Bennett v. Sevier et al
| Kevin Bennett |
| Carter, Wexford of Indiana LLC, Gary Durak, Barbara Eichman, Michelle Boren, Janice West, Lester Jones, Erin Mallon, Monica H Wala, Andrew Liaw, Mark Sevier, Renhack, Sean Flaherty, Katherine Hutchison and William Brown |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2018cv00852 |
| October 19, 2018 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Robert L Miller |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 24
ORDER: The Court GRANTS Kevin Bennett until 1/2/2019, to file a reply to the Warden's affidavit. #17 Signed by Judge Robert L Miller, Jr on 12/11/2018. (lhc)
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| Filing 23 WAIVER OF SERVICE Returned Executed by Janice West. Janice West waiver sent on 11/2/2018, answer due 1/2/2019. (Bitner, Douglass) |
| Filing 22 WAIVER OF SERVICE Returned Executed by Monica H Wala. Monica H Wala waiver sent on 11/2/2018, answer due 1/2/2019. (Bitner, Douglass) |
| Filing 21 WAIVER OF SERVICE Returned Executed by Andrew Liaw. Andrew Liaw waiver sent on 11/2/2018, answer due 1/2/2019. (Bitner, Douglass) |
| Filing 20 WAIVER OF SERVICE Returned Executed by Katherine Hutchison. Katherine Hutchison waiver sent on 11/2/2018, answer due 1/2/2019. (Bitner, Douglass) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Gary Durak. Gary Durak waiver sent on 11/2/2018, answer due 1/2/2019. (Bitner, Douglass) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Michelle Boren. Michelle Boren waiver sent on 11/2/2018, answer due 1/2/2019. (Bitner, Douglass) |
| Filing 17 RESPONSE to Motion re #4 MOTION for Permanent Injunction MOTION for Preliminary Injunction filed by Sean Flaherty, Lester Jones, Erin Mallon, Mark Sevier. (Attachments: #1 Exhibit A - Declaration of Warden Mark Sevier)(Esenwein, Jill) |
| Filing 16 Letter from Kevin Bennett re: retribution (jld) |
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Filing 15
ORDER granting #12 Motion for Extension of Time to File Response/Reply. The Court EXTENDS the deadline to file a response to the motion for a preliminary injunction to 12/7/18. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/4/18. (Copy mailed to pro se party). (nal)
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| Filing 14 NOTICE of Appearance by Joshua R Lowry on behalf of Sean Flaherty, Lester Jones, Erin Mallon, Mark Sevier (Lowry, Joshua) |
| Filing 13 NOTICE of Appearance by Jill E Esenwein on behalf of Sean Flaherty, Lester Jones, Erin Mallon, Mark Sevier (Esenwein, Jill) |
| Filing 12 MOTION for Extension of Time to File Response/Reply as to #4 MOTION for Permanent Injunction MOTION for Preliminary Injunction by Defendant Mark Sevier. (Esenwein, Jill) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Erin Mallon, Mark Sevier, Sean Flaherty, Lester Jones. Erin Mallon waiver sent on 11/2/2018, answer due 1/2/2019; Mark Sevier waiver sent on 11/2/2018, answer due 1/2/2019; Sean Flaherty waiver sent on 11/2/2018, answer due 1/2/2019; Lester Jones waiver sent on 11/2/2018, answer due 1/2/2019. (Esenwein, Jill) |
| Filing 10 *** FILING ERROR - ATTORNEY RE-FILED DOCUMENT AT DE#14 *** NOTICE of Appearance by Joshua R Lowry on behalf of Sean Flaherty, Lester Jones, Erin Mallon, Mark Sevier (Lowry, Joshua) Modified on 12/3/2018 (mtr). Modified on 12/3/2018 (mtr). |
| Filing 9 *** FILING ERROR - WRONG DOCUMENT ATTACHED; ATTORNEY RE-FILED DOCUMENT AT DE#13 *** NOTICE of Appearance by Jill E Esenwein on behalf of Sean Flaherty, Lester Jones, Erin Mallon, Mark Sevier (Esenwein, Jill) Modified on 12/3/2018 (mtr). Modified on 12/3/2018 (mtr). |
| Filing 8 WAIVER OF SERVICE Returned Executed by Wexford of Indiana LLC. Wexford of Indiana LLC waiver sent on 11/2/2018, answer due 1/2/2019. (Bitner, Douglass) |
| Filing 7 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Mark Sevier, Lester Jones, Sergeant Renhack, Sean Flaherty, Erin Mallon, William Brown, Wexford of Indiana, LLC, Barbara Eichmann, Monica H. Wala, Gary Durak, Michelle Boren, Andrew Liaw, Katherine Hutchison, Janice West. (Copy mailed as directed in Order) Waiver of Service due by 12/3/2018. (Attachments: #1 Opinion and Order, #2 Complaint) (lhc) |
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Filing 6
OPINION AND ORDER: The Court GRANTS Kevin Bennett leave to proceed on an Eighth Amendment claim of deliberate indifference for money damages against Barbara Eichmann, Gary Durak, Monica H. Wala, and Michelle Boren for providing him with no psychotropic medication and inadequate mental health therapy since February 2018; GRANTS leave to proceed on an Eighth Amendment claim of deliberate indifference for money damages against Lester Jones, Erin Mallon, and Janice West for their inadequate initial response to the suicide attempt on April 24, 2018; GRANTS leave to proceed on an Eighth Amendment claim of deliberate indifference for money damages against Janice West, Katherine Hutchinson, and Andrew Liaw for inadequate treatment of the stomach pain and back pain caused by the suicide attempt since April 24, 2018; GRANTS leave to proceed on an Eighth Amendment claim of deliberate indifference for money damages against Wexford of Indiana, LLC, for maintaining a policy or practice of denying or delaying medical care for nerve damage to save money; GRANTS leave to proceed on an Eighth Amendment claim for money damages against Sean Flaherty, Sergeant Renhack, Erin Mallon, and William Brown for using excessive force on April 24, 2018; GRANTS leave to proceed on a claim for injunctive relief against Mark Sevier in his official capacity to obtain medical treatment for his mental condition and his back as required by the Eighth Amendment; DISMISSES Captain Carter; DISMISSES all other claims; DIRECTS the clerk and the United States Marshals Service to issue and serve process on Mark Sevier, Lester Jones, Sergeant Renhack, Sean Flaherty, Erin Mallon, William Brown, Wexford of Indiana, LLC, Barbara Eichmann, Monica H. Wala, Gary Durak, Michelle Boren, Andrew Liaw, Katherine Hutchison, and Janice West at the Indiana Department of Correction with a copy of this order and the complaint #2 as required by 28 U.S.C. 1915(d); ORDERS Mark Sevier to respond to the motion for preliminary injunction #4 by 11/30/2018; and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Mark Sevier, Lester Jones, Sergeant Renhack, Sean Flaherty, Erin Mallon, William Brown, Wexford of Indiana, LLC, Barbara Eichmann, Monica H. Wala, Gary Durak, Michelle Boren, Andrew Liaw, Katherine Hutchison, and Janice West 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 Kevin Bennett has been granted leave to proceed in this screening order. Signed by Judge Robert L Miller, Jr on 11/1/2018. (Copy mailed as directed in Order) (lhc)
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Filing 5
ORDER granting #3 Motion for Leave to Proceed in forma pauperis; WAIVING the initial partial filing fee; ORDERING plaintiff to pay (and the facility having custody of him to automatically remit) 20% of the money he receives for each calendar month during which he receives $10 or more, until the $350 filing fee is paid in full; DIRECTS the clerk to create a ledger for receipt of these funds; and DIRECTS the clerk to send a copy of this order to each facility where the plaintiff is housed until the filing fee has been paid in full. Signed by Judge Robert L Miller, Jr on 10/25/18. (Copy mailed to pro se party and Warden)(jld)
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| Filing 4 MOTION for Preliminary Injunction, and MOTION for Parmenent Injunction by Plaintiff Kevin Bennett. (Attachments: #1 Brief in Support of Plaintiff's Motion for Preliminary and Parmenent Injunction)(nae) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Kevin Bennett. (nae) |
| Filing 2 PRO SE COMPLAINT with 15 copies of summons forms and 15 copies of USM-285 forms and with Jury Demand against Michelle Boren, William Brown, Carter, Gary Durak, Barbara Eichman, Sean Flaherty, Katherine Hutchison, Lester Jones, Andrew Liaw, Erin Mallon, Renhack, Mark Sevier, Monica H Wala, Janice West, Wexford of Indiana LLC, filed by Kevin Bennett. (Attachments: #1 Letter to Clerk, #2 Exhibits, #3 Affidavit in Support Verified Complaint for Damages and Injunctive Relief, #4 Proposed Summons and USM 285 forms, #5 Envelope)(nae) |
| Filing 1 Consent to Receipt of Documents Through Prisoner Electronic Filing Program (Westville) by Kevin Bennett (nae) |
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