Comer v. Silverio et al
| Alfred W Comer, Jr |
| Liaw, Barlow and Warden |
| WESTVILLE E-FILE(Court Use Only) |
| 3:2026cv00933 |
| June 24, 2026 |
| U.S. 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 September 8, 2026. A more recent docket listing may be available from PACER.
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Filing 26
MOTION to Order the Defendant to Give Plaintiff a Urine Culture Test by Plaintiff Alfred W Comer, Jr. (kmt)
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Filing 25
ORDER GRANTING #23 and #24 Motions to Withdraw as Attorney. Attorney Carly A Brandenburg and Samantha K Downton ordered WITHDRAWN. Atty Bryan Findley entered his appearance on 7/30/2026 remains as counsel for Dfts. Text entry order by Magistrate Judge Scott J Frankel on 8/3/2026. (ers)
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Filing 24
MOTION to Withdraw as Attorney by Defendant Warden. (Brandenburg, Carly)
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Filing 23
MOTION to Withdraw as Attorney by Defendant Warden. (Downton, Samantha)
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Filing 22
WAIVER OF SERVICE Returned Executed by Liaw. Liaw waiver sent on 6/30/2026, answer due 8/31/2026. (Findley, Bryan)
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Filing 21
NOTICE of Appearance by Bryan R Findley on behalf of Liaw, Warden (Findley, Bryan)
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Filing 20
Docket sheet to be distributed to Alfred W Comer, Jr #101378. (kmt)
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Filing 17
Initial Partial Filing fee: $ 100.24, receipt number SB 7614 (ely)
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Filing 19
Letter from Alfred W Comer, Jr requesting a docket sheet. (kmt)
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Filing 18
NOTICE titled as Exhibits Affidavit by Alfred W Comer, Jr (kmt)
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Filing 16
REPLY to Response to #3 MOTION for Preliminary Injunction filed by Alfred W Comer, Jr. (Attachments: #1 Exhibit, #2 Envelope)(kmt)
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Filing 15
REPLY to Response to #3 MOTION for Preliminary Injunction filed by Alfred W Comer, Jr. (Attachments: #1 Exhibit)(kmt)
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Filing 14
RESPONSE to #5 Opinion and Order, by Alfred W Comer, Jr. (Attachments: #1 Exhibit)(kmt)
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Filing 13
RESPONSE to Motion re #3 MOTION for Preliminary Injunction filed by Warden. (Attachments: #1 Exhibit Ex. A Napules Affidavit, #2 Exhibit Ex. A-1 WCF Med Recs, #3 Exhibit Ex. A-2 Franciscan Rec, #4 Exhibit Ex. A-3 Outside Med Recs, #5 Exhibit Ex. A-4 Med Admin Rec)(Downton, Samantha)
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Filing 12
Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Alfred W Comer, Jr. 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)
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Filing 11
NOTICE of Appearance by Samantha K Downton on behalf of Warden (Downton, Samantha)
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Filing 10
WAIVER OF SERVICE Returned Executed by Warden. Warden waiver sent on 6/30/2026, answer due 8/31/2026. (Brandenburg, Carly)
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Filing 9
NOTICE of Appearance by Carly A Brandenburg on behalf of Warden (Brandenburg, Carly)
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Filing 8
Confirmation received from the Warden of WCF of receipt of #1 Pro Se Complaint, #3 Emergency Motion for Preliminary Injunction, & #5 Opinion and Order. (ely)
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Filing 7
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Dr. Liaw and Medical Provider Barlow. Waiver of Service due by 7/30/2026. (Attachments: #1 Screening Order, #2 Complaint) (ely)
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Filing 6
NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden of Westville Correctional Facility. Waiver of Service due by 7/30/2026. (Attachments: #1 Screening Order, #2 Complaint, #3 Motion for Preliminary Injunction) (ely)
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Filing 5
OPINION AND ORDER: The Court DIRECTS the clerk to add the Warden of Westville Correctional Facility in his official capacity as a party to this action; GRANTS Alfred W. Comer, Jr. leave to proceed against the Warden of Westville Correctional Facility in his official capacity on a claim for permanent injunctive relief in the form of ensuring that Comer is provided with constitutionally adequate medical treatment for his urinary tract infection; GRANTS Alfred W. Comer, Jr. leave to proceed against Dr. Liaw and Medical Provider Barlow in their individual capacities for compensatory and punitive damages for being deliberately indifferent to his serious medical condition by refusing to prescribe an antibiotic to treat his urinary tract infection in June 2026, knowing that he had a urinary tract infection and that another medical provider believed an antibiotic was needed, in violation of the Eighth Amendment; DISMISSES all other claims; DISMISSES Medical Administrator Silverio, IC Medical Provider Williams, and Medical Provider Nicole; DIRECTS the clerk, under 28 U.S.C. 1915(d), to request Waiver of Service from on the Warden of Westville Correctional Facility at the Indiana Department of Correction, with a copy of this order, the complaint (ECF #1 ), and the emergency motion for a preliminary injunction (ECF #3 );) DIRECTS the clerk, under 28 U.S.C. 1915(d), to request Waiver of Service from Dr. Liaw and Medical Provider Barlow at Centurion Health of Indiana, LLC, with a copy of this order and the complaint (ECF #1 ); TAKES UNDER ADVISEMENT Alfred W. Comer's emergency motion for a preliminary injunction (ECF #3 ); DIRECTS the clerk to email a copy of this order, the complaint (ECF #1 ), and the emergency motion for a preliminary injunction (ECF #3 ) to the Warden of Westville Correctional Facility at the Indiana Department of Correction; ORDERS the Warden of Westville Correctional Facility to acknowledge receipt of the email; DIRECTS the clerk to docket receipt of the acknowledgement; ORDERS the Warden of Westville Correctional Facility to file and serve a response to the emergency motion for a preliminary injunction (ECF #3 ), as soon as possible, but no later than 7/7/2026 (with supporting documentation and declarations from other staff as necessary), explaining how Alfred W. Comer's urinary tract infection is being addressed in a manner that comports with the Eighth Amendment's requirements; GRANTS Alfred W. Comer, Jr., until 7/14/2026, to file a reply to the Warden's response; 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, if they do not waive service and it has such information; and ORDERS, under 42 U.S.C. 1997e(g)(2), the Warden of Westville Correctional Facility, Dr. Liaw, and Medical Provider Barlow 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 6/30/2026. (Copy mailed to pro se party; Copy with DE #1 , & #3 emailed as directed in Order)(ely)
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Filing 4
ORDER: The court GRANTS the plaintiff leave to proceed in forma pauperis #2 ; ORDERS the plaintiff, Alfred W. Comer, Jr., IDOC # 101378, to immediately pay (and the facility having custody to automatically remit) $100.24 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 Judge Cristal C Brisco on 6/29/2026. (Copy mailed to pro se party)(amb)
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Filing 3
Emergency MOTION for Preliminary Injunction by Plaintiff Alfred W Comer, Jr. (Attachments: #1 Exhibit)(kmt)
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Filing 2
MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Alfred W Comer, Jr. (kmt)
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Filing 1
PRO SE COMPLAINT against Barlow, Liaw, Nicole, Silverio, Williams, filed by Alfred W Comer, Jr. (Attachments: #1 Exhibit)(File stamped copy with case number sent to Comer)(kmt)
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