Putney v. Parsons et al
| Hubert Putney |
| Curtis Parsons, Jason Chenowenth, . Downs, Joshua Cleavinger, Erin Posey, Michael Kerr, . Hendricks and Jane and John Does |
| 4:2025cv04216 |
| December 2, 2025 |
| U.S. District Court for the Central District of Illinois |
| Sue E Myerscough |
| Douglas J Quivey |
| Prisoner Petitions: Civil Detainee: Conditions of Confinement |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 14, 2026. A more recent docket listing may be available from PACER.
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| Filing 18 WAIVER OF SERVICE Returned Executed by Hubert Putney. Jason Chenowenth waiver sent on 5/11/2026, answer due 7/10/2026; Joshua Cleavinger waiver sent on 5/11/2026, answer due 7/10/2026;. Downs waiver sent on 5/11/2026, answer due 7/10/2026;. Hendricks waiver sent on 5/11/2026, answer due 7/10/2026; Michael Kerr waiver sent on 5/11/2026, answer due 7/10/2026; Curtis Parsons waiver sent on 5/11/2026, answer due 7/10/2026; Erin Posey waiver sent on 5/11/2026, answer due 7/10/2026. (Attachments: #1 Chenowenth Waiver Executed, #2 Downs Waiver Executed, #3 Cleavinger Waiver Executed, #4 Posey Waiver Executed, #5 Kerr Waiver Executed, #6 Hendricks Waiver Executed)(VH) |
| Filing 17 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Curtis Parsons, Jason Chenoweth, Downs, Joshua Cleavinger, Erin Posey, Michael Kerr, Hendricks on 5/11/2026. (Attachments: #1 Chenowenth Waiver, #2 Downs Waiver, #3 Cleavinger Waiver, #4 Posey Waiver, #5 Kerr Waiver, #6 Hendricks Waiver)(VH) |
Filing 16
HIPAA QUALIFIED PROTECTIVE ORDER. Entered by District Judge Sue E Myerscough on 5/11/2026. (VH)
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Filing 15
MERIT REVIEW ORDER entered by District Judge Sue E Myerscough on 5/11/2026. IT IS THEREFORE ORDERED: 1. Pursuant to its review, the Court finds that plaintiff states a claim for excessive use of force and a claim for intentional infliction of emotional distress against Defendants Parsons, Jason Chenoweth, Downs, Michael Kerr, Joshua Cleavinger, Hendricks, Does, and Erin Posey. Any additional claims and parties shall not be included in the case, except at the Court's discretion on motion and for good cause shown, or pursuant to Federal Rule of Civil Procedure 15. The clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. See full written Order.(VH)
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| Filing 14 AMENDED COMPLAINT against All Defendants, filed by Hubert Putney.(VH) |
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Filing 13
ORDER entered by Magistrate Judge Douglas J Quivey on 5/8/2026. WHEREFORE IT IS ORDERED, 1. Plaintiff's Motion to Proceed in Forma Pauperis #5 is GRANTED. 2. Plaintiff's Motion for Leave to Amend #7 is GRANTED and the Clerk is todocket the proposed Amended Complaint. 3. Plaintiff's Motion for Status #9 , #12 are GRANTED. 4. Plaintiff's Motion to Request Counsel #10 is DENIED. See full written Order. (VH)
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| Filing 12 MOTION for Status by Plaintiff Hubert Putney. Responses due by 5/19/2026 (MSH) |
| Filing 11 Remark: Copy of Docket Sheet. (BMG) |
| Filing 10 MOTION to Request Counsel by Plaintiff Hubert Putney. Responses due by 4/15/2026. (BMG) |
| Filing 9 MOTION for Status Update by Plaintiff Hubert Putney. Responses due by 4/15/2026. (BMG) |
| Filing 8 Letter from Plaintiff Hubert Putney re Filing Fee (GL) |
| Filing fee: $ 12.50, receipt number 300002346. (KLC) Modified on 1/2/2026 (KLC). |
| Set Deadline: Prisoner Prepayment due by 1/18/2026 (VH) |
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TEXT ORDER: This Court has instituted a reduced filing fee procedure for indigent plaintiffs who are institutionalized but who are not prisoners as defined in 28 USC Section 1915(h). A reduced payment will be assessed of 50% of such plaintiff's average monthly income for the six months preceding the filing of the complaint (not to exceed the $405 filing fee). Income includes all deposits from any source. Plaintiff Hubert Putney is currently detained at Rushville Treatment and Detention Facility, and is thus subject to the reduced payment procedure. Plaintiff's ledgers for the past six months show an average monthly income of $25.00. Plaintiff is ordered to send an institutional check or money order in the amount of $12.50, payable to Clerk, U.S. District Court within 30 days from the date of this order. The reduced fee may be waived if the plaintiff, within 14 days of this order, files a motion to waive the fee and demonstrates good cause for such waiver. Entered by District Judge Sue E Myerscough on 12/17/2025. (VH)
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| Filing 7 MOTION for Leave to File 2nd Amended Complaint by Plaintiff Hubert Putney. Responses due by 12/23/2025. (SB) |
| Filing 6 +++ PRISONER TRUST FUND LEDGER by Hubert Putney. (SB) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Hubert Putney. (SB) Modified on 12/10/2025 to change event type and docket text(VH). |
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TEXT ORDER entered by Magistrate Judge Douglas J Quivey on 12/5/2025. District Courts must strike unsigned pleadings. Marcure v. Lynn, 992 F.3d 625 (7th Cir. 2021). Plaintiff's initial pleading #1 is unsigned. The Clerk is directed to STRIKE it. Also before the Court is Plaintiff's Motion for Leave to Amend #3 which for the following reasons is DENIED. The proposed amended complaint begins as follows: "Now comes Plaintiff, Terry C. Johnson, pro se counsel of record, and on his own behalf, for his verified complaint against the defendants states." But the plaintiff's name on the caption of the case and the name of the person who signed the proposed amended complaint are that of Herbert Putney, rather than Terry C. Johnson. Detainees can give, and receive, assistance with preparing pleadings, to the extent consistent with facility policies and procedures. May v. Trancoso, 412 F. App'x 899, 902 (7th Cir. 2011); Harris v. Walls, 604 F. App'x 518, 521 (7th Cir. 2015). However, non-lawyers cannot represent other individuals as that would constitute the unauthorized practice of law. Malone v. Nielson, 474 F.3d 934, 937 (7th Cir. 2007). Here, the proposed amended pleading purports to be brought by Terry C. Johnson "pro se counsel of record," on behalf of Herbert Putney. That arrangement is prohibited. Plaintiff is allowed 21 days to file a proposed second amended complaint in his own name if he so desires. If he does not do so this action will be dismissed without prejudice. (KE)
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Filing 4
TEXT ORDER entered by District Judge Sue E Myerscough on 12/4/2025. Plaintiff has not filed a petition to proceed in forma pauperis nor paid the $405 filing fee. The Clerk is directed to mail to the plaintiff an application to proceed in forma pauperis. Within 30 days, plaintiff must either pay the $405 filing fee or file an application to proceed in forma pauperis, along with account statements for the previous six months, or his complaint will be dismissed without prejudice.(VH)
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| Filing 3 MOTION for Leave to File Amended Complaint by Plaintiff Hubert Putney. Responses due by 12/16/2025 (SAG) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Sue E Myerscough. Effective immediately, all documents should be mailed or scanned to the Springfield Division, 600 E Monroe, Springfield, IL 62701. Merit Review Deadline set for 12/22/2025. (Attachments: #1 Notice Regarding Privacy)(VH) |
| Filing 1 STRICKEN - COMPLAINT against All Defendants, filed by Hubert Putney.(VH) Modified on 12/5/2025 to show stricken pursuant to Text Order entered this date. (KE). |
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