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Robert Martin Schaub v. Mark R. Doran and Stacie Bruens

October 12, 2012

ROBERT MARTIN SCHAUB, PLAINTIFF,
v.
MARK R. DORAN AND STACIE BRUENS, DEFENDANTS.



The opinion of the court was delivered by: Michael P. McCUSKEY U.S. District Judge

E-FILED Friday, 12 October, 2012 10:51:08 AM Clerk, U.S. District Court, ILCD

OPINION

This case is before the court for ruling on the Motion for Summary Judgment (#59) filed by Defendants, Mark R. Doran and Stacie Bruens. This court has carefully reviewed the arguments of the parties and the documents filed by the parties. Following this careful and thorough review, Defendants' Motion for Summary Judgment (#59) is GRANTED.

FACTS*fn1

Plaintiff, Robert Martin Schaub, was held at the Ford County jail for a period of time beginning on June 15, 2007.*fn2 During the time that Plaintiff was held at the Ford County jail, Defendant Stacie Bruens was the Lieutenant Jail Administrator and Defendant Mark Doran was the acting Sheriff of Ford County.

At the time Plaintiff entered the Ford County jail, he stated that he was taking four medications for his eye and two medications for his back but did not have them with him. Plaintiff's fiancee brought Plaintiff his eye drop medication to treat the condition in his right eye.*fn3 Plaintiff maintained possession of those eye drops and was able to administer them on an as-needed basis. Plaintiff had seen Dr. Panagakis at Carle Clinic in May and June 2007 for a condition in his right eye and had a follow up appointment scheduled for July 5, 2007. There is no evidence that Plaintiff informed Defendants that he had an appointment scheduled on July 5, 2007. Plaintiff has admitted that he had not had a problem with his right eye from the time he entered the Ford County jail up to December 16, 2007, and his eye condition "may have been in remission from June 15, 2007 to December 16, 2007."*fn4

On December 16, 2007, Plaintiff was attacked by another inmate and received cuts near his right eye. As a result, Ford County personnel immediately called an ambulance for him so that he could be evaluated and treated, if necessary. An ambulance arrived at the Ford County jail and began to take Plaintiff to the emergency room. The weather on December 16, 2007, was particularly bad. It was both extremely cold and a large amount of snow had fallen and was falling. The winds were also extremely strong and, therefore, blew the snow causing many drifts. Travel on the roads was challenging, at best. While en route to the hospital with Plaintiff, the ambulance got stuck in a snow drift and was unable to move. The Ford County Sheriff's office sent a road deputy in a separate vehicle to meet the paramedics at the site where the ambulance was stuck for the purpose of picking Plaintiff up and returning him safely to the Ford County jail. Plaintiff was placed back into custody. According to Plaintiff, he did not receive any treatment for the cuts around his right eye even though the paramedics in the ambulance told him he needed stitches. The records from the ambulance, which were provided by Plaintiff, state that Plaintiff's "bleeding was controlled."

On December 18, 2007, Plaintiff saw the medical care providers at the Ford County jail. The registered nurse informed Bruens that Plaintiff's right eye cuts were healing and no additional treatment was necessary. On January 11, 2008, Plaintiff saw the medical care provider again. They discussed the eye drops Plaintiff was still using. The medical care provider contacted Dr. Panagakis, who Plaintiff said had treated his pre-existing, chronic condition affecting his right eye. At that time, Plaintiff still had the eye drop medications in his cell.

On January 30, 2008, Plaintiff submitted a complaint about his eye medication. On February 4, 2008, Plaintiff submitted a complaint/request form. Plaintiff stated that he was having the same symptoms as the last time he lost his sight and wanted medical treatment.

The registered nurse was scheduled to be at the Ford County jail within the next day or two and Plaintiff was already on the list to see her. On February 6, 2008, Plaintiff submitted a complaint/request form about his eye problem. Plaintiff said that the form was written by another inmate because he could not see to write. Bruens was informed that Plaintiff was specifically complaining about blurry vision similar to symptoms he experienced when he was originally diagnosed with iritis and glaucoma in his right eye prior to his incarceration. At that time, the nurse informed Bruens that Dr. Panagakis wanted to have Plaintiff come see him for a visit. There was concern that Plaintiff had not been using the eye drops regularly based on the fact that he had not run out of them since June 2007.

The nurse contacted Dr. Panagakis's office at Carle Clinic and an appointment was scheduled for February 8, 2008. Arrangements were made to transport Plaintiff to Carle Clinic for treatment with Dr. Panagakis's office to evaluate and treat symptoms associated with his right eye. On February 8, 2008, Plaintiff saw Dr. Lowrey, Dr. Panagakis's colleague, also an eye specialist, about his right eye symptoms. Dr. Lowrey recommended that Plaintiff be transported to see a different specialist at the University of Illinois Medical Center in Chicago. Arrangements were immediately made for the officer that was with Plaintiff at Carle Clinic in Urbana to transport Plaintiff to Chicago to meet with the eye specialist recommended by Dr. Lowrey.

Plaintiff was delivered safely from Carle Clinic in Urbana to visit the recommended eye specialist in Chicago. Plaintiff was treated by Dr. Prit Oat Sinchai from the University of Illinois at Chicago and was then returned to the Ford County jail. Once Plaintiff was back at the Ford County jail, the jail facilitated securing the medication prescribed for Plaintiff by Dr. Sinchai. From that point forward, the prescription eye drops were administered to Plaintiff like all other medications, and the administration of the eye drops was recorded. The next day, February 9, 2008, officers from Ford County transported Plaintiff to the University of Illinois Medical Center in Chicago for a follow-up visit with Dr. Sinchai.

On February 12, 2008, Plaintiff was again transported to Chicago for a follow-up visit with Dr. Sinchai. At that visit, Dr. Sinchai characterized everything with Plaintiff's right eye as "normal." On February 22, 2008, Plaintiff was transported to Chicago for another follow-up visit. Plaintiff later complained that he was not happy with the medications prescribed. On March 3, 2008, Plaintiff was released to the Illinois Department of Corrections (IDOC).

Plaintiff returned to the Ford County jail on April 9, 2008 for a resentencing hearing. On April 15, 2008, Plaintiff submitted a complaint/request form and stated that he was having a reaction to medication he was taking and needed to see a nurse. On April 17, 2008, Plaintiff was seen by a registered nurse for the purpose of addressing his concerns regarding his medications for his right eye. At that time, an eye drop medication that needed to be ...


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