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Henry v. Simms

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

September 8, 2014

ROY HENRY, JR., Plaintiff,
v.
BARRY SIMMS, HAYLIE LOTT, DR. BROWN, DOC HOLIDAY and PULASKI COUNTY REGIONAL DETENTION FACILITY, Defendants.

FINDINGS AND RECOMMENDATION

H. DAVID YOUNG, Magistrate Judge.

INSTRUCTIONS

The following findings and recommendation have been sent to United States District Judge James M. Moody, Jr. Any party may serve and file written objections to these findings and 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 Court Clerk no later than fourteen (14) days from the date of the findings and recommendation. The copy will be furnished to the opposing party. Failure to file timely objections may result in a 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 District Judge, you must, at the same time that you file your written objections, include the following:

1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence proffered at the hearing before the District Judge (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The details of any testimony desired to be introduced at the hearing before the District Judge in the form of an offer of proof, and a copy, or the original, of any documentary or other non-testimonial evidence desired to be introduced at the hearing before the District Judge.

From this submission, the 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:

RECOMMENDATION

INTRODUCTION. Defendants Pulaski County Regional Detention Facility ("Detention Facility") and Doc Holiday ("Holiday") have filed a joint motion for summary judgment. See Document 73.[1] Defendant Carl Johnson ("Johnson") has also filed a motion for summary judgment. See Document 77. For the reasons that follow, the undersigned recommends that the motions be granted, the complaint filed by plaintiff Roy Henry, Jr., ("Henry") be dismissed, and judgment be entered for the Detention Facility, Holiday, and Johnson.

FACTS. The undersigned has reviewed the pleadings and exhibits in this case and finds the undisputed material facts to be as follows:

1. On June 24, 2011, Henry was arrested and was incarcerated at the Detention Facility while he awaited trial. See Document 74, Exhibit A at 1.[2]

2. On January 5, 2012, he pleaded guilty to the charge for which he was arrested, see Document 74, Exhibit A at 2, and it appears that he left Holiday's custody and the Detention Facility sometime thereafter.

3. During Henry's stay at the Detention Facility, he experienced a number of problems, problems he specifically identified as follows:[3]

I wrote a grievance to county officials for their 2 week delay of dispensing medication. They, the county, promptly cut-off the air conditioning for 2 weeks. A total defiance [of the Seventh Amendment to the Constitution], then not allowing inmates to remove their shirts in an effort to sleep.
The county jail is a horrible place to reside even for a short period of time. The pads are less than adequate and are never disinfected. The showers are layered with [scum] and mold, not to mention the inmates who masturbate regularly... especially when a female deputy is on duty. The floors are filthy and are cleaned with a minimal amount of bleach....
After going to court, or should I say, while going to court, the deputies refused to allow me to walk up the steps in the front of the bus, but forced me to climb up with the other inmates at the rear of the bus. I lost feeling in my left knee. When we returned from ...

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