LaFerriere v. Newton et al
| Wayne LaFerriere |
| Chris Newton, Debbie Meier, Ashley Tinkle, Clint Thompkins, Ilene Mettler, Dan Cowen and Spillman |
| 1:2024cv00006 |
| January 8, 2024 |
| US District Court for the Northern District of Indiana |
| Andrew P Rodovich |
| Philip P Simon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on March 4, 2024. A more recent docket listing may be available from PACER.
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Filing 16
OPINION AND ORDER DENYING #5 MOTION for Preliminary Injunction filed by Wayne LaFerriere. Signed by Judge Philip P Simon on 3/4/2024. (Copy mailed to pro se party)(mrm)
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Filing 15
RESPONSE to Motion re #5 MOTION for Preliminary Injunction filed by Debbie Meier. (Attachments: #1 Affidavit 1 - Affidavit of Debbie Meier, #2 Exhibit 2 - Dispositional Order)(Keen, Robert)
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Filing 14
**DISREGARD - FILED IN ERROR - See DE #15 for correct entry**RESPONSE to Motion re #5 MOTION for Preliminary Injunction filed by Debbie Meier. (Attachments: #1 Exhibit 1 - Affidavit of Debbie Meier, #2 Exhibit 2 - Dispositional Order)(Keen, Robert) Modified on 2/16/2024 to disregard (mrm).
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***Waiver of Service Deadline terminated. (nal)
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Filing 13
WAIVER OF SERVICE Returned Executed by Debbie Meier. Debbie Meier waiver sent on 1/11/2024, answer due 3/11/2024. (Keen, Robert)
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Filing 12
ANSWER to Complaint for Preliminary Injunction by Debbie Meier.(Keen, Robert)
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Filing 11
Subpoena (incorrectly filed with cause #123cv6), filed by Wayne LaFerriere. (Attachments: #1 Envelope)(mrm)
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Filing 10
DEMAND for Trial by Jury by Debbie Meier. (Keen, Robert)
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Filing 9
NOTICE of Appearance by Robert T Keen, Jr on behalf of Debbie Meier (Keen, Robert)
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Filing 8
WAIVER OF SERVICE Returned Executed by Ashley Tinkle. Ashley Tinkle waiver sent on 1/11/2024, answer due 3/11/2024. (Pierce, Brian)
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Filing 7
NOTICE of Appearance by Brian M Pierce on behalf of Ashley Tinkle (Pierce, Brian)
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Filing 6
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Huntington County Jail Commander Debbie Meier and Nurse Ashley Tinkle. (Copy of Notice of Lawsuit, Opinion and Order #4 and Motion for Preliminary Injunction/Complaint #5 emailed to Huntington County Jail Commander as directed in Order) Waiver of Service due by 2/12/2024. (Attachments: #1 Opinion and Order, #2 Motion for Preliminary Injunction/Complaint) (sej)
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Filing 5
MOTION for Preliminary Injunction by Plaintiff Wayne LaFerriere. (sej)
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Filing 4
OPINION AND ORDER: The Court GRANTS the plaintiff leave to proceed against Nurse Ashley Tinkle and Jail Commander Debbie Meier for monetary damages for denying him needed medical treatment for epilepsy and injuries suffered in a fall in January 2024 in violation of the Fourteenth Amendment; GRANTS the plaintiff leave to proceed against the Commander of the Huntington County Jail in her official capacity to obtain medical care for epilepsy and injuries suffered in a fall as required by the Fourteenth Amendment; DISMISSES all other claims; DISMISSES Chris Newton, Clint Thompkins, Ilene Mettler, Dan Cowen, and Spillman as defendants; DIRECTS the clerk to separately docket the complaint #1 as a motion for a preliminary injunction; DIRECTS the clerk to request a Waiver of Service from (and if necessary, the United States Marshals Service to use any lawful means to locate and serve process on) the Huntington County Jail Commander by fax or email at the Huntington County Jail along with a copy of this order and the complaint pursuant to 28 U.S.C. 1915(d); DIRECTS the clerk to request a Waiver of Service from (and if necessary, the United States Marshals Service to use any lawful means to locate and serve process on) Nurse Ashley Tinkle at Quality Care and to send her a copy of this order and the complaint pursuant to 28 U.S.C. 1915(d); ORDERS the Huntington County Sheriffs Office and Quality Care to provide the United States Marshal Service with the full name, date of birth, and last known home address of any defendant who does not waive service, to the extent this information is available; ORDERS the Huntington County Jail Commander to file and serve a response to the plaintiffs motion for a preliminary injunction no later than 2/21/2024, with supporting documentation and declarations from staff as necessary, addressing the plaintiffs current medical condition and what treatment, if any, he has been provided; and ORDERS Commander Debbie Meier and Nurse Ashley Tinkle to respond, as provided 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 Judge Philip P Simon on 1/10/2024. (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 ; WAIVES the initial partial filing fee; ORDERS the plaintiff, Wayne LaFerriere, IDOC # Unknown, Huntington County Jail # 10179, 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 01/10/2024. (Copy mailed as directed in Order) (jdb)
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Filing 2
MOTION / Declaration for Leave to Proceed in forma pauperis titled by Plaintiff Wayne LaFerriere. (Attachments: #1 Envelope)(mrm)
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Filing 1
PRO SE COMPLAINT against Chris Newton, Debbie Meier, Ashley Tinkle, Clint Thompkins, Ilene Mettler, Dan Cowen, Spillman, filed by Wayne LaFerriere. (Returned file stamped copy with case number to LaFerriere) (Attachments: #1 Proposed Summons, #2 Envelope)(mrm)
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