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- ilcd;;1:16-cv-01106_de12 RegisterActionDate "2016-08-15" @default.
- ilcd;;1:16-cv-01106_de12 RegisterActionDescriptionText "TEXT ORDER Entered by Chief Judge James E. Shadid on 8/15/2016. Plaintiff files 10 , a Motion for Reconsideration of the Court's Merit Review Order dismissing Defendants Pfister, Shicker and Wexford. While Plaintiff asserts that Warden Pfister was on notice of Plaintiff's complaints, this is not enough to establish liability under § 1983 where Defendant did not participate in the deprivation. See Glasco v. Prulhiere, 2009 WL 54298, at *1 (S.D. Ind. Jan. 8, 2009) (Even if (the plaintiff) wrote letters to these Defendants, this fact alone is insufficient to support recovery from supervisory Defendants.); Diaz v. McBride, 1994 WL 750707, at *4 (N.D. Ind. Nov. 30,1994) (holding that a plaintiff could not establish personal involvement, and subject a prison official to liability under section 1983, merely be sending the official various letters or grievances complaining about the actions or conduct of subordinates.) Plaintiff presents the same argument as to Defendant Shicker and attempts to add the new claim that Defendant Shicker promulgated a policy which failed to provide 24/7 medical staff coverage. He also attempts to assert this new claim against Wexford. These claims, however, were not pled in the complaint. As a result, Defendants Pfister, Shicker and Wexford were properly dismissed. 10 is DENIED. (SL, ilcd) (Entered: 08/15/2016)" @default.
- ilcd;;1:16-cv-01106_de12 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01106_de12 OntologyLabel order @default.
- ilcd;;1:16-cv-01106_de12 hasReferenceToOtherEntry ilcd;;1:16-cv-01106_de11 @default.