United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE UNITED STATES DISTRICT JUDGE
the Court is Defendants Wexford Health Sources, Inc., and
Shaliza Odom's Motion for Summary Judgment. (Doc. 32).
Plaintiff Harold McKay, formerly an inmate in the custody of
the Illinois Department of Corrections at Southwestern
Illinois Correctional Center, filed this action alleging
violations of his constitutional rights. (Doc. 1).
Specifically, Plaintiff has proceeded on a single claim under
the Eighth Amendment, which alleges that Defendants acted
with deliberate indifference toward his serious medical needs
by failing to provide him with dentures. (Doc. 4).
now move for summary judgment, arguing that the record does
not support a claim against Defendants and does not
demonstrate deliberately indifferent medical treatment. For
the following reasons, Defendants' motion is GRANTED.
May 27, 2014 to September 25, 2015, Plaintiff was
incarcerated at Southwestern Illinois Correctional Center
(“Southwestern”). Defendant Wexford Health
Sources, Inc. (“Wexford”) contracts with the
Department of Corrections (“IDOC”) to provide
medical services to inmates and employed the medical
personnel at Southwestern. Defendant Sheliza Odom worked as a
dental assistant at Southwestern.
following relevant facts are set forth in Plaintiff's
affidavit. (Doc. 36). On May 27, 2014, Plaintiff met with Dr.
Elizabeth Brack and discussed Plaintiff's severe gum
disease and tooth extractions. Dr. Brack informed Plaintiff
that the one-year length of his sentence would allow
sufficient time for the necessary medical treatment,
including the provision of dentures.
14, 2014, eleven of Plaintiff's teeth were extracted.
Plaintiff went to the healthcare unit on July 2, 2014, but
received no treatment for gum disease. On October 2, 2014,
Plaintiff's teeth were cleaned at the healthcare unit. He
was instructed to brush and floss regularly, but received no
treatment for gum disease. Plaintiff saw Dr. Brack on seven
additional occasions, but received no further treatment for
gum disease. On October 8, 2015, following his release from
custody, Plaintiff met with a dentist who contradicted Dr.
Brack by informing Plaintiff that he did not need any
cavities filled and that his teeth were healthy and strong.
to Dr. Brack's affidavit, the following
occurred. (Doc. 33-1 at 1-8). On May 30, 2014, Dr.
Brack examined Plaintiff for the first time. She noted the
mobility of multiple teeth and severe periodontal disease and
recommended the extraction of eleven teeth. She further
advised Plaintiff that his dental condition required
extensive restorative treatment before Plaintiff could
receive dentures. Plaintiff elected for the extraction
procedure, which occurred on June 14, 2014.
2, 2014, Dr. Brack examined Plaintiff and informed him he had
been placed on a waiting list for restorative treatment. In
the absence of an emergency, patients are placed on waiting
lists for dental services and treated in the order of their
placement on the waiting lists.
October 2, 2014, Plaintiff commenced restorative treatment
and underwent a teeth cleaning procedure. Plaintiff's
inability to tolerate the pain caused by the procedure
resulted in the scheduling of another cleaning appointment.
On October 28, 2014, a dental hygienist resumed the teeth
cleaning process. The dental hygienist informed Plaintiff
that, considering the severity of his dental condition, he
may not be a candidate for partial dentures and advised him
that partial dentures would only be a possibility if he
complied with the instructions regarding dental hygiene.
again saw a dental hygienist on November 4, 2014 to resume
the teeth cleaning process. On December 29, 2014,
Plaintiff's appointment was cancelled due to Dr. Brack
calling in sick. On December 31, 2014, Plaintiff's
appointment was cancelled due to a facility lockdown.
January 30, 2015, Dr. Brack examined Plaintiff and found that
the teeth cleaning process had revealed cavities in three
teeth. Dr. Brack informed Plaintiff that the next step before
he could receive partial dentures was to fill the cavities.
She further advised him that his overall health was not in
danger and placed Plaintiff on the waiting list for fillings.
On March 30, 2015, Dr. Brack met with Plaintiff at his
request and reminded him that he was on the waiting list for
fillings and that he could not have partial dentures until
his fillings were completed.
April 30, 2015, Dr. Brack filled the cavities in the two
teeth that were on the right side of Plaintiff's mouth.
She declined to fill the cavities in all three teeth because
the cavity-filling process requires numbing parts of the
mouth, the third tooth was on the left side of the mouth and
numbing both sides of the mouth at the same time is generally
inappropriate as it would interfere with a patient's
ability to eat and drink.
10, 2015 and August 18, 2015, Plaintiff asked when he would
receive additional restorative treatment and partial
dentures. He was informed that he was on the waiting list for
his final filling and that partial ...