Swisher v. Payne et al
| Christopher M Swisher |
| Payne, K Miller, Hamrick, Roberts and Morgan |
| 3:2020cv00708 |
| August 20, 2020 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Damon R Leichty |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 13 Initial partial filing fee: $ 4.80, receipt number INN1011824. (bas) |
| Filing 12 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden Payne, Mr. Hamrick, Sergeant Roberts, and Lieutenant Morgan. Waiver of Service due by 10/28/2020. (Attachments: #1 Order, #2 Complaint) (bas) |
Filing 11
OPINION AND ORDER: The court GRANTS the plaintiff leave to proceed against Warden Payne in his official capacity for injunctive relief to provide the plaintiff with adequate meals, showers, lighting, mental health treatment, and sanitary living conditions as required by the Eighth Amendment; GRANTS the plaintiff leave to proceed against Mr. Hamrick in his individual capacity for money damages for deliberate indifference to the plaintiff's mental health needs; GRANTS the plaintiff leave to proceed against Sergeant Roberts in her individual capacity for money damages for deliberate indifference to the plaintiff's right to adequate hygiene and sanitation; GRANTS the plaintiff leave to proceed against Lieutenant Morgan in his individual capacity for money damages for deliberate indifference to the plaintiff's right to adequate food; DISMISSES all other claims; DISMISSES Unit Team Manager K. Miller as a defendant; DIRECTS the clerk to send a Waiver of Service request to (and if necessary, the United States Marshals Service to serve process on) Warden Payne, Mr. Hamrick, Sergeant Roberts, and Lieutenant Morgan, along with a copy of this order and the amended complaint #6 , pursuant to 28 U.S.C. 1915(d); ORDERS the Indiana Department of Correction 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, to the extent such information is available; ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), that Warden Payne, Mr. Hamrick, Sergeant Roberts, and Lieutenant Morgan 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 9/28/2020. (Copy mailed to pro se party)(bas)
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| Filing 10 NOTICE of Appearance by Michael J Blinn on behalf of Hamrick, Payne (Blinn, Michael) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Payne. Payne waiver sent on 8/24/2020, answer due 10/23/2020. (Griffin, Zachary) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Hamrick. Hamrick waiver sent on 8/24/2020, answer due 10/23/2020. (Griffin, Zachary) |
| Filing 7 NOTICE of Appearance by Zachary R Griffin on behalf of Hamrick, Payne (Griffin, Zachary) |
| Filing 6 AMENDED COMPLAINT (signed) against Hamrick, K Miller, Payne, Roberts, Morgan, filed by Christopher M Swisher. (Attachments: #1 Exhibits)(nae) |
| Filing 5 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden Payne, Mr. Hamrick. (Copy mailed as directed in Order) Waiver of Service due by 9/24/2020. (Attachments: #1 Complaint, #2 Exhibit, #3 Order) (mrm) |
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Filing 4
OPINION AND ORDER GRANTING the plaintiff leave to proceed against Warden Payne in his official capacity for injunctive relief to provide the plaintiff with adequate meals and sanitary living conditions in the administrative segregation unit as required by the Eighth Amendment; GRANTING the plaintiff leave to proceed against Mr. Hamrick in his individual capacity for money damages for deliberate indifference to the plaintiffs mental health needs; DISMISSES all other claims; DISMISSES K. Miller as a defendant; The Clerk is DIRECTED to send a Waiver of Service request to (and if necessary, the United States Marshals Service to serve process on) Warden Payne and Mr. Hamrick, along with a copy of this order and the complaint (ECF 1), pursuant to 28 U.S.C. 1915(d); and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), that Warden Payne and Mr. Hamrick 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 8/25/2020. (Copy mailed to pro se party)(mrm)
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Filing 3
ORDER GRANTING #2 MOTION for Leave to Proceed in forma pauperis; WAIVING the initial partial filing fee; ORDERING the plaintiff, Christopher M Swisher, IDOC # 275113, to pay (and the facility having custody to automatically remit) 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; DIRECTING the clerk to create a ledger for receipt of these funds; and DIRECTING the clerk 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 8/24/2020. (Copy mailed to pro se party and as directed in order)(mrm)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Christopher M Swisher. (kms) |
| Filing 1 Unsigned PRO SE COMPLAINT against Hamrick, K Miller, Payne, filed by Christopher M Swisher. (Attachments: #1 Exhibit)(File stamped copy with case number sent to Swisher)(kms) |
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