Lawhorn v. Duckworth

736 F. Supp. 1501, 1987 U.S. Dist. LEXIS 15150, 1987 WL 68488
CourtDistrict Court, N.D. Indiana
DecidedDecember 15, 1987
DocketCiv. No. S 84-463
StatusPublished

This text of 736 F. Supp. 1501 (Lawhorn v. Duckworth) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lawhorn v. Duckworth, 736 F. Supp. 1501, 1987 U.S. Dist. LEXIS 15150, 1987 WL 68488 (N.D. Ind. 1987).

Opinion

MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

The complaint in this case was originally filed pro se on July 30, 1984, by the plaintiff, William Lawhorn, purporting to state a claim under 42 U.S.C. § 1983, and invoking this court’s jurisdiction under 28 U.S.C. §§ 1331, 1343(3) and (4). This court appointed Cheryl Stephan, an attorney from LaPorte, Indiana, as counsel for plaintiff on July 1, 1985. The defendants filed a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure on October 26, 1987. That motion is now ripe for ruling.

I.

Summary judgment is proper if the pleadings, depositions, answers to interrogatories and admissions on file, together with any affidavits, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56; accord, Arkwright-Boston Mfg. Mutual Ins. Co. v. Wausau Paper Mills Co., 818 F.2d 591, 593 (7th Cir.1987). A material question of fact is a question which will be outcome-determinative of an issue in that case. Big O Tire Dealers, Inc. v. Big O Warehouse, 741 F.2d 160, 163 (7th Cir.1984).

Recently the Supreme Court of the United States took the opportunity to address Rule 56 of the Federal Rules of Civil Procedure. In two cases decided on the same day, the Court has expanded the scope of [1502]*1502the application of Rule 56. See Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Celotex addressed the initial burdens of the parties under Rule 56, and Anderson addressed the standards under which the record is to be analyzed within the stricture of Rule 56.

After Celotex it is clear that a non-moving party may not rest on its pleadings to avoid summary judgment. Celotex, 106 S.Ct. at 2554. See also Catrett v. Johns-Manville Sales Corp., 826 F.2d 33 (D.C.Cir. 1987). The initial burden is on the moving party to demonstrate “ ‘with or without affidavits’ ” the absence of a genuine issue of material fact, and that judgment as a matter of law should be granted in the moving party’s favor. Id. 106 S.Ct. at 2553; Arkwright-Boston, supra at 593. Once the moving party has met the initial burden, the opposing party must “go beyond the pleadings” and “designate ‘specific facts showing that there is a genuine [material] issue for trial.’ ” Id.; Arkwright-Boston, supra at 593. Further, in Anderson, the Court held that what facts are material in a specific case shall be determined by the substantive law controlling that case or issue. Anderson, 106 S.Ct. at 2510. In addition, the Court went on to interpret Rule 56 as requiring that the courts analyze summary judgment motions utilizing the standard of proof relevant to that case or issue. Id. at 2512-2513. For recent academic insight into Celotex and Anderson, see Childress, A New Era For Summary Judgments: Recent Shifts at the Supreme Court, 116 F.R.D. 183-194 (1987). At page 194 thereof, the author states:

“The recent Supreme Court cases likely require that summary judgment be more readily granted____ [t]his emerging trend signals a new era for summary judgments, one in which the old presumptions are giving way to a policy of balancing and efficiency, and the mechanism is more appropriate to double as a sufficiency motion — allowing some sort of trial itself on the paper record.”

For the judicial epilogue of Celotex, see Catrett v. Johns-Manville Sales Corp., 826 F.2d 33 (D.C.Cir.1987).

The docket sheet in this case readily discloses that these proceedings have been extensive, and the contents of the motion for summary judgment indicate that the various incidents of medical attention being administered to the defendant are also extensive.

II.

The Eleventh Amendment to the Constitution of the United States states:

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

These defendants are each and all entitled to Eleventh Amendment immunity for all claims for money damages asserted here in their official capacities. See Kashani v. Purdue University, et al., 813 F.2d 843 (7th Cir.1987), cert. denied, 484 U.S. 846, 108 S.Ct. 141, 98 L.Ed.2d 97 (1987); Owen v. Lash, 682 F.2d 648 (7th Cir.1982); and Sheets v. Indiana Dept. of Corrections, 656 F.Supp. 733 (S.D.Ind.1986).

III.

The plaintiff alleges in the complaint that on June 16, 1982, and August 12, 1982, he was denied previously prescribed medication by physicians. He further alleges that on October 21, 1982, and on other unspecified dates, he was administered placebo, in lieu of necessary medications. The defendants are Dr. Weldon J. Cooke, a staff physician employed at the Indiana State Prison (hereafter “I.S.P.”), James Wilkins, a medical technician employed at the Indiana State Prison, and Jack R. Duck-worth, Superintendent of the I.S.P.

The allegations asserted against defendant Duckworth fail to allege the necessary personal involvement, as required in Rascon v. Hardiman, 803 F.2d 269 (7th Cir.1986), and Adams v. Pate, 445 F.2d 105 (7th Cir.1971). For that reason alone, and [1503]*1503understanding the mandates of Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), the complaint as against defendant Duckworth fails to state any claim for relief.

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Bluebook (online)
736 F. Supp. 1501, 1987 U.S. Dist. LEXIS 15150, 1987 WL 68488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawhorn-v-duckworth-innd-1987.