United States District Court, C.D. Illinois, Springfield Division
SUMMARY JUDGMENT OPINION
MYERSCOUGH, UNITED STATES DISTRICT JUDGE
presently incarcerated at Dixon Correctional Center, brought
the present lawsuit pursuant to 42 U.S.C. § 1983
alleging deliberate indifference to a serious medical need
for events that allegedly transpired during his incarceration
at Logan Correctional Center. The matter comes before this
Court for ruling on the Defendants' Motions for Summary
Judgment. (Docs. 112, 114). The motions are granted in part,
and denied in part.
judgment should be granted “if 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(a). All facts must be construed in the light
most favorable to the non-moving party, and all reasonable
inferences must be drawn in his favor. Ogden v.
Atterholt, 606 F.3d 355, 358 (7th Cir. 2010).
The party moving for summary judgment must show the lack of a
genuine issue of material fact. Celotex Corp. v.
Catrett, 477 U.S. 317, 323 (1986). In order to be a
“genuine” issue, there must be more than
“some metaphysical doubt as to the material
facts.” Matsushita Elec. Indus. Co. v. Zenith Radio
Corp., 475 U.S. 574, 586 (1986). “Only disputes
over facts that might affect the outcome of the suit under
the governing law will properly preclude the entry of summary
judgment.” Anderson v. Liberty Lobby, Inc.,
477 U.S. 242, 248 (1986).
was incarcerated at Logan Correctional Center
(“Logan”) from September 14, 2011, until February
8, 2012. Defendants were employed at the facility in the
following capacities: Defendant Weatherford was a nurse;
Defendant Lercher Hopp was the Healthcare Unit
was diagnosed with diabetes mellitus type 1 on December 13,
2011, following an acute diabetic episode. Plaintiff had not
been previously diagnosed with diabetes. According to
Plaintiff, the symptoms he experienced (excessive thirst and
urination, cramps, difficulty walking) began as early as
December 1, 2011.
the relevant time period, inmates at Logan could request
medical treatment at any time through the nurse sick call
procedure by filling out a request form. Nurse sick call was
held for each housing unit on one scheduled day per week. At
some point between December 1, 2011 and his eventual
diagnosis, Plaintiff was scheduled for dental sick call, but
he did not go.
could also attempt to get medical treatment by writing to
Defendant Lercher Hopp directly. If, after receiving a letter
from an inmate, Defendant Lercher Hopp believed that the
conditions described warranted attention, she could (1) place
the inmate on her call line, which is separate from nurse
sick call; or (2) take the request to the nurse on duty and
request that the inmate be summoned to the healthcare unit
for examination. Lercher Hopp Dep. 48:2-17. Defendant Lercher
Hopp testified that requests made via institutional mail
usually arrive the next day. Id. 40:12-41:3.
Plaintiff made at least two requests directly to Defendant
December 8, 2011, Plaintiff wrote a letter to Defendant
Lercher Hopp. (Doc. 118-3 at 1). In the letter, Plaintiff
stated that his mouth is constantly dry, that he drank 12
bottles of water during a 35-minute visit with his wife, that
he urinated 20 times in a two-to-three hour period, and that
he feels tired, is constantly sweating, and has experienced
weight loss. Defendant Lercher Hopp does not remember
receiving this letter. Lercher Hopp Dep. 46:11-13.
received no response to his first letter, Plaintiff wrote a
second letter describing the same symptoms. (Doc. 118-3 at
2). Defendant Lercher Hopp identified handwritten notations,
dated December 13, 2011, on the letter as her own. Defendant
Lercher Hopp explained that the notations indicate that she
would have given the letter to a nurse and requested that
Plaintiff be called over to the healthcare unit. Lercher Hopp
point before he was diagnosed, Plaintiff encountered
Defendant Weatherford in the healthcare unit for an annual
tuberculosis (“TB”) test. Plaintiff testified
that he attempted to convey the above-described symptoms to
Defendant Weatherford along with a comment that he felt like
he was dying. Pl.'s Dep. 62:14-15 (“I said look,
Nurse, I'm dying….”). According to
Plaintiff, Defendant Weatherford responded to his request for
help by stating, “I don't give a fuck, sign up for
sick call. I got to have them do this TB test, get out of my
face.” Id. 50:5-6.
Weatherford testified in her deposition that she does not
remember this encounter. Weatherford Dep. 20:5-14. She also
testified that if she noticed an inmate experiencing problems
during administration of TB tests, she would help them or
direct them to the nurse sick call area located on the other
end of the building. Id. 21:6-10.
staff examined Plaintiff on December 13, 2011, when he was
diagnosed with diabetes mellitus type 1. Plaintiff testified
he received this treatment when he flagged down a
correctional sergeant in his ...