GABBARD v. ASHER et al
| TIMOTHY GABBARD |
| SWICK, NEWBY, DINSMUKES, SPANN #1, TOMES, SGT. MILLER, ASHER, GRIMM, CLARK, LT. CHRISTMAS, CHILDERS, SPANN #2, PENROD, PETERSON and HINTZ |
| 1:2020cv00906 |
| March 18, 2020 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Sarah Evans Barker |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on April 22, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 WAIVER OF SERVICE Returned Executed, filed by TIMOTHY GABBARD. CHILDERS waiver sent on 3/25/2020. (Submitted by Alan Wilson in behalf attorney James S. Stephenson) (Attachments: #1 Envelope) (CKM) |
| Filing 24 WAIVER OF SERVICE Returned Executed, filed by HINTZ. HINTZ waiver sent on 3/25/2020. (Stephenson, James) |
| Filing 23 DEMAND for Trial by Jury, filed by Defendant HINTZ. (Stephenson, James) |
| Filing 22 NOTICE of Appearance by James S. Stephenson on behalf of Defendant HINTZ. (Stephenson, James) |
| Filing 21 WAIVER OF SERVICE Returned Executed, filed by TOMES, CHRISTMAS, DINSMUKES, SPANN #2, NEWBY, ASHER, SWICK, GRIMM, SPANN #1, MILLER, PENROD, PETERSON, CLARK. PETERSON waiver sent on 3/25/2020. (Stephenson, James) |
| Filing 20 WAIVER OF SERVICE Returned Executed, filed by TOMES, CHRISTMAS, DINSMUKES, SPANN #2, NEWBY, ASHER, SWICK, GRIMM, SPANN #1, MILLER, PENROD, PETERSON, CLARK. SWICK waiver sent on 3/25/2020. (Stephenson, James) |
| Filing 19 WAIVER OF SERVICE Returned Executed, filed by TOMES, CHRISTMAS, DINSMUKES, SPANN #2, NEWBY, ASHER, SWICK, GRIMM, SPANN #1, MILLER, PENROD, PETERSON, CLARK. GRIMM waiver sent on 3/25/2020. (Stephenson, James) |
| Filing 18 WAIVER OF SERVICE Returned Executed, filed by TOMES, CHRISTMAS, DINSMUKES, SPANN #2, NEWBY, ASHER, SWICK, GRIMM, SPANN #1, MILLER, PENROD, PETERSON, CLARK. NEWBY waiver sent on 3/25/2020. (Stephenson, James) |
| Filing 17 WAIVER OF SERVICE Returned Executed, filed by TOMES, CHRISTMAS, DINSMUKES, SPANN #2, NEWBY, ASHER, SWICK, GRIMM, SPANN #1, MILLER, PENROD, PETERSON, CLARK. PENROD waiver sent on 3/25/2020. (Stephenson, James) |
| Filing 16 WAIVER OF SERVICE Returned Executed, filed by TOMES, CHRISTMAS, DINSMUKES, SPANN #2, NEWBY, ASHER, SWICK, GRIMM, SPANN #1, MILLER, PENROD, PETERSON, CLARK. SPANN #2 waiver sent on 3/25/2020. (Stephenson, James) |
| Filing 15 WAIVER OF SERVICE Returned Executed, filed by TOMES, CHRISTMAS, DINSMUKES, SPANN #2, NEWBY, ASHER, SWICK, GRIMM, SPANN #1, MILLER, PENROD, PETERSON, CLARK. SPANN #1 waiver sent on 3/25/2020. (Stephenson, James) |
| Filing 14 WAIVER OF SERVICE Returned Executed, filed by TOMES, CHRISTMAS, DINSMUKES, SPANN #2, NEWBY, ASHER, SWICK, GRIMM, SPANN #1, MILLER, PENROD, PETERSON, CLARK. DINSMUKES waiver sent on 3/25/2020. (Stephenson, James) |
| Filing 13 WAIVER OF SERVICE Returned Executed, filed by TOMES, CHRISTMAS, DINSMUKES, SPANN #2, NEWBY, ASHER, SWICK, GRIMM, SPANN #1, MILLER, PENROD, PETERSON, CLARK. TOMES waiver sent on 3/25/2020. (Stephenson, James) |
| Filing 12 WAIVER OF SERVICE Returned Executed, filed by TOMES, CHRISTMAS, DINSMUKES, SPANN #2, NEWBY, ASHER, SWICK, GRIMM, SPANN #1, MILLER, PENROD, PETERSON, CLARK. CLARK waiver sent on 3/25/2020. (Stephenson, James) |
| Filing 11 WAIVER OF SERVICE Returned Executed, filed by TOMES, CHRISTMAS, DINSMUKES, SPANN #2, NEWBY, ASHER, SWICK, GRIMM, SPANN #1, MILLER, PENROD, PETERSON, CLARK. MILLER waiver sent on 3/25/2020. (Stephenson, James) |
| Filing 10 WAIVER OF SERVICE Returned Executed, filed by TOMES, CHRISTMAS, DINSMUKES, SPANN #2, NEWBY, ASHER, SWICK, GRIMM, SPANN #1, MILLER, PENROD, PETERSON, CLARK. CHRISTMAS waiver sent on 3/25/2020. (Stephenson, James) |
| Filing 9 WAIVER OF SERVICE Returned Executed, filed by TOMES, CHRISTMAS, DINSMUKES, SPANN #2, NEWBY, ASHER, SWICK, GRIMM, SPANN #1, MILLER, PENROD, PETERSON. ASHER waiver sent on 3/25/2020. (Stephenson, James) |
| Filing 8 DEMAND for Trial by Jury, filed by Defendants ASHER, CHRISTMAS, CLARK, DINSMUKES, GRIMM, MILLER, NEWBY, PENROD, PETERSON, SPANN #1, SPANN #2, SWICK, TOMES. (Stephenson, James) |
| Filing 7 NOTICE of Appearance by James S. Stephenson on behalf of Defendants ASHER, CHRISTMAS, CLARK, DINSMUKES, GRIMM, MILLER, NEWBY, PENROD, PETERSON, SPANN #1, SPANN #2, SWICK, TOMES. (Stephenson, James) |
| Filing 6 NOTICE of Lawsuit & Waiver Issued by Clerk. (CKM) |
Filing 5
ORDER - Granting #2 Motion for Leave to Proceed in Forma Pauperis, Screening Complaint, and Directing Issuance and Service of Process ; Mr. Gabbards complaint states a federal constitutional claim against all named defendants and shall proceed. If Mr. Gabbard is a convicted offender, his claims shall proceed under the Eighth Amendment deliberate indifference standard. Id. If he is a pretrial detainee, his claims shall proceed under the Fourteenth Amendment on an objective reasonableness standard. See Miranda v. County of Lake, (applying objective unreasonableness inquiry to pretrial detainees medical care claim). Mr. Gabbard shall inform the Court when the defendants full names are known so that the docket may be amended to reflect correct identities. No later than when the defendants file a responsive pleading to the complaint, they shall also identify themselves by their full names. Issuance and Service of Process The clerk is directed pursuant to Federal Rule of Civil Procedure 4(c)(3) to issue process to defendants Sheriff Asher, Lt. Christmas, and Deputy Miller, Deputy Clark, Deputy Tomes, Deputy Dismukes, Deputy Spann #1, Deputy Spann #2, Deputy Penrod, Deputy Hintz, Deputy Newby, Deputy Childers, Deputy Grimm, Deputy Swick, and Deputy Peterson in the manner specified by Rule 4(d). Process shall consist of the complaint, dkt. #1 , applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order. Signed by Judge Sarah Evans Barker on 3/25/2020. Copies Mailed.(CKM) Modified on 3/25/2020 (CKM).
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| Filing 4 NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. Copy distributed to Plaintiff via US Mail. (TMC) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (TMC) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff TIMOTHY GABBARD. (Attachments: #1 Letter Regarding Trust Account Summary, #2 Envelope)(TMC) |
| Filing 1 COMPLAINT against ASHER, CHILDERS, CHRISTMAS, CLARK, DINSMUKES, GRIMM, HINTZ, MILLER, NEWBY, PENROD, PETERSON, SPANN #1, SPANN #2, SWICK, TOMES, filed by TIMOTHY GABBARD. (No fee paid with this filing) (Attachments: #1 Envelope)(TMC) |
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