UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA 

SOUTH BEND DIVISION

DAMON QUARLES, )

)

Plaintiff, )

)

v. ) CAUSE No. 3:13-cv-00843-RL-CAN

)

MARK SEVIER, et al. )

)

Defendants. )

BRIEF IN SUPPORT OF DEFENDANTS’ RULE 56(d) MOTION

Defendants, Sgt. Jason Kochensparger and Sgt. Danny Oaks, by counsel, April A. 

Wilson, Deputy Attorney General, pursuant to Rule 56(d) of the Federal Rules of Civil 

Procedure, respectfully submit their Brief in Support of Defendants’ Rule 56(d) Motion and 

request that this Court provide an extension of time to respond to Plaintiff’s Verified Motion for 

Summary Judgment, until thirty days after the close of discovery.

BACKGROUND

On June 17, 2013, Damon Quarles filed suit against Jason Kochensparger, Danny Oaks, 

Mark Sevier, Doree Yocum, and Sheree Townshend in Miami Circuit Court. [DE 1]. On August 

13, 2013, Defendants Dorree Yocum and Sheree Townshend removed this matter to the Northern 

District of Indiana, where this Court entered a screening order on August 27, 2013. [DE 2]. 

Against Defendants Kochensparger and Oaks, the Court granted Plaintiff leave to proceed with 

his failure to protect claim. [DE 9]. All other Defendants have been dismissed. [DE 9; DE 31].

On June 11, 2014, the Court entered a scheduling order requiring that “amendments to 

the pleadings shall be accomplished by August 1, 2014; all discovery shall be initiated by 

October 3, 2014; all discovery shall be completed by November 21, 2014; and all dispositive 

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motions shall be filed by December 22, 2014.” [DE 39]. On July 8, 2014, Plaintiff filed a 

Verified Motion for Leave of Court to Amend/Supplement Plaintiff’s Complaint (“Motion to 

Amend”), [DE 40], and a Verified Motion for Summary Judgment, [DE 41]. On July 25, 2014, 

Defendants Kochensparger and Oaks filed a Motion for Enlargement of Time to Respond to 

Plaintiff’s Verified Motion for Summary Judgment (“MSJ”), asking for a sixty-day extension of 

time from the order ruling on Plaintiff’s Motion to Amend. [DE 44]. On August 5, 2014, the 

Court denied Plaintiff’s Motion to Amend, and provided Defendants until September 12, 2014 to 

respond to Plaintiff’s MSJ, which has not yet passed. [DE 45].

ARGUMENT

Federal Rule of Civil Procedure 56(d) provides that in response to a motion for summary 

judgment, “[i]f a nonmovant shows by affidavit or declaration that, for specified reasons, it 

cannot present facts essential to justify its opposition, the court may: (1) defer considering the 

motion or deny it; (2) allow time to obtain affidavits or declarations or to take discovery; or (3) 

issue any other appropriate order.” Fed. R. Civ. P. 56(d). The Supreme Court has recognized that 

a district court’s decision about the existence of factual disputes depends on the ability of the 

non-moving party to come forward with concrete materials that demonstrate such a dispute. 

Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986). 

Here, Plaintiff has asserted a failure to protect claim against Defendants Kochensparger 

and Oaks, regarding an attack against Plaintiff by his cellmate on October 13, 2012. [DE 1]. To 

prevail on this claim, Plaintiff “must establish: (1) that he was ‘incarcerated under conditions 

posing a substantial risk of serious harm’ and (2) that the defendants acted with ‘deliberate 

indifference’ to his health and safety.” Santiago v. Walls, 599 F. 3d 749, 756 (7

th Cir. 2010) 

(quoting, in part, Farmer v. Brennan, 511 U.S. 825, 834 (1994). To demonstrate deliberate 

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indifference, a plaintiff must show that the official “[knew] of and disregard[ed] an excessive 

risk to inmate health and safety”. Farmer, 511 U.S. at 837. 

Defendants need to conduct discovery in order to determine what specific information 

was provided to the individual Defendants and when. In particular, to determine this information, 

Defendants served requests for production and interrogatories on September 11, 2014 and filed a 

Motion for Leave to Depose Inmate. [DE 46, 47, and 48]. Defendants also may seek to meet with 

or depose offender witnesses and medical staff, to serve a Non-Party Subpoena for medical 

records, and to utilize an expert to address Plaintiff’s alleged damages. This information is 

needed to determine the appropriateness of filing a Cross-Motion for Summary Judgment, as to 

each Defendant, and to adequately respond to Plaintiff’s MSJ.

Plaintiff filed his MSJ and Motion to Amend approximately one month after a scheduling 

order was set by this Court and four months prior to the discovery deadline. Defendants 

respectfully request that Defendants be given the opportunity to complete discovery before 

having to respond to Plaintiff’s MSJ.

CONCLUSION

For the foregoing reasons, Defendants respectfully request that this Court provide an 

extension of time to respond to Plaintiff’s Verified Motion for Summary Judgment, until thirty 

days after the close of discovery.

GREGORY F. ZOELLER

Indiana Attorney General

Atty. No. 1958-98

By: s/April A. Wilson

April A. Wilson

Deputy Attorney General

Atty. No. 31135-49

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CERTIFICATE OF SERVICE

I hereby certify that on September 12, 2014, I electronically filed the foregoing, Brief in 

Support of Defendants’ Rule 56(d) Motion, with the Clerk of the Court using the CM/ECF 

system. I also do hereby certify that a copy of the foregoing, Brief in Support of Defendants’ 

Rule 56(d) Motion, has been duly served upon the party of record listed below, by United States 

mail, first-class postage prepaid, on September 12, 2014:

Damon Quarles

DOC # 985396

MIAMI CORRECTIONAL FACILITY

3038 W. 850 South

Bunker Hill, IN 46914

Plaintiff, Pro Se

/s/ April A. Wilson

April A. Wilson

Deputy Attorney General 

OFFICE OF THE INDIANA ATTORNEY GENERAL 

Indiana Government Center South, 5th Fl.

302 West Washington Street 

Indianapolis, IN 46204-2770

Telephone: (317) 234-2415

Facsimile: (317) 232-7979

E-mail: April.Wilson@atg.in.gov

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