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Hathorn v. Mullins

United States District Court, W.D. Arkansas, Fayetteville Division

February 17, 2015

MICHAEL J. HATHORN, Plaintiff,
v.
DR. NEIL MULLINS; NURSE RHONDA BRADLEY; and SHERIFF TIM HELDER, Defendants.

REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE

MARK E. FORD, Magistrate Judge.

This is a civil rights action filed by the Plaintiff pursuant to 42 U.S.C. § 1983. Plaintiff proceeds pro se and in forma pauperis.

The Plaintiff is currently incarcerated in the Cummins Unit of the Arkansas Department of Correction (ADC). The events that are the subject of this case occurred while Plaintiff was incarcerated in the Washington County Detention Center (WCDC). Plaintiff contends his constitutional rights were violated when the Defendants were deliberately indifferent to his serious medical needs.

Defendants have filed a Motion for Summary Judgment (Doc. 19). Plaintiff requested the Court's assistance in responding to the Motion by preparation of a questionnaire. One was prepared and sent to the Plaintiff (Doc. 27). Plaintiff has filed his Response (Doc. 28). The motion is ready for decision.

1. Background

Plaintiff was booked into the WCDC on November 20, 2013. Plaintiff's Response, Doc. 28) (hereinafter Resp. ) at ¶ 1(A). He remained incarcerated there until April 3, 2014, when he was transported to the ADC. Id. at ¶ 1(B).

Plaintiff submitted his first sick call request on November 23rd. Resp. at ¶ 3(A). He complained of numbness, burning, tingling, and pain in his hands. Id. at ¶ 3(B). Plaintiff complained of bilateral numbness in his fingertips. Id. at ¶ 19(B). He was barely able to pick a coin off the floor. Id. at ¶ 19(C). He first began experiencing the numbness on November 22nd or 23rd. Id. at ¶ 19(D).

He was seen by Dr. Mullins on the 25th. Resp. at ¶ 4(A). Dr. Mullins ordered an x-ray of Plaintiff's neck and some blood work. Id. at ¶ 4(B). Dr. Mullins also prescribed Ibuprofen. Id. at ¶ 4(C).

Plaintiff was transported on December 15th for the x-ray but he did not have an appointment and was refused. Resp. at ¶¶ 8(A)-(B). According to Plaintiff, the x-ray was not taken until January 22, 2014. Id. at ¶ 4(D). Plaintiff asserts that Dr. Mullins said that "2 weeks was [too] long to go without them being done." Id. at ¶ 4(D). In his response, Plaintiff states he believes Defendants delayed in providing him the x-ray because of the cost. Id. at ¶ 9.

The blood work was done. Resp. at ¶ 4(E). However, Plaintiff maintains the doctor ordered blood work on a second occasion and it was not done. Id.

Plaintiff put in another sick call request on December 6, 2013. Resp. at ¶ 5. He was seen by Dr. Mullins on December 9th and given Ibuprofen. Id. at ¶¶ 6-7.

After he reviewed the x-ray, Dr. Mullins prescribed Neurontin. Resp. at ¶ 13; Defts' Ex. A at 27. Plaintiff states this occurred sometime in mid-March 2014 after Dr. Mullins was served with this lawsuit.[1] Resp. at ¶ 14. The Neurontin worked "to a point." Id. at ¶ 19(A).

Plaintiff was seen by Dr. Mullins on November 25, 2013, December 9, 2013, February 4, 2014, and March 4, 2014. Resp. at ¶ 16. He was also seen by Dr. Howard in November of 2013, on March 11, 2014, and on March 25, 2014. Id. at ¶ 17.

On March 4, 2014, Dr. Mullins requested a neurology consult but Plaintiff was transferred before the consult occurred. Resp. at ¶ 18. A doctor at the ADC increased Plaintiff's dose of Neurontin. Id. at ¶ 20. When his deposition was taken on May 5, 2014, the only medication he was on was Neurontin. Id. at ...


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