United States District Court, W.D. Arkansas, Texarkana Division
O. Hickey United States District Judge
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 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
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
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.
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.
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. (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.
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).
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. 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.
notes from Elliot Wagner, M.D. from January 2, 2017, state in
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