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Crawford v. Peikar

United States District Court, E.D. Arkansas, Eastern Division

July 11, 2014

JEFFERY L. CRAWFORD, Reg. #XXXXX-XXX, Plaintiff,
v.
NADER PEIKAR, Doctor, FCI-FC, et al., Defendants.

PROPOSED FINDINGS AND RECOMMENDED DISPOSITION INSTRUCTIONS

J. THOMAS RAY, Magistrate Judge.

The following recommended disposition has been sent to United States District Judge Susan Webber Wright. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Clerk no later than fourteen (14) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact.

If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the United States District Judge, you must, at the same time that you file your written objections, include a "Statement of Necessity" that sets forth the following:

1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence to be proffered at the requested hearing before the United States District Judge was not offered at the hearing before the Magistrate Judge.
3. An offer of proof setting forth the details of any testimony or other evidence (including copies of any documents) desired to be introduced at the requested hearing before the United States District Judge.

From this submission, the United States District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge.

Mail your objections and "Statement of Necessity" to:

I. Introduction

Plaintiff, Jeffrey L. Crawford, is a prisoner who formerly was incarcerated in the Federal Correctional Complex, Forrest City ("FCC-Forrest City").[1] In this pro se Bivens action, he alleges that his constitutional rights were violated at FCC-Forrest City when Defendants failed to provide him adequate medical care for "spinal and nerve damage" to his back."[2]

Defendants have filed a Motion for Summary Judgment and supportive pleadings. Docs. 97-99. Plaintiff has responded.[3] Docs. 102-104.

II. Facts

Before discussing the merits of Defendants' Motion for Summary Judgment, the Court will summarize the relevant undisputed facts:[4]

1. On December 6, 2010, Plaintiff arrived at FCC-Forrest City and underwent medical screening and physicals over the next four days. Doc. 99-3 at 2. He reported hypertension, hemorrhoids, and having leg pain with no numbness or tingling for one month "no MOI [mechanism of injury] known." Doc. 99-3 at 16, 30. He had a full range of motion in his left lower extremity, and a negative straight leg raise. Doc. 99-3 at 34. When he arrived at FCC-Forrest City, he was 49 years old.

2. At sick call on December 22, 2010, Plaintiff was seen by Defendant Dr. Peikar for complaints of hypertension and hemorrhoids.[5] Doc. 99-3 at 39.

3. On December 28, 2010, Plaintiff submitted a "request to staff" form complaining of extreme pain in his left leg. Doc. 99-3 at 44.

4. On January 3, 2011, Plaintiff had a dental visit, and on January 4, 2011, he failed to appear for a routine chest x-ray. Doc. 99-3 at 46-49.

5. On January 20, 2011, Defendant PA Wingo responded to Plaintiff's December 28, 2010 "request to staff, " placing him on sick call. Doc. 99-3 at 44.

6. At sick call on February 8, 2011, Plaintiff saw PA Wingo complaining of left back pain going into his left calf with "no MOI." Doc. 99-3 at 53. He stated that he had the pain for a month, and it was worsening, with no numbness or tingling. Doc. 99-3 at 53. Wingo prescribed steroids and ordered hip and lumbar x-rays. Id. at 54. Plaintiff was ambulating with crutches.[6]

7. At sick call on February 13, 2011, Plaintiff saw RN Barker complaining of left side pain and weakness that worsened overnight. Doc. 99-3 at 56. She called Dr. Kenneth Russell, who called in a prescription for tylenol with codeine, and scheduled him to return in the morning so he could be seen by a physician.

8. At sick call on February 14, 2014, Plaintiff saw Dr. Russell, who gave him a steroid injection. Doc. 99-3 at 60, 62. Dr. Russell noted that "if there is true weakness, not just because of pain that this is an urgent case to get to the neurosurgeon or neurologist." Doc. 99-3 at 60. Plaintiff denied a "history of injury" to his back. Doc. 99-3 at 61.

9. On February 15, 2011, Plaintiff was "sent to health services per officer's request for evaluation by medical... [Plaintiff] left health services without ...


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