669 F. App'x 797
7th Cir.2016Background
- Derrick Harrison, a Stateville inmate, slipped from a bullpen cage while closing high windows and reported back and neck pain.
- He was seen the next day by prison medical staff, received prescriptions, x-rays, injections, and a short no-activity order; pain gradually lessened but persisted.
- Over 18 months Dr. Saleh Obaisi (Wexford medical director) treated Harrison repeatedly, ordered two MRIs, prescribed various medications, referred him to a neurosurgeon, and authorized physical therapy.
- Harrison sued under 42 U.S.C. § 1983 alleging Eighth Amendment deliberate indifference: claims against Obaisi (delayed specialist referral, improper meds), Wexford (inadequate policy/delay), Sergeant Mayes and Nurse Encarnación (failure to provide immediate care), and sought recruited counsel.
- The district court granted summary judgment for all defendants; the Seventh Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Deliberate indifference by Dr. Obaisi for delaying specialist care and prescribing ineffective meds | Obaisi waited 17 months to refer and prescribed drugs he knew wouldn’t help | Obaisi regularly examined Harrison, changed meds, ordered diagnostics and MRIs, and referred when appropriate | Summary judgment for Obaisi — treatment was responsive and not "blatantly inappropriate" |
| Corporate liability of Wexford for allegedly minimal-care policy and delay in initial treatment | Wexford’s policy and delay denied adequate care; should have given immediate pain meds | Wexford provided access to onsite clinicians and outside specialists; no emergency existed requiring immediate care | Summary judgment for Wexford — no constitutional injury from policy or delay |
| Deliberate indifference by Mayes and Encarnación for not providing immediate post-fall care | Mayes and Encarnación failed to stabilize or provide immediate treatment after the fall | Mayes lacked authority to order medical care and appropriately deferred to Health Care Unit; Encarnación reasonably referred to the Health Care Unit because no emergency existed | Summary judgment for both — no evidence they recklessly disregarded a medical emergency |
| Denial of recruited counsel | Harrison lacked legal/medical sophistication and requested counsel multiple times | Court found no demonstrated need that counsel would change outcome despite some complexity | Denial affirmed — second motion should have included competency assessment but no prejudice shown |
Key Cases Cited
- Hooper v. Proctor Health Care Inc., 804 F.3d 846 (7th Cir. 2015) (facts viewed in light most favorable to nonmoving party on summary judgment)
- Pyles v. Fahim, 771 F.3d 403 (7th Cir. 2014) (treatment must be "blatantly inappropriate" to show deliberate indifference)
- McGowan v. Hulick, 612 F.3d 636 (7th Cir. 2010) (delay in treatment may be deliberate indifference if it exacerbates injury or prolongs pain)
- Ray v. Wexford Health Sources, Inc., 706 F.3d 864 (7th Cir. 2013) (corporate liability requires showing a policy caused constitutional injury)
- Knight v. Wiseman, 590 F.3d 458 (7th Cir. 2009) (nonmedical staff not liable absent culpable state of mind regarding medical need)
- Olson v. Morgan, 750 F.3d 708 (7th Cir. 2014) (court should assess competency to litigate when determining appointment of counsel)
- Tidwell v. Hicks, 791 F.3d 704 (7th Cir. 2015) (denial of counsel need not be reversed absent showing that counsel would have affected the outcome)