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Tate v. Arkansas Department of Correction

United States District Court, E.D. Arkansas, Northern Division

June 16, 2016

CRYSTAL TATE, ADC #709230, Plaintiff,
v.
ARKANSAS DEPARTMENT OF CORRECTION, et al., Defendants.

          Crystal Tate, ADC, Plaintiff, Pro Se.

          Hutchinson, Defendant, represented by Michelle Banks Odum, Humphries, Odum & Eubanks.

          Williams, Defendant, represented by Michelle Banks Odum, Humphries, Odum & Eubanks.

          McCoy, Defendant, represented by Michelle Banks Odum, Humphries, Odum & Eubanks.

          Boykins, Defendant, represented by Michelle Banks Odum, Humphries, Odum & Eubanks.

          RECOMMENDED DISPOSITION

          BETH DEERE, Magistrate Judge.

         I. Procedure for Filing Objections:

         This Recommended Disposition ("Recommendation") has been sent to Judge Billy Roy Wilson. You may file written objections to this Recommendation. If you file objections, they must be specific and must include the factual or legal basis for your objection. Your objections must be received in the office of the United States District Court Clerk within fourteen (14) days of this Recommendation.

         If no objections are filed, Judge Wilson can adopt this Recommendation without independently reviewing the record. By not objecting, you may also waive any right to appeal questions of fact.

         II. Background:

         Plaintiff Crystal Tate, an inmate formerly housed at the Arkansas Department of Correction's ("ADC") McPherson Women's Unit, filed this case pro se under 42 U.S.C. § 1983. In April, 2014, during intake proceedings at McPherson, prison officials tested Ms. Tate for syphilis and high cholesterol. Lab results showed that she was positive for syphilis and her cholesterol level was 336. (Docket entry #2 at p. 3) In spite of the abnormal lab results, she received a notification from Defendant Betty Hutchinson that her lab work was "fine" and that no follow-up was needed. (#2 at pp. 3-4)

         Ten months later, when Ms. Tate was transferred to the ADC's Hawkins Women's Unit, medical staff informed her that her lab results from McPherson indicated that she was positive for syphilis and had high cholesterol. (#2 at p. 4) Medical staff at Hawkins immediately began treating Ms. Tate for both conditions. ( Id. ) After learning of the McPherson lab results, she sent "repeated requests" to Defendants Crystal McCoy and Shonda Boykins to view her medical record. But her requests were "repeatedly ignored, " and she was "denied access" to her medical records. ( Id. )

         After the Court ordered service on Defendants Boykins, McCoy, Hutchinson, and Williams, it granted Ms. Tate's motion to amend to identify the "Doe" defendant as Jane Austin, Ms. Hutchinson's assistant. (#14) The Court ordered service on Defendant Austin, but it was returned unexecuted. (#18) Ms. Tate had until June 8, 2016, to provide a valid address for Defendant Austin and to file a motion requesting service of process. (#19) The time for doing so has now passed.

         Defendants Boykins, McCoy, Williams, and Hutchinson have moved for judgment on the pleadings claiming that Ms. Tate has not alleged sufficient facts to support a claim against them. (#21) Ms. Tate has not ...


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