Case: Vermillion v. Levenhagen

1:15-cv-00605 | U.S. District Court for the Southern District of Indiana

Filed Date: April 16, 2015

Closed Date: Oct. 21, 2019

Clearinghouse coding complete

Case Summary

On July 12, 2011, a prisoner subjected to long-term solitary confinement filed this pro se complaint against various officials at the Indiana Department of Corrections (IDOC) in the U.S. District Court for the Northern District of Indiana. He sought relief under 42 U.S.C. § 1983, 42 U.S.C. § 1985, and 42 U.S.C. § 1986 for violations of his Eighth and Fourteenth Amendment rights forbidding cruel and unusual punishment and violations of his substantive due process rights. The plaintiff sought dec…

On July 12, 2011, a prisoner subjected to long-term solitary confinement filed this pro se complaint against various officials at the Indiana Department of Corrections (IDOC) in the U.S. District Court for the Northern District of Indiana. He sought relief under 42 U.S.C. § 1983, 42 U.S.C. § 1985, and 42 U.S.C. § 1986 for violations of his Eighth and Fourteenth Amendment rights forbidding cruel and unusual punishment and violations of his substantive due process rights. The plaintiff sought declaratory judgment, compensatory damages, and punitive damages.

Judge Joseph Van Bokkelen struck the plaintiff's initial complaint on October 21, 2011 (2011 WL 13365780) because it brought as a single suit separate claims that occurred in different IDOC facilities. The plaintiff filed an amended complaint in response on November 16, but Judge Van Bokkelen struck this complaint on similar grounds on February 2, 2012.

The plaintiff's second amended complaint, which Judge Van Bokkelen eventually allowed in part, was filed on March 7, 2012. This complaint alleged that staff at the Michigan City, Indiana State Prison unlawfully moved him to an isolation unit at that prison after the plaintiff refused to answer questions regarding an escape of prisoners with whom the plaintiff socialized regularly. The plaintiff alleged that he did not participate in the escape, and that this punitive conduct violated his Fifth Amendment right against self-incrimination. He next wrote that, because of this non-cooperation, the staff conspired to transfer him to the Westville Control Unit (WCU), a Supermax isolation facility, where he stayed for over 900 days and continued to be held. He described difficult conditions in the WCU, including extreme cold, lack of access to religious services and outside contact, and unlawful searches of his mail; this tied into state law tort claims for taking his possessions while in prison. He alleged that WCU staff refused to reconsider his detention at the facility, despite 30-day review plans.

In a May 8, 2012 order (2012 WL 13189032), Judge Van Bokkelen issued an order on the new complaint, saying that it still involved multiple defendants across multiple prisons. He dismissed conspiracy claims against the defendants involved in his transfer, saying that the plaintiff did not sufficiently plead facts surrounding their motivations and could only speculate on the existence of a conspiracy. However, he allowed claims to proceed against Michigan City prison staff that arranged the transfer to the WCU without allowing the plaintiff to defend himself, saying that this may be a violation of his due process rights.

Discovery on the remaining claim began. On October 7, 2013, the defendants moved for summary judgment on the claim, asserting an affirmative defense that the plaintiff did not exhaust all administrative avenues available to him before going to the court system. Judge Van Bokkelen approved this motion on March 19, 2014 (2014 WL 1116888), stating that, even though the plaintiff never received written notice of his transfer, he had an opportunity to contest the transfer within ten days of arriving at the new facility. Judge Van Bokkelen dismissed the case.

The plaintiff appealed the judgment on June 16, 2014. On March 5, 2015, a Seventh Circuit panel composed of Chief Judge Diane Wood and Judges Ilana Rovner and Diane Sykes vacated the District Court's judgment and remanded it for further review (604 F. App'x 508). They wrote that the IDOC's manual stipulated that the prisoners must file an appeal only after receiving a classification decision, which he never received. The Seventh Circuit added that more defendants could be added to his complaint, saying that the plaintiff plausibly described a conspiracy after he invoked his Fifth Amendment right to end questioning. The panel noted that the District Court improperly dismissed the state law tort claims as well. The panel recommended that this case move to the Southern District of Indiana, since the plaintiff was then housed in a facility there. The case was transferred the following day.

The plaintiff, now represented by pro bono counsel from private law firms and the MacArthur Justice Center, filed a final amended complaint on May 8, 2015. This complaint reiterated the allegations that the plaintiff was unfairly incarcerated in a separate lockdown facility after refusing to answer questions regarding the break-out, transferred to the WCU after inadequate process, and continued to be held there and denied access to basic necessities after insufficient review.

Discovery began on this complaint in the Southern District, and the defendants filed a motion for summary judgment on January 26, 2018. On May 22, 2018, Judge Richard Young, now presiding over this case, granted the motion in part and denied it in part. Judge Young dismissed the conspiracy claim to separate the plaintiff before transfer to the WCU, saying that the decision to separate him was based not on his willingness to answer questions, but rather to separate him pending an internal affairs investigation into the jailbreak situation, which was reasonable. He also granted the motion regarding mail, saying that prisons have the right to inspect mail to ensure it doesn't contain contraband. He partially dismissed due process claims for his expedited transfer to WCU, removing certain defendants that played less of a role in the transfer, but declined to dismiss the claim in regards to other defendants. The Judge completely upheld the cruel and unusual punishment claim for detention in WCU, saying that the plaintiff's continued detention there was not justified by continued disciplinary infractions.

After this motion was filed, the parties transitioned to settlement negotiations. On October 18, 2019, the parties came to a settlement agreement. The judge dismissed the case at this point, and no other docket activity is present. The terms of the settlement agreement were not in the docket, but press reports detailed that the state agreed to pay $425,000 to the plaintiff, $100,000 for each year he was in solitary confinement.

Summary Authors

Ellen Aldin (5/28/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4547724/parties/vermillion-v-plank/


Judge(s)

Baker, Tim A. (Indiana)

Rovner, Ilana Kara Diamond (Illinois)

Sykes, Diane S. (Wisconsin)

Van Bokkelen, Joseph S. (Indiana)

Wood, Diane Pamela (Illinois)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Bowman, Locke E. III (Illinois)

Filler, Maggie E (Illinois)

Johnson, Melinda K (District of Columbia)

Morical, Alice McKenzie (Indiana)

Judge(s)

Baker, Tim A. (Indiana)

Rovner, Ilana Kara Diamond (Illinois)

Sykes, Diane S. (Wisconsin)

Van Bokkelen, Joseph S. (Indiana)

Wood, Diane Pamela (Illinois)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Bowman, Locke E. III (Illinois)

Filler, Maggie E (Illinois)

Johnson, Melinda K (District of Columbia)

Morical, Alice McKenzie (Indiana)

Underwood, Matthew B (District of Columbia)

Wagner, Christopher D (Indiana)

Attorneys(s) for Defendant

Dickmeyer, David C (Indiana)

Guillory, Ryan J (Indiana)

Hancock, Marley Genele (Indiana)

Hill, Curtis T. Jr. (Indiana)

Jones, Benjamin Myron Lane (Indiana)

Nagy, Jonathan Paul (Indiana)

Wells, Destiny Reve Scott (Indiana)

Expert/Monitor/Master

Grassian, Stuart M.D., J.D. (Massachusetts)

Kupers, Terry (California)

Morgan, Robert (Texas)

Pacholke, Dan (Washington)

Documents in the Clearinghouse

Document

Docket [PACER]

Vermillion v. Plank

Oct. 21, 2019 Docket
8

Opinion and Order

Vermillion v. Plank

U.S. District Court for the Northern District of Indiana

2011 WL 13365780

Oct. 21, 2011 Order/Opinion
13

Opinion and Order

Vermillion v. Plank

U.S. District Court for the Northern District of Indiana

Feb. 2, 2012 Order/Opinion
14

Second Amended Prisoner Complaint

Vermillion v. Plank

U.S. District Court for the Northern District of Indiana

March 7, 2012 Complaint
14

Second Amended Prisoner Complaint

Vermillion v. Plank

U.S. District Court for the Northern District of Indiana

March 7, 2012 Complaint
17

Order

Vermillion v. Plank

U.S. District Court for the Northern District of Indiana

2012 WL 13189032

May 8, 2012 Order/Opinion
33

Order

Vermillion v. Plank

U.S. District Court for the Northern District of Indiana

2012 WL 13189033

Nov. 5, 2012 Order/Opinion
63

Opinion and Order

Vermillion v. Plank

U.S. District Court for the Northern District of Indiana

2014 WL 1116888

March 19, 2014 Order/Opinion
43

Order

U. S. Court of Appeals for the Seventh Circuit

604 Fed.Appx. 508

March 5, 2015 Order/Opinion
96

Plaintiff's Third Amended Prisoner's Civil Rights Complaint Under Title 42 U.S.C. & 1983

Vermillion v. Plank

May 8, 2015 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4547724/vermillion-v-plank/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

DOCUMENT STRICKEN BY ORDER 8 . PRO SE COMPLAINT with 28 copies of summons forms and 28 copies of USM-285 forms and with Jury Demand against Doug Barnes, Celia Bobson, Mark Brennan, Dawn Buss, Ralph Carrasco, Ernestine Cole, Debra Daugherty, Jane Doe, John Doe I, John Doe II, John Doe III, David Dombrowsky, Indiana State of, Robert Johnson, Bessie Leonard, David Leonard, Linda Leonard, Mark Levenhagen, Brett Mize, Howard Morton, Sally Nowatzke, Charles Penfold, Willard Plank, Stephanie Rothenberg, Craig Travis, D Walker, Larry Warg, Charles Whelan, filed by Jay F Vermillion. (Attachments: # 1 Exhibit - Grievance Reports)(smp) Modified on 7/14/2011 to correct file date (smp). Modified on 10/24/2011 (smp). [Transferred from Indiana Northern on 4/16/2015.] (Entered: 07/13/2011)

July 12, 2011 PACER
2

MOTION for Leave to Proceed in forma pauperis by Plaintiff Jay F Vermillion. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 07/13/2011)

July 12, 2011 PACER
3

MOTION to Appoint Counsel by Plaintiff Jay F Vermillion. (Attachments: # 1 Exhibits 1-6b)(smp) Modified on 7/14/2011 to correct file date (smp). [Transferred from Indiana Northern on 4/16/2015.] (Entered: 07/13/2011)

1 Exhibits 1-6b

View on PACER

July 12, 2011 PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis; orders facility having custody of Plaintiff to deduct $11.99 from his inmate trust account in payment of the initial partial filing fee; orders plaintiff to pay (and the facility having custody of him to automatically remit) to this court 20% of money he receives for each calendar month during which he receives $10.00 or more, until the $350.00 filing fee is paid in full. Signed by Judge Joseph S Van Bokkelen on 8/19/2011. (cc: Supt Westville Correctional) (kds) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 08/19/2011)

Aug. 19, 2011 PACER
5

Letter from Jay Vermillion asking for something confirming that materials were received. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 08/24/2011)

Aug. 23, 2011 PACER
6

Payment of initial partial Filing fee: $ 11.99, receipt number 3002091 (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 09/01/2011)

Aug. 31, 2011 PACER
7

ORDER denying as premature 3 Motion to Appoint Counsel. Plaintiff may renew his motion for appointment of counsel after the Court has screened his complaint. Signed by Magistrate Judge Christopher A Nuechterlein on 9/7/11. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 09/07/2011)

Sept. 7, 2011 PACER

Partial filing fee received: $ 8.00, receipt number INN3002295 (kds) [Transferred from Indiana Northern on 4/16/2015.]

Oct. 3, 2011 PACER
8

OPINION AND ORDER striking 1 Pro Se Complaint,, filed by Jay F Vermillion; amended complaint to be filed by 12/9/2011. Clerk to send blank 1983 form, summons and 285 forms. Signed by Judge Joseph S Van Bokkelen on 10/21/11. (sent 1983 form, 12 summons and 12 USM-285 forms) (smp) Modified on 10/24/2011 to correct type (smp). [Transferred from Indiana Northern on 4/16/2015.] (Entered: 10/24/2011)

Oct. 21, 2011 RECAP
9

BALANCE of Filing fee: $ 330.01, receipt number 3002626 (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 10/24/2011)

Oct. 24, 2011 PACER
10

MOTION to Alter and/or Amend Judgment by Plaintiff Jay F Vermillion. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 11/07/2011)

Nov. 3, 2011 PACER
11

STRICKEN BY ORDER 13 . AMENDED COMPLAINT against Doug Barnes, Celia Bobson, Mark Brennan, Dawn Buss, Ralph Carrasco, Ernestine Cole, Debra Daugherty, Jane Doe, John Doe I, John Doe II, John Doe III, David Dombrowsky, Indiana State of, Robert Johnson, Bessie Leonard, David Leonard, Linda Leonard, Mark Levenhagen, Brett Mize, Howard Morton, Sally Nowatzke, Charles Penfold, Willard Plank, Stephanie Rothenberg, Craig Travis, D Walker, Larry Warg, Charles Whelan, Gary Brennan, filed by Jay F Vermillion.(smp) Modified on 2/2/2012 (smp). [Transferred from Indiana Northern on 4/16/2015.] (Entered: 11/17/2011)

Nov. 16, 2011 PACER

RECEIPT of summons and 285 forms for defendants Gary Brennan and Dawn Walker from Jay F Vermillion. (smp) [Transferred from Indiana Northern on 4/16/2015.]

Nov. 16, 2011 PACER
12

ORDER denying as moot 10 Motion to Alter Judgment. Signed by Judge Joseph S Van Bokkelen on 11/17/11. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 11/18/2011)

Nov. 17, 2011 PACER
13

ORDER striking 11 Amended Complaint, filed by Jay F Vermillion, amended complaint containing only a single claim or related claims arising at the same facility to be filed by 3/8/2012.. Signed by Judge Joseph S Van Bokkelen on 2/2/12. (1983 form, summons and 285 forms sent)(smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 02/02/2012)

Feb. 2, 2012 PACER
14

SECOND AMENDED COMPLAINT against Doug Barnes, Celia Bobson, Gary Brennan, Dawn Buss, Ralph Carrasco, Ernestine Cole, David Dombrowsky, Indiana State of (In Dept of Corr), Robert Johnson, Bessie Leonard, David Leonard, Linda Leonard, Mark Levenhagen, Brett Mize, Howard Morton, Sally Nowatzke, Charles Penfold, Willard Plank, Stephanie Rothenberg, Craig Travis, Dawn Walker, Larry Warg, Charles Whelan, filed by Jay F Vermillion.(smp) Modified on 3/8/2012 to add text "second" (smp). [Transferred from Indiana Northern on 4/16/2015.] (Entered: 03/08/2012)

March 7, 2012 PACER
15

Letter from Jay Vermillion stating that summons and 285 forms were sent with first amended complaint of 11/14/11. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 03/08/2012)

March 7, 2012 PACER
16

NOTICE of Related Action by Jay F Vermillion (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 04/25/2012)

April 24, 2012 PACER
17

ORDER re 14 Second Amended Complaint, filed by Jay F Vermillion, DENYING plaintiff leave to proceed against multiple defendants on unrelated claims in his Second Amended Complaint; GRANTING leave to proceed against Defendants Mark Levenhagen, Howard Morton, Gary Brennan, Bret Mize and Sally Nowatzke in their individual capacities on claim in paragraphs E and F; DISMISSING and other claims and DISMISSING Party Dawn Buss, Ralph Carrasco, Ernestine Cole, David Dombrowsky, Indiana State of, Robert Johnson, Bessie Leonard, David Leonard, Linda Leonard, Charles Penfold, Willard Plank, Stephanie Rothenberg, Craig Travis, Dawn Walker, Larry Warg, Charles Whelan, Doug Barnes and Celia Bobson. USM to effect service. Signed by Judge Joseph S Van Bokkelen on 5/8/12. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 05/09/2012)

May 8, 2012 PACER
18

Summons Issued as to Gary Brennan, Mark Levenhagen, Brett Mize, Howard Morton, Sally Nowatzke. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 05/09/2012)

May 9, 2012 PACER
19

MOTION to Reconsider, Alter, and/or Amend Judgment by Plaintiff Jay F Vermillion. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 06/05/2012)

June 4, 2012 PACER
20

NOTICE of Appearance by Timothy Allon Renfro, Jr on behalf of Gary Brennan, Mark Levenhagen, Howard Morton, Sally Nowatzke (Renfro, Timothy) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 06/15/2012)

June 15, 2012 PACER
21

NOTICE by Gary Brennan, Mark Levenhagen, Howard Morton, Sally Nowatzke re 14 Amended Complaint, Initial Extension of Time (Renfro, Timothy) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 06/15/2012)

June 15, 2012 PACER
22

NOTICE of Appearance by Betsy M Isenberg on behalf of Gary Brennan, Mark Levenhagen, Howard Morton, Sally Nowatzke (Isenberg, Betsy) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 06/15/2012)

June 15, 2012 PACER

Reset Deadlines: Answer due 7/13/12 for defendants Brennan, Levenhagen, Morton, Nowatzke (jld) [Transferred from Indiana Northern on 4/16/2015.]

June 15, 2012 PACER
23

Summons Returned Unexecuted by Jay F Vermillion as to Brett Mize. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 06/25/2012)

June 21, 2012 PACER
24

SUMMONS Returned Executed by Jay F Vermillion. Gary Brennan served on 5/25/2012, answer due 6/15/2012. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 06/27/2012)

June 26, 2012 PACER
25

SUMMONS Returned Executed by Jay F Vermillion. Howard Morton served on 5/25/2012, answer due 6/15/2012. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 06/27/2012)

June 26, 2012 PACER

Reset Answer Deadlines for defendants Morton and Brennan to 7/13/12 per 21 . (smp) [Transferred from Indiana Northern on 4/16/2015.]

June 26, 2012 PACER
26

SUMMONS Returned Executed by Jay F Vermillion. Mark Levenhagen served on 5/25/2012, answer due 7/13/2012 per 12 . (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 06/27/2012)

June 26, 2012 PACER
27

SUMMONS Returned Executed by Jay F Vermillion. Sally Nowatzke served on 5/25/2012, answer due 7/13/2012 per 12 . (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 06/27/2012)

June 26, 2012 PACER
28

Letter from Jay Vermillion requesting copy of 19 . (Sent) (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 07/05/2012)

July 3, 2012 PACER
29

ANSWER to 14 Amended Complaint, and Statement of Defenses by Gary Brennan, Mark Levenhagen, Howard Morton, Sally Nowatzke.(Renfro, Timothy) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 07/13/2012)

July 13, 2012 PACER
31

Letter from Jay Vermillion re: Motion for reconsideration (kds) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 09/06/2012)

Sept. 4, 2012 PACER
32

ORDER vacating 30 scheduling order. The Court will reenter a scheduling order after the Court rules on the Plaintiff's motion to reconsider the screening order. Signed by Magistrate Judge Christopher A Nuechterlein on 10/19/12. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 10/19/2012)

Oct. 19, 2012 PACER
33

ORDER granting in part and denying in part 19 MOTION to Alter Judgment filed by Jay F Vermillion., ( Plaintiff to advise the Court by 12/7/12 whether he wishes to continue on claim that officials violated his 14th amendment rights when they transferred him to WCU, or against a Defendant on other claims). Signed by Judge Joseph S Van Bokkelen on 11/5/12. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 11/06/2012)

Nov. 5, 2012 PACER
34

MOTION for Reconsideration re 33 Order by Plaintiff Jay F Vermillion. (Attachments: # 1 Memorandum in Support)(jld) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 12/04/2012)

1 Memorandum in Support

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Dec. 3, 2012 PACER
35

NOTICE of Change of Address by Jay F Vermillion from Westville Control Unit to Pendleton Correctional Facility. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 02/28/2013)

Feb. 27, 2013 PACER
36

ORDER for clerk to forward copy of 4 Order on Motion for Leave to Proceed in forma pauperis, to the Superintendent of the Pendleton Correctional Facility. Signed by Magistrate Judge Christopher A Nuechterlein on 4/12/13. (smp) (Copy to Supt Pendleton) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 04/12/2013)

April 12, 2013 PACER
37

Letter from Jay Vermillion re order of 4/12/13 which stated that he still owed $330.01. (Attached receipt which shows payment) (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 04/29/2013)

April 25, 2013 PACER
38

MOTION to Withdraw as Attorney of record by Defendants Gary Brennan, Mark Levenhagen, Howard Morton, Sally Nowatzke. (Isenberg, Betsy) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 04/29/2013)

April 29, 2013 PACER
39

ORDER advising Superintendent of the Pendleton Correctional Facility that plaintiff Jay Vermillion has paid the filing fee in this case in full. Signed by Magistrate Judge Christopher A Nuechterlein on 5/9/13. (smp)(Copy to Supt) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 05/09/2013)

May 9, 2013 PACER
40

ORDER granting 38 Motion to Withdraw as Attorney. Attorney Betsy M Isenberg terminated as counsel for defendants. Signed by Magistrate Judge Christopher A Nuechterlein on 5/10/13. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 05/10/2013)

May 10, 2013 PACER
41

ORDER TO SHOW CAUSE Response to Order to Show Cause due by 6/27/2013 to show cause why defendant Mize should not be dismissed from this case pursuant to FRCP 4(m). Signed by Magistrate Judge Christopher A Nuechterlein on 5/29/13. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 05/29/2013)

May 29, 2013 PACER
42

RESPONSE TO ORDER TO SHOW CAUSE by Jay F Vermillion filed by Jay F Vermillion. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 07/09/2013)

July 3, 2013 PACER
43

MOTION for Extension of Time to serve process on defendant Mize by Plaintiff Jay F Vermillion. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 07/09/2013)

July 3, 2013 PACER
44

OPINION AND ORDER denying 34 Motion for Reconsideration. Dispositive motions to be filed by 10/7/2013. All discovery is STAYED pending the filing of notice that defendants waive their opportunity to file dispositive motion, or resolution of the dispositive motion, except discovery directed at the question of exhaustion. Signed by Judge Joseph S Van Bokkelen on 7/15/13. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 07/16/2013)

July 15, 2013 RECAP
45

ORDER granting 43 Motion for Extension of Time to provide the Court with new summons and USM-285 forms for Defendant Mize. Deficiency to be cured by 8/30/2013,. Signed by Judge Joseph S Van Bokkelen on 7/16/13. (smp) (2 summonses and 1 285 form sent) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 07/19/2013)

July 16, 2013 PACER
46

NOTICE OF MOTION by Jay F Vermillion (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 07/23/2013)

July 22, 2013 PACER
47

MOTION to Amend 14 Second Amended Complaint, by Plaintiff Jay F Vermillion. (Attachments: # 1 Amended Complaint)(smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 07/23/2013)

1 Amended Complaint

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July 23, 2013 PACER
48

NOTICE of Change of Address by Jay F Vermillion from Westville Control Unit to Pendleton Correctional Facility (Indiana State Reformatory). (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 07/26/2013)

July 25, 2013 PACER
49

ORDER denying 47 Motion for leave to amend. Signed by Magistrate Judge Christopher A Nuechterlein on 8/6/13. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 08/07/2013)

Aug. 6, 2013 PACER
50

RECEIPT of completed summons and 285 form for defendant Mize from Jay F Vermillion. (Attachments: # 1 2 proposed summons, # 2 USM-285)(smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 09/03/2013)

1 2 proposed summons for defendant Mize

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2 USM-285

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Aug. 30, 2013 PACER
51

ORDER re 50 Receipt filed by Jay F Vermillion. Court directs USM to attempt service on Defendant Brett Mize at the address provided. Signed by Judge Joseph S Van Bokkelen on 9/4/13. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 09/04/2013)

Sept. 4, 2013 PACER
52

ALIAS SUMMONS ISSUED as to Brett Mize. NOTE: The attached document should not be used to effect service of process. Only copies that bear the seal of the court should be used for service of process. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 09/04/2013)

Sept. 4, 2013 PACER
53

MOTION for Summary Judgment by Defendants Gary Brennan, Mark E Levenhagen, Howard Morton, Sally Nowatzke. (Attachments: # 1 Exhibit A - Declaration of Jack Hendrix with attachments)(Renfro, Timothy) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 10/07/2013)

1 Exhibit A - Declaration of Jack Hendrix with attachments

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Oct. 7, 2013 PACER
54

MEMORANDUM in Support of 53 MOTION for Summary Judgment filed by Gary Brennan, Mark E Levenhagen, Howard Morton, Sally Nowatzke. (Renfro, Timothy) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 10/07/2013)

Oct. 7, 2013 PACER
55

NOTICE by Gary Brennan, Mark E Levenhagen, Howard Morton, Sally Nowatzke of Summary Judgment Motion (Renfro, Timothy) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 10/07/2013)

Oct. 7, 2013 PACER
56

Summons Returned Unexecuted by Jay F Vermillion as to Brett Mize. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 10/28/2013)

Oct. 25, 2013 PACER
57

ORDER. Response to motion for summary judgment to be filed by 1/13/2014. Signed by Judge Joseph S Van Bokkelen on 12/9/13. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 12/09/2013)

Dec. 9, 2013 PACER
58

MOTION to Compel service of motion for summary judgment upon plaintiff; MOTION for Extension of Time to File Response to 53 MOTION for Summary Judgment by Plaintiff Jay F Vermillion. (Attachments: # 1 envelope)(smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 01/14/2014)

1 envelope

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Jan. 9, 2014 PACER
59

RESPONSE to Motion re 58 MOTION to Compel MOTION for Extension of Time to File Response/Reply as to 53 MOTION for Summary Judgment filed by Gary Brennan, Mark E Levenhagen, Howard Morton, Sally Nowatzke. (Attachments: # 1 Exhibit A - Signed Receipt for Records Received from DAG Renfro)(Renfro, Timothy) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 01/15/2014)

1 Exhibit A - Signed Receipt for Records Received from DAG Renfro

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Jan. 15, 2014 PACER
60

ORDER granting 58 Motion to Compel; granting 58 Motion for Extension of Time to File Response/Reply Reply to be filed by 3/14/2014. Response to be filed by 2/28/2014. Clerk directed to send plaintiff copy of 53, 54, and 55 . Signed by Judge Joseph S Van Bokkelen on 1/15/14. (smp)(copies sent) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 01/16/2014)

Jan. 15, 2014 PACER
61

RESPONSE to Motion re 53 MOTION for Summary Judgment filed by Jay F Vermillion. (Attachments: # 1 Declaration in opposition to motion for summary judgment, # 2 Exhibits, # 3 envelope)(smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 02/28/2014)

1 Declaration in opposition to motion for summary judgment

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2 Exhibits

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3 envelope

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Feb. 27, 2014 PACER
62

REPLY to Response to Motion re 53 MOTION for Summary Judgment (Supporting) filed by Gary Brennan, Mark E Levenhagen, Howard Morton, Sally Nowatzke. (Renfro, Timothy) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 03/12/2014)

March 12, 2014 PACER
63

OPINION AND ORDER granting 53 Defendants' Motion for Summary Judgment. This action is DISMISSED WITHOUT PREJUDICE pursuant to 42 USC 1997e(a). Signed by Judge Joseph S Van Bokkelen on 3/19/14. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 03/20/2014)

March 19, 2014 RECAP
64

CLERK'S ENTRY OF JUDGMENT. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 03/21/2014)

March 21, 2014 PACER
65

AMENDED JUDGMENT to 64 Clerks Judgment. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 04/04/2014)

April 4, 2014 PACER
66

MOTION to Reconsider, Alter and/or Amend Judgment re 63 Order on Motion for Summary Judgment by Plaintiff Jay F Vermillion. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 05/06/2014)

May 5, 2014 PACER
67

MEMORANDUM in Support of 66 MOTION for Reconsideration re 63 Order on Motion for Summary Judgment filed by Jay F Vermillion. (Attachments: # 1 envelope)(smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 05/06/2014)

1 envelope

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May 5, 2014 PACER
68

RESPONSE to Motion re 66 MOTION for Reconsideration re 63 Order on Motion for Summary Judgment or to Alter and/or Amend Judgment (Opposing) filed by Gary Brennan, Mark E Levenhagen, Howard Morton, Sally Nowatzke. (Renfro, Timothy) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 05/16/2014)

May 16, 2014 PACER
69

ORDER denying 66 Motion for Reconsideration. Signed by Judge Joseph S Van Bokkelen on 5/16/14. (smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 05/19/2014)

May 16, 2014 PACER
70

VERIFIED MOTION to Change Venue by Plaintiff Jay F Vermillion. (Attachments: # 1 envelope)(smp) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 05/21/2014)

1 envelope

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May 19, 2014 PACER
71

NOTICE of Appearance by Betsy M Isenberg on behalf of Gary Brennan, Mark E Levenhagen, Howard Morton, Sally Nowatzke (Isenberg, Betsy) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 06/04/2014)

June 4, 2014 PACER
72

MOTION to Withdraw as Attorney of T. Allon Renfro by Defendants Gary Brennan, Mark E Levenhagen, Howard Morton, Sally Nowatzke. (Renfro, Timothy) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 06/04/2014)

June 4, 2014 PACER
73

ORDER granting 72 Motion to Withdraw as Attorney. Attorney Timothy Allon Renfro, Jr terminated. Approved by Magistrate Judge Christopher A Nuechterlein on 6/4/14. (slm) Modified on 6/4/2014 (slm). [Transferred from Indiana Northern on 4/16/2015.] (Entered: 06/04/2014)

June 4, 2014 PACER
74

ORDER denying 70 Motion to Change Venue. Signed by Judge Joseph S Van Bokkelen on 6/13/2014. (kds) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 06/16/2014)

June 13, 2014 PACER
75

NOTICE OF APPEAL as to 69 Order on Motion for Reconsideration by Jay F Vermillion. Receipt of partial Filing fee $5, receipt number 3010700. (rmc) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 06/18/2014)

June 16, 2014 PACER
76

Docketing Statement re: 75 Notice of Appeal filed by Jay F Vermillion. (rmc) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 06/18/2014)

June 16, 2014 PACER
77

MOTION for Leave to Appeal in forma pauperis (Prisoner Trust Account Ledger attached) by Plaintiff Jay F Vermillion. (Attachments: # 1 Certificate of Prisoner Account)(rmc) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 06/18/2014)

1 Certificate of Prisoner Account

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June 16, 2014 PACER
78

Short Record Sent to US Court of Appeals re 75 Notice of Appeal. No appeal fees paid. (Attachments: # 1 Short Record)(rmc) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 06/18/2014)

1 Short Record

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June 18, 2014 PACER
80

USCA Case Number 14-2327 for 75 Notice of Appeal filed by Jay F Vermillion. (kds) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 06/23/2014)

June 18, 2014 PACER
81

PLRA FEE NOTICE AND ORDER of USCA as to 75 Notice of Appeal filed by Jay F Vermillion (kds) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 06/23/2014)

June 18, 2014 PACER
79

ORDER granting 77 Motion for Leave to Appeal in forma pauperis. The Court WAIVES the initial partial appellate filing fee and ORDERS the plaintiff, Jay F. Vermillion, IDOC #973683, to pay (and the facility having custody of him to automatically remit) to the Clerk of this Court 20% of the money he receives for each calendar month during which he receives $10 or more, until the $505 appellate filing fee is paid in full; and DIRECTS the Clerk to ensure that a copy of this order is mailed to each facility where Plaintiff is housed until the filing fee has been paid in full. Signed by Judge Joseph S Van Bokkelen on 6/19/2014. (rmc) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 06/19/2014)

June 19, 2014 PACER
82

MOTION to Withdraw Record, or Obtain Portions of It, for Preparation of Appellant's Brief and Appendix by Plaintiff Jay F Vermillion. (rmc) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 07/14/2014)

July 9, 2014 PACER
83

Letter from 7th Circuit Court of Appeals requesting record on appeal. (kds) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 07/29/2014)

July 28, 2014 PACER
84

Transmitted Record on Appeal to US Court of Appeals re 75 Notice of Appeal (via email) (kds) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 07/31/2014)

July 31, 2014 PACER
85

NOTICE of Docketing Record on Appeal from USCA re 75 Notice of Appeal filed by Jay F Vermillion. (kds) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 08/04/2014)

July 31, 2014 PACER
86

ORDER denying 82 Motion to Withdraw Record. Signed by Judge Joseph S Van Bokkelen on 9/4/2014. (rmc) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 09/04/2014)

Sept. 4, 2014 PACER
87

MANDATE of USCA as to 75 Notice of Appeal filed by Jay F Vermillion. The judgment of the District Court is VACATED insofar as it dismisses any claim against defendants and as to those defendants, the case is remanded. No record to be returned. (Attachments: # 1 certified final jgm, # 2 certified order, # 3 certified nonprecendential disposition)(kds) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 04/07/2015)

1 certified final jgm

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2 certified order

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3 certified nonprecendential disposition

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April 6, 2015 PACER
88

Consent to Receipt of Documents Through Prisoner Electronic Filing Program by Jay F Vermillion (jld) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 04/15/2015)

April 15, 2015 PACER
89

PLAINTIFF'S RENEWED VERIFIED MOTION to Change Venue by Jay F Vermillion. (jld) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 04/15/2015)

April 15, 2015 PACER
90

ORDER: Pursuant to the 4/6/15 mandate of the US Court of Appeals and 70 & 89 MOTIONS to Change Venue filed by Jay F Vermillion, this case is transferred to the Southern District of Indiana pursuant to 28 U.S.C. ยง 1404(a).. Signed by Judge Joseph S Van Bokkelen on 4/15/15. (jld) [Transferred from Indiana Northern on 4/16/2015.] (Entered: 04/15/2015)

April 15, 2015 PACER
91

Case transferred in from District of Indiana Northern; Case Number 3:11-cv-00280. Original file copy of transfer order and docket sheet received. (Entered: 04/16/2015)

April 16, 2015 PACER
93

CONSENT to Prisoner E-Service by JAY F. VERMILLION. Pursuant to General Order 2013-1, documents submitted by JAY F. VERMILLION 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. (NRN) (Entered: 04/22/2015)

April 21, 2015 PACER
94

Position Statement by JAY F. VERMILLION. (NRN) (Entered: 04/22/2015)

April 21, 2015 PACER
92

ENTRY Discussing Mandate and Directing Further Proceedings - The plaintiff shall have through 5/15/15, in which to file a third amended complaint setting forth all claims, federal and state, against defendants Levenhagen, Morton, Brennan, Mize, Nowatzke, Plank, Buss, Whelan, and Carrasco. (cm). Signed by Judge Richard L. Young on 4/22/2015.(TMD) (Entered: 04/22/2015)

April 22, 2015 PACER
95

MOTION to Clarify the Title of This Case, filed by Plaintiff JAY F. VERMILLION. (NRN) (Entered: 05/01/2015)

May 1, 2015 PACER
96

THIRD AMENDED COMPLAINT against GARY BRENNAN, DAWN BUSS, Ralph Carrasco, MARK E. LEVENHAGEN, BRETT MIZE, HOWARD MORTON, SALLY NOWATZKE, WILLARD PLANK, Charles Whelan, IDOC Tort Claims Defendants, filed by JAY F. VERMILLION.(TMB) Modified on 5/8/2015 (TMB). (Entered: 05/08/2015)

May 8, 2015 PACER
97

DISMISSAL - of certain claims (SEE ENTRY). Clerk designated to issue and serve process on defendants Plank, Buss, Whelan and Carrasco. Counsel for defendants who have appeared in this action shall have through 6/17/15 to answer/respond to third amended complaint. (cm). Signed by Judge Richard L. Young on 5/22/2015.(TMD) (Entered: 05/22/2015)

May 22, 2015 PACER

State / Territory: Indiana

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: April 16, 2015

Closing Date: Oct. 21, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoner in Indiana correctional system subjected to long-term solitary confinement

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MacArthur Justice Center

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Indiana Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $425,000

Issues

General:

Administrative segregation

Classification / placement

Conditions of confinement

Disciplinary procedures

Disciplinary segregation

Grievance Procedures

Loss or damage to property

Mail

Over/Unlawful Detention

Sanitation / living conditions

Solitary confinement/Supermax (conditions or process)

Totality of conditions

Type of Facility:

Government-run