Dewald v. Livers et al
| Bart Dewald |
| Dorthy Livers, Centurion Health Care Employees, Andrew Liaw, Dishita Patel and Warden |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2022cv00441 |
| June 7, 2022 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on June 28, 2023. A more recent docket listing may be available from PACER.
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Filing 15
NOTICE of Appearance by Julia M Kwait on behalf of Warden (Kwait, Julia)
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Filing 14
NOTICE of Appearance by David J Beach on behalf of Warden (Beach, David)
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Filing 13
RESPONSE IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION by Warden to #6 Opinion and Order. (Attachments: Exhibit #1 Declaration of John Galipeau, Exhibit #2 Plaintiff's related medical records and requests)(Kirtley, William) Modified on 7/7/2022 to clean up docket text (sej).
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Filing 12
NOTICE of Appearance by William A Kirtley on behalf of Warden (Kirtley, William)
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Filing 11
WAIVER OF SERVICE Returned Executed by Dishita Patel. Dishita Patel waiver sent on 6/16/2022, answer due 8/15/2022. (Dillon, Carol)
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Filing 10
WAIVER OF SERVICE Returned Executed by Dorthy Livers. Dorthy Livers waiver sent on 6/16/2022, answer due 8/15/2022. (Dillon, Carol)
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Filing 9
WAIVER OF SERVICE Returned Executed by Andrew Liaw. Andrew Liaw waiver sent on 6/16/2022, answer due 8/15/2022. (Dillon, Carol)
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Filing 8
NOTICE of Appearance by Carol A Dillon on behalf of Andrew Liaw, Dorthy Livers, Dishita Patel (Dillon, Carol)
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Filing 7
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden, Health Service Administrator Dorothy Livers, Dr. Andrew Liaw, and Nurse Practitioner Dishita Patel. Waiver of Service due by 7/18/2022. (Attachments: #1 Order, #2 Complaint, #3 Exhibits) (asd)
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Filing 6
OPINION AND ORDER: The Court DIRECTS the clerk to add the Warden of the Westville Correctional Facility in his official capacity as a defendant; GRANTS Bert Dewald leave to proceed against the Warden of the Westville Correctional Facility in his official capacity for an injunctive relief claim; GRANTS Bart Dewald leave to proceed against Health Services Administrator Dorothy Livers, Dr. Andrew Liaw, and Nurse Practitioner Dishita Patel in their individual capacities for compensatory and punitive damages; DISMISSES Centurion Healthcare Employees; DISMISSES all other claims; 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 serve process on) the Warden of the Westville Correctional Facility, at the Indiana Department of Correction, with a copy of this order and the complaint (ECF #3 ); 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) Health Service Administrator Dorothy Livers, Dr. Andrew Liaw, and Nurse Practitioner Dishita Patel at Centurion Health of Indiana, LLC, with a copy of this order and the complaint (ECF #3 ); DIRECTS the clerk to fax or email a copy of the request for waiver of service, this order, and the complaint (ECF #3 ) to the Warden of the Westville Correctional Facility; ORDERS the Warden of the Westville Correctional Facility to provide a sworn declaration or affidavit with supporting medical documentation as necessary by 7/6/2022, explaining how Bart Dewalds chronic and severe dizziness, IDOC # 174244, is being addressed in a manner that complies with the Eighth Amendment; ORDERS the Indiana Department of Correction and Centurion Health 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; and ORDERS, under 42 U.S.C. 1997e(g)(2), the Warden of the Westville Correctional Facility, Health Service Administrator Dorothy Livers, Dr. Andrew Liaw, and Nurse Practitioner Dishita Patel to respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claim for which the plaintiff has been granted leave to proceed in this screening order. Signed by Chief Judge Jon E DeGuilio on 6/16/2022. (Copy emailed to the Warden of Westville Correctional Facility)(asd)
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Filing 5
ORDER GRANTING the plaintiff leave to proceed in forma pauperis. WAIVING 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 6/13/2022. (Copy mailed to Inmate Trust Fund at WCF as directed in order)(mrm) Modified on 6/15/2022 to add routing (mrm).
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Filing 4
Docket sheet and file stamped copy of Complaint to be distributed to Bart Dewald #174244. (Attachments: #1 File stamped copy of Complaint)(kms)
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Filing 3
PRO SE COMPLAINT against Centurion Health Care Employees, Andrew Liaw, Dorthy Livers, Dishita Patel, filed by Bart Dewald. (Attachments: #1 Exhibit)(No filing fee or IFP received)(kms)
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Filing 2
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Bart Dewald. 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. (Attachments: #1 Exhibit) (kms)
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Filing 1
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Bart Dewald. 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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