JESTER v. WEXFORD MED. SERV. et al
| RICKY JESTER |
| DR. BRIAN BULLER, DR. SAMUAL BYRD, CORIZON MED. SERV., NURSE KIM HOBSON, DR. JIMERSON, DR. CARL KUENZLI, DR. MICHAEL MITCHEFF, DR. PEARCY and WEXFORD MED. SERV. |
| WVCF (Court Use Only) |
| 2:2018cv00131 |
| March 16, 2018 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Mark J. Dinsmore |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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| Document Text |
|---|
Filing
165
ENTRY GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT - The motion for summary judgment, dkt. 119 is granted as to the claims brought against defendants Dr. Jimerson, Dr. Pearcy, and Kimberly Hobson. Any claim th at Dr. Mitcheff denied surgery for Mr. Jester in 2011 and 2013 is dismissed as untimely. The motion for summary judgment, dkt. 119 , is denied as to the reflux and special diet claims brought against Dr. Kuenzli, and Dr. Byrd and granted as to Dr . Mitcheff. No partial final judgment will issue at this time. Mr. Jester's motion for non-party civil contempt and enforcement of Court ordered medical injunction, dkt. 163 is denied without prejudice subject to the further proceedings in t his action, although the Entry of July 26, 2019, granting Mr. Jester's motion for emergency medical injunction, dkt. 98 , remains in effect. The reflux and special diet claims will be resolved by settlement or trial. The Magistrate Judge is requested to set this matter for a status conference and a settlement conference in an effort to resolve the remaining claims against Dr. Kuenzli and Dr. Byrd. Signed by Judge James Patrick Hanlon on 10/7/2020. (KAA)
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