Merritt v. Ojelade et al
Kelvin Merritt |
. Ojelade, . Tilden, Terry Arroyo, Jessica .., Crissie .., Rebbecca Stephanie, . Shearing, . Nwaobasi, Walter .., Hamby .., Jillian Crain, .. Moldenauer, Kimberly Butler, Sherry Benton, John Doe and Wexford |
1:2015cv01159 |
April 16, 2015 |
US District Court for the Central District of Illinois |
Peoria Office |
Livingston |
James E. Shadid |
Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
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Filing 93 ORDER & OPINION entered by Chief Judge James E. Shadid on 9/5/2017. IT IS ORDERED: 1. The motion for summary judgment by Defendants Arroyo, et al., is granted in part and denied in part. (d/e 63 .) Summary judgment is denied to Defendants Arroyo, Ch icke, and Eshleman on Plaintiff's claim arising from the purported delay in providing medical attention for Plaintiff's fracturedhand. Summary judgment is otherwise granted. 2. The motion for summary judgment by Defendants Ojelade, et al., is granted in part and denied in part. (d/e 82 .) Summary judgment is denied to Defendant Ojelade on Plaintiff's claim arising from the purported delay in providing medical attention for Plaintiff's fractured hand. Summary judgment is deni ed to Defendants Tilden, Shearing, and Nwaobasi on Plaintiff's claim arising from the alleged refusal to provide a thermoplastic splint, occupational therapy, and a follow up visit with an orthopedist. Summary judgment is otherwise granted. 3. T he claims remaining for trial are: (1) Defendants Ojelade, Arroyo, Chicke, and Eshleman were deliberately indifferent by delaying or denying Plaintiff medical attention for his fractured hand; and (2) Defendants Tilden, Shearing, and Nwaobasi weredel iberately indifferent by refusing to provide a thermoplastic splint, occupational therapy, and a follow up visit with an orthopedist. 4. Defendants Hamby, Modneauer, Wexford, Crane, Stefani, and Walter are terminated. 5. This case is referred to the Magistrate Judge for a settlement conference. A final pretrial and jury trial will be scheduled if no settlement is reached. (SEE FULL WRITTEN OPINION.)(JRK, ilcd) |
Filing 8 MERIT REVIEW ORDER entered by Chief Judge James E. Shadid on 8/4/2015: IT IS ORDERED that the clerk is directed to enter the standard order granting plaintiff's in forma pauperis petition and assessing an initial partial filing fee, if not alrea dy done, and to attempt service on Defendants pursuant to the standard procedures. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The clerk is directed to terminate Defendants Sherry Benton, Kimberly Butler, and John Doe. (SEE FULL WRITTEN ORDER.)(JRK, ilcd) |
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