United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL CHIEF U.S. DISTRICT JUDGE
before the Court is Defendant Vipin Shah’s motion for
summary judgment (Doc. 75). Plaintiff Avery Singleton opposes
the motion (Docs. 80, 81). For the reasons set for the below,
the Court grants the motion for summary judgment.
a former inmate of the Illinois Department of Corrections
(“IDOC”) who was incarcerated in Robinson
Correctional Center, filed a pro se lawsuit pursuant
to 42 U.S.C. § 1983 for deprivations of his
constitutional rights (Doc. 1). Specifically, Singleton
complains about the medical care he received at Robinson from
Defendant Dr. Shah for his back, neck, and knees resulting
from an accident while he was a passenger on the Cook County
Jail’s transportation bus.
threshold review of the complaint pursuant to 28 U.S.C.
§ 1915A, Singleton was permitted to proceed on one claim
of Eighth Amendment deliberate indifference claim against Dr.
Shah for refusing to examine his knees, back, or neck despite
his complaints of severe pain. (Doc. 7, ps. 5-7).
Shah now moves for summary judgment, arguing that he was not
deliberately indifferent to Singleton’s medical needs
regarding his back, neck, or knees. Singleton counters that
Dr. Shah delayed an adequate examination and should have
examined him to find the “root” of his problem.
following facts are taken from the record and presented in
the light most favorable to Singleton, the non-moving party,
and all reasonable inferences are drawn in his favor. See
Ricci v. DeStefano, 557 U.S. 557, 586 (2009).
events at issue in this lawsuit as it relates to Dr. Shah
occurred at Robinson from August 2016 to March 2017.
According to Singleton’s medical records, he has been
diagnosed with lumbago (low back pain) with an onset date of
May 31, 2012, and osteoarthritis of the spine and knee with
an onset date of June 16, 2015.
21, 2016, Singleton was involved in a bus accident. As a
result of that accident, Singleton alleged he experienced
neck, knee, and back pain. On July 8, 2016, Singleton was
seen by Physician Assistant Carlos Altez; he complained of
neck, knee, and lower back pain as a result of the bus
the month of July, Singleton was transferred to Stateville
Correctional Center NRC (“Stateville”). On August
3, 2016, Singleton was transferred back to Robinson. Three
days later, Singleton reported to a nurse sick call for pain
in his neck, knee, and back, as well as other issues.
saw Shah on August 16, 2016. Singleton claims Shah asked him
questions about his pains. Shah then looked at his medical
records, re-prescribed the ibuprofen that Stateville
previously prescribed, and requested Singleton’s
medical file from Cook County. Shah’s notes from this
visit indicate that Singleton’s vitals were normal and
he had no acute distress. Singleton was able to walk, sit,
stand, and move around with no signs of a medical issue.
(Doc. 76-2 at p. 14). Singleton said Shah told him he could
not do anything until Shah got the medical records from Cook
next saw Singleton on August 25, 2016, for pain in his right
hand and for an ear infection. (Id. at p. 18).
During this visit, Singleton asked about the medical records
from Cook County Jail. Singleton claimed Shah told Singleton,
“The medical records say there was no signs of trauma.
So I am not going to see you about those problems.”
(Doc. 80, p. 7). Shah examined his hand and ear, prescribed
him a low bunk permit as to not put weight on his hand, and
continued him on ibuprofen (Doc. 76-2 at p. 18). Shah also
told Singleton to lose weight to help alleviate any pressure
he is placing on his hand. (Id.).
September 2, 2016, Singleton was transferred to Stateville
for an upcoming court date. Singleton returned ...