United States District Court, E.D. Wisconsin
STADTMUELLER, U.S. DISTRICT COURT
Richard Redman (“Redman”), a prisoner, brings
this action pursuant to 42 U.S.C. § 1983 against
Defendants, prison officials at Redgranite Correctional
Institution (“Redgranite”), arising from
Redman's medical care related to his right foot. Redman
makes constitutional and state-law claims related to
Defendants' alleged mistreatment. Defendants each filed a
motion for summary judgment as to all of Redman's claims.
(Docket #27 and #34). The motions are fully briefed and, for
the reasons stated below, they will be granted.
STANDARD OF REVIEW
Rule of Civil Procedure 56 provides that the court
“shall grant summary judgment if the movant shows that
there is no genuine dispute as to any material fact and the
movant is entitled to judgment as a matter of law.”
Fed.R.Civ.P. 56(a); see Boss v. Castro, 816 F.3d
910, 916 (7th Cir. 2016). A fact is “material” if
it “might affect the outcome of the suit” under
the applicable substantive law. Anderson v. Liberty
Lobby, Inc., 477 U.S. 242, 248 (1986). A dispute of fact
is “genuine” if “the evidence is such that
a reasonable jury could return a verdict for the nonmoving
party.” Id. The court construes all facts and
reasonable inferences in the light most favorable to the
non-movant. Bridge v. New Holland Logansport, Inc.,
815 F.3d 356, 360 (7th Cir. 2016). The court must not weigh
the evidence presented or determine credibility of witnesses;
the Seventh Circuit instructs that “we leave those
tasks to factfinders.” Berry v. Chicago Transit
Auth., 618 F.3d 688, 691 (7th Cir. 2010). The party
opposing summary judgment “need not match the movant
witness for witness, nor persuade the court that [his] case
is convincing, [he] need only come forward with appropriate
evidence demonstrating that there is a pending dispute of
material fact.” Waldridge v. Am. Hoechst
Corp., 24 F.3d 918, 921 (7th Cir. 1994).
is an inmate at Redgranite. Defendant Christine Dietrich
(“Dietrich”) was an advanced practice nurse
prescriber employed by Maxim Healthcare Services, Inc., a
private company that contracted with the Wisconsin Department
of Corrections to provide health care services to inmates at
Redgranite. While working at Redgranite as a nurse
practitioner, Dietrich signed off on scheduled appointments
but did not have any control over actually scheduling them or
locating a particular provider to which an inmate might be
sent. That was the job of the medical program associate
assistant (“MPAA”), who maintains inmate medical
records, schedules all off-site medical appointments, and
coordinates the necessary transportation and communication of
medical records to outside providers.
Lori Doehling (“Doehling”) is the health services
manager at the institution. The health services manager
provides the overall administrative support and direction of
the health services unit. The primary care clinicians, and
not the health services manager, are responsible for the
professional management of medical services to the
at Redgranite are provided one state-issued pair of shoes.
Inmates are free to purchase additional pairs of shoes, up to
a maximum of three. The health services clinicians may order
the institution to purchase special shoes for inmates with
medical restrictions related to their feet.
clinicians at Redgranite provided him with orthotic inserts
for his shoes since at least 2014. Health services clinicians
also ordered the institution to purchase shoes for Redman
since at least 2014. In 2014, the institution purchased
Redman a pair of black velcro shoes, as well as a pair of
February 26, 2015, Dr. Fern Springs (“Springs”),
a clinician at Redgranite, requested prior authorization for
non-urgent care to address Redman's bilateral bunions
which were continuing to grow to the point where extra
wide/extra depth shoes were insufficient. A podiatry
consultation was approved. Redman was scheduled for an
appointment at the University of Wisconsin Hospital and
Clinics Podiatry Department (“UW Podiatry”).
April 2, 2015, Redman saw Dr. Jill Migon
(“Migon”) at UW Podiatry. Migon took x-rays and
diagnosed Redman with (1) right foot hallux rigidus-arthritis
in Redman's right foot's first metatarsophalangeal
joint (“MPJ”)-and (2) left foot hallux abducto
valgus deformity-a bunion. Migon recommended surgery to fix
the condition in Redman's right foot. Migon further
recommended that the institution allow Redman to purchase
personal shoes from an outside vendor with removable insoles,
wide width, and high tops.
Springs reviewed Migon's recommendations. Springs entered
a prescriber's order to allow Redman to select New
Balance shoes from the approved catalog. Nurse Bellin
(“Bellin”) initialed the entry and sent a patient
communication form to instruct Redman to purchase New Balance
shoes from the approved catalog.
9, 2015, Redman submitted a two-page health services request
to Doehling's attention asking to meet and discuss his
generally answer health services requests and do not always
route them to the health services manager, even if they are
addressed specifically to Doehling. In this case, Bellin
responded to Redman that the prison's property division
was handling the shoe matter and advised him to contact them.
On May 11, Redman sent another health services request to
Doehling regarding Bellin's note. Doehling responded this
time, stating that Redman was able to self-purchase New
Balance brand shoes from one of the approved inmate catalogs.
2015 was Redman's first appointment with Dietrich related
to his foot issues. On that date, she met with Redman to
clear him for the upcoming surgery for right first MPJ
arthrodesis with screw and pin fixation. On June 17, Migon
performed the surgery. Post-surgery orders were written for
Redman that same day, and Dietrich signed them that day. The
orders included Vicodin, periodic icing, extra pillows to
elevate the right foot, that Redman keep the dressing dry and
intact until his follow-up appointment, and that Redman be
non-weightbearing with crutches.
was also prescribed specific medical restrictions. Bellin
completed a medical restrictions form for Redman, which
included, among other restrictions, a wheel chair for one
month, a low bunk on the first floor of the institution,
crutches, an ace wrap, two extra pillows, spectator-only
status at recreation, and a cold bag to use for twenty
minutes every hour for ten days. Bellin also instructed
Redman not to put any weight on his right foot until further
had a follow-up appointment at UW Podiatry on June 19, 2015.
Migon instructed him to continue with the ice and elevation.
She also applied a non-weightbearing cast. At Redman's
next appointment on June 26, Migon removed Redman's
stitches and then reapplied the cast. She recommended that
Redman continue to be non-weightbearing, continue elevation
of his foot, and take Tylenol for pain as needed. Dietrich
signed Migon's June 26 orders on June 30, 2015.
also ordered a follow-up to occur in one month-sometime in
late July-to take x-rays. (Docket #46 ¶ 6); (Docket #51
¶¶ 19-20). If the x-rays showed sufficient
improvement, Dr. Migon planned to remove the cast and
implement a removable hard boot. (Docket #51 ¶¶
19-20). However, the appointment did not occur in
1, 2015, Dietrich entered a request for MPAA to schedule
Redman for his next appointment with UW Podiatry. The MPAA
arranged for Redman to return to UW Podiatry on September 11,
2015. On August 25, Redman submitted a health services
request asking for information on when his cast would be
removed, indicating that the podiatrist told him he would be
casted for six to eight weeks after surgery, and stating that
the next day marked ten weeks since his surgery. (The actual
time elapsed since the cast was applied on June 26 was two
months.) A nurse responded the next day and informed Redman
that he would return to UW Podiatry on September 11.
on August 27, UW Podiatry contacted the MPAA to reschedule
Redman's appointment to October 9, 2015. Initially, it
appears that the institution's remedy was to schedule him
for cast removal at the prison. Later, on September 2, after
a nurse spoke to Dietrich about the cast removal, the staff
determined that they did not have the right equipment.
therefore entered an order for Redman to be scheduled for an
appointment at CHN Orthopedic & Sports Medicine-West
(“CHN”), a local clinic in Berlin, Wisconsin, for
his cast removal. The MPAA was able to schedule an
appointment for Redman to go to CHN on September 3.
David Jones (“Jones”) at CHN removed Redman's
cast, applied an Aircast boot, and recommended that Redman
follow up with Dr. Migon. Dietrich entered an order on that
recommendation the next day. On September 22, 2015, Doehling
met with Redman to discuss his request for high top athletic
shoes due to his Achilles tendon repair in 2000. Doehling
told Redman his request would be approved for size 11.5 3E
width modified high top Nike shoes. The shoes were ordered
for Redman that day.
returned to UW Podiatry on October 9, 2015. Migon noted that
Redman had the cast removed and was given an Aircast boot.
She further noted that he had been “lost to follow
up” and was told by Dietrich and Doehling that this was
due to difficulties in transporting him to Madison. (Docket
#39-1 at 6). Migon wrote that Redman was doing quite well but
had some diminished bone stock.
reported he was ambulating well around his cell since the
cast was removed with no swelling, pain, or other complaints.
Redman's x-rays showed a stable arthrodesis site with two
crossing screws and a one-third tubular plate. There were
signs of spongy bone crossing the fusion site, but it was not
completely fused. Redman was given a surgical shoe with a
stiff bottom to wear at all times to minimize stress on the
joint, but also to allow him to ambulate in order to increase
some bone generation. Migon instructed Redman to minimize his