Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Vandermolen v. Chamberlin

United States District Court, W.D. Arkansas, Hot Springs Division

June 30, 2016

SHANE VANDERMOLEN, Plaintiff,
v.
M. CHAMBERLIN (Chief of Deputies), SGT. MCFEE, CPL. KELLOGG, Defendants.

          Shane Vandermolen, Plaintiff, Pro Se.

          M. 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

          BARRY A. BRYANT, Magistrate Judge.

         This is a civil rights action filed by Plaintiff, Shane Vandermolen, 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 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 Recommendation.

         1. BACKGROUND

         Plaintiff 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[1] occurred on September 22, 2014, and September 23, 2014. ECF No. 1, pp. 3-5.

         Plaintiff 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.

         Plaintiff 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.

         In his 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.

         Plaintiff did not use the court-approved § 1983 form to submit his Complaint, and does not indicate if he is proceeding against Defendants in their official capacities, individual capacities, or both. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.