United States District Court, S.D. Illinois
REPORT AND RECOMMENDATIONS
A. BEATTY UNITED STATES MAGISTRATE JUDGE.
matter has been referred to United States Magistrate Judge
Mark A. Beatty by United States District Judge Staci M.
Yandle pursuant to 28 U.S.C. § 636(b)(1)(B), Federal
Rule of Civil Procedure 72(b), and SDIL-LR 72.1(a) for a
Report and Recommendation on the Defendants Michael
Moldenhauer and John Trost's motion for summary judgment
(Doc. 48) and Defendant Jacqueline Lashbrook's motion for
summary judgment (Doc. 53). It is recommended the District
Court adopt the following findings of fact and conclusions of
law, and Defendants Moldenhauer and Trost's motion for
summary judgment (Doc. 48) be GRANTED and
Defendant Lashbrook's motion for summary judgment (Doc.
53) be GRANTED.
Robert Chapman, an inmate currently incarcerated at Menard
Correctional Center (“Menard”), brings this
pro se action pursuant to 42 U.S.C. § 1983 for
alleged deprivations of his constitutional rights that
occurred at Menard. Following the Court's threshold
review of Plaintiff's complaint pursuant to 28 U.S.C.
§ 1915A, the Court allowed Plaintiff to proceed on an
Eighth Amendment claim against Nurse Practitioner
(“NP”) Moldenhauer and Dr. Trost and divided
Plaintiff's pro se action into the following
Count 1: Defendants have been deliberately indifferent to
Plaintiff's medical needs, in violation of the Eighth
Amendment, when they failed to provide him with adequate
medical care for his chronic abdominal pain and diabetes
Court then directed count 1 to proceed against NP Moldenhauer
and Dr. Trost in their individual capacities only and
directed the Clerk to add the Warden of Menard (“Warden
Lashbrook”) as a party Defendant in her official
Findings of Fact
in the light most favorable to the nonmoving party, the
evidence and the reasonable inferences that can be drawn from
it establish the following relevant facts for purposes of the
instant summary judgment motions.
claim against NP Moldenhauer concerns the treatment rendered
on August 5, 2016 (Doc. 49-5, 35:5-10). On June 14, 2016,
while working in Menard's health care unit
(“HCU”), NP Moldenhauer treated Plaintiff for
abdominal pain and hypertension (Doc. 49-2; 49-3,
¶¶ 8-9). During the examination, Plaintiff reported
intermittent abdominal pain for the five previous weeks with
the pain being 7/10 at its worst and reported small bowel
movements (Id.; Id. at ¶10). After the
examination, NP Moldenhauer concluded Plaintiff was
experiencing constipation, ordered him milk of magnesia along
with a KUB x-ray, then instructed Plaintiff to return in one
week (Id.; Id. at ¶11). Plaintiff a
week later returned to the HCU for his follow-up and NP
Moldenhauer examined Plaintiff's abdomen noting it to be
soft to touch and noted normal bowel sounds (Id.;
Id. at ¶13). NP Moldenhauer also examined
Plaintiff's lungs through observation, palpation,
percussion, and auscultation noting normal findings (Doc.
49-2; 49-3 ¶13). During the examination, Plaintiff
reported ongoing abdominal pain in the right upper quadrant
so to treat, NP Moldenhauer ordered “testing consisting
of a chest x-ray, complete blood count (“CBC”),
comprehensive metabolic panel (“CMP”),
urinalysis, and amylase lipase.” (Id.;
Id. at ¶14).
22, Dr. Ha of One Radiology reviewed the results from
Plaintiff's KUB x-ray and reported “visualized
bowel gas pattern in unremarkable” and there was
“no plain film evidence for small bowel
obstruction.” (Id.; Id. at ¶15).
On June 26, NP Moldenhauer examined Plaintiff for complaints
of polydipsia/frequent voiding and possible diabetic issues
(Id.; Id. at ¶16). Based upon
Plaintiff's recent accu check score of 317 and
Plaintiff's reports related to his history of diabetes,
NP Moldenhauer ordered a Hemoglobin A1C test then instructed
Plaintiff to follow up in a week. (Id.; Id.
at ¶17). On June 30, NP Moldenhauer reviewed Dr.
Austin's report regarding Plaintiff's chest x-ray
(Doc. 49-2; 49-3, ¶18). In the report, Dr. Austin noted
“there is no focal consolidation, pleural effusion, or
pneumothorax[, ]” and that “the cardiac
silhouette and pulmonary vascularity are within normal
limits[, ]” and “the visualized osseous
structures are unremarkable.” (Id.;
8, NP Moldenhauer examined Plaintiff for a follow-up visit
concerning Hemoglobin A1C testing and constipation
(Id.; Id. at ¶17). As of this date,
medical personnel had not drawn Plaintiff's A1C
(Id.; Id. at ¶20). After examining
Plaintiff, NP Moldenhauer noted Plaintiff was still
experiencing constipation and to treat ordered Plaintiff
Fibercon tablets for one month and Pepcid (20 mg)
(Id.; Id. at ¶21). NP Moldenhauer also
ordered a urinalysis for Plaintiff and directed Plaintiff to
follow up in one month. (Doc. 49-2; 49-3, ¶21).
August 5, NP Moldenhauer examined Plaintiff for a follow-up
visit concerning his abdominal pain, constipation, and
testing for diabetes (Id.; Id. at
¶21). NP Moldenhauer informed Plaintiff the test results
indicated he had diabetes and then examined Plaintiff's
feet for any signs of open skin or ulcers but found none
(Id.; Id. at ¶23). NP Moldenhauer then
ordered the following for Plaintiff:
(1) Ordered Metformin medication (1000 mg); (2) Referred
Plaintiff to the diabetes chronic clinic; (3) Ordered regular
accu check's to be performed three times per week for
three weeks; (4) Ordered therapeutic lotion (aka Hydrocerin)
for Plaintiff's feet; and (5) Glipizide (2.5 mg).
(See Exhibit 1, MCC MEDICAL 000664 and 000740;
see also Exhibit 2, ¶ 24). NP Moldenhauer also
instructed Plaintiff to ...