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McReynolds v. Glenn

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

April 27, 2017

BOBBY FRANKLIN MCREYNOLDS PLAINTIFF
v.
PRESTON GLENN, Jail Administrator, Nevada County Jail; DR. ELKINS, Nevada County Jail; and SHERIFF DANNY MARTIN, Nevada County Jail DEFENDANTS

          MEMORANDUM OPINION

          Susan O. Hickey United States District Judge

         This is a civil rights action filed pro se by Plaintiff, Bobby Franklin McReynolds, under 42 U.S.C. § 1983. Currently before the Court are Plaintiff's Motion for Summary Judgment (ECF No. 80) and Defendants Preston Glenn, Dr. Darrell Elkin[1] and Danny Martin's Motion for Summary Judgment. (ECF No. 97). Defendants filed a Response to Plaintiff's motion on November 20. 2017. (ECF No. 88). Plaintiff filed a Response to Defendants' motion on April 11, 2018. (ECF No. 102). The Court finds this matter ripe for consideration.

         I. BACKGROUND

         Plaintiff is currently incarcerated in the Arkansas Department of Correction (“ADC”) - Randall L. Williams Correctional Facility, in Pine Bluff, Arkansas. This case arises from incidents which occurred while Plaintiff was being held at the Nevada County Jail (“NCJ”) in Prescott, Arkansas.

         Viewed in the light most favorable to Plaintiff, the relevant facts are as follows. Plaintiff was booked into the NCJ on November 23, 2016, where he remained until he was released to the ADC on December 8, 2016. (ECF No. 80, p. 7). During this time, Defendant Glenn was the Jail Administrator for the NCJ. Defendant Elkin was the medical doctor for the NCJ. Defendant Martin was the Sheriff of Nevada County.

         On November 30, 2016, Plaintiff slipped and fell while exiting the shower at the NCJ injuring his head, knee, shoulder and back. Plaintiff was immediately transported by ambulance to Wadley Regional Medical Center in Hope, Arkansas. (ECF No. 98, p. 2). Plaintiff was examined by a physician and discharged from the hospital later that day with a prescription for a pain reliever and instructions to continue his regularly scheduled medical care. (ECF No. 99-2). No x-rays were taken of Plaintiff's injuries, and he was not given any medical restrictions from the physician at the hospital. When Plaintiff returned to the NCJ he was assigned to a top bunk on the second floor of B Pod. Plaintiff asked Defendant Glenn to move him to a bottom bunk but was told there were no other bunks available. For approximately eight days Plaintiff was required to go up and down stairs, and climb up to and down from his top bunk. Plaintiff also asked for a “second [medical] opinion” and was seen by Defendant Elkin five days after his request. (ECF No. 80, p. 3).

         Plaintiff filed his initial Complaint in the Eastern District of Arkansas on December 8, 2016. (ECF No. 2). The case was then transferred to the Western District of Arkansas on December 21, 2016. (ECF No. 5). On February 10, 2017, Plaintiff filed an Amended Complaint.[2] (ECF No. 21). Plaintiff alleges that Defendant Glenn “would not help me, get any relieve when I go back to the jail, he keeped me upstairs (B) Pod top Rack. He would not help me at the time I got back from Whattley Medical Center…I'm suing him for…dellberate indifference.” Id. at p. 2. Plaintiff claims that Defendant Martin, as sheriff, “knows what goes on at his jail at all times. Sueing him also for…dellberate indifference.” Id. With respect to Defendant Elkin, Plaintiff alleges he “seen me 3 to 4 days later, said he would get permission from (ADC) but he did not and I stayed hurting and criple within much pain.” Id. Plaintiff seeks compensatory damages. He is suing Defendants in both their individual and official capacities.

         Plaintiff filed his Motion for Summary Judgment on October 27, 2017. (ECF No. 80). However, he did not submit a separate statement of undisputed facts with the motion. Instead, Plaintiff submitted discovery answers he received from Defendants. Plaintiff argues he is entitled to summary judgment because Defendants were deliberately indifferent to his medical needs. Defendants filed their Motion for Summary Judgment on March 28, 2018, arguing that they are entitled to summary judgment because the facts, taken in the light most favorable to Plaintiff, do not rise to the level of a constitutional violation and because Defendants are entitled to qualified immunity. (ECF No. 97).

         Plaintiff filed his Response to Defendants' motion on April 11, 2018. He does not dispute that he was sent back to the NCJ without medical restrictions.[3] However, as evidence that he was injured, Plaintiff submits medical records from treatment he received at the ADC after leaving the NCJ. An ADC Condensed Health Services Encounter dated January 5, 2017 reveals that an x-ray was done on Plaintiff's left knee, left hand, and right shoulder on or about December 30, 2017.

         The notes from Elliot Wagner, M.D. from January 2, 2017, state in part:

KNEE EXAM 3V AP LAT OBLIQUE, LEFT
Results: There is a fracture involving left proximal fibula with minimal displacement. The joint shows no dislocation. There is associated joint effusion. Conclusion: Old healing left knee fracture as described above.

(ECF No. 102, p. 5). Dr. Wagner also notes that there were no fractures to Plaintiff's fingers, left hand, or right shoulder. Id.

         II. ...


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