United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE United States District Judge
matter is before the Court on Defendants' Motions for
Summary Judgment (Docs. 55, 58). For the following reasons,
the motions are GRANTED.
Wayne Willis is an inmate with the Illinois Department of
Corrections (“IDOC”). Willis filed suit on October
2, 2014, alleging that his Eighth Amendment rights were
violated at Menard Correctional Center
(“Menard”). He proceeds against three defendants:
Wexford Health Sources, Inc. (“Wexford” - a
healthcare contractor that provides medical services to IDOC
inmates), Aimee Lang (a medical technician employed by IDOC)
and Heather McGee (a nurse employed by IDOC). The Court
screened Willis' Complaint pursuant to 28 U.S.C. §
1915A and found that Willis articulated the following claims:
Count 1: Beginning July 27, 2012, and continuing through at
least September 13, 2012, Nurse Aimee Lang and Nurse Heather
McGee were deliberately indifferent to Plaintiff Willis's
serious medical needs, in violation of the Eighth and
Count 2: Health care provider Wexford Health Sources, Inc.,
enforced a policy and practice amounting to deliberate
indifference to Plaintiff Willis's serious medical needs,
in violation of the Eighth Amendment.
in July 2012, Willis began to experience pain along the sides
of his abdomen in the kidney area (Doc. 1, p. 6). As a
result, he sought treatment from the prison healthcare staff.
On July 27, 2012, Willis started sending “kites”
or notes requesting that he be placed on sick call for a
medical examination at the prison health care unit.
Id. When he did not receive, a response, Willis
discussed the issue with his gallery officer, Correctional
Officer Smith, on August 1, 2012. Id. C/O Smith told
Willis that the unit nurse was gone for the day, but that he
would pass along a kite. Id. Willis was eventually
placed on sick call later in August 2012 (Doc. 1, p. 26).
Records indicate that Willis was signed up for sick call on
August 21, 2012 and August 23, 2012, but that when Defendant
Lang went to his cell house, Willis was unavailable on both
was finally examined by Nurse McGee at the Menard Health Care
Unit on September 12, 2012 (Doc. 76-1, p. 9). During the
examination, Willis complained of pain in his right abdominal
area, which he had experienced for approximately three weeks.
Id. According to McGee's medical notes, Willis
was experiencing a pain level of “5 - 7” out of
ten. Id. Willis also complained of a cold and at the
conclusion of the examination, McGee issued Willis a
prescription for chlor-trimeton, an anti-histamine (Doc.
76-1, p. 10). McGee's medical notes also indicate that
Willis was to receive acetimenophen, but Willis claims that
he never received it (Doc. 59-1, pp. 8-9). Willis was then
scheduled for a follow up examination on September 20, 2012
and September 21, 2012 (Doc. 76-1, p. 12). However, he was
not seen on those dates because he had recently transferred
to a different cell. Id.
next appointment took place on September 27, 2012 when Dr.
Nwaobasi examined him to follow up on his complaints of
abdominal pain (Doc. 76-1, p. 11). Dr. Nwaobasi discontinued
Willis' prescription for Pravastin (a drug used to lower
cholesterol) and issued a prescription for Motrin.
Id. He advised Willis to “watch dietary
intake” and scheduled a follow up examination in one
was scheduled for “F/U [follow up] kidney pain”
on October 5, 2012. Id. Medical notes from that date
state that Willis refused to be seen. However, Willis
testified at his deposition that he did not refuse to be seen
rather, he was not called (Doc. 59-1, p. 9).
was next scheduled for examinations on October 23, 2012 and
October 25, 2012, but he was not examined on either date
(Doc. 76-1, p. 12). On October 23, 2012, “security did
not escort due to 5 gallery shakedown, ” and on October
25, 2012, Willis refused to be seen. Id. Willis was
examined on November 11, 2012, however it is unclear what
took place during the examination because the medical records
are illegible. Id.
to Willis, he never received a definitive diagnosis as to
what has been causing his abdominal pain (Doc. 59-1, p. 10).
He continues to experience “a slight loss of mobility
due to the abdominal issue, but that the pain is
according to Willis, Wexford has a policy where an inmate
will only be seen by a medical doctor if he was previously
seen by a nurse on three prior occasions for the same issue
(Doc. 59-1, p. 11). If after three nurse examinations fail to
treat the medical problem, the inmate may receive a referral
to see a physician. This policy was confirmed by Lang and
McGee. Id. Willis also notes that IDOC Menard
Treatment Protocols state, “Any offender evaluated for
the same complaint three ...