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Fishinghawk v. Ray

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

March 30, 2016

EVAN CONLEY FISHINGHAWK, PLAINTIFF
v.
MEDICAL SUPERVISOR TYRANNY RAY; NURSE PATRICIA DAVIS; and NURSE LEAH BRANYAN DEFENDANTS

OPINION AND ORDER

P.K. HOLMES, III, CHIEF U.S. DISTRICT 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.

Plaintiff is incarcerated the Benton County Detention Center (BCDC). He filed this lawsuit on October 13, 2015, maintaining he is being denied adequate dental care. Since September 24, 2015, Plaintiff contends he has had a severe toothache. The case is before the Court on a number of motions for injunctive relief (Docs. 12, 31, 33, 34) filed by the Plaintiff and a motion to dismiss (Doc. 16) filed by the Defendants.

I. Motions for Injunctive Relief

As noted above, Plaintiff has filed a number of motions seeking injunctive relief.

A. Motion for a Medical Injunction (Doc. 12)

Plaintiff asks the Court to order Defendants to provide him with emergency dental treatment and/or order his release so he can make his own arrangements for treatment. In this regard, Plaintiff indicates he is a Cherokee Tribal Member and is provided free dental care at the Hastings Indian Hospital.

He states he has been in constant excruciating pain for months. He indicates half a tooth is broken and there is a “severe cavity connected to [his] gums.” (Doc. 12, p. 1). He states he also has several other cavities and a wisdom tooth coming in. He indicates that Defendants’ only response has been to place him on a dental list.

Defendants respond (Doc. 26) that this request has been mooted. They note the Plaintiff has been on pain relievers and has been seen twice by a dentist. Defendants indicate the tooth causing the pain has been extracted.

This motion (Doc. 12) is DENIED as MOOT.

B. Motion for Injunction Against Defendant Ray (Doc. 31)

Here, Plaintiff contends Nurse Ray is denying him blood pressure medication because he previously refused it. (Doc. 31, p. 6). Plaintiff states he has asked to be put back on the medication and has asked to see the doctor. Plaintiff contends Nurse Ray is acting with “animosity/reprisal” and it is “stressing” him out. Id. at p. 1.

In response, Defendant Ray notes that Plaintiff discontinued taking his blood pressure medication on January 8, 2016. (Doc. 32-1, ¶ 3). On February 4th, 5th, 9th, 10th, and 12th, Nurse Ray indicates she checked the Plaintiff’s blood pressure. Id. at ¶¶ 4-8. On each occasion his blood pressure was within normal range. Id. at ¶ 9. Nurse Ray indicates she has been in contact with the jail doctor and he was assessing the Plaintiff’s need to be placed on blood pressure medication. Id.

Rule 65 of the Federal Rules of Civil Procedure governs the issuance of temporary restraining orders and preliminary injunctions. Injunctive relief is “an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief.” Winter v. Nat. Res. Defense Council, Inc., 555 U.S. 7, 22 (2008). The basic purpose of injunctive relief is to preserve ...


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