United States District Court, N.D. Illinois, Eastern Division
CLEVE S. BRADFORD, Plaintiff,
SALEH OBAISI, M.D., F.A. CRAIG, D.D.S, J.F. MITCHELL, D.D.S., and WEXFORD HEALTH SOURCES, INC., Defendants.
JORGE ALONSO, UNITED STATES DISTRICT JUDGE.
Cleve S. Bradford has filed a two-count complaint against
defendants Dr. Saleh Obaisi,  Dr. F.A. Craig, Dr. Mitchell, and
Wexford Health Sources, Inc. (“Wexford”),
alleging claims of deliberate indifference to a medical need
and Monell liability. Before the Court is
defendants' motion to dismiss plaintiff's Third
Amended Complaint  pursuant to Federal Rule of Civil
Procedure 12(b)(6). For the reasons set forth below, the
motion is granted in part.
is an inmate at the Illinois Department of Corrections and
was detained at Stateville Correctional Center during the
time of the events alleged in his Third Amended Complaint.
(Dkt 50-1, ¶ 9.) In December 2014, plaintiff submitted a
written request for medical assistance seeking dental
treatment for pain around his wisdom tooth. (Id.
¶ 16.) In February 2015, one of plaintiff's wisdom
teeth was removed but a “root tip” remained
embedded in his jaw. (Id. ¶¶ 20, 21.)
Plaintiff was told that the “root tip” would work
itself out on its own over time and was given penicillin and
an over-the-counter pain reliever. (Id. ¶ 21.)
Several days later, plaintiff was taken to the Stateville
Medical Unit where he learned that he suffered from alveolar
osteitis-commonly known as “dry socket”-which is
a painful condition resulting from the extraction of a wisdom
tooth. (Id. ¶ 24.) Plaintiff was given the same
over-the-counter pain reliever previously prescribed.
(Id. ¶ 24.) In late February 2015, plaintiff
was taken to see an outside dentist (not associated with
Wexford) who removed the root tip. (Id. ¶¶
I - Deliberate Indifference
January 22, 2018, Defendants filed a suggestion of death of
defendant Saleh Obaisi, M.D. upon the record pursuant to
Fed.R.Civ.P. 25(a)(1). Federal Rule of Civil Procedure 25(a)
provides: “[i]f a party dies and the claim is not
extinguished, the court may order substitution of the proper
party. A motion for substitution may be made by any party or
by the decedent's successor or representative. If the
motion is not made within 90 days after service of a
statement noting the death, the action by or against the
decedent must be dismissed.” Fed.R.Civ.P. 25(a)(1).
Accordingly, the pending motion to dismiss Count I is
stricken insofar as it pertains to Dr. Obaisi. Plaintiff is
given until April 23, 2018 to file a motion to substitute Dr.
Obaisi's legal representative if plaintiff chooses to do
so. If plaintiff does not file such a timely motion, the
Court will terminate Dr. Obaisi as a party defendant. If
plaintiff does file such a motion, he may renew his motion as
to Dr. Obaisi.
contends that it must be dismissed from Count I because it
cannot be held liable for a § 1983 claim under a theory
of respondeat superior, citing Shields v. Ill.
Dep't of Corrections, 746 F.3d 782 (7th Cir. 2014).
Plaintiff acknowledges that § 1983 does not provide for
respondeat superior claims but, nonetheless, objects
to Wexford's dismissal. Plaintiff cites language from the
Shields' decision where the court noted that a
new approach may be needed to determine whether corporations
should be insulated from respondeat superior
liability under § 1983. See Shields, 746 F.3d
at 789-96. However, the controlling precedent in this circuit
dictates that private corporations, such as Wexford, cannot
be liable for § 1983 claims under a theory of
respondeat superior. Accordingly, Wexford is
dismissed as a defendant from Count I of the Third Amended
II - Monell Claim
argue that Dr. Obaisi and Dr. Craig must be dismissed from
Count II because a Monell claim does not extend to
individuals. Plaintiff agrees to dismiss them as well as Dr.
Mitchell. (See dkt 57 at p. 2.) Accordingly, Dr.
Obaisi, Dr. Craig, and Dr. Mitchell are dismissed as
defendants from Count II.
foregoing reasons, defendant's motion to dismiss
plaintiffs Third Amended Complaint  is granted in part.
Regarding Count I, Wexford is dismissed as a defendant;
Plaintiff is given until April 23, 2018 to file a motion to
substitute Dr. Obaisi's legal representative if plaintiff
chooses to do so; and, plaintiff may proceed against Dr.
Craig and Dr. Mitchell. Regarding Count II, Dr. Obaisi, Dr.
Craig, and Dr. Mitchell are dismissed as defendants;
plaintiff may proceed against Wexford.