Filhiol v. Frakes et al

Filing 36

MEMORANDUM AND ORDER that Plaintiff's Eighth Amendment claim for deliberate indifference to serious medical needs (i.e. burn treatment) will proceed to service of process against the following Hall County Department of Corrections employe es in their official and individual capacities: Sergeant Aaron Gray, Classifications Officer Troy Taylor, Classifications Sergeant Jason Conley, Travis Milem, Eddy Champion, Sarah Hood (Blodgett), and Sergeant Darla Sparr. Plaintiff's Eigh th Amendment claim for deliberate indifference to serious medical needs (i.e. burn treatment) will proceed to service of process against the following Advanced Correctional Health Care employees in their official and individual capacities: Barb ara Lurz, Tammy Bader, Destinee Chappa, Lacy Broeker, Nichole Love, and Angela Maciejewski. For service of process on Defendants Sergeant Aaron Gray, Classifications Officer Troy Taylor, Classifications Sergeant Jason Conley, Travis Milem, Eddy C hampion, Sarah Hood (Blodgett), Sergeant Darla Sparr, Barbara Lurz, Tammy Bader, Destinee Chappa, Lacy Broeker, Nichole Love, and Angela Maciejewski in their official capacities, the clerk of the court is directed to complete 13 summons forms and 13 USM-285 forms for Defendants Gray, Taylor, Conley, Milem, Champion, Hood (Blodgett), Sparr, Lurz, Bader, Chappa, Broeker, Love, and Maciejewski using the address "Hall County Clerk, 121 South Pine Street, Grand Island, NE 68801," and forward them together with a copy of the Complaint (Filing No. 1 ), Supplement (Filing No. 17 ), Amended Complaint (Filing No. 21 ), and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendants Gr ay, Taylor, Conley, Milem, Champion, Hood (Blodgett), Sparr, Lurz, Bader, Chappa, Broeker, Love, and Maciejewski in their official capacities at the Hall County Clerk, 121 South Pine Street, Grand Island, NE 68801. For service of process on Defend ants Sergeant Aaron Gray, Classifications Officer Troy Taylor, Classifications Sergeant Jason Conley, Travis Milem, Eddy Champion, Sarah Hood (Blodgett), Sergeant Darla Sparr, Barbara Lurz, Tammy Bader, Destinee Chappa, Lacy Broeker, Nichole Love, and Angela Maciejewski in their individual capacities, the clerk of the court is directed to complete 13 summons forms and 13 USM-285 forms for Defendants Gray, Taylor, Conley, Milem, Champion, Hood (Blodgett), Sparr, Lurz, Bader, Chappa, Broeker , Love, and Maciejewski using the address "Hall County Department of Corrections, 110 Public Safety Drive, Grand Island, NE 68801," and forward them together with a copy of the Complaint (Filing No. 1 ), Supplement (Filing No. 17 ), A mended Complaint (Filing No. 21 ), and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendants Gray, Taylor, Conley, Milem, Champion, Hood (Blodgett), Sparr, Lurz, Bader, Chappa, Broeker, Love, and Maciejewski personally in their individual capacities at the Hall County Department of Corrections, 110 Public Safety Drive, Grand Island, NE 68801. Service may also be accomplished by using any of the following methods: residence, certified mail , or designated delivery service. See Federal Rule of Civil Procedure 4(e); Neb. Rev. Stat. § 25-508.01 (Reissue 2016). The United States Marshal shall serve all process in this case without prepayment of fees from Plaintiff. The clerk of the court is directed to add the individuals named in Paragraph 1 as defendants in this matter. All current defendants, except for Todd Bahensky, shall be terminated in this matter. The clerk of the court is directed to set the following pro se case management deadline: October 10, 2017: check for completion of service of process. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party and as directed) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHARLES A. FILHIOL,
Plaintiff,

8:16CV460

vs.
ANY UNKNOWN NDOCS
EMPLOYEES INVOLVED IN MY
CLASSIFICATION PROCESS AT
NDOCS, ANY AND ALL UNKNOWN
MEDICAL STAFF AWARE OF MY
CURRENT MEDICAL CONDITIONS
WHO WORK FOR OR ARE
CONTRACTED THROUGH THE
NDOCS, ANY AND ALL UNKNOWN
HALL COUNTY NEBRASKA
CORRECTIONS STAFF AND
MEDICAL STAFF AND
ADMINISTRATORS INVOLVED IN
THIS CLAIM, and TODD
BAHENSKY, Director of Hall County
Department of Corrections;

MEMORANDUM
AND ORDER

Defendants.
In accordance with the court’s Memorandum and Order dated June 5, 2017
(Filing No. 28), Defendant Todd Bahensky has provided to the court the names of
any staff at HCDC, both corrections and medical, who were personally involved in
(1) the decision to confine Plaintiff in segregation from September 3rd to
September 7th of 2016, and (2) Plaintiff’s treatment and care during that same
period of time. Accordingly,
1.
Plaintiff’s Eighth Amendment claim for deliberate indifference to
serious medical needs (i.e. burn treatment) will proceed to service of process

against the following Hall County Department of Corrections employees in their
official and individual capacities: Sergeant Aaron Gray, Classifications Officer
Troy Taylor, Classifications Sergeant Jason Conley, Travis Milem, Eddy
Champion, Sarah Hood (Blodgett), and Sergeant Darla Sparr. Plaintiff’s Eighth
Amendment claim for deliberate indifference to serious medical needs (i.e. burn
treatment) will proceed to service of process against the following Advanced
Correctional Health Care employees in their official and individual capacities:
Barbara Lurz, Tammy Bader, Destinee Chappa, Lacy Broeker, Nichole Love, and
Angela Maciejewski.
2.
For service of process on Defendants Sergeant Aaron Gray,
Classifications Officer Troy Taylor, Classifications Sergeant Jason Conley, Travis
Milem, Eddy Champion, Sarah Hood (Blodgett), Sergeant Darla Sparr, Barbara
Lurz, Tammy Bader, Destinee Chappa, Lacy Broeker, Nichole Love, and Angela
Maciejewski in their official capacities, the clerk of the court is directed to
complete 13 summons forms and 13 USM-285 forms for Defendants Gray, Taylor,
Conley, Milem, Champion, Hood (Blodgett), Sparr, Lurz, Bader, Chappa, Broeker,
Love, and Maciejewski using the address “Hall County Clerk, 121 South Pine
Street, Grand Island, NE 68801,” and forward them together with a copy of the
Complaint (Filing No.1), Supplement (Filing No. 17), Amended Complaint (Filing
No. 21), and a copy of this Memorandum and Order to the Marshals Service. The
Marshals Service shall serve Defendants Gray, Taylor, Conley, Milem,
Champion, Hood (Blodgett), Sparr, Lurz, Bader, Chappa, Broeker, Love, and
Maciejewski in their official capacities at the Hall County Clerk, 121 South
Pine Street, Grand Island, NE 68801. See Federal Rule of Civil Procedure
4(j)(2); Neb. Rev. Stat. § 25-510.02 (Reissue 2016).1
1

Pro se litigants proceeding in forma pauperis are entitled to rely on service
by the United States Marshals Service. Wright v. First Student, Inc., 710 F.3d 782,
783 (8th Cir. 2013). Pursuant to 28 U.S.C. § 1915(d), in an in forma pauperis case,
“[t]he officers of the court shall issue and serve all process, and perform all duties
in such cases.” See Moore v. Jackson, 123 F.3d 1082, 1085 (8th Cir. 1997)
(language in § 1915(d) is compulsory). See, e.g., Beyer v. Pulaski County Jail, 589
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3.
For service of process on Defendants Sergeant Aaron Gray,
Classifications Officer Troy Taylor, Classifications Sergeant Jason Conley, Travis
Milem, Eddy Champion, Sarah Hood (Blodgett), Sergeant Darla Sparr, Barbara
Lurz, Tammy Bader, Destinee Chappa, Lacy Broeker, Nichole Love, and Angela
Maciejewski in their individual capacities, the clerk of the court is directed to
complete 13 summons forms and 13 USM-285 forms for Defendants Gray, Taylor,
Conley, Milem, Champion, Hood (Blodgett), Sparr, Lurz, Bader, Chappa, Broeker,
Love, and Maciejewski using the address “Hall County Department of Corrections,
110 Public Safety Drive, Grand Island, NE 68801,” and forward them together
with a copy of the Complaint (Filing No.1), Supplement (Filing No. 17), Amended
Complaint (Filing No. 21), and a copy of this Memorandum and Order to the
Marshals Service. The Marshals Service shall serve Defendants Gray, Taylor,
Conley, Milem, Champion, Hood (Blodgett), Sparr, Lurz, Bader, Chappa,
Broeker, Love, and Maciejewski personally in their individual capacities at
the Hall County Department of Corrections, 110 Public Safety Drive, Grand
Island, NE 68801. Service may also be accomplished by using any of the
following methods: residence, certified mail, or designated delivery service. See
Federal Rule of Civil Procedure 4(e); Neb. Rev. Stat. § 25-508.01 (Reissue 2016).
4.
The United States Marshal shall serve all process in this case without
prepayment of fees from Plaintiff.

Fed. Appx. 798 (8th Cir. 2014) (unpublished) (vacating district court order of
dismissal for failure to prosecute and directing district court to order the Marshal to
seek defendant’s last-known contact information where plaintiff contended that the
Jail would have information for defendant’s whereabouts); Graham v. Satkoski, 51
F.3d 710, 713 (7th Cir. 1995) (when court instructs Marshal to serve papers for
prisoner, prisoner need furnish no more than information necessary to identify
defendant; Marshal should be able to ascertain defendant’s current address).
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5.
The clerk of the court is directed to add the individuals named in
Paragraph 1 as defendants in this matter. All current defendants, except for Todd
Bahensky, shall be terminated in this matter.
6.
The clerk of the court is directed to set the following pro se case
management deadline: October 10, 2017: check for completion of service of
process.
Dated this 12th day of July, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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