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- ilcd;;4:16-cv-04127_de23 RegisterActionDate "2017-06-12" @default.
- ilcd;;4:16-cv-04127_de23 RegisterActionDescriptionText "TEXT ORDER entered by Chief Judge James E. Shadid on 6/12/2017. On March 23, 2017, the Court entered a case management order considering Plaintiff's second amended complaint and denying Plaintiff's motion for emergency injunctive relief. The Plaintiff had adequately alleged five Rushville Defendants used excessive force against him on February 21, 2016. However, the Court dismissed Administrator E466469 and Internal Affairs Investigator 2D66B3F. Plaintiff has now filed a motion to reconsider the order and add Defendants E466469 and 2D66B3F back into the case. 16 Plaintiff still does not allege either Defendant was directly involved in the use of excessive force against him on February 21, 2016, and Plaintiff's belief that both "should have known" it was possible for staff to use excessive force against him is insufficient. 16 In addition, Plaintiff did not adequately allege an official capacity claim in his second amended complaint. Plaintiff also asks the Court to reconsider his other dismissed claims and to add additional claims, but the Court specifically explained the defects in Plaintiff's second amended complaint, and Plaintiff is aware he may file an amended complaint pursuant to Federal Rule of Civil Procedure 15. In addition, Plaintiff failed to state a valid basis for a motion for preliminary injunction. Therefore, his motion to reconsider the March 23, 2017 Case Management Order is denied. 16 (SL, ilcd) (Entered: 06/12/2017)" @default.
- ilcd;;4:16-cv-04127_de23 AdministrativeID "None" @default.
- ilcd;;4:16-cv-04127_de23 hasJudgeReference SJ001502 @default.
- ilcd;;4:16-cv-04127_de23 hasReferenceToOtherEntry ilcd;;4:16-cv-04127_de22 @default.