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Bartholomew Bishop v. Thomas Dart

October 3, 2012

BARTHOLOMEW BISHOP, PLAINTIFF,
v.
THOMAS DART, IN HIS OFFICIAL CAPACITY, COOK COUNTY, A MUNICIPALITY, AND DR. JONATHAN HOWARD, IN HIS INDIVIDUAL CAPACITY, DEFENDANTS.



The opinion of the court was delivered by: Judge Feinerman

MEMORANDUM OPINION AND ORDER

In this 42 U.S.C. § 1983 action, Bartholomew Bishop asserts a due process claim against Dr. Jonathan Howard, an equal protection claim against Cook County, and due process and equal protection claims against Cook County Sheriff Thomas Dart in his official capacity. Defendants have moved for summary judgment under Federal Rule of Civil Procedure 56(a). Docs. 72, 76. The motion is denied as to Dr. Howard and granted as to Sheriff Dart and Cook County.

Background

Bishop at all relevant times was a pretrial detainee at the Cook County Department of Corrections ("CCDOC"), known colloquially as Cook County Jail. Doc. 83 at ¶ 2. Cook County Jail is operated by the Cook County Sheriff's Department, which is an entity separate from Cook County. See DeGenova v. Sheriff of DuPage Cnty., 209 F.3d 973, 976 (7th Cir. 2000) ("Illinois sheriffs have final policymaking authority over jail operations."); id. at 976 n.2 (recognizing that "the Sheriff is an independently-elected constitutional officer" and that "the Sheriff's office has a legal existence separate from the county"). Dart is the Sheriff of Cook County. Doc. 83 at ¶ 3.

Cook County operates Cermak Health Services, an entity that while separate from Cook County Jail provides medical care to its detainees. Doc. 85 at ¶ 3; see Everett v. Cook Cnty., 655 F.3d 723, 725 (7th Cir. 2011); Boyce v. Moore, 314 F.3d 884, 887 n.1 (7th Cir. 2002) ("Cermak is a separate entity from CCDOC and an extension of Cook County Hospital."). Dr. Howard was a correctional psychiatrist who worked at Cermak. Doc. 85 at ¶ 4. The following facts are stated as favorably to Bishop as the record and Local Rule 56.1 permit.

A. Bishop's Medical Treatment

During intake processing at the Jail on October 18, 2009, Bishop informed the examining physician that he suffered from manic depression and had recently attempted to commit suicide. Doc. 85 at ¶ 12. On November 4, 2009, Bishop suffered a seizure and was taken to the emergency room at Cermak Health Services, where he told the treating physician that he was suicidal. Id. at ¶ 14. The emergency room physician referred Bishop to two psychiatrists, who placed him on suicide watch. Ibid.

On November 5, 2009, Bishop was taken to see Dr. Bharathi Marri; Bishop told Dr. Marri that he felt like killing himself and that he had a plan to do so. Doc. 89 at ¶ 31. Dr. Marri diagnosed Bishop as having Major Depression, prescribed Zoloft and Doxepin, and prescribed as well a paper gown and wool blanket to ensure that Bishop did not try to kill himself. Ibid. Due to Bishop's suicidal ideation, Dr. Marri recommended that he be transferred to 2 North, a part of the Jail where he could receive close observation and acute psychiatric care. Id. at ¶ 32. On November 6, Dr. Luckose Luke diagnosed Bishop as having Major Depression recurrent. Id. at ¶ 33. On November 9, however, Dr. Luke ruled out Major Depression and diagnosed Bishop with Depressive disorder, not otherwise specified. Doc. 87 at ¶ 61. On at least four occasions between November 10, 2009 and October 12, 2010, Dr. Luke diagnosed Bishop as having Depressive disorder and prescribed Doxepin and Zoloft. Ibid.

Dr. Howard first saw Bishop on October 12, 2010. Id. at ¶ 62. Bishop told Dr. Howard that he was depressed, and Dr. Howard was aware that Bishop had been prescribed Zoloft and Doxepin. Ibid. Dr. Howard suspected that Bishop was fabricating his report of experiencing auditory hallucinations; to determine whether Bishop was malingering or was suffering from Bipolar II, Dr. Howard kept Bishop on the same medications and added Lithium Carbonate. Doc. 85 at ¶ 43. Dr. Howard noted that Bishop had been charged with first-degree murder, and considered this fact in evaluating whether Bishop was malingering. Doc. 87 at ¶ 64. When Dr. Howard saw Bishop again on November 23, 2010, Bishop reported that he was suffering from hallucinations and multiple personality disorder. Doc. 85 at ¶ 45. At that point, Dr. Howard concluded that Bishop was faking his psychosis and ordered that his psychiatric medications be discontinued. Id. at ¶ 48. Dr. Howard's diagnosis was consistent with the conclusions of two other psychiatrists, Dr. Christofer J. Cooper and Dr. Jonathon Kelly, who earlier had come to believe that Bishop was malingering. Id. at ¶¶ 29, 34.

After Dr. Howard discontinued his medication, Bishop became anti-social, had constant suicidal tendencies, was unable to sleep for any regular period of time, and attempted to commit suicide by cutting his wrist with a shaving razor. Id. at ¶¶ 50-51. On December 3, 2010, Bishop was taken to see Dr. Jenea McNeal, a psychiatrist; Bishop told Dr. McNeal that he had been doing well while on the medication and that he could not sleep and felt depressed since Dr. Howard discontinued his medication. Id. at ¶ 53. Dr. McNeal diagnosed Bishop with Bipolar disorder and placed him back on his medications. Id. at ¶ 56.

B. Bishop's Housing at Cook County Jail

Bishop initially was housed in Division I of the Jail. Id. at ¶ 58. Following his seizure on November 4, 2009, he was moved to tier 3C of Division X. Ibid. After a term of segregation in January 2010, Bishop spent two days in Division IX before being moved to tier 4C in Division X ("Fourth Floor"), where he has remained through his confinement. Ibid.

Detainees placed on the Fourth Floor are those deemed by medical personnel to require outpatient psychiatric care, while detainees placed on the second floor of Division X ("Second Floor") require an intermediate level of care. Id. at ¶ 17 (first ¶ 17). Bishop's treating psychiatrists agree that he was properly placed in outpatient care on the Fourth Floor and that he did not need the more intense psychiatric care offered on the Second Floor. Id. at ¶ 17 (second ¶ 17). Detainees on the Fourth Floor "generally" are not entitled to certain services, including group and expressive therapy, that are available on the Second Floor. Doc. 87 at ¶ 59. On December 15, 2010 and January 13, 2011, Bishop was provided group therapy by an expressive therapist. Id. at ¶ 66. On November 25, 2010, Bishop filed a grievance requesting that he receive the treatment available on the Second Floor. Id. at ¶ 65.

When a Cermak physician determines the level of care a detainee requires, Sheriff's Department employees receive a prescription identifying that level of care. Doc. 83 at ΒΆ 9. If a detainee's level of care is changed, Sheriff's Department employees are notified that the inmate should be moved to a housing unit corresponding to the new level of care. Ibid. The Sheriff's Department must house an inmate in a living unit allocated for the level of care prescribed by Cermak. Ibid. If an inmate requests a move to a living unit providing a different level of care, the Sheriff's Department can satisfy the request ...


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