Matches in SCALES for { <scales/DocketEntry/ilcd;;1:16-cv-01376_de53> ?p ?o ?g. }
Showing items 1 to 6 of
6
with 100 items per page.
- ilcd;;1:16-cv-01376_de53 RegisterActionDate "2018-04-23" @default.
- ilcd;;1:16-cv-01376_de53 RegisterActionDescriptionText "TEXT ORDER entered by Chief Judge James E. Shadid on 4/23/2018. Plaintiff has one claim before the Court alleging Defendant 1F008F9 retaliated against him when the Defendant intentionally housed Plaintiff with a mentally ill inmate and refused to move Plaintiff. Plaintiff has based much of his case on conversations with a mental health worker who worked with his cell mate, claiming that Kelly Haag told Major 1F008F9 about the problems Plaintiff was experiencing, but the Defendant still refused to move Plaintiff. Kelly Haag no longer works at the facility and was never an IDOC employee. Plaintiff was never counseled by Haag and was not considered her patient. After much difficulty locating Witness Haag, Defense counsel was able to speak with her and Haag stated while she remembered Plaintiff, she did not remember the claims he made in his complaint. Witness Haag did not have access to her medical notes, and Plaintiff was not in her caseload therefore she would not have notes concerning Plaintiff. The Court directed Defense counsel to obtain an affidavit from Haag specifically noting she had reviewed the complaint, and noting whether she had requested medical staff to see Plaintiff for his reports of self-mutilation. See February 14, 2018 Minute Entry. Defendants have now requested additional time to file a motion for summary judgment and obtain the affidavit again noting problems contacting Witness Haag. 35 . The motion is granted. 35 The motion for summary judgment and affidavit must be filed on or before May 14, 2018. Plaintiff has also filed a motion for appointment of counsel. 34 . Plaintiff says it is inappropriate for the Court to use defense counsel to obtain information from this key witness. As explained to Plaintiff, the Defendant does not have to take the deposition of this witness, and Plaintiff is unable to afford a deposition, without or without counsel. The witness is not represented by Defense counsel, nor has she worked for IDOC. The Court helped locate the witness to assist Plaintiff. An affidavit will require the witness to present truthful information and the Court has required counsel to let the witness review Plaintiff's allegations in an effort to refresh her memory. The Court is not going to appoint counsel for the purpose of trying to locate one witness to report to the Plaintiff what an affidavit would confirm or deny. Furthermore, the Court cannot force a witness to remember events the way Plaintiff wishes. The motion is denied. 34 ; see September 25, 2017 Text Order. Defendants must file a timely response to Plaintiff's motions to compel discovery. (SAG, ilcd) (Entered: 04/23/2018)" @default.
- ilcd;;1:16-cv-01376_de53 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01376_de53 hasJudgeReference SJ001502 @default.
- ilcd;;1:16-cv-01376_de53 hasReferenceToOtherEntry ilcd;;1:16-cv-01376_de48 @default.
- ilcd;;1:16-cv-01376_de53 hasReferenceToOtherEntry ilcd;;1:16-cv-01376_de49 @default.