Doherty v. Rhode Island Department of Corrections
| Rhode Island District Court | |
| Judge: | Mary S Mcelroy |
| Referred: | Lincoln D Almond |
| Case #: | 1:24-cv-00346 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Aug 29, 2024 |
| Re-opened: | Nov 06, 2024 |
| Terminated: | Sep 25, 2024 |
| Last checked: Tuesday Feb 25, 2025 3:28 AM EST |
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Defendant
Angieszka Janicka
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Represented By
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Defendant
Uncheckukwu Ugorji
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Plaintiff
Jack Doherty
160199 Maximum Security PO Box 8273
Cranston, RI 02920 |
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| TERMINATED PARTIES | |
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Defendant
Rhode Island Department of Corrections
Terminated: 12/09/2024
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| Docket last updated: 04/25/2025 11:59 PM EDT |
| Thursday, April 24, 2025 | ||
| 41 | 41
motion
Appoint Counsel
Thu 04/24 2:57 PM
Second MOTION to Appoint Counsel filed by Jack Doherty. Responses due by 5/8/2025.(Hill, Cherelle) |
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Att: 1
Declaration in Support of Plaintiff's Motion for the Appointment of Counsel,
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Att: 2
Envelope
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| 40 | 40
misc
Declaration
Thu 04/24 2:55 PM
DECLARATION OF SERVICE BY MAIL by Jack Doherty.(Hill, Cherelle) |
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Att: 1
Envelope
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| Tuesday, April 15, 2025 | ||
| 39 | 39
respm
Reply to Response
Tue 04/15 11:29 AM
REPLY to Response re37 Response to Motion filed by Jack Doherty.(Hill, Cherelle) |
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Att: 1
Envelope
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| Wednesday, April 09, 2025 | ||
| 38 | 38
respm
Reply to Response
Wed 04/09 12:18 PM
REPLY to Response re:36 Response to Motion,37 Response to Motion filed by Jack Doherty. (Gonzalez Gomez, Viviana) |
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Att: 1
Envelope
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| Monday, March 31, 2025 | ||
| 37 | 37
respm
Response to Motion
Mon 03/31 9:11 AM
RESPONSE In Opposition to35 MOTION to Appoint Counsel filed by Uncheckukwu Ugorji. Replies due by 4/7/2025. (Kelly, Matthew) |
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| Friday, March 28, 2025 | ||
| 36 | 36
respm
Response to Motion
Fri 03/28 4:23 PM
RESPONSE In Opposition to35 MOTION to Appoint Counsel filed by Angieszka Janicka. Replies due by 4/4/2025. (Carlin, Joshua) |
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| 35 | 35
motion
Appoint Counsel
Fri 03/28 11:45 AM
MOTION to Appoint Counsel filed by Jack Doherty. Responses due by 4/11/2025.(Hill, Cherelle) |
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Att: 1
Envelope
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| Thursday, March 27, 2025 | ||
| 34 | 34
respm
Response to Motion
Thu 03/27 11:09 AM
RESPONSE In Opposition to28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jack Doherty. Replies due by 4/3/2025.(Hill, Cherelle) |
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Att: 1
Order,
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Att: 2
Envelope
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| 33 | 33
respm
Response to Motion
Thu 03/27 11:07 AM
RESPONSE In Opposition to30 MOTION to Dismiss filed by Jack Doherty. Replies due by 4/3/2025.(Hill, Cherelle) |
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Att: 1
Envelope
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| Tuesday, March 25, 2025 | ||
| 32 | 32
respm
Reply to Response
Tue 03/25 10:05 AM
REPLY to Response re31 Response to Motion, Motion to Dismiss filed by Uncheckukwu Ugorji. (Kelly, Matthew) |
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| Tuesday, March 18, 2025 | ||
| 31 | 31
respm
Response to Motion
Tue 03/18 12:50 PM
RESPONSE In Opposition to28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jack Doherty. Replies due by 3/25/2025.(Hill, Cherelle) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Envelope
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| Monday, March 17, 2025 | ||
| 30 | 30
motion
Dismiss
Mon 03/17 12:14 PM
Renewed MOTION to Dismiss filed by Angieszka Janicka. Responses due by 3/31/2025. (Carlin, Joshua) Docket text modified on 3/17/2025. (Gonzalez Gomez, Viviana) |
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Supporting Memorandum
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| Thursday, March 06, 2025 | ||
| 29 | 29
7
pgs
misc
Memorandum in Support
Thu 03/06 11:22 AM
MEMORANDUM IN SUPPORT by Uncheckukwu Ugorji in support of28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Kelly, Matthew) |
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| 28 | 28
motion
Dismiss for failure to State a Claim
Thu 03/06 11:16 AM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Uncheckukwu Ugorji. Responses due by 3/20/2025. (Kelly, Matthew) |
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| 27 | 27
notice
Notice of Appearance
Thu 03/06 11:05 AM
NOTICE of Appearance by Matthew D. Kelly on behalf of Uncheckukwu Ugorji (Kelly, Matthew) |
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| Tuesday, March 04, 2025 | ||
| 26 | 26
service
Summons Returned Executed
Tue 03/04 9:45 AM
SUMMONS Returned Executed by Jack Doherty. Angieszka Janicka served on 3/3/2025, answer due 3/24/2025; Uncheckukwu Ugorji served on 3/3/2025, answer due 3/24/2025.(Hill, Cherelle) |
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Att: 1
Uncheckukwu Ugorji Summons Returned Executed
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| Friday, February 21, 2025 | ||
| 25 | 25
respm
Response to Motion
Fri 02/21 4:04 PM
RESPONSE In Opposition to21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jack Doherty. Replies due by 2/28/2025. (Gonzalez Gomez, Viviana) |
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Att: 1
Exhibit - ECF 12 Order,
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Att: 2
Envelope
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order
Order on Motion for Reconsideration
Fri 02/21 10:11 AM
TEXT ORDER denying24 Motion for Reconsideration. So Ordered by District Judge Mary S. McElroy on 2/21/2025. (Potter, Carrie) |
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| Friday, February 07, 2025 | ||
| 24 | 24
motion
Reconsideration
Fri 02/07 5:21 PM
MOTION for Reconsideration re Order on Motion for Summary Judgment filed by Jack Doherty. Responses due by 2/21/2025.(Gonzalez Gomez, Viviana) |
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Att: 1
Unmarked Exhibit - Duplicate of ECF 10 pages 12-18,
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Att: 2
Unmarked Exhibit - Docket Sheet,
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Att: 3
Exhibit List,
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Att: 4
Exhibit A,
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Att: 5
Exhibit B,
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Att: 6
Exhibit C,
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Att: 7
Exhibit D,
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Att: 8
Exhibit E,
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Att: 9
Exhibit F,
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Att: 10
Exhibit G,
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Att: 11
Exhibit H,
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Att: 12
Exhibit I,
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Att: 13
Exhibit J,
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Att: 14
Exhibit K,
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Att: 15
Exhibit L,
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Att: 16
Exhibit M,
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Att: 17
Exhibit N,
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Att: 18
Exhibit O,
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Att: 19
Unmarked Exhibit - Address Page,
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Att: 20
Exhibit P,
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Att: 21
Exhibit Q,
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Att: 22
Envelope
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| 23 | 23
notice
Notice of Appearance
Fri 02/07 10:06 AM
NOTICE of Appearance by Morgan P. Moniz on behalf of Angieszka Janicka (Moniz, Morgan) |
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| Wednesday, February 05, 2025 | ||
| 22 | 22
7
pgs
respm
Response to Motion
Wed 02/05 4:25 PM
RESPONSE In Support to21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Angieszka Janicka. Replies due by 2/12/2025.(Carlin, Joshua) |
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Att: 1
Exhibit,
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Att: 2
Exhibit
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| 21 | 21
motion
Dismiss for failure to State a Claim
Wed 02/05 4:22 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Angieszka Janicka. Responses due by 2/19/2025. (Carlin, Joshua) |
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| 20 | 20
notice
Notice of Appearance
Wed 02/05 4:18 PM
NOTICE of Appearance by Joshua E. Carlin on behalf of Angieszka Janicka (Carlin, Joshua) |
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| 19 | 19
notice
Notice of Appearance
Wed 02/05 4:15 PM
NOTICE of Appearance by Joshua E. Carlin on behalf of Angieszka Janicka (Carlin, Joshua) |
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| Monday, January 27, 2025 | ||
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order
Order on Motion for Summary Judgment
Mon 01/27 8:44 AM
TEXT ORDER denying without prejudice to refiling18 Motion for Summary Judgment. So Ordered by District Judge Mary S. McElroy on 1/27/2025. (Potter, Carrie) |
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misc
Public Docket Note
Mon 01/27 8:50 AM
DOCKET NOTE: Summons and USM 285 Forms sent to USMS for service. (Potter, Carrie) |
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misc
Public Docket Note
Mon 01/27 10:21 AM
DOCKET NOTE: ORDER dated 11/07/2024, Summonses, USM-285 Forms, and10 Supplemental Complaint with Attachments 1 through 12 were forwarded to the United States Marshals for service. (Gonzalez Gomez, Viviana) |
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| Wednesday, January 15, 2025 | ||
| 18 | 18
motion
Summary Judgment
Wed 01/15 11:08 AM
MOTION for Summary Judgment filed by Jack Doherty. Responses due by 1/29/2025.(Hill, Cherelle) |
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Att: 1
Envelope
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| Thursday, January 02, 2025 | ||
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misc
PLRA Filing Fee Received
Thu 01/02 12:34 PM
PLRA Filing fee: $ 36.60 received - receipt number 100002138. Total Amount Paid to date: $72.90. (Hill, Cherelle) |
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| Monday, December 09, 2024 | ||
| 17 | 17
notice
Notice of Declination of Service
Mon 12/09 2:51 PM
Notice of Declination of Service filed by Angieszka Janicka, Uncheckukwu Ugorji. (Shaw, Matthew) |
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order
Order on Motion for Reconsideration
Mon 12/09 10:12 AM
TEXT ORDER. The instant Complaint is the third attempt by plaintiff Jack Doherty to maintain a civil action against certain medical staff at the Rhode Island Department of Corrections. He maintains in this action that Agnieska Janicka and Uncheckukwu Ugorji prescribed anti-psychotic medications to him without warning him of the potential side effects. He further alleges that he in fact suffered those side effects and that both posed a serious threat to his health. While Mr. Doherty's Complaint was brought under the Federal Tort Claims Act, no defendant is a federal official. The Court therefore construes the action as one filed pursuant to 42 U.S.C. § 1983. The threshold for an Eighth Amendment violation is high and requires deliberate indifference to a serious medical need. Estelle v. Gamble, 429 U.S. 97, 104 (1976). This complaint differs from the previous one in that it explicitly pleads that the prescribing medical staff were aware of the risk of specific serious side effects. A failure to warn of a significant risk of a serious side effect can be actionable under the Eighth Amendment because it may deprive the patient of the right to make an informed choice about whether to accept treatment. White v. Napoleon, 897 F.2d 103, 113 (3d Cir. 1990); Pabon v. Wright, 459 F.3d 241, 249-50 (2d Cir. 2006). Mr. Doherty has not specifically alleged that he would not have agreed to take the medication had he known of the potential risks, but at this stage the Complaint need only pass a screening test and this Complaint does so. 28 U.S.C. § 1915(e)(2)(B)(ii). While the Second Amended Complaint continues to name the Rhode Island Department of Corrections (DOC) as a Defendant, the Court dismisses any and all claims against the Department. The Court previously substituted two medical staffers who were clearly intended to be defendants -- Agnieska Janicka and Uncheckukwu Ugorji and they were added as defendants. The DOC is a surrogate for the State of Rhode Island. The United States Supreme Court has made it clear that the State is not a person within the meaning of 42 U.S.C. § 1983, and the State may not therefore be sued for monetary damages pursuant to that statute. Will v. Michigan, 496 U.S. 58, 71 (1989). The Motion for Reconsideration (ECF No.14 ) of this issue is DENIED. The Court previously GRANTED Mr. Dohertys Motion to Proceed In Forma Pauperis (ECF No.2 ) and DENIED subsequent motions as moot. (ECF Nos.8 &11 ).. So Ordered by District Judge Mary S. McElroy on 12/9/2024. (Potter, Carrie) |
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| Tuesday, December 03, 2024 | ||
| 16 | 16
service
Summons Issued
Tue 12/03 3:55 PM
Summons Issued as to Angieszka Janicka, Uncheckukwu Ugorji.(Potter, Carrie) |
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Att: 1
Summons
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| Tuesday, November 19, 2024 | ||
| 15 | 15
service
Summons Request
Tue 11/19 4:44 PM
Summons Request filed by Jack Doherty. (Gonzalez Gomez, Viviana) |
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Att: 1
USM-285 as to Janicka,
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Att: 2
Summons Request as to Ugorji,
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Att: 3
USM-285 as to Ugorji,
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Att: 4
Envelope
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misc
PLRA Filing Fee Received
Tue 11/19 2:48 PM
PLRA Filing fee: $ 36.30 received - receipt number 100001984. Total Amount Paid to date: $36.30. (Gonzalez Gomez, Viviana) |
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| Monday, November 18, 2024 | ||
| 14 | 14
motion
Reconsideration
Mon 11/18 3:11 PM
MOTION for Reconsideration re12 Order on Motion for Leave to Proceed in forma pauperis,,,,, filed by Jack Doherty. Responses due by 12/2/2024.(Hill, Cherelle) |
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Att: 1
Summons,
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Att: 2
Envelope
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| Thursday, November 07, 2024 | ||
| 13 | 13
notice
Notice of Service - Prisoner Pro-Se
Thu 11/07 8:18 AM
NOTICE OF SERVICE: The Court has granted IFP status and ordered the complaint to be served. Pursuant to the Agreement on Service between the U.S. District Court for the District of Rhode Island and the Rhode Island Attorney General, this Notice constitutes service as directed by the Court. Within 30 days, the RI Attorney General shall file a Notice of Acceptance of Service or a Notice of Declination of Service or both if necessary on behalf of the defendant(s) named in the complaint.[LINK:Please click here to access the Acceptance of Service form] or[LINK:Please click here to access the Declination of Service form] .Notice of Acceptance or Declination of Service due by 12/9/2024. (Potter, Carrie) |
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| 12 | 12
4
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Thu 11/07 8:16 AM
ORDER : Mr. Doherty's second and third Motions to Proceed In Forma Pauperis (ECF Nos. 8 & 11) are DENIED AS MOOT. Mr. Doherty is required to fill out summons forms for defendants Agnieska Janicka and Uncheckukwu Ugorji. He is also directed to stop filing Supplements to this Complaint or new Complaints raising the same subject-matter except in accordance with Fed. R. Civ. P. 15. The United States Marshals Service is hereby ordered to serve the plaintiffs summons and complaint on the defendants. So Ordered by District Judge Mary S. McElroy on 11/7/2024. (Potter, Carrie) |
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misc
Public Docket Note
Thu 11/07 8:21 AM
DOCKET NOTE: Blank Summons forms and USM 285 forms sent to plaintiff on 11/7/2024 (Potter, Carrie) |
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| Thursday, October 31, 2024 | ||
| 11 | 11
motion
Proceed In Forma Pauperis
Thu 10/31 8:18 AM
Third MOTION for Leave to Proceed in forma pauperis filed by Jack Doherty.(Simoncelli, Michael) |
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Att: 1
Account Statement
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| 10 | 10
misc
Supplemental Memorandum in Support
Thu 10/31 8:17 AM
SUPPLEMENTAL COMPLAINT by Jack Doherty in support of7 Amended Complaint,.(Simoncelli, Michael) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F,
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Att: 8
Exhibit G,
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Att: 9
Exhibit H,
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Att: 10
Exhibit I,
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Att: 11
Exhibit J,
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Att: 12
Exhibit List
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| Friday, October 11, 2024 | ||
| 9 | 9
misc
Prisoner Trust Fund Account Statement
Fri 10/11 4:53 PM
Prisoner Trust Fund Account Statement by Jack Doherty. (Gonzalez Gomez, Viviana) |
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Att: 1
Envelope
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| 8 | 8
motion
Proceed In Forma Pauperis
Fri 10/11 4:52 PM
Second MOTION for Leave to Proceed in forma pauperis filed by Jack Doherty.(Gonzalez Gomez, Viviana) |
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Att: 1
Envelope
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| 7 | 7
4
pgs
cmp
Amended Complaint
Fri 10/11 4:50 PM
Second AMENDED COMPLAINT against Rhode Island Department of Corrections, filed by Jack Doherty. (Gonzalez Gomez, Viviana) |
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Att: 1
Exhibit List,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F,
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Att: 8
Exhibit G,
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Att: 9
Exhibit H,
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Att: 10
Exhibit I,
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Att: 11
Exhibit J,
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Att: 12
Civil Cover Sheet,
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Att: 13
Summons Request,
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Att: 14
Envelope
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| Wednesday, September 25, 2024 | ||
| 6 | 6
order
Judgment
Wed 09/25 4:04 PM
JUDGMENT entered in accordance with the Text Order of 6/25/24. So Ordered by District Judge Mary S. McElroy on 9/25/2024. (Potter, Carrie) |
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order
Order on Motion for Leave to Proceed In Forma Pauperis
Wed 09/25 3:59 PM
TEXT ORDER. The plaintiff, Jack Doherty, an inmate held in Maximum Security, alleges in his Amended Complaint (ECF No.4 ) inadequate medical care provided by the Rhode Island Department of Corrections. Mr. Doherty contends that he has been prescribed three different anti-psychotic medications but was never warned of any side effects and did, in fact, experience a serious side effect. The Court, after the mandatory screening required by 28 U.S.C. § 1915, determined that his Complaint was insufficient but gave him the opportunity to file an Amended Complaint, which he has done. The Amended Complaint cured the first defect, and adequately identifies the personnel allegedly liable. However, the standard for an Eighth Amendment inadequate medical care claim is very demanding and sets a very high threshold. A prisoner must plead sufficient facts to demonstrate that prison officials have responded with deliberate indifference to a serious medical need or risk. That standard is not met by claims of simple medical malpractice, which are properly brought in a state court. Estelle v. Gamble, 429 U.S. 97, 104 (1976). Disagreements regarding effective treatments are insufficient to satisfy that standard. Ruiz-Rosa v. Rullan, 485 F.3d 150, 156 (1st Cir. 2007). "Deliberate indifference" is a standard akin to wantonness and criminal recklessness. Sosa v. Mass. Dept. of Corr., ___ F. Supp.3d ___, 2024 WL 1375969, at *3 (D. Mass. Mar. 30, 2024). Even taking Mr. Doherty's allegations as true, and assuming a serious medical need, what he recounts does not meet the Estelle standard. The case is DISMISSED and the Motion to Proceed In Forma Pauperis is therefore DENIED as moot.. So Ordered by District Judge Mary S. McElroy on 9/25/2024. (Potter, Carrie) |
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| Thursday, September 12, 2024 | ||
| 5 | 5
misc
Public Docket Note
Thu 09/12 12:33 PM
DOCKET NOTE: Received a duplicate IFP application and a duplicate inmate account statement Regarding:2 MOTION for Leave to Proceed in forma pauperis ,3 Prisoner Trust Fund Account Statement. (Hill, Cherelle) |
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Att: 1
Inmate Accounts
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| 4 | 4
2
pgs
cmp
Amended Complaint
Thu 09/12 12:27 PM
AMENDED COMPLAINT against Angieszka Janicka, Rhode Island Department of Corrections, Uncheckukwu Ugorji, filed by Jack Doherty.(Hill, Cherelle) |
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Att: 1
Exhibit List,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F,
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Att: 8
Exhibit G,
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Att: 9
Exhibit H,
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Att: 10
Exhibit I,
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Att: 11
Exhibit J,
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Att: 12
Exhibit K,
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Att: 13
Exhibit L,
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Att: 14
Exhibit M,
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Att: 15
Exhibit N,
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Att: 16
Exhibit O,
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Att: 17
Summons,
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Att: 18
Civil Cover Sheet,
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Att: 19
Envelope
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| Tuesday, September 03, 2024 | ||
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order
Order
Tue 09/03 1:04 PM
TEXT ORDER. This complaint alleges inadequate medical care provided by the Department of Corrections to Mr. Doherty, an inmate held in Maximum Security. Mr. Doherty contends that he has been prescribed three different anti-psychoticmedications but was never warned of any side effects and did, in fact, experience a serious side effect. Because Mr. Doherty has applied to proceed In Forma Pauperis (IFP) (ECF No. 2), the Court is required by 28 U.S.C. § 1915 to screen his Complaint to determine whether it states a plausible federal claim for relief. The primary defect in the Complaint is that it fails to identify any particular person(s) who either prescribed the medication or administered it without warning of its side effects. The plaintiff is pro se and for that reason the Court deems his complaint brought pursuant to 42 U.S.C. § 1983, but the Department of Corrections, the named defendant, is a stand-in for the State of Rhode Island and cannot be sued for damages through § 1983. Will v. Michigan, 491 U.S. 58, 71 (1989). Only named individuals may be sued; if their identifies are not known at the time of the filing of the Complaint, they may be described and designated as John or Jane Does. The second defect in the Complaint is that there are no facts stated from which the Court can infer that the state officials acted with deliberate indifference to a serious medical need. It is that element that distinguishes a violation of the Eighth Amendment which is a viable action in federal court from simple medical malpractice which is properly brought in a state court. Estelle v. Gamble, 429 U.S. 97, 104 (1976). Both these defects are serious and preclude the Court from granting the IFP Application. The Court extends Mr. Doherty thirty (30) days in which to file an Amended Complaint curing these defects. If an Amended Complaint does not cure the defects or is not filed, the case will be dismissed. Decision on the IFP Application is deferred. So Ordered by District Judge Mary S. McElroy on 9/3/2024. (Potter, Carrie) |
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| Thursday, August 29, 2024 | ||
| 3 | 3
misc
Prisoner Trust Fund Account Statement
Thu 08/29 12:25 PM
Prisoner Trust Fund Account Statement by Jack Doherty.(Hill, Cherelle) |
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Att: 1
Envelope
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| 2 | 2
motion
Proceed In Forma Pauperis
Thu 08/29 12:23 PM
MOTION for Leave to Proceed in forma pauperis filed by Jack Doherty.(Hill, Cherelle) |
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Att: 1
Envelope
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| 1 | 1
4
pgs
cmp
Complaint
Thu 08/29 12:22 PM
COMPLAINT, filed by Jack Doherty.(Hill, Cherelle) (Hill, Cherelle) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Envelope
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Att: 3
(8/29/2024) Summons
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utility
Case Assigned/Reassigned
Thu 08/29 12:27 PM
Case assigned to District Judge Mary S. McElroy and Magistrate Judge Lincoln D. Almond. (Hill, Cherelle) |
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