United States District Court, E.D. Arkansas, Little Rock Division
PROPOSED FINDINGS AND RECOMMENDATION
following Proposed Findings and Recommendation have been sent
to United States District Judge Billy Roy Wilson. 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
David Waymon Waters filed a pro se complaint
pursuant to 42 U.S.C. § 1983 on July 2, 2015. Defendants
are Dr. Garry Stewart and nurse Monte Munyan, both of the
Faulkner County Detention Center. Waters asserts the following
in his complaint:
[O]fficer Cobley took me to see Monte Munyun I then asked him
why did they take my prescribed meds or why aren't they
being filled and he stated that Dr. Steward who is not my
Doctor or didn't prescribe my medication for me said he
was trying to save the county money so that's why
he's not filling my prescriptions. I have congestive
heart failure, high blood pressure, arthritis in my back and
legs and rotator cup problems and I suffer from depression. I
was taking Tyzanadine, Terizosin, Meloxicam, Wellbutrin,
Furosemide, 81 mg Baby Aspirin, Meteroprolol, Hydrocodon
10.325, Ranatidine. The Doctor took me off Wellbutrin,
Terizosin, Meloxicam and Hydrocodone 10.325 so now I'm in
constant pain and I'm having mood swings and my blood
pressure is high all the time and my vision is blurred. The
medical staff is ignoring me and not taking me serious.
Doc. No. 2, page 5. Waters also claims on at least one
occasion he received 9 pills in an 8 pill package, and once
received 6 pills in a 5 pill package. Finally, Waters alleges
“Munyan put me on the bench from 4:30 p.m. till 8:30
p.m. for medical watch, but really he was punishing me cause
I said that I filing a lawsuit. I still think their trying to
kill me.” Doc. No. 2, page 6.
was arrested and booked into the Faulkner County Detention
Center on March 27, 2015. Doc. No. 34-15. At that time,
Waters stated he was taking Meloxicam, Furosenide,
Metoprolol, Ranitidine, Terazosin, Klor-Con, Tizendine,
Bupropion, and Nitrogen. Doc. No. 34-3. Waters saw Stewart
regularly during his incarceration at the detention center,
and he was prescribed multiple medications. Doc. Nos. 34-4 to
34-12. According to defendants' undisputed statement of
facts, Waters was given Tizanidine, a muscle relaxer, from
April 22, 2015, to May 27, 2015, and from June 4, 2015, until
his release. Waters was given Terazosin, for prostate issues,
from April 9, 2015, until May 27, 2015. Waters' sister
brought him 30 day prescriptions for Terazosin on April 15,
2015, and June 27, 2015. Waters received Metroprolol for high
blood pressure and heart rate issues starting on May 20,
2015, and his blood pressure was checked regularly while he
was at the detention center. On April 9, 2015, Waters was
given Meloxicam for arthritis. Waters' sister brought in
30 day prescriptions for Meloxicam on April 15, 2015, and
June 27, 2015. Waters' sister brought him a 30 days
supply of Wellbutrin on April 15, 2015, and Waters'
family brought in Bupropion on June 27, 2015. Waters was
given Prozac in the place of Wellbutrin on June 4, 2015.
Waters was given Furosemide at the detention center on April
22, 2015, and the prescription was reordered on June 16,
2015. Waters's sister brought him a 30 day prescription
of Furosemide on June 27, 2015. On April 2, April 25, and May
29, 2015, Waters was given baby aspirin. Waters was
prescribed Ranitidine on April 9 and May 29, 2015, and
Waters' sister brought him a 30 day prescription on April
15, 2015, and June 27, 2015. Waters was also given Klor-Con,
ibuprofen, Lasix, Prednisone, and Amoxicillin during his
incarceration at the detention center. On June 4, 2015,
Stewart discontinued all of Waters' medications, and
prescribed Tizanidine, Lasix, baby aspirin, ibuprofen, and
Metroprolol. Stewart prescribed ibuprofen for shoulder pain
on June 18, 2015. On June 25, 2015, Stewart saw Waters for
medications and dental, and prescribed Terazosin, Wellbutrin,
and Meloxicam. On one occasion, Waters was given nine pills
instead of eight. In response to a grievance Waters filed,
detention center officials acknowledged the vendor made a
packaging error, which was not repeated. Doc. No. 34-13.
Waters was released on July 21, 2015. Doc. No. 34-18.
the alleged denial of appropriate medication is Waters'
primary claim, he also alleges he was placed on medical watch
in retaliation for a threat to file legal action. The
undisputed facts demonstrate that Waters was placed on the
booking area bench on suicide watch on May 17, 2015, and
monitored from 6:30 p.m. to 10:30 p.m., at which time he
signed a “No Harm Agreement.” Doc. Nos. 34-16
filed a motion for summary judgment, a brief in support, and
a statement of facts, on September 12, 2016. Doc. Nos. 32-34.
Waters has not responded, despite an order advising him of
his right to do so. Doc. No. 35.
argue they are entitled to summary judgment because they were
not deliberately indifferent to Waters' medical needs,
that Waters was not denied due process when he was placed on
suicide watch on the booking area bench, that they are
entitled to qualified immunity, and that there is no basis
for official capacity or county liability. Doc. No. 33.
Waters failed to controvert the facts set forth in
defendants' statement of undisputed facts, Doc. No. 34,
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.
Standard of review
Rule 56(c) of the Federal Rules of Civil Procedure, summary
judgment is proper “if the pleadings, depositions,
answers to interrogatories and admissions on file, together
with the affidavits, if any, show that there is no genuine
issue as to any material fact and that the moving party is
entitled to a judgment as a matter of law. Fed.R.Civ.P.
56(c); Celotex v. Catrett, 477 U.S. 317, 321 (1986).
When ruling on a motion for summary judgment, the court must
view the evidence in a light most favorable to the nonmoving
party. Naucke v. City of Park Hills, 284 F.3d 923,
927 (8th Cir. 2002). The nonmoving party may not rely on
allegations or denials, but must demonstrate the existence of
specific facts that create a genuine issue for trial.
Mann v. Yarnell, 497 F.3d 822, 825 (8th Cir. 2007).
The nonmoving party's allegations must be supported by
sufficient probative evidence that would permit a finding in
his favor on more than mere speculation, conjecture, or
fantasy. Id. (citations omitted). A dispute is
genuine if the evidence is such that it could cause a
reasonable jury to return a verdict for either party; a fact
is material if ...