Van Dyke Johnson v. Stephen Doughty, Doctor, John Cearlock, Don Hinderliter

433 F.3d 1001, 69 Fed. R. Serv. 296, 2006 U.S. App. LEXIS 1060, 2006 WL 90093
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 17, 2006
Docket04-1139, 04-1311
StatusPublished
Cited by791 cases

This text of 433 F.3d 1001 (Van Dyke Johnson v. Stephen Doughty, Doctor, John Cearlock, Don Hinderliter) 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
Van Dyke Johnson v. Stephen Doughty, Doctor, John Cearlock, Don Hinderliter, 433 F.3d 1001, 69 Fed. R. Serv. 296, 2006 U.S. App. LEXIS 1060, 2006 WL 90093 (7th Cir. 2006).

Opinions

MANION, Circuit Judge.

Former Illinois prison inmate Van Dyke Johnson sued, pro se, three prison doctors and seven prison officials under 42 U.S.C. § 1988, alleging Eighth Amendment violations. Specifically, Johnson claims that the defendants were deliberately indifferent to a serious medical need because they treated his hernia through non-surgical means. During the district court proceedings, Johnson made several motions for counsel under 28 U.S.C. § 1915(e)(1), which the district court denied. The district court granted summary judgment to some of the prison officials. After a bench trial, the district court entered final judgment in favor of the remaining defendants. Johnson appeals the district court’s denial of counsel, grant of summary judgment to some of the defendants, and entry of final judgment in favor of the remaining defendants. We affirm in all respects.

I.

In 1994, Van Dyke Johnson was convicted of first degree murder in Illinois and was incarcerated by the Illinois Department of Corrections (“IDOC”). In late April or early May 2000, during his imprisonment at IDOC’s Graham Correctional Center, Johnson discovered a protrusion in his groin area. Johnson saw a nurse in early May. The nurse told Johnson that he had a hernia. She gave him some Tylenol for his pain and scheduled a doctor’s appointment for him.

Two days later, Dr. Don Hinderliter examined Johnson' and diagnosed him with an inguinal hernia (i.e., a hernia in the groin area) that, in Dr. Hinderliter’s ojpinion, did not require surgery. Instead, Dr. Hinderliter prescribed a hernia belt/truss to stop the hernia from protruding. After discussing the matter further with Dr. Hinderliter, Johnson requested surgery because of the significant pain he was experiencing. In response, Dr. Hinderliter referred him to Dr. Robert McEntyre, Graham’s medical director. This was Johnson’s only visit with Dr. Hinderliter.

Johnson saw Dr. McEntyre on several occasions, the first in early June 2000. Upon examination, Dr. McEntyre found the hernia to be “reducible,” which means that the hernia can be pushed back inside the body without difficulty. Dr. McEntyre [1004]*1004also determined that Johnson’s vital signs were all normal and that Johnson did not display any objective signs of acute distress. Further, there was no hint of vomiting or other indications of severe sickness. For these reasons, Dr. McEntyre concluded that the hernia was not “strangulated” — an emergency surgical situation in which the hernia is non-reducible and possibly gangrenous, i.e., causing abdominal tissue decay. Dr. McEntyre further determined that surgery was not required at that point in time. To alleviate Johnson’s pain, Dr. McEntyre supplemented the Tylenol and hernia belt by further prescribing Metamucil to relieve Johnson’s bowel discomfort. Dr. McEntyre also instructed Johnson to avoid heavy lifting and strenuous activity, and, to that end, Johnson received a lower bunk permit.

Two days after his first visit with Dr. McEntyre, Johnson, on an emergency basis, saw Dr. Stephen Doughty. Dr. Doughty also concluded that the hernia was reducible, and, as Dr. McEntyre had seen Johnson only two days earlier, Dr. Doughty told Johnson to continue following Dr. McEntyre’s instructions. This was Johnson’s only visit with Dr. Doughty.

Thereafter, Dr. McEntyre monitored Johnson’s condition through four additional visits in June and August 2000. Dr. McEntyre’s diagnosis of a reducible hernia remained consistent throughout this period. Dr. McEntyre, moreover, did not observe any worsening of the condition that would necessitate surgery.

Other than Johnson’s annual physical in October 2000, Johnson did not have or request another doctor’s visit during his time at Graham.1 In early December 2000, IDOC transferred Johnson to IDOC’s Dixon Correctional Center. In March 2005, Johnson was released on parole and is scheduled to be on parole until March 2008.2

Displeased with the lack of surgical treatment at Graham, in April 2001 Johnson filed this deliberate indifference action under § 1983, alleging that the treatment of his hernia through non-surgical means constituted cruel and unusual punishment under the Eighth Amendment. This suit pertains only to the seven months, May to December 2000, when Johnson had his hernia at Graham. Besides the three doctors who examined and treated him, Johnson also named seven IDOC and Graham officials as defendants: John Cearlock (health care administrator), Steve Curll (counselor), Billie Greer (assistant warden), Alex Jones (assistant warden), Robert Radmacher (IDOC official), Gilberto Romero (warden), and Donald Snyder (IDOC director). In addition to injunctive relief (i.e., an order mandating that the defendants perform/facilitate hernia surgery), Johnson’s complaint requested compensatory and punitive damages.3

[1005]*1005Other than Cearlock, these prison officials’ interaction with Johnson was limited to dealing with his grievances and other complaints about the hernia treatment. For his part, Cearlock, as health care administrator, met with. Johnson on August 25, 2000, to discuss the situation. Cearlock also happens to be a registered nurse. Deferring to the doctors, Cearlock told Johnson to follow the doctors’ instructions and also scheduled an appointment for Dr. McEntyre to reevaluate Johnson’s condition (which Dr. McEntyre did shortly thereafter).

Initially, the defendants moved to dismiss the suit. Johnson, proceeding pro se, then moved for counsel under § 1915(e)(1). Johnson attempted to secure counsel on his own, but two organizations and five practitioners declined his requests for representation. The district court denied the motion for counsel, reasoning that the matter was not so complex or intricate that an attorney was necessary. Subsequently, the district court denied defendants’ motions to dismiss, concluding that they were not entitled to qualified immunity. Johnson then made another request for counsel, which the district court again denied.

Later, when the defendants moved for summary judgment, the district court determined that Johnson’s hernia presented a serious medical need. The district court then granted summary judgment for all the prison officials, except Cearlock, reasoning that those defendants were not deliberately indifferent to that need because they took Johnson’s medical complaints seriously and reasonably relied upon the doctors’ recommendations in handling Johnson’s condition.

The district court, however, denied summary judgment with respect to the doctors and Cearlock. As to the doctors, the district court concluded they had failed to refute Johnson’s contention that, due to some policy or practice, the doctors would not have recommended surgery for Johnson’s hernia regardless of the amount of pain and difficulty it caused. This determination led the district court to further conclude that a factual dispute existed as to whether the doctors’ denials of surgery were made in the absence of professional judgment, which, if true, would give rise to deliberate indifference liability (see discussion of legal standard below).

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Cite This Page — Counsel Stack

Bluebook (online)
433 F.3d 1001, 69 Fed. R. Serv. 296, 2006 U.S. App. LEXIS 1060, 2006 WL 90093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-dyke-johnson-v-stephen-doughty-doctor-john-cearlock-don-hinderliter-ca7-2006.