United States District Court, W.D. Arkansas, Fayetteville Division
REPORT AND RECOMMENDATION OF THE MAGISTRATE
ERIN L. WIEDEMANN UNITED STATES MAGISTRATE JUDGE.
a civil rights case filed by the Plaintiff pursuant to 42
U.S.C. § 1983. Plaintiff proceeds pro se and
in forma pauperis.
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.
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
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). Plaintiff was in pretrial status.
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
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.
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.
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
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.
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
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 ...