United States District Court, S.D. Indiana, Terre Haute Division
ENTRY GRANTING MOTION FOR SUMMARY JUDGMENT AND
DIRECTING ENTRY OF FINAL JUDGMENT
R. SWEENEY II, JUDGE.
Jim Wesley Davis, a federal inmate, alleges that the medical
staff at the Federal Correctional Institution in Terre Haute,
Indiana, (“FCI Terre Haute”) provided him
inadequate medical treatment following hernia surgery in July
2017. Davis claims that as a result of this inadequate
treatment he developed an infection and was hospitalized for
several days. Davis brings this suit for money damages
against the United States of America under the Federal Tort
Claims Act (“FTCA”). The United States seeks
resolution of this action through summary judgment. For the
reasons explained below, the motion for summary judgment, dkt
, is granted.
Standard of Review
motion for summary judgment asks the Court to find that a
trial is unnecessary because there is no genuine dispute as
to any material fact and, instead, the movant is entitled to
judgment as a matter of law. See Fed. R. Civ. P.
56(a). As the current version of Rule 56 makes clear, whether
a party asserts that a fact is undisputed or genuinely
disputed, the party must support the asserted fact by citing
to particular parts of the record, including depositions,
documents, or affidavits. Fed.R.Civ.P. 56(c)(1)(A). A party
can also support a fact by showing that the materials cited
do not establish the absence or presence of a genuine dispute
or that the adverse party cannot produce admissible evidence
to support the fact. Fed.R.Civ.P. 56(c)(1)(B). Affidavits or
declarations must be made on personal knowledge, set out
facts that would be admissible in evidence, and show that the
affiant is competent to testify on matters stated.
Fed.R.Civ.P. 56(c)(4). Failure to properly support a fact in
opposition to a movant's factual assertion can result in
the movant's fact being considered undisputed, and
potentially in the grant of summary judgment. Fed.R.Civ.P.
56(e). See also Local Rule 56-1(e) (citations to
supporting facts required) and 56-1(k) (Notice to Pro Se
Litigant at dkt. 33).
deciding a motion for summary judgment, the Court need only
consider disputed facts that are material to the decision. A
disputed fact is material if it might affect the outcome of
the suit under the governing law. Williams v.
Brooks, 809 F.3d 936, 941-42 (7th Cir. 2016). “A
genuine dispute as to any material fact exists ‘if the
evidence is such that a reasonable jury could return a
verdict for the nonmoving party.'” Daugherty v.
Page, 906 F.3d 606, 609-10 (7th Cir. 2018) (quoting
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248
summary judgment, a party must show the Court what evidence
it has that would convince a trier of fact to accept its
version of the events. Gekas v. Vasilades, 814 F.3d
890, 896 (7th Cir. 2016). The moving party is entitled to
summary judgment if no reasonable fact-finder could return a
verdict for the non-moving party. Nelson v. Miller,
570 F.3d 868, 875 (7th Cir. 2009). 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.
Skiba v. Illinois Cent. R.R. Co., 884 F.3d 708, 717
(7th Cir. 2018). It cannot weigh evidence or make credibility
determinations on summary judgment because those tasks are
left to the fact-finder. Miller v. Gonzalez, 761
F.3d 822, 827 (7th Cir. 2014). The Court need only consider
the cited materials, Fed.R.Civ.P. 56(c)(3), and the Seventh
Circuit Court of Appeals has repeatedly assured the district
courts that they are not required to “scour every inch
of the record” for evidence that is potentially
relevant to the summary judgment motion before them.
Grant v. Trustees of Indiana University, 870 F.3d
562, 573-74 (7th Cir. 2017).
the standard set forth above, the following facts are
accepted as true for the purpose of resolving the pending
motion for summary judgment.
is a federal inmate incarcerated at FCI Terre Haute. He is
not a physician, has no medical training, and has never
worked in any job relating to medicine.
2006, Davis had a liver transplant operation at Baylor All
Saints Hospital in Fort Worth, Texas. As a result of the
liver transplant, Davis has a compromised immune system. He
takes cyclosporine, an immunosuppressive drug that is used to
prevent organ rejection.
Davis's Hernia Surgery and Post-Surgical Medical
1, 2017, while a federal inmate, Davis underwent surgery to
repair a ventral hernia. This surgery was conducted by Dr.
Mark Lynch at Union Hospital in Terre Haute, Indiana. During
the May 1, 2017, surgery, Dr. Lynch replaced a piece of
exhausted mesh (from Davis's prior hernia surgery) with a
new piece of mesh. Dr. Lynch informed Davis that it was
normal to retain fluid and have swelling near the surgical
area following surgery.
the hernia surgery, Davis returned to FCI Terre Haute on or
around May 4, 2017. On May 8, 2017, Davis was seen at sick
call by Heather Mata, a physician's assistant at FCI
Terre Haute. During this appointment, Davis requested an
increase in his prescription for Percocet. Davis claims that,