United States District Court, N.D. Indiana, Hammond Division
OPINION AND ORDER
S. Van Bokkelen, United States District Judge
the estate of Cedell Wright, has sued Defendant Dr. William
Forgey under 42 U.S.C. § 1983, alleging that his
deliberate indifference to Wright's serious medical needs
while he was a pretrial detainee at the Lake County jail
resulted in Wright's death. This matter is before the
Court on Dr. Forgey's motion for summary judgment (DE
125) and motion to strike certain evidence Plaintiff has
offered in opposition to the summary judgment motion (DE
following facts are taken as true for the purposes of Dr.
Forgey's motion. They are taken largely from Dr.
Forgey's Statement of Undisputed Material Facts (because
Plaintiff, in its response to the motion, does not challenge
any of those facts or identify, in its Statement of Genuine
Disputes any facts it contends are genuinely disputed) and
augmented by facts set out in the “Facts” section
of Plaintiff's brief.
Forgey is a physician affiliated with Correctional Health
Indiana Inc., an Indiana corporation that has contracted to
provide health services to inmates at the Lake County Jail.
He is not an employee of the Lake County Jail or the Sheriff
of Lake County, but serves as the Jail's medical
director. He held that position when Cedell Wright, was a
pretrial detainee at the Jail from November 9, 2012, to March
4, 2013, the day he died. Although Dr. Forgey stated in his
affidavit that he was not responsible for supervising or
administering mental health services at the jail, he had a
collaborative practice agreement with Faith Ornelas, a
Clinical Nurse Specialist, that called for Dr. Forgey to work
with Ornelas to provide health care services to patients of
the Lake County Jail, including providing psychiatric
medication prescriptions and counseling.
jail medical records indicate that he was 5'10" tall
and weighted 134 lbs when he arrived at the Jail. According
to a mental health/suicide intake screening, Wright reported
that he had nothing to look forward to and felt that there
was no help for him and his situation. A mental health
evaluation was attempted on November 20, 2012, but Wright
signed a mental health refusal of care form. Additional
attempts at mental health screenings were not successful. On
November 20, 2012, Wright also refused a comprehensive health
November 30, 2012, Wright reported that he had been
constipated for two weeks and that constipation was a
recurring problem for him. He also reported a loose tooth and
severe pain from the four teeth adjacent to the loose tooth.
He was described as thin and emaciated. He refused the
mineral oil that was prescribed for his constipation. He was
given a dental appointment and scheduled for a clinic visit
that he refused. Mr. Wright was ordered to see Dr. Forgey or
a nurse practitioner in five days.
December 3, 2012, Wright refused to come to the clinic. On
December 4, he refused a lab draw. On December 7, he refused
dental treatment. Dr. Forgey saw him on December 9, when he
noted that Wright was prescribed multiple vitamins due to his
emaciated condition, but refused them.
December 10, 2012, Wright refused dental care and complained
of constipation and abdominal pain. He was given mineral oil.
That evening he made an urgent care call, reporting that he
had not had a bowel movement in four weeks, had abdominal
pain, and had spit up blood. A nurse practitioner's
assessment was constipation with impaction and abdominal
pain. Wright was insisting on a stool softener, but she told
him it could not be given until the impaction cleared. Wright
did not want the impaction manually cleared and agreed to try
a suppository first. He was to see the nurse practitioner two
days later, but on December 13, 2012, he refused a clinic
December 18, 2012, Wright again complained of abdominal pain
and constipation. His abdomen was slightly distended but it
was not painful upon touch. He was given a dose of mineral
oil and was scheduled to have a clinic visit on December 20.
On that date, Wright was evaluated by Dr. Jose Agusti
regarding abdominal pain, constipation, and diarrhea.
January 12, 2013, Wright lost a tooth and complained of a
sharp ache in his left ear. Dr. Forgey was called and he
ordered an antibiotic and pain medication for ten days, as
well as a dental visit. However, Wright did not take these
medications as directed.
January 14, 2013, Wright was seen by a mental health worker
(at least the Court believes the initials after her
name-QMPH-stand for “qualified mental health
provider”) after it was reported that he was not
integrating with the general population, was not eating, was
losing weight and had not showered in five days. The mental
health worker described him as emaciated, flat, and
irritable. He avoided eye contact and his speech was slow,
soft, and slurred.
told her that he would refuse “psych” medications
because he had never taken any medications in his life. He
appeared lethargic, withdrawn, and depressed. He was moved to
the medical wing on the fourth floor for medication,
observation, and stabilization.
Jail medical records document that the mental health staff
evaluated him on January 15, 17, 18, 21, and 22. It was noted
that he was refusing to eat because he did not like jail
food. A nurse practitioner discussed the importance of
calorie intake to ensure immune system strength and stated
that the plan was to consult with the medical director and
consider Megace (an appetite stimulant). Wright said he would
try to eat more. He was also told that mental health services
were available if he wanted to talk to a mental health
worker. On January 22 he reported experiencing auditory
hallucinations that he did not find particularly ...