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Hurlbut v. Murphy

United States District Court, W.D. Arkansas, Hot Springs Division

February 5, 2015

DANIEL B. HURLBUT, Plaintiff,
v.
DR. LIZBETH MURPHY; DR. MARVIN KIRK; DR. NATALIE STRODE; SERGEANT CECIL HATHCOCK; SERGEANT MELUGIN; SERGEANT SUSAN TURNER; NURSE BECKY KINNU; HEARING OFFICER TERRIE L. BANISTER; WARDEN REED; LIEUTENANT ADAM CLARK; UNIT WARDEN GOLDEN; DREAM YOUNG, Unit Health Services Administrator; CORPORAL HUNTER; MR. JONES, Mental Health; and MS. BUCKNER, Mental Health, Defendants.

REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE

BARRY A. BRYANT, Magistrate Judge.

This is a civil rights case filed by the Plaintiff pursuant to 42 U.S.C. § 1983. Plaintiff proceeds pro se and in forma pauperis. Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3)(2014), the Honorable Robert T. Dawson, United States District Judge, referred this case to the undersigned for the purpose of making a report and recommendation.

Plaintiff is not currently incarcerated. However, when he filed this case, he was incarcerated at the Ouachita River Unit (ORU) of the Arkansas Department of Correction (ADC). The events that are the subject of this case occurred at the ORU. Plaintiff maintains his constitutional rights were violated in the following ways: he was denied adequate medical and mental health care; he was retaliated against for filing grievances; and he was denied Due Process in connection with disciplinary charges.

Currently before me for issuance of this report and recommendation are the following motions: (1) motion for partial summary judgment filed by the Plaintiff (ECF No. 129); (2) a motion for summary judgment filed by Dr. Lizbeth Murphy, Dr. Marvin Kirk, Dr. Natalie Strode, Nurse Becky Kinnu, and Dream Young, Unit Health Services Administrator (ECF No. 133); (3) the cross-motion for summary judgment filed by all the Arkansas Department of Correction Defendants (ECF No. 138).

1. Background

Plaintiff was incarcerated at the ORU from January 3, 2013, until May 3, 2013. During that time, Plaintiff maintains he was not provided adequate medical for his disease. He has a medical condition known as congenital adrenal hyperplasia (CAH) a genetically inherited disorder of the adrenal gland. http://www.nlm.nih.gov/medlineplus/ency/article/000411.htm (accessed 2/2/2015).

Plaintiff also maintains he was not given adequate mental health care. He reported a history of being diagnosed with and treated for bipolar disorder, anxiety, and sleep depravation.

With respect to the disciplinary procedures, the Plaintiff maintains he was denied Due Process because of the lack of investigation and the conclusory nature of the hearing. Finally, Plaintiff maintains he was retaliated against in a variety of ways for filing grievances about his medical and mental health treatment.

Plaintiff filed this case on April 30, 2013. He named as Defendants those involved in his medical and mental health care (the Medical Defendants) as well as a number of ADC employees (the ADC Defendants) who he contends violated his constitutional rights in a variety of ways.

2. Applicable Standard

Summary judgment is appropriate if, after viewing the facts and all reasonable inferences in the light most favorable to the nonmoving party, Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986), the record "shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). "Once a party moving for summary judgment has made a sufficient showing, the burden rests with the non-moving party to set forth specific facts, by affidavit or other evidence, showing that a genuine issue of material fact exists." National Bank of Commerce v. Dow Chemical Co., 165 F.3d 602, 607 (8th Cir. 1999).

The non-moving party "must do more than simply show that there is some metaphysical doubt as to the material facts." Matsushita, 475 U.S. at 586. "They must show there is sufficient evidence to support a jury verdict in their favor." National Bank, 165 F.3d at 607 ( citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986)). "A case founded on speculation or suspicion is insufficient to survive a motion for summary judgment." Id. ( citing, Metge v. Baehler, 762 F.2d 621, 625 (8th Cir. 1985)).

3. Discussion

Plaintiff has moved for summary judgment against Dr. Kirk, Dr. Murphy, Nurse Kinnu, and Dream Young. ECF No. 129. He maintains they exhibited deliberate ...


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