Smith v. Marthakis et al
Plaintiff: Douglas D Smith and Douglas Dwayne Smith
Defendant: Nancy Marthakis, Ron Neal, Sherri Fritter, Brenda, Kim Pflughaupt, Karen Fagan, Joshua Wallen, John Doe and Jane Doe
Not Classified By Court: INDIANA STATE PRISON E-FILE (Court Use Only)
Case Number: 3:2023cv00216
Filed: March 16, 2023
Court: U.S. District Court for the Northern District of Indiana
Presiding Judge: Jon E DeGuilio
Referring Judge: John E Martin
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 14, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 1, 2023 Opinion or Order Filing 15 WAIVER OF SERVICE Returned Executed by Ron Neal. Ron Neal waiver sent on 3/31/2023, answer due 5/30/2023. (Tront, Julie)
May 1, 2023 Opinion or Order Filing 14 NOTICE of Appearance by John R Oosterhoff on behalf of Ron Neal (Oosterhoff, John)
May 1, 2023 Opinion or Order Filing 13 NOTICE of Appearance by Julie Tront on behalf of Ron Neal (Tront, Julie)
April 26, 2023 Opinion or Order Filing 12 WAIVER OF SERVICE Returned Executed by Brenda, Nancy Marthakis, Kim Pflughaupt, Karen Fagan. Brenda waiver sent on 3/30/2023, answer due 5/30/2023; Nancy Marthakis waiver sent on 3/30/2023, answer due 5/30/2023; Kim Pflughaupt waiver sent on 3/30/2023, answer due 5/30/2023; Karen Fagan waiver sent on 3/30/2023, answer due 5/30/2023. (Binford, Laura)
April 26, 2023 Opinion or Order Filing 11 NOTICE of Appearance by Jaclyn M Flint on behalf of Brenda, Karen Fagan, Nancy Marthakis, Kim Pflughaupt (Flint, Jaclyn)
April 26, 2023 Opinion or Order Filing 10 NOTICE of Appearance by Laura K Binford on behalf of Brenda, Karen Fagan, Nancy Marthakis, Kim Pflughaupt (Binford, Laura)
March 31, 2023 Opinion or Order Filing 9 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden Ron Neal. Waiver of Service due by 5/1/2023. (Attachments: #1 Opinion and Order, #2 Complaint, #3 Order) (mrm)
March 31, 2023 Opinion or Order Filing 8 ORDER: The court sua sponte DIRECTS the Clerk of Court 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) Warden Ron Neal at Indiana Department of Correction and to send him a copy of the Order at #6 and the complaint pursuant to 28 U.S.C. 1915(d); and ORDERS Indiana Department of Correction to provide the United States Marshals Service with the full name, date of birth, and last known home address of any defendant who does not waive service, to the extent this information is available. Signed by Magistrate Judge John E Martin on 3/31/2023. (mrm)
March 30, 2023 Opinion or Order Filing 7 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Nurse Brenda, Dr. Nancy Marthakis, Nurse Practitioner Kim Pflughaupt, and Nurse Practitioner Karen Fagan. Waiver of Service due by 5/1/2023. (Attachments: #1 Order, #2 Complaint, #3 Exhibit) (ash)
March 30, 2023 Opinion or Order Filing 6 OPINION AND ORDER: The Court GRANTS the plaintiff leave to proceed against Nurse Brenda (last name unknown), Dr. Nancy Marthakis, Nurse Practitioner Kim Pflughaupt, and Nurse Practitioner Karen Fagan in their individual capacities for money damages for denying him medication to adequately manage his pain from Reflex Sympathetic Dystrophy in violation of the Eighth Amendment; GRANTS the plaintiff leave to proceed against Warden Ron Neal in his official capacity to obtain constitutionally adequate medical care to address the pain from Reflex Sympathetic Dystrophy; DISMISSES all other claims; DISMISSES Sherri Fritter, Joshua Wallen, John Doe, and Jane Doe as defendants; 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 Brenda (last name unknown), Dr. Nancy Marthakis, Nurse Practitioner Kim Pflughaupt, and Nurse Practitioner Karen Fagan at Centurion Health and to send them a copy of this order and the complaint pursuant to 28 U.S.C. 1915(d); ORDERS 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 this information is available; and ORDERS Nurse Brenda (last name unknown), Dr. Nancy Marthakis, Nurse Practitioner Kim Pflughaupt, Nurse Practitioner Karen Fagan, and Warden Ron Neal to respond, as provided 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 3/30/2023. (ash)
March 27, 2023 Opinion or Order Filing 5 Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Douglas D Smith. 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. (kmt)
March 27, 2023 Opinion or Order Filing 4 Initial Filing fee: $ 34.91, receipt number 673. (rmf)
March 20, 2023 Opinion or Order Filing 3 ORDER granting #2 Motion for Leave to Proceed in forma pauperis; ORDERS the plaintiff, Douglas D. Smith, IDOC # 975279, to immediately pay (and the facility having custody to automatically remit) $34.91 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 3/20/23. (Copy mailed to pro se party and Indiana State Prison as directed in Order). (nhc)
March 16, 2023 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Douglas D Smith. (kmt)
March 16, 2023 Opinion or Order Filing 1 PRO SE COMPLAINT with Jury Demand against Brenda, Jane Doe, John Doe, Karen Fagan, Sherri Fritter, Nancy Marthakis, Ron Neal, Kim Pflughaupt, Joshua Wallen, filed by Douglas D Smith. (Attachments: #1 Exhibit)(File stamped copy with case number sent to Smith)(kmt)

Access additional case information on PACER

Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.

Access this case on the Indiana Northern District Court's Electronic Court Filings (ECF) System

Search for this case: Smith v. Marthakis et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Douglas D Smith
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Douglas Dwayne Smith
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Nancy Marthakis
Represented By: Laura K Binford
Represented By: Jaclyn M Flint
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Ron Neal
Represented By: John R Oosterhoff
Represented By: Julie Tront
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Sherri Fritter
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Brenda
Represented By: Jaclyn M Flint
Represented By: Laura K Binford
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Kim Pflughaupt
Represented By: Laura K Binford
Represented By: Jaclyn M Flint
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Karen Fagan
Represented By: Jaclyn M Flint
Represented By: Laura K Binford
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Joshua Wallen
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: John Doe
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Jane Doe
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Not classified by court: INDIANA STATE PRISON E-FILE (Court Use Only)
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?