Page v. Obaisi

318 F. Supp. 3d 1094
District Court, E.D. Illinois·Decided May 15, 2018·No. Case No. 15 C 7411·Published·Cited by 11 cases

Opinion

Hon. Elaine E. Bucklo, United States District Judge

In this pro se civil rights action pursuant to 42 U.S.C. § 1983, Duane Page, a prisoner in state custody, challenges treatment provided for a hand injury he sustained while playing basketball. Defendants Ghaliah Obaisi, Independent Executor of the Estate of Saleh Obaisi, Physician's Assistant LaTanya Williams, and Wexford Health Sources move for summary judgment. For the following reasons, Defendants' motion is granted.

BACKGROUND

I. Northern District of Illinois Local Rule 56.1

Page is proceeding pro se.1 Defendants thus served him with a "Notice to Pro Se Litigant Opposing Motion for Summary *1096Judgment" (Dkt. 90) that explains how to respond properly to a motion for summary judgment and statement of material facts under Federal Rule of Civil Procedure 56 and Local Rule 56.1. Under the Court's Local Rules, a moving party must provide "a statement of material facts as to which [it] contends there is no genuine issue." Cracco v. Vitran Exp., Inc. , 559 F.3d 625, 632 (7th Cir. 2009). "The opposing party is required to file 'a response to each numbered paragraph in the moving party's statement, including, in the case of any disagreement, specific references to the affidavits, parts of the record, and other supporting materials relied upon.' " Id. (citing N.D. Ill. R. 56.1(b)(3)(B) ).

In response to Defendants' statement of facts, Page filed a comprehensive 31-page document entitled "Plaintiff's LR 56.1(b) Statement of Material Facts" that contains 47 paragraphs (not including subparagraphs) and attaches 249 pages of exhibits. (Dkt. 99). Because Page is proceeding pro se , the Court has interpreted his response generously and will construe it as favorably as the record and Local Rule 56.1 permit, to the extent that he has pointed to admissible evidence in the record that corresponds to Defendants' facts or could properly testify himself about the matters asserted. See Hanners v. Trent , 674 F.3d 683, 691 (7th Cir. 2012) ; Sistrunk v. Khan , 931 F.Supp.2d 849, 854 (N.D. Ill. 2013) ; Fed. R. Evid. 602. With this in mind, the court turns to the parties' Rule 56.1 submissions.

II. Facts

State prisoner Duane Page is incarcerated at the Stateville Correctional Center. Defs.' SOF, ¶ 1. Defendant LaTanya Williams is a physician's assistant who works at Stateville Correctional Center. Id. , ¶ 2. Dr. Saleh Obaisi, who is deceased, was Stateville's Medical Director at the relevant time. Id. , ¶ 3. Ghaliah Obaisi, Independent Executor of the Estate of Saleh Obaisi, has been substituted for Dr. Obaisi. Dkt. 117.

On September 3, 2014, Page (who was forty-eight years old at the time) injured his right hand when he fell while playing basketball and used his hand to brace himself. Defs.' SOF, ¶ 7. Following his fall, Page told Certified Medical Technician Barnes that his right wrist was painful. Id. , ¶ 8. Barnes noted a need to rule out wrist fracture, applied ice, and had Page transported to the prison's Health Care Unit ("HCU") for evaluation. Id. Physician's Assistant LaTanya Williams evaluated Page after he arrived at the HCU. Id. , ¶ 9. Page complained of a right wrist that was tender to palpation with decreased range of motion and strength but with sensation intact. Id. Williams determined that Page needed to be evaluated for a potential fracture, ordered an x-ray of the right hand/wrist, and told Page to return to the HCU after the x-ray had been taken. Id. She also provided a Toradol injection for pain, ordered an arm sling and ice, and prescribed Motrin for pain and inflammation. Id.

Page received an x-ray the next day, September 4, 2014. Id. , ¶ 10. Dr. Leef (a radiologist) interpreted the x-ray as showing oblique fractures in good position of the shafts of the third and fourth metacarpals (bones in the palm of the hand). Id. Based on these results, staff physician Dr. Martija ordered Page to be sent to the emergency room at Presence St. Joseph Hospital for evaluation and management of a fracture and an orthopedic consult. Id. , ¶ 11. At the emergency room, medical staff recommended a splint, gave one to Page, and advised him to ice and elevate the affected area, take pain medication as necessary, and follow up with an orthopedist or hand doctor. Id. , ¶ 12. A nurse contacted Dr. Obaisi, who ordered Motrin for pain relief, as well as a temporary low bunk permit. Id. , ¶ 13.

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