West v. Millen

79 F. App'x 190
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 9, 2003
DocketNo. 02-4055
StatusPublished
Cited by17 cases

This text of 79 F. App'x 190 (West v. Millen) 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
West v. Millen, 79 F. App'x 190 (7th Cir. 2003).

Opinion

ORDER

Proceeding pro se, Wisconsin inmate Rufus West contends in this 42 U.S.C. § 1983 action that correctional officers Joseph Boland and Richard Schneider, and health care workers Jolene Millin and Suzanne Watters,1 acted with deliberate indifference by denying him pain medicine. The district court granted summary judgment to the defendants because their denial of medicine could not support a deliberate indifference claim. We affirm the district court’s judgment.

Mr. West is currently incarcerated at the Wisconsin Secure Program Facility (WSPF), formerly the Supermax Correctional Institution. Mr. Boland and Mr. Schneider have been and are currently correctional officers at WSPF. Ms. Millin, L.P.N., and Ms. Watters, R.N., were privately employed by Prison Health Services, Inc., which provides health care services at WSPF.

Prior to the events in question, Mr. West had visited the infirmary, complaining of pain in his legs, hips, and back. For this pain, the medical staff prescribed him 500 mg of Naprosyn to be taken twice a day “as needed.” After noting in her medical report that Mr. West had a “history of malingering,” the nurse practitioner, Elizabeth Hinkley, told Mr. West that she would not prescribe anything stronger than Tylenol, Ibuprofen, or Naprosyn for his pain. Naprosyn is a nonsteroidal anti-inflammatory drug comparable to aspirin in its use as a pain reliever. Thomson PDR (ed.), Naprosyn, 57 Physicians’ Desk Reference 2891, 2892 (2003). According to an affidavit of a WSPF Health Services Administrator familiar with Mr. West and his medical records, the medical staff did not prescribe Naprosyn to Mr. West “for a serious or life threatening illness, and missing an occasional dose would not result in any serious medical condition.”

The WSPF procedure for medication distribution, also known as the “medication pass policy,” requires inmates to turn on the light in their cells and be wearing trousers to receive their medicine. Under this distribution procedure, a correctional guard first announces that inmates should prepare for distribution of their medication, and then he and a nurse deliver the medicine together to the inmates at their cells. Prison policy specifies that a failure to follow procedure will signify a refusal by the inmate to receive the medicine. According to John Sharpe, the prison administrator, requiring inmates to wear trousers prevents the inmates from exposing themselves to and potentially offending the nursing staff.

On two particular mornings in October 2001, Mr. West did not have pants in his cell to wear during medication distribution and, consequently, was not given Napro[192]*192syn. Mr. West claims that he did not have pants in his cell because earlier in the week he had not been issued clean clothing during the clothing exchange (purportedly because he failed to include his underwear in the bundle of dirty clothes—in violation of the prison’s “all or nothing” policy that all clothes be turned in before a new bundle of clean clothes will be issued). In their affidavits, Mr. Schneider and Mr. Boland stated that during morning rounds on October 29th and 30th, they each refused to give Mr. West his Naprosyn because Mr. West was not wearing any pants. Both officers asserted that on each day Ms. Watters and Ms. Millin, respectively, verbally “okayed” the refusal. According to affidavits of Mr. West and three inmates, all four defendants told Mr. West after he requested his Naprosyn on each day, “no pants, no service,” and then laughed. The officers also asserted that they did not know that Mr. West had any serious medical need requiring Naprosyn on those mornings. According to the nurses, on both days Mr. West did not appear in “any distress or need of immediate medical attention.” Although he did not receive medication in the morning, Mr. West’s medical file reflects that he did receive Naprosyn and other medication during the evening rounds on the two days in question.

After the two mornings on which he did not receive his Naprosyn, Mr. West submitted grievances to the Inmate Complaint Examiner (ICE). Initially, the ICE recommended dismissing Mr. West’s complaints because he had not complied with the medication pass policy of wearing trousers. Upon further review, however, the ICE agreed to redress the complaint. The ICE acknowledged that Mr. West should not have been denied his medication; if he violates the policy again, the report noted, “he should be given his medicine and the [ ] violation will be dealt with afterwards.”

Mr. West then brought suit against Mr. Schneider, Mr. Boland, Ms. Millin and Ms. Watters contending that they were deliberately indifferent when they denied him pain medication on the two mornings. In his complaint, Mr. West asserted that, by denying him his prescribed medicine, the defendants knowingly caused him to suffer increased pain in his legs, hips, and back, and this pain amounted to a serious medical need. The denials of his medicine, Mr. West alleged, were “on-the-spot prohibited disciplinary [ ] sanctions],” and the defendants’ carrying out of the prison policy was malicious and capricious. The defendants’ refusal to give him his medication resulted in a 16-hour delay in pain relief, which, he asserts, constituted deliberate indifference.

The district court granted summary judgment for the defendants. Without much discussion, the court concluded that the four defendants “were not deliberately indifferent to plaintiffs serious medical need.” The district court later denied Mr. West’s motion to reconsider on the grounds that Mr. West had not provided new evidence or an additional argument proving that the defendants’ denial of his medication constituted deliberate indifference to any serious medical need.

We review the grant of summary judgment de novo, making all reasonable inferences in favor of the nonmoving party. Dunigan v. Winnebago County, 165 F.3d 587, 590 (7th Cir.1999). A party cannot defeat summary judgment by relying on unsubstantiated facts. See Greer v. Bd. of Educ. of the City of Chicago, 267 F.3d 723, 729 (7th Cir.2001).

The Eighth Amendment forbids “unnecessary and wanton infliction of pain,” including deliberate indifference to a serious medical need. Estelle v. Gamble, 429 U.S. 97, 104, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). To prove deliberate indifference, [193]*193Mr. West must show that he had an objectively serious medical need and that the defendants acted with a “sufficiently culpable state of mind,” a subjective determination. Walker v. Benjamin, 293 F.3d 1030, 1037 (7th Cir.2002).

On appeal, Mr. West renews his argument that his medical need was serious. To support this argument, Mr. West explains that he was prescribed Naprosyn to be taken as needed for pain in his legs, hips, and back, and on the days in question his level of pain necessitated the medication. According to Mr. West, the 16-hour delay in pain relief due to defendants’ denial of Naprosyn caused him to suffer increased pain that rose to the level of a serious medical need.

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Bluebook (online)
79 F. App'x 190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-v-millen-ca7-2003.