Cotto v. Reagle et al
| David Cotto and David C Cotto |
| Tori Halcarz and Smiley |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2024cv00921 |
| November 12, 2024 |
| US District Court for the Northern District of Indiana |
| Cristal C Brisco |
| Scott J Frankel |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on January 9, 2025. A more recent docket listing may be available from PACER.
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Filing 22
WAIVER OF SERVICE Returned Executed by Smiley. Smiley waiver sent on 11/18/2024, answer due 1/17/2025. (Mauk, Allison)
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Filing 21
ORDER DENYING as Duplicative #16 Motion for Copy of Preliminary Injunction and Attached Documents; DENYING #17 Motion to Amend Complaint.Signed by Magistrate Judge Scott J Frankel on 1/8/25. (lap)
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Filing 20
OPINION AND ORDER: The Court DENIES the plaintiff's motion for a preliminary injunction ECF #3 ; DENIES the plaintiffs motion to reconsider the screening order ECF #10 . Signed by Judge Cristal C Brisco on 1/6/2025. (ely)
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Filing 19
RESPONSE to Motion re #3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Smiley. (Attachments: #1 Exhibit A: Declaration of Deputy Warden Kenneth Gann, #2 Exhibit B: Declaration of Unit Team Manager Tracy Cornett, #3 Exhibit C: Mr. Cottos Location History, #4 Exhibit D: Incident Report 10/16/2024, #5 Exhibit E: WCU Mental Health Intake Assessment 5/8/2024, #6 Exhibit F: Cell-Front Mental Health Visit Records, #7 Exhibit G: Out of Cell Mental Health Visit Records, #8 Exhibit H: Medication Management without Psychotherapy 6/25/2024, #9 Exhibit I: Medical Management without Psychotherapy 10/31/2024, #10 Exhibit J: Out of Cell Visit & Suicide Assessment 12/12/2024, #11 Exhibit K: Chart Updates, #12 Exhibit L: Nurse Visits, #13 Exhibit M: Requests for Healthcare, #14 Exhibit N: IDOC Policy: Operation Directive 02-27 Suicide and Self-Mutilation (Self-Injury) Prevention Plan/Suicide Companion, #15 Exhibit O: IDOC Policy: Health Care Services Directive 4.06A Suicide and Self- Self-Mutilation (Self-Injury))(Mauk, Allison)
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Filing 17
Emergency MOTION to Amend #1 Pro Se Complaint by Plaintiff David Cotto. (Attachments: #1 Proposed Amended Complaint)(nae)
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Filing 16
MOTION for a Copy of Preliminary Injunction and Attached Documents by Plaintiff David Cotto. (nae)
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Filing 15
ORDER GRANTING in part and DENYING in part #4 Motion. The clerk is DIRECTED to send the plaintiff a copy of his motion for a preliminary injunction ECF #3 and supporting brief ECF #3 -1.Signed by Magistrate Judge Scott J Frankel on 12/11/24. (Copy mailed to pro se party)(lap)
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Filing 18
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by David Cotto. 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. (ely)
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Filing 14
WAIVER OF SERVICE Returned Executed by Tori Halcarz. Tori Halcarz waiver sent on 11/18/2024, answer due 1/17/2025. (Osborne, Katie)
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Filing 13
NOTICE of Appearance by Katie R Osborne on behalf of Tori Halcarz (Osborne, Katie)
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Filing 12
NOTICE of Appearance by Beau Browning on behalf of Tori Halcarz (Browning, Beau)
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Filing 11
RECEIPT of Prisoner Motion to Proceed in forma pauperis from David Cotto. (Previously granted pursuant to DE #5 ) (kmt)
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Filing 10
MOTION for Reconsideration of Initial Screening re #6 Opinion and Order, by Plaintiff David Cotto. (Attachments: #1 Cover letter, #2 Envelope)(kmt)
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Filing 9
NOTICE of Appearance by Erica L Sawyer on behalf of Smiley (Sawyer, Erica)
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Filing 8
NOTICE of Appearance by Allison F Mauk on behalf of Smiley (Mauk, Allison)
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Filing 7
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Tori Halcarz, Smiley. Waiver of Service due by 12/18/2024. (Attachments: #1 DE #6 Opinion and Order, #2 DE #1 Complaint, #3 DE #3 Motion) (kmt)
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Filing 6
OPINION AND ORDER: GRANTS the plaintiff leave to proceed against Tori Halcarz in her personal capacity for money damages for deliberate indifference to his mental health issues and thoughts of suicide while in Westville Control Unit in violation of the Eighth Amendment; GRANTS the plaintiff leave to proceed against the Warden of Westville Correctional Facility in his official capacity for injunctive relief related to his ongoing need for mental health treatment and thoughts of suicide; DISMISSES John or Jane Doe IDOC Director of Mental Health Central Office, John or Jane Doe IDOC Executive Director of Mental Health Central Office, John or Jane Doe Director of Mental Health Westville Correctional Facility, and Wexford of Indiana as defendants for the reasons outlined; DISMISSES WITHOUT PREJUDICE the plaintiffs claims against Christina Reagle, Bill Wilson, Jack Hendrix, Brian English, Aaron Smith, Katina Murray, Montrel McGee, Nathanael Angle, Niles Wise, Joshua Snow, Baili Appleton, Lauren Rogers, Dennis Sipe, Ms. Martinez, Mr. Johnson, Ryder Stoff, Tracy Cornett, Mr. Rippe, Ms. Mapps, Mr. Watts, and Ms. Ivers as unrelated; DISMISSES all other claims; 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 of Westville Correctional Facility by email to the Indiana Department of Correction with a copy of this order, the complaint (ECF #1 ), and the motion for a preliminary injunction (ECF #3 ) pursuant to 28 U.S.C. 1915(d); DIRECTS the clerk to fax or email a copy of the same documents to the Warden of Westville Correctional Facility 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) Tori Halcarz at Centurion Health and to send her a copy of this order and the complaint (ECF #1 ) 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 the Warden to file and serve a response to the plaintiffs motion for a preliminary injunction no later than 12/18/2024, with supporting documentation and declarations from staff as necessary, addressing the plaintiffs current mental health status, including whether he poses a risk of suicide, and the steps being taken to address these issues; and ORDERS the Warden and Tori Halcarz 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 Judge Cristal C Brisco on 11/15/2024. (Copy mailed as directed in Order)(kmt)
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Filing 5
ORDER: GRANTS the plaintiff leave to proceed in forma pauperis (ECF #2 ); WAIVES the initial partial filing fee; ORDERS the plaintiff, David Cotto, IDOC # 201645, BOP # 16360-027, 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; DIRECTS 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 Judge Cristal C Brisco on 11/15/2024. (Copy mailed to pro se party and Westville Correctional Facility as directed in Order)(kmt)
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Filing 4
MOTION for Copy of Complaint and Preliminary Injunction/TRO and all accompanying documents by Plaintiff David Cotto. (kmt)
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Filing 3
MOTION for Preliminary Injunction and Temporary Restraining Order by Plaintiff David Cotto. (Attachments: #1 Brief in Support)(kmt)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Plaintiff David Cotto. (kmt)
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Filing 1
PRO SE COMPLAINT against Nathanael Angle, Baili Appleton, Tracy Cornett, John or Jane Doe(IDOC Executive Director of Mental Health Central Office Official), John or Jane Doe(IDOC Director of Mental Health Central Office Official), John or Jane Doe(Director of Mental Health Westville Correctional Facility), Brian English, Tori Halcarz, Jack Hendrix, Ivers, Johnson, Mapps, Martinez, Montrel McGee, Katina Murray, Christina Reagle, Rippe, Lauren Rogers, Dennis Sipe, Smiley, Aaron Smith, Joshua Snow, Ryder Stoff, Watts, Wexford of Indiana, Bill Wilson, Niles Wise, filed by David Cotto. (File stamped copy with case number sent to Cotto) (Attachments: #1 Exhibit, #2 Envelope)(kmt)
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