United States District Court, E.D. Arkansas, Jonesboro Division
ARCHIE W. HENRY, Plaintiff,
MATT HALL, Jail Administrator, Craighead County Jail; et al., Defendants.
PROPOSED FINDINGS AND RECOMMENDATIONS
JOE J. VOLPE, Magistrate Judge.
The following recommended disposition has been sent to United States District Judge James M. Moody, Jr. 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 Court 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 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 detail 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:
Plaintiff Henry, an inmate incarcerated at the Craighead County Detention Facility (Jail), filed this action pro se pursuant to 42 U.S.C. § 1983, alleging inadequate medical care and treatment at the Jail from January 2013 to June 2013, when he was transferred to the Arkansas Department of Correction (Doc. No. 14). He asks for monetary and injunctive relief from Jail Administrator Matt Hall, Nurses Tracy Reece and Chasity Jackson, and Dr. Troxel.
Both Plaintiff and Defendants have filed Motions for Summary Judgment (Doc. Nos. 80-83, 88, 92), and both sides have responded to the respective Motions. (Doc. Nos. 88, 92, 105). After careful consideration of the Motions and Responses, the Court concludes that Defendants' Motions for Summary Judgment should be granted and this matter should be dismissed.
II. AMENDED COMPLAINT
Mr. Henry submitted sick call slips in March 2013 for a sore throat and blood in his stool. (Doc. No. 14 at 5.) Nurse Reece diagnosed him with hemorrhoids and prescribed medication for two to three weeks, without improvement. ( Id. ) Reece later took a blood sample, checked his blood pressure, and told Plaintiff she would schedule him to see the doctor. ( Id. ) Plaintiff continued to have blood in his stool and a sore throat, but when he again saw Reece in April, she told him to wait for his doctor's appointment, and to show officers evidence of blood in his stool. ( Id. )
Plaintiff later saw Nurse Jackson, who gave him a stool sample kit which he used. (Doc. No. 14 at 6.) Plaintiff then saw Dr. Troxel, who examined his throat, noting redness and swelling. ( Id. ) He also prescribed steroids and "Marcrocillin, " but did not tell Plaintiff why his throat was sore or what was wrong. ( Id. ) The medication was not effective, and Plaintiff returned to the infirmary to see Nurse Jackson, who unsuccessfully attempted to draw Plaintiff's blood numerous times. ( Id. at 7.) Nurses Reece and Jackson then told Plaintiff he needed a colon cancer test and Plaintiff would be required to pay $350.00. ( Id. ) Later, they told him that Mr. Hall, Jail Administrator, ordered them to discontinue his medical care until he could pay the ...