United States District Court, W.D. Arkansas, Hot Springs Division
BARRY A. BRYANT 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. The case is before me pursuant to
the consent (ECF No. 15) of the parties.
Plaintiff was incarceration in the Hot Spring County
Detention Center (HSCDC), he contends his constitutional
rights were violated in the following ways: (1) his
grievances were not kept; (2) he was denied adequate medical
care; and (3) he was denied access to his attorney's
filed a motion for summary judgment (ECF No. 44). A hearing
was held on September 14, 2016, to allow Plaintiff to testify
in response to the motion. The motion is now ready for
was booked into the HSCDC on December 18, 2013.
Defendants' Exhibit (hereinafter Defts'
Ex.) A. On December 19, 2013, his parole was revoked.
Defts' Ex. B. Plaintiff remained incarcerated
there until April 23, 2014, when he was transported to the
Southwest Arkansas Community Corrections Center, Technical
Violator Program. Defts' Ex. C.
was booked in, Plaintiff had three empty prescription
medication bottles with him for Prozac, Nexium, and Celebrex.
Defts' Ex. D at ¶ 6. Sergeant Amie Martin
was at that time the jail administrator. Id. at
¶ 4. On December 19, 2013, Sergeant Martin informed
Darrell Elkin, the jail's medical officer, about the
prescription bottles. Id. at ¶ 7. Sergeant
Martin requested that Elkin see Plaintiff when he came to the
detention center. Id.
to Sergeant Martin, Elkin and "Young's Pharmacy
handled getting the prescriptions transferred because it
lacked the proper medical credentials." Defts'
Ex. D at ¶ 8. Her understanding was "that the
prescriptions were originally filled by a pharmacy that was
only open one or two days per week and it was very difficult
for Mr. Elkin and Young's Pharmacy to get the
prescriptions transferred for filling." Id. at
¶ 9. The transfer was made even more difficult due to
the Christmas and New Year holidays. Id. at ¶
December 19, 2013, through the time Plaintiff left the
facility, Sergeant Martin states she "had numerous
conversations with" Plaintiff. Defts' Ex. D
at ¶ 11. She states that during this entire time she
"never noticed [Plaintiff] acting-out, behaving
irrationally or having any mental or physical distress."
Id. at ¶ 12.
December 25, 2013, Plaintiff submitted a grievance stating he
had been denied his prescription medications since his
arrival. Defts' Ex. E. He stated he had not
received any Prozac or Celebrex and had only received his
Nexium twice. Id. Plaintiff stated that he was
supposed to take the pills every morning. Id. In
response, he was told that Young's Pharmacy was having
difficulty getting the prescriptions transferred from the
Christian Pharmacy. Id. Because of delays in getting
his medication, Plaintiff testified he had added pain, mental
anguish, and his Post Traumatic Stress Disorder (PTSD)
January 4, 2014, Plaintiff submitted a medical request
stating that he had just received three medications and would
like to know the names of the medication and dosages so he
could contact his doctor to see if he approved the changes.
Defts' Ex. F. In response, Plaintiff was told
Elkin had prescribed the generic forms, fluoxetine,
ranitidine, and meloxicam, of his regular medications.
medical administration records indicate Plaintiff began
receiving all three medications on January 3, 2014.
Defts' Ex. G. He continued to receive these
medications throughout his incarceration. Id. It
appears Plaintiff did receive Nexium on December 22, 2013,
and December 23, 2013. Id.
testified that he submitted a grievance stating that he had a
case pending in Hot Springs and he had been told by his
parole officer that he would be transferred there. He asked
for his attorney's address, a § 1983 form, and
complained that he was not receiving his medication.
Plaintiff was called into Sergeant Martin's office. She
called the Garland County District Court on December 31,
2013, and was told they would not transport him.
testified that Sergeant Martin refused to give him his
attorney's address and his medications. Plaintiff
testified he had the attorney's address but it was in his
property and he could not get it. In fact, he testified he
did not receive his attorney's address until just before
he was transferred out. Between December and April, Plaintiff
testified he had no contact with his attorney. He indicated
the attorney did not know where Plaintiff was until Plaintiff
wrote him in April. As a result, Plaintiff ...