United States District Court, E.D. Arkansas, Northern Division
FINDINGS AND RECOMMENDATION
following proposed Findings and Recommendation have been sent
to United States District Judge J. Leon Holmes. You may file
written objections to all or part of this Recommendation. If
you do so, those objections must: (1) specifically explain
the factual and/or legal basis for your objection, and (2) be
received by the Clerk of this Court within fourteen (14) days
of this Recommendation. By not objecting, you may waive the
right to appeal questions of fact.
defendants who remain in this case, Joe Page
(“Page”), Aundrea Weekly (“Weekly”),
and Vernon Robertson (“Robertson”), have filed
the pending motion for summary judgment. See
Document 66. For the reasons that follow, the
undersigned recommends that the motion be granted, the claims
against them be dismissed with prejudice, the complaint be
dismissed, and judgment be entered for all of the defendants.
Joshua Allen Smith (“Smith”) began this case by
filing a complaint pursuant to 42 U.S.C. 1983 and joining
Page, Weekly, and Robertson. Smith alleged that he was never
properly fitted with footwear while incarcerated at the
Arkansas Department of Correction's Grimes Unit
(“Grimes Unit”). Instead, he was forced to walk
barefoot or with boots or shower shoes so small they
“cut, blistered, damaged, or ... [scarred] [his]
feet.” See Document 2 at CM/ECF 4. Smith
alleged that the defendants were aware of his need for
footwear but chose to disregard the need.
defendants eventually filed the pending motion for summary
judgment. In the motion, they maintained that Smith had
failed to meet his burden of proving deliberate indifference
to a serious medical need and, as a result, they are shielded
from liability by qualified immunity.
was notified of his right to file a response to the
defendants' motion for summary judgment. Although Smith
obtained an extension of time for filing a response, he filed
nothing, and the time for doing so has now passed.
Weekly, and Robertson accompanied their motion for summary
judgment with a statement of material facts as required by
Local Rule 56.1(a). See Document 67. Smith filed
nothing in response. Because he did not controvert the facts
contained in the statement, those facts are deemed admitted.
See Local Rule 56.1(c). The defendants'
statement, and the other pleadings and exhibits in the
record, establish that the material facts are not in dispute.
Those facts are as follows:
Beginning in August of 2014, Smith was housed at the Grimes
Unit where Page, Weekly, and Robertson were employed.
See Document 2 at CM/ECF 1-2, Document 41 at CM/ECF
1, Document 67 at CM/ECF 1.
Smith has exceptionally large feet and testified during his
deposition that he wears size 18 EEEE footwear. See
Document 66, Exhibit A at CM/ECF 8.
he arrived at the Grimes Unit, he had no footwear but was
only wearing socks on his feet. See Document 66,
Exhibit A at CM/ECF 6-7.
was given a pair of size 16 boots and was told that efforts
would be undertaken to obtain other footwear for him.