Bean v. Marthakis et al

Bean v. Marthakis et al

Case Number:	3:2020cv00552
Filed:	July 27, 2020
Court:	US District Court for the Northern District of Indiana
Office:	South Bend Office
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights

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Date Filed	Document Text
October 29, 2021	Filing 114 OPINION AND ORDER: The court GRANTS the defendants'summary judgment motion 94 and DIRECTS the clerk to enter judgment in favor of the defendants and against Joshua Bean. Signed by Judge Damon R Leichty on 10/29/2021. (bas)
July 27, 2020	Filing 7 OPINION AND ORDER GRANTING Joshua Bean leave to proceed against Carl Kuenzli in his individual capacity for compensatory and punitive damages for allegedly violating the Eighth Amendment from April until July/August 2018, by preventing him from obta ining tramadol even though it was the only effective medication to treat his pain; GRANTING Joshua Bean leave to proceed against Michael Mitcheff in his individual capacity for compensatory and punitive damages for allegedly violating the Eighth Ame ndment from July/August 2018 to present by preventing him from obtaining tramadol even though it is the only effective medication to treat his pain; GRANTING Joshua Bean leave to proceed against Wexford of Indiana, LLC, for compensatory and punitive damages for its policy and practice of allegedly violating the Eighth Amendment by not permitting tramadol from being purchased even though it is medically necessary because there was and is no effective, alternative treatment; GRANTING Joshua Bean leave to proceed against Wexford of Indiana, LLC, for permanent injunctive relief to obtain tramadol if prescribed by a physician if it is medically necessary because there is no effective, alternative treatment; DISMISSING all other claims; DISMISS ING Nancy Marthakis and Diane Thews; and ORDERS, pursuant to 42 U.S.C. § 1997e(g)(2), Carl Kuenzli, Michael Mitcheff, and Wexford of Indiana, 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 Damon R Leichty on 7/27/2020. (mrm)

Date Filed

Document Text

October 29, 2021

Filing 114 OPINION AND ORDER: The court GRANTS the defendants'summary judgment motion 94 and DIRECTS the clerk to enter judgment in favor of the defendants and against Joshua Bean. Signed by Judge Damon R Leichty on 10/29/2021. (bas)

July 27, 2020

Filing 7 OPINION AND ORDER GRANTING Joshua Bean leave to proceed against Carl Kuenzli in his individual capacity for compensatory and punitive damages for allegedly violating the Eighth Amendment from April until July/August 2018, by preventing him from obta ining tramadol even though it was the only effective medication to treat his pain; GRANTING Joshua Bean leave to proceed against Michael Mitcheff in his individual capacity for compensatory and punitive damages for allegedly violating the Eighth Ame ndment from July/August 2018 to present by preventing him from obtaining tramadol even though it is the only effective medication to treat his pain; GRANTING Joshua Bean leave to proceed against Wexford of Indiana, LLC, for compensatory and punitive damages for its policy and practice of allegedly violating the Eighth Amendment by not permitting tramadol from being purchased even though it is medically necessary because there was and is no effective, alternative treatment; GRANTING Joshua Bean leave to proceed against Wexford of Indiana, LLC, for permanent injunctive relief to obtain tramadol if prescribed by a physician if it is medically necessary because there is no effective, alternative treatment; DISMISSING all other claims; DISMISS ING Nancy Marthakis and Diane Thews; and ORDERS, pursuant to 42 U.S.C. § 1997e(g)(2), Carl Kuenzli, Michael Mitcheff, and Wexford of Indiana, 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 Damon R Leichty on 7/27/2020. (mrm)

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