United States District Court, W.D. Arkansas, Hot Springs Division
Moore, Plaintiff, Pro Se.
Defendant, represented by Gary L. Sullivan, Arkansas Attorney
Officer Bell, Defendant, represented by Gary L. Sullivan,
Arkansas Attorney General's Office.
REPORT AND RECOMMENDATION
A. BRYANT, Magistrate Judge.
a civil rights action filed by Plaintiff, Ronnie Moore,
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. 14. A hearing was held on July 14, 2016, to
allow the Plaintiff to give a sworn oral statement in
response to the Motion. After careful consideration of the
briefing and sworn statement of the Plaintiff, the
undersigned makes the following Report and Recommendation.
filed his Complaint on April 20, 2015. Plaintiff alleges
excessive use of force by Defendants on February 18, 2015.
ECF No. 1, p. 1. Specifically, Plaintiff alleges he was in
handcuffs and being taken to the "West ISD Hole"
when he was slammed on his face by both Defendants about
fifteen feet from the hole. ECF No. 1, p. 1. Plaintiff
alleges his face was bruised and swollen. ECF No. 7, p. 1. He
alleges he now suffers from a continuous right eye twitch and
very bad headaches as a result of being slammed to the floor.
ECF Nos. 1, pp. 1; 7, p. 1. Plaintiff did not use a
court-approved form to file this case, and does not indicate
if he is suing Defendants in their official or personal
capacity. Plaintiff seeks an apology, attorney's fees,
and $65, 000. ECF No. 1, p. 1.
appeared in person at the hearing, and gave a sworn statement
in response to the Motion. The Court asked Plaintiff for a
brief summary of the incident. Plaintiff testified he filed
his grievance the very next morning after the February 18,
2015, incident occurred. Plaintiff could not remember the
identification numbers of his grievances. The Court showed
Plaintiff a copy of Grievance OR-15-00231, dated February 26,
2015. ECF No. 1, p. 2. Plaintiff identified this as the
grievance he filed the day after the incident. Plaintiff
testified the Sergeant signed the grievance and Plaintiff
sent it to the grievance office. "When I got [the
grievance] back, Officer asked if I wanted to go further with
it." Plaintiff testified he was supposed to wait until
the grievance officer came and spoke with him. He was still
in the hole at this point. Plaintiff testified he put the
grievance denial in his personal property and waited for the
officer to come and talk with him. Because the officer did
not come and speak with him, he did not do anything further
with the grievance.
was shown a copy of OR-15-00682, dated June 13, 2015. ECF No.
15-2, pp. 6-10. He identified this as his second grievance
concerning the incident. When asked if he remembered what
happened here, Plaintiff testified he spoke to the grievance
officer several times. He testified they had not permitted
him to sign the denial of the grievance. Plaintiff testified
he did not get any response to this grievance. When asked if
he recalled taking any action on this grievance to get
something done, Plaintiff replied "No. I don't
remember doing anything with it." The Court pointed out
to Plaintiff that the Defendants had provided evidence of the
appeal and appeal denial for this grievance to the Court. The
Court asked again if the Plaintiff recalled doing anything to
pursue this grievance. Plaintiff testified he did not.
Court asked Plaintiff if he recalled taking any other action
besides submitting these two grievances. Plaintiff testified
he talked to the grievance officer a couple of times.
Court confirmed Plaintiff signed Grievance OR-15-00231 on
February 26, 2015. Plaintiff denied he signed OR-15-00682 on
June 13, 2015. When asked when he signed it, he testified he
did not know. When asked if he filed only one grievance,
Plaintiff replied "Yes." The Court again about the
two grievances, and Plaintiff testified he did file two
Court asked Plaintiff if anything prevented him from pursuing
an appeal through the ADC. Plaintiff replied "No. I was
in the hole. They kept me in the hole, writing me up for
stupid petty stuff."
counsel was given the opportunity to respond. Counsel noted
the date on OR-15-00682 was dated on June 13, 2015. This was
well after the fifteen days required by the ADC policy for
filing a grievance. He also noted OR-15-00231, which was