United States District Court, W.D. Arkansas, Fayetteville Division
REPORT AND RECOMMENDATION OF THE MAGISTRATE
ERIN L. SETSER 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.
events that are the subject of this suit occurred while
Plaintiff was incarcerated in the Washington County Detention
Center (WCDC) in Fayetteville, Arkansas. Specifically,
Plaintiff maintains his rights were violated in the following
ways: (1) he was denied adequate medical care or his medical
care was delayed; and (2) his mental health medications were
summary judgment motion (Doc. 83) was filed on behalf of
Nurse Bradley, Southern Health Partners (SHP), Dr. Saez, and
Nurse Lee. On April 19, 2016, a hearing was held to allow the
Plaintiff to orally respond to the summary judgment
Summary Judgment Standard
Court “shall grant summary judgment if the movant shows
that there is no genuine dispute as to any material fact and
the movant is entitled to judgment as a matter of law.”
P. 56(a). “[A] genuine issue of material fact exists
if: (1) there is a dispute of fact; (2) the disputed fact is
material to the outcome of the case; and (3) the dispute is
genuine, that is, a reasonable jury could return a verdict
for either party.” RSBI Aerospace, Inc. v.
Affiliated FM Ins. Co., 49 F.3d 399, 401 (8th Cir.
moving party has the burden of showing the absence of a
genuine issue of material fact and that they are entitled to
judgment as a matter of law, but the nonmoving party may not
rest upon mere denials or allegations in the pleadings and
must set forth specific facts to raise a genuine issue for
trial. See Anderson v. Liberty Lobby, Inc., 477 U.S.
242, 256 (1986); Celotex Corp. v. Catrett, 477 U.S.
317, 324 (1986). The Court must view all evidence and
inferences in a light most favorable to the nonmoving party.
See McCleary v. ReliaStar Life Ins. Co., 682 F.3d
1116, 1119 (8th Cir. 2012). However, “[w]hen opposing
parties tell two different stories, one of which is blatantly
contradicted by the record, so that no reasonable jury could
believe it, a court should not adopt that version of the
facts for purposes of ruling on a motion for summary
judgment.” Scott v. Harris, 550 U.S. 372, 380
Background and Evidence Presented
was booked into the WCDC on November 5, 2014, and remained
there until his transfer to the Arkansas Department of
Correction (ADC) on March 2, 2015. Plaintiff's
Exhibit (hereinafter Plff's Ex.) 1 at 1. He
testified he was there because of a parole violation and
could not bond out.
testified that before he was booked in he had been diagnosed
with: borderline personality disorder; bipolar disorder; post
traumatic stress disorder; panic disorder; hypertension; and
degenerative joint disease. Plff's Ex. 3 at
25-26. He reported being on the following
medications: Lisinopril, Alprazolam, Paxil, Latuda, Abilify,
Temazepam, and Hydrocodone. Plff's Ex. 1 at 3.
Plaintiff testified that these medications, with the
exception of hydrocodone, had been prescribed by Advanced
Practice Nurse (APN) Debbie Koch at Perspectives Behavioral
Health (Perspectives). Plaintiff indicated the Hydrocodone
had been prescribed by a doctor at Washington Regional
Medical Center (WRMC). Plaintiff testified that when he was
booked into the jail, he had current prescriptions for these
medications. He did not, however, have the medications with
him. Plaintiff testified that he had been hospitalized two or
three times when he had suicidal thoughts and exhibited some
testified that from May 2014, up until his incarceration on
November 5, 2014, he was undergoing active treatment at
Perspectives. He indicated that he was seeing a psychiatrist
every two months and a therapist once a month.
testified he saw a nurse on November 6, 2014, the day after
he was booked in. Plaintiff indicated he explained his
diagnoses and the medications he was taking. Plaintiff was
told he would be referred to a psychiatric nurse. He was not
given his prescribed medications. Plaintiff testified he
could not get out of bed for a week because he was suffering
withdrawal symptoms. As a result of the abrupt
discontinuation of his medications, Plaintiff testified he
was sweating, having nightmares, not eating, experienced
vomiting and diarrhea, and was confused. Plaintiff stated he
was incoherent much of this time and could not submit
requests or grievances. Plaintiff indicated he had been on
some of these medications for years.
called and had his family bring his medications from home.
Plff's Ex. 1 at 6. The medication was delivered
to the detention center on November 8, 2014. Id.
Plaintiff testified the following medications were refused
because they were narcotics: Alprazolam, Temazepam,
Hydrocodone, and Tramadol. The jail kept the Latuda,
Lisinopril, and Paxil. Id.; see also Defts' Ex.
1-b. Plaintiff testified he started getting these medications
on November 10, 2014. See also Defts' Ex. 2 at
¶¶ 4-5. Latuda is an anti-psychotic medication.
Id. at ¶ 8. Lisinopril is used to treat high
blood pressure. Paxil is an anti-depressant and
anti-anxiety medication. Id. at ¶ 6.
Plaintiff was without any medication from November 5th to
November 10th. Plaintiff testified that even after he
starting receiving the medications the detention center kept,
he continued to suffer from withdrawal from the other
November 13, 2014, Plaintiff submitted a request to see the
psychiatric nurse. Doc. 88-4 at 1. By November 13th,
Plaintiff indicated he was starting to feel better.
testified he was first seen by Nurse Madewell on November 19,
2014. Plaintiff indicates she explained what her job was and
how the system worked. Plaintiff complained his stomach was
hurting and that he believed this was a side effect of
Latuda. He testified that the directions for Latuda said it
should be taken on a full stomach. However, because of the
meal and medication distribution times, this did not occur.
Plaintiff was given a prescription for Prilosec.
Plff's Ex. 1 at 14. Nurse Madewell put the
medication on the medication cart and made out a medication
administration record (MAR). Id. Plaintiff testified
that Nurse Madewell said she would ask the doctor about the
medications that were refused. Id. Plaintiff
indicated he had been in jail several other times and he knew
that you just had to wait it out.
same day, Plaintiff submitted a medical request asking to be
placed on the doctor's list so they could discuss
alternatives to the medication he had been refused because of
jail policy. Doc. 88-4 at 3. On November 21, 2014, Nurse
Bradley responded that he was on the list to see the
psychiatric nurse. Id.
November 21, 2014, Plaintiff submitted a medical request
indicating that he had a sore throat and cough and also
needed to see the doctor about his medication. Doc. 88-4 at
3. In response, he was added to the nurse call. Id.
Plaintiff testified he did talk to the nurse but he wanted to
speak to the doctor. According to the Plaintiff, Nurse
Bradley told him that if he saw the doctor, he would be taken
off all of the medications.
November 24, 2014, Dr. Saez ordered the Latuda to be
administered at evening pill call. Defts' Ex. 2
at ¶ 11. On November 29, 2014, Dr. Saez prescribed
Motrin 800 mg. for ten days to treat Plaintiff's back
pain. Id. at ¶ 25. Motrin is a non-steroidal
anti-inflammatory pain reliever. Id. at ¶ 23.
testified that he saw Dr. Saez on December 5, 2014. Plaintiff
testified that he asked about alternatives to the narcotic
medications he was being denied. Plaintiff indicates he also
asked for something to treat anxiety. Plaintiff complained of
excessive sleepiness and fatigue as a result of taking Latuda
in the morning. Because of the jail's routine, Plaintiff
was not able to lay down after having taken the medication.
Plff's Ex. 1 at 14. Plaintiff testified that
Nurse Madewell had suggested he discontinue the Latuda.
was started on Buspar. Defts' Ex. 2 at ¶
12. Buspar is an anti-anxiety medication. Id. at
¶ 13. Plaintiff was also prescribed Gabapentin 300 mg.
twice a day for back pain. Id. at ¶ 26.
Gabapentin is used, among other things, to treat pain.
Id. at ¶ 24.
testified that he explained to Dr. Saez that he had already
been on Buspar and it did not work. According to Plaintiff,
Dr. Saez told him to take the Buspar for a week or two and
let it build up in his system.
testified that he believed he was having problems with his
blood pressure when he began to feel dizzy and hot. He stated
he knew something was not right. On December 9, 2014,
Plaintiff said he needed to talk to the doctor because he was
having blood pressure issues. Plaintiff testified he also
tried to get detention center personnel to call the nurse.
Plaintiff testified that he and Nurse Bradley had problems.
December 9, 2014, Dr. Saez prescribed Motrin 400 mg for seven
days for Plaintiff's back pain. Defts Ex. 2 at
¶ 27. Plaintiff asked that his Gabapentin be increased.
Id. at ¶ 28. On December 19, 2014, Dr. Saez
ordered Plaintiff's dose of Gabapentin be increased to
600 mg twice a day for back pain. Id. at ¶ 29.
testified that on December 14, 2014, he asked what he needed
to do to get his blood pressure checked. Nurse Bradley
responded that she would take it when she had time. On
December 15, 2014, Plaintiff submitted a grievance about his
blood pressure and also stated that he had no choice but to
file a § 1983 lawsuit. Doc. 88-4 at 8.
testified that on December 16, 2014, Nurse Bradley said she
would check his blood pressure for seven days and then he
could see the doctor. Plaintiff stated that Nurse Bradley did
not take his blood pressure for seven days. Instead, she took
it on December 16th, 20th, 21st, and 26th. Defts'
testified that his blood pressure medication was decreased
but he continued having problems with his blood pressure for
several months. Plaintiff noted that he told Defendants on
several occasions that he was having blood pressure problems.
See Plff's Ex. 2. Plaintiff testified that when
he asked ...