Brown v. Indiana Dept of Corr et al
| Benjamin W Brown, Benjamin Wayne Brown and Benjamin Brown |
| Loop, Crittendon, Patel, U T Sonnenburg, Cornett, Davis, Robert Carter, Jr, Michelle Rebac, Yacu, Wexford of Indiana, Josh Kuiper, John Galipeau, Farley, Indiana Dept of Corr and Sonnenburg |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2021cv00461 |
| June 21, 2021 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 16, 2021. A more recent docket listing may be available from PACER.
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Filing 21
ANSWER to Complaint and Statement of Defenses by Davis. (Attachments: #1 Envelope)(kms)
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Filing 20
NOTICE of Pro Se Appearance by Davis (Attachments: #1 Envelope)(kms)
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Filing 19
ORDER: The court DENIES #4 MOTION for Preliminary Injunction filed by Benjamin W Brown. Signed by Chief Judge Jon E DeGuilio on 8/16/2021. (shk)
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Filing 18
SUMMONS Returned Executed by USMS obo Benjamin W Brown. Davis served on 8/2/2021, answer due 8/23/2021. (lhc) Modified on 8/3/2021 to correct answer date and regenerate (lhc).
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Filing 17
Summons Issued as to Davis. 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 with DE #2 , #4 , and #7 ) (nae)
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Filing 16
WAIVER OF SERVICE Returned Executed by Josh Kuiper. Josh Kuiper waiver sent on 6/25/2021, answer due 8/24/2021. (Findley, Bryan)
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Filing 15
WAIVER OF SERVICE Returned Executed by Patel. Patel waiver sent on 6/25/2021, answer due 8/24/2021. (Findley, Bryan)
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Filing 14
WAIVER OF SERVICE Returned Executed by Loop. Loop waiver sent on 6/25/2021, answer due 8/24/2021. (Findley, Bryan)
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Filing 13
RESPONSE to Motion re #4 MOTION for Preliminary Injunction filed by John Galipeau. (Attachments: #1 Exhibit 1 Declaration of John Galipeau, #2 Exhibit 2 Declaration of Dorothy Livers, #3 Exhibit 3 Declaration of John Hicks, #4 Exhibit 4 Plaintiffs related medical records)(Kirtley, William)
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Filing 12
NOTICE of Appearance by Heather T Gilbert on behalf of Josh Kuiper, Loop, Patel (Gilbert, Heather)
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Filing 11
NOTICE of Appearance by Bryan R Findley on behalf of Josh Kuiper, Loop, Patel (Findley, Bryan)
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Filing 10
WAIVER OF SERVICE Returned Executed by John Galipeau, Crittendon. John Galipeau waiver sent on 6/25/2021, answer due 8/24/2021; Crittendon waiver sent on 6/25/2021, answer due 8/24/2021. (Kirtley, William)
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Filing 9
NOTICE of Appearance by William A Kirtley on behalf of Crittendon, John Galipeau (Kirtley, William)
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Filing 8
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden John Galipeau, Lieutenant Crittendon, and Correctional Officer Davis, Nurse Josh Kuiper, Dr. Patel, and Nurse Loop. Waiver of Service due by 7/26/2021. (Attachments: #1 Order, #2 Complaint, #3 Injunction) (sent electronically as directed and also emailed to Warden)(mrm)
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Filing 7
OPINION AND ORDER: The Court GRANTS Benjamin W. Brown leave to proceed against Warden John Galipeau in his official capacity for permanent injunctive relief for constitutionally adequate medical care for his broken back and pain as required by the Eighth Amendment; GRANTS Benjamin W. Brown leave to proceed against Correctional Officer Davis in his individual capacity for compensatory and punitive damages for using excessive force against him on 2/24/2021, in violation of the Eighth Amendment; GRANTS Benjamin W. Brown leave to proceed against Nurse Josh Kuiper for deliberate indifference to his serious medical needs when Kuiper denied him pain medication and other accommodations for his injuries on 2/25/2021, and 3/16/2021, in violation of the Eighth Amendment; GRANTS Benjamin W. Brown leave to proceed against Nurse Loop for deliberate indifferent to his serious medical needs when Loop had him locked in a cage for suspected intoxication instead of treating his medical needs on 2/26/2021, in violation of the Eighth Amendment; GRANTS Benjamin W. Brown leave to proceed against Dr. Patel for deliberate indifference to his serious medical needs by failing to order special accommodations for his back injury and by failing to adequately treat the pain following the discovery of a fractured back on 5/24/2021, in violation of the Eighth Amendment; GRANTS Benjamin W. Brown leave to proceed against Lieutenant Crittendon for using excessive force against him by purposely squeezing his injured shoulder to cause pain on 2/26/2021, in violation of the Eighth Amendment; DISMISSES all other claims; DISMISSES Indiana Department of Correction, Robert Carter, Jr., Sonnenburg, Yacu, Michelle Rebac, Wexford of Indiana, Farley, and Cornett; DIRECTS the clerk to request Waiver of Service from (and if necessary, the United States Marshals Service to serve process on) Warden John Galipeau, Lieutenant Crittendon, and Correctional Officer Davis at the Indiana Department of Correction, with a copy of this order, the complaint, and the motion for preliminary injunction (ECF 2, 4), pursuant to 28 U.S.C. 1915(d); 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 Josh Kuiper, Dr. Patel, and Nurse Loop at Wexford of Indiana, LLC, with a copy of this order, the complaint, and the motion for preliminary injunction (ECF 2, 4), 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 the Westville Correctional Facility; ORDERS the Indiana Department 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 it has such information; ORDERS Warden John Galipeau to file and serve a response to the preliminary injunction, as soon as possible but not later than 7/16/2021, with supporting medical documentation and declarations from other staff as necessary describing/explaining how Benjamin W. Browns broken back and pain are being treated in a manner that comports with the Eighth Amendments requirements; and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Warden John Galipeau, Lieutenant Crittendon, Correctional Officer Davis, Nurse Josh Kuiper, Dr. Patel, and Nurse Loop 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 Chief Judge Jon E DeGuilio on 6/25/2021. (Copy mailed as directed in Order)(mrm)
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Filing 6
ORDER Directing Monthly Payments be made from Prison Account of Benjamin W Brown. GRANTING #3 Plaintiff leave to proceed in forma pauperis. The initial partial filing fee is WAIVED. ORDERING the plaintiff, Benjamin W. Brown, IDOC # 944142, 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.The clerk is DIRECTED to create a ledger for receipt of these funds. The clerk is DIRECTED 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 6/24/21. (Copy mailed to Warden)(mlc)
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Filing 5
Copy of docket sheet and complaint with case number to be distributed to Benjamin Brown #944142. (nae)
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**NEW CASE** (Motion pending) Chief Judge Jon E DeGuilio added. Judge Robert L Miller, Jr no longer assigned to case. (nae)
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Filing 4
First MOTION for Preliminary Injunction by Plaintiff Benjamin W Brown. (Attachments: #1 First Declaration of Benjamin Brown)(nae)
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Filing 3
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Benjamin W Brown. (nae)
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Filing 2
PRO SE COMPLAINT with Jury Demand against Robert Carter, Jr, Cornett, Crittendon, Davis, Farley, John Galipeau, Indiana Dept of Corr, Josh Kuiper, Loop, Patel, Michelle Rebac, Sonnenburg, U T Sonnenburg, Wexford of Indiana, filed by Benjamin W Brown.(nae)
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Filing 1
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Benjamin W Brown. 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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