The opinion of the court was delivered by: Harold A. Baker United States District Judge
This cause is before the court for consideration of the defendants' motions for summary judgment. [d/e 98, 100]
The plaintiff originally filed her complaint pursuant to 42 U.S.C. §1983 against 11 defendants at the Dwight Correctional Center including Defendants Former Chief Administrator Lynn Cahill-Masching, Assistant Warden Ted Conklin, Chief Administrator Alyssa Williams, Health Care Administrator Dorretta O'Brion, Dr. Louis Shicker, Dr. Toussaint, Officer Christina Johnson, Officer Heather Jordan, Officer Nena Amezcua-Eitemiller, Dr. Bonnie Nowakowsi and Dr. Nielson:. On September 21, 2004, the court conducted a merit review hearing. The court struck the plaintiff's complaint as a violation of Rule 8 of the Federal Rules of Civil Procedure. September 21, 2004 Court Order. However, after discussing the plaintiff's intended claims with her during the hearing, the court entered an order outlining the plaintiff's various claims against the defendants. Id.
On October 11, 2005, the court granted the defendants' motion for partial summary judgment. October 11, 2005 Court Order. The plaintiff now has the following surviving claims:
The defendants were deliberately indifferent to the plaintiff's serious medical condition in violation of the Eighth Amendment when they:
1) refused to allow a recommended hysterectomy;
2) failed to treat the plaintiff' diverticulitis; and,
3) did not allow prescribed medication for leg spasms.*fn1
The defendants have filed a motion for summary judgment on the remaining claims.
The plaintiff did not provide a response to the defendants statement of undisputed facts. Therefore, the following facts are taken from the defendants statement of undisputed facts and the plaintiff's response to the dispositive motions.
The plaintiff was incarcerated at the Dwight Correctional Center during the relevant time periods of her complaint. Dr. Louis Shicker has been the Medical Director at this institution since March of 2003.
Dr. Shicker says when he became medical director, he saw the plaintiff regarding her complaints of "lower abdominal pain and claims of non-remitting vaginal bleeding." (Def. Mot, Shicker Aff, p. 1) The doctor says the plaintiff was examined and her blood count was checked on more than one occasion. Each time, the results of the blood count were always in the normal range.
The plaintiff was also seen by an on-site gynecologist, Dr. Toussaint and was referred to an off-site gynecologist and the University of Illinois Medical Center in Chicago. (Herein UIC) Dr. Shicker says the plaintiff "was provided varying types of oral and parenteral (injection form) contraceptives in an attempt to regular her menses." (Def. Mot, Shicker Aff, p. 2). However, the plaintiff said none of the contraceptives alleviated her problems.
The plaintiff was then transferred to the infirmary for observation to document the extent of her problem. The medical staff determined that the plaintiff did not suffer from excessive bleeding and noted only "minor streaks of blood." Id. The plaintiff was then referred for an ultrasound which was performed on-site. The ultrasound revealed a normal uterus size and the absence of a ...