This case was last updated from PACER on 11/26/2019 at 08:06:00 (UTC).

Martin-Shively v. Westville Corrections Facility et al

Case Summary

On 09/27/2019 Martin-Shively filed a Prisoner - Civil Right lawsuit against Westville Corrections Facility. This case was filed in U.S. District Courts, Indiana Northern District. The Judges overseeing this case are Robert L Miller, Jr and Michael G Gotsch, Sr. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:19-CV-00857

  • Filing Date:

    09/27/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Civil Right

Judge Details

Presiding Judge

Robert L Miller, Jr

Referral Judge

Michael G Gotsch, Sr

 

Party Details

Plaintiff

Samuel L Martin-Shively

Westville, IN 46391

Defendants

Westville Medical Staff The

Westville Corrections Facility

John Galipeau

Hutchinson

Gary Lewis

Westville Medical Staff

Not Classified By Court

WESTVILLE E-FILE(Court Use Only)

 

Court Documents

#14

RESTRICTED

#13

(#13) OPINION AND ORDER: The Clerk is DIRECTED to immediately issue a summons addressed to Warden Galipeau and to FAX a copy of this order to Warden Galipeau; the US Marshals Service is DIRECTED to issue and serve process on Warden Galipeau by certified mail no later than 11/26/2019 with a copy of this order, the court's #7 screening order, and the #4 amended complaint; ORDERS Warden Galipeau to respond to the request for preliminary injunction and file an affidavit or declaration with the court no later than Friday, November 29, 2019 explaining how Samuel L. Martin-Shivelys back pain is being addressed in a manner that satisfies the requirements of the Eighth Amendment. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/22/19. (Copy mailed and faxed as directed in Order)(jld) (Entered: 11/22/2019)

#12

(#12) MOTION for Preliminary Injunction titled as Motion for Relief by Plaintiff Samuel L Martin-Shively. (nae) (Entered: 11/22/2019)

#11

(#11) MOTION for Appointment of Counsel by Plaintiff Samuel L Martin-Shively. (nae) (Entered: 11/22/2019)

#10

(#10) MOTION for the Courts to Order the Defendants to Take the Plaintiff to See Outside Doctor by Plaintiff Samuel L Martin-Shively. (nae) (Entered: 11/22/2019)

#9

(#9) Plaintiff's First REQUEST for Production of Documents by Samuel L Martin-Shively.(nae) (Entered: 11/22/2019)

8 #2

Complaint

8 #1

Order

#8

(#8) NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden Galipeau, Ms. Hutchinson and Captain Gary Lewis. Waiver of Service due by 12/5/2019. (Attachments: #1 Order, #2 Complaint) (nal) (Entered: 11/05/2019)

#7

(#7) OPINION AND ORDER: The Court GRANTS Samuel L. Martin-Shively leave to proceed against Ms. Hutchinson and Captain Gary Lewis in their individual capacity for compensatory and punitive damages for failing to provide Samuel L. Martin- Shively with adequate medical care for his back pain while housed at the Westville Correctional Facility, in violation of the Eighth Amendment, GRANTS Samuel L. Martin-Shively leave to proceed against Warden Galipeau in his official capacity for injunctive relief to provide Samuel L. Martin-Shively with adequate medical care for his back pain, as required by the Eighth Amendment, DISMISSES all other claims, DISMISSES Westville Correctional Facility and Westville Medical Staff, DIRECTS the clerk and the United States Marshals Service to issue an dserve process on Warden Galipeau, Ms. Hutchinson and Captain Gary Lewis atthe Indiana Department of Correction with a copy of this order and the amended complaint, pursuant to 28 U.S.C. 1915(d), ORDERS Warden Galipeau to respond to the request for preliminary injunction and file an affidavit or declaration with the court by 11/18/19 explaining how Samuel L. Martin-Shivelys back pain is being addressed in a manner that satisfies the requirements of the Eighth Amendment and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Warden Galipeau, Ms.Hutchinson and Captain Gary Lewis to respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claims for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Robert L Miller, Jr on 11/4/19. (nal) (Entered: 11/05/2019)

#6

(#6) ORDER granting #3 Motion for Leave to Proceed in forma pauperis. The Court WAIVES the initial partial filing fee, ORDERS the plaintiff, Samuel L. Martin-Shively, IDOC # 967259, to pay (and the facility having custody to automatically remit) to the clerk 20% of the money received for each calendar month during which $10.00 or more is received until the $350.00 filing fee is paid in full, DIRECTS the clerk to create a ledger for receipt of these funds and DIRECTS the clerk to send a copy of this order to each facility where the plaintiff is housed until the filing fee has been paid in full. Signed by Judge Robert L Miller, Jr on 11/4/19. (Copy mailed as directed in Order). (nal) (Entered: 11/05/2019)

5 #1

Exhibit

#5

(#5) AMENDED COMPLAINT against John Galipeau, Westville Corrections Facility, Westville Medical Staff The, Hutchinson, Gary Lewis, filed by Samuel L Martin-Shively. (Attachments: #1 Exhibits)(nae) (Entered: 10/25/2019)

#4

(#4) ORDER: The Court GRANTS Mr. Martin-Shively until 10/30/2019 to file a signed complaint. If he doesn't respond by the deadline, this case may be dismissed without further notice. Signed by Judge Robert L Miller, Jr on 10/09/2019. (jat) (Entered: 10/10/2019)

#3

(#3) MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Samuel L Martin-Shively. (nae) (Entered: 09/30/2019)

2 #3

Envelope

2 #2

USM 285 form

2 #1

Proposed Summons

11 More Documents Available

 

Docket Entries

  • 11/22/2019
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  • (#14) Summons Issued as to John Galipeau. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (copy to USMS per #13 )(jld) (Entered: 11/22/2019)

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  • 11/22/2019
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  • Set Deadlines: Response to be filed by 11/29/2019 as to #13 Opinion and Order. (jld) (Entered: 11/22/2019)

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  • 11/22/2019
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  • (#13) OPINION AND ORDER: The Clerk is DIRECTED to immediately issue a summons addressed to Warden Galipeau and to FAX a copy of this order to Warden Galipeau; the US Marshals Service is DIRECTED to issue and serve process on Warden Galipeau by certified mail no later than 11/26/2019 with a copy of this order, the court's #7 screening order, and the #4 amended complaint; ORDERS Warden Galipeau to respond to the request for preliminary injunction and file an affidavit or declaration with the court no later than Friday, November 29, 2019 explaining how Samuel L. Martin-Shivelys back pain is being addressed in a manner that satisfies the requirements of the Eighth Amendment. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/22/19. (Copy mailed and faxed as directed in Order)(jld) (Entered: 11/22/2019)

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  • 11/20/2019
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  • (#12) MOTION for Preliminary Injunction titled as Motion for Relief by Plaintiff Samuel L Martin-Shively. (nae) (Entered: 11/22/2019)

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  • 11/20/2019
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  • (#11) MOTION for Appointment of Counsel by Plaintiff Samuel L Martin-Shively. (nae) (Entered: 11/22/2019)

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  • 11/20/2019
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  • (#10) MOTION for the Courts to Order the Defendants to Take the Plaintiff to See Outside Doctor by Plaintiff Samuel L Martin-Shively. (nae) (Entered: 11/22/2019)

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  • 11/20/2019
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  • (#9) Plaintiff's First REQUEST for Production of Documents by Samuel L Martin-Shively.(nae) (Entered: 11/22/2019)

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  • 11/05/2019
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  • (#8) NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Warden Galipeau, Ms. Hutchinson and Captain Gary Lewis. Waiver of Service due by 12/5/2019. (Attachments: #1 Order, #2 Complaint) (nal) (Entered: 11/05/2019)

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  • 11/04/2019
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  • (#7) OPINION AND ORDER: The Court GRANTS Samuel L. Martin-Shively leave to proceed against Ms. Hutchinson and Captain Gary Lewis in their individual capacity for compensatory and punitive damages for failing to provide Samuel L. Martin- Shively with adequate medical care for his back pain while housed at the Westville Correctional Facility, in violation of the Eighth Amendment, GRANTS Samuel L. Martin-Shively leave to proceed against Warden Galipeau in his official capacity for injunctive relief to provide Samuel L. Martin-Shively with adequate medical care for his back pain, as required by the Eighth Amendment, DISMISSES all other claims, DISMISSES Westville Correctional Facility and Westville Medical Staff, DIRECTS the clerk and the United States Marshals Service to issue an dserve process on Warden Galipeau, Ms. Hutchinson and Captain Gary Lewis atthe Indiana Department of Correction with a copy of this order and the amended complaint, pursuant to 28 U.S.C. 1915(d), ORDERS Warden Galipeau to respond to the request for preliminary injunction and file an affidavit or declaration with the court by 11/18/19 explaining how Samuel L. Martin-Shivelys back pain is being addressed in a manner that satisfies the requirements of the Eighth Amendment and ORDERS, pursuant to 42 U.S.C. 1997e(g)(2), Warden Galipeau, Ms.Hutchinson and Captain Gary Lewis to respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claims for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Robert L Miller, Jr on 11/4/19. (nal) (Entered: 11/05/2019)

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  • 11/04/2019
  • View Court Documents
  • (#6) ORDER granting #3 Motion for Leave to Proceed in forma pauperis. The Court WAIVES the initial partial filing fee, ORDERS the plaintiff, Samuel L. Martin-Shively, IDOC # 967259, to pay (and the facility having custody to automatically remit) to the clerk 20% of the money received for each calendar month during which $10.00 or more is received until the $350.00 filing fee is paid in full, DIRECTS the clerk to create a ledger for receipt of these funds and DIRECTS the clerk to send a copy of this order to each facility where the plaintiff is housed until the filing fee has been paid in full. Signed by Judge Robert L Miller, Jr on 11/4/19. (Copy mailed as directed in Order). (nal) (Entered: 11/05/2019)

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  • 10/25/2019
  • ***Deficiency Deadlines terminated. (nae) (Entered: 10/25/2019)

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  • 10/22/2019
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  • (#5) AMENDED COMPLAINT against John Galipeau, Westville Corrections Facility, Westville Medical Staff The, Hutchinson, Gary Lewis, filed by Samuel L Martin-Shively. (Attachments: #1 Exhibits)(nae) (Entered: 10/25/2019)

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  • 10/09/2019
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  • (#4) ORDER: The Court GRANTS Mr. Martin-Shively until 10/30/2019 to file a signed complaint. If he doesn't respond by the deadline, this case may be dismissed without further notice. Signed by Judge Robert L Miller, Jr on 10/09/2019. (jat) (Entered: 10/10/2019)

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  • 09/27/2019
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  • (#3) MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Samuel L Martin-Shively. (nae) (Entered: 09/30/2019)

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  • 09/27/2019
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  • (#2) (unsigned) PRO SE COMPLAINT with 2 copies of summons forms and 1 copies of USM-285 forms against John Galipeau, Westville Corrections Facility, Westville Medical Staff The, filed by Samuel L Martin-Shively. (Attachments: #1 Proposed Summons, #2 USM 285 form, #3 Envelope)(nae) (Entered: 09/30/2019)

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  • 09/27/2019
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  • (#1) Consent to Receipt of Documents Through Prisoner Electronic Filing Program (Westville) by Samuel L Martin-Shively (nae) (Entered: 09/30/2019)

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