Stewart v. Wexford Health Sources, Inc., No. 19-2994 (7th Cir. 2021)
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The Seventh Circuit affirmed the district court's grant of summary judgment for defendants in an action brought by plaintiff, an inmate at the Dixon Correctional Center, alleging that defendants violated his Eighth Amendment rights when they were deliberately indifferent to his serious medical needs by refusing to grant him an exemption to wearing a restrictive security device, a black box, when he left the facility for medical appointments.
In regard to claims against Dr. Mesrobian, the court concluded that no reasonable jury could find that Dr. Mesrobian acted with deliberate indifference to a substantial risk to plaintiff's health where the doctor concluded that an exemption was not necessary because the amount of force used was minimal and the security concerns significant. In regard to claims against Wexford Health, the court concluded that Wexford Health did not have a policy or practice of per se denials of black box exemptions or of failing to perform assessments to determine whether an exemption was warranted. In regard to claims against Assistant Warden Steele, the court concluded that prison administrators were not indifferent by depending on medical personnel to make medical assessments and that the IDOC, through Steele in his official capacity, did not fail to implement policies in a way that added up to deliberate indifference. Furthermore, the court did not find sufficient evidence to allow a reasonable jury to conclude that the IDOC had an unconstitutional custom or practice of not giving black box exemptions to inmates with conditions like that of plaintiff.
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