Treadwell v. McHenry Cnty.

• Decision Date: 20 June 2016
• Docket Number: Case No: 13 C 50077
• Citation: 193 F.Supp.3d 900
• Parties: Ryan TREADWELL, Plaintiff, v. MCHENRY COUNTY, ILLINOIS, et al., Defendants.
• Court: U.S. District Court — Northern District of Illinois

193 F.Supp.3d 900

Ryan TREADWELL, Plaintiff,

v.MCHENRY COUNTY, ILLINOIS, et al., Defendants.

Case No: 13 C 50077

United States District Court, N.D. Illinois.

Signed June 20, 2016

Kenneth N. Flaxman, Joel A. Flaxman, Kenneth N. Flaxman P.C., Chicago, IL, for Plaintiff.

George Michael Hoffman, Woodstock, IL, for Defendants.

ORDER

FREDERICK J. KAPALA, District Judge

Defendant Correct Care Solutions's motion to supplement its motion for summary judgment [98] is granted. Plaintiff's motion for summary judgment [73] is denied. Correct Care Solution's motion for summary judgment [71] is granted in part and denied in part. Defendants McHenry County and Sheriff of McHenry County's motion for summary judgment is denied.

STATEMENT

Plaintiff, Ryan Treadwell, has sued defendants, McHenry County, Illinois and the Sheriff of McHenry County (collectively the "County Defendants"), and Correct Care Solutions, LLC¹ ("CCS"), alleging that CCS, who provides medical vendor services at the McHenry County Jail under contract with McHenry County, has a policy or practice which caused him to suffer unconstitutional harm due to a lack of medical care. Principally, Treadwell claims that CCS has a policy of refusing to provide a family of medications called benzodiazepines to detainees or inmates who come in with a prescription for any of those medications. Instead, CCS begins the individual on a withdrawal protocol, given the highly addictive nature of benzodiazepines. Treadwell, who was prescribed a benzodiazepine called clonazepam (Klonopin ) to treat his Tourette's Syndrome,² was subjected to that policy during his fifty-seven-hour stay in McHenry Jail and suffered some withdrawal symptoms during that time and for approximately a week thereafter. CCS has now moved for summary judgment, arguing that there is insufficient evidence on the record to show that either the decision to take Treadwell off Klonopin or the withdrawal protocol that was utilized were deliberately indifferent to any medical need. The County Defendants have also moved for summary judgment, arguing that they cannot be held accountable for CCS's actions. Finally, Treadwell has moved for partial summary judgment, as to liability only, in his favor. For the reasons which follow, CCS's motion is granted in part and denied in part, the County Defendants' motion is denied, and Treadwell's motion is denied.

I. BACKGROUND³

Prior to going to bed on Christmas Eve, December 24, 2012, Treadwell, who was eighteen at the time and living with his parents, took his medication, as was his normal practice. The next day, December 25, 2012, Treadwell got into an altercation with his father in the evening, which resulted in Treadwell leaving the home and ultimately being arrested for domestic battery without a warrant at 11:40 p.m. that same night, thereby missing his nightly medication. Treadwell arrived at the McHenry County Jail at 1:25 a.m. on December 26, 2012. As part of the intake process, Treadwell informed the staff of his Tourette's Syndrome and other illnesses (primarily mental illnesses) and provided information as to his prescriptions. Sometime after 2 a.m. that same day, the paramedic on duty at the jail verified Treadwell's prescriptions for Klonopin and pimozide (Orap), among others. At the time of his admission, Treadwell had been on Klonopin for fourteen years for his Tourette's Syndrome, although he admitted in his deposition that his doctors had attempted to wean him off of it in the past without success. The next morning, Treadwell was taken before a Judge at the jail, who set his bond and appointed the public defender to represent Treadwell.

CCS has a standing policy of withdrawing inmates, including those with a valid prescription, from benzodiazepine use and have enacted a standard protocol to mitigate and control the withdrawal symptoms.⁴ CCS has enacted this policy because benzodiazepines are considered dangerous, are highly addictive, and can produce a high. Similarly, CCS, at least at McHenry County Jail, has a standing policy of failing to give prescribed antipsychotics, like Orap, until its psychiatrist has seen the inmate, except for those that it has deemed "no-miss" medications (which Orap is not). The contract which sets out CCS's duties at McHenry County Jail gives CCS broad discretion in the provision of medical care, and the setting of policies concerning care, to the inmates. The contract is signed by individuals representing McHenry County and CCS.

CCS's benzodiazepine withdrawal protocol contemplates the gradual tapered use of a different, less dangerous benzodiazepine, chlordiazepoxide (Librium ), over five days along with symptom monitoring and use of a clinical institute withdrawal assessment ("CiWA") scale to track the severity and improvement in withdrawal symptoms. The CiWA scale has a number of withdrawal symptoms that are "scored" based on the severity of witnessed symptoms and subjective patient complaints. The scores for each of the ten withdrawal symptoms are then aggregated, with a score under 10 considered stable, 10-15 considered mild to moderate withdrawal symptoms, 16-19 considered moderate withdrawal symptoms, and greater than 20 considered severe (out of a maximum possible of 67). It also includes a vital signs (pulse and blood pressure) screening and has a screening for suicidal thoughts or feelings of hopelessness. Nurses, who monitor the patient and apply the withdrawal protocol, are supposed to contact a physician if the CiWA score exceeds a particular range, if the pulse or blood pressure assessments exceed certain parameters, or if an inmate is having a hard time with anxiety or experiences a seizure.

As part of the protocol, Treadwell was housed in a special cell to allow for easy regular monitoring. Also pursuant to the protocol, CCS employees provided Treadwell with 50 mg of Librium at 8:00 p.m. on December 26, 2012 and at 9:00 a.m., 1:00 p.m., and 8 p.m. on December 27, 2012. Treadwell was evaluated by a nurse at 9:30 a.m. on December 27, 2012 and scored a 12 on the CiWA scale, followed by a 5 and a 4 that same afternoon and evening. Treadwell filed two complaints concerning his medical care while at McHenry County Jail, both seeking his prescription medications and medical care for his withdrawal symptoms, including stomach pain. A nurse at the jail spoke to Treadwell concerning his second complaint, and told him that he would have "repercussions or ramifications" from withdrawing, meaning he would suffer at least some symptoms of withdrawal, and provided him with Zantac to assist with his stomach problems and a painkiller for his complaints of discomfort.⁵

On December 28, 2012, a judge ordered Treadwell released on bond. There is nothing in the record to suggest he would not have received the remainder of the protocol had that not occurred. Treadwell testified that, when he went before the judge on December 28, he was sweating, his hands were shaking, he was hallucinating, and his stomach hurt. Treadwell also testified that he suffered from withdrawal symptoms throughout his stay at McHenry County Jail and for approximately a week thereafter, even though he resumed his normal medication on the evening of December 28. During his time at the jail, Treadwell was never treated by a licensed physician.

In his amended complaint, Treadwell brings a Monell, policy-based claim against all three defendants based on his medical treatment at the jail. CCS has moved for summary judgment, arguing that there is insufficient evidence to show that any of its policies resulted in deliberate indifference to any of Treadwell's serious medical needs. The County Defendants have separately moved for summary judgment, arguing primarily that, even if the court rejects CCS's motion, they should not be held liable for acts taken pursuant to CCS's policies. Finally, Treadwell himself has moved for partial summary judgment, arguing that the evidence shows that any reasonable jury would find that he was treated unconstitutionally. Treadwell and CCS have both offered expert opinions in support of their motions for summary judgment.

II. ANALYSIS

Summary judgment is appropriate "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." Fed. R. Civ. P. 56(a). In evaluating such a motion, the court's role is not to weigh the evidence and determine the truth of the matter, but to determine whether there is a genuine issue for trial. Preddie v. Bartholomew Consol. Sch. Corp., 799 F.3d 806, 818–19 (7th Cir.2015). "A genuine issue exists as to any material fact when the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Fidlar Techs . v. LPS Real Estate Data Solutions, Inc., 810 F.3d 1075, (7th Cir.2016) (quotation marks omitted). The court must draw all reasonable inferences in the light most favorable to the party opposing the motion. See id. at 812–13. "If a party moving for summary judgment has properly supported his motion, the burden shifts to the nonmoving party to come forward with specific facts showing that there is a genuine issue for trial." Cincinnati Life Ins. Co. v. Beyrer, 722 F.3d 939, 951 (7th Cir.2013) (emphasis and quotation marks omitted).

A. CCS's and Treadwell's Motions for Summary Judgment

Before addressing the parties' arguments as to the merits of the case, the court must first confront the parties' contentions over what standard controls the medical care due to Treadwell in the instant case. Treadwell argues that the objective unreasonableness standard derived from the Fourth Amendment applies to his case, as he argues that the evidence suggests he was merely an arrestee, rather than a pretrial detainee, at the time of his stay in McHenry County Jail. See Lopez v. City of Chi., 464 F.3d 711, 718–19 (7th Cir.2006). Defendants argue that the more-familiar-to-medical-claims deliberate indifference standard derived from the ...