Dewald v. Gorske et al
| Bart Dewald |
| Lacey R Gorske and Debra Rose |
| INDIANA STATE PRISON E-FILE (Court Use Only) |
| 3:2018cv00182 |
| March 12, 2018 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| LaPorte |
| Michael G Gotsch |
| Robert L Miller |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
131
OPINION AND ORDER GRANTING the motions for summary judgment 119 and 122 and DIRECTING the clerk to enter judgment in favor of the defendants and to close this case. Signed by Judge Robert L Miller, Jr on 8/18/2020. (bas)
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Filing
99
OPINION AND ORDER granting 97 Motion to Amend. The Court DIRECTS the clerk to file the amended complaint as set forth in this order, GRANTS Bart Dewald leave to proceed on an Eighth Amendment claim against Debra Rose, Lacey R. Gorske, Susan Watki ns, and Christine Tripp for money damages for acting with deliberate indifference to serious medical needs by denying him adequate pain medication and refusing to see him for his neck issues since January 1, 2017, GRANTS Mr. Dewald leave to proceed o n an Eighth Amendment claim against Sherry Fritter and Becky Hess for money damages for acting withdeliberate indifference to serious medical needs by refusing to respond to his complaints about the lack of medical care for his neck issues since Jan uary 1, 2017, GRANTS Mr. Dewald leave to proceed on a claim against Wexford Health Sources, Inc., for money damages for the practice of medical staff refusing to provide medication as prescribed and ignoring requests for medical attentionin violati on of the Eighth Amendment, GRANTS Mr. Dewald leave to proceed on an Eighth Amendment claimagainst Nancy Marthakis for money damages for acting with deliberate indifference to serious medical needs by discontinuing his prescription forNeurontin, GRANTS Mr. Dewald leave to proceed on a First Amendment claim against Nancy Marthakis for money damages for discontinuing his prescription for Neurontin in retaliation for filing this lawsuit, GRANTS Mr. Dewald leave to proceed on an injunctive relie f claim against the Warden of the Indiana State Prison in his official capacity to obtain adequate medical treatment for his neck issues as required by the Eighth Amendment, DISMISSES all ot her claims, DIRECTS the clerk and the United States Mars hals Services to issueand serve process on Nancy Marthakis at the Indiana Department of Correction with a copy of this order and the amended complaint (ECF 97-1, ECF 97) as required by 28 U.S.C. § 1915(d) and ORDERS, pursuant to 42 U.S.C. § 1997e(g)(2), Nancy Marthakis to respond, as provided by the Federal Rules of Civil Procedure and N.D. Ind. L. R.10.1, only to the claims for which Bart Dewald, has been granted leave to proceed in this order. Signed by Judge Robert L Miller, Jr on 4/2/19. (Copy mailed to pro se party). (nal)
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Filing
64
OPINION AND ORDER The court DENIES the 61 motion to reconsider and DENIES the 62 motion for leave to amend the complaint. Signed by Judge Robert L Miller, Jr on 9/12/18. (kjp)
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Filing
63
OPINION AND ORDER The court DENIES the 29 motion for a preliminaryinjunction. Signed by Judge Robert L Miller, Jr on 9/10/18. (Copy mailed to pro se party)(kjp)
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Filing
18
OPINION AND ORDER re 16 Amended Complaint; Bart Dewald is GRANTED leave to proceed on a claim against Debra Rose, Lacey R. Gorske, Susan Watkins, and Christine Tripp for money damages for denying him adequate pain medication and refusing to see hi m for his neck issues since January 1, 2017, in violation of the Eighth Amendment; GRANTS Mr. Dewald leave to proceed on a claim against Sherry Fritter and Becky Hess for money damages for refusing to respond to his complaints about the lack of medic al care for his neck issues since January 1, 2017, in violation of the Eighth Amendment; GRANTS Mr. Dewald leave to proceed on a claim against Wexford Health Sources, Inc., for money damages for the practice of medical staff refusing to provide medic ation as prescribed and ignoring requests for medical attention in violation of the Eighth Amendment; GRANTS Mr. Dewald leave to proceed on an injunctive relief claim to obtain adequate medical treatment for his neck issues as required by the Eighth Amendment; DISMISSES all other claims; DIRECTS the clerk and the United States Marshals Services to issue and serve process on Sherry Fritter, Christine Tripp, Becky Hess, Susan Watkins, and Wexford Health Sources, Inc., at the Indiana Department of Correction with a copy of this order and the complaint (ECF 16) as required by 28 U.S.C. § 1915(d); and ORDERS, pursuant to 42 U.S.C. § 1997e(g)(2), Debra Rose, Lacey R. Gorske, Sherry Fritter, Christine Tripp, Becky Hess, Susan Watkins, a nd Wexford Health Sources, Inc., to respond, as provided by the Federal Rules of Civil Procedure and N.D. Ind. L. R. 10.1, only to the claims for which Bart Dewald has been granted leave to proceed in this order. Signed by Judge Robert L Miller, Jr on 5/7/18. (Copy mailed to pro se party)(mlc)
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