Robertson v. Marandet MD et al
| Donnell Robertson |
| Noe J Marandet MD and Kimberly Marand Myers MD |
| 3:2017cv00695 |
| September 12, 2017 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| Miami |
| Philip P Simon |
| Michael G Gotsch |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
58
OPINION AND ORDER GRANTING 41 MOTION for Partial Summary Judgment (Exhaustion) filed by Kimberly Marand Myers MD, Noe J Marandet MD, DENYING 53 MOTION to Objection to the Defendant Noe J Marandet, M.D. and Kimberly Marand Myers N.P. R eply to There Response to Plaintiff Donnell Robertson Motion for Summary Judgment filed by Donnell Robertson. The claims against Noe J. Marandet, M.D., and Kimberly Marand Myers, M.D., for preventing Donnell Robertson from receiving Prednisone and U ltram from July 20, 2017, until August 24, 2017 are DISMISSED WITHOUT PREJUDICE. The parties are reminded that Donnell Robertson is proceeding in this case only on the two remaining claims. Against Noe J. Marandet, M.D., and Kimberly Marand Myers,M. D., in their individual capacities for compensatory and punitivedamages for personally lying to a guard on March 7, 2016, when they saidRobertson did not have a medical pass for a bottom bunk which causedhim to fall from the top bunk on March 8, 2016 , in violation of the EighthAmendment; and against Noe J. Marandet, M.D., and Kimberly Marand Myers,M.D., in their individual capacities for compensatory and punitivedamages for retaliating against him by refusing to provide him medicaltreatment in retaliation for his having filed a grievance against them onMarch 8, 2016, in violation of the First Amendment. Signed by Judge Philip P Simon on 3/13/19. (Copy mailed to pro se party)(mlc)
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Filing
16
OPINION AND ORDER re 1 Pro Se Complaint, The Court GRANTS Donnell Robertson leave to proceed against Noe J. Marandet, M.D., and Kimberly Marand Myers, M.D., in their individual capacities for compensatory and punitive damages for personally lyin g to a guard on March 7, 2016, when they saidRobertson did not have a medical pass for a bottom bunk which caused him to fall from the top bunk on March 8, 2016, in violation of the Eighth Amendment;GRANTS Donnell Robertson leave to proceed against N oe J. Marandet, M.D.,and Kimberly Marand Myers, M.D., in their individual capacities for compensatory and punitive damages for causing him unnecessary pain by preventing him from receiving Prednisone and Ultram from July 20, 2017, until August 24, 20 17, in violation of the Eighth Amendment; GRANTS Donnell Robertson leave to proceed against Noe J. Marandet, M.D., and Kimberly Marand Myers, M.D., in their individual capacities for compensatory and punitive damages for retaliating against him by re fusing to provide him medical treatment in retaliation for his having filed a grievance against them on March 8, 2016, in violation of the First Amendment; DISMISSES all other claims;DIRECTS the Clerk and the United States Marshals Service to issue a nd serveprocess on Noe J. Marandet, M.D., and Kimberly Marand Myers, M.D., at the Indiana Department of Correction with a copy of this order and the complaint (ECF 1), pursuant to 28 U.S.C. § 1915(d); and ORDERS, pursuant to 42 U.S.C. § 199 7e(g)(2), that Noe J. Marandet, M.D., and Kimberly Marand Myers, M.D., 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 Judge Philip P Simon on 3/29/18. (Copy mailed to pro se party)(mlc)
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