Martratt v. Gladieux et al
| Isaiah Malik Benjamin Martratt |
| David J Gladieux and Sheriff |
| 1:2023cv00117 |
| March 20, 2023 |
| US District Court for the Northern District of Indiana |
| Fort Wayne Office |
| Holly A Brady |
| Susan L Collins |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Defendant |
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Filing
14
OPINION AND ORDER: The Court DIRECTS the clerk to add as a defendant the Sheriff of Allen County in his official capacity; GRANTS Isaiah Malik Benjamin Martratt leave to proceed against the Sheriff of Allen County in his official capacity for comp ensatory damages for a policy or practice of housing him in overcrowded, understaffed conditions from October 2020 through July 2021, that resulted in inadequate recreation and injuries due to smoke inhalation and a disorderly evacuation when his dorm filled with smoke in violation of the Fourteenth Amendment; DISMISSES all other claims; DISMISSES David J. Gladieux; DIRECTS the clerk, under 28 U.S.C. § 1915(d), to request Waiver of Service from (and if necessary, the United States Mar shals Service to use any lawful means tolocate and serve process on) the Sheriff of Allen County at the Allen County Jail, with a copy of this order and the complaint 1 ; ORDERS the Allen County Sheriff to provide the full name, date of birth, and last known home address of any defendant who does not waive service if it has such information; and ORDERS, under 42 U.S.C. § 1997e(g)(2), the Sheriff of Allen County to respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claims for which the plaintiff has been granted leave to proceed in this screening order. Signed by Chief Judge Holly A Brady on 10/18/2023. (Copy mailed to pro se party)(shk)
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