`Circuit Court
`Sullivan County, Indiana
`
`SULLIVAN COUNTY CIRCUIT COURT1
`
`CAUSE NO. 77C01-1904-CT-000204
`
`) )
`
`) )
`
`) )
`
`) )
`
`STATE OF INDIANA
`
`COUNTY OF SULLIVAN
`
`)
`) SS:
`)
`
`MICHAEL D. HICKINGBOTTOM,
`
`Petitioner,
`
`V.
`
`ROBERTE. CARTER,et al.,
`
`Defendants.
`
`)
`MOTION TO STAY
`
`Defendants, by counsel, respectfully file this Motion to Stay as Plaintiff currently has an
`
`appeal pending with regards to this Court’s denial of his request for summary judgement and
`
`motion to correct error. In support, Defendants state the following:
`
`1. Plaintiff filed his Complaint against Defendants on April 9, 2019 claiming violations of
`
`his due process rights for his placement in restrictive housing, filing under 42 U.S.C. §
`
`1983 (“Prisoner’s Civil Complaint’).
`
`2. On August 30, 2019, Plaintiff moved for summary judgement on the grounds that
`
`Defendants denied him proper due process when placing him in restrictive housing and
`
`violated Indiana Department of Corrections (“IDOC’”) policy 02-01-111 IV.C. The Court
`
`denied Plaintiff's motion for summary judgement on January 23, 2020.
`
`3. Plaintiff filed a motion to correct error on February 3, 2020, which was denied on February
`
`10, 2020. .
`
`4. On March 13, 2020, Plaintiff filed his Notice of Appeal. This matter is currently pending
`
`under cause no. 20A-CT-00612 and has not yet been resolved.
`
`5. Defendants are concerned that the parties may be prejudiced if this matter proceedsto trial
`
`on the merits without Petitioner’s appeal first being resolved. For example, if Plaintiff's
`
`
`
`appeal is successful the parties will not need to complete discovery and Defendants will
`
`not need to file a dispositive motion. Should Defendants file a dispositive motion while
`
`Plaintiff's appeal
`
`is pending, Defendants would have exposed their legal strategy to
`
`Plaintiff, risking prejudice.
`
`6. Defendants therefore respectfully ask that this Court stay this case pending resolution of
`
`Petitioner’s pending appeal under cause no. 20A-CT-00612.
`
`WHEREFOREDefendants respectfully ask that this Court stay this matter until the
`
`pending appeal under cause no. 20A-CT-00612and grantall other just and properrelief.
`
`Respectfully submitted,
`
`CURTIST. HILL,Jr.
`Indiana Attorney General
`Atty. No. 13999-20
`
`Jacob Kovalsky
`Deputy Attorney General
`Attorney No. 35854-71
`
`OFFICE OF ATTORNEY GENERAL
`Indiana Government Center South, 5" Floor
`302 West Washington Street
`Indianapolis, IN 46204-2770
`Telephone: (317) 232-6329
`Facsimile: (317) 232-7979
`E-mail: Jacob.Kovalsky@atg.in.gov
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that on March 25, 2020, the foregoing document was served upon the following
`
`person(s) via IEFS, if Registered Users, or by depositing the foregoing documentin the U.S.
`
`Mail, first class, postage prepaid, if exempt or non-registered user.
`
`Michael D. Hickingbottom
`DOC # 147099
`Wabashvalley Correctional Facility
`P.O. Box 500
`6908 S. Old U.S. Hwy 41,
`Carlisle, IN 47838
`
`OFFICE OF ATTORNEY GENERAL
`Indiana Government Center South, 5Floor
`302 West Washington Street
`Indianapolis, IN 46204-2770
`Telephone: (317) 232-6291
`Facsimile: (317) 232-7979
`E-mail: Jacob.Kovalsky@atg.in.gov
`
`/s/Jacob R. Kovalsky
`Jacob R. Kovalsky
`Deputy Attorney General
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
