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John Mcdowell v. Paul Talbot

November 30, 2012

JOHN MCDOWELL, PLAINTIFF,
v.
PAUL TALBOT, DEFENDANT.



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

E-FILED

Friday, 30 November, 2012 04:04:31 PM Clerk, U.S. District Court, ILCD

OPINION

This is an Eighth Amendment prisoner case. The prisoner-plaintiff complains that his prison doctor has been deliberately indifferent to his serious medical needs. This case is before the court for ruling on a motion for summary judgment (#30) filed by Defendant. Plaintiff has filed neither an opposing brief nor a response to Defendant's undisputed material facts even though he was given over two months to do so. The court has carefully reviewed Plaintiff's complaint and the brief filed by Defendant supporting the present motion. Following this careful review, and taking the facts and documentation provided by Defendant to be true, Defendant's Motion for Summary Judgment (#30) is GRANTED.

FACTS*fn1

Defendant Talbot has been the Medical Director at the Danville Correctional Center since October 2009. Defendant saw Plaintiff for the first time on March 26, 2010. Defendant conducted a routine physical examination and found hypertension, complaints of constipation, and a history of a GI ulcer bleed.

On July 25, 2010, Plaintiff was seen in the Health Care Unit, complaining of constipation and shoulder pain. Regarding the former, Plaintiff was instructed to increase his level of physical activity and select fruit and vegetables for his diet whenever possible. Regarding the latter, Defendant examined Plaintiff and found that he had full range of motion and full extension. Plaintiff was given Motrin and instructed to return if his symptoms worsened or interfered with his daily functioning.

On September 24, 2010, Plaintiff was seen by a different physician at the health care center, complaining of shoulder pain. He indicated that the pain was due to slipping onto a concrete wall. Plaintiff was instructed on range-of-motion stretches, provided a warm pack, and a muscle balm to use twice daily for 30 days.

On January 18, 2011, Plaintiff complained to Defendant that he had infrequent bowel movements and refused to eat the soy-based food served at the prison. Defendant's clinical exam showed no gastrointestinal obstructions, but Defendant ordered an X-ray radiograph nonetheless.

On January 25, 2011, Plaintiff received an X-ray examination of his abdomen. The X-ray showed that Plaintiff's bowel gas pattern appeared to be within normal limits, but had a large amount of stool.

On February 3, 2011, Defendant reviewed Plaintiff's radiography image and ordered a rectal suppository to alleviate constipation.

On March 15, 2011, Plaintiff complained of shoulder pain to Defendant. Defendant found Plaintiff had good strength, no deformities, and could actively elevate both arms above his shoulders. Defendant ordered Plaintiff to receive a baseline Hypertension Clinic appointment; a low sodium diet; an X-ray of the AC joint in his shoulder; prescription baclofen, a muscle relaxant, for 30 days; and a low bunk permit for a year.

On March 25, 2011, Plaintiff received an X-ray examination of his shoulder. Defendant read the X-ray radiograph to show that Plaintiff had mild osteoarthritis of the AC joint, with no regional bony fractures or dislocations.

On April 5, 2011, Defendant told Plaintiff that he had osteoarthritis of the shoulder. Plaintiff indicated that the baclofen did not control his discomfort, so Defendant discontinued ...


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