Williams v. Cearlock

• Decision Date: 10 February 1998
• Docket Number: No. 96-3003.,96-3003.
• Citation: 993 F.Supp. 1192
• Parties: Willie WILLIAMS, Plaintiff, v. John CEARLOCK, et al., Defendants.
• Court: U.S. District Court — Central District of Illinois

993 F.Supp. 1192

Willie WILLIAMS, Plaintiff, v. John CEARLOCK, et al., Defendants.

No. 96-3003.

United States District Court, C.D. Illinois, Springfield Division.

February 10, 1998.

Willie Troy Williams, Sheridan, IL, pro se.

Brian J. Dees, Springfield, IL, Elizabeth Miller, Pittsfield, IL, for Defendants.

OPINION

RICHARD MILLS, District Judge.

Willie Williams — a state prisoner — has brought this civil rights action pursuant to 42 U.S.C. § 1983.

He claims that the defendants — correctional officials and health care providers at the Graham Correctional Center — violated the plaintiff's constitutional rights by acting with deliberate indifference to his medical needs.

More specifically, he alleges that "systematic deficiencies" in the prison's medical procedures frequently resulted in his going without his prescribed medication; that nurses sometimes dispensed medication at the wrong hour, thereby jeopardizing his health and comfort; and that one nurse refused to take the plaintiff his medicine when she learned that he had been transferred to another unit.

The defendants' motions for summary judgment are allowed.

STANDARD

Summary judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Herman v. National Broadcasting Co., Inc., 744 F.2d 604, 607 (7th Cir.1984), cert. denied, 470 U.S. 1028, 105 S.Ct. 1393, 84 L.Ed.2d 782 (1985). In determining whether factual issues exist, the court must view all the evidence in the light most favorable to the non-moving party. Beraha v. Baxter Health Corp., 956 F.2d 1436, 1440 (7th Cir.1992).

However, Rule 56(c) "mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex, 477 U.S. at 322. "Where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party there is no `genuine' issue for trial." Mechnig, v. Sears, Roebuck & Co., 864 F.2d 1359 (7th Cir.1988). A "metaphysical doubt" will not suffice. Matsushita Elec. Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Disputed facts are material only if they might affect the outcome of the suit. First Ind. Bank v. Baker, 957 F.2d 506, 507-08 (7th Cir.1992).

FACTS

The plaintiff is a state prisoner, confined at the Graham Correctional Center at all times relevant to this action. [The plaintiff is currently incarcerated at the Sheridan Correctional Center.] The defendants Kenneth Dobucki and Bradley Sassatelli are, respectively, the prison's warden and assistant warden. The defendant John Cearlock is the health care unit administrator at Graham. The defendants Patti White and Susan Schroll (now Linden) are staff nurses, or were so at the time of the events giving rise to this lawsuit.

The following facts are undisputed for purposes of this motion: The plaintiff suffers from chronic hypertension (high blood pressure). The plaintiff must take medication such as Calan SR, Zestril, and Lotensin; furthermore, his blood pressure must be monitored regularly.

The plaintiff has also been diagnosed with psychosis NOS [presumably, "not otherwise specified" as a particular type of mental illness] and depression, for which he has taken (at various times) Sinequan, Vistaril and Atrex. In addition, the plaintiff received ongoing care from a psychiatrist and psychologist while confined at the Graham Correctional Center.

On occasion, the plaintiff refused both his psychiatric medication and his blood pressure medication.

In "rare instances" the plaintiff did not receive his prescribed medication. Reasons included oversight or miscommunication, a prescription not being renewed, or the pharmacy awaiting delivery of medication not in stock. A physician orders medication for a specific length of time. When a medication order expires, it must be re-ordered by a doctor, as only licensed physicians can prescribe medication.

On each occasion when the plaintiff called an omission to the health care staff, the reason for the lapse was explained to him. If the problem stemmed from a failure on the part of the prison health care staff, efforts were made to ensure that the problem not recur. See Affidavit of John Cearlock, Health Care Unit Administrator. On other occasions, the plaintiff failed to alert anyone that he had not received his medication.

According to Dr. Vipin Shah, who was one of the plaintiff's treating physicians at Graham, "Missing a couple of days of [psychotropic] medication will not cause any serious problem in the management of [the plaintiff's psychological] conditions. From psychiatric notes in the medical chart, it appears that the plaintiff was stable throughout the period covered by the amended complaint."

Likewise, while chronic high blood pressure can pose serious risks, the condition is "easily managed" through medication and diet. Shah affidavit. Because high blood pressure treatment is "long-term therapy," occasionally missing medication by the dose, or even for an entire day, would not normally cause distress to the patient. See Shah, Cearlock affidavits. Blood pressure can become elevated due to nervousness, anxiety, or eating too much salty food. At no time did the plaintiff have such elevated blood pressure as to call his health or safety into question. Id.

When the plaintiff was in segregation, his morning medications were delivered by nurses around 4:30 a.m., with breakfast, rather than at 8:00 a.m. (when pill bottles evidently indicated the medication should be taken). Shah states in his affidavit that the medications the plaintiff takes "should be given with food and, for that reason, it was very appropriate to give the medicine with breakfast as early as 4:30 a.m., rather than waiting until 8:00 a.m.... [T]here is no danger or problem whatsoever delivering morning medicines with breakfast prior to 8:00 a.m." See also White affidavit. Furthermore, since the blood pressure medication was taken once a day, it did not matter what time of day it was taken. Id.

In September of 1994, the plaintiff was counseled about the importance of taking his medication. The plaintiff was put on "unit doses" to ensure his compliance. The plaintiff reported no complaints about his blood pressure in September, October, November or December of 1994, nor in January, February, or March of 1995.

On October 29, 1995, the plaintiff told officials that he had collapsed in his cell. The nurse who examined the plaintiff observed no sign of injury other than minor nose bleeding. The bleeding was stopped with "first aid management" (simply applying pressure to the lower septum). The plaintiff's blood pressure at the time, 160 over 100, was "borderline high," but not serious. By that evening, the plaintiff's blood pressure had improved. The plaintiff had been receiving his blood pressure medication as scheduled prior to the episode.

A hypertension exam scheduled for November 8, 1995, was postponed until November 11, 1995, due to a large number of inmates needing attention.

The physician who was scheduled to conduct the hypertension clinic on November 11, 1995, was in an automobile accident and was therefore unable to get to the prison. As a result, the plaintiff's prescription for blood pressure medication expired on that date.

On the mornings of November 12 and 13, 1995, the plaintiff did not receive his blood pressure medication because the orders had expired. The health care staff advised the plaintiff about the doctor's accident. The plaintiff reported no problems when a nurse saw him on "sick call" on November 12, 1995.

A physician examined the plaintiff and renewed his medication on November 13, 1995.

The same day, the plaintiff told a nurse that he had "blacked out" and hit his head on a table. The nurse's examination revealed no abrasions, contusions, or ecchymosis (discoloration) where the plaintiff claimed to have hit his head. The nurse noted no acute distress. The plaintiff's gait was steady. His blood pressure was just "a little high."

A physician examined the plaintiff the next day. The doctor's examination revealed no significant injury. The doctor noted that the plaintiff was "alert and coherent," and that there was no swelling or nodule at his temple. The plaintiff's blood pressure was "O.K." The doctor concluded that the plaintiff was exaggerating his complaints.

Thenceforth, the plaintiff continued to complain of headaches, but "no objective findings" substantiated a head injury. See affidavit of Patti White. A skull x-ray on November 27, 1995, was negative.

On December 8, 1995, the plaintiff claimed to have again fallen in his cell. An examination revealed a small contusion to the plaintiff's left eyebrow and a nose bleed, neither of which was "significant." The plaintiff was counseled about orthostatic hypotension and instructed to rise slowly. The plaintiff had received his blood pressure medication as scheduled prior to the episode.

Blood pressure readings during the time period of each injury were "borderline," according to Dr. Vipin Shah, and would not likely have caused the plaintiff to black out. Shah further suggests that the plaintiff may have "manipulated" his blood pressure. The plaintiff was seen by nurses at "sick call," by doctors, and by his psychiatrist during the entire relevant time period and voiced no complaints about not receiving his medication.

On December 20, 1995, the defendant Schroll was assigned to dispense medication in the...