United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL UNITED STATES DISTRICT JUDGE.
matter comes before the Court on the Report and
Recommendation of Magistrate Judge Donald G. Wilkerson, which
recommends denying the Motion for Summary Judgment filed by
Defendant Wexford Health Sources, Inc.
(“Wexford”) (Doc. 79) and the Motion for Summary
Judgment filed by Defendants Kim Butler and Lori Oakley (Doc.
82). For the following reasons, the Court respectfully
rejects the Report and Recommendation and grants both
Scott Hildreth, an inmate of the Illinois Department of
Corrections (“IDOC”) currently incarcerated at
Menard Correctional Center, filed this civil rights lawsuit
pursuant to 42 U.S.C. § 1983 complaining Defendants
violated his constitutional rights. Hildreth is proceeding on
two claims. First, Hildreth claims Defendant Butler, the
former Assistant Warden and Americans with Disabilities Act
(“ADA”) Coordinator at Menard, and Defendant
Oakley, a Grievance Officer, discriminated against him and
denied him reasonable accommodations for his Parkinson's
disease. Specifically, he claims Defendants denied him access
to a typewriter or word processor and/or access to the prison
law library, in violation of the ADA (Doc. 26). Second,
Hildreth claims Defendant Wexford maintains unconstitutional
policies, practices, and customs of intentionally not
refilling its stock of Parkinson's medicine such that
Hildreth's prescriptions can be refilled in a timely
manner (Id.). Hildreth alleges his prescription
medication has run out multiple times and has not been
refilled within a reasonable amount of time, thus causing him
to suffer relapses and withdrawal symptoms (Doc. 26).
Hildreth claims this practice is motivated by Wexford's
deliberate indifference to his and other inmates' medical
needs, which are placed at a lower priority than
Wexford's business interests and profits (Id.).
was diagnosed with Parkinson's disease in 1996 (Doc.
83-1, p. 18). The disease causes Hildreth to lose his
balance, slide out of his chair, and move uncontrollably
(Id., pp. 21-22). It also affects his handwriting
and causes him to “shuffle” when walking or to
freeze up and fall over (Id.).
his handwriting is shaky, Hildreth purchased a typewriter to
keep in his cell in order to write court documents and other
correspondence. In 2012, the prison confiscated his
typewriter because it was considered contraband
(Id., pp. 38-39). Hildreth filed a grievance in July
2012 and sought a permit allowing him to possess the
typewriter and/or a word processor (Id., p. 143).
Grievance Officer Oakley found the grievance moot, stating
the issue was discussed with the prison's ADA
Coordinators, Assistant Warden Butler, Assistant A. Grott,
the Healthcare Unit, and the Warden, and it was determined
that the typewriter would not be returned to Hildreth
(Id., pp. 40, 50, 143). He would, however, be placed
on the automatic call line to the law library when he was 90
days out from a court deadline, he could contact an officer
in emergency situations, and a counselor would be making
increased contact to assist him (Id.).
testified that the counselor did make increased contact with
him, and Defendant Butler gave him three days a week in the
law library from 8 a.m. to 2 p.m. to use the typewriter
(Id., p. 42). On October 30, 2014, Hildreth filed
another grievance stating that he needed staff assistance to
file grievances. In March 2015, Grievance Officer Oakley
reviewed the grievance and found it moot, as Hildreth, at
that point, was already receiving increased law library
access and assistance with his grievances when necessary
9, 2015, Hildreth's extra library access was rescinded
because he was assigned an ADA attendant to help him write
grievances and pleadings (Doc. 83-3). Hildreth went back to
attending the law library about once every other week (Doc.
83-1, pp. 45-49). According to Hildreth, the attendant did
not have his GED, couldn't spell, and his writing was
nearly as sloppy as Hildreth's. Using the attendant is
“not even worth it.” (Id., p. 85). The
current ADA Coordinator, Angela Crain, attested that if
Hildreth does not want to use the ADA attendant, “he
can simply request extra library time again in lieu of the
attendant and the ADA attendant will then be assigned to
another inmate.” (Doc. 83-3).
testified that while he has not missed any court deadlines
and has been able to file motions and complaints without a
typewriter, he is only able to do a portion of what he used
to do, which was spend at least six hours a day working on
court filings in his cell (Id., pp. 52-53).
Meanwhile, other inmates are given time and supplies in their
cells to draft documents, which he cannot do (Id.,
stated that he sued Defendant Butler because he thinks she
improperly denied him access to a typewriter (Id.,
p. 117). He sued Defendant Oakley because she mooted his
grievances, and “[s]he's the only avenue I got to
raise the issues . . . And I think she hasn't done her
job to help me find avenues to-to correct it.”
(Id., p. 119).
alleviate the symptoms of Hildreth's Parkinson's
disease, a prison doctor prescribed Mirapex. According to
Hildreth, Mirapex has made a “day and night”
difference for him (Id., pp. 89, 92). Hildreth takes
Mirapex three times a day and receives his pills monthly,
meaning he receives 90 pills at a time (Id. pp.
is supposed to see the doctor every six months to have his
prescription renewed, but he testified that he thought the
doctor sometimes automatically renewed it (Id., p.
94). To refill his monthly prescription, Hildreth must turn
in the refill sticker within seven days of the end of the
prescription to a nurse or a medic, who then takes it to the
pharmacy (Id., p. 90). Hildreth usually receives his
refill when he has three to five days of medication left
(Id., p. 91). He testified that if the medicine is
not there by then, he knows he's “got
problems.” (Id.). He would tell his gallery
officer, who would then instruct him to tell the nurse on
duty; however, the nurses would tell him to wait and see if
it comes in time (Id.). If the Mirapex did not come
in time, then he would file a grievance (Id.).
Hildreth testified he would begin experiencing withdrawal
symptoms the second day, “if not late in the first day,
” without his medication (Id., pp. 95-96).
to Hildreth, his Mirapex prescription lapsed “at least
three times” (Id., pp. 93, 103). The longest
amount of time he went without Mirapex was at least ten days.
(Id., p. 95). Without his medication, Hildreth
experiences hot flashes, poor balance, stiffness, ticks and
shakiness, and his gait becomes shuffled. He has freezing
episodes, where his body can't move, so he stays in his
cell and eats food from the commissary rather than walking to
chow for meals (Id., p. 98).
record contains three grievances in which Hildreth complained
of a lapse in receiving his Parkinson's medication.
Hildreth testified that he wrote a grievance dated April 8,
2014, stating he was out of his Parkinson's medication
again. The grievance was determined by the Warden to be an
emergency (Doc. 83-1, p. 72). The Warden responded that the
Healthcare Unit said Hildreth was seen on the doctor call
line on April 9, 2014, and that his medication was renewed
for one year (Id.). Hildreth explained that while
his prescription may have been renewed on that date, he would
not have received it that day. Rather, it would have been
ordered on April 9 to be received later (Id., p.
wrote a second grievance regarding his Mirapex prescription
on October 25, 2014 (Id., p. 76). Within this
grievance, Hildreth stated he was about to run out of his
prescription for Mirapex, which can cause adverse side
effects (Doc. 46-6). Hildreth testified he probably had two
or three days' worth of medication left when he wrote the
grievance (Doc. 83-1, p. 100). The Warden expedited this
grievance as an emergency (Doc. 46-6). The Grievance Officer
then contacted the Healthcare Unit, which stated that
Hildreth received his Mirapex on October 30, 2014 (Doc. 83-1,
third grievance is dated November 16, 2015 (Doc. 43-4).
Hildreth wrote that he had been out of his Parkinson's
medication since November 13 (Id.). The Warden
determined that this grievance would be handled on an
expedited basis, and the Grievance Officer responded on
November 23, 2015, finding the grievance moot (Doc. 43-5).
The Healthcare Unit Administrator had advised the Grievance
Officer that Hildreth's non-formulary prescription had
expired and the request to continue using Mirapex was sent to
the pharmacy (Id.). The Healthcare Unit was
“waiting to hear back.” (Id.). The
Warden concurred in the decision on November 25, 2015
(Id.). The record is silent as to when Hildreth
received his prescription.
also supplied the Court with an affidavit from Michael
McGowan, a fellow inmate at Menard who lived in the same
gallery as Hildreth. McGowan attests that he overheard
conversations between Hildreth and who he believed to be
Wexford nurses on two occasions (Doc. 84-3). The contents of
these conversations are inadmissible hearsay, however, and
may not be relied upon to defeat summary judgment.
See Fed. R. Evid. 802; Fed.R.Civ.P. 56(c)(4);
Maddox v. Jones,370 Fed.Appx. 716, 720 (7th Cir.
2010) (citing Haywood v. Lucent Technologies, Inc.,
323 F.3d 524, 533 (7th Cir. ...