`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF INDIANA
`TERRE HAUTE DIVISION
`
`No. 2:19-cv-00222-JPH-MJD
`
`Plaintiff,
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`v.
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`Defendants.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`CHARLES DAWSON,
`
`
`
`
`
`ROBERT E. CARTER,
`CHARLES DUGAN,
`DICK BROWN,
`JERRY SNYDER,
`RANDALL PARCEL,
`JACK HENDRIX,
`
`
`
`
`ENTRY GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS
`CARTER AND HENDRIX
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`Defendants Carter and Hendrix have filed an unopposed motion for summary judgment,
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`dkt. [49], designating evidence that they had no personal involvement with the decision to place
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`Mr. Dawson in administrative segregation or his 30-day reviews, see dkt. 49-1; dkt. 49-3; dkt. 50.
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`“Individual liability under § 1983… requires personal involvement in the alleged constitutional
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`deprivation.” Colbert v. City of Chicago, 851 F.3d 649, 657 (7th Cir. 2017) (internal quotation
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`omitted) (citing Wolf-Lillie v. Sonquist, 699 F.2d 864, 869 (7th Cir. 1983) (“Section 1983 creates
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`a cause of action based on personal liability and predicated upon fault. An individual cannot be
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`held liable in a § 1983 action unless he caused or participated in an alleged constitutional
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`deprivation.... A causal connection, or an affirmative link, between the misconduct complained of
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`and the official sued is necessary.”)). Neither of these defendants were personally involved in the
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`events challenged by the plaintiff in this case. The designated evidence demonstrates that 1)
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`defendant Carter was not personally involved with any of the classification decisions challenged
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`
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`1
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`
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`Case 2:19-cv-00222-JPH-MJD Document 60 Filed 12/17/20 Page 2 of 3 PageID #: 528
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`in this case, and 2) neither of these defendants were made aware of the plaintiff's conditions of
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`confinement. See dkt. 49-1, dkt. 49-3. Because they cannot be held liable as individuals under
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`§ 1983 without personal involvement, see Colbert, 851 F.3d at 657, their motion for summary
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`judgment, dkt. [49], is GRANTED.
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`
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`No partial final judgment shall issue at this time as to the claims brought against defendants
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`Carter and Hendrix. The plaintiff's motion for summary judgment, dkt. 39, remains pending.
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`SO ORDERED.
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`
`
`
`
`
`
`
`
`
`
`2
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`Date: 12/17/2020
`
`
`
`Case 2:19-cv-00222-JPH-MJD Document 60 Filed 12/17/20 Page 3 of 3 PageID #: 529
`
`Distribution:
`
`CHARLES DAWSON
`162406
`NEW CASTLE - CF
`NEW CASTLE CORRECTIONAL FACILITY - Inmate Mail/Parcels
`1000 Van Nuys Road
`NEW CASTLE, IN 47362
`
`David C. Dickmeyer
`INDIANA ATTORNEY GENERAL
`David.Dickmeyer@atg.in.gov
`
`Brandon Alan Skates
`INDIANA ATTORNEY GENERAL
`brandon.skates@atg.in.gov
`
`
`
`
`
`3
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