Bartlett v. Inove, 1:15-cv-01466

Background

Plaintiff Benjamin Bartlett, detained at McLean County Jail, alleges an assault on September 25, 2015 fractured his right hand.
Plaintiff saw Dr. Inove five days after the assault; Dr. Inove reportedly concluded there was no fracture despite x-rays that, as alleged, showed a fracture; pain medication was discontinued.
On October 5, 2015, Dr. Valentine ordered additional x-rays, diagnosed a fracture, and told Plaintiff Dr. Inove had missed the injury; Plaintiff alleges permanent loss of use of his right hand.
Plaintiff alleges nurses (Payne, “Sheryl,” and “Bonnie”) intermittently refused to provide prescribed pain medication.
Plaintiff sued under 28 U.S.C. § 1915A; the court screened the complaint, allowing deliberate-indifference claims against Dr. Inove and the named nurses to proceed, and dismissing without prejudice a Monell claim against McLean County and an intentional-infliction-of-emotional-distress state claim.
Plaintiff’s motion to add a private hospital radiologist (Dr. Ray L. Williams) was denied as Dr. Williams is not a state actor; malpractice claims require the Illinois 735 ILCS 5/2-622 affidavit/report.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Deliberate indifference by treating physician (Dr. Inove)	Inove missed/ignored an obvious fracture, discontinued pain meds, causing harm	Treatment error or misread x-ray; possible non-constitutional medical judgment	Claim against Dr. Inove survives screening for factual development; deliberate indifference not resolved now
Denial/interference with prescribed pain medication by nurses	Nurses intentionally withheld pain meds on multiple occasions, constituting interference with care	Sporadic/brief denials or delays do not show deliberate indifference or bad intent	Claim against nurses proceeds for development, but sporadic denials may be insufficient at summary/jury stage
Municipal liability (Monell) against McLean County	County maintained unconstitutional policies/practices leading to injury	Allegations are conclusory, lack specific policy/custom showing liability	Monell claim dismissed without prejudice for failure to state a claim
Addition of private radiologist (Dr. Williams) and malpractice theory	Radiologist misread first x-ray; should be added as defendant	Private consultant is not a state actor; malpractice requires statutory affidavit/report	Motion to amend denied; doctor not a constitutional defendant and malpractice claim requires 735 ILCS 5/2-622 compliance

Key Cases Cited

Turley v. Rednour, 729 F.3d 645 (7th Cir.) (pro se pleadings are construed liberally at screening)
Alexander v. United States, 721 F.3d 418 (7th Cir.) (complaints must plausibly state claims; conclusory labels insufficient)
Thomas v. Cook County Sheriff’s Dept., 604 F.3d 293 (7th Cir.) (deliberate indifference to detainee serious medical needs violates Fourteenth Amendment)
Townsend v. Cooper, 759 F.3d 678 (7th Cir.) (deliberate indifference requires conscious disregard of substantial risk)
Sain v. Wood, 512 F.3d 886 (7th Cir.) (medical treatment must not be such a substantial departure from professional judgment as to show no judgment)
Walker v. Peters, 233 F.3d 494 (7th Cir.) (medical malpractice or misdiagnosis alone is insufficient for constitutional liability)
Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816 (7th Cir.) (deliberate indifference includes intentional interference with prescribed treatment)
Burton v. Downey, 805 F.3d 776 (7th Cir.) (short delays in pain medication without bad intent may not violate Constitution)
McCauley v. City of Chicago, 671 F.3d 611 (7th Cir.) (Monell claims require factual allegations showing municipal policy or custom)
Shields v. IDOC, 746 F.3d 782 (7th Cir.) (private physicians performing a one-time consult are not state actors for § 1983 claims)
Pruitt v. Mote, 503 F.3d 647 (7th Cir.) (standards for appointment of counsel in prisoner civil cases)
Feltmeier v. Feltmeier, 207 Ill.2d 263 (Ill.) (elements and high standard for intentional infliction of emotional distress)