Maday v. Dooley et al

Filing 108

ORDER adopting in full 97 Report and Recommendation; denying as moot 105 Motion to Stay. Signed by U.S. District Judge Karen E. Schreier on 6/28/2018. (JLS)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
STANLEY J. MADAY,

4:17-CV-04168-KES

Plaintiff,
vs.
BOB DOOLEY, CHIEF WARDEN AT
MIKE DURFEE STATE PRISON,
INDIVIDUAL AND OFFICIAL CAPACITY;
DENNIS KAEMINGK, SECRETARY OF
THE SOUTH DAKOTA DOC,
INDIVIDUAL AND OFFICIAL CAPACITY;
DR. MARY CARPENTER, DIRECTOR OF
THE DEPARTMENT OF HEALTH,
INDIVIDUAL AND OFFICIAL CAPACITY;
JENNIFER STANWICK-KLIMEK,
DEPUTY WARDEN AT MIKE DURFEE
STATE PRISON, INDIVIDUAL AND
OFFICIAL CAPACITY; REBECCA
SCHIEFFER, ASSOCIATE WARDEN AT
MIKE DURFEE STATE PRISON,
INDIVIDUAL AND OFFICIAL CAPACITY;
ALEJANDRO REYES, ASSOCIATE
WARDEN AT MIKE DURFEE STATE
PRISON, INDIVIDUAL AND OFFICIAL
CAPACITY; BRENT FLUKE, ASSOCIATE
WARDEN AT MIKE DURFEE STTAE
PRISON, INDIVIDUAL AND OFFICIAL
CAPACITY; JOSH KLIMEK, UNIT
MANAGER AT MIKE DURFEE STATE
PRISON, INDIVIDUAL AND OFFICIAL
CAPACITY; TRAVIS TJEERDSMA, CASE
MANAGER AT MIKE DURFEE STATE
PRISON, INDIVIDUAL AND OFFICIAL
CAPACITY; TAMMY DEJONG, CASE
MANAGER AT MIKE DURFEE STATE
PRISON, INDIVIDUAL AND OFFICIAL
CAPACITY; PA MICHAEL JOE HANVEY,
MEDICAL PROVIDER AT MIKE
DURFEE STATE PRISON, INDIVIDUAL
AND OFFICIAL CAPACITY; PA BRAD

ORDER ADOPTING REPORT AND
RECOMMENDATION AND DENYING
MOTION TO STAY

ADAMS, MEDICAL PROVIDER AT MIKE
DURFEE STATE PRISON, INDIVIDUAL
AND OFFICIAL CAPACITY; DR.
STEPHAN SCHROEDER, MEDICAL
PROVIDER AT MIKE DURFEE STATE
PRISON, INDIVIDUAL AND OFFICIAL
CAPACITY; MISTY TOLSMA-HANVEY,
NURSING SUPERVISOR, AT MIKE
DURFEE STATE PRISON INDIVIDUAL
AND OFFICIAL CAPACITY; LINDSEY
RABBASS, NURSE AT MIKE DURFEE
STATE PRISON, INDIVIDUAL AND
OFFICIAL CAPACITY; ROBIN MYER,
NURSE AT MIKE DURFEE STATE
PRISON, INDIVIDUAL AND OFFICIAL
CAPACITY; CANDICE FEJFAR, NURSE
AT MIKE DURFEE STATE PRISON,
INDIVIDUAL AND OFFICIAL CAPACITY;
DAYNA KLAWITTER, NURSE AT MIKE
DURFEE STATE PRISON, INDIVIDUAL
AND OFFICIAL CAPACITY; DENNIS
CROPPER, CORRECTIONAL OFFICER
AT MIKE DURFEE STATE PRISON,
INDIVIDUAL AND OFFICIAL CAPACITY;
THOMAS HUITEMA, CORRECTIONAL
OFFICER AT MIKE DURFEE STATE
PRISON, INDIVIDUAL AND OFFICIAL
CAPACITY; MICHAEL MEYER,
CORRECTIONAL OFFICER AT MIKE
DURFEE STATE PRISON, INDIVIDUAL
AND OFFICIAL CAPACITY; LORI
STRATMAN, CORRECTIONAL OFFICER
AT MIKE DURFEE STATE PRISON,
INDIVIDUAL AND OFFICIAL CAPACITY;
MIKE GROSSHUESCH,
CORRECTIONAL OFFICER AT MIKE
DURFEE STATE PRISON, INDIVIDUAL
AND OFFICIAL CAPACITY; NICOLE ST.
PIERRE, CORRECTIONAL OFFICER AT
MIKE DURFEE STATE PRISON,
INDIVIDUAL AND OFFICIAL CAPACITY;
MURIEL NAMMINGA, LAUNDRY
SUPERVISOR AT MIKE DURFEE STATE
PRISON, INDIVIDUAL AND OFFICIAL
CAPACITY; CATHERINE SCHLIMGEN,
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LEGAL COUNSEL FOR THE SOUTH
DAKOTA DOC, INDIVDUAL AND
OFFICIAL CAPACITY; UNKNOWN CBM
FOOD SERVICES EMPLOYEES,
INDIVIDUAL AND OFFICIAL
CAPACITIES; UNKNOWN SOUTH
DAKOTA DOC EMPLOYEES,
INDIVIDUAL AND OFFICIAL
CAPACITES; UNKNOWN SOUTH
DAKOTA DOH EMPLOYEES,
INDIVIDUAL AND OFFICIAL
CAPACITIES; JON E. LITSCHER,
SECRETARY OF THE WISCONSIN
DOC, INDIVIDUAL AND OFFICIAL
CAPACITY; KATHARINE A. ARISS,
ASSISTANT LEGAL COUNSEL FOR THE
WISCONSIN DOC, INDIVIDUAL AND
OFFICIAL CAPACITY; THOMAS P.
MALONEY, LIBRARY SERVICES AND
EDUCATIONAL TECHNOLOGY
COORDINATOR FOR THE WISCONSIN
DOC, INDIVIDUAL AND OFFICIAL
CAPACITY; UNKNOWN WISCONSIN
DOC EMPLOYEES, INDIVIDUAL AND
OFFICIAL CAPACITIES; CBM FOOD
SERVICES, MEAL AND COMMISSARY
PROVIDER FOR THE SOUTH DAKOTA
DOC, OFFICIAL CAPACITY; STEPHANIE
HAMILTON, RN AT MIKE DURVEE
STATE PRISON, INDIVIDUAL AND
OFFICIAL CAPACITY; TIFFANY VOIGT,
UNIT COORDINATOR, INDIVIDUAL
AND OFFICIAL CAPACITY; DIANE
ROMKEMA, CASE MANAGER,
INDIVIDUAL AND OFFICIAL CAPACITY;
GLOBAL TEL & LINK
CORPORATION, OFFICIAL CAPACITY;
UNKNOWN GTL EMPLOYEES,
INDIVIDUAL AND OFFICIAL
CAPACITIES; LEXIS NEXIS, OFFICIAL
CAPACITY; AND UNKNOWN LEXIS
NEXIS EMPLOYEES, INDIVIDUAL AND
OFFICIAL CAPACITIES;
Defendants.
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Plaintiff, Steven Maday, filed this lawsuit under 42 U.S.C. § 1983. The
case was referred to Magistrate Judge Veronica Duffy under 28 U.S.C.
§ 636(b)(1)(B) for the purpose of conducting any necessary hearings, including
evidentiary hearings.
On May 29, 2018, Maday filed an amended and supplemental complaint.
Docket 94. On June 7, 2018, Magistrate Judge Duffy “screened” Maday’s
amended and supplemental complaint under 28 U.S.C. §§ 1915 and 1915A
and recommended dismissing the new claims against defendants Hamilton,
Voight, Romkema, GTL and its employees, and Lexis-Nexis and its employees.
Docket 97 at 24-25. Maday was notified in the report and recommendation that
he had 14 days to file objections to the report. Even though no objections were
filed that would require de novo review under Thompson v. Nix, 897 F.2d 356
(8th Cir. 1990), the court reviewed the matter de novo and finds that
Magistrate Judge Duffy’s report and recommendation is adopted in full.
Therefore, it is
ORDERED that:
1.

The report and recommendation of Magistrate Judge Duffy
(Docket 97) is adopted in full.

2.

The motion to stay filed by defendants Litscher, Ariss, and Maloney
(Docket 105) is denied as moot.

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3.

Motions for summary judgment on the basis of qualified immunity
are due thirty days after the filing of defendants’ respective
answers to Maday’s amended and supplemental complaint.

DATED June 28, 2018,
BY THE COURT:

/s/ Karen E. Schreier

KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE

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