United States District Court, N.D. Illinois, Eastern Division
JORGE L. ALONSO UNITED STATES DISTRICT JUDGE
Robert Alvarez, brings this action against various doctors
and health care workers who were responsible for obtaining or
providing medical care to plaintiff while he was an inmate of
the Cook County Jail (“the Jail”). Plaintiff
claims that defendants violated his Fourteenth Amendment due
process rights and are liable to him for their deliberate
indifference to his need for proper medical treatment after
suffering a broken cheek bone while incarcerated in the Jail.
Certain of the defendants have moved to dismiss for failure
to state a claim under Federal Rule of Civil Procedure
12(b)(6). For the following reasons, the defendants'
motion is granted in part and denied in part.
allegations relevant to the defendants' motion to dismiss
are as follows. On July 21, 2013, while plaintiff was
detained and incarcerated at the Jail, he was attacked and
beaten by a group of approximately a dozen other inmates,
suffering serious injuries. (4th Am. Compl., ¶¶ 3,
26, ECF No. 47.) He was examined by correctional officers,
who observed that his injuries included “severe facial
damage” and stab wounds to his back and right leg.
(Id., ¶ 27.) Plaintiff told the officers that
he was having blackouts and in severe pain, and he asked to
be taken to Cook County Cermak Health Services
(“Cermak”), the Jail's on-site infirmary.
(Id., ¶¶ 32-33.) The officers locked him
in a holding cell in Division 1 of the Jail, without
providing any medical care. (Id., ¶ 33.)
Plaintiff asked for a tissue to blow his nose, which was
bleeding profusely, but when he blew his nose, it swelled
rapidly. (Id., ¶¶ 33-34.) The swelling
spread to his left cheek and left eye, and plaintiff began
suffering blackouts. (Id., ¶ 34.)
two hours after the beating, plaintiff was taken to Cermak
and examined by defendant Dr. Yan K Yo Do. (Id.,
¶¶ 36-38.) Plaintiff asked Dr. Yo Do if he could be
taken to a hospital for treatment of his serious injuries,
which included not only the blackouts, bloody nose, swollen
face, and stab wounds, but the displacement of a wire that
was in his mouth from a previous injury and had become
dislodged. (Id., ¶ 38.) Dr. Yo Do said that he
would not consider sending plaintiff to a hospital until
after he had a CAT scan, which could not be done until the
following day. (Id.) Plaintiff was given ice packs
and ibuprofen, but no other medical treatment. (Id.)
next day, plaintiff had a CAT scan at Cermak, and he told the
technician that he needed to see a doctor because he was in
tremendous plain and still suffering blackouts.
(Id., ¶ 39.) The technician told him that he
could not see a doctor, but he could fill out a “yellow
medical form” if he wanted to request an appointment
with a doctor. (Id., ¶ 40.)
his CAT scan, plaintiff was relocated to a different tier
within Division 1 of the Jail. (Id., ¶ 42.) His
new tier, tier H1, was composed only of inmates like
plaintiff who were over 40 and had no gang affiliation.
(Id.) Plaintiff brought his injuries to the
attention of the officers overseeing the tier, and these
officers made phone calls in an attempt to obtain medical
attention for plaintiff, but plaintiff received no further
medical attention until August 9, 2013. (Id., ¶
is a diabetic, and during his incarceration in the Jail he
made regular, thrice-weekly visits to the dispensary to check
his glucose levels. (Id., ¶¶ 21, 44.)
During his visits to the dispensary between July 22, 2013 and
August 9, 2013, he informed Dr. Kevin Sims and Dr. Baker of
his injuries, his pain, and his recurrent blackouts and
bloody noses. (Id., ¶ 45.) Dr. Sims and Dr.
Baker told Officer Casale and paramedic George Kroeck to
provide plaintiff icepacks, but provided no other treatment,
despite Officer Casale and Kroeck's attempts to get
plaintiff an appointment with a doctor. (Id.,
August 2, 2013, plaintiff was examined by Dr. Baker.
(Id., ¶ 48.) Plaintiff told him that the
injuries, pain and blackouts were only getting worse.
(Id.) Dr. Baker asked plaintiff if he knew that his
cheek bone was broken in four places. (Id., ¶
49.) Plaintiff responded that he did not. (Id.)
Plaintiff asked again to go to a hospital, and Dr. Baker
responded that he would make an appointment for plaintiff to
go to Stroger Hospital (“Stroger”) the following
week. (Id., ¶¶ 50-51.) Dr. Baker told
plaintiff that plaintiff clearly required surgery, but
because his cheek bone was “still in place, ” it
would be “ok . . . to wait.” (Id.,
¶ 51.) Plaintiff replied that he was still in a great
deal of pain and still suffering blackouts. (Id.,
¶ 52.) Dr. Baker responded, as plaintiff paraphrases,
“Don't make this hard or you will end up in
segregation.” (Id., ¶ 53.)
August 7, 2013, Dr. Brennan examined plaintiff at Stroger.
(Id., ¶ 56.) She told plaintiff that not only
was his cheek bone broken in four places, it was severely
displaced from its proper configuration and was healing
improperly. (Id., ¶¶ 56-57.) She said that
Dr. Baker should not have administered ice packs, which had
caused the bone to heal improperly, and plaintiff's cheek
bone would have to be re-broken before surgery, which
plaintiff needed urgently. (Id., ¶¶
57-59.) Additionally, plaintiff had a torn blood vessel in
his face. (Id., ¶ 57.)
Brennan told plaintiff that, as urgent as the need for
surgery was, the surgery could not be scheduled immediately
because the hospital had to receive approval from a
supervisor. (Id., ¶ 60.) Plaintiff had surgery
two days later, on August 9, 2016. (Id., ¶ 63.)
the surgery, plaintiff did not receive the medication he
needed for his diabetes or his recovery from surgery.
(Id., ¶¶ 63-69.) He did not receive any
pain medication of any kind for several days, despite making
numerous complaints and submitting several “yellow
forms.” (Id., ¶ 71.) The nursing staff
told him that it takes two or three days for prescribed
medication to reach Division 10 of the Jail, where he was now
housed. (Id.) On August 14, 2013, plaintiff was told
that the pain medication Dr. Brennan had prescribed had
some time after the surgery, plaintiff received only
acetaminophen, not the medication Dr. Brennan had prescribed.
(Id., ¶ 72.) He would periodically have to go
for long periods of time without any pain medication at all.
(Id., ¶¶ 72-73.) When the Ear, Nose and
Throat (“ENT”) unit at Stroger prescribed pain
medication, it would take two to three days to reach him at
Division 10, if he received it at all. (Id., ¶
72.) It was only in March 2014 that he finally received a
relatively regular supply of Naproxen to treat his pain.
(Id., ¶ 73.)
October 21, 2013, plaintiff had a scheduled appointment at
Stroger, but Jail staff failed to transport him from the Jail
to the hospital, without giving any reason, and plaintiff ...