United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE UNITED STATES DISTRICT JUDGE
matter is before the Court for consideration of Plaintiff
Manith Vilayhong's Motion for Temporary Restraining Order
(“TRO Motion”) filed October 24, 2019. (Doc. 55).
Pursuant to this Court's Order Granting Preliminary
Injunction, entered on September 3, 2019 (Doc. 38), Plaintiff
was referred to Dr. Joos, an ear, nose, and throat
specialist, for evaluation and treatment of an unresolved
bilateral ear infection. Dr. Joos recommended a course of
treatment and re-evaluation “in a couple of
weeks…” if symptoms of pain and drainage
persist. (Doc. 58-3). Plaintiff now seeks further treatment
from Dr. Joos for ongoing symptoms of pain and drainage.
(Id.). He also seeks reassignment to a different
institutional medical provider until these issues are
Court construed Plaintiff's TRO Motion as a Motion for a
TRO and/or Preliminary Injunction and ordered Defendants to
respond by November 1, 2019. (Doc. 56). Defendant Santos
filed a Response on October 30, 2019 (Doc. 58), and Plaintiff
filed Replies/Supplements on November 1, 2019 and November 5,
2019 (Docs. 59 and 61).
following reasons, set forth herein, Plaintiff's Motion
for Temporary Restraining Order (Doc. 55) is GRANTED
in part; Plaintiff's request for follow-up care
with Dr. Joos is granted, and his request for assignment to a
different institutional medical provider is denied.
is an inmate at Centralia Correctional Center
(“Centralia”). He suffers from chronic bilateral
ear infections. (Doc. 14). Antibiotic treatment caused him to
develop thrush. (Id.). Centralia's physician
(Dr. Santos) and health care unit administrator (Nurse
Nalewajka) allegedly delayed or denied him proper medical
care for these conditions. (Id. at p. 12). At
screening, the Court allowed him to proceed with a single
Eighth Amendment claim against both individuals (Count 1).
filed several motions for preliminary injunctive relief
requiring the defendants to send him to an ENT for further
evaluation and treatment of ongoing infection, drainage, and
pain. (See Docs. 10, 12, 34). This Court granted his
motions in an Order dated September 3, 2019, as follows:
Pursuant to Federal Rules of Civil Procedure 65(a) and (d),
Defendants are HEREBY ORDERED to schedule an
appointment on Plaintiff's behalf with an ear, nose, and
throat specialist (“ENT”) for evaluation (and
treatment if so recommended) of his bilateral ear infections,
thrush, and related symptoms; said appointment to take place
within 14 days of the date of this Order.
DEFENDANTS ARE FURTHER ORDERED to file a
written notice advising the Court the date and time of
Plaintiff's appointment with an ENT on or before
September 17, 2019; Defendants shall advise the Court in the
event of any change in the appointment date or time,
indicating all steps taken to reschedule the appointment
(with the same or alternative provider) and all steps taken
to ensure compliance with this Order.
DEFENDANTS ARE FURTHER ORDERED to file a
written notice advising the Court . . . what, if any,
diagnosis and treatment plan was recommended for Plaintiff
and all steps taken to implement the plan for treatment of
his chronic ear infections, thrush, and related symptoms
within fourteen (14) days after Plaintiff's appointment
with an ENT.
(Doc. 38, pp. 3-4). Defendants scheduled Plaintiff's
appointment with an ENT specialist for September 30, 2019 and
took steps to carry out the treatment plan. Plaintiff
nevertheless maintains that he is being denied adequate
TRO Motion (Doc. 55) and Supplements (Docs. 59 and 61),
Plaintiff asserts that Dr. Joos debrided both ears on
September 30, 2019 and recommended a follow-up appointment if
symptoms of pain and drainage persisted. (Doc. 55, p. 4). He
alleges that during a visit with Dr. Santos on October 17,
2019, he complained of ongoing pain and drainage and that Dr.
Santos probed his ears with a Q-tip and extracted blood and a
“whitish-yellowish flaky discharge.”
(Id. at pp. 4, 7-8). When Plaintiff requested a
follow-up appointment with Dr. Joos to address his ongoing
symptoms, Dr. Santos denied his request and assured Plaintiff
that he just had excessive ear wax and nothing more.
October 20, 2019, Plaintiff filed an emergency grievance
complaining of ongoing pain and discharge from his ears and
requesting a follow-up treatment with Dr. Joos. (Id.
at pp. 7-8). The Warden agreed that the grievance presented
an emergency and forwarded it to the health care unit for
review. (Id. at pp. 5-6). However, the grievance was
denied based on Dr. Santos' treatment of Plaintiff and a
documented recommendation for follow-up care with the ENT in
6-8 weeks if symptoms persisted. (Id. at p. 5).
appointment with Dr. Santos on October 24, 2019, Plaintiff
again complained of pain. (Id. at p. 3). Dr. Santos
examined Plaintiff's ears and told him they looked
“clean.” (Id.). When Plaintiff requested
another appointment with Dr. Joos, the request allegedly
prompted Dr. Santos to become angry, ball his fists, and
throw things across the room. (I ...