United States District Court, N.D. Illinois, Eastern Division.
MEMORANDUM OPINION AND ORDER
Robert Blakey United States District Judge.
Danny Lee, a former inmate at the Stateville Correctional
Center (“Stateville”), initiated this lawsuit
against Wexford Health Sources, Inc. (“Wexford”),
Dr. Anton Dubrick (“Dr. Dubrick”), Dr. Imhotep
Carter (“Dr. Carter”) (collectively, the
“Wexford Defendants”) and former Warden Marcus
Hardy (“Hardy”). Lee alleges one cause of action
pursuant to 42. U.S.C. § 1983: deliberate indifference
to a serious medical condition. First Am. Compl. 
¶¶ 8-44. Hardy and the Wexford Defendants have
separately moved for summary judgment. As explained below,
the Wexford Defendants’ Motion for Summary Judgment
 is denied, while Hardy’s Motion for Summary
Judgment  is granted.
an inmate in the custody of the Illinois Department of
Corrections from 1976 until August 1, 2013. WSOF ¶ 1.
From 2005 until his release on August 1, 2013, he was
incarcerated at Stateville. PSOAF ¶ 1. Hardy was the
warden at Stateville in 2011 and 2012. HSOF ¶ 5. Wexford
has a contract with the State of Illinois to provide health
care to inmates at Stateville. Id. ¶ 7. Dr.
Carter was the Medical Director at Stateville from July 2011
to May 2012. WSOF ¶ 2. Dr. Dubrick served as a staff
physician at Stateville from the fall of 2011 until the
spring of the following year. Id. ¶ 3.
timeline of Lee’s care is both disputed and critical to
resolving the present motions. To wit:
• By November of 2011, Dr. Dubrick knew that: (1) Lee
had diabetes and (2) Lee’s diabetes placed him at a
higher risk of infection. PSOAF ¶ 23.
• On November 9, 2011, Lee complained to a Stateville
Certified Medical Technician (“CMT”) of hand pain
and hand locking, and he was put on the nurses’ sick
call. Id. ¶ 4.
• On November 17, 2011, Lee complained that his hands
were cramping up again, and a nurse referred him to the
doctors’ sick call. Id.
• On November 26, 2011, Lee complained to a CMT of
shoulder pain. Lee explained that he was unable to sleep and
had difficulty eating due to pain. The CMT told Lee she was
the only one on duty and walked away without proving any
medical treatment. Id. ¶ 5.
• On or around the morning of November 27, 2011, Lee
complained to a correctional officer of right shoulder pain.
The officer told Lee he would call a CMT. That afternoon, a
CMT consulted with Lee. Though Lee complained of right
shoulder pain, the CMT left without providing any medical
treatment. Id. ¶ 6.
• The next day (November 28, 2011), Lee was seen by a
CMT. Medical records from this day indicate that Lee was in
distress and dehydrated. He was not able to raise his right
hand. Id. at ¶ 7. Lee was then sent to the
health care unit, based on complaints regarding his right
shoulder, where he was examined by a nurse. Id.
• The parties dispute whether Dr. Dubrick first examined
Lee on November 28, November 29 or November 30, 2011.
Compare WSOF ¶¶ 11-12 with PSOAF
¶ 9. The parties agree that during this first
examination, whenever it took place, Dr. Dubrick prescribed
Plaintiff Toradol (an anti-inflammatory drug) and Vicodin (a
pain medication and anti-inflammatory). PSOAF ¶ 9. Dr.
Dubrick also ordered Lee a sling. Id. The parties do
not dispute that Dr. Dubrick’s “impression was
that Lee was suffering from tendinitis.” Id.
• On November 30, 2011, a CMT noted that Lee had
complaints of bilateral shoulder pain and neck stiffness. Lee
was lying on his bunk crying and yelling, and he rated his
pain at 10 out of 10. Lee was then brought back to the health
care unit with an elevated temperature of 102.8 degrees and
given another injection of Toradol. Id. ¶ 10.
• On December 1, 2011, Lee’s records indicate he
was very agitated and complained of severe shoulder pain.
More pain medication was prescribed and additional blood
testing was ordered. Id. ¶ 12.
• On December 3, 2011, Lee complained of severe pain in
both shoulders and requested pain medication. Lee stated that
he was unable to cleanse himself because he was in so much
pain. Lee was eventually ...