James Washington v. Renee Schueler
19-2925
| 7th Cir. | Nov 10, 2021Background
- James Washington, a Wisconsin inmate, was prescribed custom orthotic insoles and the podiatrist recommended extra‑wide athletic shoes (e.g., New Balance/Nike).
- A prison nurse failed to record the podiatrist’s first recommendation; the initially provided insoles were lost; at the second visit the nurse recorded “athletic‑style shoes.”
- The prison later authorized insoles; a committee (medical and non‑medical members) denied ordering brand‑name extra‑wide shoes, concluding insoles fit state‑issued medical shoes.
- Washington eventually received state medical shoes and insoles eight months after the original recommendation but contends the insoles did not fit the medical shoes.
- The district court issued a scheduling order warning about Rule 56 deadlines; Washington did not pursue discovery during the allowed period and moved for more time under Rule 56(d) without an affidavit; the court denied the motion and granted summary judgment for the nurse and two administrators.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rule 56(d) extension for discovery | Theft of legal papers necessitates more time to start discovery to oppose summary judgment | Washington had ample time, failed to file an affidavit, delayed pursuit of discovery, and offered only speculation | Denied — no affidavit, untimely, speculative fishing expedition |
| Nurse liability for failing to record recommendation (Eighth Amendment deliberate indifference) | Omission delayed insoles/shoes and caused harm | Three‑week delay not a serious risk; nurse later recorded "athletic‑style shoes"; no link to later misplacement; Washington already owned Nike shoes | Summary judgment for nurse — no evidence of deliberate indifference |
| Administrators’ liability/policy forbidding brand‑name shoes | Administrators barred purchase of brand‑name therapeutic shoes and committee improperly overrode podiatrist | No evidence of a policy forbidding outside vendor purchases; committee members not named as defendants; no causation shown | Summary judgment for administrators — no policy or causation shown |
| Judicial bias claim | Adverse rulings show bias | Rulings follow law and record | Dismissed — no disqualifying bias shown |
Key Cases Cited
- Lockett v. Bonson, 937 F.3d 1016 (7th Cir. 2019) (view facts in the light most favorable to the nonmoving party)
- Farmer v. Brennan, 511 U.S. 825 (U.S. 1994) (deliberate indifference standard for serious medical needs)
- Petties v. Carter, 836 F.3d 722 (7th Cir. 2016) (application of deliberate indifference standard in prison medical cases)
- Kallal v. CIBA Vision Corp., Inc., 779 F.3d 443 (7th Cir. 2015) (Rule 56(d) requires affidavit or declaration)
- Citizens for Appropriate Rural Rds. v. Foxx, 815 F.3d 1068 (7th Cir. 2016) (party who stalls prosecution cannot seek additional discovery to avoid summary judgment)
- Helping Hand Caregivers, Ltd. v. Darden Restaurants, Inc., 900 F.3d 884 (7th Cir. 2018) (Rule 56(d) motion cannot be based on mere speculation)
- Liteky v. United States, 510 U.S. 540 (U.S. 1994) (standards for judicial bias and disqualification)
