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Westfall v. Oliver

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

June 14, 2016

PAUL DAVID WESTFALL, Plaintiff,
v.
STEVEN OLIVER, MARK CHAMBERLIN RAY HOBBS, SARA HANEY, DALE REED, and GAYLON LAY, Defendants.

          Paul David Westfall, Plaintiff, Pro Se.

          Steven Oliver, Defendant, represented by Renae Ford Hudson, Assistant Attorney General.

          Mark Chamberlain, Defendant, represented by C. Burt Newell, Bachelor & Newell.

          Ray Hobbs, Defendant, represented by Renae Ford Hudson, Assistant Attorney General.

          Sara Haney, Defendant, represented by C. Burt Newell, Bachelor & Newell.

          Dale Reed, Defendant, represented by Renae Ford Hudson, Assistant Attorney General.

          Gaylon Lay, Defendant, represented by Renae Ford Hudson, Assistant Attorney General.

          MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

          MARK E. FORD, Magistrate Judge.

         This is a civil rights action filed by the Plaintiff, Paul David Westfall, pursuant to 42 U.S.C. § 1983. Plaintiff is currently not incarcerated. Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3)(2011), the Honorable Susan O. Hickey, United States District Judge, referred this case to the undersigned for the purpose of making a report and recommendation.

         Before the Court are two motions to dismiss, one filed by Defendants Mark Chamberlin and Sara Haney (the "County Defendants") (Doc. 14), and one filed by Defendants Ray Hobbs, Dale Reed, and Gaylon Lay (the "ADC Defendants") (Doc. 18). After careful consideration, the undersigned Magistrate Judge submits the following Report and Recommendation.

         1. BACKGROUND

         Plaintiff filed his Complaint on September 30, 2014. (Doc. 1) Plaintiff alleges his constitutional rights were violated when he was charged with felony Fleeing and other charges based on events which occurred on December 31, 2009. He was sentenced to three years of probation in Hot Springs County for the Fleeing. (Doc. 1, p. 16) Later in 2009, and based on the same events of December 31, 2009, he was charged with felony Fleeing in Garland County and sentenced to eighteen months in the Arkansas Department of Corrections ("ADC"). (Doc 1, pp. 16-17) His Garland County conviction was vacated by the Honorable Homer Wright, Garland County Circuit Judge, on September 23, 2011, because it violated Plaintiff's Fifth and Fourteenth Amendments rights against double jeopardy. (Doc. 1, p. 17)

         The Honorable Homer Wright, Garland County Circuit Judge; Tim Beckham, Public Defender; and, Mark Fraiser, Director, Garland County Public Defender's Office, were terminated from the case by Order entered on August 14, 2015. (Doc. 10) Plaintiff's claims against Steven Oliver, Prosecuting Attorney, remained for further consideration. Defendant Oliver filed an Answer (Doc. 21) on September 15, 2015.

         Plaintiff's claims against the ADC and County Defendants concern denial of medical care while he was incarcerated. Specifically, Plaintiff alleges that his medical records were not obtained, and that he was not provided the medication prescribed by his free-world specialist, Dr. Brandt, for his bi-polar disorder (Lithium) and his heart burn, acid reflux, and vomiting (Dexilent). (Doc. 1) Plaintiff alleges he was told by his free-world dentist that enamel on his teeth had been "eaten off" by his stomach acid. (Doc. 1, p. 21) Plaintiff alleges his free-world physician told him he is now a "prime candidate for throat cancer" because he went without his medication while incarcerated. (Doc. 1, p. 22) Plaintiff attached a letter from Dr. Brandt to Mr. Hurst, presumably Plaintiff's attorney, indicating Plaintiff had severe acid reflux disease and had been prescribed Dexilant. He stated, in his medical ...


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