United States District Court, W.D. Arkansas, Texarkana Division
Michael Perry Muhommad, Plaintiff, Pro Se.
Godbolt, Defendant, represented by C. Burt Newell, Bachelor &
Lori Rook, Defendant, represented by C. Burt Newell, Bachelor
REPORT AND RECOMMENDATION
A. BRYANT, Magistrate Judge.
a civil rights action filed by Plaintiff, Michael Perry
Muhommad, pursuant to the provisions of 42 U.S.C. Â§ 1983.
Plaintiff proceeds pro se and in forma
pauperis. 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
before the Court is a summary judgment motion by Defendants
Godbolt, Hempstead County, Mouldon, Rook, and
Singleton. ECF No. 42. After careful
consideration of the briefing, the undersigned makes the
following Report and Recommendation.
alleges denial of medical care for his right leg at the
Hempstead County Detention Facility ("HCDC")
between January 20, 2011 and July 20, 2011. He alleges this
denial of care resulted in a methicillin-resistant
Staphylococcus aureus ("MRSA") infection. Plaintiff
states he broke his leg in a motorcycle accident several
months prior to his incarceration. ECF No. 1, p. 3. Plaintiff
further alleges facts indicating an excessive force claim
against Defendants Summerville and Walker. Plaintiff proceeds
against Defendants in both their official and personal
capacities. ECF No. 1, p. 2. Because the Plaintiff's
history concerning his leg is lengthy and encompasses several
years, it is presented in a timeline list below. The timeline
was created based on the documents submitted prior to the
summary judgment hearing by both Plaintiff and Defendants.
Testimony from the summary judgment hearing on January 7,
2016, will be summarized after the timeline.
Accident and surgery on leg. ECF No. 1, p. 13
Follow-up on surgery. ECF No. 1, p. 13.
Arrest -"I was booked into the Hempstead County
Detention Center, as I was in outpatient treatment for a
MotorCycle Accident in which I acquired MRSA in my injured
Rt. leg." ECF No. 1, p. 3.
Jailers took his crutches and could not get medications for
Fell several times due to lack of crutches. "I was
sprayed several times by Officer Walker and Officer
Summerville when I could not get up at all because I hit the
door requesting help." Wound bleeding - taken to ER. ECF
No. 43, p. 2. Plaintiff refused treatment once he got there
because he had previous problems with the doctor on duty in
the ER. ECF No. 43, p. 2; ECF No. 43-1.
River Valley Musculoskeletal Center ("RVMSC") Notes
indicate Plaintiff was supposed to come back two weeks after
the September 17 visit and "we never saw him back. He
now comes in." Notes a superficial wound over shin, no
significant drainage, and not a lot of tenderness. Ok to
progress to weight-bearing. Put him on antibiotic (Keflex),
and told him to clean the wound daily with peroxide and dress
with Neosporin. ECF No. 1, p. 13, 15. X-ray record notes
"excellent healing" of the fracture. ECF No. 1, p.
14. Return in two weeks.
Fell in shower - taken to ER. ECF No. 43-2. Notes leg was
cultured January 25 - no growth. Pt. "needs to see a
Taken to local ER for reports of leg swollen and hurting. ECF
Seen by Nurse McClean in HCDC. ECF No. 43, p. 2-3.
RVMSC - Notes indicate wound continues to be painful and
somewhat swollen despite antibiotics. Doctor is concerned
about possible osteomyelitis in the tibia. "He says he
is getting clindamycin, he thinks, not Keflex that we gave
him. Certainly clindamycin is a good antibiotic, but I do not
know why it was changed or who changed it. In any case, I
think we need at this point to admit him to the hospital, do
an open I&D and get deep cultures of that wound." ECF
No. 1, p. 16. According to Defendants, Plaintiff was released
from jail at this point and then re-arrested on March 1,
2011. ECF No. 43, p. 3.
Arrest and booking
Requested medication for leg and mental health consult, then
refused to be seen by the nurse. ECF No. 43, p. 3 and Ex. G.
Incident report - Plaintiff refusing to change bandages on
his own and would not let officer do it. Said only a nurse or
shift supervisor could change them. He had been changing on
his own prior to this. ECF No. 43, p. 4 and Ex. H.
Sparks Regional Medical Center - remove hardware in leg; I&D,
and deep culture samples. ECF No. 1, p. 17.
Sparks - cultures negative, wound clean. "No sign of
infection and both Gram stain and cultures have been
negative." ECF No. 1, p. 19.
RVMSC - Dr. Sherrill - surgeon for initial and second
surgery. Wound is "quite clean" with "no
evidence of infection." Notes Plaintiff stating he
scratched his leg because the nurse sprayed something on it
and it itched, so his wound broke open. Some of the stitches
have been removed. Come back in about 10-14 days. ECF No. 1,
RVMSC - X-ray confirms excellent healing of bone, but he is
still having trouble with wound healing. Complains jail is
not doing daily change of dressings. Dr. put him on Keflex
and tried to call Captain Godbolt. Come back in about 2
weeks. ECF No. 1, p. 23.
RVMSC - Patient comes in with a sanitary napkin on his leg
and says it has not been changed in a week. No obvious
drainage, no bigger than last visit. Some diffuse swelling.
Doctor would like him to go to physical therapy and get some
Jobst compression stockings. Come back in two weeks. ECF No.
1, p. 25.
RVMSC - No PT, no Jobst compression. "He did finally
grow something on his cultures from last visit. It was a
staph sensitive to almost everything, but he had not
responded to cephalosporin. We will change him to
clindamycin, which show sensitivity and is an inexpensive
treatment." Daily dressing and Jobst compression on that
leg. Come back in about 3 weeks. ECF No. 1, p. 26.
RVMSC - Has not gotten any PT or wound care as requested.
"I do not think we have any alternative, but to put him
in the hospital and repeat an I&D. His cultures were
negative, but obviously the wound has changed quite a bit
since that time."
Incident Report - Plaintiff refused to take his medication
and then cut his wrist with glass in his ...