White v. Woods

48 F.4th 853

Richard WHITE, Plaintiff-Appellant,

v.Blake WOODS and Alfonso David, Defendants-Appellees.

No. 21-2291

United States Court of Appeals, Seventh Circuit.

Argued March 29, 2022

Decided September 19, 2022

Kenneth N. Flaxman, Joel A. Flaxman, Attorneys, Law Office of Kenneth N. Flaxman P.C., Chicago, IL, for Plaintiff-Appellant.

Julie Ann Teuscher, Attorney, Cassiday Schade LLP, Chicago, IL, for Defendants-Appellees.

Before Flaum, St. Eve, and Jackson-Akiwumi, Circuit Judges.

Jackson-Akiwumi, Circuit Judge.

Richard White injured his left knee while incarcerated and playing basketball at Shawnee Correctional Center in Illinois in June 2015. From the date of his injury through November 2017, White complained about knee pain to various prison nurses and doctors, including Nurse Practitioner Blake Woods and Doctor Alfonso David. Nurse Woods and Dr. David met White's complaints with "conservative" treatment, and White did not receive a magnetic resonance imaging ("MRI") for his knee until December 2017. The MRI revealed that White had a serious knee injury that required surgery.

White brought suit under 42 U.S.C. § 1983 against Nurse Woods, Dr. David, and the prison's healthcare provider, Wexford Health Sources, Inc., alleging that the defendants were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. The district court dismissed White's claims at various stages of the litigation. On appeal, White challenges three of the court's decisions. First, White argues that the district court improperly dismissed Wexford from the suit at screening by reading White's complaint to contain only a theory of liability under Monell v. Department of Social Services , 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), against Wexford, instead of reading the complaint to also allege a negligence claim against the company. Second, White argues that the district court abused its discretion by denying White leave to amend the complaint to add negligence claims against the defendants. Finally, White argues that the district court improperly granted Nurse Woods and Dr. David summary judgment on his deliberate indifference claims.

Because the evidence viewed in the light most favorable to White shows a factual dispute over whether Nurse Woods and Dr. David were deliberately indifferent to White's knee condition, we vacate the district court's dismissal of those claims. We affirm in all other respects.

I. Background

A. White's Knee Injury and Treatment

We recount the facts in the light most favorable to White, the nonmoving party. Stewardson v. Biggs , 43 F.4th 732, 734–35 (7th Cir. 2022). On June 26, 2015, White was playing basketball at Shawnee Correctional Center when someone landed on his left knee, injuring it. Between June 2015 and November 2017, medical staff saw White for left knee pain at the prison's medical unit at least fifteen times. Below, we summarize some of those encounters.

On the day of his injury, White was escorted to the medical unit in a wheelchair. But Nurse Woods did not examine White because he did not have an appointment. Instead, Nurse Woods told a non-party nurse to give White crutches. Four days later, Nurse Woods saw White and assessed White's knee pain, scheduled a follow-up appointment for July 10, and ordered crutches for White. Nurse Woods's treatment notes do not indicate whether Nurse Woods performed a complete physical examination on White.

On July 3, White's left knee "popped." White saw a non-party nurse who told Nurse Woods that White was unable to extend or bend his leg but had no swelling or obvious deformity. Nurse Woods prescribed a steroid, an anti-inflammatory, and a leg wrap. For the first time, he also ordered an X-ray of White's knee, which showed that White had osteoarthritis and knee joint effusion (a collection of fluid in the knee), but no fractures or dislocations.

During the follow up appointment on July 10, Nurse Woods noted that White's left knee was "still swollen" and that White was not using his crutches. Nurse Woods prescribed anti-inflammatory medicine for a month and told White to follow up as needed. Nurse Woods's notes do not indicate whether Nurse Woods conducted a complete physical examination on White during this visit. There is also no indication that Nurse Woods did anything to rule out an anterior cruciate ligament ("ACL") tear or a meniscus tear. According to Nurse Woods, "the only objective way to diagnose [those injuries]" would have been through an MRI, but he believed that it "wasn't time to do one yet."

On July 17, White saw a non-party nurse and complained of a limp and an inability to straighten his left leg. Via the non-party nurse, Nurse Woods advised White to continue the prescribed anti-inflammatory medicine.

On August 10, White saw a non-party nurse and complained of left knee pain, and he received crutches. On August 11, White saw Nurse Woods and complained of left knee pain. According to Nurse Woods's treatment notes, White's knee had moderate swelling and mild warmth. Nurse Woods performed a "drawer test" to assess White's ACL and the test was negative. On this day, nearly seven weeks after White was wheeled into the medical unit for his knee injury, Nurse Woods finally referred White to Dr. David to assess White's left knee pain because he "knew that [White] would probably need something more ... likely a specialty referral or an MRI."

On August 13, one day shy of seven weeks after White's knee injury, Dr. David saw White for the first time. White complained of left knee pain and that his knee kept "popping out" of place. According to Dr. David's treatment notes, White had a tender knee and was unable to fully extend it, but White also had not complied with directions to use crutches. Dr. David diagnosed White with a left knee ligament strain. He ordered White to use crutches for three weeks and take anti-inflammatory medicine. He also ordered a second X-ray of White's knee. The X-ray revealed excess fluid around the knee but no fracture.

On September 8, about ten weeks after White's injury and four weeks after he first saw Dr. David, two relevant events occurred. First, White saw Dr. David at a follow up appointment. White complained that he still had knee pain and his knee still frequently popped out or gave out. Dr. David noted that White had a limp and was unable to fully extend his leg, but a "Lachman test" to diagnose an ACL injury was negative. Second, Dr. David asked Wexford's collegial review board¹ to approve an MRI² referral for White. Dr. David thought that White had a ligament tear or strain, which an MRI could diagnose. Dr. David further noted that conservative treatments had failed. Wexford rejected the request and recommended that White receive physical therapy instead.

On September 18, White saw a physical therapist who performed a full physical examination and diagnosed White with a possible internal derangement of the knee due to a sports injury. The therapist observed that White had no swelling, redness, or warmth. The therapist believed White's knee had good rehab potential and recommended that White receive skilled physical therapy.

For the next two months, White participated in physical therapy. In the meantime, he continued to complain of knee pain, but Dr. David recommended that he continue physical therapy before scheduling another appointment. On November 30, after White completed physical therapy, he saw Dr. David again. Dr. David noted that White's knee was unremarkable with no motion limitation and good strength. He also noted that White was walking normally and able to do squats.

On January 28, 2016, however, White's knee "snapped out of place" again. He saw a non-party nurse and complained that his knee pain was an eight on a ten-point scale. The nonparty nurse referred White to be seen by a doctor. The next day, Nurse Woods saw White and noted an "unresolved ACL issue."

On March 14, Dr. David diagnosed White with an ACL sprain. Dr. David prescribed pain medication and instructed White to continue exercises.

Between July and November 2017, White visited the medical unit at least four more times complaining of left knee issues. For example, in August, White's knee "snapped out of place" and he was taken in a wheelchair to the medical unit. He saw a non-party nurse, and Dr. David ordered an X-ray. The X-ray showed that white's knee had arthritis, excess fluid around the knee, and no fractures. Dr. David performed a Lachman test, which was negative. Dr. David found no swelling, tenderness, or limitation. And on November 4, White was rolled in a wheelchair to the medical unit and saw a non-party nurse. White was unable to straighten his leg. Dr. David ordered an anti-inflammatory and another X-ray.

On November 16, Dr. David saw White again. White was unable to fully extend his leg. Dr. David submitted a second request for an MRI to Wexford's collegial review board. The board approved the request. White received the MRI two and a half years after his injury and one year, eleven months after Nurse Woods's note first mentioned that White suffered from an "unresolved ACL issue."

The MRI revealed that White had a meniscus tear and an ACL tear. Following this diagnosis, White received surgery on his left knee. White continued to have knee issues after his surgery.

B. District Court Proceedings

1. Pro Se Complaint, Screening Disposition, and Litigation Deadlines

In February 2018, White filed a pro se complaint against Nurse Woods, Dr. David, and Wexford. When screening White's complaint pursuant to 28 U.S.C. § 1915(e)(2), the district court organized White's allegations into three counts: Count 1 – claims against Dr. David, Nurse Woods, and unnamed nurses for deliberate indifference to his knee injury in violation of the Eighth Amendment; Count 2 – a Monell claim against Wexford for failing to establish policies and procedures at the prison to ensure prompt medical service; and Count 3 – a claim that defe...