Kennedy v. Ivers et al
| Bobby Lee Kennedy |
| Leahanne Ivers, Carl Kuenzli, Lyn Lees and Warden |
| MIAMI E-FILE(Court Use Only) |
| 3:2022cv00868 |
| October 11, 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 October 12, 2023. A more recent docket listing may be available from PACER.
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Filing 16
Defendant's ANSWER to Complaint Affirmative Defenses & Demand for Jury by Warden.(Bagrowski, Kirk)
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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
WAIVER OF SERVICE Returned Executed by Warden. Warden waiver sent on 11/18/2022, answer due 1/17/2023. (Bagrowski, Kirk)
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Filing 13
NOTICE of Appearance by Kirk David Bagrowski on behalf of Warden (Bagrowski, Kirk)
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Filing 12
WAIVER OF SERVICE Returned Executed by Carl Kuenzli. Carl Kuenzli waiver sent on 11/18/2022, answer due 1/17/2023. (Dillon, Carol)
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Filing 11
NOTICE of Appearance by Carol A Dillon on behalf of Carl Kuenzli (Dillon, Carol)
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Filing 10
ORDER DENYING as premature #5 Motion Requesting Medical Records. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/29/22. (ksp)
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Filing 9
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden of Miami Correctional Facility and Dr Carl Kuenzli. Waiver of Service due by 12/19/2022. (Attachments: #1 Complaint, #2 Motion for Preliminary Injunction, #3 Order) (mlc)
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Filing 8
OPINION AND ORDER The Court CONSTRUES the Motion for Injunctive Relief (ECF 6) as a motion for Preliminary Injunction and DIRECTS the clerk to edit the docket accordingly; DIRECTS the clerk to add the Warden of Miami Correctional Facility as a defendant; GRANTS Bobby Lee Kennedy leave to proceed against the Warden in his official capacity for injunctive relief related to his ongoing need for a constitutionally adequate diet that is medically appropriate as required by the Eighth Amendment; GRANTS Bobby Lee Kennedy leave to proceed against Dr. Carl Kuenzli in his individual capacity for compensatory and punitive damages for delaying treatment of his broken jaw, resulting in permanent damage, in violation of the Eighth Amendment; GRANTS Bobby Lee Kennedy leave to proceed against Dr. Carl Kuenzli in his individual capacity for compensatory and punitive damages for recommending unnecessarily that his teeth be pulled; DISMISSES all other claims; DISMISSES Leahanne Ivers and Lyn Lees; 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 Warden of Miami Correctional Facility at the Indiana Department of Correction, with a copy of this order, the complaint (ECF 1), and the preliminary injunction motion (ECF 6); 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) Dr. Carl Kuenzli at Centurion Health of Indiana, LLC, with a copy of this order, the complaint (ECF 1), and the preliminary injunction motion (ECF 6); DIRECTS the clerk to fax or email a copy of this order, the complaint (ECF 1), and the preliminary injunction motion (ECF 6) to the Warden of Miami Correctional Facility at the Miami Correctional Facility;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; ORDERS the Warden of Miami Correctional Facility to file and serve a response to the plaintiffs motion for a preliminary injunction no later than December 15, 2022, with supporting documentation and declarations from staff as necessary, addressing the status of the plaintiffs need for a soft foods diet as well as the actual provision of such diet; and ORDERS under 42 U.S.C. 1997e(g)(2), the Warden of Miami Correctional Facility and Dr. Carl Kuenzli 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 11/17/22. (Copy emailed to Warden with complaint and motion for preliminary injunction)(mlc)
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Filing 7
Partial Initial Partial Filing fee received: $ 3.25, receipt number 3030028. (kmt)
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Filing 6
MOTION for Preliminary Injunction by Plaintiff Bobby Lee Kennedy. (kmt) Modified on 11/18/2022 (mlc).
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Filing 5
MOTION for a Release of Medical Documents by Plaintiff Bobby Lee Kennedy. (kmt)
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Filing 4
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Bobby Lee Kennedy. The Prisoner Electronic Filing Program operates pursuant to General Order 2018-1. When an inmate submits a document for electronic filing, the Prison Law Library emails a scanned copy and mails the original to the Court. The inmate should not mail a paper copy to the Court or a Defendant. When the scanned copy is docketed by the Court, a Notice of Electronic Filing (NEF) is emailed to the Prison Law Library. This NEF is printed by the Prison Law Library and given to the inmate with only the first page of the inmate's filing. Defendants are served by the Court. When the Prison Law Library receives an NEF for an entry by the Court, the NEF and a full copy of any attached order or document is printed and given to the inmate. The Prison Law Library will not print the NEF for documents filed by a Defendant. The Defendant must serve the inmate by mail. (nae)
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Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. The court ORDERS the plaintiff, Bobby Lee Kennedy, IDOC # 277558, to immediately pay (and the facility having custody to automatically remit) $12.26 to the clerk in payment of the initial partial filing fee, ORDERS the plaintiff 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 10/13/22. (Copies mailed as directed in Order). (nal)
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Filing 2
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Bobby Lee Kennedy. (kmt)
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Filing 1
PRO SE COMPLAINT against Leahanne Ivers, Carl Kuenzli, Lyn Lees, filed by Bobby Lee Kennedy. (Attachments: #1 Envelope)(File stamped copy with case number sent to Kennedy)(kmt)
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