United States District Court, W.D. Arkansas, Texarkana Division
EDWIN T. YOUNG, Plaintiff,
WARDEN MARTY BRAZELL and D. FLOYD, Maintenance, Defendants.
T. Young, Plaintiff, Pro Se.
Marty Brazell, Defendant, represented by Jason E. Owens,
Rainwater, Holt & Sexton, P.A., Joshua D. Standerfer,
Rainwater, Holt & Sexton & Kaylen Suzanne Lewis, Rainwater
Holt Sexton PA.
Floyd, Defendant, represented by Jason E. Owens, Rainwater,
Holt & Sexton, P.A., Joshua D. Standerfer, Rainwater, Holt &
Sexton & Kaylen Suzanne Lewis, Rainwater Holt Sexton PA.
REPORT AND RECOMMENDATION
A. BRYANT, Magistrate Judge.
a civil rights action filed by Plaintiff, Edwin T. Young,
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 Recommendation.
before the Court is Defendants' Motion for Summary
Judgement. ECF No. 26. A hearing was held on January 7, 2016,
to allow the Plaintiff to give a sworn oral statement in
response to the Motion. ECF No. 31. Plaintiff also submitted
exhibits at the hearing. ECF No. 33. After careful
consideration of the briefing, exhibits and sworn statement
of the Plaintiff, the undersigned makes the following Report
claim centers on his slip and fall in his cell on December
24, 2014, while a pretrial detainee in the Miller County
Correctional Facility ("MCCF"). ECF No. 1.
Plaintiff alleges unconstitutional conditions of confinement
and denial of medical care. ECF No. 1. Plaintiff proceeds
against Defendant Brazell in both his official and personal
capacity. ECF No. 1, p. 4. Plaintiff proceeds against
Defendant Floyd in his personal capacity. ECF No. 1, p. 5.
Plaintiff seeks monetary compensation for pain and suffering,
mental anguish, and distress. He also seeks compensation for
medical expenses he incurred as a result of the incident. ECF
No. 1, p. 8.
filed their Summary Judgment Motion on November 20, 2015. ECF
No. 26. A Summary Judgment Motion Hearing was held on January
7, 2016. Plaintiff appeared in person, and gave a sworn
statement in response to the Motion. ECF No. 31. Plaintiff
also submitted three exhibits to support his response. ECF
No. 33. These included a typewritten outline of the case (ECF
No. 33, pp. 1-4, Ex. 1), a LifeNet bill (ECF No. 33, p. 5,
Ex. 2), and records from Wadley Regional Medical Center (ECF
No. 33, pp. 6-10, Ex. 3).
hearing, Plaintiff testified there was condensation leaking
from the windowsill into his cell. He complained of this, and
was told to put in a maintenance request to Defendant Floyd,
which he did on December 16, 2014. He also filed several
grievances. He testified Defendant Floyd is the maintenance
supervisor for the facility. Plaintiff testified he put
blankets down on the puddle. Plaintiff said he fell on
December 24, 2014. He testified he was transported to Wadley
Regional Medical Center for treatment. He testified he hit
his head, neck, and elbow, and the fall aggravated an old
buckshot wound near his spine. He testified it took them a
long time to take him to the medical center. He further
testified MCCF refused to give him the Norco 10 narcotic pain
medication he was prescribed at Wadley, and instead gave him
Tylenol or ibuprofen for two weeks. He then had to buy the
pain medications himself at the commissary, and he did not
have the money to do so. He testified he was without pain
medication from mid-January to about March 2014.
queried by the Court, Plaintiff testified he did not have any
direct contact with either Defendant. His only contacts were
written grievances or a written maintenance request.
Plaintiff supplied copies of some of these with his
Complaint, and brought additional copies with him to the
hearing. However, the additional copies were illegible. He
testified the jail had the originals. Plaintiff testified
there was no policy or custom of the jail which injured him.
He testified the facility did have a habit or custom of
ignoring complaints like his.
Court "shall grant summary judgment if the movant shows
that there is no genuine dispute as to any material fact and
the movant is entitled to judgment as a matter of law."
Fed.R.Civ.P. 56(a). "[A] genuine issue of material fact
exists if: (1) there is a dispute of fact; (2) the disputed
fact is material to the outcome of the case; and (3) the
dispute is genuine, that is, a reasonable jury could return a
verdict for either party." RSBI Aerospace, Inc. v.
Affiliated FM Ins. Co.,49 F.3d 399, 401 (8th Cir.
1995). The moving party has the burden of showing the absence
of a genuine issue of material fact and that they are
entitled to judgment as a matter of law, but the nonmoving
party may not rest upon mere denials or allegations in the
pleadings and must set forth specific facts to raise a
genuine issue for trial. SeeAnderson v. Liberty
Lobby, Inc.,477 U.S. 242, 256 (1986); Celotex Corp.
v. Catrett,477 U.S. 317, 324 (1986). The Court must
view all evidence and inferences in a light most favorable to
the nonmoving party. SeeMcCleary v. ReliaStar
Life Ins. Co.,682 F.3d 1116, 1119 (8th Cir. 2012).
However, "[w]hen opposing parties tell two ...