SCHWARTZ v. CONNER et al
| JASON SCHWARTZ |
| ATHEY, CHAVEZ, ANN CONNER, ALECIA HUFF, BOBBI RIGGS, ROBTOY and DENVER SMITTY |
| WVCF (Court Use Only) |
| 2:2017cv00345 |
| July 20, 2017 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Mark J. Dinsmore |
| Larry J. McKinney |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
50
Entry Granting Defendants' Motion for Summary Judgment - Jason Schwartz is in the custody of the Indiana Department of Correction (IDOC). He takes medication for seizures and a heart condition. On February 14, 2017, while he was incarcerated a t the Wabash Valley Correctional Facility (WVCF), he suffered some type of seizure. He was taken in handcuffs and chains to the infirmary. There he fell and landed on his face, and medical personnel thought he was on heroin or methamphetamine. He was injected with two doses of Narcan, an opioid overdose treatment, but kept protesting that he was not using drugs. Finally, a drug screening officer arrived and tested Mr. Schwartz's urine, concluding that Mr. Schwartz was not overdosing. Medical personnel then put Mr. Schwartz on suicide watch, where he was held without his clothes or property for over a week until outside drug screens came back clear. He was then removed from suicide watch. Mr. Schwartz asserts that as a result of receiving the multiple Narcan shots when he was not overdosing on opioids, he suffers problems with his eyesight, problems breathing, and loss of use of his left arm. All defendants move for summary judgment contending that Mr. Schwartz failed to exhaust his administrative remedies prior to filing this lawsuit as required by the Prison Litigation Reform Act. Defendants' motion for summary judgment, Dkt. No. 40 , is granted and this action is now dismissed without prejudice. Judgment consistent with this Entry shall now issue. (See Entry.) Signed by Judge William T. Lawrence on 1/17/2018. (RSF)
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Filing
6
ENTRY - The Court has identified the only viable federal constitutional claims and state law supplemental claims presented in plaintiff's complaint. Should plaintiff believe the Court has overlooked a claim or defendant, he shall have thro ugh August 22, 2017, to notify the Court. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants (1) Sgt. Attley, (2) C/O Smitty, (3) Nurse Bobbi, (4) Nurse Connor, (5) Dr. Chavez, (6) Dr. Robtoy, and (7) Al ecia Huff 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 Entry (SEE ENTRY). Copies distributed pursuant to distribution list. Signed by Judge Larry J. McKinney on 7/26/2017.(DW)
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