Fultz v. Pearcy et al
| 3:2020cv00259 |
| April 1, 2021 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
82
OPINION AND ORDER granting 69 Motion for Summary Judgment. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/27/23. (nal)
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Filing
42
OPINION AND ORDER: The court DENIES the defendants' summary judgment motion 34 and DENIES AS MOOT the defendants' motion to strike Mr. Fultz's surreply 40 . Signed by Judge Damon R Leichty on 5/3/22. (Copy mailed to pro se party). (nhc)
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Filing
25
OPINION AND ORDER GRANTING 19 MOTION for Reconsideration re 9 Opinion and Order, SCREENING COMPLAINT by Defendant John R Harvil; AMENDING the screening order 9 to reflect that Mr. Fultz is proceeding only against Grievance Specialist Mr. T. Cambe, Grievance Specialist John R. Harvil, and Administrative Assistant Mr. D. Leonard in their individual capacities for nominal, compensatory, and punitive damages for taking no action to assist in obtaining necessary dental care for Mr. Fultz despite knowledge that he was suffering from serious dental pain and had not yet been evaluated by any medical staff, in violation of the Eighth Amendment. Signed by Judge Damon R Leichty on 10/29/2021. (Copy mailed to pro se party)(lhc)
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Filing
9
OPINION AND ORDER: The court GRANTS Michael Fultz leave to proceed against Grievance Specialist Mr. T. Cambe, Grievance Specialist John R. Harvil, and Administrative Assistant Mr. D. Leonard in their individual capacities for nominal, compensatory , and punitive damages for taking no action to assist in obtaining necessary dental care for Mr. Fultz despite knowledge that he was suffering from serious dental pain and had not yet been evaluated by any medical staff, in violation of the Eighth Amendment, and for the alleged intentional infliction of emotional distress claim; DISMISSES all other claims; DISMISSES Dentist Jeff Pearcy, Health Service Administrator DeAngela Lewis,Unit Team Manager John L. Salyer, Correctional Officer Capta in Smiley, Dental Assistant John Doe, Jane/John Doe #1, Jane/John Doe #2, Wexford of Indiana, LLC, and the State of Indiana; DIRECTS Michael Fultz to make arrangements to serve Grievance Specialist Mr. T. Cambe, Grievance Specialist John R. Harvil, and Administrative Assistant Mr. D. Leonard; and ORDERS, pursuant to 42 U.S.C. § 1997e(g)(2), Grievance Specialist Mr. T. Cambe, Grievance Specialist John R. Harvil, and Administrative Assistant Mr. D. Leonard to respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claim for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Damon R Leichty on 4/1/2021. (lhc)
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