United States District Court, S.D. Indiana, Terre Haute Division
ENTRY GRANTING DEFENDANTS' UNOPPOSED MOTIONS FOR
Jane Magnus-Stinson, Chief Judge
Jerry Donald Shake filed this civil rights action based on
circumstances that arose while he was a pretrial detainee at
the Vigo County Jail. Mr. Shake alleges that defendants Dee
Smiley and Susan Streeter were deliberately indifferent to
his skin condition (an allergic reaction and scabies) in
violation of his constitutional rights.
now seek resolution of the claims alleged against them
through summary judgment. They argue that Mr. Shake has
failed to produce any evidence that his treatment for an
allergic reaction or scabies violated his Eighth or
Fourteenth Amendment rights. For the reasons explained below,
defendant Susan Streeter's motion for summary judgment
filed October 31, 2017, and defendant Dee Smiley's motion
for summary judgment filed November 15, 2017, dkts  and
, are granted.
Standard of Review
judgment should be granted “if the movant shows that
there is no genuine dispute as to any material fact and the
movant is entitled to a 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). The Court views the
facts in the light most favorable to the non-moving party and
all reasonable inferences are drawn in the non-movant's
favor. Ault v. Speicher, 634 F.3d 942, 945 (7th Cir.
2011). “The applicable substantive law will dictate
which facts are material.” National Soffit &
Escutcheons, Inc., v. Superior Systems, Inc., 98 F.3d
262, 265 (7th Cir. 1996) (citing Anderson, 477 U.S.
party seeking summary judgment always bears the initial
responsibility of informing the district court of the basis
for its motion, and identifying those portions of ‘the
pleadings, depositions, answers to interrogatories, and
admissions on file, together with the affidavits, if any,
' which it believes demonstrate the absence of a genuine
issue of material fact.” Celotex Corp. v.
Catrett, 477 U.S. 317, 323 (1986). “[T]he burden
on the moving party may be discharged by
‘showing'-that is, pointing out to the district
court-that there is an absence of evidence to support the
nonmoving party's case.” Id. at 325.
case, Defendants have met that burden through their unopposed
motions for summary judgment. Smith v. Lamz, 321
F.3d 680, 683 (7th Cir. 2003) (“[F]ailure to respond by
the nonmovant as mandated by the local rules results in an
admission.”). By not responding to the motions for
summary judgment, Mr. Shake conceded to Defendants'
version of the facts. Brasic v.Heinemann=sInc., 121
F.3d 281, 286 (7th Cir. 1997). This is the result of Local
Rule 56-1, of which Mr. Shake was notified. See dkt. 29. This
does not alter the standard for assessing a Rule 56 motion,
but does “reduc[e] the pool” from which the facts
and inferences relative to such a motion may be drawn.
Smith v. Severn, 129 F.3d 419, 426 (7th Cir. 1997).
Streeter is a Registered Nurse in the State of Indiana, who
has almost twenty years of nursing experience. She is a
full-time employee for Quality Correctional Care, LLC, and
works as a nurse at the Vigo County Jail. She provides
nursing care and services to the inmates at the jail.
Smiley is the Jail Matron. She is responsible for the review
and processing of all inmate grievances. Inmate grievances
are made through a Vigo County Security Inmate General Action
Request Form (Action Form). The Action Forms related to
medical care are sent to the medical department consistent
with Jail policy. Ms. Smiley was not involved in Mr.
Shake's actual medical treatment. Her role was to review
and process the Action Forms Mr. Shake submitted. Ms. Smiley
responded to each Action Form and request for medical
treatment made by Mr. Shake.
Emerson, M.D., is the physician at the Vigo County Jail. He
visits the Vigo County Jail every Friday and is on-call
twenty-four hours a day to answer any medical questions posed
by the nursing staff.
about June 18, 2016, Mr. Shake was arrested in Terre Haute
and incarcerated as a pre-trial detainee in the Vigo County
Jail. He remained at the Vigo County Jail for six months.
While incarcerated at the Vigo County Jail, Mr. Shake
experienced a rash and hives.
August 17, 2016, Mr. Shake complained of an itchy rash. Two
days later, he met with Dr. Emerson who diagnosed Mr. Shake
with an allergic reaction and prescribed Prednisone for an
eight-day period. This was an effective treatment and
temporarily resolved Mr. Shake's rash.
September 11, 2016, Mr. Shake asked for more Prednisone and
Benadryl because he continued to experience discomfort with
his rash. The following day, Nurse Streeter examined Mr.
Shake. She noted he had redness and raised bumps in the
webbing of his hands and feet, and he also had a rash in his
groin area and lower abdomen. Nurse Streeter determined he