United States District Court, W.D. Arkansas, Texarkana Division
TODD H. MERCER, PLAINTIFF
SHERIFF DANNY MARTIN, Nevada County, Arkansas; JAILER PATRICIA FRANKLIN; and CHIEF DEPUTY MILLER, DEFENDANTS
BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE
a civil rights action filed by the Plaintiff pursuant to 42
U.S.C. § 1983. Plaintiff proceeds pro se and
in forma pauperis. The case is before me by the
consent of the parties (ECF No. 31). Currently pending before
me for decision is Defendants' Motion for Summary
Judgment (ECF No. 35). Plaintiff has responded to the Motion
(ECF No. 48). Both sides have filed reply briefs (ECF Nos. 49
& 50). The Motion is ready for decision.
is currently incarcerated in the Bossier Medium Security
Facility in Plain Dealing, Louisiana. At the times relevant
to the Complaint, Plaintiff was incarcerated in the Nevada
County Detention Center (NCDC). While incarcerated there,
Plaintiff contends his constitutional rights were violated in
the following ways: (1) Defendants were deliberately
indifferent to his need for mental healthcare; (2) he was
subjected to psychological torture when held in a cell with
bright lights and a video camera that stayed on 24 hours a
day; (3) he was subjected to unconstitutional conditions of
confinement; and (4) he was segregated without explanation or
was booked into the NCDC on July 30, 2014.
Defendants' Exhibit (hereinafter Defts'
Ex.) 1. He remained incarcerated there until August 6,
2014. Id. A total of seven days. Id.
was booked in by Jailer Patricia Franklin. Defts'
Ex. 5 at ¶ 3. When he was booked in, a medical
questionnaire was completed. Defts' Ex. 2.
Plaintiff indicated he had the following medical conditions:
allergies; Hepatitis C; an enlarged prostate; a damaged disc
in his lower back; bi-polar disorder; post manic depression;
and a personalty complex. Id. He stated he was not
under the care of a doctor and had no medications or
was cooperative during booking and according to Jailer
Franklin gave "no indications he was experiencing mental
health problems or that he needed immediate attention."
Defts' Ex. 5 at ¶ 4. It was noted that
Plaintiff should be kept separate from other prisoners
because he had Hepatitis C. Defts' Ex. 3.
Plaintiff signed the form. Id. Jailer Franklin
states Plaintiff "knew why he was placed in a cell
isolated from the general population in order to protect the
other inmates from the risk of contracting hepatitis."
Defts' Ex. 5 at ¶ 11.
to Defendants, Plaintiff received a clean jail uniform and
bedding when booked in. Defts' Ex. 5 at ¶
8. His cell had been cleaned and disinfected prior to him
being placed in it. Id. at ¶ 9. Jailer Franklin
indicates that the jail is cleaned routinely and cells and
mats are cleaned and disinfected by the 309 trustees whenever
a cell or bed becomes open. Id. at ¶ 10.
his stay at the NCDC, Jailer Franklin stated that, based on
her personal observations, Plaintiff "never appeared to
be in need of mental health care. None of the other jailers
observed him appearing to need mental health care."
Defts' Ex. 5 at ¶ 5. Sheriff Martin
indicated it would be his decision to request mental health
care for one of the inmates. Defts' Ex. 6 at
Martin explains that:
[u]nless the inmate is obviously in need of care, in . ..
order for an inmate to receive mental health care, the inmate
must initiate the mental health care process by requesting
and completing a written complaint and/or request for mental
health care. The completed form would be picked up from the
inmate and be given to the jail nurse who would then meet
with the inmate.
Defts' Ex. 6 at ¶ 8. Plaintiff never
requested a grievance or request form for medical or mental
health care. Defts' Ex. 5 at ¶ 6;
Defts' Ex. 6 at ¶¶ 7 & 9.
to Sheriff Martin, jail uniforms are washed daily by 309
inmates and every two days each inmate receives a clean
uniform. Defts' Ex. 6 at ¶ 11. Inmates are
provided hygiene products and may shower in their cells
whenever they choose. Id. at ¶ 13.
Martin also asserts the jail is cleaned routinely and cells
and mats are cleaned and disinfected by the 309 trustees
whenever a cell or bed becomes available. Defts'
Ex. 6 at ¶ 13. Further, Sheriff Martin indicates
that "[i]nmates can clean and disinfect their own mats
and cells with cleaning supplies and disinfectants furnished
by the jailer upon request." Id. at ¶ 14.
was allowed to serve interrogatories on Dr. Jody Meek, a
board certified psychiatrist, of Shreveport Behavioral
Health, Shreveport, Louisiana. (ECF No. 27). Dr. Meek's
responses were received by the Court on January 27, 2016, and
copies sent to the parties. Dr. Meek reviewed Plaintiff's
records covering the dates of November 2011 through April of
2012. Defts' Ex. 7 at ¶ 3.
Meek only saw the Plaintiff on a single occasion on November
18, 2011, when he performed an initial psychiatric
evaluation. Defts' Ex. 7 at ¶ 4. Dr. Meek
diagnosed the plaintiff with bipolar disorder, generalized
anxiety disorder (GAD), and poly substance dependence.
Meek was asked to give the general symptoms of these
disorders. Defts' Ex. 7 at ¶ 5. He stated:
a. Bipolar Disorder: mood disorder with periods of both
depression/sadness and mania. Mania is usually characterized
by a mood disturbance of elevated or expansive mood lasting
for days at a time. During these times, on[e] could
experience grandiosity, racing thoughts, deceased need for
sleep, overly talkative or impulsivity in pleasurable
b. Generalized Anxiety Disorder: excessive worry over a
number of events. The person finds it difficult to control
the worry, restlessness, difficulty concentrating,