Morton v. Meril et al
| Demarcus Morton |
| Meril, McPheason and Saint Joseph County Jail |
| 3:2022cv00543 |
| July 14, 2022 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on August 19, 2022. A more recent docket listing may be available from PACER.
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***Waiver of Service Deadline terminated. (nal)
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Filing 8
NOTICE of Appearance by Stephanie L Nemeth on behalf of McPheason, Meril (Nemeth, Stephanie)
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Filing 7
WAIVER OF SERVICE Returned Executed by McPheason, Meril. McPheason waiver sent on 8/8/2022, answer due 10/7/2022; Meril waiver sent on 8/8/2022, answer due 10/7/2022. (Agostino, Peter)
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Filing 6
NOTICE of Appearance by Peter J Agostino on behalf of McPheason, Meril (Agostino, Peter)
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Filing 5
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Officer Meril and Lt. McPheason. Waiver of Service due by 9/7/2022. (Attachments: #1 Complaint, #2 Exhibit) (asd) (Additional attachment(s) added on 8/8/2022: #3 Order) (asd).
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Filing 4
OPINION AND ORDER: The Court GRANTS Demarcus Morton leave to proceed against Officer Meril and Lt. McPheason in their individual capacities for compensatory and punitive damages for using excessive force against Morton on 4/30/2022, in violation of the Fourteenth Amendment; DISMISSES all other claims; DISMISSES the St. Joseph County Jail; 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) Officer Meril and Lt. McPheason at the St. Joseph County Sheriff's Department, with a copy of this order and the complaint (ECF #1 ), pursuant to 28 U.S.C. 1915(d); ORDERS St. Joseph County Sheriff's Department 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), Officer Meril and Lt. McPherson 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 8/8/2022. (Copy mailed to pro se party)(asd)
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Filing 3
ORDER GRANTING #2 MOTION for Leave to Proceed in forma pauperis filed by Demarcus Morton; WAIVING the initial partial filing fee; ORDERING the plaintiff, Demarcus Morton, IDOC # 201502, St. Joseph Jail # 310951, 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; 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 7/18/2022. (Copy mailed to pro se party and St. Joseph County Jail)(asd)
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Filing 2
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Demarcus Morton. (kmt)
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Filing 1
PRO SE COMPLAINT against McPheason, Meril, Saint Joseph County Jail, filed by Demarcus Morton. (Attachments: #1 Exhibit, #2 Envelope) (File stamped copy with case number sent to Morton)(kmt)
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