United States District Court, S.D. Indiana, Indianapolis Division
Matthew P. Brookman Magistrate Judge
ENTRY DENYING DEFENDANT'S SECOND MOTION FOR
SUMMARY JUDGMENT AND DIRECTING FURTHER PROCEEDINGS
J. McKINNEY, JUDGE
reasons explained in this Entry, the defendant's motion
for summary judgment [dkt. 84] is denied.
plaintiff in this 42 U.S.C. § 1983 civil rights action
is James Lee White (“Mr. White”), an inmate who
at all relevant times was confined at the Fayette County Jail
(“the Jail”) as a pretrial detainee. The
defendant is Dr. Dominic J. Maga (“Dr. Maga”). In
his complaint, Mr. White alleges that Dr. Maga was
deliberately indifferent to his serious medical needs in
violation of the Fourteenth Amendment. He seeks compensatory
defendant seeks resolution of the plaintiff's claims
through summary judgment. The plaintiff has responded to the
defendant's motion for summary judgment and the defendant
has replied. The plaintiff has also filed a surreply. The
motion is ripe for resolution.
Summary Judgment Standard
judgment is appropriate when the movant shows that there is
no genuine dispute as to any material fact and that the
movant is entitled to judgment as a matter of law.
Fed.R.Civ.P. 56(a). A “material fact” is one that
“might affect the outcome of the suit.”
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248
(1986). To survive a motion for summary judgment, the
non-moving party must set forth specific, admissible evidence
showing that there is a material issue for trial. Celotex
Corp. v. Catrett, 477 U.S. 317, 323 (1986). The Court
views the record in the light most favorable to the
non-moving party and draws all reasonable inferences in that
party's favor. Darst v. Interstate Brands Corp.,
512 F.3d 903, 907 (7th Cir. 2008). It cannot weigh evidence
or make credibility determinations on summary judgment
because those tasks are left to the fact-finder.
O'Leary v. Accretive Health, Inc., 657 F.3d 625,
630 (7th Cir. 2011).
dispute about a material fact is genuine only “if the
evidence is such that a reasonable jury could return a
verdict for the nonmoving party.” Anderson v.
Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). If no
reasonable jury could find for the non-moving party, then
there is no “genuine” dispute. Scott v.
Harris, 550 U.S. 372, 380 (2007).
basis of the pleadings and the portions of the expanded
record that comply with the requirements of Rule 56(c)(1),
construed in a manner most favorable to Mr. White, the
non-movant, the following facts are undisputed for purposes
of the motion for summary judgment:
16, 2004, Mr. White received a sleep study at St. Mary's
Medical Center. Dkt. 103-1 (Declaration of James Lee White
(“White Decl.”); Dkt. 103-2 (Plaintiff's
“St. Mary's Medical Records”). As a result of
the sleep study, Mr. White's physician, William R. Beam,
M.D., prescribed Mr. White a CPAP machine to treat his sleep
apnea. Dkt. 103-2, at pp. 3, 5. Mr. White used the CPAP
machine every night from June 2004 until his incarceration at
the Jail in October 2011. Dkt. 103-1, ¶¶ 2-3.
October 22, 2012, while confined in the Jail, Mr. White, by
counsel, filed a Motion to Compel Medical Treatment. Dkt.
103-3 (Fayette County Circuit Court, Transcript of Evidence,
November 16, 2012 Hearing (“Transcript”). On
November 16, 2012, the Fayette Circuit Court held a hearing
on Mr. White's motion. Id. During the hearing,
Mr. White requested several medical treatments, including the
use of a CPAP machine while incarcerated at the Jail.
Id., at pp. 7-10. Mr. White and Dr. Maga both
attended the hearing and testified.
Mr. White testified regarding his need for a CPAP machine as
Mr. White: . . . and . . . my sleep machine.
Mr. McMillin: For sleep apnea?
Mr. White: Yes, I have a sleep machine for sleep apnea and
the guys at the jail have told me that I stopped breathing
during the night and they've been scared for me
sometimes, and um, and this machine stops that.
Mr. McMillin: How did you come into having that machine?
Mr. White: I took a test at uh, St. Mary's Hospital in
West Virginia in the sleep center and they put on these
sensors on you and you sleep for three or four hours and then
they put a sleep machine on you and you sleep for four hours
and they compare them and they found out that I had to have
this sleep machine where I could possibly die from sleep
Mr. McMillin: Did you then use that sleep apnea machine?
Mr. White: Yes, I've used it every night since then.
Mr. McMillin: Where is it now?
Mr. White: It's at my house.
Mr. McMillin: And you've been told by the jail officers
it would be inappropriate for you to use ...