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Ruiz v. Williams

United States District Court, N.D. Illinois, Eastern Division

March 26, 2018

ISRAEL RUIZ, Plaintiff,
v.
LATONYA WILLIAMS, et al., Defendants.

          MEMORANDUM OPINION AND ORDER

          Robert M. Dow, Jr. United States District Judge.

         Plaintiff Israel Ruiz (“Plaintiff”) brings this action against Defendants Marcus Hardy, Christopher Whitfield, Dillard Eggemeyer, Richard Harrington, Randy Pfister, Marvin Reed, and Louise Shicker (the “IDOC Defendants”) and Latonya Williams, Parthasarathi Ghosh, M.D., Imhotep Carter, M.D., Andrew Tilden, M.D., Riliwan Ojelade, Samuel Nwaobasi, M.D., Robert Shearing, M.D., Fe Fuentez, M.D., Ronald Schaefer, M.D., and Wexford Health Sources, Inc. (“Wexford”) (collectively, the “Wexford Defendants”) for deliberate indifference arising out of their alleged failure to provide him with treatment for his abdominal pain and irritable bowel syndrome (“IBS”) symptoms. This matter is before the Court on the Wexford Defendants' motion for summary judgment [139], the IDOC Defendants' motion for summary judgment [142], and Plaintiff's motion for leave to file a surreply in opposition to Defendants' motions for summary judgment [177]. For the reasons explained below, Plaintiff's motion for leave to file a surreply [177] is granted; the Court has taken into consideration the attached surreply and Defendants' responses to the motion to file a surreply. See [177-1], [180], [181]. The Wexford Defendants' motion for summary judgment [139] is granted in part and denied in part. Summary judgment is granted in favor of Dr. Ghosh, Dr. Fuentez, and Wexford and against Plaintiff on Plaintiff's Eighth Amendment deliberate indifference and First Amendment retaliation claims, and for Dr. Schaefer and against Plaintiff on Plaintiff's First Amendment retaliation claim. Summary judgment is denied as to the Eighth Amendment and First Amendment claims against Williams, Dr. Carter, Dr. Tilden, Ojelade, Dr. Nwaobasi, and Dr. Shearing, and as to the Eighth Amendment claim against Dr. Schaefer. The IDOC Defendants' motion for summary judgment [142] is granted in part and denied in part. Summary judgment is granted in favor of all IDOC Defendants and against Plaintiff on Plaintiff's First Amendment claim and in favor of Hardy, Whitfield, and Harrington and against Plaintiff on Plaintiff's Eighth Amendment claim. Summary judgment is denied as to the Eighth Amendment claim against Defendants Pfister and Reed. This case is set for status hearing on April 19, 2018 at 9:30 a.m.

         I. Background

         The Court takes the relevant facts from the parties' Local Rule 56.1 statements and exhibits thereto, [141], [142-1], [158], [159], [160], [166], [173], [175], [176], and Plaintiff's affidavit [161] and exhibits thereto. The following facts are undisputed except where a dispute is noted.

         Plaintiff is an inmate in the custody of IDOC. He currently resides at Hill Correctional Center. Plaintiff testified that on February 24, 2010, while incarcerated at Stateville Correctional Center (“Stateville”), he felt what he describes as a “gastric eruption” in his lower right abdomen and groin area and began experiencing overwhelming gas, constipation, rectal bleeding, and severe abdominal pain. This lawsuit arises out of Defendants' alleged deliberate indifference to Plaintiff's serious medical needs at Stateville and later when he was transferred to Pontiac Correctional Center (“Pontiac”) and then to Menard Correctional Center (“Menard”). Plaintiff brings the lawsuit against his medical providers (the Wexford Defendants) and IDOC employees and officials (the IDOC Defendants) at all three facilities, as well as against IDOC's medical director, Dr. Shicker.

         Wexford is a medical services provider contracted by IDOC to provide healthcare to prisoners within IDOC correctional facilities. It is undisputed that “[c]opays are an IDOC policy, ” but disputed whether Wexford is involved in charging inmates co-pays. [158] at 33. The Wexford Defendants contend generally that when providing treatment to IDOC inmates, they use their own independent medical judgment, based upon their experience, education and training. Plaintiff disputes this, asserting instead (as detailed below) that the Wexford Defendants ignored his complaints and their own knowledge that he could have IBS and failed to treat him appropriately because he had previously sued Wexford and its employees.

         A. Stateville

         Plaintiff was incarcerated at Stateville for twelve years, until July 16, 2012. Defendant Marcus Hardy (“Hardy”) was the Warden of Stateville between December 1, 2009 and December 31, 2012. Hardy's clerks opened and sorted his mail. Hardy would not necessarily see every letter sent to him by an inmate. Hardy had several assistant wardens and one administrative support staff member who were designated to review emergency grievances. Hardy did not train these employees on these tasks. Hardy testified that he does not “intervene in inmate[s'] [medical] care.” [142-6] at 16. However, he also testified that he or his designee would call the health care unit administrator if a grievance was deemed an emergency and would “want to know from our standpoint that [the inmate] was seen and that there was an assessment done.” Id. at 19. Defendant Christopher Whitfield (“Whitfield”) was a correctional officer at Stateville between 2003 and April 2015.

         In 2010 and 2011, Defendant Parthasarathi Ghosh, M.D. (“Dr. Ghosh”) was the site medical director of Stateville. Among other duties, Dr. Ghosh supervised the medical staff at Stateville, made rounds visiting patients in the infirmary, and referred patients for specialized consultations. During the same time at Stateville, Defendant Imhotep Carter, M.D. (“Dr. Carter”) was the site medical director; Defendant Ronald Schaefer, M.D. (“Dr. Schaefer”) was a staff physician; and Defendant Latonya Williams (“Williams”) was a physician's assistant. Williams saw inmates who signed up for sick call appointments and provided annual physical examinations.

         As described above, on February 24, 2010, Plaintiff felt a gastric eruption in his abdomen followed by immediate pain, overwhelming gas, constipation, and an urge to use the restroom. Plaintiff was seen and evaluated by Williams the next day, February 25, 2010. She took a stool sample. Plaintiff does not recall if she provided any other treatment.

         Williams saw Plaintiff again at sick call on March 10, 2010. Plaintiff's complaints of abdominal pain, overwhelming gas and constipation remained unchanged. Williams prescribed FiberCon laxatives to treat Plaintiff's complaints of constipation. According to Plaintiff, he told Williams that the laxatives were making his abdominal pain worse, which prevented him from sleeping. Plaintiff denies that Williams performed a physical exam or advised him to stop eating soy.

         Plaintiff states that he wrote Williams letters on April 29, 2010 and May 19, 2010 requesting test results and medical attention for his stomach pain. The Wexford Defendants dispute that Williams received any correspondence from Plaintiff at any time. Plaintiff also contends that he sent the health care unit at Stateville a letter on July 2, 2010 addressed to Dr. Ghosh reporting that he was experiencing stomach pain, gas, and constipation. The Wexford Defendants do not admit to receiving any correspondence from Plaintiff at any time.

         On August 3, 2010, Plaintiff sent Hardy's office an emergency grievance. On August 11, 2010, Hardy reviewed Plaintiff's grievance and determined that it was an emergency. Hardy testified that he found Plaintiff's grievance to be an emergency because Plaintiff “said he felt something burst, ” “it seemed like it was repetitive and seemed to be being addressed by medication only, ” and he wanted to “make sure that it was addressed by the medical director.” [142-6] at 28-29. Hardy testified that he did not recall “specifically” what action he took, but that he would have “[r]eferred to it to whoever was the designee to follow up at the time” and “that person would have given it to the counselor assigned to that caseload.” Id. at 29.

         Plaintiff was provided with a sick pass on August 11, 2010, but denies seeing a doctor on that date. Instead, Williams saw Plaintiff again on that date. It is undisputed that Plaintiff complained of gas, but Plaintiff contends that he also complained of abdominal pain and constipation and that the laxatives were making his abdominal pain worse. Williams testified that she referred Plaintiff to a physician to get a second opinion and recommended that he discontinue offense foods. However, Plaintiff denies that Williams sent him to a physician to address his abdominal issues.

         Plaintiff maintains that he sent a letter to Hardy on August 26, 2010 explaining that he had still not seen a doctor. Hardy does not admit to receiving or reviewing Plaintiff's communications. Hardy testified, however, that if he received a letter from an inmate whose grievance he had previously deemed to be an emergency, he had the ability to “make sure he's seen.” [142-6] at 32. Plaintiff believes that he also spoke to Hardy in person about his medical concerns; however, he did not recall how many conversations he had with Hardy or when those conversations took place.

         Plaintiff was provided with another sick call pass on September 17, 2010, but denies seeing a doctor on that date, either. That day, Plaintiff filed another emergency grievance. The IDOC Defendants admit that the grievance was received, but dispute that Hardy ever saw or was aware of the grievance, which was signed by his designee. Hardy testified that the grievance was reviewed by his designee on September 28, 2010 and determined not to be an emergency because it appeared that Plaintiff had been seen by a doctor on September 20 (as discussed in the next paragraph). When the Warden's office determined that a grievance was not an emergency, the grievance was given back to the grievance office to be returned to the inmate, who would then have to refile it through the normal grievance process.

         Plaintiff asserts that he saw Dr. Schaefer on September 20, 2010 when he had a health care pass to see another doctor at Stateville's seizure clinic. Plaintiff testified that he told Dr. Shaffer all of his symptoms, including pain, constipation, and overwhelming gas, but Dr. Schaefer “flat out denied medical treatment” and told him, “I already seen two people in the ER today for other things other than what they came for” and that “[i]f something burst in your stomach you would be dead already.” [141-1] at 14. According to Plaintiff, he told Schaefer: “Look, if I have some illness that could be treated and caught sooner, and because you're refusing treatment, I have to continue to suffer, I told him I would sue him for the total disregard of my pain and suffering, and he said-he shrugged his shoulders and he said: Go ahead and sue; and he walked away.” Id. at 15. This is the only time that Plaintiff saw Dr. Schaefer.

         On September 21, 2010, Plaintiff filed another emergency grievance. The IDOC Defendants admit that the grievance was received, but dispute that Hardy ever saw or was aware of the grievance, which was signed by his designee. Hardy testified that the grievance was reviewed by his designee on September 28, 2010 (the same day the September 17 grievance was reviewed) and deemed not to be an emergency because it appeared from the face of the grievance that Plaintiff had been seen by a doctor on September 20.

         On November 3, 2010, Plaintiff filed another emergency grievance. The grievance was reviewed by Hardy's designee and deemed not to be an emergency. In all, Plaintiff testified that he sent at least ten grievances to the Warden's office about his abdominal pain and symptoms. The last nine were reviewed and signed by Hardy's designee.

         Plaintiff saw Williams again in March 2011. Plaintiff again complained of abdominal pain, gas, and constipation. Plaintiff testified that he told Williams that the laxatives were not helping his pain, but that Williams told Plaintiff to stop writing her, that she didn't know what was wrong with him, and that the only person who could help was Jesus. Plaintiff further testified that Williams saw in his file a subpoena for documents from Plaintiff's previous lawsuit (a deliberate indifference suit titled Ruiz v. Tilden concerning medical treatment of his seizure disorder, see [141-1] at 18) and told him that she knew he wanted to sue her and that he should “[g]o ahead” and write a grievance about the visit. [158] at 10. According to Plaintiff, Williams did not examine him, provide any medical treatment, or refer him to the medical director.

         Plaintiff contends that on September 22, 2011, Whitfield gave Plaintiff a pass to Stateville's Health Care Unit (“HCU”). Plaintiff maintains that on that same day, he twice noticed Whitfield walking near his cell and shouted to Whitfield to allow him to visit the HCU, but both times Whitfield walked away and did not respond to Plaintiff. Whitfield testified that he did not recall Plaintiff or any interactions with him on September 22, 2011. Whitfield also testified that he has never seen any medical passes permitting Plaintiff to go to the HCU on September 22, 2011.

         In December 2011, Plaintiff saw Dr. Carter. Dr. Carter's examination revealed positive bowel sounds, a soft, non-tender abdomen, no blood in the stools, but small external hemorrhoids. Dr. Carter prescribed laxatives and medicine for hemorrhoids. Plaintiff testified that Dr. Carter ignored his complaints that he was experiencing abdominal pain, overwhelming gas and constipation and that he kept being given laxatives even though they were not helping his pain. On January 13, 2012, Plaintiff saw Dr. Carter again. Plaintiff denies that Dr. Carter performed an abdominal exam at that visit. Dr. Carter prescribed Lactulose, another laxative. Plaintiff denies that the Lactulose provided him with any relief and asserts that it increased his abdominal pain.

         Plaintiff next saw Dr. Carter on March 13, 2012. Plaintiff denies that Dr. Carter performed an abdominal exam at this visit. According to Plaintiff, Dr. Carter again ignored his complaints of abdominal pain, overwhelming gas, and constipation and failed to address his pain. Dr. Carter made a notation in Plaintiff's medical records that Plaintiff had somatization disorder and placed “IBS versus chronic constipation on Plaintiff's problems list.” [158] at 13. Somatization disorder indicates that there are no physical or objective findings that correlate with a patient's subjective complaints. Plaintiff denies that he was actually diagnosed with a somatization disorder. Plaintiff also testified that when Dr. Carter was reviewing his medical file, “he came across the subpoena for documents that was in there, and he immediately got mad, and he turned to me and he said: You need to learn how to live in pain for the rest-you might be in pain for the rest of your life, or something like that.” [142-4] at 51-52.

         Plaintiff saw Williams again on July 11, 2012. It is undisputed that Plaintiff complained of gas and constipation, but Plaintiff contends that he also complained of abdominal pain. The Wexford Defendants contend, and Plaintiff denies, that Williams referred Plaintiff to the medical director. Williams testified that she would refer a patient to the medical director by writing a note in the chart for the nurse or medical technician to implement, but Plaintiff denies that this is IDOC procedure.

         Dr. Ghosh never saw Plaintiff concerning his gastrointestinal issues. See [158] at 16. However, Dr. Ghosh saw Plaintiff about earlier medical problems and was deposed in Plaintiff's prior lawsuit while he was still working at Stateville. Plaintiff asserts that he wrote numerous letters to Dr. Ghosh, reporting that he experienced a “gastric eruption” in his stomach and was experiencing severe abdominal pain, bloating, and rectal bleeding and was not receiving treatment. The record contains a copy of one letter that Plaintiff purportedly sent to Dr. Ghosh on July 1, 2010, which states that he is having “stomach pains, gas and problems using the bathroom” and is “getting no help.” [161-3]. The Wexford Defendants dispute that Dr. Ghosh ever saw or received any letters from Plaintiff. See [173] at 6, 12-13.

         B. Pontiac

         Plaintiff was transferred to Pontiac on July 16, 2012 and remained there until January 30, 2013. Defendant Randy Pfister (“Pfister”) was the Warden of Pontiac between May 2011 and November 2014. Defendant Marvin Reed (“Reed”) was the Assistant Warden of Programs at Pontiac between the Spring of 2010 and July 2013. Defendant Riliwan Ojelade (“Ojelade”) was a physician's assistant at Pontiac while Plaintiff was incarcerated there. Ojelade's responsibilities included evaluating, diagnosing, and treating patients. During the same time, Defendant Andrew Tilden, M.D. (“Dr. Tilden”) was a medical doctor at Pontiac. His responsibilities included treating patients, among other things.

         Dr. Tilden saw Plaintiff and performed a prostate exam on August 29, 2012. According to Plaintiff, he told Dr. Tilden that for over two years he had been suffering from extreme abdominal and groin pain and had overwhelming gas in his digestive tract, pain in his lower back, and a lump on his rectum that bleeds. According to Plaintiff, he also told Dr. Tilden that his symptoms were preventing him from sleeping and that the constipation medicine he had been prescribed was actually increasing his pain. According to Plaintiff, Dr. Tilden reviewed Plaintiff's medical file and saw a subpoena that was in the file, and told Plaintiff “I knew you were full of shit” and laughed. [158] at 17; see also [161] at 6 (Plaintiff's affidavit). Dr. Tilden proscribed Plaintiff Dulcolax, a laxative, to be taken three days a week for three months.

         Plaintiff testified that his first exchange with Reed took place in the cellhouse on September 12, 2012, when Plaintiff stopped Reed while he was passing by on the gallery. Plaintiff asserts that he told Reed his symptoms and that he was in pain and not being providing treatment and asked him for help. Plaintiff testified that Reed took his name and ID number down and told Plaintiff “I'll see.” [142-4] at 97.

         Ojelade saw Plaintiff on September 13, 2012. Plaintiff complained of abdominal pain and constipation. Plaintiff also maintains that he explained that he kept being given laxatives even though they weren't helping his pain. The Wexford Defendants maintain, but Plaintiff denies, that Ojelade examined Plaintiff's abdomen and found it to be normal and diagnosed Plaintiff with hypochondriasis. Plaintiff maintains that Ojelade told him that he would not get any help other than a pill for constipation because “the state of Illinois is broke” and therefore any MRI or lower GI testing at an outside hospital was out of the question. [158] at 18. The Wexford Defendants assert, and Plaintiff denies, that Plaintiff refused the medications that Ojelade sought to order. In his affidavit, Plaintiff also states that during the September 13 visit, he “saw Ojelade review the subpoena in [his] medical file.” [161] at 6.

         Plaintiff testified that he sent a letter to Reed on October 11, 2012. Plaintiff asserts that the following day, Reed came by his cell and Plaintiff told Reed all his symptoms and that he was in severe pain and that the laxatives he'd been prescribed did not help the pain. See [142-4] at 98-99. Plaintiff testified that Reed told him that he would be put in for treatment on an emergency basis.

         Dr. Tilden saw Plaintiff on October 14, 2012 in Pontiac's infirmary. Plaintiff explained all of his symptoms to Dr. Tilden and told him that he was in severe pain but not getting any medication to help. Plaintiff also told Dr. Tilden that he kept being given laxatives, which were not treating his pain. Dr. Tilden performed a short examination of Plaintiff's abdomen and prescribed Plaintiff Milk of Magnesia, another laxative. Dr. Tilden said that he was going to retrieve Plaintiff's medical file but did not return until the next morning, when he informed Plaintiff that he was discharged from the infirmary. Defendants maintain, and Plaintiff denies, that Dr. Tilden continued Plaintiff's Dulcolax tablets and added FiberLax to be taken each morning for three months, but Plaintiff refused medication. The Wexford Defendants further assert, and Plaintiff denies, that Plaintiff was also referred for a psychological evaluation for anxiety.

         Plaintiff testified that he sent Reed another letter regarding his medical care on October 18, 2012, explaining that he had not been provided treatment for his pain when he was admitted to the infirmary. Plaintiff testified that he received no response to this letter. Reed testified that he did not recall receiving the letter.

         Plaintiff testified that he sent a grievance to Pfister on December 3, 2012, and subsequently sent Pfister two more copies of the same grievance, but received no response. Plaintiff testified that he also sent other grievances to Pfister, which were denied without explanation. See [142-4] at 112.

         Defendant Pfister designated signatory authority to certain Pontiac employees by authorizing other individuals to sign his name on his behalf. Defendant Pfister testified that he did not recall receiving Plaintiff's grievances. See [142-8] at 18-19. Plaintiff admits that he does not know whether Pfister performed any follow up on his medical care during Plaintiff's time at Pontiac.

         Plaintiff testified that he spoke to Reed again on January 1, 2013. According to Plaintiff, he explained all his symptoms to Reed and told him he was not receiving any treatment for his pain, but Reed told him that he was about to be transferred to another facility and would get treatment there. See [142-4] at 101; [159] at 12. Plaintiff admits that he does not know whether Reed followed up on his medical care after January 1, 2013. Plaintiff testified that he had one final encounter with Reed on January 10, 2013, when Reed and Pfister were walking by and he told them he was experiencing severe abdominal pain. [159] at 13; see also [142-4] at 105. According to Plaintiff, Pfister yelled at him that he [would] get to the grievances when he got to them, and Reed walked away. See id. at 105-106.

         C. Menard

         Plaintiff was transferred to Menard on January 30, 2013. Defendant Richard Harrington (“Harrington”) was the Warden at Menard beginning in 2013. Defendant Robert Shearing, M.D. (“Dr. Shearing”) was the medical director and Defendants Samuel Nwaobasi, M.D. (“Dr. Nwaobasi”) and Defendant Fe Fuentez, M.D. (“Dr. Fuentez”) were staff physicians at Menard during the time period at issue in Plaintiff's complaint. Defendant Dillard Eggemeyer (“Eggemeyer”) was a correctional nurse working at Menard. Eggemeyer would have seen an inmate at his cell if the inmate turned in a note to see a doctor, or if a correctional officer determined on his own that the inmate needed to be seen by a medical professional. Eggemeyer testified that IDOC's treatment protocols at Menard define when nurses could dispense medication, and that the protocol for indigestion and heartburn did not allow for nurses to dispense pain medication. See [142-2] at 8. Plaintiff argues that the Wexford protocols did not prohibit Eggemeyer from prescribing Plaintiff pain medication. [177] at 11; see also [159] at 15 (denying that the protocols “explicitly state that nurses are prohibited from dispensing pain medication”). Looking at the protocols themselves, the “Nursing Intervention” set forth for “Indigestion/Heartburn” is “Maalox or Mylanta” and “contact provider for possible order for Zantac” (an antacid). [163] at 68. The “Nursing Intervention for “Stomach Ache (Abdominal Pain)” is “Maalox/Mylanta” for upset stomach and “Milk of Magnesia” for constipation. Id. at 85.

         Dr. Nwaobasi first saw Plaintiff on April 20, 2013. Plaintiff complained of abdominal pain. Plaintiff contends that he told Dr. Nwaobasi that he was experiencing abdominal pain, overwhelming gas and constipation, and explained that he kept being given laxatives even though they weren't helping his pain. According to Plaintiff, when Dr. Nwaobasi read Plaintiff's medical file and came across the subpoena from Plaintiff's prior lawsuit, his attitude immediately changed and he started addressing Plaintiff in a hostile tone. According to Plaintiff, Dr. Nwaobasi told him that his symptoms were “all in [his] head” and indicated with his finger that Plaintiff was crazy. [158] at 21. The parties agree that Dr. Nwaobasi prescribed Tylenol to Plaintiff. However, Plaintiff contends that Dr. Nwaobasi did nothing else to address his condition or pain, and denies that Dr. Nwaobasi advised him to increase his fluid intake.

         Plaintiff maintains that in March or April 2013, he saw Harrington walking down his gallery and stopped Harrington to tell him that he was in extreme pain. According to Plaintiff, Harrington took down Plaintiff's name and ID number and said he would look into the issue. Harrington testified that he had no recollection that this incident took place. Plaintiff also asserts that he sent an unknown number of letters to Harrington while at Menard, but received no responses. Plaintiff admits that he has no indication whether Harrington ever received his letters. Plaintiff further asserts that he sent multiple grievances to Harrington, including grievances submitted on March 12, April 18, April 21, and June 6, 2013.

         Plaintiff asserts that on May 31, 2013, he had a conversation with Eggemeyer. Plaintiff testified that he told Eggemeyer about all his symptoms and that he was getting laxatives but they weren't treating his pain. See [142-4] at 116. Eggemeyer took Plaintiff's temperature and blood pressure. Plaintiff testified that Eggemeyer also gave him “chewing tablets” for acid reflux but acknowledged that they would not treat pain. Id. According to Plaintiff, “Eggemeyer asked [him] to sign a $5.00 money voucher in order to see Dr. Shearing, ” but Plaintiff “told … Eggemeyer that he did not want to pay to see Dr. Shearing because the last time he saw Dr. Shearing he was thrown out of his office without any treatment for the pain.” [159] at 17. Plaintiff had no additional interactions with Eggemeyer while at Menard.

         Dr. Nwaobasi saw Plaintiff again on June 19, 2013. Dr. Nwaobasi testified that he performed a rectal exam, which was normal. Plaintiff cannot recall whether there was a rectal exam. Plaintiff contends that Dr. Nwaobasi ignored his complaints that he was experiencing abdominal pain and overwhelming gas and constipation and that he kept being given laxatives even though they were not helping his pain.

         Dr. Nwaobasi next saw Plaintiff on July 24, 2013 for his complaints of abdominal pain. Dr. Nwaobasi testified that he could find no objective explanation for Plaintiff's complaints and that he diagnosed Plaintiff with hypochondria based on the fact he could not find anything to corroborate Plaintiff's complaints. Plaintiff denies that he was ever given a formal diagnosis of hypochondria. According to Plaintiff, Dr. Nwaobasi again refused to do anything to address his complaints of abdominal pain, overwhelming gas and constipation and told Plaintiff to stop requesting to see him.

         Dr. Shearing saw Plaintiff on May 15, 2013 for complaints of abdominal pain. Prior to seeing Dr. Shearing, Plaintiff had various diagnostic tests done and each test came back negative. The Wexford Defendants contend that Plaintiff had a negative physical examination and reported normal bowel movements to Dr. Shearing. Plaintiff denies reporting normal bowel movements. According to Plaintiff, when he arrived at his appointment with Dr. Shearing his medical file was lying open and Plaintiff could see the subpoena for documents from his previous lawsuit. Plaintiff also maintains that, in response to his complaints of pain, gas, and constipation, Dr. Shearing told him that he could not do anything for him and that he could keep writing letters and grievances. Plaintiff maintains that Dr. Shearing did not physically examine him and told him to get out of his office.

         On November 20, 2013, Plaintiff saw Dr. Fuentez for treatment of a skin condition. Plaintiff told Dr. Fuentez about his abdominal pain and symptoms. Dr. Fuentez told Plaintiff that he would have to put in for a sick call in order to be treated for his abdominal pain.

         Plaintiff submitted another grievance to Harrington on December 12, 2013. Plaintiff testified that on December 17, 2013, Harrington “stated that my condition was an emergency, and he sent me back to Dr. Fuentez to be treated.” [159] at 18. Dr. Fuentez saw Plaintiff on that day. See [160] at 5. She did not treat Plaintiff but told him she would put him in to see a specialist. See id. Two days later, Dr. Fuentez saw Plaintiff again. She ordered Bentyl, a type of antispasmodic medicine, to quiet muscular contractions of the intestinal tract. Dr. Fuentez never saw the grievances filed by Plaintiff and was never made aware of any grievances filed by Plaintiff against her while she was at Menard.

         On January 9, 2014, Plaintiff saw Dr. Trost (who is not a defendant). Dr. Trost has been identified by both Plaintiff and the Wexford Defendants as an expert in this lawsuit. Dr. Trost thought that Plaintiff might have IBS and continued his prescription for Bentyl (or dicyclomine) and FiberCon tablets. Plaintiff reported that Bentyl relieved his symptoms.

         D. IDOC Medical ...


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