Lucio v. Galperin et al
| Jose I Lucio |
| Dr. Galperin, Nurse Jordan, Galperin, Jordan and Allen County Sheriff |
| 1:2023cv00198 |
| May 17, 2023 |
| US District Court for the Northern District of Indiana |
| Holly A Brady |
| Susan L Collins |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on July 12, 2023. A more recent docket listing may be available from PACER.
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Filing 17
REPLY to Response to Motion #16 RESPONSE to Motion for Injunctive Relief, titled as Response to the Sheriff of Allen County's Response for Injunctive Relief by Jose I Lucio. (Attachments: #1 Cover Sheet, #2 Attachment Envelope 1, #3 Envelope 1, #4 Attachment Envelope 2, #5 Attachment Envelope 3, #6 Attachment Envelope 4)(ash)
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Filing 16
RESPONSE to Motion for Injunctive Relief by Allen County Sheriff. (Attachments: #1 Exhibit 1 - Medical Records, #2 Exhibit 2 - Medical Records)(Feighner, J) Modified on 6/21/2023 to edit docket text (nae).
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Filing 15
ORDER TO SHOW CAUSE: The Allen County Sheriff is ORDERED to file his response by 6/21/23 or SHOW CAUSE why he has not complied with this court's order. Signed by Judge Holly A Brady on 6/16/23. (Copy mailed to pro se party). (nal)
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Filing 14
ORDER: The motion for appointment of counsel #13 is DENIED. The clerk is DIRECTED to send Jose I. Lucio ten (10) copies of the screening Order #4 so he can include them with a letter to ten individual attorneys asking for representation. Signed by Magistrate Judge Susan L Collins on 06/13/2023. (Copy mailed as directed in Order) (jdb)
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Filing 13
MOTION for Appointment of Counsel by Plaintiff Jose I Lucio. (Attachments: #1 Envelope)(ash)
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Filing 12
WAIVER OF SERVICE Returned Executed by Jordan. Jordan waiver sent on 5/31/2023, answer due 7/31/2023. (Pierce, Brian)
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Filing 11
NOTICE of Appearance by Brian M Pierce on behalf of Jordan (Pierce, Brian)
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Filing 10
WAIVER OF SERVICE Returned Executed by Galperin. Galperin waiver sent on 5/31/2023, answer due 7/31/2023. (Pierce, Brian)
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Filing 9
NOTICE of Appearance by Brian M Pierce on behalf of Galperin (Pierce, Brian)
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Filing 8
WAIVER OF SERVICE Returned Executed by Allen County Sheriff. Allen County Sheriff waiver sent on 5/31/2023, answer due 7/31/2023. (Feighner, J)
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Filing 7
NOTICE of Appearance by J Spencer Feighner on behalf of Allen County Sheriff (Feighner, J)
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Filing 6
Confirmation received from Allen County Sheriff's Office of receipt of Notice of Lawsuit DE #5 . (sej)
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Filing 5
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Allen County Sheriff, Dr. Galperin and Nurse Jordan. Waiver of Service due by 6/30/2023. (Attachments: #1 Opinion and Order, #2 Complaint) (Copy and attachments mailed and emailed to the Allen County Sheriff at the Allen County Sheriff's Office)(sej)
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Filing 4
OPINION AND ORDER: The court DIRECTS the Clerk to add the Allen County Sheriff in his official capacity as a defendant; GRANTS Jose I. Lucio leave to proceed against the Allen County Sheriff in his official capacity for injunctive relief to receive constitutionally adequate dental care, as required by the Fourteenth Amendment; GRANTS Jose I. Lucio leave to proceed against Dr. Galperin and Nurse Jordan in their individual capacities for compensatory and punitive damages for acting in an objectively unreasonable manner in response to Lucios dental condition, in violation of the Fourteenth Amendment; DISMISSES all other claims; DIRECTS the clerk, under 28 U.S.C. 1915(d), to request Waiver of Service from (and if necessary, the United States Marshals Service to use any lawful means to locate and serve process on) the Allen County Sheriff at the Allen County Sheriffs Department with a copy of this order and the complaint #1 ; DIRECTS the clerk to fax or email a copy of the same documents to the Allen County Sheriff at the Allen County Sheriffs Department; DIRECTS the clerk to make a docket notation upon receiving confirmation of receipt of delivery; DIRECTS the clerk, under 28 U.S.C. 1915(d), to request Waiver of Service from (and if necessary, the United States Marshals Service to use any lawful means to locate and serve process on) Dr. Galperin and Nurse Jordan at Quality Correctional Care, LLC, with a copy of this order and the complaint #1 ; ORDERS Quality Correctional Care, LLC, to provide the full name, date of birth, and last known home address of Dr. Galperin and Nurse Jordan, if they do not waive service if it has such information; and ORDERS, under 42 U.S.C. 1997e(g)(2), the Allen County Sheriff, Dr. Galperin, and Nurse Jordan 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; ORDERS the Allen County Sheriff to file and serve a response explaining how he is providing Jose I. Lucio with constitutionally adequate treatment for his dental condition as soon as possible but not later than 06/14/2023, (with supporting medical documentation and declarations from other staff as necessary); GRANTS Jose I. Lucio fourteen days to reply to the Allen County Sheriffs response to the motion for preliminary injunction. Signed by Judge Holly A Brady on 05/30/2023. (Copy mailed to pro se party)(sej)
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Filing 3
ORDER: The court GRANTS the plaintiff leave to proceed in forma pauperis #2 ; ORDERS the plaintiff, Jose I. Lucio, IDOC # UNKNOWN, Allen County Jail # 967652, to immediately pay (and the facility having custody to automatically remit) $3.20 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 Holly A Brady on 05/23/2023. (Copy mailed to pro se party and Allen County Jail: Inmate Trust Fund)(sej)
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Filing 2
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Jose I Lucio. (Attachments: #1 Ledger, #2 Envelope)(ash)
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Filing 1
PRO SE COMPLAINT against Galperin, Jordan, filed by Jose I Lucio. (File stamped copy sent to plaintiff) (Attachments: #1 Envelope)(ash) (Additional attachment(s) added on 5/17/2023: #2 Corrected Main Document) (ash).
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