United States District Court, E.D. Wisconsin
DECISION AND ORDER
RUDOLPH T. RANDA U.S. District Judge
Lorenzo Wood, who is representing himself, filed an amended
complaint pursuant to 42 U.S.C. §1983, alleging that his
civil rights had been violated. (ECF No. 34.) The Court
screened the plaintiff’s amended complaint pursuant to
28 U.S.C §1915A(a) and allowed him to proceed with his
claims that Sue Neil, Patricia Billings, and Mark Bender were
deliberately indifferent to his serious medical condition in
violation of the Eighth Amendment. (ECF No. 33.) The Court
granted Bender’s motion for summary judgment on
September 8, 2014. (ECF No. 55.) On January 19, 2016, Neil
filed a motion for summary judgment. That motion is now fully
briefed and ready for the Court’s
the relevant time, the plaintiff was incarcerated at the
Racine County Correctional Institution
(“Racine”), which is a medium-security
institution. Defendant Neil is currently employed by the
Wisconsin Department of Corrections (“DOC”) as a
Nurse Clinician 2 at Racine.
November 3, 2010, the plaintiff had an MRI exam. Shortly
thereafter, he was diagnosed with a probable ACL tear to his
left knee. On December 17, 2010, the plaintiff was seen by
Dr. Grossman at Waupun Memorial Hospital for an orthopedic
consultation. On January 27, 2011, Dr. Grossman performed a
surgical procedure on the plaintiff’s left knee. Dr.
Grossman also provided post-op orders that included the
following: prescription for the pain reliever Lortab, weight
bearing as tolerated, dressing changes for seventy-two hours
then a switch to band aids, a hinged knee brace, elevation of
the knee/leg, ice on the affected area, and notification to
the Racine doctor in the event the knee becomes
to the medical records, on January 31, 2011, Racine nurse
Debbie Nutting cleaned the surgery site and changed the
dressings, at which time she noted no sign of infection.
However, the plaintiff states that no one examined him on
January 31, 2011, nor did anyone clean the surgery site that
day. He explains, “Any alleged exhibits put into
evidence by [Neil] . . . is nothing but a fabrication by
[Racine] nursing staff to doctor up the records.” (ECF
No. 107 ¶ 8.)
February 10, 2011, Nurse Billings removed the
plaintiff’s stiches. The medical records indicate there
was no sign of infection. The plaintiff agrees that Billings
removed his stiches that day, but he disagrees that there was
no sign of infection. Later that day, Nurse Amandy Moore (the
plaintiff argues it was Billings) examined the
plaintiff’s knee. He complained of pain and stiffness
with drainage that increased after the stiches were removed.
According to the medical records, the plaintiff’s
wounds were cleaned, antibiotic ointment was applied to the
wounds, and he was given pain medication, ice, and supplies
for bandage changes.
examined the plaintiff’s knee the following day, on
February 11, 2011, for the first time. The plaintiff
complained of “spurting serous fluid from medial aspect
of an old suture site.” (Id. at ¶11.) He
denied chills, but complained of “increased stiffness
in his right [sic] knee and large amounts of drainage.”
(Id.) Neil states that she consulted with Dr.
Grossman and physician’s assistant Mark Bender. Neil
states that she spoke with Dr. Grossman on the phone, and he
instructed that the surgical wound site be reinforced with
steri-strips and an Ace wrap. He also reordered pain
medication and prescribed an antibiotic. According to Neil,
Dr. Grossman ordered her to follow up with the plaintiff on
February 14, 2011.
states that on February 14, 2011, she followed up with the
plaintiff as instructed. She noted that the plaintiff’s
knee had no redness or swelling and that the steri-strips
were intact. She observed a small amount of drainage. She
updated Dr. Grossman, who made no changes to his treatment
instructions. The plaintiff disputes Neil’s statements,
arguing that she did not examine him on February 14,
to the final report authored by Dr. Grossman, he contacted
Racine health staff on February 14 and someone (Neil does not
clarify who) reported that the plaintiff was healing well.
Dr. Grossman recommended that the knee be steri-stripped and
that the plaintiff start antibiotics.
states that she followed Dr. Grossman’s orders by
ensuring the wound was steri-stripped and ordering the
Ciprofloxacin. She also states that she had no further
involvement with the treatment of the plaintiff’s left
knee after February 14, 2011.
to the medical records, the next day, on February 15, 2011,
Racine staff contacted Dr. Grossman to inform him that the
plaintiff’s knee was not doing well. Dr. Grossman
recommended that the plaintiff be transported to the
emergency room. The plaintiff was later assessed with a
probable septic left knee. Dr. Grossman recommended emergent
arthroscopy with irrigation. The plaintiff underwent an
irrigation and debridement procedure and a second-look
arthroscopy on February 18, 2011.
February 24, 2011, the plaintiff was admitted to the
infirmary at the Dodge Correctional Institution, where he
received treatment for his knee. On March 23, ...