Barboza v. Wexford Health Sources, Inc. et al

Filing 145

MOTION by Defendant Bessie S. Dominguez for judgment Defendant Bessie S. Dominguez's Motion for Summary Judgment as to Plaintiff's Second Amended Complaint (Tengesdal, Robert)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
WESTERN DIVISION
JUAN BARBOZA,
Case No. 17 CV 50002

Plaintiff,

Honorable Thomas M. Durkin

v.

Honorable Lisa A. Jensen

JAMES A. CARUSO, BESSIE S.
DOMINGUEZ, SUSAN M. TUELL,
JAMIE A. MAGNAFICI (AKA JAMIE
A. MONK), JANE DOE NURSES, and
WEXFORD HEALTH SOURCES, INC.,

JURY TRIAL REQUESTED

Defendants.
DEFENDANT, BESSIE S. DOMINGUEZ’s, MOTION FOR SUMMARY
JUDGMENT AS TO PLAINTIFF’S SECOND AMENDED COMPLAINT
NOW COMES Defendant, BESSIE S. DOMINGUEZ (“Dr. Dominguez”), through her
attorneys, BOLLINGER CONNOLLY KRAUSE LLC, and pursuant to Fed. R. Civ. P. 56, for her
Motion for Summary Judgment as to Plaintiff’s Second Amended Complaint (Dkt. 80), states as
follows:
1.

On or about May 10, 2018, Plaintiff filed his Second Amended Complaint seeking

money damages pursuant to 42 U.S.C. § 1983 et seq, relative to Defendants, Bessie S. Dominquez,
James A. Caruso, Susan M. Tuell, and Jamie A. Magnafici (a/k/a Jamie A. Monk’s), alleged
deliberate indifference to his serious medical needs. (Dkt. 80).
2.

As to Dr. Dominguez, Plaintiff alleges in his Second Amended Complaint that the

actions of Dr. Dominguez “exhibited deliberate indifference to Mr. Barboza’s serious medical
needs, were performed under color of state law, and violated Mr. Barboza’s rights under the Eighth
and Fourteenth Amendments to the U.S. Constitution.” (Dkt. 80, ¶ 117).

1

3.

Plaintiff further alleges that he exhausted his administrative remedies against Dr.

Dominquez. (Dkt. 80, ¶ 19).
4.

However, discovery in the instant matter has determined that treatment for

Plaintiff’s spider bite was appropriate, ongoing, within the standard of care, and based upon
independent medical judgment, and that Plaintiff was not denied or delayed appropriate medical
care or access to a physician. See Defendant Dr. Dominguez’s L.R. 56.1 Statement of Facts.
Further, discovery has determined that Plaintiff has not exhausted his administrative remedies
against Dominquez. Id.
5.

All fact and expert discovery has been completed in this case.

6.

Based upon the undisputed material facts and exhibits, Dr. Dominguez is entitled

to judgment as a matter of law, as Plaintiff has not produced sufficient medical evidence to suggest
that the treatment of his medical condition rose to the level of deliberate indifference, nor has
Plaintiff produced sufficient evidence to support his allegations that he exhausted all
administrative remedies against Dr. Dominquez pursuant to 42 USCS § 1997e(a).
7.

In support of this Motion, Dr. Dominguez has filed an accompanying Memorandum

of Law in Support of Summary Judgment as to Plaintiff’s Second Amended Complaint and a
required Local Rule 56.1(a) Statement of Uncontested Material Facts with accompanying Exhibits.
WHEREFORE, Defendant, BESSIE S. DOMINGUEZ, prays that this Honorable Court
enter an Order granting Summary Judgment pursuant to Fed. R. Civ. P. 56 in her favor and against
Plaintiff, JUAN BARBOZA, as there remains no genuine issue of material fact to be determined,
thereby entitling her to Judgment as a Matter of Law and for costs and such other relief that this
Honorable Court may allow.

2

Respectfully Submitted,
BESSIE S. DOMINGUEZ
By:_/s/Anthony M. DeLongis
Attorney for Defendant

Robert S. Tengesdal (#6288650)
Anthony M. DeLongis (#6326808)
BOLLINGER CONNOLLY KRAUSE LLC
500 West Madison Street
Suite #2430
Chicago, IL 60661
Ph: [phone]
[e-mail]
[e-mail]

3

CERTIFICATE OF SERVICE
I hereby certify that on August 15, 2019, I caused the foregoing document to be filed
electronically with the Clerk of the Court through ECF and to be served upon all counsel of record
by filing the same with the CM/ECF system.
By:___/s/Anthony M. DeLongis

4