United States District Court, E.D. Arkansas, Western Division
MEMORANDUM OPINION AND ORDER
defendants in the case at bar have filed the pending motion
for summary judgment. See Document 14. For the reasons
that follow, the motion will be, and is, granted.
Jeffery Lee Hamrick (“Hamrick”) began this case
by filing a complaint pursuant to 42 U.S.C. 1983. Hamrick
joined Steve Lopez (“Lopez”), David Bufford
(“Bufford”), Margie Grigsby
(“Grigsby”), and John Staley
(“Staley”) in their official and individual
capacities as officials with Lonoke County, Arkansas. Hamrick
alleged that while he was incarcerated in the Lonoke County,
Arkansas, Detention Center (“Detention Center”)
on an alleged parole violation, the following occurred:
[In February of] 2015, I was incarcerated in Lonoke [County]
Detention Center at which I was a [trustee]. I was tested at
the beginning of March for [tuberculosis] and the results
came back negative by Dr. Lisa Dillon. Between the months of
June and July, there were five Hispanic men housed up front
that had tested positive for [tuberculosis] and were being
treated. As a [trustee], it was my duty to clean their cells.
I was not provided a respirator and there were no
[tuberculosis] lights or filters throughout the entire
facility. I came to [the Arkansas Department of Correction in
August of] 2015 to Malvern Diagnostic Center where I was
informed that I had tested positive for [tuberculosis] and
was confirmed with a chest x-ray. The following nine weeks I
was treated with a vaccination.
See Document 2 at CM/ECF 4. Hamrick asked that the
defendants be ordered to pay him monetary damages.
defendants thereafter filed the pending motion for summary
judgment. They asked that the complaint be dismissed and
offered the following reasons why:
[Hamrick's] complaint does not state facts to support an
“official capacity” claim against the Defendants.
In short, the complaint does not refer to any custom, policy
or official practice at the Lonoke County Detention Center
that would even minimally [pass] muster as an official
capacity claim under [42 U.S.C.] 1983. Furthermore,
Defendants' actions did not violate clearly established
statutory or constitutional rights of which a reasonable
person would have known, therefore the Defendants are
entitled to qualified immunity. And, the undisputed facts do
not demonstrate how each individual Defendant subjectively
knew of an excessive risk to [Hamrick's] health or safety
and then disregarded it. In other words, the undisputed facts
do not demonstrate the Defendants acted with deliberate
indifference. Finally, [Hamrick] is unable to prove he
acquired the [tuberculosis] germs at the detention center,
which is fatal to his claim.
See Document 15 at CM/ECF 7.
was notified of his right to file a response to the
defendants' motion for summary judgment and was given
fourteen days from February 24, 2017, to do so. He filed
nothing in response to the motion, and the time for doing so
has now passed.
defendants accompanied their motion for summary judgment with
a statement of material facts as required by Local Rule
56.1(a). Hamrick filed nothing in response. Because he did
not controvert the facts contained in the defendants'
statement, the facts set forth in the statement 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 on February 17, 2015, and continuing through August
21, 2015, Hamrick was incarcerated in the Detention Center on
an alleged parole violation. See Document 2 at
CM/ECF 3; Document 16 at CM/ECF 1.
During that period, Staley was the Lonoke County, Arkansas,
Sheriff; Lopez was the Detention Center Administrator; and
Bufford and Grigsby were Detention Center employees.
See Document 2 at CM/ECF 1-2; Document 16, Exhibit A
at CM/ECF 1.
defendants were not medical professionals and provided no
medical care to inmates at the Detention Center. See
Document 16 at CM/ECF 1.
inmates' medical care was provided by representatives of
AR Care, a private health care company, and Detention Center
officials relied upon the medical advice of the AR Care
representatives. See Document 16 at CM/ECF 1.
some point during Hamrick's incarceration, the Detention
Center came to house inmates who were positive for, and being
treated for, tuberculosis. See Document 16 at CM/ECF
Tuberculosis is caused by a bacteria that manifests itself as
either a latent tuberculosis infection or tuberculosis