BROWN v. MAINTENANCE- DENIS WOODRUFF et al

Filing 51

ORDER granting 42 Motion for Summary Judgment of the medical defendants, those being Diana Dickerson, Dr. Kiani, and Dr. Cullinan; granting 49 Motion for Summary Ruling. The ruling in this Entry does not resolve all claims against all parties. 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 8/10/2010. (MAC)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA COREY NATHANIEL BROWN, ) ) Plaintiff, ) vs. ) ) MAINTENANCE - DENIS WOODRUFF, et al., ) ) Defendants. )

1:08-cv-1564-SEB-TAB

Entry Discussing Motion for Summary Judgment of Medical Defendants I. For the reasons explained in this Entry, the motion for summary judgment of the medical defendants, those being Diana Dickerson, Dr. Kiani, and Dr. Cullinan (dkt 43) is granted. II. The unopposed motion for summary judgment filed by the medical defendants in this civil rights action (dkt 42) is granted because the undisputed evidentiary record and the undisputed facts established through such motion establish that they are entitled to judgment as a matter of law. Specifically, that record establishes that none of the medical defendants were deliberately indifferent to the plaintiff's serious medical needs while the plaintiff was confined at the Clinton County Jail during the period relevant to the plaintiff's claims. The absence of a genuine dispute of material fact as to this necessary element to the claim against the medical defendants entitles them to summary judgment. Celotex Corp. v. Catrett, 477 U.S. 317, 330 (1986). III. The ruling in this Entry does not resolve all claims against all parties. No partial final judgment shall issue at this time as to the claims resolved in this Entry. The medical defendants' motion for summary judgment by summary ruling (dkt 49) is granted to the extent consistent with this Entry. IT IS SO ORDERED.

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Date:

08/10/2010

SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana

Distribution: Susan E. Cline LEWIS WAGNER LLP [e-mail] Geoffrey C. Lambert LEWIS WAGNER LLP [e-mail] John Thomas Roy TRAVELERS STAFF COUNSEL OFFICE [e-mail] Corey Nathaniel Brown 301 E. Walnut Street Frankfort, IN 46041