Donald McDonald v. Marcus Hardy

821 F.3d 882, 2016 U.S. App. LEXIS 8535, 2016 WL 2641942
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 9, 2016
Docket15-1102
StatusPublished
Cited by80 cases

This text of 821 F.3d 882 (Donald McDonald v. Marcus Hardy) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Donald McDonald v. Marcus Hardy, 821 F.3d 882, 2016 U.S. App. LEXIS 8535, 2016 WL 2641942 (7th Cir. 2016).

Opinion

RIPPLE, Circuit Judge.

Donald McDonald was diagnosed with arthritis and high cholesterol while serving a life sentence at Stateville Correctional Center (“Stateville”), a maximum-security prison in Illinois. Over the ten years following his diagnosis, he received a low-cholesterol diet planned by a dietician at the-facility. In 2009, however, a new warden took the helm' at Stateville, and he -promptly discharged the dietician and can-celled all special diets, including Mr. McDonald’s. The new warden- also decreased the frequency of outdoor recreation for inmates to .two days each week and altered the prison’s job-assignment policy to restrict inmates from working in a particular job for more than one year.

As a result of these changes, Mr. McDonald brought this action under 42 U.S.C. § 1983 against Marcus Hardy, the new warden, Daryl Edwards, an assistant warden, and Salvador Godinez, then the director of the Illinois Department of Corrections. 1 Mr. .McDonald claimed that *885 Warden Hardy, with the support of Assistant Warden Edwards, had violated the Eighth Amendment’s prohibition on cruel and unusual punishment by cancelling his prescribed low-cholesterol diet, decreasing his outdoor-recreation time, and changing the job-assignment system.Mr. McDonald also alleged that Director Godinez had violated the Equal. Protection Clause by allowing inmates at the other maximum-security prisons in Illinois to have prescription diets and more time for outdoor recreation. Mr. McDonald sought both damages and injunctive relief.

The district court granted the defendants’ motion for summary judgment on' each of Mr. McDonald’s four -claims. • In this appeal, Mr. McDonald challenges the grant of summary judgment only as- to his claims concerning the cancellation of his low-cholesterol diet, the limited time given for outdoor recreation, and the purported disparity of treatment of inmates -at different Illinois maximum-security prisons. Mr. McDonald does not mention the district court’s rejection of his claim about the new system for assigning prison jobs; that claim therefore has been abandoned. See Thornton v. M7 Aerospace LP, 796 F.3d 767, 771 (7th Cir.2015); Hentosh v. Herman M. Finch Univ. of Health Scis./The Chicago Med. Sch., 167 F.3d 1170, 1173 (7th Cir.1999).

We conclude that Warden Hardy and Assistant Warden Edwards are not entitled to summary judgment on Mr. McDonald’s claim concerning the cancellation of his prescription diet, and we remand that claim for further proceedings. In all other respects we affirm the judgment of the district court. ■

I

BACKGROUND

A. Facts

Because the district- court ruled in favor of the deferidants at summary judgment, we view the following facts in the light most favorable to Mr. McDonald, the non-moving party. See Riker v. Lemmon, 798 F.3d 546, 551 (7th Cir.2015).

Mr. McDonald, who has been incarcerated at Stateville for twenty years, was diagnosed with: high cholesterol in 1998. A physician at the prison prescribed a low-cholesterol diet, along with cholesterol-lowering medication. 2 Mr. McDonald remained on that prescription diet until the end of 2009, when Warden Hardy took charge. Warden Hardy then fired State-ville’s dietician and cancelled all medical diets. Since then, Mr, McDonald has eaten the regular diet at Stateville, which includes foods that the dietician had warned him to avoid, including cheese, eggs, and foods containing high amounts of mayonnaise. 3 Medical providers working at Stateville repeatedly-have told Mr. McDonald that they cannot reinstate his prescription fop a low-cholesterol diet because the cafeteria staff does not have the means to satisfy the prescription.

' During a January 2014 deposition, Mr. McDonald acknowledged that his total cholesterol level had decreased at some point during the two years preceding the deposi *886 tion, perhaps because doctors continued experimenting with different cholesterol medications. 4 Specifically, Mr. McDonald stated that his total cholesterol level had gone “down from 400” milligrams per deciliter (“mg/dL”) to “around three.” 5 That level, he added, was “still too' high.” 6 There is no evidence in the record, however, about Mr. McDonald’s cholesterol level when his diet was cancelled four years before that deposition.

Mr. McDonald also has been diagnosed with arthritis, for which physicians have recommended exercises and sometimes prescribed pain medication. Stateville provides inmates with outdoor recreation twice each week for two , and one-half hours each day, but Mr. McDonald alleges that this time is insufficient- to provide therapeutic treatment for his arthritis. He also asserts that other maximum-security Illinois prisons provide “full 'yard,” meaning “they have sometimes three and.four times a day exercise programs where [inmates] might get three yards and a gym.” 7

B. Earlier Proceeding^

Mr'. McDonald' brought this action in March 2013. He first alleged that Warden Hardy had violated the'Eighth Amendment by “maintaining] 'and enforcing an] institutional policy denying ’Plaintiff a low cholesterol'diet.” 8 He also asserted that Warden Hardy was “the moving force behind the Policy of two (2) days of recreation, two hours each day,” which, he said, caused him “to aggravate his medical conditions of high cholesterol, arth[ritis] and borderline diabetes.” 9 Mr. McDonald next contended that Assistant Warden Edwards had violated the Eighth Amendment when he “failed to -create programs that offered medical diets” and failed to provide sufficient time for outdoor recreation. 10 Finally,' Mr'. McDonald -alleged that’Director- Godinez unconstitutionally- discriminated against'similarly situated Illinois inmates “by ’allowing Menard Correctional Center and Pontiac Correctional Center to provide special medical diets and yard or gym (exercise) more than two (2) times a we[e]k.” 11 He sought damages against the individual .defendants as well as “an injunction [requiring Stateville, Correctional Center [to] provide [s]pecial - diets for high.cholesterol [and] diabetes, and an opportunity for-plaintiff to exercise five (5) days a week.” 12 - -

In August 2013, five months after Mr.

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Bluebook (online)
821 F.3d 882, 2016 U.S. App. LEXIS 8535, 2016 WL 2641942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donald-mcdonald-v-marcus-hardy-ca7-2016.