Fingers v. Carter et al
| Derek N. Fingers, Derek D Fingers and Derek Dontia Fingers |
| Dr. Kardis, Ms. Lee, Mr. Carter, Ms. Miller, Ms. Gonzales, Dushan Zatecky, Dr. Dwenger, Dr. Pental, Shawna Morson, Joshua Querry, Danny Tucker, Vedora Hinshaw, Mark Levenhagen, James Collingsworth, Jessica Koons, Robert Carter, Jr, Sharon Hawk, Wendy Arnold, Ms. Gibbs, Ms. Overholser, George Rentschler, William Hyatte, Steven Price, C. Sanford, Courtney Bridenthal, Kenneth Owens, Matthew Morson, Serena Kendall, Brady Herrington, Roy Buckner, Ms. Devore, Nathanael Angle, Lee, Price, Owens, Herrington, J Collingsworth, Courtney Bridenthall, J Querry, Hawk, Tucker, Overholser, Miller, Morson, S Kendall, Buckner, Gonzales, Rentschler, Carter, Devore, Doctor Pental, J Koons, Hienshaw, Angle and Gibbs |
| 3:2019cv00525 |
| July 10, 2019 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Robert L Miller |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on September 29, 2021. A more recent docket listing may be available from PACER.
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Filing 20
SUMMONS Returned Executed by USMS obo Derek D Fingers. Miller served on 8/24/2019, answer due 9/16/2019. (rmc)
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Filing 19
WAIVER OF SERVICE Returned Executed by Overholser. Overholser waiver sent on 8/23/2019, answer due 10/22/2019. (Bitner, Douglass)
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Filing 18
WAIVER OF SERVICE Returned Executed by Courtney Bridenthall. Courtney Bridenthall waiver sent on 8/23/2019, answer due 10/22/2019. (Bitner, Douglass)
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Filing 17
Summons Issued as to Courtney Bridenthall, Devore, Gibbs, Overholser, Doctor Pental. cc USMS with attachments #3 , #4 (lpw)
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Filing 15
NOTICE of Appearance by Matthew S Koressel on behalf of Herrington, William Hyatte, S Kendall, J Koons, Price (Koressel, Matthew)
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Filing 14
WAIVER OF SERVICE Returned Executed by Price. Price waiver sent on 7/17/2019, answer due 9/16/2019. (Fiorini, Amanda)
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Filing 13
WAIVER OF SERVICE Returned Executed by J Koons. J Koons waiver sent on 7/17/2019, answer due 9/16/2019. (Fiorini, Amanda)
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Filing 12
WAIVER OF SERVICE Returned Executed by S Kendall. S Kendall waiver sent on 7/17/2019, answer due 9/16/2019. (Fiorini, Amanda)
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Filing 11
WAIVER OF SERVICE Returned Executed by William Hyatte. William Hyatte waiver sent on 7/17/2019, answer due 9/16/2019. (Fiorini, Amanda)
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Filing 10
WAIVER OF SERVICE Returned Executed by Herrington. Herrington waiver sent on 7/17/2019, answer due 9/16/2019. (Fiorini, Amanda)
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Filing 16
NOTICE of Change of Address by Derek D Fingers from Miami Correctional Facility to Westville Correctional Facility (nae)
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Filing 9
Summons Issued as to Miller. cc: USMS with attachments #3 #4 (lpw) Modified on 8/8/2019 (lpw).
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Filing 8
BRIEF in Support of #7 MOTION to Dismiss filed by William Hyatte. (Fiorini, Amanda)
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Filing 7
MOTION to Dismiss by Defendant William Hyatte. (Fiorini, Amanda)
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Filing 6
Plaintiff's Left Out Exhibits and Exhibit's List to NOTICE of Compliance With Ind Code 34-13-7-1 by Defendnats by Derek D Fingers re #3 State Court Complaint, (nae)
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Filing 5
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden William Hyatte, Nurse Courtney Bridenthall, Sgt. S. Kendall, Counselor J. Koons, Sgt. Miller, Ms. Gibbs, Ms. Overholser, Ms. Devore, Dr. Pental, Correctional Officer Herrington and Counselor Price. Waiver of Service due by 8/16/2019. (Attachments: #1 Order, #2 Complaint). (nal)
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Filing 4
ORDER: The Court GRANTS Derek D. Fingers leave to proceed against Warden William Hyatte in his official capacity for permanent injunctive relief to obtain constitutionally required mental health treatment, GRANTS Mr. Fingers leave to proceed against Nurse Courtney Bridenthall in her individual capacity for compensatory and punitive damages for refusing to provide him with his psychiatric medication on July 10, 2018, around 7:00 a.m., in violation of the Eighth Amendment, GRANTS Mr. Fingers leave to proceed against Sgt. S. Kendall, Counselor J. Koons and Sgt. Miller in their individual capacities for compensatory and punitive damages for preventing him from receiving psychiatric medication on July 17, 2018, at 7:00 a.m., in violation of the Eighth Amendment, GRANTS Mr. Fingers leave to proceed against Ms. Gibbs, Ms. Overholser, Ms. Devore and Dr. Pental in their individual capacities for compensatory and punitive damages for denying him mental health treatment by refusing to see him from July 17, 2018, to November 28, 2018, in violation of the Eighth Amendment, GRANTS Mr. Fingers leave to proceed against Correctional Officer Herrington and Counselor Price in their individual capacities for compensatory and punitive damages for harassing and threatening him so he would react in a way that would justify tasing him on January 29, 2019, in violation of the Eighth Amendment, DISMISSES all other claims, DISMISSES defendants Robert Carter, Jr., Angle, Wendy Arnold, Buckner, Carter, J. Collingsworth, Dr. Dwenger, Gonzales, Hawk, Hienshaw, Dr. Kardis, Lee, Mark Levenhagen, Morson, Shawna Morson, Owens, J. Querry, Rentschler, C. Sanford, Tucker and Dushan Zatecky, DENIES the request for preliminary injunctive relief ECF #3 , DIRECTS, pursuant to 28 U.S.C. 1915(d), the clerk and the United States Marshals Service to issue and serve process on Warden William Hyatte, Nurse Courtney Bridenthall, Sgt. S. Kendall, Counselor J. Koons, Sgt. Miller, Ms. Gibbs, Ms. Overholser, Ms. Devore, Dr. Pental, Correctional Officer Herrington and Counselor Price at the Indiana Department of Correction with a copy of this order and the complaint ECF #3 , ORDERS Warden William Hyatte to file and serve by 8/1/19 a report (with supporting medical documentation as necessary) describing the mental health of Derek D. Fingers, IDOC # 951762, his housing conditions, and what mental health treatment he is currently being provided and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Warden William Hyatte, Nurse Courtney Bridenthall, Sgt. S. Kendall, Counselor J. Koons, Sgt.Miller, Ms. Gibbs, Ms. Overholser, Ms. Devore, Dr. Pental, Correctional Officer Herrington and Counselor Price 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 Robert L Miller, Jr on 7/17/19. (Copy mailed to pro se party). (nal)
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Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (New Case) (REQUEST FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER) (sct)
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Filing 2
NOTICE of Appearance by Amanda E Fiorini on behalf of Nathanael Angle, Roy Buckner, Robert Carter, Jr, James Collingsworth, Sharon Hawk, Brady Herrington, Vedora Hinshaw, William Hyatte, Serena Kendall, Jessica Koons, Mark Levenhagen, Matthew Morson, Shawna Morson, Kenneth Owens, Steven Price, Joshua Querry, George Rentschler, Danny Tucker, Dushan Zatecky (Fiorini, Amanda)
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Filing 1
NOTICE OF REMOVAL (Filing fee $ 400 receipt number 0755-3946060.) from Miami Circuit, Cause No. 52C01-1906-PL-000555, filed by Dushan Zatecky, Danny Tucker, Mark Levenhagen, Kenneth Owens, Robert Carter, Jr, Serena Kendall, George Rentschler, William Hyatte, Steven Price, Brady Herrington, Shawna Morson, Sharon Hawk, Matthew Morson, Joshua Querry, Roy Buckner, Nathanael Angle, Vedora Hinshaw, James Collingsworth, Jessica Koons. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet Attachment, #3 Exhibit A: State Complaint, #4 Exhibit B: Summons, #5 Exhibit C: State Appearance, #6 Exhibit D: State CCS)(Fiorini, Amanda)
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