Futch v. Doctor, Nurses John and Jane Doe et al

Filing 19

OPINION AND ORDER: The Court GRANTS Kenny L. Futch's motion to amend the complaint 17 ; DIRECTS the clerk to file the amended complaint 17 -2; GRANTS Pla leave to proceed on a claim against Dr. Marandet and Officer Gray in their individual capacities for money damages for acting with deliberate indifference to his serious medical needs in violation of the Eighth Amendment by denying him pain medication and other medical supplies; GRANTS Pla leave to proceed on a claim against Office r Gray in his individual capacity for money damages for violating the Equal Protection Clause by discriminating against Futch on the basis of his financial status with respect to his belongings. DISMISSES all other claims; DIRECTS the clerk and the USMS to issue and serve process on Officer Gray at the Indiana Department of Correction with a copy of this order and the amended complaint 17 -2 as required by 28:1915(d); and ORDERS Dr. Marandet and Officer Gray, pursuant to 42:1997e(g)(2), to respond as provided in the Fed.R.Civ.P. and N.D. Ind. L.R. 10.1, only to the claim for which Pla has been granted leave to proceed in this screening order. Signed by Judge Philip P Simon on 5/7/2018. (lhc)