United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL, CHIEF U.S. DISTRICT JUDGE.
before the Court is the Report and Recommendation of
Magistrate Judge Mark A. Beatty (Doc. 201), which recommends
the undersigned grant the Motion for Summary Judgment filed
by Defendants Harry Allard, Sherry Benton, Jeffery Dennison,
Stephen Engler, Deda Millis, Karen Smoot (“IDOC
Defendants”) (Doc. 180) and grant in part and deny in
part the Motion for Summary Judgment filed by Defendants
Thomas Burrell and Alfonso David (“Wexford
Defendants”) (Doc. 182). Both Plaintiff Charles Dent
and the Wexford Defendants filed timely objections to the
Report and Recommendation (Doc. 202, 203). For the reasons
set forth below, the Court adopts the Report and
Recommendation in part, respectfully rejects it in part, and
grants summary judgment to all Defendants.
Dr. Alfonso David
Charles Dent is an inmate in the Illinois Department of
Corrections. In May 2016, Dent was transferred to Shawnee
Correctional Center from Big Muddy Correctional Center (Doc.
183-3 at p. 7). On May 10, 2016, a nurse at Big Muddy filled
out an Offender Health Status Transfer Summary in which it
was noted that Dent had a history of migraines (Doc. 183-5 at
p. 114). Two days later, an intake nurse at Shawnee completed
an intake chart review, which noted no chronic medical
conditions and no medical referrals (Id. at p. 115).
In the section for “Other Referrals/Interventions,
” the note stated “Buspar 20 mg PO" MS thru
9/7/16.” It then listed Defendant Dr. Alfonso
David's name and his signature, which Dr. David attested
meant he had reviewed the intake note and recommendation
(Doc. 183-2 at p. 11).
first time Dent's history of migraines appears in his
medical records after his transfer to Shawnee was on July 16,
2016, when a nurse noted that Dent self-reported having
chronic migraines and an Excedrin prescription that had run
out (Doc. 183-5 at p. 118). The nurse prescribed
acetaminophen 325 mg for Dent to use as needed for pain
August 9, 2016, Dr. David reviewed Dent's chart and
recommended that Dent continue to use over-the-counter
medications and continue treatment protocols as needed
(Id. at p. 121). On August 19, 2016, Dent was seen
by another physician, Dr. Coe (Id. at p. 121). The
medical record from that visit includes a note that,
“per HCUA, ” Dent suffered from chronic migraines
and requested Excedrin (Id.). Dr. Coe educated Dent
on migraines, prescribed Excedrin Migraine, and referred Dent
to see Dr. David for follow-up (Id.). He also
suggested a few different medications for Dent's chronic
September 12, 2016, Dr. David examined Dent based on Dr.
Coe's referral (Id. at p. 122). Dent
subjectively reported experiencing chronic migraines on his
right side one to two times per week, the pain from which are
relieved by Excedrin (Id.; Doc. 183-2 at ¶ 18).
Based on Dent's subjective complaints and Dr. David's
evaluation, Dr. David determined that Dent experienced
chronic migraine headaches and prescribed Excedrin Migraine
for two months with three refills (Id.).
David attested that he was not made aware of Dent's
requests for Excedrin Migraine until he saw Dent for the
first time in September 2016 (Doc. 183-2 at ¶ 17). Dent
testified, however, that he sent Dr. David “a couple
letters and requests asking him to renew” his Excedrin
prescription for his migraines, but he never received a
response (Doc. 183-3 at p. 31). Dent further disputes Dr.
David's testimony that he was not aware of Dent's
history of migraines when Dr. David attested that he reviewed
Dent's medical records and completed a chart review on
August 9, 2016.
Dr. Thomas Burrell
Thomas Burrell, a licensed dentist employed at Shawnee
Correctional Center, examined Dent for tooth pain in the area
of tooth #31 on July 15, 2016 (Doc. 183-1 at ¶¶ 3,
11). Dent informed Dr. Burrell at that visit that he has a
history of periodontal disease and has had 15 teeth extracted
(Doc. 183-3 at p. 20). During the examination, Dr. Burrell
observed that tooth #31 was moving, which is an indication of
periodontal disease (Doc. 183-4 at p. 18). He also noticed
that the gums around the tooth appeared to be infected (Doc.
203-1 at ¶ 11). Dr. Burrell testified that severe tooth
mobility means the tooth needs to be extracted (Doc. 183-4 at
p. 18). He further testified that there was no need to do
percussion testing-a test performed to determine whether a
root canal is feasible-because the tooth was moving
there was an infection present, Dr. Burrell testified that
Dent did not have an abscess (Doc. 203-1 at ¶ 11; Doc.
183-4 at 32). Dent's dental record from July 15, 2016,
also does not mention an abscess (Doc. 183-5 at p. 255). Dent
disputes this testimony, however, testifying that Dr. Burrell
diagnosed him with an abscess and told him the tooth needed
to be removed (Doc. 193 at p. 65; Doc. 183-3 at p. 11). Dr.
Burrell gave Dent a prescription for Amoxicillin to treat the
infection and ibuprofen 400mg for his pain (Doc. 203-1 at
¶ 11). Dr. Burrell also put Dent on the prison's
extraction list (Doc. 183-4 at p. 19). Dr. Burrell attested
that it is common practice to treat an infection with an
antibiotic prior to extracting a tooth, as it can be
difficult to numb the area if an infection is present (Doc.
203-1 at ¶ 12).
Burrell saw Dent at regular dental call lines between July 16
and August 5, 2016 (Id. at ¶ 14). His tooth was
not extracted at these appointments, however, as extractions
are not scheduled during the dental call line (Id.).
Burrell examined Dent on August 5, 2016, and gave him pain
medication, though Dr. Burrell did not believe Dent was
actually in pain anymore (Doc. 183-4 at p. 19). There was no
sign of infection at that time (Id. at p. 20). Dr.
Burrell told Dent to get his teeth cleaned, then let him know
about his discomfort level (Doc. 183-5 at p. 55). That same
day, Dent filed a grievance against Dr. Burrell for putting
him on a waiting list to have his tooth extracted after
previously telling him that his tooth was abscessed (Doc. 193
at p. 65).
testified that on August 15, 2016, Dr. Burrell verbally
informed Dent that he would extract the tooth because he was
upset about a grievance being filed against him.
(Id. at p. 15). Dr. Burrell told Dent: “Since
[you're] considered special, [I] will extract the tooth
today.” (Id.). Tooth #31 then was extracted
under anesthesia (Doc. 203-1 at ¶ 15). Dent testified
that the extraction took 40 to 45 minutes due to his tooth
breaking in separate pieces (Doc. 183-3 at p. 16).
Burrell attested that he did not diagnose an abscess on tooth
#31 prior to extracting it (Id. at ¶ 29).
Instead, he believed tooth #31 showed signs of an infection,
which was treated with antibiotics and pain medication
(Id.). He further attested that, although he is now
aware that Dent filed several grievances related to his
dental care, he was not aware of ...