| August 26, 2019 |
Filing
126
OPINION AND ORDER DENYING 106 MOTION for Summary Judgment filed by Marandnet, Kim Myers; GRANTING 109 MOTION for Summary Judgment filed by Mr Shultz, N Kennell. The Court DISMISSES Counselor Schulz and Officer Kennell. Signed by Judge Robert L Miller, Jr on 8/26/19. (ksp)
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| August 20, 2018 |
Filing
72
OPINION AND ORDER: Court CONSTRUES the 70 Motion in opposition as a response to the motions for summary judgment (ECF 60, ECF 64); GRANTS 60 Motion for Summary Judgment filed by Adriana Simpkins and Shalana Seifert; GRANTS 64 Motion for Su mmary Judgment filed by Nicholas Kennell, Danielle Wilson, and Adam Shultz with respect to the Eighth Amendment claim of deliberate indifference to serious medical needs but DENIES the motion in all other respects; DISMISSES Adriana Simpkins, Shalana Seifert, and Danielle Wilson; ORDERS Adam Shultz and Nicholas Kennell to file a notice by 9/7/2018, as to whether they intend to withdraw the exhaustion defense or proceed with a hearing; CAUTIONS Adam Shultz and Nicholas Kennell that, if they do not respond by this deadline, the affirmative defense of failure to exhaust administrative remedies will be waived. Signed by Judge Robert L Miller, Jr on 8/20/2018. (tc)
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| December 28, 2017 |
Filing
10
OPINION AND ORDER re 9 Amended Complaint, the Court GRANTS Donald Davis leave to proceed against Counselor Shultz and Officer Kennell in their individual capacities for money damages on the Eighth Amendment claim that they failed to protect him from his cellmate; GRANTS Donald Davis leave to proceed against Officer Kennell, Officer Wilson, Dr. Marandnet, Nurse Practitioner Kim Myers, Nurse Abie, and Nurse Shylenia in their individual capacities for money damages on the Eighth Amendment clai m that they were deliberately indifference to serious medical needs in relation to his burns and left hand injury. DISMISSES Lieutenant Beamer, Deputy Warden Sharon Hawks, Deputy Warden Reggal Timothy and Superintendent Kathy Griffin; DISMISSES all o ther claims: DIRECTS the clerk and the United States Marshals Service to issue and serve process on Counselor Shultz, Officer Kennell, Officer Wilson, Dr. Marandnet, Nurse Practitioner Kim Myers, Nurse Abbie and Nurse Shylenia at the Indiana Departme nt of Correction with a copy of the order and the amended complaint; and ORDERS counselor Shultz, Officer Kennell, Officer Wilson, Dr. Marandnet, Nurse Practitioner Kim Myers, Nurse Abbie, and Nurse Shylenia to respond only to the claims for which Donald Davis has been granted leave to proceed in this screening order. Signed by Judge Robert L Miller, Jr on 12/27/2017. (Copy mailed as directed in Order)(lpw)
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| October 16, 2017 |
Filing
7
OPINION AND ORDER: The Court STRIKES the 1 amended complaint; and GRANTS Donald Davis to an including 11/20/2017, to file an amended complaint. If Mr. Davis doesn't respond by November 20, this case will be dismissed without further notice. Signed by Judge Robert L Miller, Jr on 10/16/2017. (Copy mailed to pro se party)(jss)
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