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17-345 - SCHWARTZ v. CONNER et al


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17-345 - SCHWARTZ v. CONNER et al
July 26, 2017
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ENTRY - The Court has identified the only viable federal constitutional claims and state law supplemental claims presented in plaintiff's complaint. Should plaintiff believe the Court has overlooked a claim or defendant, he shall have throopies distributed pursuant to distribution list. Signed by Judge Larry J. McKinney on 7/26/2017.(DW)ugh August 22, 2017, to notify the Court. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants (1) Sgt. Attley, (2) C/O Smitty, (3) Nurse Bobbi, (4) Nurse Connor, (5) Dr. Chavez, (6) Dr. Robtoy, and (7) Alecia Huff in the manner specified by Rule 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 (SEE ENTRY). C
August 11, 2017
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and Waiver of Service of Summons), and this Entry (SEE ENTRY). Copies distributed pursuant to distribution list. Signed by Judge Larry J. McKinney on 8/11/2017. (DW)Entry Denying Motion to Appoint Counsel, Denying as Moot Motion for Leave to Proceed In Forma Pauperis, And Discussing Amended Complaint - Plaintiff's second motion to appoint counsel, dkt. 10, is denied as premature. The August 9, 2017, second motion, dkt. 11, is denied as moot. The clerk is directed to update the docket to show Sgt. Attley's name as "Sgt. Athey," add the first name "Denver" to C.O. Smitty's name, and add the last name "Riggs" to Nurse Bobbi. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants (1) Sgt. Athey, (2) C/O Denver Smitty, (3) Nurse Bobbi Riggs, (4) Nurse Ann Connor, (5) Dr. Chavez, (6) Dr. Robtoy, and (7) Nurse Alecia Huff in the manner specified by Rule 4(d). Process shall consist of the amended complaint, dkt. 12, the screening entry of July 26, 2017, dkt. 6, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons
January 17, 2018
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Entry Granting Defendants' Motion for Summary Judgment - Jason Schwartz is in the custody of the Indiana Department of Correction (IDOC). He takes medication for seizures and a heart condition. On February 14, 2017, while he was incarcerated at the Wabash Valley Correctional Facility (WVCF), he suffered some type of seizure. He was taken in handcuffs and chains to the infirmary. There he fell and landed on his face, and medical personnel thought he was on heroin or methamphetamine. He was injected with two doses of Narcan, an opioid overdose treatment, but kept protesting that he was not using drugs. Finally, a drug screening officer arrived and tested Mr. Schwartz's urine, concluding that Mr. Schwartz was not overdosing. Medical personnel then put Mr. Schwartz on suicide watch, where he was held without his clothes or property for over a week until outside drug screens came back clear. He was then removed from suicide watch. Mr. Schwartz asserts that as a result of receiving the multiple Narcan shots when he was not overdosing on opioids, he suffers problems with his eyesight, problems breathing, and loss of use of his left arm. All defendants move for summary judgment contending that Mr. Schwartz failed to exhaust his administrative remedies prior to filing this lawsuit as required by the Prison Litigation Reform Act. Defendants' motion for summary judgment, Dkt. No. 40, is granted and this action is now dismissed without prejudice. Judgment consistent with this Entry shall now issue. (See Entry.) Signed by Judge William T. Lawrence on 1/17/2018. (RSF)