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1:23-cv-1171-RLY-KMB Michael W. Kline v. Smith (9/16/2025)

Plaintiff Michael W. Kline, an inmate once incarcerated at New Castle Correctional Facility, alleges that Defendant K. Smith was deliberately indifferent to his serious medical need by failing to house him in a bottom bunk on a bottom range cell due to his seizure disorder. On December 16, 2021, Mr. Kline had a seizure, fell out of his bunk, and suffered a head injury. The Court recently granted Defendant Hacker's motion for summary judgment. Defendant Smith did not move for summary judgment. The Court seeks counsel to represent Mr. Kline through final judgment. No settlement conference or trial dates have been set. 

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