`Circuit Court
`Sullivan County, Indiana
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`STATE OF INDIANA
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`COUNTY OF SULLIVAN
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`) SS:
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`IN THE SULLIVAN CIRCUIT COURT
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`CAUSE NO. 77C01-1904-CT-204
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`MICHAEL HICKINGBOTTOM,
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`Plaintiff,
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`V.
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`ROBERT CARTERJR., et al.,
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`Defendants.
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`NOTICE REGARDING REQUESTED VIDEO EVIDENCE
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`Defendants, by counsel, respectfully submit the following response to Plaintiff's Motion
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`for requested Video Footage of the Below Dates and Time.
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`1.
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`Plaintiff filed his Motion to Order Defendants to Provide Him with a Copy of Video
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`Footage ofEvery Date on the DWAS (30) Day Review Forms on November12, 2020.
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`2.
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`On December10, 2020, Defendants filed their opposition to the motion,asserting,
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`among other things, that Plaintiff failed to specify the date(s), time(s) and location(s) of the video
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`he requested and that, without this information, a meaningful search could not be completed.
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`3.
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`The Court
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`issued an Order on December 23, 2020,
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`taking the matter under
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`advisement and ordering Plaintiff to provide the date, time, and location of any video he seeksto
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`review in this matter.
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`4.
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`On January 8, 2021, Plaintiff filed his Motion for Requested Video Footageof the
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`Below Dates and Time. In his Motion, Plaintiff requests video evidence of the outside of his cell
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`between the hours of 8:00 am and 11:00 am from March 9, 2019; April 9, 2019; May 9, 2019; June
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`9, 2019; July 9, 2019; August 9, 2019; September 9, 2019; October 9, 2019, November 9, 2019;
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`December9, 2019, January 9, 2020; February 9, 2020; March 9, 2020, April 9, 2020; May 9, 2020;
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`June 9, 2020; July 9, 2020; August 9, 2020; September 9, 2020; October 9, 2020; November9,
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`2020; and December9, 2020.
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`5.
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`In its Order dated February 26, 2021, the Court granted Defendants 30 days to
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`respond to Plaintiff's Motion. Defendants hereby respond to Plaintiff's Motion. The Defendants
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`respondas follows:
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`6.
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`Staff at Wabash Valley have reviewed the requested video. Based on this review,
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`Charles Dugan is not seen conducting Plaintiff's 30-day reviews on video from 8 a.m. to 11 a.m.
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`on any of the dates indicated above.
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`Respectfully submitted,
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`THEODORE E. ROKITA
`Indiana Attorney General
`Attorney No. 18852-49
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`/s/ Zachary R. Griffin
`Zachary R. Griffin
`Deputy Attorney General
`Attorney No. 35769-49
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`CERTIFICATE OF SERVICE
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`I certify that on March 29, 2021, the foregoing documentwasserved upon the following
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`person(s) via IEFS, if Registered Users, or by depositing the foregoing documentin the U.S.
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`Mail,first class, postage prepaid, if exempt or non-registered user.
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`Michael Hickingbottom
`DOC#147099
`Wabash Valley Correctional Facility
`P.O. Box 1111
`Carlisle, IN 47838
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`OFFICE OF ATTORNEY GENERAL
`Indiana Government Center South, 5" Floor
`302 West Washington Street
`Indianapolis, IN 46204-2770
`Telephone: (317) 232-4828
`Facsimile: (317) 232-7979
`E-mail: Zachary.Griffin@atg.in.gov
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`/s/Zachary R. Griffin
`Zachary R. Griffin
`Deputy Attorney General
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