Case: Crumley v. Forestal

1:19-cv-04110 | U.S. District Court for the Southern District of Indiana

Filed Date: Oct. 4, 2019

Closed Date: Sept. 16, 2022

Clearinghouse coding complete

Case Summary

This is a case about an individual with an intellectual disability and mental health diagnoses who was detained against medical advice and, while in custody, was denied basic medical care, supervision, reasonable accommodations and support necessary to protect him from harm and injury. On October 4, 2019, plaintiff, through his guardian and with counsel by Indiana Disability Rights, filed an action in the U.S. District Court for the Southern District of Indiana. Plaintiff sued the Marion County…

This is a case about an individual with an intellectual disability and mental health diagnoses who was detained against medical advice and, while in custody, was denied basic medical care, supervision, reasonable accommodations and support necessary to protect him from harm and injury.

On October 4, 2019, plaintiff, through his guardian and with counsel by Indiana Disability Rights, filed an action in the U.S. District Court for the Southern District of Indiana. Plaintiff sued the Marion County Sheriff’s Department, the Metropolitan Indianapolis Police Department, Correct Care Solutions (aka Wellpath LLC) (the jail medical provider), and a number of individuals working for these entities in their personal capacities, for unconstitutional denial of protection and deliberate indifference to his medical needs in violation of the Fourth, Eighth, and Fourteenth Amendments to the U.S. Constitution, the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and the laws and public policies of the State of Indiana. The case was assigned to Judge Tanya Walton Pratt.

Plaintiff was on an outing with his fellow group home residents when a local business owner called the police to report that he was throwing rocks at a sign. When police arrived, the group home staff reported that plaintiff had earlier bitten a fellow resident, who police observed bleeding. Plaintiff was unresponsive to police questioning, consistent with his disabilities, and group home staff were unable to answer questions regarding policies in such situations or about plaintiff's medications. Police arrested plaintiff for misdemeanor battery on his fellow resident, citing a policy that required arrest for alleged offenses involving a victim, and ordered that he be taken immediately into temporary custody at Eskenazi Hospital. Hospital staff determined that he did not meet the criteria for admission and asked police to drop the charges, but they declined, citing policy. Plaintiff was therefore transferred to Marion County Jail. Jail staff noted that plaintiff had behavior health needs and was unable to communicate. He was held in a single cell, but not provided with his medication (Clozaril) or any supports. As a result, he decompensated quickly, injuring himself and requiring readmission to the hospital. He was released within 3 days, and thereafter required further hospitalization and a precipitous decline in his health as a result of his withdrawal from medication.

Litigation was extensive, with a number of disputes over the correct classification of defendants and medical records discovery. Efforts by particular staff members to absolve themselves via motion for summary judgment were denied (except in relation to claims of injunctive relief which were improper given that plaintiff was no longer incarcerated.) On October 20, 2020, defendant Wellpath LLC/Correct Care Solutions was dismissed by stipulation from all parties, and on October 21, 2020 plaintiff filed an amended complaint without the claims against Wellpath, and substituting the City of Indianapolis as the proper defendant for the Indianapolis Metropolitan Police Department and the Chief of the Indianapolis Police Department.

On February 15, 2021, plaintiff filed a motion for partial summary judgment against the City of Indianapolis and the Marion County Sheriff. Defendants subsequently filed cross-motions. The case was reassigned to Judge Robert L Miller on April 15, 2021. 

On September 2, 2021, the court ruled against plaintiff's motions for summary judgment. He ruled in favor of the City of Indianapolis in relation to the ADA claim plaintiff made against police for effectuating the arrest when a citation and summons were available, on the grounds that plaintiff was a danger to himself or others. The court similarly ruled in favor of the individual municipal defendants in respect of plaintiff's constitutional claims under §1983. However, the court denied summary judgment to the Marion County Sheriff’s Office in relation to ADA claims, which were more settled in the jail and prison context than in the context of police arrest. 

The case was thereafter reassigned back to Judge Tanya Walton Pratt. In December 2021, the previously medical defendants filed a bill of costs, then later withdrew it after plaintiff filed objections. Several months of pre-trial conferences ensued, and on August 2, 2022, the parties settled. The terms of the settlement agreement are unknown to the Clearinghouse. The case was closed on September 16, 2022.

Summary Authors

NDRN (12/15/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16293393/parties/crumley-v-forestall/


Judge(s)

Pratt, Tanya Walton (Indiana)

Attorney for Plaintiff

Adams, Samuel Mark (Indiana)

Crishon, Thomas E. (Indiana)

Munson, Emily A (Indiana)

Attorney for Defendant

Overholt, Anthony W. (Indiana)

show all people

Documents in the Clearinghouse

Document
1

1:19-cv-04110

Complaint for Damages and Injunctive Relief

Crumley v. Forestal, et al.

Oct. 4, 2019

Oct. 4, 2019

Complaint
77

1:19-cv-04110

Statement of Claims

Crumley v. Forestal, et al.

Oct. 13, 2020

Oct. 13, 2020

Pleading / Motion / Brief
86

1:19-cv-04110

Order on Joint Motion to Stay Dispositive Motion Deadline and to Set Amended Briefing Schedule Contingent Upon Court Ruling

Crumley v. Forestal, et al.

Nov. 12, 2020

Nov. 12, 2020

Order/Opinion
93

1:19-cv-04110

Order Denying in Part and Granting in Part Defendant's Motion for Partial Judgment on the Pleadings

Crumley v. Forestal, et al.

Jan. 8, 2021

Jan. 8, 2021

Order/Opinion

2021 WL 75166

96

1:19-cv-04110

Plaintiffs’ Memorandum of Law in Support of Partial Motion for Summary Judgment

Crumley v. Forestal, et al.

Feb. 5, 2021

Feb. 5, 2021

Pleading / Motion / Brief
98

1:19-cv-04110

Entry

Crumley v. Forestal, et al.

Feb. 12, 2021

Feb. 12, 2021

Order/Opinion
125

1:19-cv-04110

Order on Motion for Summary Judgment AND Order on Motion for Summary Judgment AND Order on Motion for Summary Judgment

Crumley v. Forestal, et al.

Sept. 29, 2021

Sept. 29, 2021

Order/Opinion

2021 WL 4454111

128

1:19-cv-04110

Opinion and Order

Crumley v. Forestal, et al.

Oct. 19, 2021

Oct. 19, 2021

Order/Opinion

2021 WL 4895324

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16293393/crumley-v-forestall/

Last updated Aug. 14, 2025, 9:32 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Damages and Injunctive Relief against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-5662867) (Attachments: # 1 Proposed Summons, # 2 Civil Cover Sheet)(Gray, Nikki) Modified on 10/7/2019 (REO). (Entered: 10/04/2019)

1 Proposed Summons summonses

View on PACER

2 Civil Cover Sheet civil cover sheet

View on PACER

Oct. 4, 2019

Oct. 4, 2019

Clearinghouse
2

NOTICE of Appearance by Nikki G. Gray on behalf of Plaintiff Keith R Crumley. (Gray, Nikki) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
3

Summons Issued as to DIEDRA D. BAKER, TYLER BOUMA, CORRECT CARE SOLUTIONS, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, TERESA PIERCE, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER. (REO) (Entered: 10/07/2019)

Oct. 7, 2019

Oct. 7, 2019

PACER
4

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) (Entered: 10/07/2019)

Oct. 7, 2019

Oct. 7, 2019

PACER
5

Proposed Summons submitted for issuance by the clerk as to INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, MARION COUNTY SHERIFF'S OFFICE. (Gray, Nikki) (Entered: 10/07/2019)

Oct. 7, 2019

Oct. 7, 2019

PACER
6

NOTICE of Appearance by Justin C. Schrock on behalf of Plaintiff KEITH R. CRUMLEY. (Schrock, Justin) (Entered: 10/07/2019)

Oct. 7, 2019

Oct. 7, 2019

PACER
7

Summons Issued as to INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, MARION COUNTY SHERIFF'S OFFICE. (NAD) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER
8

NOTICE of Appearance by Anthony W. Overholt on behalf of Defendants DIEDRA D. BAKER, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, JOANNA SAHM, WILLIAM WEAVER. (Overholt, Anthony) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER
9

Proposed Summons submitted for issuance by the clerk as to TERESA PIERCE. (Gray, Nikki) (Entered: 10/21/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER
10

Summons Issued as to TERESA PIERCE. (CKM) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

PACER
11

NOTICE of Appearance by Andrew J. Upchurch on behalf of Defendants DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, TERESA PIERCE, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER. (Upchurch, Andrew) (Entered: 10/23/2019)

Oct. 23, 2019

Oct. 23, 2019

PACER
12

NOTICE of Parties' First Extension of Time, filed by Defendants DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, TERESA PIERCE, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER. (Upchurch, Andrew) (Entered: 10/24/2019)

Oct. 24, 2019

Oct. 24, 2019

PACER
13

SCHEDULING ORDER: Initial Pretrial Conference set for 12/4/2019 11:00 AM (Eastern Time) in room #277, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Debra McVicker Lynch. Read this entire order carefully; it sets out the court's expectations for the conference. Signed by Magistrate Judge Debra McVicker Lynch on 10/25/2019.(SWM) (Entered: 10/28/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
14

NOTICE of Appearance by Carol A. Dillon on behalf of Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE. (Dillon, Carol) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

PACER
15

WAIVER OF SERVICE Returned Executed, filed by CORRECT CARE SOLUTIONS. CORRECT CARE SOLUTIONS waiver sent on 10/7/2019. (Dillon, Carol) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

PACER
16

WAIVER OF SERVICE Returned Executed, filed by TERESA PIERCE. TERESA PIERCE waiver sent on 10/7/2019. (Dillon, Carol) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

PACER
17

Corporate Disclosure Statement by CORRECT CARE SOLUTIONS identifying Corporate Parent CCS INTERMEDIATE HOLDINGS, LLC for CORRECT CARE SOLUTIONS.. (Dillon, Carol) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

PACER
18

NOTICE of Appearance by Christopher Andrew Farrington on behalf of Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE. (Farrington, Christopher) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

PACER
19

MEDICAL DEFENDANTS ANSWER to 1 Complaint FOR DAMAGES AND INJUNCTIVE RELIEF, filed by CORRECT CARE SOLUTIONS, TERESA PIERCE.(Farrington, Christopher) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

PACER
20

RETURN of Service by CMRRR by KEITH R. CRUMLEY. DIEDRA D. BAKER served on 10/9/2019; TYLER BOUMA served on 10/9/2019; TANESHA S. CREAR served on 10/11/2019; KERRY J. FORESTALL served on 10/9/2019; FOXWORTHY served on 10/9/2019; ROBERT D. FREDERICK served on 10/9/2019; INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT served on 10/10/2019; KHYREE JONES served on 10/9/2019; MARION COUNTY SHERIFF'S OFFICE served on 10/10/2019; BRYAN K. ROACH served on 10/9/2019; JOANNA SAHM served on 10/9/2019; WILLIAM WEAVER served on 10/9/2019. (Attachments: # 1 Exhibit certified mail receipts, # 2 Exhibit executed proof of service, # 3 Exhibit USPS tracking of certified mailing)(Gray, Nikki) Modified on 11/18/2019 - Edited docket text for administrative purposes. Added Defendants TERESA PIERCE and CORRECT CARE SOLUTIONS also known as WELLPATH LLC as served on 10/9/2019 and 10/11/2019 respectively(NAD). (Entered: 11/15/2019)

Nov. 15, 2019

Nov. 15, 2019

PACER
21

Agreed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff KEITH R. CRUMLEY . (Gray, Nikki) (Entered: 11/22/2019)

Nov. 22, 2019

Nov. 22, 2019

PACER
22

MOTION to Withdraw Attorney Appearance, filed by Defendant TERESA PIERCE. (Attachments: # 1 Text of Proposed Order Granting Motion to Withdraw)(Upchurch, Andrew) (Entered: 11/22/2019)

Nov. 22, 2019

Nov. 22, 2019

PACER
23

ORDER - granting 22 Motion to Withdraw Attorney Appearance. Andrew J. Upchurch's appearance on behalf of Defendant, Teresa Pierce, is WITHDRAWN and TERMINATED. Signed by Judge Tanya Walton Pratt on 11/25/2019. (NAD) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

PACER
24

ANSWER to 1 Complaint, filed by DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, BRYAN K. ROACH, JOANNA SAHM.(Upchurch, Andrew) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER
25

MINUTE ORDER for Initial Pretrial Conference held before Magistrate Judge Debra McVicker Lynch on 12/4/2019 - The case management plan submitted in this case is approved as modified by the magistrate judge in the margins of the case management plan. This case is set for a telephone status conference on March 10, 2020, 11:00 a.m. (Eastern). Signed by Magistrate Judge Debra McVicker Lynch. (JD) (Entered: 12/06/2019)

Dec. 6, 2019

Dec. 6, 2019

PACER
26

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 10/4/2020. Discovery due by 8/4/2020. Signed by Magistrate Judge Debra McVicker Lynch on 12/6/2019.(SWM) (Entered: 12/09/2019)

Dec. 6, 2019

Dec. 6, 2019

PACER
27

Corporate Disclosure Statement by CORRECT CARE SOLUTIONS identifying Corporate Parent Wellpath Group Holdings, LLC for CORRECT CARE SOLUTIONS.. (Farrington, Christopher) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER
28

ORDER Regarding Discovery Disputes. See Order. Signed by Magistrate Judge Debra McVicker Lynch on 12/12/2019.(SWM) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER
29

Amended ANSWER to 1 Complaint, filed by DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER.(Upchurch, Andrew) (Entered: 12/18/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER
30

NOTICE of Parties' First Extension of Time, filed by Defendants DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER. (Upchurch, Andrew) (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER
31

Exhibit List Preliminary, filed by Plaintiff KEITH R. CRUMLEY. (Gray, Nikki) (Entered: 02/11/2020)

Feb. 11, 2020

Feb. 11, 2020

PACER
32

Witness List Preliminary, filed by Plaintiff KEITH R. CRUMLEY. (Gray, Nikki) (Entered: 02/11/2020)

Feb. 11, 2020

Feb. 11, 2020

PACER
33

Witness List Preliminary, filed by Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE, Exhibit List Preliminary, filed by Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE. (Farrington, Christopher) (Entered: 02/17/2020)

Feb. 17, 2020

Feb. 17, 2020

PACER
34

Witness List Preliminary, filed by Defendants DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER, Exhibit List Preliminary, filed by Defendants DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER. (Upchurch, Andrew) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

PACER
36

Entry from Status Conference - The parties, by counsel, appeared for a status conference on March 10, 2020, with the magistrate judge. The conference was held and concluded without further order. Signed by Magistrate Judge Debra McVicker Lynch. (JLS) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
37

NOTICE of Parties' First Extension of Time, filed by Defendants KERRY J. FORESTALL, MARION COUNTY SHERIFF'S OFFICE. (Upchurch, Andrew) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
38

First MOTION for Judgment on the Pleadings, PARTIAL, filed by Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE. (Attachments: # 1 Text of Proposed Order Granting Motion)(Farrington, Christopher) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

PACER
39

BRIEF/MEMORANDUM in Support re 38 First MOTION for Judgment on the Pleadings, PARTIAL, filed by Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE. (Farrington, Christopher) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

PACER
40

MOTION for Protective Order, filed by Defendant KERRY J. FORESTALL. (Attachments: # 1 Exhibit 1 - Uniform Stipulated Protective Order)(Upchurch, Andrew) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
41

UNIFORM STIPULATED PROTECTIVE ORDER 40 Approved and ORDERED. Signed by Magistrate Judge Debra McVicker Lynch on 3/26/2020.(SWM) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
42

SCHEDULING ORDER: Status Conference set for 7/20/2020 09:30 AM (Eastern Time) in Telephonic before Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge Debra McVicker Lynch on 3/26/2020.(SWM) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
43

ORDER Setting Settlement Conference and Related Deadlines: Settlement Conference set for 8/10/2020 09:30 AM (Eastern Time) in room #277, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Debra McVicker Lynch. On or before three (3) business days before the conference, the parties shall submit (not file) a confidential settlement statement. See Order for additional details. Signed by Magistrate Judge Debra McVicker Lynch on 3/26/2020.(SWM) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
44

First MOTION for Extension of Time to File Response to April 29, 2020 re 38 First MOTION for Judgment on the Pleadings, PARTIAL, filed by Plaintiff KEITH R. CRUMLEY. (Attachments: # 1 Text of Proposed Order)(Gray, Nikki) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
45

ENTRY - granting 44 Motion for Extension of Time to File Response to 4/29/2020 re 38 First MOTION for Judgment on the Pleadings, PARTIAL. Signed by Judge Tanya Walton Pratt on 3/27/2020. (NAD) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
46

SCHEDULING ORDER - Having approved the Case Management Plan as amended, the Court hereby sets the final pretrial conference on May 12, 2021 at 3:00 p.m. in Room 330, and the jury trial to begin on June 7, 2021 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. The final pretrial conference is for attorneys only. At the final pretrial conference, Counsel shall be prepared to discuss the status of the action, including all matters requiring completion prior to trial. Counsel shall review the Court's Courtroom Procedures and Trial Practice. Signed by Judge Tanya Walton Pratt on 4/20/2020.(NAD) (Entered: 04/21/2020)

April 20, 2020

April 20, 2020

PACER
47

TRIAL PROCEDURES AND PRACTICES before Judge Tanya Walton Pratt. (NAD) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
48

RESPONSE in Opposition re 38 First MOTION for Judgment on the Pleadings, PARTIAL, filed by Plaintiff KEITH R. CRUMLEY. (Gray, Nikki) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
49

REPLY in Support of Motion re 38 First MOTION for Judgment on the Pleadings, PARTIAL, filed by Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE. (Farrington, Christopher) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
50

Unopposed MOTION for Extension of Time to October 4, 2020 to complete non-expert witness discovery and discovery relating to liability issues, October 12, 2020 to file a statement of the claims or defenses it intends to prove at trial, and December 3, 2020 to file dispositive motions, filed by Defendants DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, BRYAN K. ROACH, WILLIAM WEAVER. (Attachments: # 1 Text of Proposed Order Granting Motion for Extension of Time)(Upchurch, Andrew) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
51

Order - Granting 50 Motion for Extension of Time. Dispositive motions are expected and shall be filed by December 3, 2020; nonexpert witness discovery and discovery relating to liability issues shall be completed by October 4, 2020; expert witness discovery and discovery relating; expert witness discovery and discovery relating to damages shall be completed by January 4, 2021. All remaining discovery shall be completed by April 2, 2021. (See Order.) Signed by Judge Tanya Walton Pratt on 6/16/2020.(NAD) (Entered: 06/17/2020)

June 16, 2020

June 16, 2020

PACER
52

NOTICE of Appearance by Alexander Phillip Will on behalf of Defendants DIEDRA D. BAKER, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, MARION COUNTY SHERIFF'S OFFICE, JOANNA SAHM, WILLIAM WEAVER. (Will, Alexander) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
53

Unopposed MOTION for Continuance of Settlement Conference, filed by Defendants DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER. (Attachments: # 1 Text of Proposed Order Granting Unopposed Motion to Continue Settlement Conference)(Upchurch, Andrew) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
54

ORDER granting Defendants' 53 Motion for Continuance of Settlement Conference. I T IS ORDERED that the settlement conference scheduled to commence at 9:30 a.m. on August 10, 2020 is VACATED. The settlement conference will be reset by a forthcoming order. Signed by Magistrate Judge Debra McVicker Lynch on 6/23/2020.(SWM) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
55

NOTICE of Appearance by Thomas E. Crishon on behalf of Plaintiff KEITH R. CRUMLEY. (Crishon, Thomas) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
56

NOTICE of Appearance by Adam Scott Willfond on behalf of Defendants DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER. (Willfond, Adam) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
58

SCHEDULING ORDER-VIDEO TELECONFERENCE Settlement Conference set for 10/13/2020 at 9:30 AM (Eastern) before Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the information necessary to participate in the conference. Signed by Magistrate Judge Debra McVicker Lynch on 7/23/2020.(CBU) (Entered: 07/24/2020)

July 23, 2020

July 23, 2020

PACER
59

Entry from Status Conference - The parties, by counsel, appeared for a status conference on July 20, 2020, with the magistrate judge. A video settlement conference is set by separate order. Signed by Magistrate Judge Debra McVicker Lynch. (JLS) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
60

First MOTION to Compel NON-PARTY MEDICAL RECORDS CUSTODIAN FOR RELEASE OF MEDICAL RECORDS, filed by Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE. (Attachments: # 1 Exhibit A; Motion to Compel Walgreens Exhibits_Redacted, # 2 Text of Proposed Order Granting Motion)(Farrington, Christopher) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
61

ORDER Requiring Service of Motion to Compel on Non-Party - Defendants Correct Care Solutions and Teresa Pierce have moved to compel non-party Walgreens Privacy Office Medical Records Custodian to produce certain documents in response to a subpoena. The certificate of service for the motion does not show it was served on Walgreens. The court will not grant relief against Walgreens on a motion not served on it. Correct Care and Ms. Pierce must file an accurate certificate of service of their motion on Walgreens; Walgreens's time to respond is 14 days from service of the motion. Correct Care and Ms. Pierce are directed to serve a copy of this order on Walgreens with its service of the motion. Signed by Magistrate Judge Debra McVicker Lynch on 9/15/2020.(SWM) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
62

CERTIFICATE OF SERVICE by CORRECT CARE SOLUTIONS, TERESA PIERCE re 61 Order, 60 First MOTION to Compel NON-PARTY MEDICAL RECORDS CUSTODIAN FOR RELEASE OF MEDICAL RECORDS OF THEIR MOTION TO COMPEL AND THIS COURT'S ORDER AT DKT NO. 61 (Farrington, Christopher) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
63

Joint MOTION for Extension of Time to NOVEMBER 3, 2020 in which to 51 Order on Motion for Extension of Time to FileScheduling FOR NON-EXPERT DISCOVERY AND DISCOVERY RELATING TO LIABILITY ISSUES BY THIRTY DAYS, filed by Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE. (Attachments: # 1 Text of Proposed Order Granting Motion)(Farrington, Christopher) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
64

Unopposed MOTION to Excuse Sheriff Kerry Forestal, Chief Bryan Roach, Officer Khyree Jones, Teresa Pierce, Tyler Bouma, JoAnna Sahm, Robert D. Frederick, Diedra D. Baker, William Weaver, and Officer Foxworthy from Attending the Settlement Conference, filed by Defendants DIEDRA D. BAKER, TYLER BOUMA, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, KHYREE JONES, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER. (Attachments: # 1 Text of Proposed Order Granting Motion to Excuse Sheriff Kerry Forestal, Chief Bryan Roach, Officer Khyree Jones, Teresa Pierce, Tyler Bouma, JoAnna Sahm, Robert D. Frederick, Diedra D. Baker, William Weaver, and Officer Foxworthy from Attending the Settlement Conference)(Upchurch, Andrew) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER
67

ORDER granting Parties' 63 Joint Motion - IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that requested Motion is GRANTED and all parties are allowed an extension of the non- expert and liability discovery deadline by thirty (30) days up to and including November 3, 2020. Signed by Magistrate Judge Debra McVicker Lynch on 10/1/2020.(SWM) (Entered: 10/02/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER
65

Exhibit List Amended, filed by Plaintiff KEITH R. CRUMLEY. (Gray, Nikki) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
66

Witness List Amended, filed by Plaintiff KEITH R. CRUMLEY. (Gray, Nikki) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
68

ORDER granting Defendants' 64 Motion to Excuse Sheriff Kerry Forestal, Chief Bryan Roach, Officer Khyree Jones, Teresa Pierce, Tyler Bouma, JoAnna Sahm, Robert D. Frederick, Diedra D. Baker, William Weaver, and Officer Foxworthy from Attending the Settlement Conference. Signed by Magistrate Judge Debra McVicker Lynch on 10/2/2020. (SWM) (Entered: 10/05/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
69

MOTION TO EXCUSE PERSONAL ATTENDANCE OF TERESA PIERCE, filed by Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE. (Attachments: # 1 Text of Proposed Order Granting Motion to Excuse Personal Attendance)(Farrington, Christopher) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
70

Unopposed MOTION for Continuance of Settlement Conference by One Hour, filed by Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE. (Attachments: # 1 Text of Proposed Order Continuing Settlement Conference by One Hour)(Farrington, Christopher) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
71

ORDER granting Medical Defendants' 69 Motion to Excuse Personal Attendance of Teresa Pierce from the Settlement Conference scheduled for October 13, 2020. Signed by Magistrate Judge Debra McVicker Lynch on 10/6/2020. (SWM) (Entered: 10/07/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
72

ORDER granting Defendants' 60 Motion to Compel. IT IS THEREFORE ADJUDGED, ORDERED AND DECREED that Walgreens Privacy Office Medical Records Custodian shall release the medical records of Keith R. Crumley as outlined in the Non-Party Request and Subpoena propounded on April 6, 2020 and return to Christopher Andrew Farrington, Bleeke Dillon Crandall, P.C., 8470 Allison Pointe Blvd., Ste. 420, Indianapolis, IN 46250, on or before November 6 2020. Correct Care and Ms. Pierce are directed to serve a copy of this order on Walgreens. Signed by Magistrate Judge Debra McVicker Lynch on 10/7/2020. (SWM) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
73

ORDER granting 70 Motion for Continuance - the settlement conference set for October 13, 2020, will begin at 10:30 a.m. (Eastern). Signed by Magistrate Judge Debra McVicker Lynch on 10/8/2020. (AKW) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
74

Statement OF DEFENSES BY MEDICAL DEFENDANTS by CORRECT CARE SOLUTIONS, TERESA PIERCE. (Farrington, Christopher) (Entered: 10/12/2020)

Oct. 12, 2020

Oct. 12, 2020

PACER
75

Statement of Defenses by KERRY J. FORESTALL, MARION COUNTY SHERIFF'S OFFICE. (Overholt, Anthony) (Entered: 10/12/2020)

Oct. 12, 2020

Oct. 12, 2020

PACER
76

Statement of Defenses by DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER. (Upchurch, Andrew) (Entered: 10/12/2020)

Oct. 12, 2020

Oct. 12, 2020

PACER
77

Statement of Claims by KEITH R. CRUMLEY. (Gray, Nikki) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

Clearinghouse
78

STIPULATION of Dismissal, JOINT, OF PLAINTIFF'S REHABILITATION ACT CLAIM AGAINST WELLPATH F/K/A CORRECT CARE SOLUTIONS, as to Defendant CORRECT CARE SOLUTIONS, filed by TERESA PIERCE. (Attachments: # 1 Text of Proposed Order Granting Stipulation)(Dillon, Carol) (Entered: 10/15/2020)

1 Text of Proposed Order Granting Stipulation

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Oct. 15, 2020

Oct. 15, 2020

PACER
79

ORDER ON 78 JOINT STIPULATION OF DISMISSAL OF PLAINTIFF'S REHABILITATION ACT CLAIM AGAINST WELLPATH F/K/A CORRECT CARE SOLUTIONS - And the Court, having considered the same and being duly advised, now finds that the Joint Stipulation is well taken and should be GRANTED. IT IS THEREFORE ORDERED, AJUDGED, AND DECREED that this claim of action is dismissed, WITH PREJUDICE, against Defendant Wellpath, LLC, formerly known as Correct Care Solutions, LLC, with each party to bear its respective costs and attorneys' fees. This order and stipulation shall not affect any other claim against any other party. Signed by Judge Tanya Walton Pratt on 10/16/2020. (NAD) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
80

Entry from Settlement Conference - The plaintiff, in person and by counsel, and the defendants, by their authorized representatives and by counsel, appeared for a settlement conference on October 13, 2020, with the magistrate judge. The conference was held and concluded without settlement. Signed by Magistrate Judge Debra McVicker Lynch. (JLS) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
81

AMENDED COMPLAINT against All Defendants, filed by KEITH R. CRUMLEY. (Attachments: # 1 Exhibit Amended Complaint, # 2 Proposed Summons)(Gray, Nikki) (Entered: 10/21/2020)

1 Exhibit Amended Complaint

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2 Proposed Summons

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Oct. 21, 2020

Oct. 21, 2020

PACER
82

Summons Issued as to CITY OF INDIANAPOLIS. (NAD) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

PACER
83

NOTICE of Appearance by Andrew J. Upchurch on behalf of Defendant CITY OF INDIANAPOLIS. (Upchurch, Andrew) (Entered: 11/04/2020)

Nov. 4, 2020

Nov. 4, 2020

PACER
84

ANSWER to 81 Amended Complaint, filed by DIEDRA D. BAKER, TYLER BOUMA, CITY OF INDIANAPOLIS, TANESHA S. CREAR, KERRY J. FORESTAL, FOXWORTHY, ROBERT D. FREDERICK, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, JOANNA SAHM, WILLIAM WEAVER.(Upchurch, Andrew) (Entered: 11/04/2020)

Nov. 4, 2020

Nov. 4, 2020

PACER
85

Joint MOTION to Stay DISPOSITIVE MOTION DEADLINE AND TO SET AMENDED BRIEFING SCHEDULE CONTINGENT UPON COURT RULING, filed by Defendant TERESA PIERCE. (Attachments: # 1 Text of Proposed Order Granting Motion)(Farrington, Christopher) (Entered: 11/10/2020)

Nov. 10, 2020

Nov. 10, 2020

PACER
86

ORDER ON 85 JOINT MOTION TO STAY DISPOSITIVE MOTION DEADLINE AND TO SET AMENDED BRIEFING SCHEDULE CONTINGENT UPON COURT RULING. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Parties' Motion is GRANTED and the dispositive motion deadline in this case is STAYED up to and including twenty-eight (28) days after this Court rules upon Medical Defendants' Motion for Partial Judgment on the Pleadings. Furthermore, the Court enters an amended briefing scheduling as outlined below: (See Order.) Signed by Judge Tanya Walton Pratt on 11/12/2020.(NAD) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

Clearinghouse
87

STIPULATION AND NOTICE REGARDING MEDICAL DEFENDANTS' 38 MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS, filed by Defendant TERESA PIERCE. (Farrington, Christopher) Modified on 11/17/2020 - added link to 38 (NAD). (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
88

NURSE TERESA PIERCE'S ANSWER to 81 Amended Complaint FOR DAMAGES AND INJUNCTIVE RELIEF, filed by TERESA PIERCE.(Farrington, Christopher) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
89

Exhibit List, FINAL, filed by Defendant TERESA PIERCE, Witness List, FINAL, filed by Defendant TERESA PIERCE. (Farrington, Christopher) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
90

Witness List and Exhibit List Final, filed by Plaintiff KEITH R. CRUMLEY. (Gray, Nikki) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
91

Witness List Final, filed by Defendants DIEDRA D. BAKER, TYLER BOUMA, CITY OF INDIANAPOLIS, TANESHA S. CREAR, KERRY J. FORESTAL, FOXWORTHY, ROBERT D. FREDERICK, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, JOANNA SAHM, WILLIAM WEAVER, Exhibit List Final, filed by Defendants DIEDRA D. BAKER, TYLER BOUMA, CITY OF INDIANAPOLIS, TANESHA S. CREAR, KERRY J. FORESTAL, FOXWORTHY, ROBERT D. FREDERICK, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, JOANNA SAHM, WILLIAM WEAVER. (Upchurch, Andrew) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
92

NOTICE of Appearance by Emily A Munson on behalf of Plaintiff KEITH R. CRUMLEY. (Munson, Emily) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

PACER
93

ORDER - DENYING IN PART AND GRANTING IN PART 38 DEFENDANT'S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS. For the foregoing reasons, the Court DENIES IN PART and GRANTS IN PART Nurse Pierce's Motion for Judgment on the Pleadings (Filing No. 38 ). This action may proceed against her on Crumley's claim under ยง 1983 but not for injunctive relief. (See Order.) Signed by Judge Tanya Walton Pratt on 1/8/2021. (NAD) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

Clearinghouse
94

NOTICE of Appearance by Allison Jean Smith on behalf of Defendants DIEDRA D. BAKER, TYLER BOUMA, CITY OF INDIANAPOLIS, TANESHA S. CREAR, KERRY J. FORESTAL, FOXWORTHY, ROBERT D. FREDERICK, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, JOANNA SAHM, WILLIAM WEAVER. (Smith, Allison) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
95

MOTION for Summary Judgment Partial - against the City of Indianapolis and Marion County Sheriff, filed by Plaintiff KEITH R. CRUMLEY. (Attachments: # 1 Exhibit Ex. 1, Shirley Crumley Deposition Transcript, # 2 Exhibit Ex. 2, Eskenazi Records (10.13.17 - 10.14.17), # 3 Exhibit Ex. 3, Dr. Leone Expert Disclosure and Report, # 4 Exhibit Ex. 4, Khyree Jones Deposition Transcript, # 5 Exhibit Ex. 5, Jones Officer Arrest Report, # 6 Exhibit Ex. 6, Lance Dardeen Deposition Transcript, # 7 Exhibit Ex. 7, probable cause affidavit, # 8 Exhibit Ex. 8, Dr. Leone deposition transcript, # 9 Exhibit City of Indianapolis Interrogatory Resp., # 10 Exhibit Ex. 10, IMPD General Order 4.7, # 11 Exhibit Ex. 11, William Weaver Deposition Transcript, # 12 Exhibit Ex. 12, MCSO Interrogatory Resp., # 13 Exhibit Ex. 13; OMS Screen, # 14 Exhibit Ex. 14, Teresa Pierce Deposition Transcript, # 15 Exhibit Ex. 15, Michael Schrettenbrunner Deposition Transcript, # 16 Exhibit Ex. 16, Teresa Pierce Email, # 17 Exhibit Ex. 17, Jonathan Rogers Deposition Transcript, # 18 Exhibit Ex. 18; Eskenazi ED Record, # 19 Exhibit Ex. 19; Simon Foxworthy Deposition Transcript, # 20 Exhibit Ex. 20, Foxworthy Report, # 21 Exhibit Ex. 21; OMS Record, # 22 Exhibit Ex. 22, CCS Policy A-08, # 23 Exhibit Ex. 23, JP4-43 Disabled Inmates, # 24 Exhibit Ex. 24; Pre-segregation health assessment, # 25 Exhibit Ex. 25, ResCare Incident Report, # 26 Text of Proposed Order proposed order)(Gray, Nikki) (Entered: 02/05/2021)

1 Exhibit Ex. 1, Shirley Crumley Deposition Transcript

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2 Exhibit Ex. 2, Eskenazi Records (10.13.17 - 10.14.17)

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3 Exhibit Ex. 3, Dr. Leone Expert Disclosure and Report

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4 Exhibit Ex. 4, Khyree Jones Deposition Transcript

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5 Exhibit Ex. 5, Jones Officer Arrest Report

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6 Exhibit Ex. 6, Lance Dardeen Deposition Transcript

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7 Exhibit Ex. 7, probable cause affidavit

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8 Exhibit Ex. 8, Dr. Leone deposition transcript

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9 Exhibit City of Indianapolis Interrogatory Resp.

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10 Exhibit Ex. 10, IMPD General Order 4.7

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11 Exhibit Ex. 11, William Weaver Deposition Transcript

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12 Exhibit Ex. 12, MCSO Interrogatory Resp.

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13 Exhibit Ex. 13; OMS Screen

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14 Exhibit Ex. 14, Teresa Pierce Deposition Transcript

View on PACER

15 Exhibit Ex. 15, Michael Schrettenbrunner Deposition Transcript

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16 Exhibit Ex. 16, Teresa Pierce Email

View on PACER

17 Exhibit Ex. 17, Jonathan Rogers Deposition Transcript

View on PACER

18 Exhibit Ex. 18; Eskenazi ED Record

View on PACER

19 Exhibit Ex. 19; Simon Foxworthy Deposition Transcript

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20 Exhibit Ex. 20, Foxworthy Report

View on PACER

21 Exhibit Ex. 21; OMS Record

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22 Exhibit Ex. 22, CCS Policy A-08

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23 Exhibit Ex. 23, JP4-43 Disabled Inmates

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24 Exhibit Ex. 24; Pre-segregation health assessment

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25 Exhibit Ex. 25, ResCare Incident Report

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26 Text of Proposed Order proposed order

View on PACER

Feb. 5, 2021

Feb. 5, 2021

PACER
96

BRIEF/MEMORANDUM in Support re 95 MOTION for Summary Judgment Partial - against the City of Indianapolis and Marion County Sheriff, filed by Plaintiff KEITH R. CRUMLEY. (Gray, Nikki) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

Clearinghouse
97

MOTION for Leave to File Amended Memorandum of Law in Support of 95 Plaintiff's Partial Motion for Summary Judgment, filed by Plaintiff KEITH R. CRUMLEY. (Attachments: # 1 Exhibit A; corrected brief, # 2 Text of Proposed Order)(Gray, Nikki) Modified on 2/11/2021 - added link to 95 and edited text to match caption of document(NAD). Modified on 2/11/2021 (NAD). (Entered: 02/11/2021)

1 Exhibit Exhibit A; corrected brief

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2 Text of Proposed Order proposed order

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Feb. 11, 2021

Feb. 11, 2021

PACER
98

ENTRY - This matter is before the Court by 97 motion of the Plaintiff seeking leave to file an amended Memorandum of Law in Support of Plaintiff's Partial Motion for Summary Judgment. Plaintiff, through counsel, sought leave to replace the filing at docket entry no. 96 in order to correct formatting issues in the filing's table of contents and table of authorities. The Court, having considered said motion, and all responses and replies herein, and being duly advised in the premises, now GRANTS the motion and FINDS that the Memorandum of Law in Support of Plaintiff's Partial Motion for Summary Judgement, attached as Exhibit A to Plaintiff's Motion for Leave hereby replaces the brief filed at docket entry no. 96 . Signed by Judge Tanya Walton Pratt on 2/12/2021. (NAD) (Entered: 02/12/2021)

Feb. 12, 2021

Feb. 12, 2021

Clearinghouse
99

Joint MOTION for Extension of Time to File Response to 04/02/2021 re 95 MOTION for Summary Judgment Partial - against the City of Indianapolis and Marion County Sheriff and Continue Trial Date, filed by Defendants DIEDRA D. BAKER, TANESHA S. CREAR, KERRY J. FORESTAL, FOXWORTHY, ROBERT D. FREDERICK, JOANNA SAHM, WILLIAM WEAVER. (Attachments: # 1 Text of Proposed Order Granting Extension of Time)(Overholt, Anthony) (Entered: 03/02/2021)

1 Text of Proposed Order Granting Extension of Time

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March 2, 2021

March 2, 2021

RECAP
100

ORDER - GRANTING 99 JOINT MOTION TO REVISE THE SUMMARY JUDGMENT BRIEFING SCHEDULE AND CONTINUE TRIAL DATE. Defendants' cross- motions, briefs in support and responses in opposition to 95 Plaintiff's Partial Motion for Summary Judgment are due on or before April 2, 2021; Plaintiff's reply in support of her 95 Partial Motion for Summary Judgment and responses in opposition to Defendant's motions are due on or before April 30, 2021; and Defendants' replies in support of their cross motions for summary judgment are due on or before May 14, 2021. The final pretrial set May 12, 2021 is RESCHEDULED to January 12, 2022 at 2:00 p.m. in Room 330. The jury trial set June 7, 2021 is RESCHEDULED to February 7, 2022 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and U.S. Courthouse, Indianapolis, Indiana. Signed by Judge Tanya Walton Pratt on 3/5/2021.(NAD) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
101

Unopposed MOTION for Extension of Time to File Response to 4/9/2021 re 95 MOTION for Summary Judgment Partial - against the City of Indianapolis and Marion County Sheriff and Cross Motion for Summary Judgment, filed by Defendants DIEDRA D. BAKER, TANESHA S. CREAR, KERRY J. FORESTAL, FOXWORTHY, ROBERT D. FREDERICK, JOANNA SAHM, WILLIAM WEAVER. (Attachments: # 1 Text of Proposed Order Granting Extension of Time to File Summary Judgment Response and Cross Summary Judgment Motion)(Overholt, Anthony) (Entered: 03/23/2021)

March 23, 2021

March 23, 2021

PACER
102

ORDER - GRANTING 101 UNOPPOSED MOTION FOR EXTENSION OF TIME FOR COUNTY DEFENDANTS TO FILE THEIR CROSS MOTION FOR SUMMARY JUDGMENT AND RESPONSE IN OPPOSITION TO 95 PLAINTIFF'S PARTIAL MOTION FOR SUMMARY JUDGMENT. It is therefore, ORDERED, ADJUDGED AND DECREED that the County Defendants are hereby granted an extension of time to April 9, 2021, in which to file their cross motion for summary judgment and response in opposition to Plaintiff's Partial Motion for Summary Judgment. Signed by Judge Tanya Walton Pratt on 3/24/2021.(NAD) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Disability Rights

Jail Conditions

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Oct. 4, 2019

Closing Date: Sept. 16, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

private plaintiff represented by P&A

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Marion County Sheriff’s Department,, County

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

State Anti-Discrimination Law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Conditions of confinement

Disability and Disability Rights:

Mental impairment

Reasonable Accommodations

Discrimination Basis:

Disability (inc. reasonable accommodations)