Ryan v. LaPorte County Jail et al
| Kevin Ryan and Kevin Donald Ryan |
| LaPorte County Jail, Dr. Tchettchat and Quality Correctional Care LLC |
| 3:2019cv00782 |
| September 20, 2019 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 13 PROOF OF SERVICE as to #4 Order Dismissing Case and #5 Clerks Judgment. (nal) |
| Filing 12 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Dr. Tchetthcat and Quality Correctional Care, LLC. (Copy mailed to defendants). Waiver of Service due by 12/2/2019. (Attachments: #1 Order, #2 Complaint) (nal) |
Filing 11
OPINION AND ORDER: The Court GRANTS Kevin Ryan leave to proceed against Dr. Tchetthcat for compensatory and punitive damages for cancelling his medications in May 2019 without examining him or individually reviewing his medical condition in violation the Fourteenth Amendment because doing so was not rationally related to a legitimate nonpunitive governmental purpose or was excessive in relation to a legitimate purpose, GRANTS Kevin Ryan leave to proceed against Dr. Tchetthcat for compensatory and punitive damages for refusing to examine or treat him for depression, anxiety, sleeplessness, suicidal ideations, or physical pain from sciatic nerve damage in violation the Fourteenth Amendment because doing so was no rationally related to a legitimate nonpunitive governmental purpose or was excessive in relation to a legitimate purpose, GRANTS Kevin Ryan leave to proceed against Quality Correctional Care, LLC, for compensatory and punitive damages for enforcing a policy or practice in May 2019 which resulted the cancellation of his medications without an individual medical review by a physician in violation of the Fourteenth Amendment, DISMISSES all other claims, DISMISSES LaPorte County Jail, DIRECTS the clerk and the United States Marshals Service, as required by 28 U.S.C. 1915(d), to issue and serve process with a copy of this order and the Amended Complaint ECF #7 on Dr. Tchetthcat at the LaPorte County Jail and Quality Correctional Care, LLC, at 12900 N. Meridian St., Suite 140, Carmel, IN 46032 and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Dr. Tchetthcat and Quality Correctional Care, LLC, 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 Jon E DeGuilio on 10/30/19. (Copy mailed to pro se party). (nal)
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Filing 10
ORDER: The Court GRANTS the plaintiff leave to proceed in forma pauperis ECF #8 , ORDERS the plaintiff, Kevin Ryan, IDOC # 172105, LaPorte County Jail #20130809, to immediately pay (and the facility having custody to automatically remit) $5.00 to the clerk in payment of the initial partial filing fee, ORDERS the plaintiff to pay (and the facility having custody to automatically remit) to the clerk 20% of the money received for each calendar month during which $10.00 or more is received until the $350.00 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 theplaintiff is housed until the filing fee has been paid in full. Signed by Judge Jon E DeGuilio on 10/29/19. (Copy mailed as directed in Order). (nal)
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Filing 9
ORDER granting #6 Motion for Extension of Time to File a Claim. The dismissal order and judgment ECF #4 and #5 are VACATED. Signed by Judge Jon E DeGuilio on 10/28/19. (Copy mailed to pro se party). (nal)
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| Filing 8 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Kevin Ryan. (nae) |
| Filing 7 AMENDED COMPLAINT against LaPorte County Jail, Quality Correctional Care LLC, Dr. Tchettchat, filed by Kevin Ryan.(nae) |
| Filing 6 Request for Extension of Time to File Claim by Plaintiff Kevin Ryan. (jld) |
| Filing 5 *Vacated* CLERK'S ENTRY OF JUDGMENT. (Copy mailed to pro se party - certified # 7099 3400 0003 4516 4467). (nal) Modified on 10/29/2019 to vacate per #9 order. (nal) |
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Filing 4
*Vacated* ORDER: This case is DISMISSED and the filing fee is WAIVED. Signed by Judge Jon E DeGuilio on 10/17/19. (Copy mailed to pro se party - certified # 7099 3400 0003 4516 4467). (nal) Modified on 10/29/2019 to vacate per #9 order. (nal)
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Filing 3
ORDER: The Court DIRECTS the clerk to place this cause number on a blank Prisoner Complaint (INND Rev. 816) form and a blank AO 240 (Rev. 7/10) (INND Rev. 8/16) Prisoner Motion to Proceed In Forma Pauperis form and send them to Ryan. The Court GRANTS Ryan until 10/16/2019 to file a complaint on that form, resolve his filing fee status, and CAUTIONS Ryan if he does not respond by the deadline, this case will be dismissed without further notice. Signed by Judge Jon E DeGuilio on 09/23/2019. (Copy mailed as directed in Order) (jat)
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Filing 2
OPINION AND ORDER re #1 Pro Se Complaint: DENIES the request to proceed as a class action; DISMISSES Kevin Ryan, Bryan Lumpp, Brandon Summerlin, Blake Amor, Blake Brown, Kevin Crabb, Brad Eldridge, Michael Udrow, Brandon Bernacchi, Robert Wisniewski, Ben Heimann, Marty Tindle, Jeremy Henstrom, Kevin Coburn, Tylar Webber, Daniel Boush, Charles Scott, Bryce Bernacchi, Gregory Gilmore, Cody Bryant, Gyle DelRio, Alexa Marie Murphy, Angela Oday, Seven Albin, Tiffany Coates, Odessa Campbell, Ashley Wyse, Ashley Arndt, Michelle Flores, Joy Naomi Feare, Dawn Reed, Madison Klabinski, Brighton Klabinski, Ashley Marshall, Judy Wilke, Madison Kobolt, Tara Smith, Paige Findley, Sam Ford, Brittany Lawson, and Pre-trial Detainees of LaPorte County Jail in case 3:19-cv-765; DIRECTS the clerk to open a separate case for Kevin Ryan, Bryan Lumpp, Brandon Summerlin, Blake Amor, Blake Brown, Kevin Crabb, Brad Eldridge, Michael Udrow, Brandon Bernacchi, Robert Wisniewski, Ben Heimann, Marty Tindle, Jeremy Henstrom, Kevin Coburn, Tylar Webber, Daniel Boush, Charles Scott, Bryce Bernacchi, Gregory Gilmore, Cody Bryant, Gyle DelRio, Alexa Marie Murphy, Angela Oday, Seven Albin, Tiffany Coates, Odessa Campbell, Ashley Wyse, Ashley Arndt, Michelle Flores, Joy Naomi Feare, Dawn Reed, Madison Klabinski, Brighton Klabinski, Ashley Marshall, Judy Wilke, Madison Kobolt, Tara Smith, Paige Findley, Sam Ford, and Brittany Lawson, with the complaint from this case (ECF 1 ) and a copy of this order; and DIRECTS the clerk to directly assign these related, newly opened cases pursuant to N.D. Ind. L.R. 40-1(e). Signed by Judge Jon E DeGuilio on 9/20/2019. (Copy mailed to pro se party)(nae)
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| Filing 1 PRO SE COMPLAINT against LaPorte County Jail, Quality Correctional Care LLC, Dr. Tchettchat.(nae) (Returned file stamped copy with case number to plaintiff)(No filing fee or IFP received) |
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