OLIVER v. UNITED STATES OF AMERICA

OLIVER v. UNITED STATES OF AMERICA

Plaintiff:	EMMANUEL OLIVER
Defendant:	UNITED STATES OF AMERICA
Case Number:	2:2014cv00366
Filed:	December 2, 2014
Court:	US District Court for the Southern District of Indiana
Office:	Terre Haute Office
Presiding Judge:	William T. Lawrence
Presiding Judge:	William G. Hussmann
Nature of Suit:	Prisoner Petitions - Prison Condition
Cause of Action:	28 U.S.C. § 1331 Federal Question: Bivens Act
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
August 10, 2017	Filing 81 Entry Granting Motion for Summary Judgment - Plaintiff Emmanuel Oliver, a former inmate of the Federal Correctional Institution in Terre Haute, Indiana ("FCI Terre Haute") brought this action alleging that he received inadequate medical c are while confined at that facility. Specifically, Oliver asserts that he should have been, but was not, provided with continuous oxygen therapy because of his lung disease. He also asserts that he was not properly treated for sleep apnea. In his Amended Complaint, filed on April 14, 2015, Oliver asserts claims under the Federal Tort Claims Act ("FTCA") and the Eighth Amendment to the United States Constitution pursuant to the theory recognized in Bivens v. Six Unknown Named Ag ents, 403 U.S. 388 (1971). The defendants move for summary judgment on Oliver's claims and Oliver has responded.1 For the reasons that follow, the motion for summary judgment, [dkt. 64 ] is granted. Judgment consistent with this Entry shall now issue. Copy to plaintiff via US Mail. Signed by Judge William T. Lawrence on 8/10/2017. (RSF)
May 5, 2015	Filing 20 ORDER denying 19 Motion for Expert Witness. The Court has no authority to appoint and pay an expert to assist an indigent litigant in the preparation of a civil suit for damages. The plaintiff's filings in this action reflect that he is ab le to read and write, is educated, and has substantial assistance in pursuing this action. There is no indication that his ability to litigate is limited by any mental or physical disabilities. The plaintiff is aware of the facts surrounding his claims. For these reasons, the motion for counsel [dkt. 16] is denied. SEE ORDER Copy to Plaintiff via US Mail. Signed by Judge William T. Lawrence on 5/5/2015. (AH)

Date Filed

Document Text

August 10, 2017

Filing 81 Entry Granting Motion for Summary Judgment - Plaintiff Emmanuel Oliver, a former inmate of the Federal Correctional Institution in Terre Haute, Indiana ("FCI Terre Haute") brought this action alleging that he received inadequate medical c are while confined at that facility. Specifically, Oliver asserts that he should have been, but was not, provided with continuous oxygen therapy because of his lung disease. He also asserts that he was not properly treated for sleep apnea. In his Amended Complaint, filed on April 14, 2015, Oliver asserts claims under the Federal Tort Claims Act ("FTCA") and the Eighth Amendment to the United States Constitution pursuant to the theory recognized in Bivens v. Six Unknown Named Ag ents, 403 U.S. 388 (1971). The defendants move for summary judgment on Oliver's claims and Oliver has responded.1 For the reasons that follow, the motion for summary judgment, [dkt. 64 ] is granted. Judgment consistent with this Entry shall now issue. Copy to plaintiff via US Mail. Signed by Judge William T. Lawrence on 8/10/2017. (RSF)

May 5, 2015

Filing 20 ORDER denying 19 Motion for Expert Witness. The Court has no authority to appoint and pay an expert to assist an indigent litigant in the preparation of a civil suit for damages. The plaintiff's filings in this action reflect that he is ab le to read and write, is educated, and has substantial assistance in pursuing this action. There is no indication that his ability to litigate is limited by any mental or physical disabilities. The plaintiff is aware of the facts surrounding his claims. For these reasons, the motion for counsel [dkt. 16] is denied. **SEE ORDER** Copy to Plaintiff via US Mail. Signed by Judge William T. Lawrence on 5/5/2015. (AH)

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Plaintiff: EMMANUEL OLIVER
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