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Andrews v. Ray

United States District Court, W.D. Arkansas, Fayetteville Division

September 28, 2016

DONALD ANDREWS PLAINTIFF
v.
NURSE TYRANNY RAY; DR. ROBERTO SAEZ; DEPUTY WILKINS or deWilkins; DEPUTY FLORES; DEPUTY HOBBLEMAN; DEPUTY HALE; DEPUTY TRIMBLE; DEPUTY POWELL; LIEUTENANT DARNER; LIEUTENANT MARTINEZ; NURSE PATRICIA DAVIS; NURSE PATRICIA STAYTON; LIEUTENANT HOLT; and OFFICER FALKSNER DEFENDANTS

          OPINION AND ORDER

          P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE.

         This is 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 Center (BCDC).

         Currently 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.

         I. Background

         According 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.

         Plaintiff 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.

         He was 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 danger.

         Plaintiff further alleges that his dressing was taken off and not replaced.[1] 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.

         Plaintiff maintains the medical defendants failed to provide him adequate medical care.

         With 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 grievances.

         With 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.

         Plaintiff 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 policy.

         With 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.

         With 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 ...


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