United States District Court, W.D. Arkansas, Hot Springs Division
STEVEN J. CAMPBELL PLAINTIFF
SHERIFF JASON WATSON Clark County Detention Center, JAIL ADMINISTRATOR LARRY CAIN Clark County Detention Center, BEN CHANDLER Clark County Detention Center, and JAMES LANGLEY formerly Clark County Detention Center DEFENDANTS
REPORT AND RECOMMENDATION
BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE.
a civil rights action filed by Plaintiff, Steven J. Campbell,
pursuant to the provisions of 42 U.S.C. § 1983.
Plaintiff proceeds pro se and in forma
pauperis. Pursuant to the provisions of 28 U.S.C. §
636(b)(1) and (3)(2011), the Honorable P. K. Holmes, III,
Chief United States District Judge, referred this case to the
undersigned for the purpose of making a Report and
before the Court is Defendants' Motion for Summary
Judgment. ECF No. 41. A hearing was held on September 21,
2016, to allow the Plaintiff to give a sworn oral statement
in response to the Motion. ECF No. 44. After careful consideration
of the briefing and sworn statement of the Plaintiff, the
undersigned makes the following Report and Recommendation.
is currently incarcerated in the Arkansas Department of
Correction (“ADC”) Ouachita River Unit. Plaintiff
alleges he was denied medication and diet for his diabetes
and hypertension by Defendants while incarcerated in the
Clark County Detention Center. He also alleges he was denied
the opportunity to grieve these issues by Defendant Chandler.
ECF No. 1. Plaintiff alleges that as a result of this denial,
he was admitted in serious condition to the Baptist Health
Medical Center on March 7, 2014, with diabetic ketoacidosis
and dehydration. ECF No. 1, p. 8.
seeks a permanent injunction requiring Defendants Watson and
Cain to make sure there are appropriate medical supplies,
testing, and diets for inmates. He further seeks joint and
several compensatory damages in the amount of $3 million
dollars, punitive damages in the amount of $250, 000 against
each Defendant, costs of suit, and any additional costs. ECF
No. 1, pp. 13-14.
filed their Summary Judgment Motion on August 8, 2016. ECF
appeared by videoconference and gave a sworn statement in
response to the Summary Judgment Motion on September 21,
2016. At the end of the hearing, Plaintiff was given until
November 1, 2016, to submit exhibits to support his case.
Defendants were given one week after Plaintiff filed his
additional documentation to make any desired response.
Plaintiff filed two documents on November 4, 2016, one
entitled Objection to Summary Judgment (ECF No. 45), and
Statement of Disputed Facts. ECF No. 46. No exhibits were
attached to Document 45. Plaintiff attached several of
Defendants' exhibits to Document 46, with large X's
drawn through the booking sheet, Inmate Release Report, and
the Clark County Detainee's Jail Record. Defendants filed
no response to these documents.
hearing, Plaintiff was asked to testify as to his claim.
Plaintiff stated he was booked in by Defendant Chandler, who
asked him health questions. Plaintiff testified he told
Chandler he had been without insulin for a couple of days due
to lack of money. He stated Chandler “just handed him a
bunch of papers” to sign and he did not have time to
look over them. Plaintiff testified he asked to make a phone
call to his mother and that request was denied. Chandler told
him he was busy, and Plaintiff could make a phone call later.
Plaintiff was never permitted to make a phone call.
placed in a cell and assigned the top bunk. He did not feel
well because he had been without medication for several days.
In the morning, he pushed the buzzer and asked to make a call
again, and was denied. He also asked if he could move to the
lower bunk in the next cell because he was dizzy and was
nervous about being on the top bunk due to his health. This
request was granted. He laid down, but it did not help. He
pushed the buzzer again and asked for medical help. Defendant
Chandler came in and was upset because he was in the next
cell. Plaintiff had vomited in the toilet several times at
this point. Chandler told him to go back to his original
cell. Chandler stated he was lying about being ill, and put
him in lockdown as a result. Plaintiff asked for a phone call
again, and Chandler ignored him. Defendant Langley was
standing in the doorway and watching this interaction. After
this interaction with Chandler and Langley, no one came or
responded when he pushed the buzzer.
then asked Trustee Albert for help, and Albert said he would
get some. Plaintiff fell and blacked out. When he awoke, he
was lying in a puddle of vomit on the floor. Defendant
Langley came in at this point and stated “So this is
how we are going to do it?” Plaintiff stated this
comment was in reference to a prior date of incarceration.
Langley had Trustee Smiley pick him up and put him in bed.
Plaintiff was still vomiting; he was covered in vomit.
Plaintiff woke up to bright lights in the hospital. He saw
masks and thought he was dying. He did not remember going to
the hospital. He woke up with IV's and a catheter. There
was an ADC officer next to his bed, not a Clark County
officer. Plaintiff believes it was his second day of
incarceration when he was placed in the bed by Trustee
was asked why he did not file a proper grievance with Clark
County Jail. Plaintiff testified he asked for a grievance
form and was told he had no grievable issues. He also
testified he asked for a sick call several times, and was
either ignored or told he did not need one. The Court asked
if he specifically asked for a grievance form and was told he
had no grievable issues. Plaintiff answered
was asked why he told Defendant Chandler he was not taking
any medication at booking. He testified his exact words were
“I am not on meds at this time because I couldn't
afford them.” Plaintiff testified that he also told
Chandler he was supposed to be taking insulin and needed to
make a phone call.
was then asked about his interaction with Sheriff Watson.
Plaintiff stated he had been in Clark County jail on two
prior occasions and was in the hospital for the same thing as
this incident. He stated he felt the Sheriff had a duty to
have adequate medical supplies, and for the second time this
year, did not have them. Plaintiff was asked if he had any
direct contact with the sheriff for this incident. Plaintiff
testified “No, not this time.”
was asked how he knew there were no medical supplies. He
testified he had asked if they had insulin, and was told they
did not; inmates had to bring their insulin with them.