Wetterman v. Liaw et al

Filing 29

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)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
KENNETH M. WETTERMAN,

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Plaintiff,
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vs.
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LIAW, CORIZON HEALTH SERVICES, )
SAULSGIVER, AND
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DR. A.J. SHAHADA,
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Defendants.
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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;

(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

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