Shuhaiber v. Sood, Schwarz, Pfister, and Nicholson

Summary

The United States District Court for the Northern District of Illinois grants summary judgment to former and current wardens in an incarcerated plaintiff's 42 U.S.C. § 1983 deliberate-indifference claim concerning treatment of celiac disease. The court denies summary judgment to the medical defendants, finding genuine disputes regarding the plaintiff's disclosure of his condition, the failure to provide a gluten-free diet, specialist referral, and prior medical records. The case proceeds against the medical defendants under the Eighth Amendment.

Holdings

1. The Warden Defendants were entitled to summary judgment because Plaintiff presented no evidence that either warden personally participated in, knew of, or consented to the alleged constitutional deprivation.
2. Summary judgment was inappropriate because genuine disputes of material fact existed concerning when the defendants learned of Plaintiff's celiac disease, the appropriate treatment for that condition, and whether failing to prescribe a gluten-free diet constituted deliberate indifference.
3. Summary judgment was inappropriate because a reasonable jury could find that the defendants' failure to investigate Plaintiff's celiac disease and refer him to a specialist was blatantly inappropriate and constituted deliberate indifference.
4. Summary judgment was inappropriate because a genuine dispute existed concerning whether the defendants' failure to request and review Plaintiff's prior medical records radically departed from accepted medical standards and constituted deliberate indifference.

Questions Presented

1. Whether the Warden Defendants were entitled to summary judgment because the record failed to show their personal involvement in, or knowledge of, the alleged Eighth Amendment violation.
2. Whether Dr. Sood and P.A. Schwarz were entitled to summary judgment on Plaintiff's Eighth Amendment deliberate-indifference claim concerning failure to prescribe a gluten-free diet.
3. Whether Dr. Sood and P.A. Schwarz were entitled to summary judgment concerning their alleged failure to refer Plaintiff to a specialist.
4. Whether Dr. Sood and P.A. Schwarz were entitled to summary judgment concerning their alleged failure to obtain and review Plaintiff's prior medical records.

Disposition

other