Jemiolo v. Hyatt
Federal Civil Lawsuit Indiana Northern District Court, Case No. 3:18-cv-01016

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Last Updated August 27, 2020 at 11:00 AM DT (8.7 months ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Joseph E Jemiolo, Plaintiff

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Name Phone Fax E-Mail
Space Joseph E Jemiolo
v.
No Logo Bobby, Defendant
No Logo Houston, Defendant
No Logo Hyatt, Defendant
No Logo Jenifer Auston, Defendant
No Logo Kinnager, Defendant
No Logo Lee Ann Ivers, Defendant
No Logo Lynn Fry, Defendant
No Logo Merandet, Defendant
No Logo Renow, Defendant
No Logo Robert E Carter, Defendant
No Logo State of Indiana, Defendant
No Logo Vernig Fanning, Defendant
No Logo Wexford Medical, Defendant
Citation Section 42 U.S.C. § 1983
Nature of Suit 550 - Prisoner Petitions: Civil Rights
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                                                                                                                      Legal Document (Payment Possibly Required) 10 Filed: 12/27/2018, Entered: None IDOC Notice of a Lawsuit and Request to Waive Service - form will be generated
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                                                                                                                        Legal Document (Payment Possibly Required) 9 Filed: 12/27/2018, Entered: None Opinion and OrderCourt Filing
                                                                                                                        OPINION AND ORDER re 1 Pro Se Complaint, GRANTS Joseph E. Jemiolo leave to proceed against Head of Medical Lynn Fry in her individual capacity for compensatory and punitive damages for deliberate indifference to his pain when denying hi m the use of a wheelchair during transport to medical visits outside the facility, in violation of the Eighth Amendment; GRANTS Joseph E. Jemiolo leave to proceed against Head of Medical Lynn Fry and Superintendent Hyatt in their official capac ities for injunctive relief to address Jemiolos pain during transport to medical visits outside the facility in a manner that complies with the Eighth Amendment; GRANTS Joseph E. Jemiolo leave to proceed against RN Jenifer Auston, RN V ernia Fanning, Regional Direction Leann Ivers, Head of Medical Lynn Fry, DON Bobby, CO Houston, CO Renow, and Lieutenant Kinnager in their individual capacities for compensatory and punitive damages for being deliberately indifferent to his serious m edical needs when he returned to the Miami Correctional Facility with injuries on April 14, 2018, in violation of the Eighth Amendment; GRANTS Joseph E. Jemiolo leave to proceed against RN Vernia Fanning, Dr. Marandet, and Head of Medical Lynn Fry in their individual capacities for compensatory and punitive damages for deliberate indifference to Jemiolos pain when reducing his pain medication following his injuries on April 14, 2018; DISMISSES all other claims pursuant to 28 U.S.C. § 1915A; DISMISSES Commissioner Robert E. Carter, State of Indiana, and Wexford Medical pursuant to 28 U.S.C. § 1915A; DIRECTS the clerk and the United States Marshals Service to issue and serve process on Superintendent Hyatt, Dr. Marandet, RN Jenifer Auston, RN Vernia Fanning, Regional Director Leann Ivers, Head of Medical Lynn Fry, DON Bobby, CO Houston, CO Renow, and Lieutenant Kinnager at the Indiana Department of Correction with a copy of this order and the complaint (ECF 1 ) as req uired by 28 U.S.C. § 1915(d);ORDERS Superintendent Hyatt to file an affidavit or declaration with the court by January 10, 2018, explaining how Joseph E. Jemiolos pain is being addressed while being transported to and from outside doctors appoin tment in a manner that complies with the Eighth Amendments requirements; and ORDERS, pursuant to 42 U.S.C. §1997e(g)(2), that Superintendent Hyatt, Dr. Marandet, RN Jenifer Auston, RN Vernia Fanning, Regional Director Leann Ivers, Head of Medica l Lynn Fry, DON Bobby, CO Houston, CO Renow, and Lieutenant Kinnager 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 Jon E DeGuilio on 12/27/2018. (Copy mailed as directed in Order) Party Wexford Medical, Robert E Carter (Commissioner) and State of Indiana terminated.(nae)
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                                                                                                                          Legal Document (Payment Possibly Required) 8 Filed: 12/21/2018, Entered: None Order Directing Prisoner Payment
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                                                                                                                            Legal Document (Payment Possibly Required) 7 Filed: 12/19/2018, Entered: 12/19/2018 case transferred in - district transfer
                                                                                                                            Case transferred in from District of Indiana Southern; Case Number 1:18-cv-03750. Original file and docket sheet received. (Returned copy to Jemiolo with INND case number)
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                                                                                                                              Legal Document (Payment Possibly Required) 6 Filed: 12/13/2018, Entered: None Unknown Document Type
                                                                                                                              Transfer Letter to Clerk of the Northern District of Indiana. Case transferred electronically to Northern District of Indiana, on 12/13/2018. (DWH) [Transferred from Indiana Southern on 12/19/2018.] (Entered: 12/14/2018)
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                                                                                                                                Legal Document (Payment Possibly Required) 5 Filed: 12/13/2018, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                CLOSED TRANSFER to NORTHERN DISTRICT OF INDIANA - The motion to proceed in forma pauperis remains pending. Accordingly, the above action is now TRANSFERRED to the United States District Court for the Northern District of Indiana at South Bend, Indiana (SEE ORDER). Signed by Judge James Patrick Hanlon on 12/13/2018. Copy to Plaintiff via US Mail. (DWH) [Transferred from Indiana Southern on 12/19/2018.] (Entered: 12/14/2018)
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                                                                                                                                  Legal Document (Payment Possibly Required) 4 Filed: 12/10/2018, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                  CONSENT to Jurisdiction to US Magistrate Judge by JOSEPH JEMIOLO. (DWH) [Transferred from Indiana Southern on 12/19/2018.] (Entered: 12/10/2018)
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                                                                                                                                    MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) [Transferred from Indiana Southern on 12/19/2018.] (Entered: 11/29/2018)
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                                                                                                                                      MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, JOSEPH JEMIOLO. (Attachments: # 1 inmate account records)(DJH) [Transferred from Indiana Southern on 12/19/2018.] Modified on 12/19/2018 to remove term date, motion is pending (nae). (Entered: 11/29/2018)
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                                                                                                                                        Legal Document (Payment Possibly Required) 1 Filed: 11/29/2018, Entered: None Unknown Document Type
                                                                                                                                        COMPLAINT against JENIFER AUSTON, BOBBY, ROBERT E. CARTER, VERNIG FANNING, LYNN FRY, HOUSTON, HYATT, LEE ANN IVERS, KINNAGER, MERANDET, RENOW, STATE OF INDIANA, and WEXFORD MEDICAL, filed by JOSEPH JEMIOLO. (No fee paid with this filing) (DJH) [Transferred from Indiana Southern on 12/19/2018.] (Entered: 11/29/2018)
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