GIBSON v. RANKIN et al
| LIONEL GIBSON |
| TIMOTHY BARTH, RICHARD BROWN, JOHN B. CLARKSON, FRANCES E. DWYER, MARLA GADBERRY, ESTHER HINTON, LOLIT JOSEPH, M.D. ANDREW LIAW, MARY RANKIN, MICHAEL ROGAN, JEFFERY SMITH and ROSE VAISVILAS |
| 2:2014cv00280 |
| September 15, 2014 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Jane Magnus-Stinson |
| William G. Hussmann |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
185
Entry Discussing Defendants' Amended Motion for Summary Judgment: The defendants' motion for summary judgment [dkt. 127 ] is granted in part and denied in part. Ms. Gadberry is entitled to judgment in her favor on all claims. There are material facts in dispute regarding the Eighth Amendment claims against Dr. Joseph and Dr. Clarkson such that summary judgment in their favor must be denied. The claims against Dr. Joseph and Dr. Clarkson shall proceed in this action. Thes e claims shall be resolved either by settlement or trial. The Court will renew its efforts to recruit counsel to represent the plaintiff in this action ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Copy sent to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 10/20/2016. (DW)
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Filing
172
ENTRY Discussing Defendant's Motion for Summary Judgment as to State Law Medical Malpractice Claims - The defendants' motion for summary judgment [dkt. 127 ] is granted to the extent that the state law medical malpractice claims against Dr . Joseph, Dr. Rogan, Dr. Barth, and Dr. Clarkson are dismissed without prejudice for lack of jurisdiction. As a result all claims against Dr. Rogan and Dr. Barth have been resolved. The clerk is directed to terminate these two defendants on the docke t. There is no evidence to suggest that Marla Gadberry or Esther Hinton are qualified health care providers or that they are entitled to any relief under the Indiana Medical Malpractice Act. This Entry does not resolve all claims against all parties. The remaining claims remain under advisement. See Entry for details. Copy sent to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 6/2/2016. (MAG)
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Filing
111
Entry Discussing Defendant Hinton's Motion to Dismiss - Defendant Esther Hinton seeks dismissal of all the claims alleged against her pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Ms. Hinton argues that dismissal is appr opriate because the amended complaint makes no factual allegations that would put Ms. Hinton on notice that she violated state or federal law. Ms. Hinton's motion to dismiss [dkt. 62] is denied. The Eighth Amendment and state law negligence claim against Ms. Hinton shall proceed. Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 11/4/2015. (RSF)
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Filing
11
ENTRY Discussing Complaint, Dismissing Certain Claims, and Directing Further Proceedings - A single viable claim for relief was identified by the Court in screening the complaint. Specifically, the claim that Dr. Joseph was deliberately indifferent to Gibson's serious medical needs in violation of the Eighth Amendment shall proceed as submitted. All other claims are dismissed for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915A(b). No partial final judgment shall issue at this time as to the claims resolved in this Entry. Dr. Lolit Joseph has not appeared in this action. Counsel for defendants Mary Rankin, Marla Gadberry, Timothy Barth, M.D., Andrew Liaw, M.D., Michael Rogan, M.D., an d Jeffery Smith, M.D. shall have seven (7) business days from the date of issuance of this Entry in which file Dr. Lolit Joseph's last known address ex parte. By filing the address using the ex parte event, the information will not posted on the Court's public docket and cannot be accessed via the Court's Pacer system. A Notice of Electronic Filing is distributed only to counsel for the filing party. Gibson is notified that if a viable address is provided as directed, the Court will attempt to assist Gibson with serving Dr. Joseph with notice of this action. **SEE ENTRY** Copy mailed to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 10/3/2014. (AH)
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