Huspon v. Fritter et al
| James Huspon |
| Sherri Fritter, Nancy B Marthakis, Ashley Burnham and Warden |
| INDIANA STATE PRISON E-FILE (Court Use Only) |
| 3:2020cv00065 |
| January 14, 2020 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Philip P Simon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on March 10, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 Letter from James Huspon notifying the court of time scheduled out to court (nae) |
Filing 16
OPINION AND ORDER re #2 Pro Se Complaint. The request for preliminary injunctive relief is DENIED. SO ORDERED by Judge Philip P Simon on 2/24/2020. (tlr)
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| Filing 15 REPLY to #13 Response to Preliminary Injunction re: #2 Pro Se Complaint by James Huspon titled as Response to Defendants Motion to Dismiss. (nae) |
| Filing 14 FINAL PAYMENT FROM PRISONER James Huspon. Letter sent to Warden of prison. (rmc) |
| Filing 13 RESPONSE IN OPPOSITION TO PLAINTIFF'S REQUEST FOR PRELIMINARY INJUNCTION by Warden to #2 Pro Se Complaint . (Attachments: #1 Exhibit A) Warden Neal Declaration, #2 Exhibit A-1) Relevant Medical Records, #3 Exhibit A-2) Wheelchair Work Order)(Shores, Sarah) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Ashley Burnham, Sherri Fritter, Nancy B Marthakis. Ashley Burnham waiver sent on 1/24/2020, answer due 3/24/2020; Sherri Fritter waiver sent on 1/24/2020, answer due 3/24/2020; Nancy B Marthakis waiver sent on 1/24/2020, answer due 3/24/2020. (VanTyle, Emily) |
| Filing 11 NOTICE of Appearance by Emily K VanTyle on behalf of Ashley Burnham, Sherri Fritter, Nancy B Marthakis (VanTyle, Emily) |
| Filing 10 NOTICE of Appearance by Heather T Gilbert on behalf of Ashley Burnham, Sherri Fritter, Nancy B Marthakis (Gilbert, Heather) |
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Filing 9
ORDER: The court DIRECTS the clerk to edit #6 to indicate it is a Notice Of Voluntary Dismissal Of Claim Against Dr. Nancy B. Marthakis For Cancelling Pain Medication, and CLARIFIES that James Huspon is now proceeding against Dr. Nancy B. Marthakis in her individual capacity for compensatory and punitive damages ONLY for denying him medical treatment for his arm on 6/25/2019 and 7/19/2019, in violation of the Eighth Amendment. Signed by Judge Philip P Simon on 2/5/2020. (shk)
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| Filing 8 WAIVER OF SERVICE Returned Executed by Warden. Warden waiver sent on 1/24/2020, answer due 3/24/2020. (Shores, Sarah) |
| Filing 7 NOTICE of Appearance by Sarah J Shores on behalf of Warden (Shores, Sarah) |
| Filing 6 NOTICE of Voluntary Dismissal of Claim against Dr. Nancy B. Marthakis by James Huspon (Attachments: #1 Exhibits, #2 Copy of Order DE #3 )(nae) Modified on 2/5/2020 pursuant to #9 Order (shk). |
| Filing 5 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Sherri Fritter, Ashley Burnham, Dr. Nancy B. Marthakis, Indiana State Prison Warden. (Copy mailed as directed in Order) Waiver of Service due by 2/24/2020. (Attachments: #1 Opinion and Order, #2 Complaint) (lhc) |
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Filing 4
OPINION AND ORDER: The Court GRANTS James Huspon leave to proceed against Sherri Fritter and Ashley Burnham in their individual capacities for compensatory and punitive damages for being deliberately indifferent to his broken wheelchair from December 7, 2018, to May 26, 2019, resulting in his being seriously injured in violation of the Eighth Amendment; GRANTS leave to proceed against Sherri Fritter and Ashley Burnham in their individual capacities for compensatory and punitive damages for denying him necessary medical supplies for his incontinence on several occasions in violation of the Eighth Amendment; GRANTS leave to proceed against Sherri Fritter and Ashley Burnham in their individual capacities for compensatory and punitive damages for retaliating against him for filing grievances by providing him with inferior quality medical products for his incontinence on several occasions in violation of the First Amendment; GRANTS leave to proceed against Dr. Nancy B. Marthakis in her individual capacity for compensatory and punitive damages for denying him medical treatment for his arm on June 25, 2019, and July 19, 2019, as well as later cancelling his pain medication in violation of the Eighth Amendment; DIRECTS the clerk to add the Indiana State Prison Warden as a defendant; GRANTS leave to proceed against the Indiana State Prison Warden in his official capacity for injunctive relief to repair his wheelchair and to receive medical treatment for his arm as required by the Eighth Amendment; DISMISSES all other claims; DIRECTS the clerk to request Waiver of Service from (and if necessary the USMS to serve process on) Sherri Fritter, Ashley Burnham, and Dr. Nancy B. Marthakis at Wexford of Indiana, LLC, with a copy of this order and the complaint, pursuant to 28 U.S.C. 1915(d); DIRECTS the clerk to request Waiver of Service (and the USMS to serve process if necessary) on the Indiana State Prison Warden at the Indiana Department of Correction with a copy of this order and the complaint, pursuant to 28 U.S.C. 1915(d); ORDERS the Indiana Department of Correction and Wexford of Indiana, LLC, to provide the US States Marshal Service with the full name, date of birth, social security number, last employment date, work location, and last known home address of any defendant who does not waive service; ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Sherri Fritter, Ashley Burnham, Dr. Nancy B. Marthakis, and the Indiana State Prison Warden 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; and ORDERS the Indiana State Prison Warden to respond to the request for preliminary injunctive relief with a declaration and supporting documentation as necessary by 2/13/2020, explaining how James Huspon is being provided with asafe wheelchair and receiving medical treatment for his arm as required by the Eighth Amendment. Signed by Judge Philip P Simon on 1/23/2020. (lhc)
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Filing 3
ORDER: The Court GRANTS the plaintiff leave to proceed in forma pauperis; WAIVES the initial partial filing fee; ORDERS the plaintiff, James Huspon, IDOC # 870574, 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 the plaintiff is housed until the filing fee has been paid in full. Signed by Judge Philip P Simon on 1/22/20. (Copy mailed as directed in Order)(ksp)
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| Filing 2 PRO SE COMPLAINT against Ashley Burnham, Sherri Fritter, Nancy B Marthakis, filed by James Huspon. (No filing fee or ISP received) (Attachments: #1 Exhibits)(nae) |
| Filing 1 Consent to Receipt of Documents Through Prisoner Electronic Filing Program by James Huspon. Pursuant to General Order 2018-1, documents submitted to the court for filing will generate a Notice of Electronic Filing that will constitute official service upon registered users of CM/ECF. If any parties to the case are not registered CM/ECF users, the Clerk of the Court will mail the document via U.S. Postal Service on behalf of the inmate. NOTE: The E-Filing Program does not affect the obligation of other parties to serve copies of documents in accordance with the Federal Rules of Civil Procedure. (nae) |
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