United States District Court, W.D. Arkansas, Fayetteville Division
OPINION AND ORDER
HOLMES, III CHIEF U.S. DISTRICT JUDGE.
a civil rights action filed by the Plaintiff Donald Andrews
pursuant to 42 U.S.C. § 1983. Plaintiff proceeds pro se
and in forma pauperis. At the times relevant to this
complaint, he was incarcerated in the Benton County Detention
before the Court is the partial motion to dismiss (Doc. 13)
filed by Medical Defendants, Nurse Tyranny Ray, Nurse
Patricia Davis, Nurse Patricia Stayton, and Dr. Roberto Saez,
all employees of Southern Health Partners, Inc. (SHP).
Plaintiff has not responded to the motion.
to the allegations of the complaint, prior to his
incarceration, Plaintiff had a history of having broken his
back in four places, had spinal stenosis, bulging, ruptured,
and herniated discs, a compromised immune system due to the
loss of his spleen and appendix, pulmonary embolisms, deep
vein thrombosis, broken shoulder, broken and surgically
repaired collar bone, and had been on pain management since
2005. Plaintiff also indicated that all his teeth were broken
out except one top tooth and he had a difficult time eating.
Within the last two and one half years, Plaintiff alleges he
had pneumonia, septic pneumonia, and was hospitalized four
times for lung disorders.
requested a medical mattress because the cold metal bunk
caused him pain. He also indicates that because of his
medical problems, he should have been assigned to a
downstairs cell and a bottom bunk so he would not hurt
himself jumping up and down. He also requested a visit to the
dentist and a vegetarian soft diet. These requests were
refused. He asked to be housed in the medical pod due to his
history of pulmonary embolisms and deep vein thrombosis.
Plaintiff alleges he was told that medical mattresses were
only issued to those inmates who had spinal surgery within
three weeks of their incarceration.
moved out of the medical pod and into E pod, which Plaintiff
alleges is the sex offender pod. According to Plaintiff,
there are inmates in E pod who have HIV, AIDS, and Hepatitis
C. Plaintiff alleges they all use the same showers, clippers,
water fountains, toilets, and sink. Because of his
compromised immune system, Plaintiff states this puts him in
further alleges that his dressing was taken off and not
replaced. Plaintiff alleges this left him with open
wounds that he could only cover with a filthy blanket.
Plaintiff was assigned to a bottom bunk. However, he alleges
it was later taken away in retaliation.
maintains the medical defendants failed to provide him
adequate medical care.
respect to Lieutenant Holt, Plaintiff maintains Holt had
thrown away Plaintiff's grievances and shut off his
access to the kiosk. Plaintiff also alleges Holt had told
several officers not to allow Plaintiff to file any more
respect to Lieutenant Martinez, Plaintiff alleges he
responded to Plaintiff's request for a grievance form by
stating that they did not have forms and it was all on the
kiosk. Martinez called Plaintiff out of the pod and told
Plaintiff to stop filing grievances or he would regret his
stay in the the jail.
maintains that Officer Trimble sprayed Plaintiff's food,
cups, and fork with a cleaner with bleach in it. Plaintiff
asserts that Trimble said he was doing this pursuant to jail
respect to Officer Wilkins, Plaintiff alleges that
immediately after he informed Wilkins that he practiced
Islam, Wilkins began to discriminate against him.
Specifically, Plaintiff alleges Wilkins called him names,
said to “screw Allah, ” and said he would like to
kill all Muslims and anyone who is not Christian.
respect to Officer Falksner, Plaintiff alleges he moved
Plaintiff to the floor in B-pod which had blood, fecal
matter, saliva, and general filth on it. Plaintiff indicates
Falksner put his life in grave danger and exposed Plaintiff
to various ...