Clark v. Boren et al
| Justin James Eugene Clark and Justin J.E. Clark |
| Michelle A Boren, Monica Wala, Eichman, Sieger and Warden |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2022cv00522 |
| July 7, 2022 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| Michael G Gotsch |
| Damon R Leichty |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on October 12, 2022. A more recent docket listing may be available from PACER.
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Filing 29
ORDER DENYING any relief requested in the #26 RESPONSE to Warden's Response "Dr. Kristen Dauss" by Justin James Eugene Clark. Signed by Judge Damon R Leichty on 8/30/2022. (mrm)
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Filing 28
STATUS REPORT ORDER: The Court GRANTS the defendant until 10/12/2022, to file a summary judgment motion based on the exhaustion of administrative remedies; CAUTIONS the defendant this affirmative defense will be forfeited if it is not waived or raised in a summary judgment motion by the deadline; REMINDS the defendant Local Rule 56-1 was amended 2/25/2022; REMINDS the defendant Local Rule 56-1(a)(3) requires "a Statement of Material Facts with numbered paragraphs for each material fact the moving party contends is undisputed which includes: (A) a short statement of each fact; and (B) a citation to evidence supporting each fact;" REMINDS the defendant Local Rule 56-1(a)(4) requires a party seeking summary judgment against an unrepresented party must serve that party with the notice contained in Appendix C; and ORDERS defense counsel and the unrepresented plaintiff to separately prepare and file brief status reports by 10/12/2022. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/25/2022. (mrm)
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Filing 27
Defendant's ANSWER to Complaint , Affirmative Defenses & Demand for Jury Trial by Warden.(Flynn, Thomas)
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Filing 26
RESPONSE to Warden's Response "Dr. Kristen Dauss" by Justin James Eugene Clark to #24 NOTICE by Warden of Compliance with the Court's August 15, 2022 Order Directing Partial Preliminary Injunctive Relief. (nae)
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Filing 25
NOTICE by Warden of Compliance with the Court's August 15, 2022 Order Directing Partial Preliminary Injunctive Relief (Attachments: #1 Exhibit A - Adult Mental Health Orders for Justin Clark, Dated 8-17-22)(Flynn, Thomas)
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Filing 24
NOTICE by Warden of Compliance with the Court's August 15, 2022 Order Directing Partial Preliminary Injunctive Relief (Attachments: #1 Exhibit A - Affidavit of John Galipeau, #2 Exhibit B - Adult Mental Health Orders for Offender Justin Clar, Dated 8-15-22, #3 Exhibit C - Adult Mental Health Orders for Offender Justin Clark, Dated 8-16-22, #4 Exhibit D - Summary of Mental Health Evaluation & Treatment for Offender Justin Clark)(Flynn, Thomas)
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Filing 23
NOTICE by Warden re #22 Order on Motion for Preliminary Injunction,,,,,, of Warden's Receipt of, and Compliance with the Court's August 15, 2022 Order on Preliminary Injunction (Flynn, Thomas)
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Filing 22
OPINION AND ORDER granting in part and denying in part #7 Motion for Preliminary Injunction: GRANTS the preliminary injunction motion (ECF #7 ) to the extent explained below and DENIES the motion (ECF #7 ) in all other respects; ORDERS the Warden of the Westville Correctional Facility to immediately place Justin James Eugene Clark, IDOC # 150094, on suicide watch; ORDERS the Warden to have Mr. Clarks suicidal ideations conscientiously evaluated by a mental health professional; ORDERS the Warden to report to the court within seventy-two hours what treatment recommendations were made by the mental health professional; ORDERS the Warden to report to the court within seventy-two hours of Mr. Clarks discharge from suicide watch; ORDERS the Warden to report to the court within seventy-two hours of Mr. Clarks transfer to a different prison; DIRECTS the clerk to fax or email a copy of this order to the Warden at the Westville Correctional Facility and to the Commissioner of the Indiana Department of Correction at the Central Office; ORDERS the Warden (or the Acting Warden who receives this notice) to personally provide immediate written confirmation of receipt of this order; ORDERS the Warden (or the Acting Warden at the time) to personally provide immediate written notification of Mr. Clarks placement on suicide watch; and DIRECTS the clerk to docket the Wardens confirmations. Signed by Judge Damon R Leichty on 8/15/2022. (Copy sent by fax and email to the Warden of Westville, and by email to the Commissioner of IDOC)(nae) Modified title on 8/16/2022 (jld).
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Filing 21
REPLY to Response to #7 MOTION for Preliminary Injunction titled as Response to Defendant's Response in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Justin James Eugene Clark. (Attachments: #1 Exhibits)(nae)
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Filing 20
WAIVER OF SERVICE Returned Executed by Warden. Warden waiver sent on 7/8/2022, answer due 9/6/2022. (Flynn, Thomas)
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Filing 19
NOTICE of Appearance by Carly A Brandenburg on behalf of Warden (Brandenburg, Carly)
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Filing 18
NOTICE of Appearance by Thomas J Flynn on behalf of Warden (Flynn, Thomas)
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Filing 17
RESPONSE to Motion re #7 MOTION for Preliminary Injunction filed by Warden. (Attachments: #1 Exhibit A) Declaration of Warden John Galipeau, #2 Exhibit B) Mr. Clarks Medical Records June 2021 to July 2022 Part 1, #3 Exhibit B) Mr. Clarks Medical Records June 2021 to July 2022 Part 2, #4 Exhibit C) Health Care Requests Forms June 2021 to July 2022)(Holbrook, Amanda)
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Filing 16
NOTICE of Appearance by Amanda J Holbrook on behalf of Warden (Holbrook, Amanda)
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Filing 15
Received confirmation from Westville Correctional Facility Warden at the Indiana Department of Correction and Westville Correctional Facility Warden at the Westville Correctional Facility that DE #13 and #14 were received. (kmt)
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Filing 14
ORDER DIRECTING the clerk email a copy of the notice (ECF #13 ) to the Westville Correctional Facility Warden at the Indiana Department of Correction; DIRECTING the clerk to fax or email a copy of the notice (ECF #13 ) to the Westville Correctional Facility Warden at the Westville Correctional Facility; and DIRECTING the clerk to make a docket notation upon receiving confirmation of receipt of those deliveries. Signed by Judge Damon R Leichty on 7/25/2022. (Copy emailed/faxed as directed in Order)(kmt)
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Filing 13
NOTICE to the Court / Declaration of Hunger Strike by Justin James Eugene Clark (nae)
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Filing 12
ORDER: The request for production of documents #11 is STRICKEN. Signed by Magistrate Judge Michael G Gotsch, Sr on 07/18/2022. (jdb)
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Filing 11
**STRICKEN per #12 Order** REQUEST for Production of Documents by Justin James Eugene Clark.(kmt) Modified on 7/18/2022 (jdb).
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Filing 10
ORDER DENYING and relief requested re #9 RESPONSE TO COURT'S OPINION by Justin James Eugene Clark to #6 Opinion and Order. Signed by Judge Damon R Leichty on 7/13/2022. (mrm)
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Filing 9
RESPONSE TO COURT'S OPINION by Justin James Eugene Clark to #6 Opinion and Order. (mlc)
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Filing 8
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden, Westville Correctional Facility. (Copy mailed as directed in Opinion and Order #6 ) Waiver of Service due by 8/8/2022. (Attachments: #1 Opinion and Order, #2 Preliminary Injunction Mtn) (shk)
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Filing 7
MOTION for Preliminary Injunction by Plaintiff Justin James Eugene Clark. (Filed pursuant to Opinion and Order #6 ) (shk)
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Filing 6
OPINION AND ORDER: The Court DIRECTS the clerk to separately docket the complaint #2 as a motion for preliminary injunction; DIRECTS the clerk to add the Westville Correctional Facility Warden as a defendant; GRANTS Justin James Eugene Clark leave to proceed against the Westville Correctional Facility Warden in an official capacity to obtain permanent injunctive relief to provide him with constitutionally adequate treatment for severe mental health problems and suicidal ideations as required by the Eighth Amendment; DISMISSES all other claims; DISMISSES Michelle A. Boren, Monica Wala, Eichman, and Sieger as defendants; DIRECTS the clerk, under 28 U.S.C. 1915(d), to request a Waiver of Service from (and if necessary, the United States Marshals Service to serve process on) the Westville Correctional Facility Warden at the Indiana Department of Correction, with a copy of this order and the preliminary injunction motion; DIRECTS the clerk to fax or email a copy of the same documents to the Westville Correctional Facility Warden at the Westville Correctional Facility; ORDERS, under 42 U.S.C. 1997e(g)(2), the Westville Correctional Facility Warden 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; and ORDERS the Westville Correctional Facility Warden to file and serve a response to the preliminary injunction, as soon as possible but not later than 7/29/2022, with supporting medical documentation and declarations from other staff as necessary, describing what care the plaintiff is receiving to address his allegedly severe mental health problems and suicidal ideations. Signed by Chief Judge Jon E DeGuilio on 7/8/2022. (Copy mailed as directed in Order)(shk)
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Filing 5
ORDER: The Court GRANTS the plaintiff leave to proceed in forma pauperis #3 ; WAIVES the initial partial filing fee; ORDERS the plaintiff, Justin James Eugene Clark, IDOC # 150094, 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; DIRECTS the clerk to create a ledger for receipt of these funds; and DIRECTS 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 Chief Judge Jon E DeGuilio on 7/8/2022. (Copy mailed as directed in Order)(shk)
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Filing 4
Docket sheet and file stamped copy of Complaint to be distributed to Justin James Eugene Clark #150094. (Attachments: #1 File stamped copy of Complaint)(kmt)
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Filing 3
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Justin James Eugene Clark. (kmt)
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Filing 2
PRO SE COMPLAINT against Michelle A Boren, Eichman, Sieger, Monica Wala, filed by Justin James Eugene Clark.(kmt)
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Filing 1
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Justin James Eugene Clark. 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. (kmt)
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