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Chapman v. Moldenhauer

United States District Court, S.D. Illinois

August 6, 2019

ROBERT CHAPMAN, Plaintiff,
v.
MICHAEL MOLDENHAUER, JOHN TROST, and JACQUELINE LASHBROOK, Defendants.

          REPORT AND RECOMMENDATIONS

          MARK A. BEATTY UNITED STATES MAGISTRATE JUDGE.

         The 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.

         I. Background

         Plaintiff 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 single count:

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 related issues.

         The 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 capacity only.

         II. Findings of Fact

         Construed 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.

         A. NP Moldenhauer

         Plaintiff's 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).

         On June 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.; Id.).

         On July 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).

         On 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, ΒΆ 24). NP Moldenhauer also instructed Plaintiff to ...

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