Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Wilson v. Karas

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

November 14, 2017

TIMOTHY WILSON PLAINTIFF
v.
DR. ROBERT KARAS DEFENDANT

          REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE

          HON. ERIN L. WIEDEMANN UNITED STATES MAGISTRATE JUDGE.

         This is a civil rights case filed by the Plaintiff pursuant to 42 U.S.C. § 1983. Plaintiff proceeds pro se and in forma pauperis.

         Plaintiff is currently incarcerated in the Varner Unit of the Arkansas Department of Correction (ADC). The events that are the subject of this case occurred while Plaintiff was housed at the Washington County Detention Center (WCDC). Specifically, Plaintiff maintains he was denied adequate medical care in violation of the United States Constitution.

         Defendant filed a Motion for Summary Judgment (ECF No. 28). A hearing was held on July 6, 2017, to allow Plaintiff to testify in response to the Motion. Plaintiff appeared by video from the ADC. At the conclusion of the hearing, the Motion was taken under advisement pending preparation of this report and recommendation.

         I. BACKGROUND

         The period of incarceration at issue in this case began with Plaintiff's arrest and booking on June 23, 2016, and ended when he was released on bond on September 15, 2016. (ECF No. 30-2 at 2-3).[1] Plaintiff was in pretrial status.

         Plaintiff asserts a denial of medical care claim against Dr. Karas in his personal capacity only. (ECF No. 1 at 7-8). From January 1, 2016, to present, Karas Correctional Health has provided all medical care in the WCDC. (ECF No. 30-1 at 3); (ECF No. 30-9 at 1). Dr. Karas is the jail doctor. (ECF No. 30-9 at 1).

         By affidavit, Dr. Karas states he was not personally involved in Plaintiff's medical care. (ECF No. 30-9 at 1). Instead, Dr. Karas asserts that Plaintiff's care was directed by Nurse Practitioner Kelly Oliver. Id. Dr. Karas opines that the decision "to order additional fiber for [Plaintiff] was medically appropriate and appears to have solved the problem he suffered." Id. at 2.

         Plaintiff testified that for a number of years he has had an issue with intestinal bleeding and his doctor recommended adding fiber to his diet. According to Plaintiff, his doctor told him that he had lesions that ruptured when he had bowel movements. Plaintiff testified that prior to his incarceration, he took three over-the-counter chewable fiber tablets each day.

         Plaintiff testified, during his deposition, that if he failed to have the supplemental fiber for a week to a week-and-a-half, he would have a flare up and the bleeding would start. (ECF No. 30-8 at 9). Within four to five days of taking the fiber supplement, everything returned to normal. (ECF No. 30-8 at 21).

         Plaintiff testified that when he was booked in, he informed the officer that he took multi-vitamins and a fiber supplement due to his intestinal issues. Plaintiff indicated the booking officer advised him to inform the medical staff about the supplements. No notation was made on the medical questionnaire about the supplements. Plaintiff stated that he did not take any prescription medication.

         Plaintiff testified he advised the nurse of his need for fiber and she indicated she would check his records. A "couple" of weeks went by and Plaintiff asked about the fiber supplement again. This time, he was informed that he needed to submit a written request via the kiosk. According to Plaintiff, by the time he got the nurse to put in an order for a fiber supplement for him, he was having bloody bowel movements.

         The records indicate the following:

• 6/24/2016-- Plaintiff submitted a request stating he was lactose intolerant and had irritable bowel syndrome (IBS). Plaintiff indicated any help would be appreciated and he did not know if the doctor could give medicine to help with those conditions. Plaintiff was advised he needed to provide his doctor's information so that his ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.