United States District Court, E.D. Arkansas, Western Division
PROPOSED FINDINGS AND RECOMMENDATION
following Proposed Findings and Recommendation have been sent
to United States District Judge D.P. Marshall Jr. 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
Walter Antoine Kimble, III, an inmate in the custody of the
Arkansas Department of Correction (“ADC”), filed
this pro se civil rights complaint against
defendants Randall Eoff, Sheriff Mike Smith, Alisha Hardy,
and Mike Hardy (the “Defendants”). See
Doc. No. 2. Kimble alleges that Defendants violated his
constitutional rights by not providing him with
“adequate portions of nourishing food, access to
medical and dental care when indicated, clean living quarters
and a healthy, safe, and secure environment.” Doc. No.
2 at 5. Specifically, Kimble alleged he was not tested for
tuberculosis (“TB”) when he was admitted to the
Conway County Detention Center (the “Jail”); he
was possibly exposed to TB at the Jail; the Jail did not have
TB lights; there was mold in the Jail; and the meals did not
contain enough calories. Id. at 4-6. Kimble also
complained that the Jail did not properly respond to his
grievances. Id. at 4. Kimble sues the Defendants in
both their individual and official capacities. Id.
at 2. He seeks $3.5 million in damages on his official
capacity claims, and $100, 000 against each defendant in his
or her individual capacity. Id. at 7.
the Court is a motion for summary judgment, a brief in
support, and a statement of undisputed material facts filed
by Defendants (Doc. Nos. 21-23). Kimble did not file a
response to the Defendants' motion. Because Kimble failed
to controvert the facts set forth in Defendants'
statement of undisputed facts, Doc. No. 23, 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 and that Defendants are entitled to summary
judgment as a matter of law.
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 its resolution affects the outcome of the
case. Othman v. City of Country Club Hills, 671 F.3d
672, 675 (8th Cir. 2012). Disputes that are not genuine or
that are about facts that are not material will not preclude
summary judgment. Sitzes v. City of West Memphis,
Ark., 606 F.3d 461, 465 (8th Cir. 2010).
following facts are undisputed:
1. Kimble was booked into the Jail on September 23, 2015.
See Doc. No. 23-1 at 2; Doc. No. 23-3 at 2.
2. Kimble was released to the custody of the ADC on November
13, 2015. Id.
3. Kimble was a pre-trial detainee during the time of the
events referred to in his complaint. See Doc. 2 at
4. Kimble filed grievances concerning inadequate meals,
exposure to mold, the Jail not having tuberculosis
(“TB”) lights, inmates not being tested for TB at
the Jail, and Defendants not responding to grievances, ...