GRUND v. STATE OF INDIANA DEPARTMENT OF CORRECTION et al

Filing 156

ORDER granting plaintiff's 150 Motion for compensation, as now supplemented. Signed by Judge William T. Lawrence on 7/15/2010. cm (NKD)

GRUND v. STOUT, ET AL

Doc. 156

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA SUSAN GRUND, ) ) Plaintiff, ) vs. ) ) COMMISSIONER BUSS, in his official capacity,) ) Defendant. )

2:08-cv-0006-WTL-TAB

Entry Discussing Motion for Compensation The plaintiff's motion for compensation (dkt 150), as now supplemented, is denied. The reasons for this ruling are: First, she seeks compensation from CMS, an entity which is not now and has not been a defendant in this case. This entity was mentioned in a proposed amendment, but this did not result in a claim being asserted against it. Second, because even if CMS is or had been a defendant, the plaintiff seeks compensation based on a theory of respondeat superior because of its employment of Dr. Jeffrey Smith. Such a theory is not viable in an action brought pursuant to 42 U.S.C. § 1983. Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816 (7th Cir. 2009). Because the plaintiff's motion for compensation fails to establish her right to the recovery she seeks, the motion (dkt 150) must be denied. IT IS SO ORDERED. _______________________________ Date: 07/15/2010 Distribution: Hon. William T. Lawrence, Judge United States District Court Southern District of Indiana

Donald G. Banta INDIANA OFFICE OF THE ATTORNEY GENERAL [e-mail] Lynne Denise Hammer OFFICE OF THE INDIANA ATTORNEY GENERAL [e-mail] Susan Grund DOC #941457 Rockville Correctional Facility 811 W 50 N Rockville, IN 47872

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