August 22, 2018 |
Filing
27
OPINION AND ORDER: GRANTS Charles Huntley leave to proceed against Katharine Hutchison in her individual capacity for compensatory and punitive damages for denying medical treatment of the nerve pain and numbness in his right hip and leg from Octob er 29, 2017, to November 14, 2017, in violation of the Eighth Amendment; GRANTS leave to proceed against Andrew Liaw in his individual capacity for compensatory and punitive damages for denying medical treatment of his nerve pain and numbness in h is right hip and leg from November 14, 2017, to March 7, 2018, and from June 5, 2018 to present, in violation of the Eighth Amendment; GRANTS leave to proceed against Wexford Health Sources for compensatory and punitive damages for policies and pr actices which delay and deny medical treatment of the nerve pain and numbness in his right hip and leg in violation of the Eighth Amendment; GRANTS leave to proceed against Dr. Andrew Liaw in his official capacity as his treating physician at the Westville Correctional Facility for injunctive relief to obtain medical treatment for the nerve pain and numbness in his right hip and leg as required by the Eighth Amendment; DISMISSES all other claims; DISMISSES Dr. Jackson; ORDERS, pursuant to 4 2:1997e(g)(2), Katharine Hutchison, Andrew Liaw, and Wexford of Indiana, LLC, to respond, as provided for in the FRCP 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; ORDERS Dr. Andrew Liaw to file an affidavit or declaration (with additional reports and/or medical records as necessary) by 9/6/2018, explaining the medical condition of Charles Huntley and how the nerve pain and numbness in his right hip and leg is currently being treated; DENIES AS MOOT the earlier filed motion 26 to amend; DENIES the unsigned motions 22 and 24 with leave to refile signed copies; DIRECTS the clerk to send Charles Huntley a copy of ECF 21, 22, 22-1, 22-2, 23, 24, an d 25; ORDERS Charles Huntley to return a signed copy of ECF 21, 22, 22-1, 22-2, 23, 24, and 25 by 9/6/2018; and CAUTIONS him if he does not return signed copies by the deadline, this order will be vacated and he will proceed solely on the claims a ddressed in the screening order of June 19, 2018. 16 Signed by Judge Philip P Simon on 8/22/2018. (Attachments: # 1 ECF 21, 22, 22-1, 22-2, 23, 24, 25)(lhc) (Additional attachment(s) added on 8/23/2018: # 2 ECF 21, 22, 22-1, 22-2, 23, 24, 25 w/o banners) (lhc).
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May 10, 2018 |
Filing
6
OPINION AND ORDER: The Court GRANTS Charles Huntley leave to proceed against Hutchison in her individual capacity for compensatory and punitive damages for denying medical treatment of his hip and leg pain from October 29, 2017, to November 13, 20 17, in violation of the Eighth Amendment; GRANTS leave to proceed against Liaw in his individual capacity for compensatory and punitive damages for denying medical treatment of his hip and leg pain from November 14, 2017, to November 28, 2017, in violation of the Eighth Amendment; DISMISSES all other claims; DISMISSES Wexford Health Sources; DIRECTS the clerk and the USMS to issue and serve process on and Hutchison and Liaw at the IDOC, with a copy of this order and the complaint 2 -5 as required by 28:1915(d); and ORDERS, pursuant to 42:1997e(g)(2), that Hutchison and Liaw respond, as provided for in the Fed.R.Civ.P. 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 5/10/2018. (lhc)
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