This case was last updated from PACER on 11/10/2018 at 07:39:24 (UTC).

WATSON v. INDIANA DEPARTMENT OF CORRECTION et al

Case Summary

On 09/11/2018 WATSON filed a Prisoner - Prison Condition lawsuit against INDIANA DEPARTMENT OF CORRECTION. This case was filed in U.S. District Courts, Indiana Southern District. The Judges overseeing this case are Debra McVicker Lynch and Tanya Walton Pratt. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:18-CV-02791

  • Filing Date:

    09/11/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Prison Condition

  • Court:

    U.S. District Courts

  • Courthouse:

    Indiana Southern District

Judge Details

Referral Judge

Debra McVicker Lynch

Presiding Judge

Tanya Walton Pratt

 

Party Details

Plaintiff

LESTER WATSON

Pendleton, IN 46064

Defendants

KIMBERLY STAFFORD

WEXFORD

INDIANA DEPARTMENT OF CORRECTION

CIF MEDICAL UNIT

ROBERT STAFFORD

WENDY KNIGHT

Attorney/Law Firm Details

Defendant Attorneys

Douglass R. Bitner

Attorney at KATZ KORIN CUNNINGHAM, P.C.

The Emelie Building, 334 North Senate Avenue

Indianapolis, IN 46204

Ryan J. Guillory

Attorney at OFFICE OF ATTORNEY GENERAL CURTIS HILL

302 West Washington Street, Igcs-5Th Floor

Indianapolis, IN 46204

Andrew Scheil

Attorney at INDIANA ATTORNEY GENERAL

302 West Washington Street, Indiana Government Center South, Fifth Floor

Indianapolis, IN 46204

 

Court Documents

#18

(#18) WAIVER OF SERVICE Returned Executed, filed by WENDY KNIGHT. WENDY KNIGHT waiver sent on 9/24/2018. (Scheil, Andrew) (Entered: 10/23/2018)

#17

(#17) WAIVER OF SERVICE Returned Executed, filed by INDIANA DEPARTMENT OF CORRECTION. (Scheil, Andrew) (Entered: 10/23/2018)

#16

(#16) NOTICE of Appearance by Ryan J. Guillory on behalf of Defendants INDIANA DEPARTMENT OF CORRECTION, WENDY KNIGHT. (Guillory, Ryan) (Entered: 10/23/2018)

#15

(#15) NOTICE of Appearance by Andrew Scheil on behalf of Defendants INDIANA DEPARTMENT OF CORRECTION, WENDY KNIGHT. (Scheil, Andrew) (Entered: 10/23/2018)

#14

(#14) NOTICE of Appearance by Douglass R. Bitner on behalf of Defendant WEXFORD. (Bitner, Douglass) (Entered: 10/11/2018)

#13

(#13) ENTRY - DENYING MOTION TO ADD CLAIMS. Plaintiff Lester Watson's motion to add claims to his complaint, dkt. #11 , is denied. Mr. Watson's motion does not include new factual statements or legal theories that were not asserted in the original complaint. Rather, it simply states conclusions about the conduct described in the complaint and the injuries Mr. Watson suffered as a result. These statements all relate to the claims already identified in the Court's screening Entry, dkt. #5 , and do not state new claims. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 10/10/2018. (NAD) (Entered: 10/10/2018)

12 #1

Envelope

#12

(#12) WAIVER OF SERVICE Returned Executed, filed by LESTER WATSON. WEXFORD waiver sent on 9/24/2018. (Signature on page 2 illegible) (Attachments: #1 Envelope)(NAD) (Entered: 10/10/2018)

#11

(#11) MOTION to Add Additional Claims, filed by Plaintiff LESTER WATSON. (NAD) (Entered: 10/04/2018)

10 #1

Envelope

#10

(#10) WAIVER OF SERVICE Returned Executed, filed by LESTER WATSON. INDIANA DEPARTMENT OF CORRECTION waiver sent on 9/24/2018. (Attachments: #1 Envelope)(NAD) (Entered: 10/04/2018)

#9

(#9) ORDER on #8 Motion for Leave to Proceed in forma pauperis. The plaintiff's motion to proceed in forma pauperis, dkt. #8 , is denied as moot because the plaintiff was already granted permission to proceed in forma pauperis at dkt #5 . Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 10/3/2018. (NAD) (Entered: 10/03/2018)

#8

(#8) MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff LESTER WATSON. (NAD) (Entered: 09/26/2018)

#7

(#7) Documents for Service by IDOC - re #6 NOTICE of Lawsuit & Waiver Issued by Clerk, #5 Order on Motion for Leave to Proceed in forma pauperis, #1 Complaint. (NAD) (Entered: 09/24/2018)

#6

(#6) NOTICE of Lawsuit & Waiver Issued by Clerk to (1) Indiana Department of Correction, (2) Wendy Knight, and (3) Wexford Health. (NAD) (Entered: 09/24/2018)

#5

(#5) ENTRY - GRANTING #4 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, SCREENING COMPLAINT, AND DIRECTING FURTHER PROCEEDINGS. Mr. Watson's motion for leave to proceed in forma pauperis, Dkt. #4 , is granted. No initial partial filing fee is due at this time. This action shall proceed with (1) claims against the IDOC pursuant to the Americans with Disabilities Act and the Rehabilitation Act; (2) claims of negligence against the IDOC and Ms. Knight pursuant to Indiana law; and (3) an Eighth Amendment policy-or-practice claim against Wexford pursuant to 28 U.S.C. 1983. If Mr. Watson believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through October 22, 2018, to identify those claims. The clerk is directed to update the docket to reflect that Mr. Stafford, Ms. Stafford, and the CIF Medical Unit have been terminated as parties in this action. The clerk is designated pursuant to Federal Rule of Civil Procedure 4(c)(3) to issue process to Defendants (1) Indiana Department of Correction, (2) Wendy Knight, and (3) Wexford Health in the manner specified by Federal Rule of Civil Procedure 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. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 9/24/2018. (NAD) (Entered: 09/24/2018)

1 #1

Exhibit - Supporting documents

#1

(#1) COMPLAINT against CIF MEDICAL UNIT, INDIANA DEPARTMENT OF CORRECTION, WENDY KNIGHT, KIMBERLY STAFFORD, ROBERT STAFFORD, WEXFORD, filed by LESTER WATSON. (No fee paid with this filing) (Attachments: #1 Exhibit - Supporting documents)(REO) (Entered: 09/11/2018)

14 More Documents Available

 

Docket Entries

  • 10/23/2018
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  • (#18) WAIVER OF SERVICE Returned Executed, filed by WENDY KNIGHT. WENDY KNIGHT waiver sent on 9/24/2018. (Scheil, Andrew) (Entered: 10/23/2018)

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  • 10/23/2018
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  • (#17) WAIVER OF SERVICE Returned Executed, filed by INDIANA DEPARTMENT OF CORRECTION. (Scheil, Andrew) (Entered: 10/23/2018)

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  • 10/23/2018
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  • (#16) NOTICE of Appearance by Ryan J. Guillory on behalf of Defendants INDIANA DEPARTMENT OF CORRECTION, WENDY KNIGHT. (Guillory, Ryan) (Entered: 10/23/2018)

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  • 10/23/2018
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  • (#15) NOTICE of Appearance by Andrew Scheil on behalf of Defendants INDIANA DEPARTMENT OF CORRECTION, WENDY KNIGHT. (Scheil, Andrew) (Entered: 10/23/2018)

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  • 10/11/2018
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  • (#14) NOTICE of Appearance by Douglass R. Bitner on behalf of Defendant WEXFORD. (Bitner, Douglass) (Entered: 10/11/2018)

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  • 10/10/2018
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  • (#13) ENTRY - DENYING MOTION TO ADD CLAIMS. Plaintiff Lester Watson's motion to add claims to his complaint, dkt. #11 , is denied. Mr. Watson's motion does not include new factual statements or legal theories that were not asserted in the original complaint. Rather, it simply states conclusions about the conduct described in the complaint and the injuries Mr. Watson suffered as a result. These statements all relate to the claims already identified in the Court's screening Entry, dkt. #5 , and do not state new claims. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 10/10/2018. (NAD) (Entered: 10/10/2018)

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  • 10/09/2018
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  • (#12) WAIVER OF SERVICE Returned Executed, filed by LESTER WATSON. WEXFORD waiver sent on 9/24/2018. (Signature on page 2 illegible) (Attachments: #1 Envelope)(NAD) (Entered: 10/10/2018)

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  • 10/04/2018
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  • (#11) MOTION to Add Additional Claims, filed by Plaintiff LESTER WATSON. (NAD) (Entered: 10/04/2018)

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  • 10/03/2018
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  • (#10) WAIVER OF SERVICE Returned Executed, filed by LESTER WATSON. INDIANA DEPARTMENT OF CORRECTION waiver sent on 9/24/2018. (Attachments: #1 Envelope)(NAD) (Entered: 10/04/2018)

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  • 10/03/2018
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  • (#9) ORDER on #8 Motion for Leave to Proceed in forma pauperis. The plaintiff's motion to proceed in forma pauperis, dkt. #8 , is denied as moot because the plaintiff was already granted permission to proceed in forma pauperis at dkt #5 . Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 10/3/2018. (NAD) (Entered: 10/03/2018)

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  • 09/25/2018
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  • (#8) MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff LESTER WATSON. (NAD) (Entered: 09/26/2018)

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  • 09/24/2018
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  • (#7) Documents for Service by IDOC - re #6 NOTICE of Lawsuit & Waiver Issued by Clerk, #5 Order on Motion for Leave to Proceed in forma pauperis, #1 Complaint. (NAD) (Entered: 09/24/2018)

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  • 09/24/2018
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  • (#6) NOTICE of Lawsuit & Waiver Issued by Clerk to (1) Indiana Department of Correction, (2) Wendy Knight, and (3) Wexford Health. (NAD) (Entered: 09/24/2018)

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  • 09/24/2018
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  • (#5) ENTRY - GRANTING #4 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, SCREENING COMPLAINT, AND DIRECTING FURTHER PROCEEDINGS. Mr. Watson's motion for leave to proceed in forma pauperis, Dkt. #4 , is granted. No initial partial filing fee is due at this time. This action shall proceed with (1) claims against the IDOC pursuant to the Americans with Disabilities Act and the Rehabilitation Act; (2) claims of negligence against the IDOC and Ms. Knight pursuant to Indiana law; and (3) an Eighth Amendment policy-or-practice claim against Wexford pursuant to 28 U.S.C. 1983. If Mr. Watson believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through October 22, 2018, to identify those claims. The clerk is directed to update the docket to reflect that Mr. Stafford, Ms. Stafford, and the CIF Medical Unit have been terminated as parties in this action. The clerk is designated pursuant to Federal Rule of Civil Procedure 4(c)(3) to issue process to Defendants (1) Indiana Department of Correction, (2) Wendy Knight, and (3) Wexford Health in the manner specified by Federal Rule of Civil Procedure 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. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 9/24/2018. (NAD) (Entered: 09/24/2018)

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  • 09/14/2018
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  • (#3) Entry Directing Further Proceedings - The plaintiff shall have through October 12, 2018, in which to either pay the $400.00 filing fee for this action or demonstrate that he lacks the financial ability to do so. If he seeks leave to proceed in forma pauperis, his request must be accompanied by a copy of the transactions associated with his institution trust account for the 6-month period preceding the filing of this action on September 11, 2018. Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 9/14/2018.(NAD) (Entered: 09/14/2018)

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  • 09/13/2018
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  • (#4) MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff LESTER WATSON. (Attachments: #1 Exhibit Transaction History Inquiry)(NAD) (Entered: 09/14/2018)

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  • 09/11/2018
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  • (#2) MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) (Entered: 09/11/2018)

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  • 09/11/2018
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  • (#1) COMPLAINT against CIF MEDICAL UNIT, INDIANA DEPARTMENT OF CORRECTION, WENDY KNIGHT, KIMBERLY STAFFORD, ROBERT STAFFORD, WEXFORD, filed by LESTER WATSON. (No fee paid with this filing) (Attachments: #1 Exhibit - Supporting documents)(REO) (Entered: 09/11/2018)

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