Heiman v. Boyd

Heiman v. Boyd

Plaintiff:	Benjamin Heiman
Defendant:	John Boyd
Case Number:	3:2017cv00891
Filed:	November 24, 2017
Court:	US District Court for the Northern District of Indiana
Office:	South Bend Office
County:	LaPorte
Presiding Judge:	Philip P Simon
Presiding Judge:	Michael G Gotsch
Nature of Suit:	Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	None

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Date Filed	Document Text
March 7, 2018	Filing 4 OPINION AND ORDER re 1 Pro Se Complaint; GRANTS Benjamin Heiman leave to proceed on a claim for money damages against Sheriff John Boyd in his official capacity for being subjected to extremely cold temperatures without adequate protection due t o LaPorte County Jail policy in violation of the Eighth Amendment; GRANTS Benjamin Heiman leave to proceed on an injunctive relief claim against Sheriff John Boyd to stop enforcing the no-shirt policy in extremely cold temperatures as required by the Eighth Amendment; DISMISSES all other claims; DIRECTS the clerk and the United States Marshals Service to issue and serve process on Sheriff John Boyd at the LaPorte County Jail with a copy of this order and the complaint re 1 as required by 28 U. S.C. § 1915(d); and ORDERS, pursuant to 42 U.S.C. § 1997e(g)(2), that Sheriff John Boyd respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10.1, only to the claim for which Benjamin Heiman has been granted leave to proceed in this screening order. Signed by Judge Philip P Simon on 03/07/2018. (Copy mailed as directed in Order)(sct)

Date Filed

Document Text

March 7, 2018

Filing 4 OPINION AND ORDER re 1 Pro Se Complaint; GRANTS Benjamin Heiman leave to proceed on a claim for money damages against Sheriff John Boyd in his official capacity for being subjected to extremely cold temperatures without adequate protection due t o LaPorte County Jail policy in violation of the Eighth Amendment; GRANTS Benjamin Heiman leave to proceed on an injunctive relief claim against Sheriff John Boyd to stop enforcing the no-shirt policy in extremely cold temperatures as required by the Eighth Amendment; DISMISSES all other claims; DIRECTS the clerk and the United States Marshals Service to issue and serve process on Sheriff John Boyd at the LaPorte County Jail with a copy of this order and the complaint re 1 as required by 28 U. S.C. § 1915(d); and ORDERS, pursuant to 42 U.S.C. § 1997e(g)(2), that Sheriff John Boyd respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10.1, only to the claim for which Benjamin Heiman has been granted leave to proceed in this screening order. Signed by Judge Philip P Simon on 03/07/2018. (Copy mailed as directed in Order)(sct)

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Plaintiff: Benjamin Heiman
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Defendant: John Boyd
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