Wheeler v. Wexford Health Source Inc
3:11-cv-00839
S.D. Ill.Jul 24, 2012Background
- Anthony Wheeler, an IDOC inmate, sues under 42 U.S.C. § 1983 for deliberate indifference to a serious medical need (hemorrhoids) at Pinckneyville C.C. between 2005 and 2011, with ongoing treatment concerns.
- Wheeler sought a surgery via a preliminary injunction; the court denied relief, and the Seventh Circuit vacated and remanded for service on all relevant defendants and an evidentiary hearing.
- On remand, the court identifies Count 1 alleging deliberate indifference by Wexford Health Sources, Inc. and multiple doctors and staff, continuing to date.
- The court must complete threshold review of the Second Amended Complaint under 28 U.S.C. § 1915A and assess joinder under Rule 18/20.
- The court appoints counsel for Wheeler due to case complexity and judicial economy, and authorizes service of process via U.S. Marshal on named defendants.
- Pro se motions for appointment of a medical expert are denied without prejudice to counsel’s determination of necessary evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wheeler is entitled to injunctive relief for medical treatment. | Wheeler asserts ongoing deliberate indifference requiring surgery. | Defendants contest need for immediate surgery and seek conservative treatment. | Remains to be decided after evidentiary hearing (injunctive relief referred to Judge Williams). |
| Whether counsel should be appointed for Wheeler. | Counsel is necessary due to medical complexity and procedural hurdles. | Not explicitly opposed; court weighs indigence and case complexity. | Counsel appointed for Wheeler for all further proceedings. |
| Whether the case should proceed with service of process on named defendants. | Service should be authorized to address merits of injunction and claims. | Proper defendants identified; service authorized to move forward. | USMS appointed to effect service on listed defendants; clock for service set. |
| Whether the Second Amended Complaint passes threshold review under 1915A and joinder rules. | Claims assert a cognizable Eighth Amendment violation against multiple defendants. | Threshold review and joinder require careful pruning; some claims may not be properly joined. | Threshold review ordered with further analysis in separate order. |
Key Cases Cited
- George v. Smith, 507 F.3d 605 (7th Cir. 2007) (joinder and pleading standards for improper parties in civil actions)
- Santiago v. Walls, 599 F.3d 749 (7th Cir. 2010) (standard for appointment of counsel in civil rights actions)
- Farmer v. Haas, 990 F.2d 319 (7th Cir. 1993) (inquiry into plaintiff's competence to try case with or without counsel)
- Greeno v. Daley, 414 F.3d 645 (7th Cir. 2005) (factors for appointing counsel in complex cases)
- Pruitt v. Mote, 503 F.3d 647 (7th Cir. 2007) (Santiago framework for determining need for counsel)
