This case was last updated from PACER on 05/09/2020 at 09:00:33 (UTC).

Rackemann v. Carter et al

Case Summary

On 03/10/2020 Rackemann filed a Prisoner - Civil Right lawsuit against Carter. This case was filed in U.S. District Courts, Indiana Northern District. The Judges overseeing this case are Robert L Miller, Jr, Michael G Gotsch, Sr and Damon R Leichty. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:20-CV-00214

  • Filing Date:

    03/10/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Civil Right

  • Courthouse:

    Indiana Northern District

Judge Details

Referral Judge

Michael G Gotsch, Sr

Presiding Judges

Robert L Miller, Jr

Damon R Leichty

 

Party Details

Plaintiff

Kenneth Rackemann

Westville, IN 46391

Defendants

Wexford of Indiana LLC

Livers

Janice West

Andrew Liaw

Monica Gipson

Robert Carter, Jr

Downey

John Harvil

Moonier

Thomas Hobbs

John Galipeau

Becky Hess

Not Classified By Court

WESTVILLE E-FILE(Court Use Only)

Attorney/Law Firm Details

Defendant Attorneys

Michael J Blinn

Attorney at Indiana Attorney General's Office - IAG/302

302 W Washington St 5Th Fl

Indianapolis, IN 46204-2770

Jason H Seitz

Attorney at Indiana Attorney General's Office - IAG/302

302 W Washington St 5Th Fl

Indianapolis, IN 46204-2770

 

Court Documents

#16

(#16) WAIVER OF SERVICE Returned Executed by John Galipeau. John Galipeau waiver sent on 4/2/2020, answer due 6/1/2020. (Blinn, Michael) (Entered: 05/01/2020)

15 #2

Exhibit 2 - Declaration of Monnier

15 #1

Exhibit 1 - Declaration of Warden Galipeau

#15

(#15) RESPONSE to Motion re #9 MOTION for Temporary Restraining Order Defendant Galipeau's Response in Opposition to Motion for Preliminary Injunction filed by John Galipeau. (Attachments: #1 Exhibit 1 - Declaration of Warden Galipeau, #2 Exhibit 2 - Declaration of Monnier)(Blinn, Michael) (Entered: 04/30/2020)

#14

(#14) NOTICE of Appearance by Jason H Seitz on behalf of John Galipeau (Seitz, Jason) (Entered: 04/22/2020)

#13

(#13) NOTICE of Appearance by Michael J Blinn on behalf of John Galipeau (Blinn, Michael) (Entered: 04/17/2020)

#12

(#12) ORDER GRANTING #2 MOTION for Leave to Proceed in forma pauperis; ORDERING Kenneth Rackemann, IDOC # 132668, to immediately pay $52.85 to the clerk in payment of the initial partial filing fee; ORDERING Plaintiff to pay 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; and DIRECTING the clerk to create a ledger for receipt of these funds and 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 Damon R Leichty on 4/16/2020. (Copy mailed as directed in Order)(mrm) (Entered: 04/16/2020)

#11

(#11) OPINION AND ORDER DENYING #9 Pla. leave to file the motion and its attachments (ECF 9) ex parte; Clerk is DIRECTED to unseal (ECF 9); DENYING the request for a temporary restraining order (ECF 9); CONSTRUES the request for a temporary restraining order as a motion for preliminary injunction; GRANTING Kenneth Rackemann leave to proceed against John Galipeau; DEFFERING the 28 U.S.C. 1915A screening of the remaining claims in the complaint; Clerk is DIRECTED to request Waiver of Service from John Galipeau by email to the IDOC with a copy of this order, the complaint (ECF 8), and the motion for preliminary injunction (ECF 9); Clerk is also DIRECTED to fax or email a copy of the same documents to John Galipeau at the Westville Correctional Faculty; USM are DIRECTED to serve process on the Warden by 4/23/2020, if an entry of appearance has not been filed by 4/16/2020; John Galipeau is ORDERED to file and serve a response to the preliminary injunction, as soon as possible but not later than 4/30/2020 (with supporting medical documentation and declarations from other staff as necessary) describing/explaining the status of Kenneth Rackemanns left flank pain and numbness, what medical evaluations and treatment he has received since January 1, 2020, and what future course of treatment has been prescribed; and defendants are ORDERED to NOT RESPOND to the complaint until the court screens the remaining claims as required by 28 U.S.C. 1915A. Signed by Judge Damon R Leichty on 4/2/2020. (Copy emailed and faxed as directed in Order)(mrm) (Entered: 04/02/2020)

10 #6

Affidavit Motion

10 #5

Motion

10 #3

Affidavit

#10

(#10) NOTICE of a Lawsuit and Request to Waive Service of Summons sent to John Galipeau. (Copy mailed as directed in Order) Waiver of Service due by 5/4/2020. (Attachments: #1 Order, #2 Complaint, #3 Affidavit, #4 Exhibit, #5 Motion, #6 Affidavit Motion, #7 Prisoner Acct, #8 Proposed Order) (mrm) (Entered: 04/02/2020)

9 #4

Proposed Order

9 #3

Corrected Affidavit

9 #2

Official Cartificate of Prisoner Account

9 #1

Affidavit

#9

(#9) **Unseal pursuant to Order DE 11** MOTION for Temporary Restraining Order by Plaintiff Kenneth Rackemann. (Attachments: #1 Affidavit, #2 Official Certificate of Prisoner Account)(nae) (Additional attachment(s) added on 4/1/2020: #3 Corrected Affidavit, #4 Proposed Order) (nae). Modified on 4/2/2020 (mrm). (Entered: 04/01/2020)

#2

(#2) MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Kenneth Rackemann. (nae) (Entered: 03/11/2020)

29 More Documents Available

 

Docket Entries

  • 05/01/2020
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  • Docket(#16) WAIVER OF SERVICE Returned Executed by John Galipeau. John Galipeau waiver sent on 4/2/2020, answer due 6/1/2020. (Blinn, Michael) (Entered: 05/01/2020)

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  • 04/30/2020
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  • Docket(#15) RESPONSE to Motion re #9 MOTION for Temporary Restraining Order Defendant Galipeau's Response in Opposition to Motion for Preliminary Injunction filed by John Galipeau. (Attachments: #1 Exhibit 1 - Declaration of Warden Galipeau, #2 Exhibit 2 - Declaration of Monnier)(Blinn, Michael) (Entered: 04/30/2020)

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  • 04/22/2020
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  • Docket(#14) NOTICE of Appearance by Jason H Seitz on behalf of John Galipeau (Seitz, Jason) (Entered: 04/22/2020)

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  • 04/17/2020
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  • Docket(#13) NOTICE of Appearance by Michael J Blinn on behalf of John Galipeau (Blinn, Michael) (Entered: 04/17/2020)

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  • 04/16/2020
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  • Docket(#12) ORDER GRANTING #2 MOTION for Leave to Proceed in forma pauperis; ORDERING Kenneth Rackemann, IDOC # 132668, to immediately pay $52.85 to the clerk in payment of the initial partial filing fee; ORDERING Plaintiff to pay 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; and DIRECTING the clerk to create a ledger for receipt of these funds and 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 Damon R Leichty on 4/16/2020. (Copy mailed as directed in Order)(mrm) (Entered: 04/16/2020)

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  • 04/02/2020
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  • Docket(#11) OPINION AND ORDER DENYING #9 Pla. leave to file the motion and its attachments (ECF 9) ex parte; Clerk is DIRECTED to unseal (ECF 9); DENYING the request for a temporary restraining order (ECF 9); CONSTRUES the request for a temporary restraining order as a motion for preliminary injunction; GRANTING Kenneth Rackemann leave to proceed against John Galipeau; DEFFERING the 28 U.S.C. 1915A screening of the remaining claims in the complaint; Clerk is DIRECTED to request Waiver of Service from John Galipeau by email to the IDOC with a copy of this order, the complaint (ECF 8), and the motion for preliminary injunction (ECF 9); Clerk is also DIRECTED to fax or email a copy of the same documents to John Galipeau at the Westville Correctional Faculty; USM are DIRECTED to serve process on the Warden by 4/23/2020, if an entry of appearance has not been filed by 4/16/2020; John Galipeau is ORDERED to file and serve a response to the preliminary injunction, as soon as possible but not later than 4/30/2020 (with supporting medical documentation and declarations from other staff as necessary) describing/explaining the status of Kenneth Rackemanns left flank pain and numbness, what medical evaluations and treatment he has received since January 1, 2020, and what future course of treatment has been prescribed; and defendants are ORDERED to NOT RESPOND to the complaint until the court screens the remaining claims as required by 28 U.S.C. 1915A. Signed by Judge Damon R Leichty on 4/2/2020. (Copy emailed and faxed as directed in Order)(mrm) (Entered: 04/02/2020)

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  • 04/02/2020
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  • Docket(#10) NOTICE of a Lawsuit and Request to Waive Service of Summons sent to John Galipeau. (Copy mailed as directed in Order) Waiver of Service due by 5/4/2020. (Attachments: #1 Order, #2 Complaint, #3 Affidavit, #4 Exhibit, #5 Motion, #6 Affidavit Motion, #7 Prisoner Acct, #8 Proposed Order) (mrm) (Entered: 04/02/2020)

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  • 03/31/2020
  • Docket***amended pleadings Deadline terminated. (rmc) (Entered: 03/31/2020)

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  • 03/30/2020
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  • Docket(#9) **Unseal pursuant to Order DE 11** MOTION for Temporary Restraining Order by Plaintiff Kenneth Rackemann. (Attachments: #1 Affidavit, #2 Official Certificate of Prisoner Account)(nae) (Additional attachment(s) added on 4/1/2020: #3 Corrected Affidavit, #4 Proposed Order) (nae). Modified on 4/2/2020 (mrm). (Entered: 04/01/2020)

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  • 03/30/2020
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  • Docket(#8) (signed) AMENDED COMPLAINT against Robert Carter, Jr, Downey, John Galipeau, Monica Gipson, John Harvil, Becky Hess, Thomas Hobbs, Andrew Liaw, Livers, Moonier, Janice West, Wexford of Indiana LLC, filed by Kenneth Rackemann. (Attachments: #1 Exhibits, #2 Affidavit)(nae) (Entered: 04/01/2020)

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  • 03/30/2020
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  • Docket(#7) NOTICE to Court by Kenneth Rackemann (Attachments: #1 Envelope)(rmc) (Additional attachment(s) added on 4/1/2020: #2 Corrected Main Document) (nae). Modified on 4/1/2020 (nae). (Entered: 03/31/2020)

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  • 03/16/2020
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  • Docket(#6) Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Kenneth Rackemann. Pursuant to General Order 2018-1, documents submitted to the court for filing will generate a Notice of Electronic Filing that will constitute official service upon registered users of CM/ECF. If any parties to the case are not registered CM/ECF users, the Clerk of the Court will mail the document via U.S. Postal Service on behalf of the inmate. NOTE: The E-Filing Program does not affect the obligation of other parties to serve copies of documents in accordance with the Federal Rules of Civil Procedure. (nae) (Entered: 03/17/2020)

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  • 03/16/2020
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  • Docket(#5) ORDER: The court DENIES 3 MOTION for Temporary Restraining Order filed by Kenneth Rackemann; DIRECTS the clerk to send Kenneth Rackemann a copy of the unsigned complaint and temporary restraining order ( #1 ; 3 ); GRANTS him until 4/16/2020 to file a signed complaint; and CAUTIONS him that, if he does not respond by the deadline, this case may be dismissed without further notice. Signed by Judge Damon R Leichty on 3/16/2020. (Copy mailed as directed in Order) (lhc) (Entered: 03/17/2020)

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  • 03/12/2020
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  • Docket(#4) ORDER: Pursuant to Local Rule 40-1(a) and General Order 2020-02, the Clerk is DIRECTED to reassign this matter to another district judge for all further proceedings. Case reassigned to Judge Damon R Leichty for all further proceedings. Judge Robert L Miller, Jr no longer assigned to case. Signed by Judge Robert L Miller, Jr on 3/12/2020. (Copy mailed to pro se party) (lhc) (Entered: 03/13/2020)

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  • 03/10/2020
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  • Docket(#2) MOTION for Leave to Proceed in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Kenneth Rackemann. (nae) (Entered: 03/11/2020)

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  • 03/10/2020
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  • Docket(#1) (UNSIGNED) PRO SE COMPLAINT with Jury Demand against Robert Carter, Jr, Downey, John Galipeau, Monica Gipson, John Harvil, Becky Hess, Thomas Hobbs, Andrew Liaw, Livers, Moonier, Janice West, Wexford of Indiana LLC, filed by Kenneth Rackemann. (Returned copy with case number to Rackemann) (Attachments: #1 Affidavit in Support Verified Complaint for Damages and Injunctive Relief Pursuant to Fed R Civ P. 26(A) and Def R Evid 902(8))(nae) (Additional attachment(s) added on 3/11/2020: #2 Exhibits to Affidaivit in Support of Complaint) (nae). (Entered: 03/11/2020)

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