United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
Perkins, Jr. sues Dr. Saleh Obaisi, Dr. Andrew Tilden,
Latonya Williams, James Caruso, Jill Parrish, Sherry Benton,
Nicholas Lamb, Tarry Williams, Randy Pfister, and Wexford
Health Sources, Inc., alleging violations of 42 U.S.C. §
1983 arising from his medical treatment while incarcerated.
Doc. 47. The individual defendants are sued in their
individual capacities, not their official capacities. Doc. 71
at 2 n.1; Doc. 72 at 2 n.1.
has not appeared and may not have been served. Doc. 59 at 2.
Latonya Williams and Caruso answered, and Wexford answered
one claim against it. Docs. 60, 86. Pursuant to Federal Rule
of Civil Procedure 12(b)(6), Pfister, Benton, Lamb and Tarry
Williams (“State Defendants”) move to dismiss the
claims against them, while Dr. Obaisi, Dr. Tilden, and
Wexford (“Wexford Defendants”) move to dismiss
the claims against Drs. Obaisi and Tilden and most of the
claims against Wexford. Docs. 61, 65. The motions are
resolving a Rule 12(b)(6) motion, the court assumes the truth
of the operative complaint's well-pleaded factual
allegations, though not its legal conclusions. See Zahn
v. N. Am. Power & Gas, LLC, 815 F.3d 1082, 1087 (7th
Cir. 2016). The court must also consider “documents
attached to the complaint, documents that are critical to the
complaint and referred to in it, and information that is
subject to proper judicial notice, ” along with
additional facts set forth in Perkins's briefs opposing
dismissal, so long as those additional facts “are
consistent with the pleadings.” Phillips v.
Prudential Ins. Co. of Am., 714 F.3d 1017, 1020 (7th
Cir. 2013). The facts are set forth as favorably to Perkins
as those materials allow. See Pierce v. Zoetis,
Inc., 818 F.3d 274, 277 (7th Cir. 2016). In setting
forth those facts at this stage, the court does not vouch for
their accuracy. See Jay E. Hayden Found. v. First
Neighbor Bank, N.A., 610 F.3d 382, 384 (7th Cir. 2010).
was incarcerated at Stateville Correctional Center from
December 9, 2013 to December 11, 2014, at Pontiac
Correctional Center from December 11, 2014 to March 11, 2015,
and again at Stateville from March 11, 2015 to September 27,
2016. Doc. 47 at ¶ 5. Wexford contracts to provide
health services at Pontiac and Stateville. Id. at
¶ 6. Drs. Obaisi and Tilden were employed by Wexford as
the Medical Directors for Stateville and Pontiac,
respectively. Id. at ¶¶ 7-8. During the
relevant time frame, Benton was either the Chair or a member
of the Illinois Department of Correction (“IDOC”)
Administrative Review Board (“ARB”), Lamb was
Acting Warden of Stateville, Tarry Williams was Warden of
Stateville, and Pfister was Warden of both Pontiac and
Stateville. Id. at ¶¶ 12-15.
August 2014, during his first stint at Stateville, Perkins
developed a rash around his groin area. Id. at
¶ 25. He informed an unidentified nurse, who advised him
to ask to see a physician. Ibid. Perkins made an
appointment request to the Stateville Health Care Unit
(“HCU”), but never received a response.
Id. at ¶ 26. In September, Perkins began to
experience swelling and stiffness in his right index finger.
Id. at ¶ 27. By October, those symptoms, which
began to spread to his other fingers and left hand, had
become debilitating, affecting his ability to perform simple
tasks. Id. at ¶ 28. Meanwhile, the rash spread
to his legs and arms and began to blister and scab, causing
severe pain. Id. at ¶ 29. On October 12,
Perkins submitted an additional request to the HCU, but again
received no response. Id. at ¶ 30.
October 18, Perkins submitted a grievance concerning the
non-responses to his HCU requests. Id. at ¶ 31.
He did not receive a response to the grievance.
Ibid. Perkins made another appointment request to
the HCU in late October, again receiving no response.
Id. at ¶ 32. He filed another grievance in
mid-November, complaining about the lack of medical
treatment. Id. at ¶ 33.
December 11, Perkins was transferred from Stateville to
Pontiac. Id. at ¶ 35. In notes taken at a
transfer screening, an unnamed medical professional, John Doe
#1, did not refer to Perkins's hand pain or rash, and
made one-word notes concerning his other long-term health
conditions. Id. at ¶ 37. Doe #1 did not
question Perkins about his health or examine him.
Id. at ¶ 37. Perkins underwent a similarly
meager evaluation the same day by another medical
professional, John Doe #2. Id. at ¶ 38. Around
this time, Perkins submitted a request for an appointment
with the Pontiac HCU, and received no response. Id.
at ¶ 39.
December, Perkins received a response to one of his
Stateville grievances. Id. at ¶ 40. The
response did not address the substance of the grievance, and
instead stated that, due to his transfer to Pontiac,
Stateville grievance officers would not review the grievance.
Ibid. The response directed Perkins to appeal to the
ARB, which he did shortly thereafter. Id. at
January 2015, Perkins submitted a grievance at Pontiac, again
complaining of the lack of medical treatment. Id. at
¶ 42. The grievance complained that he had been
requesting an HCU appointment, that he had a severe rash and
was unable to use his right index finger, and that he had not
received care at Stateville for those conditions.
Ibid. Perkins did not receive a response to that
January 27, Perkins received the ARB's decision, prepared
by Benton, on his original grievance. Id. at ¶
43. The ARB summarily rejected the grievance on two grounds.
Ibid. The first was that Perkins should have
contacted the HCU before going to the ARB, and the second was
that the grievance failed to satisfy certain requirements of
the Illinois Administrative Code. Ibid.
Specifically, the ARB stated that the grievance contained no
date from which the ARB could determine whether he had
complied with the requirement that an inmate file a grievance
within 60 days of his discovery of the grievance's
subject matter. Ibid. The ARB also stated that the
grievance had insufficient factual detail. Ibid.
March, Perkins saw a nurse at Pontiac, John Doe #3, about his
rash, which by then had spread to his arms and legs.
Id. at ¶ 44. Doe #3 prescribed hydrocortisone
cream, but did not examine Perkins for any contraindicated
conditions such as open wounds, lesions, or fungal
infections. Ibid. Upon seeing Doe #3 again shortly
thereafter, Perkins reported that the cream was not working
and complained of the hand pain and mobility issues.
Id. at ¶ 45. Doe #3 did not indicate any
further follow-up or treatment. Ibid.
days later, Perkins met with Caruso, a physician's
assistant. Id. at ¶ 46. Caruso noted the rash,
but conducted no examination and wrote that Perkins
“leaves [Pontiac] Wednesday [March 11, 2015] - so he
won't receive cream.” Ibid. That same day,
in preparation for Perkins's transfer back to Stateville,