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CARMICHAEL v. RICHARDS

No. IP 02-0992-C-K/T.

307 F.Supp.2d 1014 (2004)

John A. CARMICHAEL, Plaintiff, v. J.D. RICHARDS, Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

March 8, 2004.

Attorney(s) appearing for the Case

David L. Byers, Holwager Byers & Caughey, Beech Grove, IN, for Plaintiff.

Tom G. Jones, Jones Hoffman & Admire, Franklin, IN, for Defendant.

ENTRY ON MOTIONS FOR SUMMARY JUDGMENT

BAKER, United States Magistrate Judge.

I. Introduction.

While incarcerated in the Johnson County Jail, Marcus Carter stabbed his cellmate, Plaintiff John A. Carmichael, in the eye with a pencil. As a result, Carmichael sued then-sheriff J.D. Richards for state law negligence and pursuant to 42 U.S.C. § 1983, both individually and in his official capacity, claiming that Richards violated Carmichael...

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