Freed v. Truax et al, No. 3:2012cv00177 - Document 43 (N.D. Ind. 2014)

Court Description: OPINION AND ORDER GRANTING Plaintiff Michael G. Freed until 7/24/2014 to file a supplemental brief in response to 32 MOTION for Summary Judgment. Plaintiff is CAUTIONED that if he does not respond by that deadline, the summary judgment motion will be granted without further delay. Signed by Magistrate Judge Christopher A Nuechterlein on 6/17/2014. (rmc)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION MICHAEL G. FREED, ) ) Plaintiff, ) ) vs. ) ) CAPT. TRUAX, and LEUTINANT CLOTHIA, ) ) Defendants. ) CAUSE NO. 3:12-CV-177 CAN OPINION AND ORDER This matter is before the court on the summary judgment motion filed by the defendants. The parties agree that there are no disputed issues of fact. They also agree that the only remaining issue is whether Michael G. Freed, a pro se prisoner, can get a copy of photographs showing the injuries suffered by Terry West, a fellow inmate whom Freed was found guilty of having attacked. The defendants argue that inmates are never permitted to have such photos without a court order. Freed argues that sometimes they are permitted to have such photos. In support of his argument, he has attached photos of an injured inmate that he says were given to his attacker in an unrelated disciplinary hearing. He argues that because some attackers receive photos showing their victim s injuries, he should too. However, this response misses the mark. The question before the court on summary judgment is not whether some inmates have been given photos of their victim s injuries. The question is whether Freed is legally entitled to the photos of Terry West. In ruling on a motion for summary judgment, the court must view all facts in the light most favorable to the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). Here, that is Freed. Nevertheless, summary judgment is the put up or shut up moment in a lawsuit . . . Springer v. Durflinger, 518 F.3d 479, 484 (7th Cir. 2008). The defendants argue that Freed has no legal basis for compelling them to give him the photos. Though these photos were a part of the prison disciplinary hearing where Freed was found guilty of attacking Terry West, prison disciplinary boards are entitled to receive, and act on, information that is withheld from the prisoner and the public . . .. White v. Ind. Parole Bd., 266 F.3d 759, 767 (7th Cir. 2001). Freed has provided no explanation for how he could possibly prevail on this claim. He has not explained on what legal basis he is entitled to these photos or even what use they could be to him. Though the court could grant the summary judgment motion now, pursuant to Federal Rule of Civil Procedure 56(e)(4), Freed will be granted one last opportunity to address these concerns and explain why the motion should not be granted. For the foregoing reasons, Michael G. Freed is GRANTED until July 24, 2014, to file a supplemental brief in response to the summary judgment motion. He is CAUTIONED that if he does not respond by that deadline, the summary judgment motion will be granted without further delay. SO ORDERED. Dated this 17th Day of June, 2014. S/Christopher A. Nuechterlein Christopher A. Nuechterlein United States Magistrate Judge 2

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