Ybarra v. Wexford Medical et al
| Randy Russell Ybarra |
| Wexford Medical, Doctor Marthakis and Diane Thews |
| 3:2018cv00404 |
| May 30, 2018 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| LaPorte |
| Philip P Simon |
| Michael G Gotsch |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
198
OPINION AND ORDER DENYING the Rule 60(b) 192 MOTION Requesting to Amending a Judgment re 188 Clerks Judgment by Plaintiff Randy Russell Ybarra. Signed by Judge Damon R Leichty on 8/22/2022. (Copy mailed to pro se party)(mrm)
|
|
Filing
187
OPINION AND ORDER GRANTING 185 MOTION Requesting Information Be Considered Into Final Judgment filed by Randy Russell Ybarra and GRANTING 149 MOTION for Summary Judgment filed by Doctor Marthakis, Wexford Medical, Diane Thews. The Clerk is DIRECTED to enter judgment in favor of the defendants and against Randy Ybarra. Signed by Judge Damon R Leichty on 5/25/2021. (mrm)
|
|
Filing
137
OPINION AND ORDER denying 121 Motion for Preliminary Injunction. Signed by Judge Damon R Leichty on 1/21/20. (nal)
|
|
Filing
122
OPINION AND ORDER: The court GRANTS Randy Russell Ybarra leave to proceed against Diane Thews in her individual capacity for compensatory and punitive damages for denying him medical treatment for his chronic eczema and psoriasis in vio lation of the Eighth Amendment, GRANTS Randy Russell Ybarra leave to proceed against Wexford Medical for compensatory and punitive damages for enforcing a policy or practice of denying needed nonprescription medical products to indigent in mates in violation of the Eighth Amendment, GRANTS Randy Russell Ybarra leave to proceed against Wexford Medical for injunctive relief to obtain needed non-prescription medical products when he is indigent as required by the Eighth Amendme nt, GRANTS Randy Russell Ybarra leave to proceed against Dr. Marthakis in her individual capacity for compensatory and punitive damages for denying him medical treatment for glass in his right foot in violation of the Eighth Amendment, GRANTS Randy Russell Ybarra leave to proceed against Dr. Marthakis in her official capacity for injunctive relief to obtain medical treatment for glass in his right foot as required by the Eighth Amendment, DISMISSES all other claims, LIFTS the stay, FINDS, pursuant to 42 U.S.C. § 1997e(g)(2), that the defendants need not file an answer to the second amended complaint ECF 115 because the claims and defendants are unchanged and GRANTS Wexford Medical until 1/9/20 to file a response to the preliminary injunction motion ECF 121 . Signed by Judge Damon R Leichty on 12/12/19. (nal)
|
|
Filing
46
OPINION AND ORDER re 26 Amended Complaint, GRANTS Randy Russell Ybarra leave to proceed against Diane Thews in her individual capacity for compensatory and punitive damages for denying him medical treatment for his chronic eczema and psoriasis in violation of the Eighth Amendment; GRANTS Randy Russell Ybarra leave to proceed against Wexford Medical for compensatory and punitive damages for enforcing a policy or practice of denying needed non-prescription medical products to indigent inmates in violation of the EighthAmendment; GRANTS Randy Russell Ybarra leave to proceed against Wexford Medical for injunctive relief to obtain needed non-prescription medical products when he is indigent as required by the Eighth Amendment; GRANTS Randy R ussell Ybarra leave to proceed against Dr. Marthakis in her individual capacity for compensatory and punitive damages for denying him medicaltreatment for glass in his right foot in violation of the Eighth Amendment;(5) GRANTS Randy Russell Ybarra le ave to proceed against Dr. Marthakis in herofficial capacity for injunctive relief to obtain medical treatment for glass in his right foot as required by the Eighth Amendment; DISMISSES all other claims; DISMISSES Sherri Fritter; LIFTS the stay; and ORDERS, pursuant to 42 U.S.C. § 1997e(g)(2), Diane Thews, Wexford Medical, and Dr. Marthakis to 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 grantedleave to proceed in this screening order. Signed by Judge Philip P Simon on 11/26/18. (Copy mailed to pro se party)(mlc)
|
|
Filing
3
OPINION AND ORDER: GRANTS Randy Russell Ybarra leave to proceed against Diane Thews in her individual capacity for compensatory and punitive damages for denying him medical treatment for his chronic eczema and psoriasis in violation of the Eighth Am endment. GRANTS Randy Russell Ybarra leave to proceed against Wexford Medical for compensatory and punitive damages for enforcing a policy or practice of denying needed non-prescription medical products to indigent inmates in violation of the Eighth Amendment. GRANTS Randy Russell Ybarra leave to proceed against Dr. Marthakis in her individual capacity for compensatory and punitive damages for denying him medical treatment for the glass in his right foot in violation of the Eighth Amendmen t. GRANTS Randy Russell Ybarra leave to proceed against Dr. Marthakis in her official capacity for injunctive relief to obtain medical treatment for the glass in his right foot as required by the Eighth Amendment. DISMISSES all other claims. DISMIS SES Sherri Fritter. DIRECTS the clerk and the United States Marshals Service to issue and serve process at the Indiana Department of Correction on Diane Thews, Wexford Medical and Dr. Marthakis with a copy of this order and the complaint (DE 1) as re quired by 28 U.S.C. § 1915(d). ORDERS, pursuant to 42 U.S.C. § 1997e(g)(2), Diane Thews, Wexford Medical, and Dr. Marthakis to 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 06/05/2018. (Copy mailed to pro se party)(sct). Signed by Judge Philip P Simon on 06/05/2018. (Copy mailed to pro se party)(sct)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Indiana Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
