Graham v. Carter et al
| Darcel Graham |
| Ronald Neal, J Piggot, Corizon Medical Service, M Maldonado, Robert E Carter, Jr, B Zimmerman, Itodo, Tustison and B Rei |
| 3:2019cv00258 |
| March 29, 2019 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Philip P Simon |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 12, 2021. A more recent docket listing may be available from PACER.
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Filing 7
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Sgt. Itodo, Sgt. J. Piggot, Ofc. Maldonado, Officer B. Rei, Sgt. Tustison and Sgt. B. Zimmerman. Waiver of Service due by 8/12/2019. (Attachments: #1 Order, #2 Complaint) (nal)
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Filing 6
OPINION AND ORDER: The Court GRANTS Darcel Graham leave to proceed against Sgt. Itodo, Sgt. J. Piggot, Ofc. Maldonado, and Officer B. Rei in their individual capacities for compensatory and punitive damages for using excessive force against him when they snatched him from the ground and forced him into a holding cell on December 29, 2017, in violation of the Eighth Amendment, GRANTS Darcel Graham leave to proceed against Sgt. Itodo, Sgt. J. Piggot, Ofc. Maldonado, and Officer B. Rei in their individual capacities for compensatory and punitive damages for being deliberate indifferent to Graham's need for medical attention following his fall on December 29, 2017, in violation of the Eighth Amendment, GRANTS Darcel Graham leave to proceed against Sgt. Tustison in his individual capacity for compensatory and punitive damages on a claim he used excessive force against Graham on June 24, 2018, in violation of the Eighth Amendment, GRANTS Darcel Graham leave to proceed against Sgt. B. Zimmerman in his individual capacity for compensatory and punitive damages on a claim he failed to intervene in Sgt. Tustison's use of excessive force against Graham on June 24, 2018, in violation of the Eighth Amendment, DISMISSES Commissioner Robert E. Carter, Jr., Warden Ron Neal, and Corizon Medical Services, DISMISSES all other claims, DIRECTS the clerk and the United States Marshals Service to issue and serve process on Sgt. Itodo, Sgt. J. Piggot, Ofc. Maldonado, Officer B. Rei, Sgt. Tustison, and Sgt. B. Zimmerman at the Indiana State Prison with a copy of this order and the complaint ECF #1 as required by 28 U.S.C. 1915(d), ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), that on Sgt. Itodo, Sgt. J. Piggot, Ofc. Maldonado, Officer B. Rei, Sgt. Tustison, and Sgt. B. Zimmerman 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 7/11/19. (Copy mailed to pro se party). (nal)
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Filing 5
ORDER GRANTING #2 MOTION for Leave to Proceed in forma pauperis; WAIVING the initial partial filing fee; ORDERING the Plaintiff to pay to the clerk 20% of money received for each calendar month during which $10.00 or more is received, until the $350.00 filing fee is paid in full; and DIRECTING the clerk to create a ledger for receipt of these funds and 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 Philip P Simon on 6/26/2019. (Copy mailed to pro se party and as directed in Order)(bas)
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Filing 4
ORDER DENYING #3 Motion to Appoint Counsel. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/21/2019. (Copy mailed to pro se party)(bas)
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Filing 3
MOTION for Appointment of Counsel for 42 U.S.C. 1983 Civil Rights Complaint by Plaintiff Darcel Graham. (Attachments: #1 Envelope)(nae)
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Filing 2
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Darcel Graham. (nae)
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Filing 1
PRO SE COMPLAINT for Money Damages and Injunction with 9 copies of summons forms and 9 copies of USM-285 forms and with Jury Demand against Robert E Carter, Jr, Corizon Medical Service, Itodo, M Maldonado, Ronald Neal, J Piggot, B Rei, Tustison, B Zimmerman, filed by Darcel Graham. (Returned file stamped copy with case number to Graham) (Attachments: #1 Letter to Clerk and Exhibit, #2 Proposed Summons and USM Forms, #3 Envelope, #4 Affidavit)(nae)
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