United States District Court, S.D. Illinois
MEMORANDUM AND OPINION
J. Dalyl United States Magistrate Judge
the Court is Defendant Robert Shearing's Motion for
Summary Judgment (Doc. 55) and Defendants John Baldwin and
Kimberly Butler's Motion for Summary Judgment (Doc. 67.)
Plaintiff Dion Spears is an inmate with the Illinois
Department of Corrections. Plaintiff sues Defendant Baldwin
in his official capacity as the director of the Illinois
Department of Corrections and Defendant Butler in her
official capacity as the warden of Menard Correctional
Center. Plaintiff also sues Defendant Robert Shearing, M.D.,
who was the medical director at Menard Correctional Center.
On July 16, 2014, Plaintiff filed a complaint pursuant to 42
U.S.C. § 1983. (Doc. 1.) On July 14, 2015, the Court
dismissed Defendant John Trost on summary judgment for
failure to exhaust administrative remedies. (Doc. 40.)
Plaintiff now proceeds on the following claims:
Count 1: Defendant Shearing and Defendant
Butler, in her official capacity as the warden of Menard
Correctional Center, violated Plaintiff's right to
receive medical care under the Eighth Amendment when they
denied his requests for physical therapy, speech therapy, and
Count 3: Defendant Baldwin, in his official
capacity as the director of the Illinois Department of
Corrections, violated the Americans with Disabilities Act, 42
U.S.C. § 12101 et seq., (“ADA”) and/or
Rehabilitation Act, 29 U.S.C. §§ 794-94e,
(“RA”) by failing to provide Plaintiff with
speech therapy, physical therapy, a walker, and a low
gallery/low bunk permit.
following reasons, the Defendants' Motions for Summary
Judgment are GRANTED.
31, 2012, Plaintiff entered the custody of the Illinois
Department of Corrections at Stateville Correctional Center.
(Doc. 56-5 at 7.) On January 16, 2013, Plaintiff transferred
to Menard Correctional Center. (Id.) From October
15, 2012, to November 16, 2013, Dr. Shearing served as the
medical director at Menard Correctional Center. (Doc. 56-1 at
1.) Dr. Shearing is a physician with five years of
neurological training. (Id.)
February 2008, Plaintiff suffered injury to his head and
brain stem due to a motor vehicle accident. (Doc. 56-5 at 5,
17.) In December 2009 and January 2010, Plaintiff underwent
physical therapy during a four-week period while incarcerated
at the Kane County Jail. (Doc. 56-4 at 36, 42.) In April and
May 2010, Plaintiff further underwent four speech therapy
sessions while incarcerated at the Kane County Jail.
(Id. at 14-15, 38.)
31, 2012, Plaintiff arrived at Stateville Correctional
Center. On October 10, 2012, Plaintiff received approval for
a one-time evaluation by a physical therapist for a home
exercise program. (Doc. 56-2 at 4.) On December 6, 2012,
Plaintiff underwent a physical therapy evaluation. (Doc. 56-2
at 6.) In the evaluation, the physical therapist indicated
suspicions that Plaintiff did not give his full effort and
that he magnified his systems. (Id.) The physical
therapist further recommended against wheelchair use but
stated that Plaintiff might benefit from physical therapy.
(Id.) The record includes no other orders from any
physician at Statesville Correctional Center for further
January 16, 2013, Plaintiff arrived at Menard Correctional
Center. On January 21, 2013, Dr. Shearing examined Plaintiff
and observed mildly dysarthic speech and intact cranial
nerves. (Doc. 56-2 at 11.) He evaluated Plaintiff's motor
function but noted poor cooperation. (Id.) Dr.
Shearing assessed status post closed head injury and approved
a low bunk/low gallery pass but found no need for a walker or
wheelchair. (Id.; Doc. 56-5 at 11.) On February 1,
2013, Dr. Shearing completed his review of Plaintiff's
medical records and found no need for physical therapy. (Doc.
56-2 at 12.) He reasoned that Plaintiff would not regain
further motor function given the four years that had passed
since the initial injury. (Doc. 56-1 at 3.)
April 19, 2013, Plaintiff met with Dr. Shearing and requested
a front cuff/slow walk permit. (Doc. 56-2 at 13; Doc. 56-5 at
11.) Dr. Shearing issued a front cuff/slow walk permit and
renewed the low bunk/low gallery pass. (Id.) On May
30, 2013, Dr. Shearing considered Plaintiff's request for
physical therapy or for a transfer to Stateville Correctional
Center. (Doc. 56-2 at 16.) Dr. Shearing reiterated his
opinion that physical therapy would not help Plaintiff but
noted that Plaintiff had no medical hold that would prevent a
transfer to Stateville Correctional Center. (Id.)
September 2, 2013, Plaintiff met with a nurse and requested
an appointment with a physician for speech therapy and
physical therapy referrals or a medical transfer. (Doc. 56-2
at 17.) On September 16, 2013, Plaintiff met with Dr.
Shearing and requested a medical transfer to Stateville
Correctional Center. (Doc. 56-2 at 19.) Dr. Shearing
explained that, while the Department of Corrections did not
provide medical transfers, Plaintiff had no medical hold that
would prevent a transfer to Stateville Correctional Center.
(Id.) On November 16, 2013, Dr. Shearing left his
position as medical director at Menard Correctional Center.
(Doc. 56-1 at 1.)
28, 2013, Plaintiff filed a grievance requesting physical
therapy and a transfer to a facility for treatment. (Doc.
68-4 at 2-3.) On November 17, 2013, the nursing supervisor
reviewed the records and noted Dr. Shearing's opinion
that Plaintiff would not benefit from physical therapy.
(Id. at 4.) Defendant Butler, then-ADA coordinator,
determined that Plaintiff did not have a disability under the
ADA based on his limitations of mild speech impairment and
slightly decreased mobility of his right arm and leg. (Doc.
November 27, 2013, the grievance officer reported that
Plaintiff's request for a transfer had been denied, that
Dr. Shearing did not believe that Plaintiff would benefit
from physical therapy, and that Defendant Butler determined
that the request did not meet ADA standards. (Doc. 68-4 at
1.) The grievance officer recommended the denial of
Plaintiff's grievance ...