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.

Spears v. Shearing

United States District Court, S.D. Illinois

October 26, 2016

DION SPEARS, Plaintiff,
v.
DR. SHEARING, et al., Defendants.

          MEMORANDUM AND OPINION

          Reona J. Dalyl United States Magistrate Judge

         Before 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 a walker;
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.

         For the following reasons, the Defendants' Motions for Summary Judgment are GRANTED.

         I. BACKGROUND

         On July 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.)

         In 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.)

         On July 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 physical therapy.

         On 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.)

         On 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.)

         On 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.)

         On July 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. 68-2.)

         On 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 ...


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.