James Hotchkiss v. A. David

713 F. App'x 501
CourtCourt of Appeals for the Seventh Circuit
DecidedNovember 1, 2017
Docket16-3934
StatusUnpublished
Cited by7 cases

This text of 713 F. App'x 501 (James Hotchkiss v. A. David) 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
James Hotchkiss v. A. David, 713 F. App'x 501 (7th Cir. 2017).

Opinion

ORDER

James Hotchkiss, an Illinois inmate, sued a prison doctor and a nurse practitioner, alleging that they were deliberately indifferent to his hip and leg pain and his low blood pressure. Screening Hotchkiss’s complaint under 28 U.S.C. § 1915A(a), the district judge dismissed it with prejudice and assessed a “strike,” id. § 1915A(g), upon concluding that it was frivolous and failed to state a claim. Because Hotchkiss stated a plausible claim that the doctor prolonged and exacerbated Hotchkiss’s leg and hip pain and other symptoms by continuing an ineffective course of treatment, we vacate and remand with respect to the claim against the doctor and otherwise affirm.

We take the following factual allegations from Hotchkiss’s complaint as true. See Perez v. Fenoglio, 792 F.3d 768, 774 (7th Cir. 2015). Hotchkiss suffers from severe pain in his left leg and hip and has difficulty maintaining his balance. The symptoms, he says, have two causes. First, he was in a motor vehicle accident and had two surgeries on his left leg, leaving him with an artificial knee cap and a steel rod in his leg. Second, his left leg is shorter than his right; whether this is related to the accident and surgeries is not clear. When Hotchkiss was transferred from a county jail to Menard Cprreetional Center, his customized shoes, which had “a 1/2 inch lift” in the left shoe, were taken away. He was told that he would get new shoes fitted when he arrived at his assigned unit. But Hotchkiss contracted a MRSA infection at Menard and was sent to the acute care unit at Shawnee Correctional Center. After he recovered he was released into the general population at Shawnee with no mention of the shoes.

Hotchkiss immediately began to feel pain in his left leg from wearing the prison’s standard-issue boots. Because his legs are uneven in length, he cannot distribute his weight equally. He says he walks with a limp and experiences intense pain, popping, “grinding,” and loss of balance that causes him to fall down; The boots exacerbate this problem. He explained his concerns about the boots to prison physician Dr. Alfonso David and other medical staff, but throughout months of treating him, they did nothing but prescribe pain medication. No one performed a physical examination or ordered an X-ray. During this time, Hotchkiss continued to have pain in his knee, femur, and hip, and he fell down regularly. He was issued a permit for a low bunk for six months when he was released into the general population, but when he tried to get the permit renewed and sought permission to walk with a cane in October 2015, David denied the requests. Blake Woods, a nurse practitioner, later renewed his low bunk permit and authorized “slow-walk” and “low-gallery” permits, but Hotchkiss continued experiencing pain and went back to the infirmary regularly.

Hotchkiss submitted medical records with his complaint, which show that on average he went to the infirmary about two to three times per month to discuss his leg issues. He says he often mentioned that his shoes were the cause of the pain. Hotchkiss received various doses of pain medications from ibuprofen to Neurontin. Woods told him in February 2016 that he would not be getting special shoes. Hotch-kiss continued to complain about the pain, and asked medical staff to renew his permits whenever they were due to expire. Finally in April (a year after Hotchkiss entered Shawnee), Woods examined his legs and confirmed that his left leg was “1/2 to 3/4 inch[es]” shorter than the right. Hotchkiss then received permission to use a cane.

Hotchkiss alleges that David was deliberately indifferent to his leg pain because he did not physically examine him or order X-rays for months. In his appellate brief Hotchkiss adds that David gave him a heel insert in August 2016, although Hotchkiss believes it is inadequate when used in the heeled boots. (Hotchkiss also alleged in his complaint that David and Woods were deliberately indifferent to his low blood pressure, but he has abandoned that claim on appeal. See Chaib v. Geo Grp., Inc., 819 F.3d 337, 341 n.1 (7th Cir. 2016).)

Hotchkiss is proceeding in forma pau-peris, so the district judge screened the complaint, see 28 U.S.C. § 1915A(a). He concluded that Hotchkiss failed to state a claim of deliberate indifference against David or Woods, id. § 1915A(b), and that the claim was frivolous, see id. The district judge focused on Hotchkiss’s allegation that his leg pain went untreated for six months, although that was only one of many allegations Hotchkiss described related to his leg pain. The judge reviewed the attached medical records (part of the plaintiffs pleadings for all purposes, see Fed. R. Civ. P. 10), and concluded that Hotchkiss’s, pain did not go untreated during that time because he received medication and complained only once about pain. The judge also determined that Hotchkiss’s complaint that David did not take X-rays or physically examine him did not suggest deliberate indifference because those decisions were soundly within the doctor’s professional judgment, and prisoners are not entitled to any specific treatment.

On appeal, Hotchkiss challenges only the dismissal of his claim as it applies to David. His brief, which reads more like a complaint, alleges in more detail the facts supporting his contention that David failed to address the underlying cause of Hotch-kiss’s symptoms—his leg-length disparity. He argues that David continued an ineffective course of treatment and that the pain medications he received would have been unnecessary had he been properly diagnosed and treated with the simple fix that worked before. Hotchkiss also argues that there was an inexcusable delay in permitting him to use a cane, which has helped him get around the prison without falling.

Our review of a dismissal under § 1915A is de novo. Perez, 792 F.3d at 776. To state a claim under the Eighth Amendment, Hotchkiss must show that he suffered from an objectively serious medical condition to which the defendants were deliberately indifferent. Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994); Perez, 792 F.3d at 776.

Hotchkiss states a claim under this standard. First, we are satisfied, as was the district judge, that Hotchkiss alleged a serious medical condition—chronic pain, Wheeler v. Wexford Health Sources, Inc., 689 F.3d 680, 681-82 (7th Cir. 2012) (prisoner stated Eighth Amendment claim when he alleged that defendants ignored “severe ongoing pain from a medical condition”). Hotchkiss presents two plausible theories of deliberate indifference. First, Hotchkiss says that despite voicing his concerns about walking in shoes that lacked a lift on the left foot, he received only pain medication and nothing that addressed that underlying problem.

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Bluebook (online)
713 F. App'x 501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-hotchkiss-v-a-david-ca7-2017.