Fogarty v. Wexford Medical Services et al
| Normand Fogarty |
| Patel, John Galipeau, Jason Jackson, Wexford Medical Services, Robert Carter, Jr, John Harvil, Indiana Department of Corrections, Andrew Liaw, Dorothy Livers and Nurse Cleary |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2021cv00129 |
| February 22, 2021 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on February 6, 2023. A more recent docket listing may be available from PACER.
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Filing 23
MOTION to Compel Production of Medical Records by Plaintiff Normand Fogarty. (jld)
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Filing 22
MOTION to Appoint Counsel by Plaintiff Normand Fogarty. (Attachments: #1 Exhibits, #2 Inmate Trust Fund Account Statement)(nae)
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Filing 21
ORDER DENYING #4 Motion for Preliminary Injunction by Plaintiff Normand Fogarty as outlined in Order. Signed by Chief Judge Jon E DeGuilio on 4/5/2021. (mrm)
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Filing 20
RESPONSE to Motion re #4 MOTION for Preliminary Injunction in Opposition to Plaintiff's Motion for Preliminary Injunction filed by John Galipeau. (Attachments: #1 Exhibit A. Declaration of John Galipeau, #2 Exhibit B. Normand Fogarty's Medical Records)(Pope, Adrienne)
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Filing 19
WAIVER OF SERVICE Returned Executed by John Galipeau. John Galipeau waiver sent on 2/23/2021, answer due 4/26/2021. (Pope, Adrienne)
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Filing 18
NOTICE of Appearance by Adrienne Pope on behalf of John Galipeau (Pope, Adrienne)
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Filing 17
WAIVER OF SERVICE Returned Executed by Patel. (Benton, Thomas)
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Filing 16
WAIVER OF SERVICE Returned Executed by Nurse Cleary. (Benton, Thomas)
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Filing 15
WAIVER OF SERVICE Returned Executed by Jason Jackson. (Benton, Thomas)
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Filing 14
WAIVER OF SERVICE Returned Executed by Dorothy Livers. (Benton, Thomas)
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Filing 13
WAIVER OF SERVICE Returned Executed by Andrew Liaw. (Benton, Thomas)
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Filing 12
NOTICE of Appearance by Thomas R Benton on behalf of Nurse Cleary, Jason Jackson, Andrew Liaw, Dorothy Livers, Patel (Benton, Thomas)
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Filing 11
NOTICE of Appearance by Heather T Gilbert on behalf of Nurse Cleary, Jason Jackson, Andrew Liaw, Dorothy Livers, Patel (Gilbert, Heather)
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Filing 10
Initial Partial Filing fee: $ 235.98, receipt number 3026574 (nae)
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Filing 9
Summons Issued as to John Galipeau, pursuant to #7 . 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)
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Filing 8
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden John Galipeau, Dr. Andrew Liaw, Dr. Jason Jackson, Nurse Dorothy Livers, Nurse Cleary (first name unknown), Nurse Practitioner Patel. (Copy mailed to Warden at IDOC and Wexford as directed in Order) Waiver of Service due by 3/25/2021. (Attachments: #1 Opinion and Order, #2 Complaint, #3 Preliminary Injunction Motion) (lhc)
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Filing 7
OPINION AND ORDER: The court GRANTS the plaintiff leave to proceed against Dr. Andrew Liaw, Dr. Jason Jackson, Nurse Dorothy Livers, Nurse Cleary (first name unknown), and Nurse Practitioner Patel (first name unknown) in their personal capacities for monetary damages for failing to provide adequate medical care for his back pain, neck pain, and digestive issues from April 2019 to the present in violation of the Eighth Amendment; GRANTS the plaintiff leave to proceed against Warden John Galipeau in his official capacity on an Eighth Amendment claim to obtain injunctive relief related to medical care needed to address his pain and digestive issues; DISMISSES WITHOUT PREJUDICE his claims related to his legal mail, his access to a toilet during a seven-hour period in August 2019, his participation in a college program, his filing of a grievance about a urine smell in the hallway of his dorm, and his medical idle pay as outlined in this order; DISMISSES all other claims; DISMISSES Wexford Medical Services, the Indiana Department of Correction, Robert Carter, and John Harvil as defendants; DIRECTS the clerk to request a Waiver of Service from Warden John Galipeau by email to the Indiana Department of Correction with a copy of this order and the complaint #2 pursuant to 28 U.S.C. 1915(d); DIRECTS the clerk to fax or email a copy of the same documents to Warden John Galipeau at Westville Correctional Facility; DIRECTS the United States Marshals Service to serve process on Warden John Galipeau pursuant to 28 U.S.C. 1915(d) by 3/23/2021, if he has not filed an appearance by 3/9/2021; ORDERS Warden John Galipeau to file and serve a response to the motion for a preliminary injunction #4 as soon as possible, but no later than 4/2/2021, with supporting medical documentation and declarations from staff as necessary, addressing the status of the plaintiff's medical conditions, what medical evaluations and treatment he has received to date, and what future course of treatment, if any, has been prescribed; DIRECTS the clerk to request a Waiver of Service from (and if necessary the United States Marshals Service to serve process on) Dr. Andrew Liaw, Dr. Jason Jackson, Nurse Dorothy Livers, Nurse Cleary (first name unknown), and Nurse Practitioner Patel (first name unknown) at Wexford of Indiana, LLC, and to send them a copy of this order and the complaint #2 pursuant to 28 U.S.C. 1915(d); ORDERS the Indiana Department of Correction and Wexford of Indiana, LLC, 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 this information is available; and ORDERS Warden John Galipeau, Dr. Andrew Liaw, Dr. Jason Jackson, Nurse Dorothy Livers, Nurse Cleary (first name unknown), and Nurse Practitioner Patel (first name unknown) to respond, as provided 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 Chief Judge Jon E DeGuilio on 2/23/2021. (lhc)
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Filing 6
ORDER GRANTING #3 MOTION for Leave to Proceed in forma pauperis. ORDERING Normand Fogarty, IDOC # 233674, to immediately pay $235.98 to the clerk in payment of the initial partial filing fee; ORDERING 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 Chief Judge Jon E DeGuilio on 2/23/2021. (Copy mailed to WCF as directed in Order)(mrm)
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Filing 5
Copy of docket sheet, complaint and exhibits to be distributed to Normand Fogarty #233674. (nae)
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Filing 4
MOTION for Preliminary Injunction by Plaintiff Normand Fogarty. (nae)
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Filing 3
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Normand Fogarty. (nae)
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Filing 2
PRO SE COMPLAINT against Robert Carter, Jr, Nurse Cleary, John Galipeau, John Harvil, Indiana Department of Corrections, Jason Jackson, Andrew Liaw, Dorothy Livers, Patel, Wexford Medical Services, filed by Normand Fogarty. (Attachments: #1 Exhibits)(nae)
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Filing 1
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Normand Fogarty. 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)
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