Judges: Per Curiam
Filed: Oct. 28, 2016
Latest Update: Mar. 03, 2020
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted October 27, 2016* Decided October 28, 2016 Before RICHARD A. POSNER, Circuit Judge JOEL M. FLAUM, Circuit Judge KENNETH F. RIPPLE, Circuit Judge No. 15-2606 DERRICK HARRISON, Appeal from the United States District Plaintiff-Appellant, Court for the Northern District of Illinois, Eastern Division. v. No. 13 C 3256 WEXFORD HEA
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted October 27, 2016* Decided October 28, 2016 Before RICHARD A. POSNER, Circuit Judge JOEL M. FLAUM, Circuit Judge KENNETH F. RIPPLE, Circuit Judge No. 15-2606 DERRICK HARRISON, Appeal from the United States District Plaintiff-Appellant, Court for the Northern District of Illinois, Eastern Division. v. No. 13 C 3256 WEXFORD HEAL..
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NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted October 27, 2016*
Decided October 28, 2016
Before
RICHARD A. POSNER, Circuit Judge
JOEL M. FLAUM, Circuit Judge
KENNETH F. RIPPLE, Circuit Judge
No. 15‐2606
DERRICK HARRISON, Appeal from the United States District
Plaintiff‐Appellant, Court for the Northern District of Illinois,
Eastern Division.
v.
No. 13 C 3256
WEXFORD HEALTH SOURCES, INC.,
et al., Thomas M. Durkin,
Defendants‐Appellees. Judge.
O R D E R
Derrick Harrison, an Illinois inmate, sued two prison employees, Wexford Health
Sources, and the prison’s medical director for deliberate indifference in treating his back
injury after he fell while trying to close several high windows. The district court granted
the defendants’ motions for summary judgment. We affirm.
* We have unanimously agreed to decide the case without oral argument because
the briefs and record adequately present the facts and legal arguments, and oral
argument would not significantly aid the court. FED. R. APP. P. 34(a)(2)(C).
No. 15‐2606 Page 2
Unless otherwise noted the following facts are undisputed and presented in the
light most favorable to Harrison, the party opposing summary judgment. See Hooper v.
Proctor Health Care Inc., 804 F.3d 846, 849 (7th Cir. 2015). On a chilly November day at
Statesville Correctional Center, Harrison, who was performing janitorial work, was
directed by a prison officer to close a series of windows eight feet off of the ground. After
climbing a “bullpen cage” to reach the windows, Harrison slipped and fell onto a plastic
food cart, injuring his back and neck. Harrison said that his back and neck felt stiff and in
pain and that it was difficult for him to move. Sergeant Troy Mayes had been walking
with Jennifer Encarnacion, a nurse, on her rounds distributing medication to prisoners in
their cells, and she instructed Mayes to call the prison’s Health Care Unit, which
scheduled Harrison an appointment for the following day.
At his appointment Harrison received prescriptions for anti‐inflammatory,
muscle relaxing, and pain‐relieving medications. Two days later Harrison underwent
x‐rays of his cervical and lumbar spines. Harrison was referred to Dr. Saleh Obaisi,
Statesville’s medical director and a Wexford employee, who told Harrison that the
x‐rays were negative and injected an anti‐inflammatory drug into Harrison’s pelvis as
well as a pain reliever into one of his hands. Dr. Obaisi also gave Harrison a two‐week
no‐activity permit. Dr. Obaisi saw Harrison five more times over the ensuing three
months and ordered additional prescriptions for muscle relaxers and pain relievers.
Harrison reported that his back pain gradually lessened.
But some pain lingered, so four months after the accident, Dr. Obaisi referred
Harrison to a neurosurgeon at the University of Illinois Medical Center. An MRI was
taken of Harrison’s lower back, and it showed some degeneration of his lumbar spine.
Over the next year and a half, Harrison visited Dr. Obaisi and other Wexford doctors
almost every month. After Harrison complained that his back pain had worsened, he
received a second MRI, new prescriptions, and physical therapy.
Harrison brought this suit under 42 U.S.C. § 1983 arguing that the prison
defendants gave him improper medical care in violation of the Eighth Amendment.
Harrison asserted that Dr. Obaisi acted with deliberate indifference by not prescribing a
particular antidepressant drug that, Harrison said, helped him sleep; Harrison also
claimed that Dr. Obaisi delayed ordering him an MRI for five months and delayed
letting him see a specialist for 17 months. Harrison added that Wexford had a written
policy to provide prisoners with a bare minimum of medical care in violation of the
Eighth Amendment. As a final matter, Harrison contended that Mayes and Encarnacion
No. 15‐2606 Page 3
acted with deliberate indifference to his injury and pain by not providing immediate
medical care after his fall.1
Throughout the proceedings, Harrison also made seven requests for recruited
counsel, none of which the court granted. In his first, second, fourth, and sixth requests,
Harrison argued he lacked the medical knowledge to challenge his diagnosis or the legal
sophistication to show that his treatment was inadequate. In his first, second, fifth, and
seventh requests, Harrison asserted that imprisonment constraints prevented him from
obtaining sufficient access to relevant legal authorities and discovery materials. And in
his third and sixth requests for counsel, Harrison noted that a jailhouse lawyer who had
helped him litigate his case could no longer offer assistance.
The district court ultimately granted summary judgment for the defendants. The
court concluded that although Harrison had an objectively serious medical condition,
the defendants had not acted with deliberate indifference. Dr. Obaisi, the court
determined, had been “responsive” to Harrison’s complaints, repeatedly giving him
physical examinations, prescribing pain relievers and muscle relaxers, and ordering
diagnostic examinations, including two MRIs and a referral to specialists at UIC. As for
Wexford, the court found that it had “consistently” given Harrison access to Stateville
medical professionals and outside specialists. With regard to Mayes, a nonmedical
professional, the court decided that he justifiably relied on the Health Care Unit’s
medical judgment that Harrison could receive treatment the day after his fall. As for
Nurse Encarnacion, the court determined that Harrison’s condition did not present a
medical emergency requiring immediate care from her, and she was not responsible for
the Health Care Unit’s delay in providing Harrison treatment.
On appeal Harrison asserts that Dr. Obaisi acted with deliberate indifference by
waiting 17 months to refer him to a specialist and by prescribing medication that the
doctor knew would not be effective. But as the district court explained, Harrison has not
pointed to any evidence in the record reflecting that the treatment was “blatantly
inappropriate” or otherwise violated professional medical standards. Pyles v. Fahim, 771
F.3d 403, 409 (7th Cir. 2014) (internal citation and quotation marks omitted). During
these 17 months, Dr. Obaisi regularly altered Harrison’s prescriptions for pain‐relieving,
anti‐inflammatory, and muscle‐relaxing drugs based on Harrison’s condition. Dr. Obaisi
also ordered and reviewed Harrison’s MRI to ensure that he properly diagnosed his
1 Harrison did not raise his retaliation claim against Mayes on appeal, and we
therefore do not consider it.
No. 15‐2606 Page 4
injury. Because the record does not contain evidence showing that Dr. Obaisi’s care
violated professional medical standards, the district court properly granted Dr. Obaisi
summary judgment.
Harrison reiterates that Wexford violated its own policy of having a doctor onsite
and impermissibly delayed in providing him initial treatment after his fall. He contends
that Wexford should have given him pain‐relieving medication shortly after his injury
instead of making him cope with significant pain until his appointment. “A delay in
treatment may constitute deliberate indifference if the delay exacerbated the injury or
unnecessarily prolonged an inmate’s pain.” McGowan v. Hulick, 612 F.3d 636, 640 (7th
Cir. 2010).
We agree with the district court that the record does not contain evidence from
which a jury reasonably could conclude that Harrison’s fall created a medical emergency
requiring immediate treatment. Because Harrison “has not established a constitutional
problem with his treatment and thus did not suffer actionable injury from the policy he
attributes to the corporation,” Ray v. Wexford Health Sources, Inc., 706 F.3d 864, 866 (7th
Cir. 2013), we need not consider whether Wexford violated its alleged policy.
Harrison also contends that Mayes, upon learning that the Health Care Unit
would not treat him until the next day, acted with deliberate indifference by not
instructing Encarnacion to provide him with immediate medical care. But as Mayes
explained in his affidavit, he could not order Encarnacion to care for Harrison because
Mayes lacked the authority to give this directive. Harrison apparently expects that
Mayes should have second‐guessed the Health Care Unit’s determination that Harrison
did not require immediate medical attention. But Harrison has pointed to no evidence
showing that Mayes had a culpable state of mind or recklessly disregarded his pain
when Mayes deferred to this unit’s decision that Harrison be treated the next day. See
Knight v. Wiseman, 590 F.3d 458, 465 (7th Cir. 2009). The district court therefore correctly
granted Mayes summary judgment.
Harrison finally asserts that Encarnacion violated the Eighth Amendment by not
stabilizing his condition soon after his fall even though the Health Care Unit determined
that he could wait to receive treatment. Harrison imputes to Encarnacion responsibility
for his care that she did not have. Given the lack of evidence that Harrison’s injury
created a medical emergency, Harrison cannot create a fact question that Encarnacion
violated professional medical standards when she referred his case to the Health Care
Unit. Further, because Encarnacion was not responsible for the Health Care Unit’s delay
No. 15‐2606 Page 5
in treating Harrison, he also cannot raise a fact question over her treatment of his injuries
and pain.
Harrison also argues that the district court should not have denied his requests
for recruited counsel because, he asserts, he lacked the expertise and sophistication to
evaluate Wexford’s medical diagnosis of his condition. With regard to the denial of
Harrison’s second motion for recruited counsel, the district court should have assessed
Harrison’s competency to litigate his claims given their complexity. See Olson v. Morgan,
750 F.3d 708, 712 (7th Cir. 2014). But we have no reason to conclude that recruited
counsel would have affected this case’s outcome. See Tidwell v. Hicks, 791 F.3d 704, 709
(7th Cir. 2015). We therefore uphold the district court’s decisions to deny Harrison’s
motions for recruited counsel.
AFFIRMED.