Lucio v. Galperin et al
| Jose I Lucio |
| Galperin and Troy Hershberger |
| 1:2023cv00303 |
| July 18, 2023 |
| US District Court for the Northern District of Indiana |
| Andrew P Rodovich |
| Philip P Simon |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on September 15, 2023. A more recent docket listing may be available from PACER.
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Filing 13
NOTICE of Change of Address by Jose I Lucio from Allen County Jail to Allen County Community Corrections Residential Services, 7117 Venture Ln Fort Wayne, IN 46818. (ash)
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Filing 12
OPINION AND ORDER: The request for a preliminary injunction contained in the complaint #1 is DENIED. Signed by Judge Philip P Simon on 9/5/23. (Copy mailed to pro se party). (nhc)
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***Waiver of Service Deadline terminated. (nal)
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Filing 11
WAIVER OF SERVICE Returned Executed by Galperin. Galperin waiver sent on 7/21/2023, answer due 9/19/2023. (Pierce, Brian)
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Filing 10
NOTICE of Appearance by Brian M Pierce on behalf of Galperin (Pierce, Brian)
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Filing 9
RESPONSE to Motion for Injunctive Relief by Troy Hershberger. (Attachments: #1 Exhibit 1 - Medical Records, #2 Exhibit 2 - Medical Records, #3 Exhibit 3 - Medical Records, #4 Exhibit 4 - Medical Records, #5 Exhibit 5 - Medical Records, #6 Exhibit 6 - Medical Records)(Feighner, J) Modified on 8/2/2023 to correct docket text (nae).
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Filing 8
WAIVER OF SERVICE Returned Executed by Troy Hershberger. Troy Hershberger waiver sent on 7/20/2023, answer due 9/18/2023. (Feighner, J)
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Filing 7
NOTICE of Appearance by J Spencer Feighner on behalf of Troy Hershberger (Feighner, J)
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Filing 6
Confirmation received by phone from Allen County Sheriff of receipt of order DE #4 and #5 . (nae)
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Filing 5
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden Troy Hershberger and Dr. Galperin. (Copy mailed to pro se party and emailed to defendants as directed in order). Waiver of Service due by 8/21/2023. (Attachments: #1 Complaint, #2 Order). (nal) Modified on 7/21/2023 regenerated to Quality Correctional Control (nae).
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Filing 4
OPINION AND ORDER: The court GRANTS Jose I. Lucio leave to proceed against the Allen County Sheriff Troy Hershberger in his official capacity for injunctive relief to receive constitutionally adequate medical care for his aortic aneurism, as required by the Fourteenth Amendment, GRANTS Jose I. Lucio leave to proceed against Dr. Galperin in his individual capacity for compensatory and punitive damages for acting in an objectively unreasonable manner in response to Lucio's need for urgent testing related to his aortic aneurism, 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) Allen County Sheriff Troy Hershberger at the Allen County Sheriff's Department with a copy of this order and the complaint ECF #1 , DIRECTS the clerk to fax or email a copy of the same documents to Allen County Sheriff Troy Hershberger 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 at Quality Correctional Care, LLC, with a copy of this order and the complaint ECF #1 , ORDERS Quality Correctional Care, LLC, to provide the full name, date of birth, and last known home address of Dr. Galperin, if he does not waive service and it has such information and ORDERS, under 42 U.S.C. 1997e(g)(2), Allen County Sheriff Troy Hershberger and Dr. Galperin 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 Allen County Sheriff Troy Hershberger to file and serve a response explaining how he is providing Jose I. Lucio with constitutionally adequate treatment for his aortic aneurism as soon as possible but not later than 8/2/23 (with supporting medical documentation and declarations from other staff as necessary) and GRANTS Jose I. Lucio fourteen days to reply to the Allen County Sheriff's response to his request for a preliminary injunction. Signed by Judge Philip P Simon on 7/19/23. (Copy mailed as to pro se party and emailed as directed in Order). (nal)
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Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis; WAIVES the initial partial filing fee; ORDERS the plaintiff, Jose I. Lucio, IDOC # UNKNOWN, Allen County Jail Jail # 967652, 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 Philip P Simon on 7/18/23. (Copy mailed to pro se party and Allen County Jail as directed in Order). (nhc)
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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 Exhibit, #2 Envelope)(mrm)
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Filing 1
PRO SE COMPLAINT against Dr. Galperin, Troy Hershberger, filed by Jose I Lucio. (Returned file stamped copy with case number to Lucio) (Attachments: #1 Envelope)(mrm)
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