The opinion of the court was delivered by: SUZANNE CONLON, District Judge
MEMORANDUM OPINION AND ORDER
Kentes West ("West") sues Mark Hosey ("Hosey") and Robert Cattaneo
("Cattaneo") (collectively "defendants") under 42 U.S.C. § 1983.
Specifically, he claims Hosey failed to protect him from assaults by his
cellmate (Count I) and Cattaneo failed to provide him essential medical
treatment (Count II). West moves for summary judgment as to liability on
I. Local Rule 56.1 Statement of Facts
Local Rule 56.1 requires litigants to follow a detailed procedure in
filing and responding to summary judgment motions. Local Rule 56.1
requires both the moving and non-moving parties to submit a statement of
material facts, and to submit a response to the other's statement of
material facts. Local Rule 56.1(a)(3); Local Rule 56.1(b)(3)(B). The
court, in its discretion, may deem facts admitted to the extent a party
fails to support its responses with "specific references to the
affidavits, parts of the record, and other supporting materials relied
upon," Adams v. Cigna Group Ins. Life Accident Disability Co.,
No. 02 C 3044, 2004 WL 161483 at *1, fn.1 (N.D. Ill. Jan. 22, 2004).
Defendants' responses to West's Rule 56.1(a)(3) statement of material
facts contain a vast number of improper assertions of a "lack knowledge
or information sufficient to form a belief as to the truth of the
averments." McGuire v. United Parcel Serv., 152 F.3d 673, 675
(7th Cir. 1998) (response claiming insufficient information to "admit or
deny" improper and constitutes an admission). Accordingly, the following
paragraphs are treated as admissions: ¶¶ 6-11, 14-18, 26-30, 36-37,
40, 55-56, 71, 76. In addition, defendants' responses are often supported
only by citation to defendants' answer to the complaint. Washington
v. MacNeal Hosp., No 97 C 6145, 2000 WL 1273452 at *1 (N.D.TU. Sept.
6, 2000) (responses predicated on defendant's answer to amended complaint
improper and treated as admissions). On that basis, the following
paragraphs are deemed admissions; ¶¶ 44-48, 51, 57-60. Moreover, ¶¶
19-25 are deemed admissions because they are based on the Counselor's
Response to Committed Person's Grievance Report, which is unauthenticated
and inadmissible hearsay. Woods v. City of Chicago, 234 F.3d 979,
988 (7th Cir. 2000) (evidence submitted at summary judgment must be
admissible at trial under the Federal Rules of Evidence), Finally, the
court notes that defendants' responses to ¶¶ 32, 39, 43, 49-50, 53,
70, 72-74 and 79 are either qualified admissions or denials lacking
citation to supporting affidavit or document. Nevertheless, these
paragraphs will not be treated as admitted because defendants' Local
Rule 56.1(b)(3)(B) statement of additional facts and the supporting materials
cited in defendants' responses to ¶¶ 31, 34-35, 38-39 and 42 provide
sufficient support for these responses. Adams, 2004 WL 161483 at
*1, fn.1 (court may use discretion in deciding whether to admit responses
that lack citation to "specific references to the affidavits, parts of
the record, and other supporting materials relied upon"); Lambersty
v. Petritts, No. 01 C 3544, 2002 WL 1285883 (N.D.Ill. June 11, 2002)
(court may use discretion in deciding whether to deem admitted
response that is the functional equivalent of a denial).
West's responses to defendants' 56.1(b)(3)(B) statement of additional
facts challenge the admissibility of defendants' supporting materials. As
discussed above, the Counselor's Response to Committed Person's Grievance
Report is unauthenticated and inadmissible hearsay. Woods, 234
F.3d at 988. Accordingly, the court disregards ¶¶ 4-5. However,
defendants' objection to ¶¶ 1-3 is rejected. The parties have
stipulated that the Medical Progress Notes of July 17, 2001 are authentic
and admissible under the Federal Rule of Evidence 803(6) exception to the
hearsay rule. Rule 803(3) and (4) allow for the admissibility of
statements in the Medical Progress Notes regarding then-existing physical
conditions and/or medical diagnosis or treatment. Nevertheless, the court
will not treat ¶ 3 as admitted because West claims he received no
Tylenol in ¶¶ 53 and 60 of his Rule 56.1(a)(3) statement of facts.
Adams, 2004 WL 161483 at * 1 fn.1.
All facts are undisputed unless otherwise noted. In 2001, West was an
inmate at Stateville Correctional Center. Pl. Facts al ¶ 5. At that
time, Hosey was responsible for cell assignments and transfers in his
capacity as the facility's Housing Unit Superintendent, and Cattaneo was
a medical technician for West's prison wing, Id. at ¶¶ 12,
On July 8, 2001, West argued with his cellmate Spraggins over personal
property he believed was missing. Id., at ¶ 6. They fought.
Id. The next day West told prison guards Sandridge and Calmes of
the fight. Id. at ¶¶ 7-9. West told Calmes he wanted to be
moved to another cell for his safety, Id. at ¶ 10. Later
that day, Calmes told West that Hosey had dented the request.
Id. at ¶ 15. Spraggins then submitted a letter to Hosey
through Calmes requesting that one of them be moved
to another cell. Id. at ¶ 17. On July 10, West and
Spraggins approached Hosey to inquire about the letter and whether one of
them would be transferred to another cell. Id. at ¶¶ 18-21.
Hosey responded he would not move either of them, Id. at ¶
22. Over the next few days, West continued to ask to be moved or
otherwise separated from Spraggins, Id. at ¶ 25.
On July 16, at approximately 1:00 a.m., Spraggins attacked West.
Id. at ¶ 26. In defending himself, West hit his hand against
the wall. Id. at ¶ 28. This caused pain in West's hand,
which became extremely swollen and turned colors. Id. at ¶¶
29-30. He could not bend his hand. Id. at ¶ 29. According to
West, he saw Cattanco. that morning and showed him the injury.
Id. at ¶¶ 31-32. Cattanco. purportedly refused to treat the
injury because West could not immediately produce his identification
card, Id. at ¶¶ 33-35. West claims that Cattaneo told him to
"catch" him the next day, Id. at ¶ 34. The pain worsened and
prevented West from sleeping more than ten to fifteen minutes at a time.
Id. at ¶¶ 36-37.
On July 17, Cattaneo examined West's hand, Id. at ¶ 41.
According to West, the examination caused extreme pain. Id. at
¶ 43. West was purportedly unable to move his fingers or make a fist
upon request. Id. at ¶ 42. Cattaneo refused West's requests
for an x-ray and a doctor, Id. at ¶ 46-49. Instead, Cattanco
told West that he did not need an x-ray, that he only had "some torn
tissues" and to "stop bullsh*tting." Id. at ¶¶ 44, 51.
According to West, Cattaneo promised but failed to provide Tylenol that
day. Id. at ¶¶ 51, 53. The pain became unbearable and
extreme, and West remained unable to sleep for more than ten to fifteen
minutes at a time. Id. at ¶¶ 55-56. On July 18, West did not
receive any Tylenol, Id. at ¶ 60. Defendants readily admit
that Cattaneo examined West's hand injury on July 17. Def. Facts at ¶
1. However, they maintain the examination
merely revealed West injured his hand playing basketball, had
slight pain, and was given Tylenol. Def. Facts at ¶¶ 2-3; Def. Resp.
at ¶ 43.
On July 19, West was attacked again by Spraggins and two other inmates.
PL Facts at ¶ 61. Prison guards intervened, placing all four inmates
in the segregation unit. Id. at ¶¶ 62-64. While in
segregation, West was examined by a medical technician, Id. at
¶ 65. West's hand was later x-rayed and determined to be broken.
Id. at ¶¶ 66-68. Surgery was performed on July 26.
Id. at ¶¶ 69-70. West claims "on information and ...