Cleveland v. DOC et al
| Keith Cleveland |
| Warden, Nurse Jackie, Wexford Medical Team, DOC and Kiska |
| 3:2019cv00829 |
| September 19, 2019 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| Michael G Gotsch |
| Damon R Leichty |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 9 WAIVER OF SERVICE Returned Executed by Nurse Jackie. Nurse Jackie waiver sent on 9/26/2019, answer due 11/25/2019. (Bitner, Douglass) |
| Filing 8 Summons Issued as to Nurse Jackie with copy of Order #3 and complaint #1 . (CC: USMS) (ace) |
| Filing 7 NOTICE of Appearance by David C Dickmeyer on behalf of Kiska (Dickmeyer, David) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Kiska. Kiska waiver sent on 9/26/2019, answer due 11/25/2019. (Fiorini, Amanda) |
| Filing 5 NOTICE of Appearance by Amanda E Fiorini on behalf of Kiska (Fiorini, Amanda) |
| Filing 4 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Nurse Jackie and Sergeant Kiska. Waiver of Service due by 10/28/2019. (Attachments: #1 Screening Order, #2 Complaint) (ksp) |
Filing 3
OPINION AND ORDER: The Court GRANTS Keith Cleveland leave to proceed against Nurse Jackie in her individual capacity for monetary damages for allegedly retaliating against Mr. Cleveland for filing complaints against members of the medical staff at Indiana State Prison by delaying medical care on August 25, 2019 or August 26, 2019, in violation of the First Amendment; GRANTS Keith Cleveland leave to proceed against Sergeant Kiska in his individualcapacity for monetary damages for allegedly retaliating against Mr. Cleveland for filing a complaint against Sergeant Kiska for delaying medical care and serving Mr. Cleveland food contaminated with urine on August 25, 2019 or August 26, 2019, in violation of the First Amendment; GRANTS Keith Cleveland leave to proceed against Sergeant Kiska in his individual capacity for monetary damages for deliberate indifference to his serious medical need when he allegedly refused to seek medical attention on Mr. Cleveland's behalf when Mr. Cleveland had been asking for care and was then found unresponsive on August 25, 2019 or August 26, 2019, in violation of the Eighth Amendment; DISMISSES all other claims; DISMISSES D.O.C., the Indiana State Prison Warden, and Wexford Medical Team; DIRECTS the clerk and the United States Marshals Service to issue and serve process on Nurse Jackie and Sergeant Kiska at the Indiana Department of Correction with a copy of this order and the complaint (ECF 1) as required by 28 U.S.C. 1915(d); and ORDERS pursuant to 42 U.S.C. 1997e(g)(2), Nurse Jackie and Sergeant Kiska to respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claim for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Damon R Leichty on 9/25/19. (Copy mailed to pro se party)(ksp)
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Filing 2
ORDER: The Court GRANTS the plaintiff leave to proceed in forma pauperis; ORDERS the plaintiff, Keith Cleveland, IDOC # 270035, to immediately pay (and the facility having custody to automatically remit) $3.52 to the clerk in payment of the initial partial filing fee; ORDERS the plaintiff to pay (and the facility having custody to automatically remit) to the clerk 20% of the money received for each calendar month during which $10.00 or more is received, until the $350.00 filing fee is paid in full; DIRECTS the clerk to create a ledger for receipt of these funds; and DIRECTS the clerk to send a copy of this order to each facility where the plaintiff is housed until the filing fee has been paid in full. Signed by Judge Damon R Leichty on 9/25/19. (Copy mailed as directed in Order)(ksp)
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| Filing 1 PRO SE COMPLAINT against DOC, Nurse Jackie, Kiska, Warden, Wexford Medical Team, filed by Keith Cleveland. (No filing fee or IFP received) (Returned file stamped copy with case number to Cleveland)(nae) |
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