United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
M. Dow, Jr. United States District Judge.
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
, the IDOC Defendants' motion for summary judgment
, and Plaintiff's motion for leave to file a
surreply in opposition to Defendants' motions for summary
judgment . For the reasons explained below,
Plaintiff's motion for leave to file a surreply  is
granted; the Court has taken into consideration the attached
surreply and Defendants' responses to the motion to file
a surreply. See [177-1], , . The Wexford
Defendants' motion for summary judgment  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  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.
Court takes the relevant facts from the parties' Local
Rule 56.1 statements and exhibits thereto, , [142-1],
, , , , , , , and
Plaintiff's affidavit  and exhibits thereto. The
following facts are undisputed except where a dispute is
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.
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.  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.
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
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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
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.  at 10. According to Plaintiff, Williams did
not examine him, provide any medical treatment, or refer him
to the medical director.
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.
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
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.”
 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.
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.
Ghosh never saw Plaintiff concerning his gastrointestinal
issues. See  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
 at 6, 12-13.
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.
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.  at 17; see also 
at 6 (Plaintiff's affidavit). Dr. Tilden proscribed
Plaintiff Dulcolax, a laxative, to be taken three days a week
for three months.
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]
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.  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.”
 at 6.
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.
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
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.
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.
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.
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;  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.  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.
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. 
at 11; see also  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).  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.
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.  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.
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.
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.”  at 17. Plaintiff had no
additional interactions with Eggemeyer while at Menard.
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.
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
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.
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.
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.”
 at 18. Dr. Fuentez saw Plaintiff on that day. See 
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.
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
IDOC Medical ...