Justise v. Myers et al
Plaintiff: Charles E Justise, Sr
Defendant: Kimberly Myers, Licensed Dietition, Michael Mitcheff, Kim Myers, Nancy Marthakis, Scott Kenworthy, Sherry Fritter, Vern Fanning, Kunezli, Ellis and Warden
Not Classified By Court: MIAMI E-FILE(Court Use Only)
Case Number: 3:2020cv00514
Filed: June 19, 2020
Court: US District Court for the Northern District of Indiana
Presiding Judge: Michael G Gotsch
Referring Judge: Damon R Leichty
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on July 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 17, 2020 Opinion or Order Filing 17 MOTION for Extension of Time to File Reply as to #2 MOTION for Preliminary Injunction by Plaintiff Charles E Justise, Sr. (jld)
August 6, 2020 Opinion or Order Filing 16 ANSWER to Complaint by Warden.(Rose, Archer)
July 24, 2020 Opinion or Order Filing 15 NOTICE of Appearance by Thomas J Flynn on behalf of Warden (Flynn, Thomas)
July 24, 2020 Opinion or Order Filing 13 RESPONSE IN OPPOSITION to Motion re #2 MOTION for Preliminary Injunction filed by Warden. (Attachments: #1 Exhibit Exhibit 1 - Motion for Temporary Restraining Order/Preliminary Injunction, #2 Exhibit Exhibit 2 - Brief in Support of Motion for Temporary Restraining Order/Preliminary Injunction, #3 Exhibit Exhibit 3 - Defendant's Response to Plaintiff's Motion for Preliminary Injunction and Leave to File Amended Complaint, #4 Exhibit Exhibit 4 - Affidavit of Nancy Marthakis, M.D., #5 Exhibit Exhibit 5 - Exhibit of Kimberly Myers, N.P., #6 Exhibit Exhibit 6 - Order Denying Plaintiff's Motion for Temporary Restraining Order, #7 Exhibit Exhibit 7 - Complaint filed June 4, 2018, #8 Exhibit Exhibit 8 - Motion to Dismiss without Prejudice, #9 Exhibit Exhibit 9 - Order Granting Motion to Dismiss, #10 Exhibit Exhibit 10 - Declaration of Carl Kuenzli, M.D., #11 Exhibit Exhibit 11 - Nurse visit record dated June 29, 2019, #12 Exhibit Exhibit 12 - Chart update record dated July 17, 2019, #13 Exhibit Exhibit 13 - Chronic care visit record dated July 29, 2019, #14 Exhibit Exhibit 14 - Chronic care visit record dated August 15, 2019, #15 Exhibit Exhibit 15 - Chronic care visit record dated October 10, 2019, #16 Exhibit Exhibit 16 - Medical diet order dated October 15, 2019, #17 Exhibit Exhibit 17 - Formulary exception request dated January 24, 2020, #18 Exhibit Exhibit 18 - Provider visit record dated February 28, 2020, #19 Exhibit Exhibit 19 - Provider visit record dated April 13, 2020, #20 Exhibit Exhibit 20 - Chart update record dated April 14, 2020, #21 Exhibit Exhibit 21 - Chronic care visit record dated April 16, 2020, #22 Exhibit Exhibit 22 - Chronic care visit record dated May 13, 2020, #23 Exhibit Exhibit 23 - Chronic care visit record dated June 17, 2020, #24 Exhibit Exhibit 24 - Declaration of Lynette Lees, RN)(Rose, Archer) Modified on 7/27/2020 to update docket text of title (shk).
July 23, 2020 Opinion or Order Filing 14 SUMMONS Returned Executed by USMS obo Charles E. Justise, Sr. Warden served on 7/20/2020, answer due 8/10/2020. (kms)
July 22, 2020 Opinion or Order ***Waiver of Service Deadline terminated. (nal)
July 21, 2020 Opinion or Order Filing 12 WAIVER OF SERVICE Returned Executed by Warden. Warden waiver sent on 6/26/2020, answer due 8/25/2020. (Rose, Archer)
July 13, 2020 Opinion or Order Filing 11 NOTICE of Appearance by Archer Riddick R Rose, Jr on behalf of Warden (Rose, Archer)
July 13, 2020 Opinion or Order Filing 10 Summons Issued as to Warden. 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)
July 7, 2020 Opinion or Order Filing 9 Initial Filing fee: $29.03, receipt number 3025008 (rmc)
June 30, 2020 Opinion or Order Filing 8 Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Charles E Justise, Sr. 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)
June 26, 2020 Opinion or Order Filing 7 ORDER GRANTING #3 MOTION for Leave to Proceed in forma pauperis; ORDERING the Plaintiff to immediately pay $29.03 to the clerk in payment of the initial partial filing fee; ORDERING the 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 Damon R Leichty on 6/26/2020. (Copy mailed to pro se party and as directed in Order)(bas)
June 26, 2020 Opinion or Order Filing 6 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden of the Miami Correctional Facility. (Copy mailed as directed in Order) Waiver of Service due by 7/27/2020. (Attachments: #1 Opinion and Order, #2 Complaint, #3 Preliminary Injunction Motion) (lhc)
June 25, 2020 Opinion or Order Filing 5 OPINION AND ORDER: The Court GRANTS Mr. Justise leave to proceed against the Warden of the Miami Correctional Facility on an Eighth Amendment claim to obtain permanent injunctive relief related to his claims that he has been deprived of constitutionally adequate medical care in that: a. he is allegedly prescribed medications to which he is allergic and that have failed to manage his blood sugar; and b. he is allegedly not provided adequate diet for his diabetic condition; DISMISSES all other claims; DISMISSES Kimberly Myers, Dr. Kunezli, Dr. Nancy Marthakis, Vern Fanning, Sherry Fritter, Dr. Michael Mitcheff, Ms. Ellis, Licensed Dietitian, and Scott Kenworth; DIRECTS the Clerk to ADD the Warden of the Miami Correctional Facility as the Defendant; DIRECTS the Clerk to request Waiver of Service from the Warden of the Miami Correctional Facility by email to the Indiana Department of Correction with a copy of this order, the complaint #1 , and the motion for a preliminary injunction and memorandum in support #2 & #3 pursuant to 28 U.S.C. 1915(d); DIRECTS the Clerk to fax or email a copy of the same documents to the Warden of the Miami Correctional Faculty; DIRECTS the United States Marshals Service to serve process pursuant to 28 U.S.C. 1915(d) on the Warden of the Miami Correctional Facility by July 20, 2020, if an appearance has notbeen filed by July 10, 2020; and ORDERS the Warden of the Miami Correctional Facility to file and serve a response to the motion for a preliminary injunction as soon as possible but not later than July 27, 2020, with supporting medical documentation and declarations from staff as necessary, addressing: a. the status of the plaintiff's diabetes treatment; b. the medications plaintiff is currently prescribed; c. whether plaintiff is allergic to the prescribed medications and, if so, the severity of any such allergies; d. whether plaintiff suffers drug intolerance for prescribed medications; e. whether plaintiff's blood sugar is properly controlled; f. prescribed future course of treatment, if any; and g. whether plaintiff has been prescribed medical diet, and whether he is getting such diet. Signed by Judge Damon R Leichty on 6/25/2020. (Copy mailed as directed in Order)(lhc)
June 24, 2020 Opinion or Order Filing 4 Prisoner Trust Fund Account Statement by Charles E Justise, Sr. (nae)
June 19, 2020 Opinion or Order Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Charles E Justise, Sr. (nae)
June 19, 2020 Opinion or Order Filing 2 MOTION for Preliminary Injunction by Plaintiff Charles E Justise, Sr. (Attachments: #1 Brief in Support of Motion for Preliminary Injunction, #2 Exhibits)(nae)
June 19, 2020 Opinion or Order Filing 1 PRO SE COMPLAINT against Ellis, Vern Fanning, Sherry Fritter, Scott Kenworthy, Kunezli, Licensed Dietition, Nancy Marthakis, Michael Mitcheff, Kimberly Myers, filed by Charles E Justise, Sr. (Returned file copy with case number to Justise)(nae)

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Defendant: Kimberly Myers
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Defendant: Licensed Dietition
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Defendant: Michael Mitcheff
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Defendant: Kim Myers
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Defendant: Nancy Marthakis
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Defendant: Scott Kenworthy
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Defendant: Sherry Fritter
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Defendant: Vern Fanning
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Defendant: Kunezli
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Defendant: Ellis
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Defendant: Warden
Represented By: Thomas J Flynn
Represented By: Archer Riddick R Rose, Jr
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Plaintiff: Charles E Justise, Sr
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