United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
GILBERT C. SISON, UNITED STATES MAGISTRATE JUDGE
Introduction and Background
before the Court is Defendant Vipin Shah's motion for
summary judgment (Docs. 49, 50 & 53). Plaintiff Juan
Pagan opposes the motion (Doc. 51).Based on the following, 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 (“Robinson”), filed a pro
se lawsuit pursuant to 42 U.S.C. § 1983 for
deprivations of his constitutional rights (Doc. 1). The Court
dismissed without prejudice Pagan's original Complaint
(Doc. 7). Thereafter, he filed an Amended Complaint (Doc. 8).
Specifically, Pagan's Amended Complaint contains
allegations regarding the medical care he received at
Robinson from Dr. Shah for injuries sustained to his left
foot while playing basketball in the yard.
a threshold review of the amended complaint pursuant to 28
U.S.C. § 1915A, Pagan was permitted to proceed on the
Count 1 - Shah was deliberately indifferent
to Pagan's serious medical needs in violation of the
(Doc. 12, p. 3). In the reviewing the Amended Complaint, the
Court summarized the allegations as follows:
On August 28, 2014, Plaintiff played basketball on the yard
at Robinson. (Doc. 8, p. 5). He suffered a severe sprain in
his left foot. (Doc. 8, p. 5). While he received first aid,
he had to wait three days to see a doctor with only an
elastic bandage and OTC pain relievers. (Doc. 8, p. 5).
Plaintiff saw Defendant Shah, who taught Plaintiff how to
avoid putting pressure on his foot. (Doc. 8, p. 5). Shah
provided no other treatment at that time. (Doc. 8, p. 5).
Shah reviewed the x-ray with Plaintiff on September 12, 2014
and told Plaintiff that his foot was not fractured, only
sprained. (Doc. 8, p. 5). Plaintiff alleges that a subsequent
x-ray from March 6, 2015 shows a fracture of the second
metatarsal. (Doc. 8, p. 5).
Although Shah ordered another x-ray on October 24, 2014, he
represented that the x-ray likewise showed no fracture or
dislocation. (Doc. 8, p. 5). It also appears that someone
issued Plaintiff walking crutches and special boots. (Doc. 8,
p. 5). Plaintiff was allowed to keep his job as a porter.
(Doc. 8, p. 5). Plaintiff requested an MRI, but was denied.
(Doc. 8, p. 6). He also requested to see an orthopedic
surgeon for an evaluation, but that request was also denied.
(Doc. 8, p. 6). Plaintiff cannot walk or stand for long
periods of time without pain. (Doc. 8, p. 6). Plaintiff's
foot is also unstable, and he alleges that there is a visible
crack in his middle toe. (Doc. 8, p. 6). Health care has not
addressed Plaintiff's requests for follow up care.
(Doc. 8, p. 6).
moved for summary judgment arguing that he was not
deliberately indifferent to Pagan's medical needs
regarding his left foot. Pagan counters that Shah delayed an
adequate examination of his left foot. He further alleges
that Shah should have sent him to an orthopedic specialist
and for an MRI. Pagan further alleges that Shah failed to
place him on a work medical restriction.
following facts are taken from the record and presented in
the light most favorable to Pagan, the non-moving party, and
all reasonable inferences are drawn in his favor. See
Ricci v. DeStefano, 557 U.S. 557, 586 (2009).
events and facts at issue in this lawsuit as it relates to
Dr. Shah occurred at Robinson from August 2014 to May 2016.
On August 28, 2014, Pagan rolled his ankle while playing
basketball when another inmate stepped on his foot. Pagan was
treated in the healthcare unit within 30 to 45 minutes of his
injury. At the healthcare unit, a nurse treated Pagan. During
this visit, Pagan reported the pain as throbbing. He further
reported that the pain was an 8 out 10 and that his mother
had hit him in the same area with a 2x4 as a child. The nurse
placed an elastic Ace bandage on the foot to stabilize the
swelling, provided cold pack and Tylenol 325 mg for pain,
provided Pagan crutches and told Pagan to elevate the foot
and to follow-up for medical treatment.
returned to the health care unit on August 31, 2014, and
again was seen by a nurse. He reported stabbing and pulling
pain in his left foot with a pain level of 8 to 9 out of 10.
The foot was bruised, swollen, warm to the touch and there
was decreased range of motion. The Ace wrap, cold packs,
crutches and elevation were continued for management of the
swelling. The pain medication was also continued and Pagan
was referred to the medical doctor.
physician's note from August 31, 2014 indicates a left
ankle sprain and a suspected foot contusion. The physician
continued Pagan on the crutches and the Ace wrap, prescribed
Motrin 600 mg for pain, ...