Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Knight v. Day

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

February 28, 2017

BRYAN KNIGHT PLAINTIFF
v.
JASON DAY, Jail Administrator; SHERIFF MIKE MOORE; and NURSE JODI WOODS DEFENDANTS

          OPINION AND ORDER

          TIMOTHY L. BROOKS UNITED STATES DISTRICT JUDGE

         This is a civil rights action filed by Plaintiff pursuant to 42 U.S.C. § 1983. Plaintiff proceeds pro se and in forma pauperis.

         Plaintiff is currently incarcerated in the Arkansas Department of Correction (ADC), Grimes Unit. At all times relevant to this lawsuit, Plaintiff was incarcerated in the Boone County Detention Center (BCDC). During his incarceration in the BCDC, he maintains he was denied post-surgery radiation treatment for testicular cancer. The case is before the Court on a motion to dismiss (Doc. 37) the official capacity claims filed by Separate Defendant, Nurse Jodi Woods. Plaintiff has responded (Doc. 44) to the motion to dismiss.

         I. BACKGROUND

         While in the custody of the ADC in 2014, Plaintiff alleges he was diagnosed with testicular cancer and underwent a "radical form of surgery." Once he had healed up from the surgery, he was to undergo radiation therapy. Before he underwent the radiation therapy, Plaintiff was released on parole.

         Shortly after he got out, Plaintiff was re-arrested on a parole revocation charge and detained at the BCDC. He states he advised detention center personnel that he had cancer and still needed the radiation treatments.

         With respect to Nurse Woods, Plaintiff alleges he told her several times that he had scrotal pain and abdominal pain and needed radiation treatment. Plaintiff states that he even showed her the surgical scar. Plaintiff alleges she ignored his pleas for help, but she did finally have him sign a medical release form so that she could obtain his medical records.

         Plaintiff alleges he filed grievance after grievance trying to get medical help. He states Defendants refused to do blood tests, an MRI, x-rays, and he was given nothing for pain management. He maintains the Defendants knowingly interfered with his medical treatment.

         According to the Plaintiff, the Sheriff suggested he file a writ of habeas corpus asking the state court to release him so that he could obtain medical care. Plaintiff indicates his wife talked with Nurse Woods and Sheriff Moore about Plaintiffs need for medical care.

         Plaintiff alleges that Jason Day called the Plaintiff into his office and said he was a "liability" because of his medical condition. Day stated if it were up to him, he would let the Plaintiff go. Plaintiff alleges Day made many calls for Plaintiff trying to get him in front of Judge Webb to be heard.

         II. LEGAL STANDARD

         Rule 8(a) contains the general pleading rules and requires a complaint to present "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed.

         R. Civ. P. 8(a)(2). "In order to meet this standard, and survive a motion to dismiss under Rule 12(b)(6), 'a complaint must contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face.'" Braden v. Wal-Mart Stores, Inc., 588 F.3d 585, 594 (8th Cir. 2009) (quoting, Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)).

         "The plausibility standard requires a plaintiff to show at the pleading stage that success on the merits is more than a 'sheer possibility.'" Braden, 588 F.3d at 594 (quoting Iqbal, 556 U.S. at 678). The standard does "not impose a probability requirement at the pleading stage; it simply calls for enough fact to raise a reasonable expectation, " or reasonable inference, that the "defendant is liable for the misconduct alleged." Iqbal, 556 U.S. at 678; see also Stone v. Harry,364 F.3d 912, 914 (8th Cir. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.