United States District Court, W.D. Arkansas, Hot Springs Division
Tate, Plaintiff, Pro Se.
Lacey, Defendant, represented by C. Burt Newell, Bachelor &
Newell & John R. Myers.
MEMORANDUM OPINION AND ORDER
E. FORD, Magistrate Judge.
a civil rights action filed by Plaintiff, Sidney Tate,
pursuant to the provisions of 42 U.S.C. Â§ 1983. Plaintiff is
not incarcerated at present. Currently before the Court is
Defendant's Motion for Summary Judgment. (Doc. 21)
parties have consented to the jurisdiction of a Magistrate
Judge to conduct any and all proceedings in this case,
including conducting the trial, ordering the entry of a final
judgment, and conducting all post-judgment proceedings. (Doc.
12) Pursuant to this authority, the Court finds this Motion
is ready for decision and issues this Memorandum Opinion.
filed his original Complaint on December 10, 2014, in the
Eastern District of Arkansas. (Doc. 1) It was transferred to
this District on December 22, 2014. (Doc. 2) He alleges his
constitutional rights were violated when he injured his ankle
in the Garland County Detention Center ("GCDC") and
was denied medical care. (Doc. 1, p. 4-5) Specifically,
Plaintiff alleges he was taken into custody at the Garland
County Detention Center on December 2, 2014. He alleges that
he fell trying to climb into a top bunk and hurt his ankle.
When he woke up the next morning, his ankle was swollen and
painful, and he could not walk on it. He informed officers at
GCDC that he was in "extreme pain." Instead of
giving him treatment, he was transported to Ouachita River
Detention Center, but they refused to keep him because of his
injury. (Doc. 1, p. 4) He was taken back to GCDC, where he
spent the night. The next day, he was taken to Greene County
Detention Center in Paragould, Arkansas, where he was seen by
a nurse. He alleges the nurse suggested x-rays because the
ankle was swollen and discolored. (Doc. 1, p. 5)
brought his claims against Defendants in both their official
and individual capacities. (Doc. 1, p. 2) Plaintiff seeks
compensatory damages in the amount of $300, 000. He also
seeks injunctive relief in the form of immediate medical
treatment for all inmates, and immediate release for
violation of the Fourteenth Amendment and Americans with
Disabilities Act. (Doc. 1, p. 6)
filed his Motion for Summary Judgment on February 12, 2016.
(Doc. 21) A Summary Judgment hearing was held on March 29,
2016, in order to provide Plaintiff the opportunity to
present sworn testimony in response to the motion. (Doc. 27)
testified he did not have any official capacity claims.
Plaintiff testified he asked for a medical request form when
he first fell, but the officers refused to give him one. He
said they told him to "hold on" because he would be
transferred the next day. He asked again the next morning.
They had to lift him into the van for transport.
testified he was at the Ouachita River Unit for about one
hour in the booking area. They said they would not take him,
so Defendant Lacey and the other Deputy helped him back into
the transport vehicle. When they got back to GCDC, Defendant
Lacey told him to fill out a medical request. Plaintiff
testified he was taken to the ER at Arkansas Methodist
Medical Center when he got to Greene County. He testified he
was in a wheelchair for 60-70 days.
was asked what Defendant Lacey did to violate his rights.
Plaintiff testified: "He knew about it. He knew I was
hurting. He and another officer had to lift me into the van.
They thought it was funny I had to crawl into the van. I
think he could have done a lot more. He knew I was hurting,
that's why he told me to file a medical request."
was asked if there was any lasting physical injury due to the
two day delay in receiving medical treatment for his ankle.
Plaintiff testified "it did heal up." Plaintiff
testified they didn't know what it was until they took
him to the emergency room. It was swollen, and black and
blue. He added: "They didn't want to do nothing.
They tried to deny I got hurt. I had to ride all the way to
Paragould with cuffs on my hands and ankles."
was asked if there was anything about the two-day delay in
receiving treatment which he believed caused some worsening
of the injury. Plaintiff testified it was "just knowing
he wasn't going to get treatment, ...