Caffey v. Henry et al
| Allen Neely Caffey |
| S Henry, Hasemeyer, Maue, Scott, Richard and Moore |
| 3:2013cv00322 |
| April 1, 2013 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Will |
| G. Patrick Murphy |
| Donald G. Wilkerson |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
82
ORDER Denying 70 Motion for Reconsideration. Defendants Scott and Maue are DISMISSED from this action. Signed by Judge Nancy J. Rosenstengel on 11/10/15. (ceg)
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Filing
66
ORDER GRANTING 51 Motion for Summary Judgment. Defendants Hasemeyer, Henry, Moore, and Richard are DISMISSED with prejudice from this action. Plaintiff's deliberate indifference claim against Defendant Scott is also DISMISSED with prejudice. This matter proceeds only on Plaintiff's claim of excessive force against Defendant Maue and Defendant Scott. Plaintiff is ORDERED to submit a response, within thirty days of the entry of this Order (on or before April 30, 2015), demonstrating why summary judgment should not be granted in favor of Maue and Scott. Signed by Judge Nancy J. Rosenstengel on 3/30/15. (klh2)
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Filing
37
ORDER re 14 Request for Waiver of Service, 26 Request for Waiver of Service. Signed by Magistrate Judge Donald G. Wilkerson on 9/16/13. (sgp)
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Filing
8
ORDER REFERRING CASE to magistrate judge. COUNT 7 is DISMISSED with prejudice for failure to state a claim upon which relief may be granted. Defendants GODINEZ, SPILLER, and UNKNOWN PARTIES/JOHN DOES #1, #3, and #4 are DISMISSED from this action with out prejudice. The Clerk is further DIRECTED to correct the spelling of DEFENDANT EILTS' name. The claims against the Pontiac Defendants in COUNTS 4 and 5, which are unrelated to the retaliation, excessive force, and deliberate indifference clai ms in Counts 1, 2 and 3, are SEVERED into a new case. That new case shall be: Claims against DEFENDANTS BEST, BERRY, BROWN, EILTS, and JOHN DOES #2 and #5. Plaintiff is ADVISED that if, for any reason, he does not wish to proceed with the newly-opene d case, he must notify the Court in writing within 35 days (on or before June 17, 2013). Unless Plaintiff notifies the Court that he does not wish to pursue the newly opened action, he will be responsible for an additional $350.00 filing fee in the new case. If Plaintiff does not voluntarily dismiss the severed claims in Counts 4 and 5, the severed case shall be transferred to the Central District of Illinois for consideration of Plaintiff's motion to proceed IFP, service of process, a nd further proceedings as directed by that Court. IT IS FURTHER ORDERED that the only claims remaining in this action are COUNTS 1, 2, 3 and 6. This case shall now be captioned as: ALLEN NEELY CAFFEY, Plaintiff, vs. S. HENRY, HASEMEYER, MAUE, SCOTT, MOORE, and RICHARD, Defendants. IT IS FURTHER ORDERED that Defendants BEST, BERRY, BROWN, EILTS, and JOHN DOES #2 and #5 are TERMINATED from this action with prejudice. As to COUNTS 1, 2, 3 and 6, which remain in the instant case, the Clerk of Court shall prepare for Defendants HENRY, HASEMEYER, MAUE, SCOTT, MOORE, and RICHARD: (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons), and (2) Form 6 (Waiver of Service of Summons). Brown (Medical Technician, Pontiac CC), Elits (Correctional Counselor, Pontiac CC), S A Godinez (Director, IDOC), W Spiller (Menard CC, wrote 2nd investigative report), Unknown Party 1 (Warden, Menard CC), Unknown Party 2 (Medical Personal, Pontiac CC), Unknown Party 3 (Lieutenant, Pontiac CC), Unknown Party 4 (Sergeant, Pontiac CC), Unknown Party 5 (C/O, North Cell House Safety and Sanitation Officer), Berry (C/O, Pontiac CC) and Best (C/O, Pontiac CC) terminated. Signed by Judge G. Patrick Murphy on 5/13/2013. (beb)
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