Davis v. Wexford Health Source Inc et al

Filing 8

Order for Service of Process upon NP Blum and Wexford Health Sources, Inc. The claims against Latoya Hughes and David Mitchell are DISMISSED without prejudice. Signed by Chief Judge Nancy J. Rosenstengel on 2/6/2024. (anp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JESSE DAVIS,
Plaintiff,
v.

Case No. 23-cv-3813-NJR

WEXFORD HEALTH SOURCES, INC.,
NURSE PRACTITIONER BLUM,
DAVID MITCHELL, and
LATOYA HUGHES,
Defendants.

MEMORANDUM AND ORDER
ROSENSTENGEL, Chief Judge:
Plaintiff Jesse Davis, an inmate of the Illinois Department of Corrections (“IDOC”)
who is currently incarcerated at Pinckneyville Correctional Center, brings this action for
deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. In the Complaint,
Davis alleges Defendants were deliberately indifferent to his deteriorating mental health
and shoulder pain in violation of the Eighth Amendment.
This case is now before the Court for preliminary review of the Complaint
pursuant to 28 U.S.C. § 1915A. Under Section 1915A, the Court is required to screen
prisoner complaints to filter out non-meritorious claims. See 28 U.S.C. § 1915A(a). Any
portion of a complaint that is legally frivolous, malicious, fails to state a claim upon which
relief may be granted, or asks for money damages from a defendant who by law is
immune from such relief must be dismissed. 28 U.S.C. § 1915A(b).

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The Complaint
In his Complaint, Davis makes the following allegations: For the past two years,
Davis has suffered with left and right shoulder pain. The pain interferes with his ability
to exercise, play sports, and lift weights (Doc. 1, p. 9). The pain causes him sleep
deprivation, stress, and depression (Id.). Although he received several x-rays which came
back negative, Nurse Practitioner (“NP”) Blum acknowledged that he heard and felt
popping and cracking in both of Davis’s shoulders (Id.). But Blum refused Davis’s
requests for physical therapy, an MRI, or a referral to a specialist (Id.). Blum informed
Davis that an MRI was too expensive and Davis could obtain further care upon his release
(Id.). Davis specifically requested surgery for his shoulders, but Blum refused, stating that
the procedure was extremely expensive (Id. at p. 10).
On April 11, 2022, Blum prescribed Davis an antidepressant for the symptoms
associated with his depression and anxiety (Id. at p. 5). Davis requested pain medication
for his shoulders, but Blum denied the request (Id.). Instead, Blum prescribed Davis
Cymbalta, which Davis notes can cause suicidal thoughts, bipolar disorder, and other
symptoms (Id.). Davis alleges that he should have been under observation for the first
two to three months on the medication to ensure that he did not have worsening
depression or any other side effects from Cymbalta (Id. at p. 5). He alleges that Blum
failed to observe Davis and failed to notice his declining behavior (Id.). From April 2022
through July 2023, Davis received numerous disciplinary tickets for insolence, disobeying
orders, fighting, and sexual misconduct (Id. at p. 6). On a number of occasions, he was
placed on suicide watch (Id. at p. 6). Yet Davis alleges that Blum failed to connect his
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behavior changes with the medication and failed to identify Davis as high risk prior to
prescribing Cymbalta (Id.). Further, when Davis informed Blum of the side effects he was
experiencing and his emotional state, Blum refused to change or stop the medication (Id.).
Davis alleges that he wrote grievances about his condition and issues with his
Cymbalta prescription but Warden Mitchell and IDOC Director Latoya Hughes denied
the grievances (Id. at pp. 7-8, 10). He also alleges that he sent a letter to Mitchell about his
need for an MRI and additional care for his shoulders, but he never received a response.
Discussion
Based on the allegations in the Complaint, the Court designates the following
counts:
Count 1:

Eighth Amendment deliberate indifference claim against
NP Blum, David Mitchell, and Latoya Hughes for denying
Davis care of his shoulders and refusing to change his
depression medication.

Count 2:

Eighth Amendment deliberate indifference claim against
Wexford Health Sources, Inc. for instituting a cost saving
policy at Pinckneyville which prevented Davis from
receiving specialized care for his shoulders.

The parties and the Court will use these designations in all future pleadings and
orders, unless otherwise directed by a judicial officer of this Court. Any other claim that
is mentioned in the Complaint but not addressed in this Order should be considered

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dismissed without prejudice as inadequately pled under the Twombly pleading
standard. 1
Count 1
At this stage, Davis states a viable claim in Count 1 against NP Blum. He alleges
that Blum refused him additional care for his shoulders despite acknowledging that he
heard and felt popping in the shoulders. Instead, he stated that additional care was too
expensive, and Davis could receive care upon his release. As to his mental health, Davis
alleges that although his behavior and mental health clearly declined while on the
prescribed medication, Blum refused to alter or discontinue the medication despite
Davis’s requests. This is enough to state a claim at this stage. Estelle v. Gamble, 429 U.S.
97, 104 (1976); Chatham v. Davis, 839 F.3d 679, 684 (7th Cir. 2016); Gomez v. Randle, 680 F.3d
859, 865 (7th Cir. 2012) (delay in treatment).
Davis fails to state a claim, however, against Warden David Mitchell and Latoya
Hughes. He alleges that both officials denied grievances regarding his condition, but the
simple denial of a grievance does not state a claim. Owens v. Hinsley, 635 F.3d 950, 953
(7th Cir. 2011) (“[T]he alleged mishandling of [a prisoner’s] grievance by persons who
otherwise did not cause or participate in the underlying conduct states no claim.”); George
v. Smith, 507 F.3d 605, 609-10 (7th Cir. 2007). He further alleges that Hughes is involved
in policies or customs at the institutional level, but he fails to allege how Hughes

See Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007) (an action fails to state a claim upon
which relief can be granted if it does not plead “enough facts to state a claim to relief that is
plausible on its face”).
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participated in the cost-saving policies allegedly implemented by Wexford. Further,
neither official can be liable for the actions of other employees because respondeat superior,
or supervisor, liability does not apply to Section 1983 actions. Finally, Davis alleges that
he wrote Mitchell asking for care for his shoulder pain, but there are no factual allegations
to suggest that Mitchell received those letters or was aware of Davis’s need for additional
care. Thus, Davis fails to state a claim against David Mitchell and Latoya Hughes. The
claims against them in Count 1 are DISMISSED without prejudice.
Count 2
Davis also states a claim against Wexford in Count 2 for its cost-saving policies
which he alleges led to Blum’s denial of care for his shoulders. See Woodward v. Corr. Med.
Serv. of Ill., Inc., 368 F.3d 917, 927 (7th Cir. 2004) (corporation can be held liable for
deliberate indifference if it had a policy or practice that caused the violation).
Disposition
For the reasons stated above, Count 1 shall proceed as to NP Blum but is
DISMISSED without prejudice as to David Mitchell and Latoya Hughes. Count 2 shall
proceed against Wexford Health Sources, Inc.
The Clerk of Court shall prepare for Defendants NP Blum and Wexford Health
Sources, Inc.: (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a
Summons) and (2) Form 6 (Waiver of Service of Summons). The Clerk is DIRECTED to
mail these forms, a copy of the Complaint, and this Memorandum and Order to each
defendant’s place of employment as identified by Davis. If a defendant fails to sign and
return the Waiver of Service of Summons (Form 6) to the Clerk within 30 days from the
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date the forms were sent, the Clerk shall take appropriate steps to effect formal service
on that defendant, and the Court will require that defendant to pay the full costs of formal
service, to the extent authorized by the Federal Rules of Civil Procedure.
If a defendant can no longer be found at the work address provided by Davis, the
employer shall furnish the Clerk with the defendant’s current work address, or, if not
known, defendant’s last-known address. This information shall be used only for sending
the forms as directed above or for formally effecting service. Any documentation of the
address shall be retained only by the Clerk. Address information shall not be maintained
in the court file or disclosed by the Clerk.
Defendants are ORDERED to timely file an appropriate responsive pleading to
the Complaint and shall not waive filing a reply pursuant to 42 U.S.C. Section 1997e(g).
Pursuant to Administrative Order No. 244, Defendants need only respond to the issues
stated in this Merit Review Order.
If judgment is rendered against Davis, and the judgment includes the payment of
costs under Section 1915, he will be required to pay the full amount of the costs, regardless
of whether his application to proceed in forma pauperis is granted. See 28 U.S.C.
§ 1915(f)(2)(A).
Finally, Davis is ADVISED that he is under a continuing obligation to keep the
Clerk of Court and each opposing party informed of any change in his address; the Court
will not independently investigate his whereabouts. This shall be done in writing and not
later than 14 days after a transfer or other change in address occurs. Failure to comply

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with this order will cause a delay in the transmission of court documents and may result
in dismissal of this action for want of prosecution. See Fed. R. Civ. P. 41(b).
IT IS SO ORDERED.
DATED: February 6, 2024
_____________________________
NANCY J. ROSENSTENGEL
Chief U.S. District Judge
Notice to Plaintiff
The Court will take the necessary steps to notify the appropriate defendants of
your lawsuit and serve them with a copy of your Complaint. After service has been
achieved, the defendants will enter their appearance and file an Answer to your
Complaint. It will likely take at least 60 days from the date of this Order to receive the
defendants’ Answer, but it is entirely possible that it will take 90 days or more. When all
the defendants have filed Answers, the Court will enter a Scheduling Order containing
important information on deadlines, discovery, and procedures. Plaintiff is advised to
wait until counsel has appeared for the defendants before filing any motions, to give the
defendants notice and an opportunity to respond to those motions. Motions filed before
defendants’ counsel has filed an appearance will generally be denied as premature.
Plaintiff need not submit any evidence to the Court at this time, unless specifically
directed to do so.

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