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Black v. Maurer

August 13, 2007

ANTWAIN BLACK, PLAINTIFF,
v.
DR. JOSEPH MAURER AND KENDRA FABISH, DEFENDANTS.



The opinion of the court was delivered by: Harold A. Baker United States District Judge

Order Granting Summary Judgment

Plaintiff claims that Defendants were deliberately indifferent to his serious medical needs during his incarceration in Sangamon County Jail in 2003-2004. The case is before the court on Defendants' motion for summary judgment, which is granted for the reasons below.

Summary Judgment Standard

A party moving for summary judgment must show, from the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, . . ." that there is no genuine issue of material fact and that the "moving party is entitled to judgment as a matter of law. Outlaw v. Newkirk, 259 F.3d 833, 837 (7th Cir. 2001), citing Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986);Fed. R. Civ. P.56(c). This burden can be satisfied by "'showing'--that is, pointing out to the district court--that there is an absence of evidence to support the nonmoving party's case." Celotex, 477 U.S. at 325. If such a showing is made, the burden shifts to the non-movant to "set forth specific facts showing that there is a genuine issue for trial." Fed. R. Civ. P. 56(e); Outlaw, 259 F.3d at 837. A nonmoving party cannot rest on its pleadings, but must demonstrate that there is admissible evidence that will support its position. Tolle v. Carroll Touch, Inc., 23 F.3d 174, 178 (7th Cir. 1994). 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).

Undisputed Facts

Plaintiff asserts that he "sent affidavits as well as depositions and medical records . . . to the Defendants and the Court to be filed, but was sent back to the Plaintiff to be settled between he and the Defendants." (d/e 38 p.2). Plaintiff asserts that it is unfair to consider Defendants' evidence when he tried to file evidence but it was returned unfiled. He has since filed two letters (without certificates of service) informing the court that he is on furlough to another jail regarding his criminal case, and asking for more time to respond to the summary judgment (d/e's 41, 42).

There is nothing in the record about a refused attempt by Plaintiff to file affidavits, depositions and medical records to support of his claim. Plaintiff may have been referring to discovery conducted between the parties which is not to be filed with clerk under Local Rule 26.3, except in support of motions or responses thereto. Plaintiff may be referring to his "Statement of Case" (d/e 9), which was filed and which contains 33 page of exhibits, including medical records. The court has considered document 9 and its exhibits in regards to summary judgment. Plaintiff's affidavit, medical records and deposition is already in the record. Plaintiff does not explain what further evidence he has. As to Plaintiff's request for an extension, Plaintiff has had ample time to respond to the summary judgment motion, which was filed last January. Additionally, Plaintiff does not explain how an extension would help his case--the court already has the relevant medical records and Plaintiff's side of the story. Accordingly, the court finds the following facts undisputed.*fn1

1. The precise date of Plaintiff's incarceration in the Sangamon County Jail is not established, but the medical records from the jail show that he was seen by Dr. Maurer on March 26, 2003.

2. A history was taken and Plaintiff was examined on March 26, 2003. The Plaintiff had suffered a gunshot wound to his left leg, and he received treatment for this injury. The records do not reflect any complaints by Plaintiff about his feet. (Sangamon County Jail Records, Exhibit A, pages 1 and 2.)

3. On April 1, 2003, there was a medical screening of the Plaintiff in the jail. The records do not reflect any complaints by Plaintiff about his feet. The records show that Plaintiff was 5' 5" tall and weighed 253.5 pounds. (Sangamon County Jail Records, Exhibit A, page 3)

4. On April 13, 2003, Plaintiff filled out a form that he would like to see a doctor. The staff response was to place him on the doctor's sick call for April 16, 2003. (Sangamon County Jail Records, Exhibit A, page 5).

5. On April 16, 2003 the Plaintiff was seen by Dr. Maurer. The records reflect Plaintiff voiced several different complaints, among them was a complaint that his feet swelled and that his feet were killing him. He was prescribed Ibuprofen 400 to be taken as needed. (Sangamon County Jail Records, Exhibit A, pages 6 and 7; Affidavit of Dr. Maurer, Exhibit C).

6. On June 11, 2003, the Plaintiff filled out a form that he needed pain pills as his feet were swollen again. In response, Plaintiff received Ibuprofen.

7. On June 16, 2003, the Plaintiff filled out a form stating that he had feet problems and would like permission to have on his shoes with support brought in. He was placed on Dr. Maurer's list for the following ...


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