Hartsock v. Indiana Dept of Corr et al
| Joseph Hartsock |
| Indiana Dept of Corr, Robert Carter, Jr, John Galipeau, Tom Stinson, John Nally, Jack Hendrix, Jennifer Farmer, Kenneth Watts, Dawn Buss, James Basinger, Robert Bugher, Margarita Velazquez, Nash, B Whittinghill, Elise Gallagher, Derek Christian, Jennifer Christian-Tague, Wexford Health Sources Inc, Wexford of Indiana LLC and Aaron Jordan |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2022cv00063 |
| January 24, 2022 |
| 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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Filing 24
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Indiana Department of Correction. Waiver of Service due by 4/18/2022. (Attachments: #1 Complaint, #2 Screening Order, #3 Preliminary Injunction Motion) (mlc)
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Filing 23
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to PLUS Program Director Tom Stinson, Assistant Deputy Warden Kenneth Watts and Correctional Officer Jennifer Christian-Tague. Waiver of Service due by 4/18/2022. (Attachments: #1 Complaint, #2 Screening Order) (mlc)
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Filing 22
OPINION AND ORDER The Court GRANTS Joseph Hartsock leave to proceed on Count One against PLUS Program Director Tom Stinson in his individual capacity for compensatory and punitive damages for retaliating against him in violation of the First Amendment on May 3, 2021, by telling more than 100 other inmates they could no longer volunteer to work for hospice if they had already completed the 320 community service hours required for the PLUS program because Hartsock had requested more shifts, raised complaints about shifts, threatened legal action, and requested a religious exemption; GRANTS Joseph Hartsock leave to proceed on Count Two against the Indiana Department of Correction to obtain a permanent injunction, if required by the Religious Land Use and Institutionalized Persons Act, to permit him to work with hospice patients four hours every night except the sabbath; GRANTS Joseph Hartsock leave to proceed on Count Four against Correctional Officer Jennifer Christian-Tague in her individual capacity for compensatory and punitive damages for retaliating against him in violation of the First Amendment by filing conduct report WCC-21-05-90 which fraudulently asserted she found a crochet hook in his property box on May 5, 2021, because he complained about how the PLUS and hospice programs were being run; GRANTS Joseph Hartsock leave to on the functionally equivalent second Count Six (ECF 1 at 199-202) and Count Eight against PLUS Program Director Tom Stinson and Assistant Deputy Warden Kenneth Watts in their individual capacities for compensatory and punitive damages for retaliating against him in violation of the First Amendment by removing him from the hospice and PLUS programs on May 3, 2021, because he requested more shifts, raised complaints about shifts, threatened legal action, and requested a religious exemption; GRANTS Joseph Hartsock leave to proceed on the second Count Seven (ECF 1 at 203-06) against PLUS Program Director Tom Stinson in his individual capacity for compensatory and punitive damages for retaliating against him in violation of the First Amendment by prohibiting him from wearing his hat and prescription eyeglasses to accommodate his physical disability on May 3, 2021, because he requested more shifts, raised complaints about shifts, threatened legal action, and requested a religious exemption;GRANTS Joseph Hartsock leave to proceed on Count Nine against Assistant Deputy Warden Kenneth Watts in his individual capacity for compensatory and punitive damages for retaliating against him in violation of the First Amendment bythreatening to transfer him to another prison to moot any possible injunctive relief claim if he filed a grievance or lawsuit about being transferred to a different housing unit at the Westville Correctional Facility; GRANTS Joseph Hartsock leave to proceed on Count Nine against Assistant Deputy Warden Kenneth Watts in his official capacity to obtain a permanent injunction prohibiting a retaliatory transfer to a different prison because Hartsock filed a grievance or lawsuit about being transferred to a different location at the Westville Correctional Facility; DISMISSES all other claims; DISMISSES Robert Carter, Jr., John Galipeau, John Nally, Jack Hendrix, Jennifer Farmer, Dawn Buss, James Basinger, Robert Bugher, Margarita Velazquez, Nash, B. Whittinghill, Elise Gallagher, Derek Christian, Wexford Health Sources, Inc., Wexford of Indiana, LLC, and Aaron Jordan; DIRECTS the clerk, under 28 U.S.C. 1915(d), 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) the Indiana Department of Correction, PLUS Program Director Tom Stinson, Assistant Deputy Warden Kenneth Watts, and Correctional Officer Jennifer Christian-Tague at the Indiana Department of Correction, with a copy of this order and the complaint (ECF 1); ORDERS the Indiana Department of Correction 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, under 42 U.S.C. 1997e(g)(2), the Indiana Department of Correction, PLUS Program Director Tom Stinson, Assistant Deputy Warden Kenneth Watts, and Correctional Officer Jennifer Christian-Tague 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;ORDERS the Indiana Department of Correction to separately respond to the preliminary injunction motion (ECF 5) at the same time it responds to the complaint; and GRANTS Joseph Hartsock twenty-eight (28) days after the defendants response to the preliminary injunction motion to file a reply. Signed by Chief Judge Jon E DeGuilio on 3/17/22. (mlc)
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Filing 21
ORDER DENYING AS MOOT #2 Plaintiff's Application to Proceed Absent the Administrative Fee filed by Joseph Hartsock. Signed by Chief Judge Jon E DeGuilio on 2/17/2022. (mrm)
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Filing 20
Letter from Joseph Hartsock requesting docket sheet for verification filing fee has been paid (Final payment letter sent at DE #19 ) (nae)
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Filing 19
FINAL PAYMENT FROM PRISONER Letter sent to Warden of prison. (nae)
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Filing 16
ORDER re #15 Letter filed by Joseph Hartsock. Joseph Hartsock is REMINDED he has until February 28, 2022, to resolve his filing fee status and that if he does not respond by the deadline, this case may be dismissed without further notice. Signed by Magistrate Judge Michael G Gotsch, Sr on 2/4/22. (mlc)
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Filing 15
Letter from Joseph Hartsock re: filing fee paid in the Southern District (nae) (Forwarded from INSD)
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Filing 14
RECEIPT of Consent to E-file form (previously received) from Joseph Hartsock. (Forwarded from INSD) (nae)
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Filing 13
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Joseph Hartsock. 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. (kms)
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Filing 12
ORDER: Joseph Hartsock is GRANTED until 2/28/2022, to respond to this order and CAUTIONED if he does not respond by the deadline, this case may be dismissed without further notice. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/24/2022. (Copy mailed to pro se party)(mrm)
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Filing 11
Case transferred in from District of Indiana Southern; Case Number 1:22-cv-00043. Original file and docket sheet received.
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Filing 10
Transfer Letter to Clerk of the Northern District of Indiana, South Bend Division. Case transferred electronically to Northern District of Indiana, South Bend Division, on January 20, 2022. (MAC) [Transferred from Indiana Southern on 1/24/2022.]
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Filing 9
CLOSED TRANSFER to the South Bend Division of the United States District Court for the Northern District of Indiana. Mr. Hartsock's pending motions for leave to proceed in forma pauperis or for a preliminary injunction at dockets #2 and #5 remain pending for review by the United States District Court for the Northern District of Indiana. (See Order). Copy to Plaintiff via U.S. Mail. Signed by Judge James Patrick Hanlon on 1/20/2022. (MAC) [Transferred from Indiana Southern on 1/24/2022.]
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Filing 8
Correspondence REQUESTING COPY of Case Docket Sheet, filed by Plaintiff. Copy of Docket Sheet sent to Plaintiff via US Mail. (DWH) [Transferred from Indiana Southern on 1/24/2022.]
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Filing 7
CONSENT to Jurisdiction to US Magistrate Judge by JOSEPH HARTSOCK. (DWH) [Transferred from Indiana Southern on 1/24/2022.]
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Filing 4
NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. Copy distributed to Plaintiff via US Mail. (TMC) [Transferred from Indiana Southern on 1/24/2022.]
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Filing 6
MEMORANDUM in Support re #5 MOTION for Preliminary Injunction, filed by Plaintiff JOSEPH HARTSOCK. (DWH) [Transferred from Indiana Southern on 1/24/2022.]
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Filing 5
MOTION for Preliminary Injunction, filed by Plaintiff JOSEPH HARTSOCK. (Attachments: #1 First Sworn Affidavit of Joseph Hartsock)(DWH) [Transferred from Indiana Southern on 1/24/2022.] Modified on 1/24/2022 (jld).
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Filing 3
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) [Transferred from Indiana Southern on 1/24/2022.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, JOSEPH HARTSOCK. (DJH) [Transferred from Indiana Southern on 1/24/2022.] Modified on 1/24/2022 (jld).
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Filing 1
COMPLAINT against JAMES BASINGER, ROBERT BUGHER, DAWN BUSS, ROBERT CARTER, JR, DEREK CHRISTIAN, JENNIFER CHRISTIAN-TAGUE, JENNIFER FARMER, JOHN GALIPEAU, ELISE GALLAGHER, JACK HENDRIX, INDIANA DEPT. OF CORR., AARON JORDAN, JOHN NALLY, NASH, TOM STINSON, MARGARITA VELAZQUEZ, KENNETH WATTS, WEXFORD HEALTH SOURCES, INC., WEXFORD OF INDIANA, LLC., and B. WHITTINGHILL, filed by JOSEPH HARTSOCK. (No fee paid with this filing) (DJH) [Transferred from Indiana Southern on 1/24/2022.]
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