United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL United States District Judge
Motion for Summary Judgment filed by Defendant Dana Darnold
is pending before the Court. (Doc. 33). For the reasons set
forth below, the Motion is granted.
Charles Wilson, an inmate in the custody of the Illinois
Department of Corrections, brings this action pursuant to 42
U.S.C. §1983 alleging his constitutional rights were
violated during the time he was incarcerated at Lawrence
Correctional Center. Specifically, Wilson's complaint
alleges he was assaulted by three correctional officers on
October 7, 2013, and that Nurse Dana Darnold subsequently
refused to provide medical treatment for the head injury he
sustained in the attack. Wilson's complaint was screened
pursuant to 28 U.S.C. §1915A, and he was allowed to
proceed on the following claims (Doc. 8, p. 4):
Count I: Eighth Amendment excessive force claim against
Defendant Correctional Officers Erickson, Hargett, and Oswalt
for using excessive force against Wilson after the magazine
incident on or about October 7, 2013;
Count II: Eighth Amendment deliberate indifference to medical
needs claim against Defendants Erickson, Hargett, and Oswalt
for refusing Wilson's request for treatment of his
injuries arising from the beating reference in Count One;
Count III: First Amendment retaliation claim against
Defendant Darnold for refusing to examine or treat
Wilson's injuries after he threatened to report her to
her supervisor; and
Count IV: Eighth Amendment deliberate indifference to medical
needs claim against Defendant Darnold for failing to examine
or treat Wilson after he reported his symptoms and requested
filed a motion for summary judgment on February 21, 2017
(Doc. 33), and Wilson filed a timely response on April 21,
2017 (Doc. 45).
asserts Defendant Correctional Officers Erickson, Hargett,
and Oswalt assaulted him on October 7, 2013. (Doc. 1, pp.
6-7). During the assault, these individuals allegedly slammed
Wilson's head into the floor and later into the shower
cabinet in the segregation unit. (Doc. 1, pp. 7, 13; Doc. 45,
p. 17, ¶ 4). Wilson requested medical attention,
indicating he had a headache and was feeling light-headed and
dizzy. (Doc. 45, p. 17, ¶ 5). Eventually Darnold, a
registered nurse at Lawrence Correctional Facility, arrived
in the segregation unit. (Doc. 34-6, ¶¶ 4, 7,
11-13; Doc. 45, p. 17, ¶ 6).
parties dispute the actions Darnold took after arriving in
the segregation unit. Wilson attests that after arriving,
Darnold began flirting with officers until he told her to
“do the job that she came over for” and
threatened to report her to her supervisor. (Doc. 45, pp.
17-18, ¶ 6). Darnold then “came close to the
segregation holding cell” and Wilson told her he was
feeling light-headed, dizzy, had a headache, and that a bump
was growing on his forehead. (Doc. 45, pp. 17-18, ¶ 6).
Wilson asserts that Darnold told him in a “sarcastic
and laughing tone” he had to wait twenty-four hours
before she would provide any treatment. (Doc. 45, pp. 17-18,
¶ 6). Wilson further alleges that Darnold made this
statement “without any test nor [sic] close
physical examination.” (Doc. 45, pp. 17-18, ¶ 6).
Darnold states when she saw Wilson on October 7, 2013, he had
no symptoms consistent with a concussion or other neurologic
injury and no physical signs of injury. (Doc. 34-6, ¶
13). As a registered nurse Darnold is qualified to look for
signs of concussion or neurologic injury including monitoring
the patient's speech and gait, determining whether the
patient is alert and oriented, and checking the patient's
pupils and grip strength. (Doc. 34-6, ¶ 12).
Wilson's medical record dated October 7, 2013, prepared
by Darnold, notes that Wilson was “alert orient x 3,
” “speech clear, ” gait steady, ”
“pupils equal and reactive to light, ” and
“bilateral grasp equal and steady.” (Doc. 34-1,
p. 1). Darnold also noted there was no redness or swelling
that indicated an area of contusion (Doc. 34-1, p. 1) and
that she advised Wilson to return to nurse sick call the next
day or sooner if any problems arose (Doc. 34-1, p. 2; Doc.
34-6, ¶ 13). Wilson asserts the medical records created
on this date and signed by Darnold are inaccurate (Doc. 45,
p. 18, ¶ 7), but does not specify how.
undisputed that Darnold did not see Wilson for complaints of
a head injury or concussion after October 7, 2013. It is also
undisputed that Wilson was evaluated by other medical
providers on October 17, 2013, and October 22, 2013, for
complaints of a ...