Opinion

Fitzpatrick v. Wexford Health Sources, Inc.

Court
District Court, S.D. Illinois
Filed
Sep 10, 2024
Cited by
0 cases
Authority
More cited than 31.4%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

CHARLES FITZPATRICK,

Plaintiff,

v. Case No. 20-CV-01218-SPM

WEXFORD HEALTH

SOURCES, INC., et al.,

Defendants.

MEMORANDUM AND ORDER

McGLYNN, District Judge:

Pending before the Court are two Motions for Summary Judgment—one filed

by Defendants Wexford Health Sources, Inc.; Mohammed Siddiqui, M.D.; Alisa

Dearmond; Michael Moldenhauer; and Mary Jo Zimmer (Doc. 88) and the second filed

by Defendants Rob Jeffreys and Anthony Wills (Doc. 91). Pro se Plaintiff Charles

Fitzpatrick filed a Response. (Doc. 94). Having been fully informed of the issues

presented, this Court GRANTS both Motions for Summary Judgment.

RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

Pro se Plaintiff Charles Fitzpatrick is an inmate presently incarcerated at

Menard Correctional Center in Menard, Illinois. (See Doc. 1). The instant case arises

from treatment Fitzpatrick received for an abdominal lump (later determined to be

abdominal wall pain) while at Menard. (See id.). Fitzpatrick filed the instant lawsuit

on November 9, 2020. (See id.). This Court conducted preliminary review of

Fitzpatrick’s Complaint pursuant to 28 U.S.C. § 1915A on September 27, 2021. (Doc.

11). The Court consolidated Fitzpatrick’s claims as follows: (1) a claim that he was

denied adequate medical care by Defendants Dr. Siddiqui; Nurse Practitioners

Deamond, Moldenhauer, and Zimmer; and Healthcare Unit Administrator Crain1

and that Defendants Jeffreys (the Director of the Illinois Department of Corrections)

and Wills (the Warden at Menard) failed to intervene in violation of the Eighth

Amendment (Doc. 11, p. 5 (citing Doc. 1, pp. 13–15)); (2) that Defendant Wexford’s

alleged cost-saving practices resulted in his abdominal lump and associated pain

being improperly treated (Id., p. 6); and (3) that Defendants Jeffreys and Wills “knew

that the healthcare unit was understaffed through grievances he filed and filed by

other inmates and ‘deliberately turned a blind eye.’” (Id. (citing Doc. 1, p. 12)).

Defendants Wexford, Siddiqui, Dearmond, Moldenhauer, and Zimmer filed a

Motion for Summary Judgment on March 24, 2022 (Doc. 46); Defendants Jeffreys,

Wills, and Crain filed a separate Motion for Summary Judgment on April 25, 2022

(Doc. 53). The Court denied both motions on October 28, 2022. (See Doc. 63). The

Court held a Pavey hearing on January 19, 2023 (see Doc. 69) and determined on June

29, 2023 that Fitzpatrick had exhausted his administrative remedies against all of

the Defendants with the exception of Defendant Crain; Fitzpatrick’s claims against

her were dismissed with prejudice. (See Doc. 75). Each group of Defendants filed a

Motion for Summary Judgment on June 6, 2024. (See Docs. 88, 91). Fitzpatrick

responded on July 31, 2024. (See Doc. 94). Defendants Wexford, Siddiqui, Deamond,

Moldenhauer, and Zimmer filed a Reply on August 14, 2024. (See Doc. 95).

1 The Court dismissed Fitzpatrick’s claims against two unnamed individuals on October 28, 2022 for

failure to file a motion to substitute their actual names by the Court’s deadlines. (See Doc. 63).

APPLICABLE LAW AND LEGAL STANDARDS

The court shall grant summary judgment “if the movant shows that there is no

genuine dispute as to any material fact and the movant is entitled to judgment as a

matter of law.” Spurling v. C & M Fine Pack, Inc., 739 F.3d 1055, 1060 (7th Cir. 2014)

(quoting Fed. R. Civ. P. 56(a)). Once the moving party has set forth the basis for

summary judgment, the burden then shifts to the nonmoving party who must go

beyond mere allegations and offer specific facts showing that there is a genuine issue

of fact for trial. Fed. R. Civ. P. 56(e); see Celotex Corp. v. Catrett, 477 U.S. 317, 322–

23 (1986). Stated another way, the nonmoving party must offer more than

“[c]onclusory allegations, unsupported by specific facts,” to establish a genuine issue

of material fact. Payne v. Pauley, 337 F.3d 767, 773 (7th Cir. 2003) (citing Lujan v.

Nat’l Wildlife Fed’n, 497 U.S. 871, 888 (1990)).

In determining whether a genuine issue of fact exists, the Court must view the

evidence and draw all reasonable inferences in favor of the party opposing the motion.

Bennington v. Caterpillar Inc., 275 F.3d 654, 658 (7th Cir. 2001); see also Anderson v.

Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). “A genuine issue of material fact arises

only if sufficient evidence favoring the nonmoving party exists to permit a jury to

return a verdict for that party.” Faas v. Sears, Roebuck & Co., 532 F.3d 633, 640–41

(7th Cir. 2008) (quoting Springer v. Durflinger, 518 F.3d 479, 483 (7th Cir. 2008)).

The non-movant cannot simply rely on its pleadings; the non-movant must present

admissible evidence that sufficiently shows the existence of each element of its case

on which it will bear the burden of proof at trial. Midwest Imps., Ltd. v. Coval, 71

F.3d 1311, 1317 (7th Cir. 1995) (citing Serfecz v. Jewel Food Stores, 67 F.3d 591, 596

(7th Cir. 1995); Greater Rockford Energy & Tech. Corp. v. Shell Oil Co., 998 F.2d 391,

394 (7th Cir. 1993), cert. denied, 510 U.S. 1111 (1994); Celotex, 477 U.S. at 323–24).

ANALYSIS

The Eighth Amendment prohibits cruel and unusual punishment and

deliberate indifference to the “serious medical needs of a prisoner [which] constitutes

the unnecessary and wanton infliction of pain forbidden by the Constitution.”

Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816, 828 (7th Cir. 2009) (citation

omitted). A prisoner is entitled to “reasonable measures to meet a substantial risk of

serious harm”—not to demand specific care. Forbes v. Edgar, 112 F.3d 262, 267 (7th

Cir. 1997).

Claims for deliberate indifference have an objective and a subjective

component. Estelle v. Gamble, 429 U.S. 97 (1976). Fitzpatrick must establish that he

suffered from an objectively and sufficiently serious medical condition. Cesal v.

Moats, 851 F.3d 714, 721 (7th Cir. 2017). He must also show that the Defendants

actually knew of, but disregarded, a substantial risk to the inmate’s health. Cesal,

851 F.3d at 721. “Intentional delays in medical care may constitute deliberate

indifference, even if the inmate’s medical condition is non-life threatening.” Id. at 722

(quoting Arnett v. Webster, 658 F.3d 742, 753 (7th Cir. 2011)). “A doctor’s choice of

‘easier and less efficacious treatment’ for an objectively serious medical condition also

may be sufficient . . . [,] [b]ut ‘mere disagreement with a doctor’s medical judgment’

is not enough to support an Eighth Amendment violation.” Id. (first quoting Estelle,

429 U.S. at 104 & n.10; then quoting Berry v. Peterman, 604 F.3d 435, 441 (7th Cir.

2010)).

Additionally, it is well-settled that mere negligence is not enough to establish

a Defendant’s deliberate indifference. See, e.g., Davidson v. Cannon, 474 U.S. 344,

347-48 (1986). In fact, even gross negligence is insufficient. King v. Kramer, 680 F.3d

1013, 1018 (7th Cir. 2012). Instead, deliberate indifference is comparable to criminal

recklessness. Thomas v. Blackard, 2 F.4th 716 (7th Cir. 2021) (citing King, 680 F.3d

at 1018). “‘Reckless’ describes conduct so dangerous that the deliberate nature of the

defendant’s actions can be inferred.” Jackson v. Illinois Medi-Car, Inc., 300 F.3d 760,

765 (7th Cir. 2002) (quoting Qian v. Kautz, 168 F.3d 949, 955 (7th Cir. 1999)).

Assessing the subjective prong is more difficult in cases alleging inadequate

care as opposed to a lack of care. Without more, a “mistake in professional judgment

cannot be deliberate indifference.” Whiting v. Wexford Health Sources, Inc., 839 F.3d

658, 662 (7th Cir. 2016). The Seventh Circuit has explained:

By definition a treatment decision that’s based on professional judgment

cannot evince deliberate indifference because professional judgment

implies a choice of what the defendant believed to be the best course of

treatment. A doctor who claims to have exercised professional judgment

is effectively asserting that he lacked a sufficiently culpable mental

state, and if no reasonable jury could discredit that claim, the doctor is

entitled to summary judgment.

Id. (quoting Zaya v. Sood, 836 F.3d 800, 805–06 (7th Cir. 2016)). This is in contrast

to a case “where evidence exists that the defendant knew better than to make the

medical decision that [he] did.” Id. (quoting Petties v. Carter, 836 F.3d 722, 731 (7th

Cir. 2016)) (cleaned up). A medical professional’s choice of an “easier and less

efficacious treatment” can rise to the level of violating the Eighth Amendment,

however, where the treatment is known to be ineffective but is chosen anyway. Berry,

604 F.3d at 441 (quoting Estelle, 429 U.S. at 104 & n.10). The Seventh Circuit has

“characterized the standard as imposing a high hurdle on plaintiffs because it

requires a ‘showing as something approaching a total unconcern for the prisoner’s

welfare in the face of serious risks.’” Rosario v. Brawn, 670 F.3d 816, 821 (7th Cir.

2012) (quoting Collins v. Seeman, 462 F.3d 757, 762 (7th Cir. 2006)).

The first question before the Court is whether Fitzpatrick’s abdominal lump

qualified as a “serious” medical condition. Fitzpatrick argues that it was (see Doc. 1,

p. 7) and Defendants Jeffreys and Wills argue that his abdominal lump and

associated pain were not “life-threatening” and “did not constitute a substantial risk

to the Plaintiff’s safety or represent injuries for which failure to treat could result in

further significant injury to Plaintiff.” (Doc. 91, pp. 13–14 (quoting id., ¶ 9)).

First, “the Supreme Court contemplated that medical conditions far less

critical than ‘life-threatening’ would be encompassed by the term.” Gutierrez at 1370.

“Indeed, the inmate in Estelle based his medical care claim ‘solely on the lack of

diagnosis and inadequate treatment of his back injury,’ which had been diagnosed by

prison doctors as a lower back strain and treated with muscle relaxants and pain

medication.” Id. at 1370–71 (quoting Estelle at 107). The Seventh Circuit concluded

in Gutierrez that an infected pilonidal cyst was a sufficiently “serious” medical need,

like the back injury in Estelle; injuries from an assault by prison guards in Cooper v.

Casey, 97 F.3d 914, 917–17 (7th Cir. 1996); and psychological treatment in Antonelli

v. Sheahan, 81 F.3d 1422, 1432 (7th Cir. 1996). See Gutierrez at 1371–72. However,

the Seventh Circuit put common colds, toes with removed toenails, and mild asthma

as being outside the ambit of “serious” medical needs. See id. at 1372 (citing Gibson

v. McEvers, 631 F.2d 95 (7th Cir. 1980); Snipes v. DeTella, 95 F.3d 586, 591 n.1 (7th

Cir. 1996), cert. denied, 519 U.S. 1126 (1997); Oliver v. Deen, 77 F.3d 156 (7th Cir.

1996)).

With all of the above in mind, the Seventh Circuit noted that “[i]t is a far easier

task to identify a few exemplars of conditions so plainly trivial and insignificant as to

be outside the domain of Eighth Amendment concern than it is to articulate a

workable standard for determining ‘seriousness’ at the pleading stage.” Id. at 1372.

Notably, Gutierrez involved a suit dismissed at the pleadings, not a case at the point

of summary judgment as in the instant case. The Seventh Circuit has “recognized

that ‘a hernia can be an objectively serious medical problem’ and that for some

hernias, the ‘chronic pain presents a separate objectively serious condition.’” Wilson

v. Wexford Health Sources, Inc., 932 F.3d 513, 521 (7th Cir. 2019) (quoting Gonzalez

v. Feinerman, 663 F.3d 311, 314 (7th Cir. 2011)). While a hernia was eventually ruled

out as the cause of Fitzpatrick’s pain, he does describe the abdominal lump as being

painful. (See Docs. 1, 94). Because Fitzpatrick’s lump caused him “excruciating pain”

(Doc. 94, p. 18) and required various treatments as well as diagnostic labs and

imaging, the Court holds that Fitzpatrick’s abdominal lump was a sufficiently serious

medical need in line with the first prong of the deliberate indifference standard. See

Cesal, 851 F.3d at 721.

I. Defendants Siddiqui, Dearmond, Moldenhauer, and Zimmer

We then move to the question of whether each of the medical provider

Defendants were deliberately indifferent to Fitzpatrick’s abdominal lump. In Cesal,

the Seventh Circuit found that a prison physician was not deliberately indifferent to

an inmate’s back injury because there was not “any reason in this record to think that

starting with the physician assistant and nurse was not a reasonable step.” Id. at

723. While Fitzpatrick argues that there were significant delays in his treatment, the

Seventh Circuit has stated that “[o]ne thing which has long been clear in our Eighth

Amendment cases is that the amendment is not coterminous with a medical

malpractice claim.” Forbes v. Edgar, 112 F.3d 262, 266 (7th Cir. 1997) (citing Bryant

v. Madigan, 84 F.3d 246 (7th Cir. 1996); Oliver v. Deen, 77 F.3d 156 (7th Cir. 1996);

Snipes v. DeTella, 95 F.3d 586 (7th Cir. 1996), cert. denied, 519 U.S. 1126 (1997)).

Additionally, prisoners are “not entitled to the best care possible” but rather “to

reasonable measures to meet a substantial risk of serious harm to her.” Forbes v.

Edgar, 112 F.3d 262, 267 (7th Cir. 1997). When a prisoner sought “specific treatment

and foolproof protection from infection,” the Seventh Circuit stated that “[t]he Eight

[sic] Amendment does not provide her with either.” Forbes, 112 F.3d at 266.

Fitzpatrick began experiencing what he describes as a painful lump on the left

side of his abdomen while making noodles at a sink in October 2019; he first sought

treatment for it at sick call on November 15, 2019 and was prescribed antacid tablets.

(See Doc. 89, Ex. C, p. 1; Doc. 91, ¶ 7 (citing Doc. 91, Ex. A, 27:19–28:7; 29:9–15;

110:4–8)). He was seen again at sick call on March 5, 2020; Fitzpatrick refused both

acetaminophen and ibuprofen for his pain. (See Doc. 89, Ex. C, pp. 3–5). On March

26, 2020, he was seen by Defendant Moldenhauer, who prescribed Colace and

submitted a collegial review. (See id., Ex. C, p. 5). A request for an ultrasound was

sent on April 7, 2020. (See id., Ex. C, p. 6). Fitzpatrick was seen again on April 13 and

14, 2020; it was noted that labs were ordered and that Fitzpatrick had zero pain with

palpation of the lump, although he did describe the pain as “excruciating” on April

13. (id., Ex. C, p. 7; see id., Ex. C, pp. 7–8). He was seen again by Defendant

Moldenhauer on April 21, 2020, who indicated that Fitzpatrick was awaiting testing.

(See id., Ex. C, p. 9). Fitzpatrick was next seen at sick call on May 19, 2020 and it was

noted that he was waiting for an x-ray. (See id., Ex. C, pp. 10–11). He was seen by

Defendant Siddiqui on May 26, 2020, who noted no indications of a hernia and “no

lumps on back or head.” (See id., Ex. C, p. 12).

Fitzpatrick had an ultrasound on May 28, 2020 and was seen by Defendant

Zimmer later the same day. (See id., Ex. C, p. 13). Fitzpatrick subsequently had a

chest x-ray and kidney, ureter, and bladder x-ray on June 18, 2020. (See id., Ex. C, p.

14). Fitzpatrick saw Defendant Dearmond on June 19, 2020 and was informed that

none of the imaging indicated that a hernia was present; Defendant Dearmond

prescribed “capsaicin cream to apply twice a day as needed for six months” and “400

milligrams of Neurontin to be taken twice daily for six months.” (Doc. 89, ¶21; see id.,

Ex. C, p. 15). Fitzpatrick was next seen by Dr. Reynal Caldwell on July 29, 2020; Dr.

Caldwell ordered an upper GI barium test. (See id., Ex. C, p. 16). At collegial review,

Fitzpatrick’s upper GI barium test was denied and an alternative treatment plan was

adopted including checking Plaintiff’s commissary list, a fecal occult blood test, trial

H2 blockers, and Bentyl. (See id., Ex. C, p. 17). Fitzpatrick’s appointment with

Defendant Zimmer on August 25, 2020 was cancelled due to “institutional deadlock.”

(See id., Ex. C, p. 18). Defendant Moldenhauer next saw Fitzpatrick on September 1,

2020 and discussed the alternative treatment plan, which included “urinalysis

(“UA”), comprehensive metabolic panel (“CMP”), complete blood count (“CBC”) with

a stool occult blood test on three consecutive bowel movements”; Fitzpatrick was

prescribed “20 milligrams of Bentyl twice daily and 40 milligrams of Prilosec both for

three months.” (Id., ¶ 31 (citing id., Ex. C, p. 63; Ex. F, ¶ 7)).

Fitzpatrick saw Defendant Siddiqui on November 11, 2020. (See id., Ex. C, p.

20). Fitzpatrick “reported no nausea or bowel symptoms” and “reported that Bentyl

and Prilosec were not effective in treating his symptoms” and “demanded an outside

referral.” (Id., ¶ 33). “Dr. Siddiqui noted that all testing, including the ultrasound,

was normal” and that Plaintiff’s abdomen was flat and nontender with no discernable

hernia.” (Id.). “His diagnosis during this encounter was that Plaintiff had nonspecific

pain in his abdomen.” (Id.).

Fitzpatrick was next seen by a nurse on March 27, 2021 and by Defendant

Moldenhauer on April 2, 2021. (See id., Ex. C, pp. 21–23). A collegial review was

submitted for an abdominal CT scan. (See id., Ex. C, p. 23). The CT scan was

performed on May 19, 2021 and “found no acute abnormalities in the abdomen or

pelvis and a potential prostatic utricle cyst.” (Id., ¶ 36; see id., Ex. C, p. 24).

Fitzpatrick had another x-ray on April 11, 2023 and another CT scan on April 28,

2023, both of which showed no abnormalities. (Id., ¶¶ 38–39 (citing Plaintiff’s Medical

Records Produced by IDOC, Ex. E, pp. 676, 793; Ex. D, ¶¶ 28–29)). An MRI on May

31, 2023 showed “a prostatic utricle cyst and potential scarring or prostatitis.” (Id., ¶

40 (citing Ex. D, ¶ 30; Ex. E, p. 698)). On June 1, 2023, an outside doctor “noted that,

given the character of the pain as sharp, transient, and aggravated by movement, as

well as the unremarkable labs and CT scan, he was given a diagnosis of abdominal

wall pain.” (Id., ¶ 42 (citing Ex. A, 78:10–18; Ex. E, pp. 702–05)).

The record is clear that Fitzpatrick was seen numerous times by Nurse

Practitioners Dearmond, Moldenhauer, and Zimmer as well as by Dr. Siddiqui. (See

Doc. 89, pp. 2–8; Doc. 91, pp. 2–7). The medical providers ordered diagnostic imaging

to assess Fitzpatrick’s abdominal lump, including an ultrasound; kidney, ureter, and

bladder x-ray; chest x-ray; CT scans; and an MRI. (See Doc. 89, pp. 2–8; Doc. 91, pp.

2–7). They also ordered blood testing and prescribed various medications to treat

Fitzpatrick’s symptoms. (See Doc. 89, pp. 2–8; Doc. 91, pp. 2–7). While Fitzpatrick

argues that he was in “constant pain” (Fitzpatrick Dep. 100:13; 103:18–22) and

described it as “excruciating” on April 13, 2020 (Doc. 89, Ex. C, p. 7), the pertinent

medical documentation states that Fitzpatrick had zero pain with palpation of the

lump and it was noted that the paint was “chronic” and “transient,” not constant as

Fitzpatrick claims. (Doc. 89, ¶ 42 (citing Ex. A, 78:10–18; Ex. E, pp. 702–05)).

Additionally, Fitzpatrick refused acetaminophen and ibuprofen when he was offered

it for pain management. (See Doc. 89, Ex. C, pp. 3–5).

Although Fitzpatrick did file grievances regarding his medical treatment, his

grievance from August 26, 2020 (Doc. 1, p. 32) states that he had been having pain

since March 2020, not from October 2019 as he indicated in his Deposition. See

Fitzpatrick Dep. 110:3–8. While Fitzpatrick states in his Deposition that the “whole

process is terrible” (id. 111:2–3), the medical record indicates that his concerns were

acknowledged via numerous sick call visits, imaging, and diagnostic analysis, most

of which showed no abnormalities. While Fitzpatrick takes issues with specific delays

in his care due to an influenza quarantine and because of delays associated with

collegial review, neither of these facts indicate that the medical provider Defendants

were deliberately indifferent to his medical needs; instead, Fitzpatrick’s medical

record showed that the Defendants addressed his concerns through various

medications, diagnostics tests, and treatment plans.

Fitzpatrick also argues that the medical provider Defendants intentionally

delayed his treatment as a cost-saving measure. (See Doc. 1, pp. 4–11; Doc. 94, pp. 6–

11). However, he has not provided any evidence that he was denied treatment as a

cost-saving measure by any of the medical provider Defendants. See Fitzpatrick Dep.

84:23–88:24.

Therefore, construing the evidence in favor of Fitzpatrick, the Court holds that

a jury could not find that Defendants Siddiqui, Dearmond, Moldenhauer, or Zimmer

were deliberately indifferent to Fitzpatrick’s abdominal lump in violation of the

Eighth Amendment. For this reason, their Motion for Summary Judgment must be

granted.

II. Defendant Wexford Health Sources, Inc.

The Seventh Circuit has held that “a private corporation is not vicariously

liable under § 1983 for its employees’ deprivations of others’ civil rights.” Wilson, 932

F.3d at 521 (quoting Iskander v. Village of Forrest Park, 690 F.2d 126, 128 (7th Cir.

1982)). “The plaintiff may try, however, to demonstrate that a private corporation has

a company policy or rule that is the ‘moving force of the constitutional violation.’” Id.

(quoting Iskander at 128); see Monell v. Dep’t of Soc. Servs. of City of N.Y., 436 U.S.

658, 694 (1978). Fitzpatrick argues that Wexford “has a policy to deliberately

understaff its Healthcare Unit (HCU) at Menard to save money,” that it “has allowed

non-medical persons [to] make medical decisions,” that “medical staff are allowed to

constantly break the rules without consequence or discipline,” and that they are

aware of these issues because of grievances filed by inmates and because of “the many

many many [sic] 1983 lawsuits that have been filed about these medical staff

deliberately denying medical care to inmates.” (Doc. 1, pp. 4, 8, 9, 10). Fitzpatrick

argues that the sick call forms show that Wexford has “a policy in place . . . to give

only Tylenol & Ibuprofen for pain to save money even though they know that this

does not help with managing the pain or stopping the pain” and that he “made it

known that he was in excruciating pain & the medications the Defendants were

giving him were not helping to manage or stop his pain.” (Id., pp. 13–14). He argues

that the prison sick call forms evince “a procedure called standard protocol or

standing protocol about the Tylenol, the Ibuprofen.” Fitzpatrick Dep. 83:18–20.

Fitzpatrick also points to the “civil class action lawsuit Lippert v. Godinez/Baldwin

filed in 2010 & believed to be settled in 2019” as evidence of Wexford’s deliberate

understaffing. (Doc. 94, p. 10).

Wexford argues that “Plaintiff’s evidence of the Wexford policy of deliberate

understaffing consists of his personal observations as well as vague statements of

unidentified nurses.” (Doc. 89, p. 15). They also argue that “Plaintiff’s evidence of a

Wexford policy of giving only Tylenol and Ibuprofen rests solely on the fact that those

two medications are listed on the outpatient progress note form” and that “Plaintiff’s

own medical records reflect that other medications can be written on these forms, and

also that Tylenol and Ibuprofen are often not prescribed.” (Id., p. 16 (citing id., Ex.

C)). Wexford also argues that “Plaintiff presents no evidence of the alleged Wexford

policy of considering cost above all else when determining a course of medical

treatment” and that Wexford does not have any “policy, protocol, or practice, either

written or unwritten, of (1) not adequately training or supervising their medical staff,

(2) using the collegial review process to deny medical care, (3) limiting pain medicine

to only Tylenol and Ibuprofen, or (4) delaying or cancelling medical appointments at

correctional facilities to save money.” (Id.)

Wexford is correct that Fitzpatrick has provided zero evidence of any

unconstitutional policy at Wexford besides personal anecdotes and observations. As

Wexford states, “without evidence of an unconstitutional policy[,] Plaintiff’s claims as

to Wexford must be dismissed.” (Id., p. 15 (citing Shields v. Ill. Dep’t of Corr., 746

F.3d 782, 789 (7th Cir. 2014); Iskander, 690 F.2d at 128)). Therefore, even considered

the evidence in the light most favorable to him, Fitzpatrick has failed to rebut

Wexford’s assertion that there is not a genuine dispute of material fact sufficient for

his claims against Wexford to be presented to a jury.

III. Defendants Jeffreys and Wills

A. Sovereign Immunity

Defendants Jeffreys and Wills first argue that they are entitled to sovereign

immunity. (See Doc. 91, pp. 9–10). They argue that, because “[a] suit against a State

officer in his official capacity is actually against the State,” that Fitzpatrick’s Eighth

Amendment deliberate indifference claims are barred by sovereign immunity. (Id., p.

9 (citing Wilson v. Quinn, 2013 IL App. (5th) 120337)). They argue that the factors

elucidated in Shirley v. Harmon, 405 Ill. App. 3d 86 (2nd Distr. 2010) indicate that

sovereign immunity shields both of them in the instant case. (See Doc. 91, p. 9

(quoting Shirley at 91 (“An action will be considered against the State, and thus,

within the exclusive jurisdiction of the Court of Claims, where: “(1) [T]here are no

allegations that a state employee acted beyond the scope of his authority through

wrongful acts; (2) the employee did not allegedly breach a duty owed to the public

generally independent of his state employment; and (3) the complained-of actions

involve matters ordinarily within the employee’s normal and official functions with

the State.’”))). Defendants Jeffreys and Wills argue that “there is no allegation in the

complaint that either Defendant acted beyond the scope of his authority as the

director of the Illinois Department of Corrections (Jeffreys) or warden of Menard

(Wills)”; that “the alleged breaches are based upon what Plaintiff believes to be a duty

owed specifically to Plaintiff as an inmate at Menard Correctional Center, not the

public generally independent of Defendant’s state employment”; and that “the

complained-of actions involve matters ordinarily within Defendants’ normal and

official functions.” (Id., p. 10 (citations omitted)). Fitzpatrick does not respond to

Defendants Jeffreys’s and Wills’s sovereign immunity arguments.

The Seventh Circuit has upheld the determinations of district courts that

state agencies are not “‘persons’ amenable to suit under § 1983.” Cullen v. Saddler,

668 F. App’x 656 (7th Cir. 2016) (citing Will v. Mich. Dep’t of State Police, 491 U.S.

58, 71 (1989); Wagoner v. Lemmon, 778 F.3d 586, 592 (7th Cir.), cert. denied, 577 U.S.

925 (2015) (Mem.); Fairley v. Fermaint, 482 F.3d 897, 904 (7th Cir. 2006)). However,

while Defendants Jeffreys and Wills argue that Fitzpatrick’s claims against them are

actually against state agencies, Fitzpatrick is clear that he is suing them as

individuals, not merely as a means to attempt to sue state agencies. (See id., p. 9

(citing Wilson v. Quinn, 2013 IL App. (5th) 120337); see also Docs. 1, 94). As the

Seventh Circuit caselaw is clear, the Court holds that sovereign immunity does not

bar Fitzpatrick’s claims against Defendants Jeffreys and Wills.

B. Deliberate Indifference

Fitzpatrick brings two separate claims against Defendants Jeffreys and

Wills—he argues that the two of them were deliberately indifferent to his treatment

by Defendants Siddiqui, Dearmond, Moldenhauer, and Zimmer and that Jeffreys and

Wills “deliberately turned a blind eye” to the understaffing in the HCU. (Doc. 1, pp.

12–13). Jeffreys and Wills argue that they were not deliberately indifferent to

Fitzpatrick’s treatment (Id., pp. 12–18) and that Fitzpatrick’s claims about HCU

understaffing must fail because he has not provided any evidence besides his

allegation “is based entirely on his impressions and hearsay conversations Plaintiff

had with Wexford personnel.” (Id., p. 18).

The Seventh Circuit has stated that “[w]e have long recognized that the

division of labor within a prison necessitates that non-medical officials may

reasonably defer to the judgment of medical professionals regarding inmate

treatment.” Giles v. Godinez, 914 F.3d 1040, 1049 (7th Cir. 2019), cert. denied, 140 S.

Ct. 50 (Mem.). “If a prisoner is under the care of medical experts . . . a non-medical

prison official will generally be justified in believing that the prisoner is in capable

hands.” Id. (quoting Greeno v. Daley, 414 F.3d 645, 656 (7th Cir. 2005)).

Additionally, “absent a reason to believe (or actual knowledge) that prison

doctors or their assistants are mistreating (or not treating) a prisoner, a non-medical

prison official . . . will not be chargeable with the Eighth Amendment scienter

requirement of deliberate indifference.” Id. at 1049–50 (quoting Spruill v. Gillis, 372

F.3d 218, 236 (3d Cir. 2004)). The Seventh Circuit has repeatedly affirmed district

courts’ grant of summary judgment “for non-medical prison officials who relied on the

professional judgment of prison medical staff.” Id. at 1050 (citing Hayes v. Snyder,

546 F.3d 516, 527–28 (7th Cir. 2008)). In both Giles and in Haynes, the Seventh

Circuit determined that such officials “’were entitled to rely on the professional

judgment of medical prison officials’” and “’nothing in [the medical] reports made it

obvious that [the inmate] might not be receiving adequate care.’” Id. (citing Hayes at

527–28). Notably, Giles “was receiving regular medical attention from psychologists,

psychiatrists, and mental health professionals,” had emergency appeals that “were

reviewed by the ARB, which found his complaints to be without merit upon

investigation,” and did not “present[] evidence that his grievances were ignored or

mishandled.” Id.

Defendants Jeffreys and Wills insist that Fitzpatrick’s grievances are

“conclusory statements [that] are not sufficient to satisfy a claim for deliberate

indifference.” (Doc. 91, p. 12 (citing Peterson v. Wexford Health Sources, Inc., 986 F.3d

746, 753 (7th Cir. 2021)). However, Peterson involved “conclusory allegations that

these defendants had the requisite state of mind” with the plaintiff “stating that they

‘ignored the FDA mandated warnings’ and ‘knew that [Peterson] would suffer

personal injuries.’” 986 F.3d at 753. Viewing the evidence in the light most favorable

to Fitzpatrick, the Court will assume that Jeffreys and Wills did receive Fitzpatrick’s

grievances and had notice of his medical care.

However, even assuming that Defendants Jeffreys and Wills were aware of

Fitzpatrick’s medical treatment, both Defendants were entitled to rely upon the

advice and course of treatment conducted by the physicians and medical personnel at

Menard. The instant case is analogous to both Giles and to Haynes because the record

shows that the medical staff at Menard addressed Fitzpatrick’s abdominal lump on

various occasions. (See Doc. 89, pp. 2–8; Doc. 91, pp. 2–7). As the Court previously

noted, Fitzpatrick’s abdominal lump was an objectively serious medical need because

it caused him “excruciating pain.” (Doc. 1, pp. 13–14; Doc. 89, Ex. C, p. 7; Doc. 94, p.

18). As stated above, a prisoner is entitled to “reasonable measures to meet a

substantial risk of serious harm”—not to demand specific care. Forbes v. Edgar, 112

F.3d 262, 267 (7th Cir. 1997). This standard was met here. Regardless of Fitzpatrick’s

assertions of deliberate indifference, it was reasonable for each of the non-physician

Defendants to rely upon the treatment provided by prison medical officials, who

continued to prescribe various treatments for Fitzpatrick’s abdominal lump and

associated pain. (See Doc. 89, pp. 2–8; Doc. 91, pp. 2–7). Additionally, while

Fitzpatrick argues that Defendants Jeffreys and Wills deliberately restricted his

ability to see medical staff because of prison lockdowns, Fitzpatrick admitted in his

deposition that Menard is a “high [sic] aggressive prison” and that this “happens quite

a lot.” Fitzpatrick Dep. 59:3–60:3; (see Doc. 91, p. 18 (citing the same)).

Fitzpatrick also claims that Defendants Jeffreys and Wills were aware that the

HCU at Menard was “understaffed & inadequately staffed.” (Doc. 1, ¶ 20). Defendants

Jeffreys and Wills argue that “Plaintiff’s allegation is based entirely on his

impressions and hearsay conversations Plaintiff had with Wexford personnel.” (Doc.

91, p. 18 (citing Doc. 1, ¶ 18)). In his Deposition, Fitzpatrick states that “I’ve, you

know, had a heated argument with certain nurses. Like, sure, I know I have issues

and she just trying to say, man, we ain’t got enough staff. So same thing with

Siddiqui. Siddiqui said it, too, before.” Fitzpatrick Dep. 34:15–19; see id. 33:5–34:19,

36:16–37:14. Apart from such impressions, Fitzpatrick has provided zero evidence of

this understaffing, so his claim here fails, as well.

In conclusion, while Fitzpatrick has adequately argued that his abdominal

lump was a “serious” medical condition requiring treatment, Seventh Circuit

precedent indicates that Defendants Jeffreys and Wills were entitled to rely upon the

medical judgment of Fitzpatrick’s medical treatment team; put another way, they did

not disregard a substantial risk to Fitzpatrick’s health. Cesal, 851 F.3d at 721.

Moreover, there is no evidence that any of the Defendants exhibited deliberate

indifference to the point of criminal recklessness sufficient to provide them with the

scienter required for a deliberate indifference claim.

C. Qualified Immunity

In the alternative, Defendants Jeffreys and Wills also argue that they are

entitled to qualified immunity. (See Doc. 91, pp. 19–22). While the Court need not

assess Defendants Jeffreys and Wills’s qualified immunity argument by virtue of the

fact that Fitzpatrick’s Eighth Amendment claims do not survive Defendants Jeffreys

and Wills’s Motion for Summary Judgment (Doc. 91), the Court will briefly discuss

the applicability of qualified immunity to the instant facts.

In the alternative to their arguments against each of Fitzpatrick’s claims, the

Defendants argue that they are entitled to qualified immunity because “[g]overnment

officials performing discretionary functions generally are shielded from liability for

civil damages if their conduct does not violate clearly established statutory or

constitutional rights of which a reasonable person would have known.” (Doc. 91, p. 19

(citing Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)). They argue that “the facts

alleged here do not give rise to a constitutional violation” and that “[e]ven if Plaintiff

disagreed with the care he was provided or felt he should have been treated sooner,

this does not rise to the level of a constitutional claim when they did not actually

participate in any aspect of Plaintiff’s medical care.” (Id., pp. 20–21). Fitzpatrick

argues that they are not entitled to qualified immunity because he argues that the

Defendants exhibited deliberate indifference toward his pain in violation of the

Eighth Amendment. (See Doc. 94, p. 19).

“Qualified immunity is an affirmative defense, but once it is raised the burden

shifts to the plaintiff to defeat it.” Holleman v. Zatecky, 951 F.3d 873, 877 (7th Cir.

2020) (citing Sparing v. Vill. of Olympia Fields, 266 F.3d 684, 688 (7th Cir. 2001)).

“To overcome qualified immunity, the facts viewed in the light most favorable to [the

plaintiff] must ‘show that the defendant[s] violated a constitutional right’ and that

‘the right was clearly established at [that] time.’” Id. (quoting Estate of Clark v.

Walker, 865 F.3d 544, 550 (7th Cir. 2017)).

Regarding Fitzpatrick’s Eighth Amendment claim, the Seventh Circuit has

established that “[w]hen considering deliberate-indifference claims challenging the

medical judgment of prison healthcare personnel, qualified-immunity analysis

requires us to frame the legal question with reasonable specificity.” Campbell v.

Kallas, 936 F.3d 536, 546 (7th Cir. 2019). In Campbell, the Seventh Circuit

determined that “[t]he proper inquiry is whether then-existing caselaw clearly

established a constitutional right to gender-dysphoria treatment beyond hormone

therapy” not “that ‘denying effective treatment’ for Campbell’s medical condition

violates the Eighth Amendment” because the latter “formulation—which is basically

a highly conceptualized version of the deliberate-indifference standard—is far too

general.” Id. at 546. Additionally, “‘[f]or purposes of qualified immunity, [the Eighth-

Amendment] duty’ to treat prisoners’ serious medical conditions ‘need not be litigated

and then established disease by disease or injury by injury.’” Id. at 548 (quoting Est.

of Clark, 865 F.3d at 553). Moreover, “[w]hen prison officials utterly fail to provide

care for a serious medical condition, the constitutional violation is obvious and

qualified immunity offers little protection.” Id. (citing Orlowski v. Milwaukee County,

872 F.3d 417, 422 (7th Cir. 2017)).

Here, Fitzpatrick cannot argue that his abdominal lump was not treated at all,

which is clearly not the case. His argument, then, must be that prison officials

persisted in treatment that was ineffective. See id. at 547 (quoting Greeno v. Daley,

414 F.3d 645, 655 (7th Cir. 2005) (citing Petties v. Carter, 836 F.3d 722, 729–30 (7th

Cir. 2016), as amended (Aug. 25, 2016)). This argument also fails because it has

clearly been established that the Defendants treated Fitzpatrick’s abdominal lump.

Like in Campbell, there is no Circuit precedent indicating that the course of care for

his abdominal lump violated a constitutional right, meaning the Defendants were not

on notice of a constitutional violation and would be entitled to qualified immunity if

the Court reached that question.

CONCLUSION

For the reasons set forth above, the Court GRANTS both Defendants

Defendants Wexford Health Sources, Inc.; Mohammed Siddiqui, M.D.; Alisa

Dearmond; Michael Moldenhauer; and Mary Jo Zimmer’s Motion for Summary

Judgment (Doc. 88) and Defendants Rob Jeffreys and Anthony Wills’s Motion for

Summary Judgment. (Doc. 91). This case is DISMISSED with prejudice. The Clerk

of Court is DIRECTED to close this case on the Court’s docket.

IT IS SO ORDERED.

DATED: September 10, 2024

/s/ Stephen P. McGlynn_

STEPHEN P. McGLYNN

U.S. District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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