Jones v. Lenear et al
Filing
95
ORDER GRANTING 79 MOTION for Summary Judgment filed by K. Blevins, John Coe, and 77 MOTION for Summary Judgment filed by Benjamin Vaughn, Jordan Lenear. The Clerk of Court is directed to enter judgment in favor of Defendants Lenear, Vaughn, Coe, and Blevins, and against Plaintiff. Signed by Magistrate Judge Reona J. Daly on 3/20/2020. (nmf)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KEIAHTY JONES,
Plaintiff,
v.
JORDAN LENEAR, DR. JOHN COE,
BENJAMIN VAUGHN, and KEVIN
BLEVINS,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
Case No. 17-cv-302-RJD
ORDER
DALY, Magistrate Judge:
Plaintiff Keiahty Jones, an inmate in the custody of the Illinois Department of Corrections
(“IDOC”), filed this lawsuit pursuant to 42 U.S.C. § 1983 alleging his constitutional rights were
violated while he was incarcerated at Lawrence Correctional Center (“Lawrence”). Generally,
Plaintiff alleges he was forced to perform job duties that he was not physically able to complete
due to back spasms and, as a result, he fell and suffered injuries to his head and other parts of his
body.
Plaintiff is proceeding on the following claims, as identified in his First Amended
Complaint:
Count One:
Defendants Lenear and Vaughn acted with deliberate indifference to
Plaintiff’s serious medical needs involving his back spasms in violation of
the Eighth Amendment.
Count Two:
Defendants Coe and Blevins acted with deliberate indifference to Plaintiff’s
serious medical needs related to his fall that occurred in December 2015.
Count Three: State law claim for intentional infliction of emotional distress against
Defendants Lenear, Vaughn, Coe, and Blevins.
Defendants filed motions for summary judgment (Docs. 77 and 79) that are now before the
Page 1 of 13
Court. For the reasons set forth below, Defendants’ Motions are GRANTED.
Factual Background
At all times relevant to the complaint in this matter, Plaintiff was incarcerated at Lawrence
Correctional Center (“Lawrence”) (Deposition of Keiahty Jones, Doc. 78-1 at 4). Prior to the
incident alleged in his complaint, Plaintiff suffered from back pain and back spasms (Id. at 3-4,
15). Plaintiff had been prescribed Naproxen for his pain prior to the incident giving rise to this
complaint (Id. at 22). The allegations in the complaint relate to events that began on December 26,
2015 at Lawrence. On that date, Plaintiff was working as a breakfast porter, as he had for the
preceding months (Id. at 15). As a breakfast porter, Plaintiff was charged with going to dietary
around 4:00 a.m., bringing the breakfast trays to the cellhouse, and then passing the trays out to the
inmates (Id.). On the date of the incident, Plaintiff knew his back was “flaring up” and he was
about to have a spasm (Id. at 15-16). Plaintiff told Defendant Lenear about his back, and
Defendant Lenear told Plaintiff he had to go to work or he would be disciplined (Id. at 16).
Plaintiff did not have paperwork showing he could not work (Deposition of Jordan Lenear, Doc.
78-2 at 9). Plaintiff told Lenear to get a supervisor (Doc. 78-1 at 35). Defendant Lenear spoke
with Defendant Lt. Vaughn, his supervisor, on the phone (Doc. 78-2 at 9). Vaughn recalls having
a conversation with Lenear in which Lenear indicated he had an offender who was having some
back problems and did not want to work (Deposition of Benjamin Vaughn, Doc. 78-3 at 8).
Vaughn told Lenear that if Plaintiff did not have a medical lay-in or note from his doctor
precluding him from work, he would receive a minor ticket for failure to report (Id. at 9). Vaughn
testified that the first offense on such a ticket would typically result in a verbal reprimand, as
would a second ticket, while a third ticket for this offense would typically result in removal from
the inmate’s job assignment (Id.).
Page 2 of 13
Plaintiff testified that after Lenear spoke with Defendant Vaughn, Lenear advised Plaintiff
that he had to go to work or he would go to segregation (Doc. 78-1 at 16). Plaintiff then got ready
for work and went to the kitchen (Id.). Plaintiff pushed the cart, which held approximately 300
breakfast trays, from the kitchen to the housing unit (Id.). Plaintiff testified that after he returned
to the housing unit, he told another correctional officer, as well as Defendant Lenear, that his back
was hurting (Id.). Plaintiff told Lenear he needed to go to healthcare (Id.). Lenear indicated
Plaintiff needed to do his job (Id.). Plaintiff then continued his work and, when he went to carry a
cart of juices and milk up the stairs, he felt his back jerk and buckle, and he fell backward down the
stairs (Id. at 16-17).
Another inmate porter ran to notify a correctional officer (Id. at 16). A “Code 3,” or
medical emergency message was issued over the radio to signal that Plaintiff required emergency
medical assistance (Declaration of Kevin Blevins, LPN, Doc. 81 at ¶¶ 2, 4). Vaughn, Lenear, and
Defendant Nurse Blevins arrived on the scene (Doc. 78-1 at 18; Doc. 80-3 at ¶ 5). Both Vaughn
and Lenear completed incident reports (see Docs. 78-4 and 78-5). Plaintiff was placed on a
stretcher with the assistance of Blevins (Doc. 78-1 at 18). Blevins attests that after he transported
Plaintiff to the healthcare unit, he entrusted Plaintiff’s care to the staff in that unit (Doc. 80-3 at ¶
9). Plaintiff testified that Blevins did “absolutely nothing” for him once he was in the healthcare
unit, and failed to ensure another medical provider was readily available to attend to or examine his
injuries (Doc. 78-1 at 20, 31). As a result, Plaintiff testified he was made to wait forty-five
minutes for any evaluation or further medical care (Id. at 20). Plaintiff was ultimately examined
by a nurse, provided some pain medication and sent back to his cell on a three-day medical lay-in,
on Dr. Coe’s orders (Doc. 78-1 at 15, 20; see Doc. 80-2 at 4-5). Blevins did not have any further
contact with Plaintiff after assisting in transporting him to the healthcare unit (Doc. 81 at ¶ 12).
Page 3 of 13
Plaintiff’s pain persisted after his fall, so he requested additional health care after three days in his
cell without further medical attention (Doc. 78-1 at 21).
On December 30, 2015, Plaintiff was seen by Defendant Dr. Coe, the Medical Director at
Lawrence (Id. at 22; Declaration of John Coe, M.D., Doc. 80-2 at ¶ 6). On that date, Dr. Coe
examined Plaintiff and interviewed him about his condition (Id. at ¶ 7; Doc. 78-1 at 22). In
Plaintiff’s medical records, Dr. Coe noted that Plaintiff had fallen down steps; that he had pain in
his lower back that extended to his right leg; and that he had pain in his neck (Doc. 80-2 at ¶ 7a; see
Doc. 80-2 at 7). Dr. Coe performed a straight leg raising test that was negative, and found that
Plaintiff’s reflexes were “ok” (Id.). Dr. Coe also noted that Plaintiff could walk with difficulty
and that he had chronic back pain (Id.).
Dr. Coe prescribed Dexamethasone (to treat
inflammation), Tylenol 3 (to treat pain), and Flexeril (to treat pain and muscle spasms) (Doc. 80-2
at ¶ 8; see Doc. 80-2 at 7). Plaintiff was also admitted to the infirmary for 23 hours of observation
(Id.). Plaintiff testified that Dr. Coe thought Plaintiff was just seeking narcotics (Doc. 78-1 at 22).
Dr. Coe saw Plaintiff again the next day, December 31, 2015 (Doc. 80-2 at ¶ 9). During this
appointment, Dr. Coe noted that Plaintiff was “better,” that he had only limited range of motion,
and was wearing a back support (Id. at ¶ 10).
Dr. Coe again ordered prescriptions for
Dexamethasone, Tylenol 3, and Flexeril, and ordered a follow-up appointment (Id.). Dr. Coe also
ordered crutches, and extended Plaintiff’s medical lay-in permit and low bunk/low gallery permit
(Id. at ¶ 11).
Plaintiff was discharged from the infirmary and convalesced in his cell on a medical lay-in
for one week (Doc. 78-1 at 24). After several days, Plaintiff suffered side effects from his
medications, including bloody and hardened stool and dizziness (Id.). These side effects lasted
approximately one and one-half weeks, and subsided shortly after Plaintiff stopped taking his
Page 4 of 13
medications (Id.). Plaintiff reported these side effects to a nurse administering the medications,
who indicated she would pass the information along to Dr. Coe (Id. at 25). Plaintiff testified he
did not know whether the nurse passed along his complaints (Id.). Dr. Coe has no recollection of
being informed that Plaintiff was suffering from any side effects of the medication (Doc. 80-2 at ¶
12).
Plaintiff next saw Dr. Coe for a follow-up appointment on January 14, 2016 (Doc. 80-2 at ¶
14; see Doc. 80-2 at 10). During this appointment, Dr. Coe noted Plaintiff continued to have pain,
but he was moving around without noticeable difficulty and that Plaintiff had returned to work
(Doc. 80-2 at ¶ 15). Dr. Coe diagnosed Plaintiff with lumbar back pain and prescribed Tramadol
twice per day for two weeks (Id.). Plaintiff testified he does not recall whether he complained to
Dr. Coe about head pain; however, he reported issues with his stool (Doc. 78-1 at 26). Plaintiff
was transferred from Lawrence to Danville Correctional Center on January 30, 2016, and was no
longer under the care of Dr. Coe after his transfer (Id.).
While under the care of Dr. Coe, Plaintiff filed grievances requesting to see outside
specialists because the medications he was prescribed were not working (Doc. 78-1 at 46).
Plaintiff’s requests for alternative treatment were not granted, and he continues to have frequent
back pain and headaches (Id. at 41).
Summary Judgment Standard
Summary judgment is appropriate only if the moving party can demonstrate “that there is
no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of
law.” FED. R. CIV. P. 56(a); Celotex Corp. v. Catrett, 477 U.S. 317, 322(1986); see also
Ruffin-Thompkins v. Experian Information Solutions, Inc., 422 F.3d 603, 607 (7th Cir. 2005).
The moving party bears the initial burden of demonstrating the lack of any genuine issue of
Page 5 of 13
material fact. Celotex, 477 U.S. at 323. Once a properly supported motion for summary
judgment is made, the adverse party “must set forth specific facts showing there is a genuine issue
for trial.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250 (1986). A genuine issue of
material fact exists when “the evidence is such that a reasonable jury could return a verdict for the
nonmoving party.” Estate of Simpson v. Gorbett, 863 F.3d 740, 745 (7th Cir. 2017) (quoting
Anderson, 477 U.S. at 248). In assessing a summary judgment motion, the district court views the
facts in the light most favorable to, and draws all reasonable inferences in favor of, the nonmoving
party. Apex Digital, Inc. v. Sears, Roebuck & Co., 735 F.3d 962, 965 (7th Cir. 2013) (citation
omitted).
Discussion
Count One – Eighth Amendment Deliberate Indifference Claim against Defendants Lenear and
Vaughn
Plaintiff claims Defendants Lenear and Vaughn acted with deliberate indifference to his
medical condition in sending Plaintiff to work on December 26, 2015, despite knowing his
medical condition posed a substantial risk of serious harm to him.
The Supreme Court has recognized that “deliberate indifference to serious medical needs
of prisoners” may constitute cruel and unusual punishment under the Eighth Amendment. Estelle
v. Gamble, 429 U.S. 97, 104 (1976). In order to prevail on such a claim, Plaintiff must show first
that his condition was “objectively, sufficiently serious” and second, that the “prison officials
acted with a sufficiently culpable state of mind.” Greeno v. Daley, 414 F.3d 645, 652-53 (7th Cir.
2005) (citations and quotation marks omitted).
With regard to the first showing, the following circumstances could constitute a serious
medical need: “[t]he existence of an injury that a reasonable doctor or patient would find important
Page 6 of 13
and worthy of comment or treatment; the presence of a medical condition that significantly affects
an individual’s daily activities; or the existence of chronic and substantial pain.” Hayes v. Snyder,
546 F.3d 516, 522-23 (7th Cir. 2008) (quoting Gutierrez v. Peters, 111 F.3d 1364, 1373 (7th Cir.
1997)); see also Foelker v. Outagamie Cnty., 394 F.3d 510, 512-13 (7th Cir. 2005) (“A serious
medical need is one that has been diagnosed by a physician as mandating treatment or one that is so
obvious that even a lay person would easily recognize the necessity for a doctor’s attention.”).
A prisoner must also show that prison officials acted with a sufficiently culpable state of
mind, namely, deliberate indifference. “Deliberate indifference to serious medical needs of
prisoners constitutes the ‘unnecessary and wanton infliction of pain’.” Estelle, 429 U.S. at 104
(quoting Gregg v. Georgia, 428 U.S. 153, 173 (1976)). “The infliction of suffering on prisoners
can be found to violate the Eighth Amendment only if that infliction is either deliberate, or reckless
in the criminal law sense.” Duckworth v. Franzen, 780 F.2d 645, 652-53 (7th Cir. 1985).
Negligence, gross negligence, or even recklessness as that term is used in tort cases, is not enough.
Id. at 653; Shockley v. Jones, 823, F.2d 1068, 1072 (7th Cir. 1987). Put another way, the plaintiff
must demonstrate that the officials were “aware of facts from which the inference could be drawn
that a substantial risk of serious harm exists” and that the officials actually drew that inference.
Greeno, 414 F.3d at 653. A factfinder may also conclude that a prison official knew of a
substantial risk from the very fact that the risk was obvious. Id. (internal quotations omitted).
For purposes of summary judgment, it appears Defendants concede that Plaintiff’s back
pain presented a serious medical need. Thus, the question before the Court is whether there is
sufficient evidence for a reasonable jury to conclude that Defendants acted with deliberate
indifference in sending Plaintiff to work despite having knowledge of his medical condition.
When viewing the evidence in the light most favorable to Plaintiff, the Court finds
Page 7 of 13
Defendants Vaughn and Lenear understood Plaintiff was experiencing back pain prior to
beginning work on December 26, 2015, and were advised Plaintiff believed he would experience a
back spasm.
Defendant Lenear and Defendant Vaughn (through Defendant Lenear)
communicated to Plaintiff that his failure to work would result in punishment, the nature of which
is disputed. In any event, the Court does not find Defendants acted with deliberate indifference in
sending Plaintiff to work. Plaintiff did not have a medical lay-in or a medical restriction from
working on that date. Moreover, Plaintiff merely indicated he was going to have a back spasm,
and there was no indication he was currently experiencing a back spasm when Lenear and Vaughn
were sending him to work. Plaintiff had also worked as a porter for months while experiencing
back issues without issue. As such, it is improbable that a jury would find that either Lenear or
Vaughn ignored a substantial risk to Plaintiff’s health in sending him to work. Finally, a refusal
to address Plaintiff’s general complaints of back pain at the time in question does not establish a
claim of deliberate indifference, particularly because there is no evidence that the pain he was
experiencing was greater than his “typical,” or ongoing pain. See, e.g., Cooper v. Casey, 97 F.3d
914, 916 (7th Cir. 1996) (stating that a prison medical staff’s refusal to treat minor “ailments for
which many people who are not in prison do not seek medical attention does not by its refusal
violate the Constitution”).
For the reasons set forth above, Defendants Lenear and Vaughn are entitled to summary
judgment on Count One.
Because the Court finds Defendants did not violate Plaintiff’s
constitutional rights, it need not consider the question of qualified immunity.
Count Two – Eighth Amendment Deliberate Indifference Claim against Defendants Coe and
Blevins
Plaintiff contends Defendant Nurse Blevins and Dr. Coe’s actions, or lack thereof, delayed
Page 8 of 13
his access to treatment and prolonged his pain and suffering. Defendants assert they were not
deliberately indifferent to the injuries Plaintiff sustained after his fall.
Defendant Nurse Kevin Blevins
The evidence in the record, when viewed in the light most favorable to Plaintiff, establishes
that Defendant Blevins responded to the Code 3 that was called for Plaintiff and assisted in placing
him on a stretcher. Blevins then transported Plaintiff to the healthcare unit. Blevins did not
render any medical care for Plaintiff at the healthcare unit and Plaintiff was made to wait forty-five
minutes for an evaluation. Plaintiff was ultimately provided with pain medication and a three-day
medical lay-in.
Plaintiff asserts Blevins was deliberately indifferent to his medical needs by leaving
Plaintiff without medical care immediately after his fall. Thus, the crux of the issue with regard to
Blevins is whether the delay of forty-five minutes for medical treatment in this instance rises to
deliberate indifference, and the Court finds that it does not. The Seventh Circuit has remarked
that “[d]elay is not a factor that is either always, or never, significant. Instead, the length of the
delay that is tolerable depends on the seriousness of the condition and the ease of providing
treatment.” McGowan v. Hulick, 612 F.3d 636, 640 (7th Cir. 2010) (citing Gutierrez v. Peters,
111 F.3d 1364, 1374 (7th Cir. 1997) (dismissal for failure to state a claim proper because six-day
wait to see a doctor was not unreasonably long for infected cyst deemed not that severe) (other
citations omitted). In consideration of the injuries Plaintiff sustained and the resulting medical
care that was provided (Ibuprofen and a medical lay-in), a forty-five minute delay for treatment
was not unreasonably long and does not rise to deliberate indifference on the part of Blevins.
Also, it is undisputed that Blevins entrusted Plaintiff to the care of other health professionals in the
healthcare unit. There is no indication that Blevins knew Plaintiff would not be examined for
Page 9 of 13
forty-five minutes or that he suffered an emergency medical condition that Blevins ignored or
failed to address. For these reasons, the Court finds that Defendant Blevins is entitled to summary
judgment on Count Two.
Defendant Dr. John Coe
Plaintiff contends Dr. Coe was deliberately indifferent in failing to take reasonable
measures to deal with Plaintiff’s back injury, injuries from his fall, and subsequent side effects
from the medication administered to Plaintiff.
First, the Court considers Plaintiff’s contention that Dr. Coe was deliberately indifferent in
failing to examine him prior to December 30, 2015. Based on the evidence in the record, it is
undisputed that Plaintiff was examined by a nurse after his fall and Dr. Coe was notified. Plaintiff
received Ibuprofen and was provided a three-day medical lay-in. Plaintiff complains that Dr. Coe
did not order an MRI, physical therapy, or refer Plaintiff to a specialist. There is no indication in
the record, however, that such treatment options were necessary or would have resulted in a
different or more effective course of treatment. Notably, the record before the Court provides no
indication that the treatment rendered to Plaintiff, and apparently approved by Dr. Coe was
“blatantly inappropriate.” Pyles v. Fahim, 771 F.3d 403, 409 (7th Cir. 2014) (citing Greeno, 414
F.3d at 654 (quoting Snipes, 95 F.3d at 592). Furthermore, the decision to forego diagnostic
testing is “a classic example of a matter for medical judgment.” Estelle, 429 U.S. at 107.
Next, with regard to Dr. Coe’s subsequent treatment of Plaintiff’s complaints, the Court
finds no reasonable jury could find Dr. Coe acted with deliberate indifference. While Plaintiff
clearly disagrees with Dr. Coe’s course of treatment and complains of the side-effects from the
medication regimen, it is well-established that “[a] prisoner’s dissatisfaction with a doctor’s
prescribed course of treatment does not give rise to a constitutional claim unless the medical
Page 10 of 13
treatment was “blatantly inappropriate.” Pyles, 771 F.3d at 409 (7th Cir. 2014) (citing Greeno,
414 F.3d at 654 (quoting Snipes v. DeTella, 95 F.3d 586, 592 (7th Cir. 1996)). Making such a
showing is not easy as “[a] medical professional is entitled to deference in treatment decisions
unless ‘no minimally competent professional would have so responded under those
circumstances.’” Pyles, 771 F.3d at 409 (quoting Sain v Wood, 512 F.3d 886, 894-95 (7th Cir.
2008) (other quotation omitted)). In other words, federal courts will not interfere with a doctor’s
decision to pursue a particular course of treatment unless that decision represents so significant a
departure from accepted professional standards or practices that it calls into question whether the
doctor actually was exercising his professional judgment. Pyles, 771 F.3d at 409 (citations
omitted).
There is no evidence that Dr. Coe failed to exercise his professional judgment in rendering
treatment to Plaintiff. Indeed, Dr. Coe examined Plaintiff three times over a 35-day period (prior
to Plaintiff’s transfer) and provided prescription medication and a medical lay-in. Although such
treatments may not have reduced Plaintiff’s pain in its entirety, the records fails to demonstrate
that such lack of success was the result of Dr. Coe’s deliberate indifference. See e.g. Snipes v.
DeTella, 95 F.3d 586, 592 (7th Cir. 1996) (“It would be nice if after appropriate medical attention
pain would immediately cease, its purpose fulfilled; but life is not so accommodating. Those
recovering from even the best treatment can experience pain. To say the Eighth Amendment
requires prison doctors to keep an inmate pain-free in the aftermath of proper medical treatment
would be absurd.”). There is also no evidence that Dr. Coe was advised Plaintiff was suffering
adverse side-effects from his medication regimen. Plaintiff also testified that these side-effects
had abated after he stopped taking his medication. Dr. Coe followed-up with Plaintiff just two
weeks after prescribing his medication regimen, and there is no evidence that a two-week delay in
Page 11 of 13
a follow-up appointment was unreasonable or blatantly inappropriate. Accordingly, the Court
finds that Dr. Coe’s treatment of Plaintiff was grounded in professional judgment and was
reasonable. For the above-mentioned reasons, Dr. Coe is entitled to judgment as a matter of law
on Count Two.
Count Three – State law Claim for Intentional Infliction of Emotional Distress against
Defendants Lenear, Vaughn, Coe, and Blevins1
Under Illinois law, the tort of intentional infliction of emotional distress covers only acts
that are truly “outrageous,” that is, an “unwarranted intrusion … calculated to cause severe
emotional distress to a person of ordinary sensibilities.” Knierim v. Izzo, 174 N.E.2d 157, 164
(Ill. 1961) (quoting Slocum v. Food Fair Stores of Fla., 100 So.2d 396 (Fla. 1958)). See Honaker
v. Smith, 256 F.3d 477, 490 (7th Cir. 2001).
There are three requirements necessary to
demonstrate the intentional infliction of emotional distress: “(1) the conduct involved must be
truly extreme and outrageous; (2) the actor must either intend that his conduct inflict severe
emotional distress, or know that there is at least a high probability that his conduct will cause
severe emotional distress and (3) the conduct must in fact cause severe emotional distress.” Id. at
490. Although it does not require a contemporaneous physical injury, the tort does not extend to
“mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.”
Id.
(quotations and citations omitted).
Plaintiff alleges the conduct of Defendants was extreme and outrageous and caused severe
emotional distress to Plaintiff. The Court has found that Defendants did not act with deliberate
indifference to Plaintiff, and there is no evidence that Plaintiff suffered “severe emotional
1
Defendants sought summary judgment as to Count Three, and Plaintiff failed to respond to Defendants’ arguments
in response. As such, it appears Plaintiff has conceded that summary judgment on Count Three is warranted. The
Court, however, engages in a brief analysis on Count Three out of an abundance of caution.
Page 12 of 13
distress.”
As such, no reasonable jury could find that Defendants intentionally inflicted
emotional distress on Plaintiff and Defendants are entitled to summary judgment on Count Three.
Conclusion
Based on the foregoing, the Motion for Summary Judgment filed by Defendants Jordan
Lenear and Benjamin Vaughn (Doc. 77) is GRANTED; and the Motion for Summary Judgment
filed by Defendants Dr. John Coe, and Nurse Kevin Blevins (Doc. 79) is GRANTED. The Clerk
of Court is directed to enter judgment in favor of Defendants Lenear, Vaughn, Coe, and Blevins,
and against Plaintiff.
IT IS SO ORDERED.
DATED: March 20, 2020
s/ Reona J. Daly
Hon. Reona J. Daly
United States Magistrate Judge
Page 13 of 13
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?