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- ilcd;;1:16-cv-01173_de97 RegisterActionDate "2017-11-01" @default.
- ilcd;;1:16-cv-01173_de97 RegisterActionDescriptionText "TEXT ORDER entered by Judge Colin Stirling Bruce on 11/1/2017. The motion to strike Plaintiff's respondent superior allegations in Count IV of the amended complaint is denied 78 . The Court does agree with Defendants that, though some Judges on the Seventh Circuit have indicated a willingness to revisit the issue, see Shields v. IDOC, 746 F.3d 782 (7th Cir. 2014), current Seventh Circuit precedent bars Section 1983 respondent superior liability. Hahn v. Walsh, 762 F.3d 617 (7th Cir. 2016)(argument for respondent superior liability against private corporation was waived, but the argument also failed on merits under existing precedent). Plaintiff has included the respondent superior claim in order to preserve his argument for a change in the law. Defendants should file a motion to dismiss for failure to state a claim, rather than a motion to strike, so that all the arguments for and against the respondent superior claim will be properly preserved for appeal. On a separate matter, a telephone conference with counsel, Assistant U.S. Attorney Timothy Storino, and Attorney William O. Walters, is set for November 13, 2017, at 1:30 p.m., regarding Plaintiff's motion to depose Mr. Jones. Before the telephone conference, the Court requests Mr. Storino to contact the appropriate federal bureau of prison representative and inquire into the logistics of producing Mr. Jones for a deposition by video or telephone. The clerk is directed to send a copy of this text order to Mr. Storino and Mr. Walters. By November 9, 2017, Mr. Storino and Mr. Walters are directed to inform the clerk of their respective phone numbers for the conference. (DS, ilcd) (Entered: 11/01/2017)" @default.
- ilcd;;1:16-cv-01173_de97 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01173_de97 hasReferenceToOtherEntry ilcd;;1:16-cv-01173_de91 @default.