United States District Court, N.D. Illinois
MEMORANDUM OPINION AND ORDER
Elaine E. Bucklo United States District Judge.
pro se civil rights action pursuant to 42 U.S.C.
§ 1983, Duane Page, a prisoner in state custody,
challenges treatment provided for a hand injury he sustained
while playing basketball. Defendants Ghaliah Obaisi,
Independent Executor of the Estate of Saleh Obaisi,
Physician's Assistant LaTanya Williams, and Wexford
Health Sources move for summary judgment. For the following
reasons, Defendants' motion is granted.
Northern District of Illinois Local Rule 56.1
proceeding pro se. Defendants thus served him with a
“Notice to Pro Se Litigant Opposing Motion for Summary
Judgment” (Dkt. 90) that explains how to respond
properly to a motion for summary judgment and statement of
material facts under Federal Rule of Civil Procedure 56 and
Local Rule 56.1. Under the Court's Local Rules, a moving
party must provide “a statement of material facts as to
which [it] contends there is no genuine issue.”
Cracco v. Vitran Exp., Inc., 559 F.3d 625,
632 (7th Cir. 2009). “The opposing party is required to
file ‘a response to each numbered paragraph in the
moving party's statement, including, in the case of any
disagreement, specific references to the affidavits, parts of
the record, and other supporting materials relied
upon.'” Id. (citing N.D.Ill. R.
response to Defendants' statement of facts, Page filed a
comprehensive 31-page document entitled
“Plaintiff's LR 56.1(b) Statement of Material
Facts” that contains 47 paragraphs (not including
subparagraphs) and attaches 249 pages of exhibits. (Dkt. 99).
Because Page is proceeding pro se, the Court has
interpreted his response generously and will construe it as
favorably as the record and Local Rule 56.1 permit, to the
extent that he has pointed to admissible evidence in the
record that corresponds to Defendants' facts or could
properly testify himself about the matters asserted. See
Hanners v. Trent, 674 F.3d 683, 691 (7th Cir. 2012);
Sistrunk v. Khan, 931 F.Supp.2d 849, 854 (N.D. Ill.
2013); Fed.R.Evid. 602. With this in mind, the court turns to
the parties' Rule 56.1 submissions.
prisoner Duane Page is incarcerated at the Stateville
Correctional Center. Defs.' SOF, ¶ 1. Defendant
LaTanya Williams is a physician's assistant who works at
Stateville Correctional Center. Id., ¶ 2. Dr.
Saleh Obaisi, who is deceased, was Stateville's Medical
Director at the relevant time. Id., ¶ 3.
Ghaliah Obaisi, Independent Executor of the Estate of Saleh
Obaisi, has been substituted for Dr. Obaisi. Dkt. 117.
September 3, 2014, Page (who was forty-eight years old at the
time) injured his right hand when he fell while playing
basketball and used his hand to brace himself. Defs.'
SOF, ¶ 7. Following his fall, Page told Certified
Medical Technician Barnes that his right wrist was painful.
Id., ¶ 8. Barnes noted a need to rule out wrist
fracture, applied ice, and had Page transported to the
prison's Health Care Unit (“HCU”) for
evaluation. Id. Physician's Assistant LaTanya
Williams evaluated Page after he arrived at the HCU.
Id., ¶ 9. Page complained of a right wrist that
was tender to palpation with decreased range of motion and
strength but with sensation intact. Id. Williams
determined that Page needed to be evaluated for a potential
fracture, ordered an x-ray of the right hand/wrist, and told
Page to return to the HCU after the x-ray had been taken.
Id. She also provided a Toradol injection for pain,
ordered an arm sling and ice, and prescribed Motrin for pain
and inflammation. Id.
received an x-ray the next day, September 4, 2014.
Id., ¶ 10. Dr. Leef (a radiologist) interpreted
the x-ray as showing oblique fractures in good position of
the shafts of the third and fourth metacarpals (bones in the
palm of the hand). Id. Based on these results, staff
physician Dr. Martija ordered Page to be sent to the
emergency room at Presence St. Joseph Hospital for evaluation
and management of a fracture and an orthopedic consult.
Id., ¶ 11. At the emergency room, medical staff
recommended a splint, gave one to Page, and advised him to
ice and elevate the affected area, take pain medication as
necessary, and follow up with an orthopedist or hand doctor.
Id., ¶ 12. A nurse contacted Dr. Obaisi, who
ordered Motrin for pain relief, as well as a temporary low
bunk permit. Id., ¶ 13.
medical records show that as of September 12, 2014, he was
waiting for an outside appointment, and that he was scheduled
to see a Wexford physician on September 15, 2014.
Id. On September 15, 2014, Dr. Obaisi obtained
Wexford's approval, via collegial review, of an external
orthopedic evaluation for Page. Id., ¶ 14.
Security staff could not bring Page for his internal
September 15, 2014 appointment due to a level 4 lockdown so
the appointment was rescheduled to September 22, 2014.
meantime, Page had an appointment with Dr. Obaisi on
September 16, 2014; this was the first time Dr. Obaisi saw
Page's hand injury. Id., ¶ 15. At that
time, Page was wearing a soft cast. Id. Dr. Obaisi
told Page to continue to wear the soft cast and requested a
follow-up visit in two weeks to evaluate the fractures to the
third and fourth metacarpals. Id. On September 16,
2014, Wexford staff emailed an appointment request for an
outpatient visit with the orthopedics department at
University of Illinois Hospital (“UIC”).
Id. Page argues that Dr. Obaisi did not follow up to
ensure that he was able to attend the outside
appointment. Id., ¶ 14. Page had been
scheduled for another appointment with Dr. Obaisi on
September 22, 2014, but on that date, security staff was
again unable to bring him to his appointment due to another
level 4 lockdown.Id., ¶ 17.
September 23, 2014, there was an institutional shakedown at
Stateville. Id., ¶ 18. According to Page,
during the shakedown, correctional officers removed his soft
cast, threw it out, and cuffed his hands behind his back.
Id. Later that same day, Page told a correctional
medical technician that security staff had taken his soft
cast. Id., ¶ 19. This information was
transmitted to Williams, who consulted with Dr. Obaisi, who
ordered another x-ray of Page's right hand and directed
staff to apply another cast. Id.; Dkt. 99, ¶
19. Williams ordered Page to return to the HCU to see Dr.
Obaisi after his x-ray; Page insists that she did not
“immediately” apply another cast. Id.
had the follow up x-ray on September 24, 2014. Dkt. 86,
¶ 20. The radiologist, Dr. Leef, interpreted the x-ray
and opined that the oblique fractures to the third and fourth
metacarpals were “in good position.” Id.
Dr. Obaisi saw Page later that day and noted the x-ray showed
no displacement. Id. During that appointment, Dr.
Obaisi examined Page and noted that Page was able to move his
fingers and wrist well. Dkt. 86, ¶ 20. Dr. Obaisi had a
fiberglass splint made with Page's hand and wrist fixed
in it and requested a follow-up appointment in two weeks.
sister retained Dr. Chen (an outside doctor recommended by
the emergency room doctors who saw Page immediately after his
accident), who subsequently reviewed the September 24, 2014
x-ray. According to Dr. Chen, that x-ray showed
“[m]iminal displacement.” Dkt. 99, Ex. 16, pg.
139. In his declaration, however, Page asserts that Dr. Chen
told his sister that the metacarpals had been “shoved
backwards” in a manner that caused “severe
permanent damage.” Dkt. 99, Ex. 19, ¶ 42.
September 30, 2014, Williams refilled Page's prescription
for Motrin based on a message she received from him stating
that he had run out of pain medication. Dkt. 86, ¶ 21.
This was Williams' last interaction with Page about his
hand injury. Id., ¶ 22.
October 1, 2014, Page had an appointment with Dr. Obaisi to
track the progress of the fractures to his right hand.
Id., ¶ 23. Page's soft splint and a wrap
were in place. Id. To monitor healing of the
fractures, Dr. Obaisi requested another x-ray to the right
hand in 10 days with another follow-up in two weeks.
Id. Due to a series of lockdowns, Page returned to
see Dr. Obaisi on October 27, 2014. Id., ¶ 24.
The requested x-ray had not been completed. Id.
There were no acute findings, and the splint remained in
place. Id. Dr. Obaisi again ordered an x-ray of the
right hand and requested follow-up in one week. Id.
requested x-ray of the right hand took place on October 29,
2014. Id., ¶ 25. Dr. Leef interpreted the x-ray
as showing “relative early callus at healing fractures
of shafts of 3, 4 metacarpals with some angulation at the
base of 4th metacarpal.” Id., citing Dkt. 86-4
at ¶ 414. Page returned to see Dr. Obaisi on November
10, 2014. Id., ¶ 26. During this appointment,
Dr. Obaisi evaluated the condition of his right hand and his
dysphagia (difficulty swallowing). Dr. Obaisi opined that
Page's hand was continuing to heal and ordered follow up
as necessary. Id. Page saw a medical technician on
December 22, 2014, and ...