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Kijel Grant v. Amrutlal Patel

September 12, 2011

KIJEL GRANT, PLAINTIFF,
v.
AMRUTLAL PATEL, KENLYNN GROTE, ROBERT CATTANEO, DR. PARTHA GHOSH, TERRY MCCANN, AND OLIVER HENDERSON, DEFENDANTS.*FN1



The opinion of the court was delivered by: James F. Holderman, Chief Judge:

MEMORANDUM OPINION AND ORDER

Plaintiff Kijel Grant ("Grant") has filed a one-count complaint against defendants Amrutlal Patel ("Patel"), Kenlynn Grote ('Grote"), Robert Cattaneo ("Cattaneo"), Partha Ghosh ("Dr. Ghosh"), Terry McCann ("Warden McCann"), and Oliver Henderson ("Henderson"), alleging that these defendants were deliberately indifferent to Grant's serious medical needs with respect to a severely herniated disc in Grant's lower back, lower abdominal pain, and urinary pain during Grant's incarceration at the Stateville Correctional Center in Joliet, Illinois ("Stateville"), in violation of Grant's constitutional rights and 42 U.S.C. § 1983. Pending before the court are motions for summary judgment filed by Dr. Ghosh (Dkt. No. 118) and by Patel, Cattaneo, Grote, Henderson, and Warden McCann (collectively "State Defendants") (Dkt. No. 121). For the reasons set forth below, State Defendants' motion is granted in part and denied in part, and Dr. Ghosh's motion is granted. Judgment is entered in favor of State Defendants on all claims against Patel, Grote, Henderson, and Warden McCann, and in favor of Dr. Ghosh. Grant's deliberate indifference claim against Cattaneo for failure to refer Grant for medical treatment regarding his urinary infection and abdominal pain remains pending.

BACKGROUND

Grant was at all relevant times incarcerated at Stateville, where his constitutional violations are alleged to have occurred. At the time of the alleged violations, all defendants were employed at Stateville. Both Patel and Cattaneo were employed as Correctional Medical Technicians ("CMTs"), Grote was employed as a Nurse, and Henderson was employed as a Correctional Officer. Dr. Ghosh was the Medical Director at Stateville. Warden McCann served as Warden.

1. Grant's Interactions with Cattaneo Between 2005 and 2008, it was the policy at Stateville for an inmate to first inform a

CMT of any medical complaint. If the CMT was unable to resolve the problem, the second level of the "sick call" process-"MD Sick Call"-would be implemented. Cattaneo was a regular CMT for Grant's cell house in 2005 and 2006, where he made rounds once a day or every other day.

Grant alleges that, in 2006, he sought medical attention for his back from Cattaneo on numerous occasions. At his deposition, Grant testified that, in response, Cattaneo "used vulgar language, was rude, [and ] ignored [Grant]." (Dkt. No. 128 ("State Defs.' SMF") ¶ 21.) Cattaneo told Grant that "he heard about [Grant] already and that if [Grant] was not dying then don't bother him anymore." (Id. ¶ 23.) On another occasion, Cattaneo told Grant that, if he stopped Cattaneo "to talk about his back one more time[,] [Cattaneo] was going to write [Grant] a disciplinary ticket" and that Grant "was just whining for nothing." (Id. ¶ 24.) According to Grant, Cattaneo referred to Henderson "as being the main reason that [Cattaneo] wouldn't talk to [Grant]." (Id. ¶ 21.)

J.B. Boston ("Boston"), Grant's cell-mate in the later part of 2006, stated under oath that Grant often slept on the floor of their cell to ease his back pain, and that he witnessed Cattaneo's refusal of Grant's request to talk to Dr. Ghosh for purposes of receiving a "low-bunk(bed) medical permit." (Dkt. No. 131 at 16-19 ("Grant's Add'l Facts") ¶ 11; see also Grant's Ex. K ¶¶ 16, 18.)

According to Grant's deposition testimony, for most of 2007, Cattaneo again displayed hostility during his encounters with Grant. Specifically, in November 2007, Grant requested medical attention for his abdominal pain and urinary pain from Cattaneo, who responded "you again, ain't nothing wrong with you, you big baby." (State Defs.' SMF ¶ 26.)

2. Grant's Interactions with Henderson Grant alleges that, in the later months of 2005 and 2006, he also sought medical attention from Henderson. At his deposition, Grant testified that, on two occasions in August 2005 and September 2005, Henderson told Grant "he hope[d] [Grant's] back became worse and that [Grant] get[s] paralyzed." (Id. ¶ 40.) Also in September 2005, Henderson told Grant "you are a grown man crying like a bitch." (Id.)

According to Larry Hollings ("Hollings"), Grant's cell-mate from June 2005 through April 2006, Henderson "constantly ignored" Grant's attempts to get Henderson's attention, told Grant that he would not receive medical attention, and used derogatory language toward Grant. (Grant's Add'l Facts ¶¶ 1-3; see also Grant's Ex. M ¶¶ 7-10.) Hollings also stated under oath that he heard Henderson threaten Grant with retaliation if Grant reported Henderson's lack of assistance.

Donald McDonald ("McDonald"), an inmate located in the cell next to Grant's in the later half of 2005, likewise stated under oath that he witnessed Henderson using derogatory language toward Grant in response to Grant's requests for medical attention. Similarly, Grant's later cell-mate, Boston, stated under oath that, in November 2006, he witnessed Henderson's refusal of medical treatment to Grant for his back pain and abdominal pain. Boston further stated that Grant often slept on the floor of their cell to ease his back pain, and that, while in Boston's presence, Henderson refused Grant's request for a transfer to a cell with a lower bunk bed while.

3. Grant's Interactions with Patel

Grant alleges that, on May 26, 2006, while outside in the "yard" area, Grant requested medical attention for his back because he could not stand straight-up after having bent down. At his deposition, Grant testified that Patel responded by asking Grant, "What's the problem?," asking Grant his age, and asking whether Grant thought he could walk to the infirmary. (State Defs.' SMF ¶ 58.) According to the Correctional Counselor's official response to Grant's June 6, 2006 grievance, "Lieutenant Goodwin stated that he witnessed Medical Technician Patel asking inmate how old he was. Then telling inmate he was to [sic] young to ride in wheelchair."

(Grant's Add'l Facts ¶ 26.)*fn2 Ultimately, Grant had to walk to the infirmary for treatment without the aid of a wheelchair. At the infirmary, Grant was examined by Dr. Tilden, who then referred Grant to Dr. Ghosh for further treatment.

According to Grant's deposition testimony, Grant later encountered Patel on three separate occasions in 2006 and 2007. Patel was hostile, rude, and vulgar in response to Grant's requests for further medical attention.

4. Grant's Interactions with Grote

Grant alleges that, from December 2007 through July 2008, Grote made rounds in Grant's cell house. At his deposition, Grant testified that he sought medical attention from Grote on various occasions during this time period, and that Grote's responses were rude, negative, and vulgar.

Antwauo Cubie ("Cubie"), Grant's cell-mate in late 2007 and early 2008, stated under oath that he witnessed three separate occasions on which Grote refused Grant's requests for medical assistance for his back pain and abdominal pain. In January 2008, Grote told Grant that she did not have time for his petty problem and ignored Grant's request for medical care. A few days later, Grote again refused to provide medical assistance to Grant in response to his request for care. In February 2008, after Grant informed Grote that he was having trouble sleeping and ...


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