Whitfield v. Sevier et al
Plaintiff: Lawrence Whitfield
Defendant: Elhart, Sgt Webb, Jesse Washington, Knox, Sails, John Salyer, Mark Sevier and Mirich
Not Yet Classified: WESTVILLE E-FILE(Court Use Only)
Case Number: 3:2019cv00362
Filed: May 6, 2019
Court: US District Court for the Northern District of Indiana
Presiding Judge: Michael G Gotsch
Referring Judge: Robert L Miller
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 3, 2019 Filing 27 MOTION to Produce Documents by Plaintiff Lawrence Whitfield. (lpw)
June 25, 2019 Opinion or Order Filing 26 ORDER DENYING #25 Motion to Appoint Counsel and DIRECTING the clerk to send Lawrence Whitfield ten copies of the screening order #6 . Signed by Magistrate Judge Michael G Gotsch, Sr on 6/25/2019.(Copies mailed as directed in Order) (bas)
June 18, 2019 Opinion or Order Filing 24 ORDER DENYING #22 MOTION to Produce filed by Lawrence Whitfield and GRANTING #23 Status Report filed by Lawrence Whitfield. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/18/2019. (bas)
June 17, 2019 Filing 25 MOTION to Appoint Counsel titled as Request for Appointment of Counsel by Plaintiff Lawrence Whitfield. (Attachments: #1 Letter to Clerk, #2 Envelope)(nae)
June 17, 2019 Filing 23 STATUS REPORT by Lawrence Whitfield. (nae)
June 17, 2019 Filing 22 MOTION to Produce Documents by Plaintiff Lawrence Whitfield. (nae)
June 12, 2019 Opinion or Order Filing 21 ORDER DENYING #14 Request for Preliminary Injunction filed by Lawrence Whitfield. Signed by Judge Robert L Miller, Jr on 06/12/2019. (Copy mailed to pro se party) (jat)
June 12, 2019 Filing 20 NOTICE of Appearance by Destiny R S Wells on behalf of Elhart, Mirich, Sails, Sgt Webb (Wells, Destiny)
June 12, 2019 Filing 19 WAIVER OF SERVICE Returned Executed by Sgt Webb. Sgt Webb waiver sent on 5/13/2019, answer due 7/12/2019. (Fiorini, Amanda)
June 12, 2019 Filing 18 WAIVER OF SERVICE Returned Executed by Sails. Sails waiver sent on 5/13/2019, answer due 7/12/2019. (Fiorini, Amanda)
June 12, 2019 Filing 17 WAIVER OF SERVICE Returned Executed by Mirich. Mirich waiver sent on 5/13/2019, answer due 7/12/2019. (Fiorini, Amanda)
June 12, 2019 Filing 16 WAIVER OF SERVICE Returned Executed by Elhart. Elhart waiver sent on 5/13/2019, answer due 7/12/2019. (Fiorini, Amanda)
June 12, 2019 Filing 15 NOTICE of Appearance by Amanda E Fiorini on behalf of Elhart, Mirich, Sails, Sgt Webb (Fiorini, Amanda)
June 7, 2019 Filing 14 Important NOTICE by Lawrence Whitfield (Attachments: #1 Supporting Affidavit)(nae)
June 5, 2019 Filing 13 Copy of docket sheet to be distributed to Lawrence Whitfield #267655 as requested in DE #12 letter. (nae)
June 4, 2019 Filing 12 Letter from Lawrence Whitfield requesting status of case. (Docket sheet sent) (nae)
June 4, 2019 Filing 11 NOTICE of Change of Address by Lawrence Whitfield from Westville Correctional Facility to Lake County Jail 2293 North Main Street Crown Point, IN 46307 temporarily from August 26, 2019 until judgment is reached on petition for post conviction relief. (nae)
May 28, 2019 Opinion or Order Filing 10 ORDER DENYING #9 Motion for Temporary Restraining Order. Signed by Judge Robert L Miller, Jr on 5/28/2019. (mrm) Modified on 5/31/2019 to modify text.(sct).
May 24, 2019 Filing 9 MOTION for Temporary Restraining Order by Plaintiff Lawrence Whitfield. (jld)
May 17, 2019 Filing 8 Consent to Receipt of Documents Through Prisoner Electronic Filing Program (Westville) by Lawrence Whitfield (Consent previously received) (nae)
May 13, 2019 Filing 7 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Officer Knox, Officer Sails, Sergeant Webb, Sergeant Elhart and Officer Mirich. (Copy mailed to defendants). Waiver of Service due by 6/12/2019. (Attachments: #1 Order, #2 Complaint) (nal)
May 13, 2019 Opinion or Order Filing 6 OPINION AND ORDER: The Court GRANTS Lawrence Whitfield leave to proceed on a First Amendment claim against Officer Knox for retaliating against him for filing a PREA complaint by trashing his cell in January 2019, GRANTS Mr. Whitfield leave to proceed on a First Amendment claim against Officer Sails for retaliating against him for filing a PREA complaint by issuing a false disciplinary report on March 14, 2019, GRANTS Mr. Whitfield leave to proceed on an Eighth Amendment claim against Sergeant Webb, Sergeant Elhart, and Officer Mirich for assaulting him in his cell on April 5, 2019, DISMISSES Mark Sevier, John Salyer, and Lieutenant Washington, DISMISSES all other claims, DIRECTS the clerk and the United States Marshals Service to issue and serve process on Officer Knox, Officer Sails, Sergeant Webb, Sergeant Elhart,and Officer Mirich at the Indiana Department of Correction with a copy of this order and the complaint ECF #1 as required by 28 U.S.C. 1915(d) and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Officer Knox, Officer Sails, Sergeant Webb, Sergeant Elhart, and Officer Mirich 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 Lawrence Whitfield has been granted leave to proceed in this screening order. Signed by Judge Robert L Miller, Jr on 5/13/19. (Copy mailed to pro se party). (nal)
May 9, 2019 Opinion or Order Filing 4 ORDER GRANTS the plaintiff leave to proceed in forma pauperis (ECF #2 ). WAIVES the initial partial filing fee. ORDERS the plaintiff, Lawrence Whitfield, IDOC # 267655, to pay (and the facility having custody of him to automatically remit) to the clerk of this court 20% of the money he receives for each calendar month during which he receives $10.00 or more, until the $350.00 filing fee is paid in full. DIRECTS the clerk to create a ledger for receipt of these funds. 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 5/9/2019. (Copy mailed as directed in Order)(sct)
May 8, 2019 Filing 5 Consent to Receipt of Documents Through Prisoner Electronic Filing Program (Westville) by Lawrence Whitfield (nae)
May 6, 2019 Filing 3 Proposed Subpoena to Mark Sevier by Lawrence Whitfield.(nae)
May 6, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Lawrence Whitfield. (nae)
May 6, 2019 Filing 1 PRO SE COMPLAINT with 8 copies of summons forms and 1 copies of USM-285 forms and with Jury Demand against Elhart, Knox, Mirich, Sails, John Salyer, Mark Sevier, Jesse Washington, Sgt Webb, filed by Lawrence Whitfield. (Returned copy with case number to Whitfield) (Attachments: #1 Exhibits, #2 Proposed Summons, #3 USM 285 form)(nae)

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Plaintiff: Lawrence Whitfield
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Defendant: Elhart
Represented By: Destiny R S Wells
Represented By: Amanda E Fiorini
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Defendant: Sgt Webb
Represented By: Destiny R S Wells
Represented By: Amanda E Fiorini
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Defendant: Jesse Washington
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Defendant: Knox
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Defendant: Sails
Represented By: Destiny R S Wells
Represented By: Amanda E Fiorini
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Defendant: John Salyer
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Defendant: Mark Sevier
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Defendant: Mirich
Represented By: Destiny R S Wells
Represented By: Amanda E Fiorini
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Not yet classified: WESTVILLE E-FILE(Court Use Only)
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