Economan v. Garrison

ZOOM Video Status Conference is SET for 11/5/2024 at 11:30 AM (CDT) in US District Court — Hammond before Judge Gretchen S Lund.

Plaintiff's Motion for Partial Summary Judgment against Dft Cockrell on malicious prosecution claim was granted. The Federal Dfts moved for the Court to reconsider (DE 229). The Court DENIES that motion. The Court will GRANT the aspect of the motions regarding reconsideration of the qualified immunity findings. The Court SETS the matter for Jury Trial (5 days) for 2/3/2025 at 09:00 AM and the Final Pretrial Conference set for 1/9/2025 at 01:30 PM before Judge Gretchen S Lund. The Court REFERS this matter to District Judge Philip P Simon for a settlement conference.

This case has been referred to Judge Philip P. Simon for a settlement conference on November 19, 2024, at 9:00 a.m. (CST).

The Motion for Leave to Appear Virtually is GRANTED IN PART and DENIED IN PART. GRANTED as to Defendant Gary L. Whisenand and Patrick C. Patterson may be available by telephone. DENIED as to Defendant Tonda Cockrell. Settlement conference RECONFIRMED for 11/19/2024, at 9:00 a.m. (CST) in Hammond, Indiana.

Parties negotiate in good faith but settlement is not attained.

Defendants' filed a Joint Motion to Stay Proceedings (DE 253) and indicated that the Plaintiff opposes the motion. The Plaintiff is ORDERED to file a response to the motion to stay by 12/11/2024. Any reply is due by 12/18/2024.

Over Plaintiff's objection, the Court GRANTS the Motion for Extension of Time of Pretrial Deadlines. All pretrial deadlines are STAYED until the Motion to Stay has been ruled on. Plaintiff have until 12/11/2024 to respond to the Motion to Stay.

U.S. civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 12/26/2024. Appellant's brief due on or before 01/21/2025 for Garrison Law Firm, LLC. [24-3246]

The court orders these appeals are CONSOLIDATED for purposes of briefing and disposition. Appellants shall file briefs and required short appendices on or before January 21, 2024. Appellees shall file a consolidated brief on or before February 20, 2025. Appellants shall file reply briefs, if any, on or before March 13, 2025. [24-3165, 24-3246]

Defendants' Motion to Stay, [DE 253], is GRANTED. In both the September 30, 2024 Opinion and Order and the November 5, 2024 hearing, the Court denied Defendants Luttrull's and Krug's assertions of absolute and qualified immunity against Plaintiff's claims of malicious prosecution, fourth amendment violations, and fifth amendment violations. Defendants Luttrull's and Krug's appeal is not frivolous. Plaintiffs' Motion to Reconsider, [DE 287], is DENIED. All Parties' Motion for Clarification, [DE 279], is also DENIED.

Based on the Order staying the case, the Court VACATES the Final Pretrial Conference set for 1/9/2025, and VACATES the Jury Trial set for 2/3/2025.

Circuit Rule 46(a) requires the lead attorney and any attorney who intends to present oral argument be admitted to practice in this court. Attorney Benjamin M. L. Jones for Appellants James Luttrull and Jessica Krug has not been admitted to practice in this court as of this date. [24-3165]

The court, on its own motion, orders these appeals are CONSOLIDATED for purposes of briefing and disposition. Appellants shall file briefs and required short appendices on or before February 18, 2025. Appellees shall file a consolidated brief on or before March 20, 2025. Appellants shall file reply briefs, if any, on or before April 10, 2025. [24-3165, 24-3246, 25-1020]

USCA Case Number 25-1020 for Notice of Appeal filed by Tonda Cockrell, Gary L. Whisenand.

We conclude that all defendants are entitled to qualified immunity on the Fifth Amendment due process claims against them. DEA Investigator Gary Whisenand is entitled to qualified immunity, and prosecutors James Luttrull and Jessica Krug to absolute immunity, on the Fourth Amendment claims against them. We dismiss Garrison Law Firm's Fourth Amendment appeal for lack of jurisdiction.

The Court SETS a Zoom Video Status Conference for 4/28/2026 at 01:30 PM (CDT) before Judge Gretchen S Lund.

The Seventh Circuit found that all Defendants were entitled to qualified immunity for any alleged violations of the Fifth Amendment. The Seventh Circuit found that Defendants Krug and Luttrull were entitled to absolute immunity for any and all claims asserted against them, including alleged violations of the Fourth Amendment. The Seventh Circuit found that Defendant Whisenand was entitled to qualified immunity for alleged violations of the Fourth Amendment. Because Defendants Krug, Luttrull and Whisenand are immune from suit for the Fourth Amendment claim, they are terminated from the case. The Clerk is DIRECTED to enter judgment for Defendants Krug, Luttrull and Whisenand, and against Plaintiff. The Fourth Amendment claim proceeds only against Defendants Garrison Law Firm and the USA.

Judgment ENTERED in favor of the defendants Gary L Whisenand, Jessica Krug and James Luttrull and against plaintiffs Dale W Economan and Economan and Associates Family Medicine.

Defendants Krug, Luttrull's Motion in Limine (DE 272) is DENIED AS MOOT. Motions in Limine by defendants Cockrell, Whisenand and United States are DENIED as MOOT with leave to refile; Motion in Limine by plaintiffs DENIED as MOOT with leave to refile; Motion in Limine by Defendant Garrison Law Firm DENIED as MOOT with leave to refile.