United States District Court, W.D. Arkansas, Hot Springs Division
David Westfall, Plaintiff, Pro Se.
Oliver, Defendant, represented by Renae Ford Hudson,
Assistant Attorney General.
Chamberlain, Defendant, represented by C. Burt Newell,
Bachelor & Newell.
Hobbs, Defendant, represented by Renae Ford Hudson, Assistant
Haney, Defendant, represented by C. Burt Newell, Bachelor &
Reed, Defendant, represented by Renae Ford Hudson, Assistant
Lay, Defendant, represented by Renae Ford Hudson, Assistant
MAGISTRATE JUDGE'S REPORT AND
E. FORD, Magistrate Judge.
a civil rights action filed by the Plaintiff, Paul David
Westfall, pursuant to 42 U.S.C. Â§ 1983. Plaintiff is
currently not incarcerated. Pursuant to the provisions of 28
U.S.C. Â§ 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
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
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)
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.
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 ...