Simmons v. Galipeau et al
| Quamayne Simmons |
| John Galipeau, Livers, Allen, Kelly, Chapman, Whitaker, Gleeson, Black and Watts |
| 3:2022cv00783 |
| September 16, 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 |
| Defendant |
Docket Report
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This docket was last retrieved on July 7, 2023. A more recent docket listing may be available from PACER.
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Filing 16
Defendants' ANSWER to Complaint by Black, Chapman, John Galipeau, Gleeson, Whitaker.(Beach, David)
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Filing 15
ORDER: Quamayne Simmons is granted until 11/21/2022, to file a notice with the court providing more information about Nurse Kelly so she can be identified and served. He is CAUTIONED if he does not respond by the deadline, Nurse Kelly may be dismissed without further notice. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/26/2022. (Copy mailed to pro se party)(mrm)
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Filing 14
WAIVER OF SERVICE Returned Executed by Livers. Livers waiver sent on 9/20/2022, answer due 11/21/2022. (Dillon, Carol)
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Filing 13
WAIVER OF SERVICE Returned Executed by Allen. Allen waiver sent on 9/20/2022, answer due 11/21/2022. (Dillon, Carol)
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Filing 12
NOTICE of Appearance by Carol A Dillon on behalf of Allen, Livers (Dillon, Carol)
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Filing 11
ORDER DENYING #3 Motion to Appoint Counsel. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/14/2022. (Copy mailed to pro se party) (jdb)
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Filing 10
RESPONSE to Motion re #2 MOTION for Preliminary Injunction filed by John Galipeau. (Attachments: #1 Exhibit Exhibit 1-part 1, #2 Exhibit Exhibit 1-part 2)(Beach, David)
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Set Deadlines/Hearings: per #9 Black answer due 11/19/2022; Chapman answer due 11/19/2022; John Galipeau answer due 11/19/2022; Gleeson answer due 11/19/2022; Whitaker answer due 11/19/2022. (rmc)
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Filing 9
WAIVER by Black, Chapman, John Galipeau, Gleeson, Whitaker of the Service of Summons. (Beach, David)
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Filing 8
NOTICE of Appearance by David J Beach on behalf of Black, Chapman, John Galipeau, Gleeson, Whitaker (Beach, David)
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Filing 7
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden John Galipeau, Officer Chapman, Officer Whitaker, Sergeant Gleeson, and Lieutenant Black at the Indiana Department of Correction, and Nurse Livers, Nurse Allen and Nurse Kelly at Centurion Health. Waiver of Service due by 10/20/2022. (Attachments: #1 Complaint, #2 Motion for Preliminary Injunction, #3 Screening Order) (mlc)
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Filing 6
**ERROR IN ENTRY, NO PDF ATTACHED** NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden John Galipeau, Officer Chapman, Officer Whitaker, Sergeant Gleeson, and Lieutenant Black at the Indiana Department of Correction, and Nurse Livers, Nurse Allen and Nurse Kelly at Centurion Health. Waiver of Service due by 10/20/2022. (mlc) Modified on 9/20/2022 to edit text (mlc).
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Filing 5
OPINION AND ORDER The Court GRANTS Quamayne Simmons leave to proceed against Warden John Galipeau in his official capacity for injunctive relief to receive constitutionally adequate medical care for his cancer as required by the Eighth Amendment; GRANTS Quamayne Simmons leave to proceed against Nurse Livers, Nurse Allen, and Nurse Kelly in their individual capacities for compensatory and punitive damages for failing to provide adequate supplies and care for the changing and disposal of Simmons colostomy bag starting in February 2022 in violation of the Eighth Amendment; GRANTS Quamayne Simmons leave to proceed against Officer Chapman, Officer Whitaker, Sergeant Gleeson, and Lieutenant Black in their individual capacities for compensatory and punitive damages for deliberate indifference to his serious medical need to change his colostomy bag, to receive treatment for resulting stomach pain, and to regularly clean the area around his colostomy bag in violation of the Eighth Amendment; DISMISSES all other claims; DISMISSES Watts; DIRECTS the clerk to request a Waiver of Service from (and if necessary, the United States Marshals Service to use any lawful means to locate and serve process on) the Warden John Galipeau, Officer Chapman, Officer Whitaker, Sergeant Gleeson, and Lieutenant Black at the Indiana Department of Correction and to send them a copy of this order, the complaint (ECF 1), and the motion for preliminary injunction (ECF 2) pursuant to 28 U.S.C. 1915(d); DIRECTS the clerk to fax or email a copy of the same documents to the Warden John Galipeau at Westville Correctional Facility; DIRECTS the clerk to request a Waiver of Service from (and if necessary, the United States Marshals Service to use any lawful means to locate and serve process on) Nurse Livers, Nurse Allen, and Nurse Kelly at Centurion Health and to send them a copy of this order, the complaint (ECF 1), and the motion for a preliminary injunction (ECF 2) pursuant to 28 U.S.C. 1915(d); ORDERS the Indiana Department of Correction and Centurion Health to provide the United States Marshal Service with the full name, date of birth, and last known home address of any defendant who does not waive service, to the extent such information is available; ORDERS Warden John Galipeau to file and serve a response to the plaintiffs motion for a preliminary injunction no later than October 11, 2022, with supporting documentation and declarations from staff as necessary, addressing the status of the plaintiffs medical condition; and ORDERS Warden John Galipeau, Nurse Livers, Nurse Allen, Nurse Kelly, Officer Chapman, Officer Whitaker, Sergeant Gleeson, and Lieutenant Black 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 9/19/22. (Copy mailed to pro se party, to Warden by email)(mlc)
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Filing 4
ORDER GRANTING plaintiff leave to proceed in forma pauperis; WAIVING the initial partial filing fee; ORDERING the plaintiff, Quamayne Simmons, IDOC # 262509, 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; 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 9/19/2022. (Copy mailed to pro se party and Westville Correctional Facility)(ash)
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Filing 3
MOTION titled as Appointment of Counsel by Plaintiff Quamayne Simmons. (kmt)
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Filing 2
MOTION for Preliminary Injunction ,titled as Immediate Injunction, Emergency Medical Transfer, by Plaintiff Quamayne Simmons. (kmt)
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Filing 1
PRO SE COMPLAINT against Allen, Black, Chapman, John Galipeau, Gleeson, Kelly, Livers, Watts, Whitaker, filed by Quamayne Simmons. (Attachments: #1 Exhibit, #2 Cover letter, #3 Envelope)(No filing fee or IFP received)(File stamped copy with case number sent to Simmons)(kmt)
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