United States District Court, S.D. Illinois
HARLEY T. MILLER, Plaintiff,
JOHN COE, Defendant.
MEMORANDUM AND ORDER
M. YANDLE United States District Judge
Harley Miller, an inmate in the custody of the Illinois
Department of Corrections (“IDOC”), filed this
lawsuit pursuant to 42 U.S.C. § 1983, alleging that he
was provided inadequate medical care when he was incarcerated
at Lawrence Correctional Center (“Lawrence”). He
proceeds against Defendant Dr. John Coe on a deliberate
indifference claim for his alleged failure to properly
diagnose and treat Miller's complaints of abdominal pain
and rectal bleeding, and concerns regarding a mass on his
pending before the Court is Defendant's Motion for
Summary Judgment (Doc. 52). Plaintiff filed a response (Doc.
For the following reasons, Defendant's Motion for Summary
Judgment is GRANTED. Insofar as Plaintiff
moves to strike Defendant's undisputed material facts for
non-compliance with Federal Rule of Civil Procedure 56, his
request is DENIED.
Harley Miller was incarcerated at Lawrence from August 2013
to May 2016 (Second Amended Complaint, Doc. 46, ¶ 13).
In June 2014, Miller began experiencing abdominal pain and
rectal bleeding (Deposition of Harley Miller, Doc. 53-4 at
3). He was seen at nurse sick call for these complaints on
June 17, 2014 (Doc. 53-1 at 1) and was referred to a doctor
or nurse practitioner (Id.).
was examined by Nurse Practitioner Phillipe on June 19, 2014
and diagnosed with epigastric pain (Deposition of Dr. Coe,
Doc. 53-3 at 12-13; Doc. 53-1 at 2). Phillipe prescribed
Zantac and ordered a Complete Blood Count (CBC) and an H.
Pylori test (Id.). The H. Pylori test indicated a
borderline infection and Miller was prescribed antibiotics to
treat the same (Doc. 53-3 at 14; Doc. 53-1 at 3, 39-40, 43).
first saw Miller for complaints of rectal bleeding on July
28, 2014 (Doc. 53-3 at 8; Doc. 53-1 at 4). He performed a
physical examination and noted tenderness in Miller's
right lower abdomen and anal canal (Doc. 53-3 at 8-9; Doc.
53-1 at 4). Miller's stools were black and his guaiac
test (test for blood in the stool) was positive
(Id.). Dr. Coe diagnosed Miller with an upper
gastrointestinal (“GI”) bleed and prescribed him
Prilosec (Doc. 53-3 at 9; Doc. 53-1 at 4). Dr. Coe ruled out
diverticulitis, hemorrhoids, and rectal polyps as the cause
of Miller's rectal bleeding due to the color of the blood
in his stools (Doc. 53-3 at 10).
nurse sick call visits for complaints of abdominal pain and
constipation on August 1, 2014 and August 2, 2014, Miller was
placed in the infirmary for observation on Dr. Coe's
orders (Doc. 53-3 at 17-18; Doc. 53-1 at 5-7). Dr. Coe also
gave verbal orders to issue Milk of Magnesia (a laxative and
antacid used to treat constipation), and Norco (an opioid
medication for moderate to severe pain) for Miller (Doc. 53-3
at 18; Doc. 53-1 at 7). Miller had a large bowel movement on
August 3, 2014 and was released from the infirmary that day
(Doc. 53-3 at 19; Doc. 53-1 at 7).
next saw Dr. Coe on August 19, 2014, and again complained of
rectal bleeding and abdominal pain (Doc. 53-3 at 20; Doc.
53-1 at 8). Dr. Coe noted that Miller's vital signs and
iron levels were normal and that his weight and blood count
were stable (Id.). Miller had minimal rectal pain
during his exam and his guaiac was negative (Id.).
Based on his examination, Dr. Coe suspected Miller had
irritable bowel syndrome (“IBS”) and prescribed
Bentyl, 10 milligrams, four times per day for one month
(Id.). Dr. Coe did not address Miller's
complaints of rectal bleeding in light of his negative guaiac
saw Dr. Coe for a follow-up exam on September 19, 2014 (Doc.
53-3 at 21; Doc. 53-1 at 10). Dr. Coe noted that Miller was
mistrustful of his medical care (Id.). Miller
indicated that the Bentyl was effective at addressing his
pain, but still complained of rectal bleeding (Id.).
Dr. Coe found that he had a palpable mass in his left abdomen
that was tender (Id.). He ordered a CBC, an iron
profile, and Complete Metabolic Panel (“CMP”) to
determine if there was a drop in Miller's blood count or
iron level, which would indicate blood loss (Id.,
Doc. 53-3 at 22). He also prescribed Bentyl, 10 milligrams,
four times per day for six months, and Fiberlax (Doc. 53-3 at
21; Doc. 53-1 at 10).
saw Dr. Coe again on October 15, 2014 for complaints of pain
in his left lower abdomen (Doc. 53-3 at 23; Doc. 53-1 at 11).
He reported that his bowel movements were normal and that the
Bentyl was working, but he needed to take more than the
prescribed amount to get relief (Doc. 53-3 at 23; Doc. 53-1
at 11). Dr. Coe noted that the labs ordered the previous
month had not been completed, so he reordered them
(Id.). He also increased Miller's Bentyl to 20
milligrams, three times per day for six months, and ordered
an x-ray of Miller's abdomen (Id.).
followed up with Miller on October 23, 2014 (Doc. 53-3 at 25;
Doc. 53-1 at 12). Miller was experiencing continued pain in
his abdomen despite reporting that the Bentyl was working.
Dr. Coe noted a palpable left elongated structure in his
lower left quadrant that was mildly tender when pressed
(Id.). He determined that the elongated structure
was stool in Miller's colon after a review of his
abdominal x-ray, and prescribed Enulose (a laxative) to treat
his constipation (Doc. 53-3 at 25; Doc. 53-1 at 14).
Miller's lab results, including his hemoglobin level and
iron levels, were stable (Doc. 53-3 at 25; Doc. 53-1 at 13).
Dr. Coe again concluded that Miller suffered from IBS with
a subsequent exam with Dr. Coe on December 16, 2014, Miller
requested a consultation with a GI specialist (Doc. 53-3 at
29; Doc. 53-1 at 17). He was complaining of mild right
abdominal pain with loose stools (Id.). Dr. Coe
conducted a physical examination and again determined that
Miller suffered from IBS (Id.). Miller was scheduled
to be seen in a chronic care clinic in February 2015 for a
blood draw, and Dr. Coe ordered that he undergo an H. Pylori,
“sed rate”, and iron level test, and a CBC during
that visit (Id.).
February 18, 2015, Miller was seen at nurse sick call for
complaints of scrotal pain (Doc. 53-1 at 18). He indicated
that the pain had been present for the last 12 days
(Id.). The nurse noted that Miller's left
testicle was tender and referred him to a doctor
(Id.). Per the nurse's referral, Miller was seen
by Dr. Coe on February 20, 2015 (Doc. 53-3 at 29; Doc. 53-1
at 19). Miller told Dr. Coe that he had suffered testicular
pain since October 2014 and “put in multiple
complaints” concerning the same (Id.). Dr. Coe
reviewed Miller's chart and found no notation of any such
complaints, but upon examination, noted ...