Martin v. Wexford Health of Indiana et al
| Anthony C Martin |
| Liawo, Ronda, Davenport, Reebeck, Wexford Health of Indiana, Rick Usdoski, J Harvill, G Lewis, Josh Keuiper, Monica Walla, R Carter, Nurse Purdue, D Livers and J Gailpeau |
| 3:2020cv00119 |
| February 6, 2020 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 23 WAIVER OF SERVICE Returned Executed by Rick Usdoski. (Zimmerman, Jarod) |
| Filing 22 NOTICE of Appearance by Douglass R Bitner on behalf of Ronda (Bitner, Douglass) |
| Filing 21 WAIVER OF SERVICE Returned Executed by Ronda. Ronda waiver sent on 3/6/2020, answer due 5/5/2020. (Zimmerman, Jarod) |
| Filing 20 NOTICE of Appearance by Jarod M Zimmerman on behalf of Ronda (Zimmerman, Jarod) |
| Filing 19 NOTICE of Appearance by Douglass R Bitner on behalf of Josh Keuiper, D Livers, Nurse Purdue, Reebeck, Rick Usdoski, Monica Walla (Bitner, Douglass) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Monica Walla. Monica Walla waiver sent on 3/6/2020, answer due 5/5/2020. (Zimmerman, Jarod) |
| Filing 17 **Wrong document attached. See #23 for correct entry** WAIVER OF SERVICE Returned Executed by Rick Usdoski. Rick Usdoski waiver sent on 3/6/2020, answer due 5/5/2020. (Zimmerman, Jarod) Modified on 4/2/2020 (jld). |
| Filing 16 WAIVER OF SERVICE Returned Executed by Reebeck. Reebeck waiver sent on 3/6/2020, answer due 5/5/2020. (Zimmerman, Jarod) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Nurse Purdue. Nurse Purdue waiver sent on 3/6/2020, answer due 5/5/2020. (Zimmerman, Jarod) |
| Filing 14 WAIVER OF SERVICE Returned Executed by D Livers. D Livers waiver sent on 3/6/2000, answer due 5/5/2000. (Zimmerman, Jarod) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Josh Keuiper. Josh Keuiper waiver sent on 3/6/2020, answer due 5/5/2020. (Zimmerman, Jarod) |
| Filing 12 NOTICE of Appearance by Jarod M Zimmerman on behalf of Josh Keuiper, D Livers, Nurse Purdue, Reebeck, Rick Usdoski, Monica Walla (Zimmerman, Jarod) |
| Filing 11 RESPONSE to Motion re #3 MOTION for Preliminary Injunction filed by J Gailpeau, G Lewis. (Attachments: #1 Exhibit A- Declaration of John Hicks, #2 Exhibit B - Martin Medical Packet 9.24.18-4.24.19)(Handley, Jane) |
| Filing 10 NOTICE of Appearance by Jane J Handley on behalf of J Gailpeau, G Lewis (Handley, Jane) |
| Filing 9 Summons Issued as to J Gailpeau. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (cc: USMS) (lhc) |
| Filing 8 NOTICE of Change of Address by Anthony C Martin from Westville Correctional Facility to Wabash Valley Correctional Facility (Resent Order DE #5 to Wabash Valley address)(nae) |
| Filing 7 Letter from Anthony Martin requesting service address for Wexford Medical Services. (jld) |
| Filing 6 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden Gailpeau, Captain G. Lewis, Nurse Josh Keuiper, HSA D. Livers, D.O.N. Reebeck, Nurse Purdue, MHP Rick Usdoski, Nurse Ronda, MHP Monica Walla. (Copy mailed as directed in Order) Waiver of Service due by 4/6/2020. (Attachments: #1 Opinion and Order, #2 Complaint, #3 Motion for Preliminary Injunction) (lhc) |
Filing 5
OPINION AND ORDER: The Court GRANTS Anthony C. Martin leave to proceed against Captain G. Lewis in his individual capacity for compensatory and punitive damages for intentionally taking his prescribed shoulder sling and eyeglasses from him on August 28, 2019, in violation of the Eighth Amendment; GRANTS leave to proceed against Captain G. Lewis and Nurse Josh Keuiper in their individual capacities for compensatory and punitive damages for denying him mental health treatment for a panic attack on September 9, 2019, in violation of the Eighth Amendment; GRANTS leave to proceed against HSA D. Livers and D.O.N. Reebeck in their individual capacities for compensatory and punitive damages for denying him medical care for his reaction to receiving the wrong medication on September 10, 2019, in violation of the Eighth Amendment; GRANTS leave to proceed against Warden Gailpeau, Captain G. Lewis and Nurse Purdue in their individual capacities for compensatory and punitive damages for denying him medical care after his hand was smashed in his cell's food slot on October 18, 2019, in violation of the Eighth Amendment; GRANTS leave to proceed against Warden Gailpeau and Captain G. Lewis in their individual capacities for compensatory and punitive damages for retaliating against him, after he filed a grievance, by placing him in a cell for more than 10 days with no clothes where freezing cold air blew on him causing him serious injury on October 18, 2019, in violation of the First Amendment; GRANTS leave to proceed against MHP Rick Usdoski in his individual capacity for compensatory and punitive damages for denying him mental health treatment in December 2019, in violation of the Eighth Amendment; GRANTS leave to proceed against Nurse Ronda in her individual capacity for compensatory and punitive damages for denying him medical treatment after the December 19, 2019, assault, in violation of the Eighth Amendment; GRANTS leave to proceed against MHP Monica Walla in her individual capacity for compensatory and punitive damages for denying him mental health services from December 23, 2019, through January 4, 2020, in violation of the Eighth Amendment; GRANTS leave to proceed against Warden Gailpeau at the Westville Correctional Facility in his official capacity for injunctive relief to provide him with constitutionally adequate medical care for his shoulder, eye, hand, neck, and throat injuries as well as his migraine headaches and mental healthcare needs, as required by the Eighth Amendment; DISMISSES all other claims; DISMISSES Wexford Health of Indiana, Dr. Liawo, Nurse Davenport, Commissioner R. Carter, and J. Harvill; DIRECTS the clerk to request Waiver of Service from Warden Gailpeau at the Westville Correctional Facility by email to the Indiana Department of Correction with a copy of this order, the complaint #1 and motion for preliminary injunction #3 , pursuant to 28 U.S.C. 1915(d); DIRECTS the clerk to fax or email a copy of the same documents to Warden Gailpeau at the Westville Correctional Facility; DIRECTS the United States Marshals Service to serve process pursuant to 28 U.S.C. 1915(d) on Warden Gailpeau at the Westville Correctional Facility by 3/18/2020, if an entry of appearance has not been entered by 3/11/2020; ORDERS Warden Gailpeau at the Westville Correctional Facility to file and serve a response to the motion for preliminary injunction as soon as possible but no later than 3/24/2020, with supporting medical documentation and declarations from other staff, as necessary, explaining how Anthony C. Martin is receiving constitutionally adequate medical care for his shoulder, eye, hand, neck, and throat injuries as well as his migraine headaches and mental healthcare needs, as required by the Eighth Amendment; DIRECTS the clerk to request Waiver of Service from (and if necessary, the United States Marshals Service to serve process on) Captain G. Lewis at the Indiana Department of Correction with a copy of this order, and the complaint #1 , pursuant to 28 U.S.C. 1915(d); DIRECTS the clerk to request Waiver of Service from (and if necessary, the United States Marshals Service to serve process on) Nurse Josh Keuiper, HSA D. Livers, D.O.N. Reebeck, Nurse Purdue, MHP Rick Usdoski, Nurse Ronda, and MHP Monica Walla at Wexford Health of Indiana with a copy of this order, and the complaint #1 , pursuant to 28 U.S.C. 1915(d); ORDERS the Indiana Department of Correction and Wexford Health of Indiana to provide the United 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 if it has such information; and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), that Captain G. Lewis, Nurse Josh Keuiper, HSA D. Livers, D.O.N. Reebeck, Warden Gailpeau, Nurse Purdue, MHP Rick Usdoski, Nurse Ronda, and MHP Monica Walla 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 3/5/2020. (Copy mailed as directed in Order)(lhc)
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Filing 4
ORDER GRANTING #2 MOTION for Leave to Proceed in forma pauperis; WAIVES the initial partial filing fee; ORDERING Plaintiff to pay 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; and DIRECTING the clerk to create a ledger for receipt of these funds and 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 Jon E DeGuilio on 2/12/2020. (Copy mailed as directed in Order)(mrm)
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| Filing 3 MOTION for Preliminary Injunction by Plaintiff Anthony C Martin. (nae) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Anthony C Martin. (nae) |
| Filing 1 PRO SE COMPLAINT with Jury Demand against R Carter, Davenport, J Gailpeau, J Harvill, Josh Keuiper, G Lewis, Liawo, D Livers, Nurse Purdue, Reebeck, Ronda, Rick Usdoski, Monica Walla, Wexford Health of Indiana, filed by Anthony C Martin.(Returned file stamped copy with case number to Martin) (Attachments: #1 Envelope)(nae) |
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