Scroggin v. Wexford Health Sources Inc et al

Justia Dockets & Filings Seventh Circuit Indiana Northern District Scroggin v. Wexford Health Sources Inc et al

Scroggin v. Wexford Health Sources Inc et al

Case Number:	3:2020cv00664
Filed:	May 17, 2021
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
March 1, 2022	Filing 42 OPINION AND ORDER: The court GRANTS the defendants' motion for partial summary judgment 39 ; DISMISSES Nurse Purdue, Nurse Allen, and Warden Galipeau from this action; and REMINDS the parties this case is now proceeding only on Mr. Scroggins&# 039; remaining claim "against Nurse Atkinson in her individual capacity for compensatory and punitive damages for withholding pain medication from June 19- 21, 2020, without a medical reason in violation of the Eighth Amendment[.]" 11 at 11. Signed by Judge Robert L Miller, Jr on 03/01/2022. (jdb)
May 17, 2021	Filing 11 OPINION AND ORDER: The court GRANTS Brandon Lee Scroggin leave to proceed on a claim against Nurse Purdue in his individual capacity for compensatory and punitive damages for making Mr. Scroggin fill out a medical request on February 5, 2020, to r eceive medical care when he was unable to do so while on suicide watch in violation of the Eighth Amendment; GRANTS Brandon Lee Scroggin leave to proceed on a claim against Nurse Sandra Allen in her individual capacity for compensatory and punitive damages for the unanswered healthcare requests she accepted from Mr. Scroggin in March and May 2020 in violation of the Eighth Amendment; GRANTS Brandon Lee Scroggin leave to proceed on a claim against Nurse Atkinson in her individual capacity for compensatory and punitive damages for withholding pain medication from June 19-21, 2020, without a medical reason in violation of the Eighth Amendment; GRANTS Brandon Lee Scroggin leave to proceed against Warden Galipeau in his individual capacity for compensatory and punitive damages for being aware that Mr. Scroggin's serious medical needs in February and March 2020 were not being treated in violation of the Eighth Amendment; DISMISSES Wexford Health Services, Inc., Rebeck, Dorot hy Livers, Kline, and Unknown "African Guy Nurse;" DISMISSES all other claims; DIRECTS the clerk to request Waiver of Service from (and if necessary, the United States Marshals Service to use any lawful means to locate and serve process on) Nurse Sandra Allen, Nurse Purdue, and Nurse Atkinson at Wexford of Indiana, LLC, with a copy of this order and the complaint 2 , pursuant to 28 U.S.C. §1915(d); DIRECTS the clerk to request Waiver of Service from (and if necessary, the U nited States Marshals Service to use any lawful means to locate and serve process on) Warden Galipeau at the Indiana Department of Correction with a copy of this order and the complaint 2 , pursuant to 28 U.S.C. § 1915(d); ORDERS the Indiana D epartment of Correction and Wexford of Indiana, LLC, to provide the full name, date of birth, and last known home address of any defendant who does not waive service, if they have such information; and ORDERS, pursuant to 42 U.S.C. § 1997e(g)( 2), Warden Galipeau, Nurse Sandra Allen, Nurse Purdue, and Nurse Atkinson 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 Robert L Miller, Jr on 5/17/2021. (Copy mailed as directed in Order)(lhc)

Date Filed

Document Text

March 1, 2022

Filing 42 OPINION AND ORDER: The court GRANTS the defendants' motion for partial summary judgment 39 ; DISMISSES Nurse Purdue, Nurse Allen, and Warden Galipeau from this action; and REMINDS the parties this case is now proceeding only on Mr. Scroggins&# 039; remaining claim "against Nurse Atkinson in her individual capacity for compensatory and punitive damages for withholding pain medication from June 19- 21, 2020, without a medical reason in violation of the Eighth Amendment[.]" 11 at 11. Signed by Judge Robert L Miller, Jr on 03/01/2022. (jdb)

May 17, 2021

Filing 11 OPINION AND ORDER: The court GRANTS Brandon Lee Scroggin leave to proceed on a claim against Nurse Purdue in his individual capacity for compensatory and punitive damages for making Mr. Scroggin fill out a medical request on February 5, 2020, to r eceive medical care when he was unable to do so while on suicide watch in violation of the Eighth Amendment; GRANTS Brandon Lee Scroggin leave to proceed on a claim against Nurse Sandra Allen in her individual capacity for compensatory and punitive damages for the unanswered healthcare requests she accepted from Mr. Scroggin in March and May 2020 in violation of the Eighth Amendment; GRANTS Brandon Lee Scroggin leave to proceed on a claim against Nurse Atkinson in her individual capacity for compensatory and punitive damages for withholding pain medication from June 19-21, 2020, without a medical reason in violation of the Eighth Amendment; GRANTS Brandon Lee Scroggin leave to proceed against Warden Galipeau in his individual capacity for compensatory and punitive damages for being aware that Mr. Scroggin's serious medical needs in February and March 2020 were not being treated in violation of the Eighth Amendment; DISMISSES Wexford Health Services, Inc., Rebeck, Dorot hy Livers, Kline, and Unknown "African Guy Nurse;" DISMISSES all other claims; DIRECTS the clerk to request Waiver of Service from (and if necessary, the United States Marshals Service to use any lawful means to locate and serve process on) Nurse Sandra Allen, Nurse Purdue, and Nurse Atkinson at Wexford of Indiana, LLC, with a copy of this order and the complaint 2 , pursuant to 28 U.S.C. §1915(d); DIRECTS the clerk to request Waiver of Service from (and if necessary, the U nited States Marshals Service to use any lawful means to locate and serve process on) Warden Galipeau at the Indiana Department of Correction with a copy of this order and the complaint 2 , pursuant to 28 U.S.C. § 1915(d); ORDERS the Indiana D epartment of Correction and Wexford of Indiana, LLC, to provide the full name, date of birth, and last known home address of any defendant who does not waive service, if they have such information; and ORDERS, pursuant to 42 U.S.C. § 1997e(g)( 2), Warden Galipeau, Nurse Sandra Allen, Nurse Purdue, and Nurse Atkinson 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 Robert L Miller, Jr on 5/17/2021. (Copy mailed as directed in Order)(lhc)

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