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Muhommad v. Hempstead County

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

June 14, 2016

MOULDON, Defendants.

          Michael Perry Muhommad, Plaintiff, Pro Se.

          Johnny Godbolt, Defendant, represented by C. Burt Newell, Bachelor & Newell.

          Nurse Lori Rook, Defendant, represented by C. Burt Newell, Bachelor & Newell.


          BARRY A. BRYANT, Magistrate Judge.

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

         Currently before the Court is a summary judgment motion by Defendants Godbolt, Hempstead County, Mouldon, Rook, and Singleton.[1] ECF No. 42. After careful consideration of the briefing, the undersigned makes the following Report and Recommendation.

         1. BACKGROUND

         Plaintiff's 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.

          A. Timeline

         8/26/2010 Accident and surgery on leg. ECF No. 1, p. 13

         9/17/2010 Follow-up on surgery. ECF No. 1, p. 13.

         1/20/2011 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.

         1/21/2011 Jailers took his crutches and could not get medications for him.

         1/22/2011 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.

         1/28/2011 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.

         1/29/2011 Fell in shower - taken to ER. ECF No. 43-2. Notes leg was cultured January 25 - no growth. Pt. "needs to see a bone doctor"

         2/1/2011 Taken to local ER for reports of leg swollen and hurting. ECF No. 43-3.

         2/3/2011 Seen by Nurse McClean in HCDC. ECF No. 43, p. 2-3.

         2/14/2011 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.

         3/1/2011 Arrest and booking

         3/2/2011 Requested medication for leg and mental health consult, then refused to be seen by the nurse. ECF No. 43, p. 3 and Ex. G.

         3/13/2011 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.

         3/15/2011 Sparks Regional Medical Center - remove hardware in leg; I&D, [2] and deep culture samples. ECF No. 1, p. 17.

         3/17/2011 Sparks - cultures negative, wound clean. "No sign of infection and both Gram stain and cultures have been negative." ECF No. 1, p. 19.

         3/30/2011 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, p. 21.

         4/11/2011 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.

         4/25/2011 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.

         5/9/2011 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.

         6/1/2011 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."

         6/2/2011 Incident Report - Plaintiff refused to take his medication and then cut his wrist with glass in his ...

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