Wetterman v. Liaw et al, No. 3:2016cv00686 - Document 29 (N.D. Ind. 2017)
Court Description: OPINION AND ORDER: Court GRANTS Kenneth Wetterman leave to proceed against Nurse Saulsgiver, Dr. Laiw, Dr. A.J. Shahada, Corizon Health Services as outlined; and DISMISSES all other claims. Signed by Judge Philip P Simon on 10/24/2017. (tc)
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Wetterman v. Liaw et al Doc. 29 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION KENNETH M. WETTERMAN, ) ) Plaintiff, ) ) vs. ) ) LIAW, CORIZON HEALTH SERVICES, ) SAULSGIVER, AND ) DR. A.J. SHAHADA, ) ) Defendants. ) CAUSE NO. 3:16-CV-686-PPS-MGG OPINION AND ORDER Kenneth M. Wetterman, a prisoner without a lawyer, filed another amended complaint (ECF 27) which is nearly identical to his previous (ECF 15) one. The only significant change is that he is now seeking punitive damages in addition to compensatory damages. This one edit does not change my substantive analysis of his claims. So for the reasons previously explained in my prior order (ECF 16), the Court: (1) GRANTS Kenneth Wetterman leave to proceed against Nurse Saulsgiver in her individual capacity for compensatory and punitive damages for delaying medical treatment of his knee injury between October 24, 2014, and June 3, 2015, in violation of the Eighth Amendment; (2) GRANTS Kenneth Wetterman leave to proceed against Dr. Laiw in his individual capacity for compensatory and punitive damages for delaying medical treatment of his knee injury between November 12, 2014, and June 3, 2015, in violation of the Eighth Amendment; Dockets.Justia.com (3) GRANTS Kenneth Wetterman leave to proceed against Dr. A.J. Shahada in his individual capacity for compensatory and punitive damages for decreasing his pain medication on October 15, 2015, in violation of the Eighth Amendment; (4) GRANTS Kenneth Wetterman leave to proceed against Corizon Health Services for compensatory and punitive damages for its policy or practice of denying diagnostic imaging of, and delaying treatment for, orthopaedic injuries in violation of the Eighth Amendment; and (5) DISMISSES all other claims. SO ORDERED. ENTERED: October 24, 2017 _/s Philip P. Simon_________ Judge United States District Court 2
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