3d 568, 574 (7th Cir. 2000); see also Sanville v. McCaughtry, 266 F.3d 724, 740 (7th Cir. 2001) (to be liable for the deprivation of a constitutional right, an individual must personally participate in the deprivation or must direct the conduct or have knowledge of and consent to the conduct). The circumstances which gave rise to the claims in this action occurred in September of 2006. Defendant Matt Hankins is named as a defendant because he was the Town Marshal of the Town of Thorntown beginning in January of 2008. Marshal Hankins did not participate in any of the events in 2006. Accordingly, the motion for summary judgment brought by defendant Matt Hankins is granted. No partial final judgment shall issue at this time as to the claim resolved in this Entry. IT IS SO ORDERED.

Date: 05/05/2010 Distribution: Michael Lynn Parkinson PARKINSON LAW FIRM [e-mail] Mary A. Russell HANNA, GERDE & RUSSELL [e-mail] STUART SHOWALTER P.O. Box 374 Lebanon, IN 46052
_______________________________ SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana