Brier v. Centurion Health of Indiana et al
| Jacob C Brier and Jacob Brier |
| Centurion Health of Indiana, Andrew Liaw, Katie Jacobs, Tracy Cornett, Jason Smiley, Rippe and Cornett |
| 3:2025cv00320 |
| April 14, 2025 |
| U.S. District Court for the Northern District of Indiana |
| Holly A Brady |
| Susan L Collins |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on June 9, 2025. A more recent docket listing may be available from PACER.
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Filing 19
REPLY to Response to #3 MOTION for Preliminary Injunction filed by Jacob C Brier. (Attachments: #1 Exhibit, #2 Envelope)(kmt)
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Set Deadlines per #18 Waiver, Defendants Cornett, Tracy Cornett, Rippe, and Jason Smiley Answers due by 6/23/2025. (ash)
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Filing 18
WAIVER by Cornett, Tracy Cornett, Rippe, Jason Smiley of Service of Summons. (Alvarez, Gerardo)
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Filing 17
NOTICE of Appearance by Lisa G Arnold on behalf of Centurion Health of Indiana, Katie Jacobs, Andrew Liaw (Arnold, Lisa)
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Filing 16
Corporate Disclosure Statement by Centurion Health of Indiana identifying Corporate Parent MHM Services Inc, Corporate Parent Centurion, LLC, Corporate Parent centurion equity inc for Centurion Health of Indiana.. (Dillon, Carol)
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Filing 15
WAIVER OF SERVICE Returned Executed by Katie Jacobs, Centurion Health of Indiana, Andrew Liaw. Katie Jacobs waiver sent on 4/24/2025, answer due 6/23/2025; Centurion Health of Indiana waiver sent on 4/24/2025, answer due 6/23/2025; Andrew Liaw waiver sent on 4/24/2025, answer due 6/23/2025. (Dillon, Carol)
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Filing 14
NOTICE of Appearance by Carol A Dillon on behalf of Centurion Health of Indiana, Katie Jacobs, Andrew Liaw (Dillon, Carol)
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Filing 13
RESPONSE to Motion re #3 MOTION for Preliminary Injunction filed by Jason Smiley. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4)(Alvarez, Gerardo)
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Filing 12
Partial Filing fee: $ 30.00, receipt number SB 5193 (kmt)
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Filing 11
NOTICE of Appearance by Gerardo Alvarez on behalf of Cornett, Tracy Cornett, Rippe, Jason Smiley (Alvarez, Gerardo)
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Filing 10
NOTICE of Appearance by Kyle G Grothoff on behalf of Cornett, Tracy Cornett, Rippe, Jason Smiley (Grothoff, Kyle)
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Filing 9
Confirmation received from Warden of Westville Correctional, verifying receipt of DE #1 , #3 , and #7 . (sej)
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Filing 8
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden Smiley, WCU Complex Manager Tracy Cornett, Correctional Major Mr. Cornett, and Correctional Captain Mr. Rippe at the Indiana Department of Correction; and Dr. Liaw, Nurse Katie Jacobs, Centurion Health of Indiana at Centurion Health of Indiana, LLC. Waiver of Service due by 5/27/2025. (Attachments: #1 Opinion and Order, #2 Complaint) (sej)
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Filing 7
OPINION AND ORDER: The court GRANTS Jacob C. Brier leave to proceed against Warden Smiley in his official capacity for permanent injunctive relief to receive constitutionally adequate medical treatment for scoliosis and associated pain, as required by the Eighth Amendment; GRANTS Jacob C. Brier leave to proceed against Dr. Liaw in his individual capacity for monetary damages for deliberate indifference to his medical needs stemming from scoliosis and associated pain, by denying Brier both a back brace, pain medication, or a referral to an outside medical provider who could offer other solutions to Briers pain, in violation of the Eighth Amendment; GRANTS Jacob C. Brier leave to proceed against Nurse Katie Jacobs in her individual capacity for monetary damages for retaliating against Brier by threatening to deny him all access to medical care and destroy future requests for medical care, and by labeling him as a snitch, in violation of the First Amendment; GRANTS Jacob C. Brier leave to proceed against Nurse Katie Jacobs in her individual capacity for monetary damages for intentional infliction of emotional distress, by making comments designed to terrorize him by threatening to withhold access to medical care and labeling him a snitch, in violation of Indiana law; GRANTS Jacob C. Brier leave to proceed against WCU Complex Manager Tracy Cornett in her individual capacity for monetary damages for retaliating against him by withholding an extra mat and threatening to keep in him in restricted housing beyond the date on which he would have otherwise been released from restrictive housing, in violation of the First Amendment; GRANTS Jacob C. Brier leave to proceed against Correctional Captain Mr. Rippe in his individual capacity for monetary damages for labeling Brier a snitch in front of other inmates, in violation of the First Amendment; GRANTS Jacob C. Brier leave to proceed against Correctional Major Mr. Cornett in her individual capacity for monetary damages for retaliating against him by threatening other inmates with daily shakedowns if they did not let [Brier] have it, and encouraging other officers to mess with Briers food in some unspecified way in violation of the First Amendment; GRANTS Jacob C. Brier leave to proceed against Centurion Health of Indiana, LLC, for monetary damages for having a policy of denying all back braces to inmates in restrictive housing, including those using Velcro, without considering the nature of the medical need and without a legitimate reason, resulting in a violation of Briers right to constitutionally adequate medical care under the Eighth Amendment; DISMISSES all other claims; DISMISSES Nurse Dawn Schilling, Nurse Ms. Bryan, Nurse Ms. Jenkins, Nurse Ms. Hudson, and Nurse Ms. Reese, and the Indiana Department of Correction; 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) Warden Smiley, WCU Complex Manager Tracy Cornett, Correctional Major Mr. Cornett, and Correctional Captain Mr. Rippe at the Indiana Department of Correction, with a copy of this order and the complaint #1 ; 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. Liaw, Nurse Katie Jacobs, and Centurion Health of Indiana, at Centurion Health of Indiana, LLC, with a copy of this order and the complaint #1 ; TAKES UNDER ADVISEMENT Jacob C. Briers Motion for Preliminary Injunction #3 ; DIRECTS the Clerk to fax or email a copy of this order, the complaint #1 and Motion for Preliminary Injunction #3 to Warden Smiley of the Westville Correctional Facility; ORDERS Warden Smiley of the Westville Correctional Facility to respond to the request for preliminary injunction and file an affidavit or declaration with the court (with supporting documentation and declarations from other staff as necessary), explaining how Jacob C. Briers serious medical needs related to scoliosis and associated pain are being treated in a manner that comports with the Eighth Amendments requirements by 5/19/2025; GRANTS Jacob C. Brier until 6/16/2025, to file a reply to the Wardens response; Signed by Chief Judge Holly A Brady on 4/23/2025. (Copy mailed to pro se party, and copy or order, complaint #1 , and motion for preliminary injunction #5 emailed to Warden at Westville Correctional) (sej) Modified on 4/24/2025 to add routing to warden (sej).
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Filing 6
Confirmation received from Warden of Westville Correctional Facility, verifying receipt of DE #1 and #5 . (ely)
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Filing 5
ORDER: The Court DIRECTS the clerk to fax or email a copy of the complaint ECF #1 to the Westville Correctional Facility Warden at the Westville Correctional Facility; and DIRECTS the clerk to make a docket notation upon receiving confirmation of receipt of those deliveries. Signed by Chief Judge Holly A Brady on 4/15/2025. (Copy mailed to pro se party; Copy emailed with DE #1 to Warden)(ely)
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Filing 4
ORDER: The Court GRANTS the plaintiff leave to proceed in forma pauperis ECF #2 ; WAIVES the initial partial filing fee; ORDERS the plaintiff, Jacob C. Brier, IDOC # 228552, 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 Holly A Brady on 4/15/2025. (Copy mailed to pro se party and Westville Correctional Facility)(ely)
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Filing 3
MOTION for Preliminary Injunction by Plaintiff Jacob C Brier. (kmt)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Plaintiff Jacob C Brier. (kmt)
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Filing 1
PRO SE COMPLAINT against Bryan, Centurion Health of Indiana, Cornett, Tracy Cornett, Hudson, Indiana Department of Corrections, Katie Jacobs, Jenkins, Andrew Liaw, Reese, Rippe, Dawn Schilling, Jason Smiley, filed by Jacob C Brier. (Attachments: #1 Exhibit, #2 Envelope)(File stamped copy with case number sent to Brier)(kmt)
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