Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

May v. Mahone

United States District Court, N.D. Illinois, Eastern Division

February 11, 2015

FLOYD MAY, Plaintiff,
v.
SYLVIA MAHONE; HOLLY LOGAN; DR. IMHOTEP CARTER, Defendants.

MEMORANDUM OPINION AND ORDER

JOHN W. DARRAH, District Judge.

Plaintiff Floyd May filed a Complaint against Defendants Dr. Sylvia Mahone, Nurse Holly Logan, and Dr. Imhotep Carter, asserting various claims regarding the medical treatment Plaintiff received while incarcerated in Stateville Correctional Center.[1] Defendants moved for summary judgment on July 10, 2014. For the reasons set forth more fully below, Defendants' Motion for Summary Judgment [99] is granted.

BACKGROUND

The following facts are taken from the parties' statements of undisputed material facts submitted in accordance with Local Rule 56.1. Plaintiff Floyd May is an inmate at Stateville Correctional Center ("Stateville"), serving a twenty-five year sentence for armed robbery. (Dkt. 99-2, ¶ 1; Dkt. 107, ¶ 1.) Dr. Imhotep Carter was a physician at Stateville from July 2011 to May 2012. (Dkt. 99-2, ¶ 2; Dkt. 107, ¶ 2.) Dr. Sylvia Mahone was a physician at the Northern Reception and Classification Center (the "NRC"). (Dkt. 99-2, ¶ 3; Dkt. 107, ¶ 3.)

While incarcerated at Cook County Jail in May 2011, Plaintiff began feeling severe symptoms of pain, sweating, and difficulty eating. (Dkt. 99-2, ¶ 22; Dkt. 107, ¶ 22.) He also had lumps in his groin. (Id. ) Plaintiff was diagnosed with stage 4 mantle cell non-Hodgkins lymphoma and given a life expectancy of three years. (Dkt. 99-2, ¶ 24; Dkt. 107, ¶ 24.) Plaintiff began a chemotherapy regimen at Stroger Hospital. (Dkt. 99-2, ¶ 26; Dkt. 107, ¶ 26.) The regimen consisted of a cycle where every twenty-one days, Plaintiff would be admitted to Stroger as an inpatient for three to five days of chemotherapy. (Id. ) Plaintiff was scheduled for eight to twelve cycles. (Id. ) Plaintiff was transferred to Stateville in September 2011 after four to six cycles of chemotherapy. (Id. )

At the time relevant to this action, Mahone was the medical director at the NRC. (Dkt. 99-2, ¶ 28; Dkt. 107, ¶ 28.) Inmates are first screened at the NRC when they are transferred to Stateville. (Dkt. 99-2, ¶ 30; Dkt. 107, ¶ 30.) Mahone screened Plaintiff on September 16, 2011. (Id. ) Mahone documented Plaintiff's lymphoma and chemotherapy treatments and planned to admit him to the Stateville infirmary. (Id. ) Mahone informed Plaintiff that the Illinois Department of Corrections sends inmates to the hospital at the University of Illinois at Chicago ("UIC") and not Stroger Hospital. (Dkt. 99-2, ¶ 32; Dkt. 107, ¶ 32.) Plaintiff's chemotherapy treatment was transferred to UIC. (Dkt. 99-2, ¶ 35; Dkt. 107, ¶ 35.) The treatment eliminated the cancer in Plaintiff's lymph nodes and suppressed the disease. (Dkt. 99-2, ¶ 41; Dkt. 107, ¶ 41.)

Dr. Pritesh Patel was Plaintiff's outpatient hematologist and primary oncologist at UIC. (Dkt. 99-2, ¶ 44; Dkt. 107, ¶ 44.) Patel placed Plaintiff on a maintenance dose of a drug called Rituximab. (Dkt. 99-2, ¶ 51; Dkt. 107, ¶ 51.) As of March 2012, Plaintiff is in remission. (Dkt. 99-2, ¶ 60; Dkt. 107, ¶ 60.)

LEGAL STANDARD

Summary Judgment Standard

Summary judgment is appropriate when "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56. Courts deciding summary judgment motions must view facts "in the light most favorable to the nonmoving party only if there is a genuine' dispute as to those facts." Scott v. Harris, 550 U.S. 372, 380 (2007). A genuine dispute as to any material fact exists if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). The moving party has the initial burden of establishing that there is no genuine dispute as to material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). If the moving party meets this burden, "[t]he nonmoving party must point to specific facts showing that there is a genuine issue for trial." Stephens v. Erickson, 569 F.3d 779, 786 (7th Cir. 2009). The evidence must be such "that a reasonable jury could return a verdict for the nonmoving party." Pugh v. City of Attica, Ind., 259 F.3d 619, 625 (7th Cir. 2001) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)).

"A party opposing a properly supported motion for summary judgment may not rest upon the mere allegations or denials of his pleading, but... must set forth specific facts showing that there is a genuine issue for trial." Anderson, 477 U.S. at 248. "By its very terms, this standard provides that the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact." Id. (emphasis in original). "It is reasonable to assume that just as a district court is not required to scour the record looking for factual disputes, '... it is not required to scour the party's various submissions to piece together appropriate arguments. A court need not make the lawyer's case." Little v. Cox's Supermarkets, 71 F.3d 637, 641 (7th Cir. 1995) (citing Anderson v. Liberty Lobby, 477 U.S. 242, 248-49 (1986)).

Local Rule 56.1

Local Rule 56.1(a)(3) requires the moving party to provide "a statement of material facts as to which the party contends there is no genuine issue for trial." Ammons v. Aramark Uniform Servs., 368 F.3d 809, 817 (7th Cir. 2004). Local Rule 56.1(b)(3) requires the nonmoving party to admit or deny every factual statement proffered by the moving party and to concisely designate any material facts that establish a genuine dispute for trial. See Schrott v. Bristol-Myers Squibb Co., 403 F.3d 940, 944 (7th Cir. 2005). Pursuant to Local Rule 56.1(b)(3)(C), the nonmovant may submit additional statements of material facts that "require the denial of summary judgment." Local Rule 56.1(b)(3)(C) further permits the nonmovant to submit a statement "of any additional facts that require the denial of summary judgment...." To the extent that a response to a statement of material fact provides only extraneous or argumentative information, this response will not constitute a proper denial of the fact, and the fact is admitted. See Graziano v. Vill. of Oak Park, 401 F.Supp.2d 918, 936 (N.D. Ill. 2005). Similarly, to the extent that a statement of fact contains a legal conclusion or otherwise unsupported statement, including a fact that relies upon inadmissible hearsay, such a fact is disregarded. Eisenstadt v. Centel Corp., 113 F.3d 738, 742 (7th Cir. 1997).

District courts must liberally construe the pleadings of pro se litigants. Hudson v. McHugh, 148 F.3d 859, 864 (7th Cir. 1998). This liberal construction requirement "give[s] a pro se plaintiff a break" when his or her pleadings fail on a technicality but are otherwise understandable. Id. However, pro se litigants "are not excused from compliance with procedural rules." Pearle Vision, Inc. v. Romm, 541 F.3d 751, 758 (7th Cir. 2008). The Seventh Circuit has "repeatedly held that district judges are entitled to insist on strict compliance with local rules designed to promote the clarity of summary judgment filings." Stevo v. Frasor, 662 F.3d 880, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.