United States District Court, W.D. Arkansas, Hot Springs Division
Vandermolen, Plaintiff, Pro Se.
Chamberlin, Defendant, represented by C. Burt Newell,
Bachelor & Newell & John R. Myers.
Sergeant McFee, Defendant, represented by C. Burt Newell,
Bachelor & Newell.
Sergeant McFee, Shift Sergeant, Defendant, represented by
John R. Myers.
Corporal Kellogg, Defendant, represented by C. Burt Newell,
Bachelor & Newell & John R. Myers.
REPORT AND RECOMMENDATION
A. BRYANT, Magistrate Judge.
a civil rights action filed by Plaintiff, Shane Vandermolen,
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
Judgment. ECF No. 27. A hearing was held on February 29,
2016, to allow the Plaintiff to give a sworn oral statement
in response to the Motion. ECF No. 30. After careful
consideration of the briefing and sworn statement of the
Plaintiff, the undersigned makes the following Report and
filed his Complaint on October 8, 2014. ECF No. 1. Plaintiff
alleges Defendants violated his constitutional rights by
failing to provide adequate medical treatment for his
seizures while he was incarcerated in the Garland County
Detention Center ("GCDC"). ECF No. 1, p. 3-7.
Plaintiff states he was booked into GCDC on August 13, 2012.
Plaintiff states he informed the medical personnel and the
rest of the GCDC staff of his "long history of
epilepsy" at his booking. ECF No. 1, p. 3. The seizures
in question for this lawsuit occurred on September 22,
2014, and September 23, 2014. ECF No. 1, pp. 3-5.
submitted a Supplement to his Complaint on July 27, 2015. ECF
No. 15. This Supplement contained grievance XX-XX-XXX. ECF
No. 15, p. 3. Plaintiff filed the grievance with GCDC on
September 23, 2014. ECF No. 15, p. 3. Based on his Complaint
and the grievance documents, Plaintiff claims he had five
seizures on September 22, 2014, and three seizures on
September 23, 2014. ECF Nos. 1, pp. 3-4; 15, p. 3. His first
three seizures on September 22, 2014, occurred in the
nurse's office. ECF No. 15, p. 3. He alleges Defendants
McFee and Kellogg denied him medical treatment for these
seizures. Plaintiff does not identify what treatment was
denied to him in his Complaint. However, in his grievance he
states Defendant McFee denied him adequate treatment on this
date by "not calling LifeNet or anybody in the medical
field." ECF No. 15, p. 3. He alleges several deputies
witnessed this denial. ECF No. 1, p. 3. Later that same day
he claims he had two more seizures. He claims Defendant
Kellogg denied him medical treatment. During these two
seizures, he claims he fell and hit his head on the concrete,
causing injury to his head and neck. ECF Nos. 1, pp. 5-6; 15,
p. 3. He states he is now likely to injure his head and neck
in the future. ECF No. 1, p. 6.
alleges he had three more seizures on September 23, 2014. He
claims he fell to the floor and got "huge knots" on
his head. ECF No. 1, p. 4. He claims Defendant Kellogg denied
him treatment. He further claims Defendant Kellogg called
Defendant Chamberlin, and again denied him medical treatment
after the call. He states Deputies Polk and Ball witnessed
this incident. ECF Nos. 1, p. 4; 15, p. 3. Plaintiff does not
specify what medical treatment he believes should have been
administered to him on this date in his Complaint or
grievance, he states he now suffers from blurry vision,
vomiting, and severe headaches because of his denial of
medical care for these two seizure incidents. ECF No. 15, p.
3. Plaintiff submitted no medical records.
did not use the court-approved Â§ 1983 form to submit his
Complaint, and does not indicate if he is proceeding against
Defendants in their official capacities, individual
capacities, or both. ...