CAPLER v. SAMUEL et al
| JEFFERY CAPLER, JR. |
| ANNE M. CONNER, MARY RANKIN, REGINA J. ROBINSON, BYRD SAMUEL and WEXFORD |
| 2:2017cv00480 |
| October 17, 2017 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Mark J. Dinsmore |
| William T. Lawrence |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
62
Entry Granting Defendants' Motion for Summary Judgment - On October 17, 2017, Plaintiff Jeffery L. Capler, Jr., filed this civil action alleging that his Eighth Amendment rights were violated by the defendants while he was incarcerated at the Wabash Valley Correctional Facility. The evidence shows Mr. Capler was never diagnosed with any serious or significant abnormality, even after he transferred out of the Wabash Valley Correctional Facility. As such, this is not a case where the Mr . Capler had some undiagnosed or serious medical condition that was overlooked by the defendants. However, even assuming that Mr. Capler's neck, shoulder, arm and hand pain were sufficiently serious, there is no evidence that any defendant wa s deliberately indifferent to Mr. Capler's pain or responsible for the delay in having him evaluated by a doctor. Defendants Anne Conner, Mary Rankin, Regenia Robinson and Samuel Byrd, M.D., are entitled to judgment in their favor as a matte r of law. The Joint Motion for Summary Judgment pursuant to Rule 56 of The Federal Rules of Civil Procedure, dkt. 52 , is granted. Final judgment consistent with this Entry shall now issue. (See Entry.) Signed by Judge James R. Sweeney II on 7/25/2019. (DMW)
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Filing
43
ORDER - Accordingly, the motion for summary judgment, Dkt. No. 28 is denied. The defendants shall have through June 20, 2018, in which to notify the Court in writing that they have either abandoned their affirmative defense of exhaustion or request a hearing to resolve the factual disputes detailed above (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge William T. Lawrence on 6/6/2018. (DW) Modified on 6/6/2018 (DW).
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Filing
7
ENTRY - Accordingly, claims against Wexford Corporation are dismissed. The clerk is directed to update the docket to reflect that Wexford Corporation is no longer a defendant in this action. The clerk is designated pursuant to Fed. R. Civ. P. 4 (c)(3) to issue process to defendants (1) Dr. Samuel Byrd, (2) Nurse Regina Robinson, (3) Nurse Anne M. Conner, and (4) Ms. Mary Rankin in the manner specified by Fed. R. Civ. P. 4(d). Process shall consist of the complaint (docket 1), appli cable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry (SEE ENTRY). Signed by Judge William T. Lawrence on 11/15/2017. Copies distributed pursuant to distribution list. (DW)
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