WILLEY v. WEXFORD OF INDIANA, LLC

CourtDistrict Court, S.D. Indiana
DecidedDecember 23, 2020
Docket1:19-cv-00953
StatusUnknown

This text of WILLEY v. WEXFORD OF INDIANA, LLC (WILLEY v. WEXFORD OF INDIANA, LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
WILLEY v. WEXFORD OF INDIANA, LLC, (S.D. Ind. 2020).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

JAMES WILLEY, ) ) Plaintiff, ) ) v. ) No. 1:19-cv-00953-SEB-MPB ) WEXFORD OF INDIANA, LLC, et al. ) ) Defendants. )

Order Granting Motion for Summary Judgment and Directing Entry of Final Judgment

Plaintiff James Willey, an inmate at the Pendleton Correctional Facility ("PCF"), brought this action pursuant to 42 U.S.C. § 1983 alleging that defendants Michelle LaFlower, Paul Talbot, and Michael Mitcheff exhibited deliberate indifference to his need for treatment for his back pain. Mr. Willey also alleges that these failures were the result of a policy by Wexford of Indiana, LLC of cutting costs. The defendants have moved for summary judgment on Mr. Willey's claim. Mr. Willey has not responded, and the time to do so has passed. For the following reasons, the motion for summary judgment is granted. I. Summary Judgment Standard A motion for summary judgment asks the Court to find that a trial is unnecessary because there is no genuine dispute as to any material fact and, instead, the movant is entitled to judgment as a matter of law. See Fed. R. Civ. P. 56(a). Whether a party asserts that a fact is undisputed or genuinely disputed, the party must support the asserted fact by citing to particular parts of the record, including depositions, documents, or affidavits. Fed. R. Civ. P. 56(c)(1)(A). In deciding a motion for summary judgment, the Court need only consider disputed facts that are material to the decision. A disputed fact is material if it might affect the outcome of the suit under the governing law. Williams v. Brooks, 809 F.3d 936, 941-42 (7th Cir. 2016). "A genuine dispute as to any material fact exists 'if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.'" Daugherty v. Page, 906 F.3d 606, 609-10 (7th Cir. 2018) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)).

On summary judgment, a party must show the Court what evidence it has that would convince a trier of fact to accept its version of the events. Gekas v. Vasilades, 814 F.3d 890, 896 (7th Cir. 2016). The moving party is entitled to summary judgment if no reasonable fact-finder could return a verdict for the non-moving party. Nelson v. Miller, 570 F.3d 868, 875 (7th Cir. 2009). The Court views the record in the light most favorable to the non-moving party and draws all reasonable inferences in that party's favor. Skiba v. Illinois Cent. R.R. Co., 884 F.3d 708, 717 (7th Cir. 2018). Mr. Willey failed to respond to the summary judgment motion. Accordingly, facts alleged in the motion are deemed admitted so long as support for them exists in the record. See S.D. Ind. Local Rule 56-1 ("A party opposing a summary judgment motion must . . . file and serve a response

brief and any evidence . . . that the party relies on to oppose the motion. The response must . . . identif[y] the potentially determinative facts and factual disputes that the party contends demonstrate a dispute of fact precluding summary judgment."); Smith v. Lamz, 321 F.3d 680, 683 (7th Cir. 2003) ("[F]ailure to respond by the nonmovant as mandated by the local rules results in an admission"); Brasic v. Heinemanns, Inc., 121 F.3d 281, 285-286 (7th Cir. 1997) (affirming grant of summary judgment where the nonmovant failed to properly offer evidence disputing the movant's version of the facts). This does not alter the summary judgment standard, but it does "[r]educe[] the pool" from which facts and inferences relative to the motion may be drawn. Smith v. Severn, 129 F.3d 419, 426 (7th Cir. 1997). II. Facts A. The Parties Mr. Willey is a 76-year-old man who has been incarcerated by the Indiana Department of Correction ("IDOC") since 1997. See dkt. 41-4, p. 8-9. Mr. Willey has suffered from back pain for

many years. Dkt. 41-1 ¶ 8. He has received a number of treatments from an off-site neurosurgeon, including epidural injections and a rhizotomy.1 Id. Paul A. Talbot, M.D. is a physician licensed to practice medicine in the State of Indiana. Dkt. 41-2, ¶ 1. During all times relevant to Mr. Willey's Complaint, he was employed by Wexford of Indiana, LLC as a physician at PCF. Id. Currently, Dr. Talbot still works for Wexford of Indiana, LLC, at the Reception and Diagnostic Center in Plainfield, Indiana. Id., ¶ 1-2. Michael A. Mitcheff, D.O. is a physician licensed to practice in the State of Indiana. Dkt. 41-1, ¶ 1. Since July 2018, Dr. Mitcheff been employed by Wexford of Indiana, LLC as the Regional Medical Director for the State of Indiana. Id., ¶ 2. As the Regional Medical Director, Dr. Mitcheff rarely has direct patient contact, although he can in certain circumstances where it is

necessary. Id. ¶ 3. Instead, Dr. Mitcheff oversees the provision of medical care by practitioners at the site level, reviews requests for non-formulary prescriptions, discusses with on-site staff requests for patients to receive off-site medical care, and performs other oversight functions as are necessary. Id., ¶ 3. Mr. Willey testified that he is suing Dr. Mitcheff because Dr. Mitcheff is Dr. Talbot's boss and he was informed that Dr. Mitcheff would be contacted about his back pain. Dkt. 41-4, p. 23-24. Mr. Willey also testified that he wrote letters to Dr. Mitcheff, but Dr. Mitcheff never responded. Id.

1 A rhizotomy "is a surgical procedure to sever nerve roots in the spinal cord" intended to relieve chronic back pain and muscle spasms. Dkt. 41-2, ¶ 5. During Dr. Mitcheff's time as the Regional Medical Director, he had discussions with Dr. Talbot and other medical staff regarding Mr. Willey's treatment. Dkt. 41-1, ¶ 5. These discussions focused on Mr. Willey's eyesight, cataracts, and referral for off-site vision care. Id. Dr. Mitcheff specifically recalls a conversation with Dr. Talbot on September 6, 2018, in which he received a recommendation for Mr. Willey to receive off-site care for ongoing cataract and blurry vision, which Dr. Mitcheff approved. Id. Michelle LaFlower is a nurse licensed to practice in the State of Indiana. Dkt. 41-3, ¶ 1.

During all times relevant to Mr. Willey's Complaint, she was employed by Wexford of Indiana, LLC as the Health Services Administrator at PCF. Id. ¶ 2. As the Health Services Administrator, her duties and responsibilities were primarily administrative in nature. Id., ¶ 3. She was responsible for oversight of medical care at the facility, ensuring compliance with healthcare directives, responding to requests for information, coordinating information with the IDOC, and responding to informal requests and grievances at the facility that were medical in nature. Id. As a nurse, Ms. LaFlower did not have the authority to order specific medical treatment or diagnose a patient.

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WILLEY v. WEXFORD OF INDIANA, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willey-v-wexford-of-indiana-llc-insd-2020.