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Jerry Mabry v. Craig Carpenter

May 24, 2011

JERRY MABRY, PLAINTIFF,
v.
CRAIG CARPENTER, DEFENDANT.



The opinion of the court was delivered by: Michael M. Mihm United States District Judge

E-FILED

Tuesday, 24 May, 2011 01:39:09 PM

Clerk, U.S. District Court, ILCD

SUMMARY JUDGMENT ORDER

This cause is before the court for consideration of Defendant Carpenter's motion for summary judgment.[d/e 29]

I. BACKGROUND

The Plaintiff's amended complaint alleged that Knox County Jail Lieutenant Craig Carpenter violated his constitutional rights when:

1) he retaliated against the Plaintiff for a previous lawsuit; and,

2) he placed the Plaintiff on lockdown on February 28, 2008 for punitive reasons.

The Plaintiff said he received no disciplinary ticket and was never given a reason for his placement. See March 18, 2009 Case Management Order. The court noted that the Plaintiff would need to state whether he was a pretrial detainee at the time of the incidents to clarify his alleged constitutional violations.

The Defendant has now filed a motion for summary judgment and the Plaintiff has filed a response.

II. FACTS

The Plaintiff did not specifically respond to the Defendant's statement of undisputed facts. Therefore, the following facts are taken from the exhibits presented by the parties:

The Plaintiff was a pretrial detainee at the Knox County Jail from January 9, 2008 to July 1, 2009. The Plaintiff says in January of 2008, he sent a request form to Defendant Carpenter asking to become a jail trustee. (Def. Mot., Plain. Depo, p. 13). The ...


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