United States District Court, W.D. Arkansas, Hot Springs Division
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE
BARRY A. BRYANT, Magistrate Judge.
This is a civil rights action filed by the Plaintiff, Bobby Dwayne Williams, under the provisions of 42 U.S.C. § 1983. Plaintiff proceeds pro se and in forma pauperis.
Plaintiff is currently incarcerated at the Pine Bluff Unit of the Arkansas Department of Correction. The alleged constitutional violations at issue in this case occurred while Plaintiff was incarcerated in the Omega Technical Violators Unit of the Arkansas Community Correction (ACC) located in Malvern, Arkansas.
Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3)(2013), the Honorable Susan O. Hickey, United States District Judge, referred this case to the undersigned for the purpose of making a report and recommendation. Currently before me is a motion for summary judgment (ECF No. 50) filed by the separate Defendants Sergeant Short and Warden Brown (the ACC Defendants) and a motion for summary judgment (ECF No. 53) filed by separate Defendant Nurse Aldridge. Plaintiff has responded to the motions (ECF Nos. 57 & 58) and various reply briefs have been filed (ECF Nos. 59-62). The motions are ready for decision.
Plaintiff was assigned to the Omega Unit beginning in December of 2012 for a period of ninety days. ACC Exhibit 1, Doc. 50-1 at pgs. 12-13. Medical care, at least at during the relevant time frame, was provided to ACC residents by Corizon, Inc. ACC Exs. 4 & 5. ACC employees were not involved in the delivery of medical services. Id . Amanda Aldridge works as a Licensed Practical Nurse (LPN) at the Omega Unit. Aldridge Exhibit B.
On January 1, 2013, Plaintiff was seen by an LPN for complaints of coughing, itchy throat, and headaches that he maintained were caused by his exposure to black mold at the Crawford County Detention Center. Aldridge Ex. D at pgs. 1-2; Aldridge Ex. F at pg. 2. Plaintiff was given an antihistamine and acetaminophen for five days. Id . He was told to follow up if he did not improve. Id.
That same day, Plaintiff was examined for complaints of a knot in the center of his chest that was painful. Aldridge Ex. D at pg. 3; Aldridge Ex. F at pg. 2. Plaintiff's records indicate that he had made this same complaint previously and it was determined no surgical procedure was necessary. Id . The Omega Unit physician, Dr. Ware, prescribed 600 mg. of Ibuprofen three times a day as needed for thirty days. Id.
On January 8th, Plaintiff was seen at sick call by an LPN for complaints of an ongoing sinus pressure headache, sores and blood in his nose, and sores in his throat. Aldridge Ex. D at pg. 4; Aldridge Ex. F at pg. 2. He was referred to a physician. Id.
Plaintiff was seen by Dr. Ware on January 10th and diagnosed with seasonal sinusitis and prescribed Loratadine for sixty days. Aldridge Ex. D at pgs. 4;-5 Aldridge Ex. F at pg. 2. Blood tests were also ordered. Aldridge Ex. D at pg. 5.
On January 18, 2013, Plaintiff filed this case naming Aldridge and the Omega "Medical Staff" as Defendants. In the complaint, he alleged the medical staff were not doing their jobs properly. He states he had been "bleeding out [his] nose, " and had a "big sore in my left nostril." He states that he had been prescribed Clorpheniramine which dried his nose and made the condition worse.
On January 25, 2013, Plaintiff was seen by an LPN for complaints of an open sore on his left nostril. Aldridge Ex. D at pg. 5; Aldridge Ex. F at pgs. 2-3. She noted no active bleeding and that she was unable to visualize a sore in the nostril. Id . Plaintiff denied having any problems breathing out of his nose. Aldridge Ex. D at pg. 5. Plaintiff was prescribed triple antibiotic ointment and referred to a doctor to make sure there were no signs of staph infection. Id.
On January 31st, Plaintiff was seen by Dr. Ware. Aldridge Ex. D at pgs. 6-7; Aldridge Ex. F at pg. 3. Dr. Ware diagnosed the condition as a resolving staph infection and prescribed Loratadine, Ciprofloxacin,  and Bacitracin. Id.
At his deposition, Plaintiff testified that on January 31, 2013, he was seen by the nurse due to complaints about a sore in his nose, allergies, and drainage he was experiencing. Id. at pg. 33. The Nurse conferred with Dr. Ware and Plaintiff was prescribed medication. ACC Ex. 1. at pgs. 33-34, 40. Plaintiff received the prescribed medication. Id. at pgs. 33 & 40. He was prescribed a thirty day supply of Loratadine. Id.
On February 12th, Plaintiff was seen by an LPN for complaints of headaches, a small amount of blood when blowing his nose, a sore throat, and a burning in his lungs when coughing. Aldridge Ex. D at pg. 8; ACC Ex. 1 at pgs. 35 & 41. He complained that the medication He had been given was not working. Id . He was told to put in for sick call if he had a fever, green or yellow purulent sputum, or drainage from his nose, ear pain, dyspnea, or a persistent sore throat. Id.
In his deposition, Plaintiff indicates that this lawsuit concerns an incident occurring on February 14, 2013. ACC Ex. 1 at pg. 14. At the time, Plaintiff was assigned to an open barracks with approximately twenty other inmates. Id. at pg. 16.
On that day, at around 9:25 p.m., Plaintiff got Short's attention by knocking on the window. ACC Ex. 1 at pg. 16. Short pulled Plaintiff out of the barracks to see what the problem was. Id. at pg. 17. Plaintiff explained that he was having difficulty breathing and had been told by the "head nurse" that the next time he coughed up mucus or blew it out to show the nursing staff. Id. at pg. 17. ...