United States District Court, E.D. Arkansas, Eastern Division
FINDINGS AND RECOMMENDATION
following proposed Findings and Recommendation have been sent
to United States District Judge J. Leon Holmes. 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 fact.
Kendrick Wiley filed a complaint pursuant to 42 U.S.C. §
1983 on March 8, 2017, alleging that Defendants were
deliberately indifferent to his medical needs while he was
jailed in the Monroe County Detention Center in February
2017. Doc. No. 2. Defendants filed a motion for summary
judgment, a brief in support, and a statement of facts
claiming that Wiley had not exhausted claims against them
before he filed this lawsuit (Doc. Nos. 14-16). Wiley did not
file a response to the Defendants' motion. Because Wiley
failed to controvert the facts set forth in Defendants'
statement of undisputed facts, Doc. No. 16, 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).
Wiley did not file a grievance complaining about the matters
alleged in this lawsuit. Doc. No. 2 at 3.
Monroe County Detention Center had a grievance process in
place in 2017 for inmates to raise concerns about alleged
constitutional violations, including, but not limited to, not
receiving appropriate medical treatment. See Doc.
No. 16-1 & 16-3.
Before he filed this lawsuit in 2017, Wiley submitted
grievances in 2016 concerning medical issues unrelated to his
Wiley was familiar with the Monroe County Detention Center
grievance process when he filed this lawsuit in 2017.
See Doc. No. 16-1 & 16-2.
Wiley is no longer incarcerated at the Monroe County
Detention Center. See Doc. No. 16-1.
Wiley has provided no evidence to substantiate his claim that
detention center staff deterred him, or any other detainees,
from submitting grievances while ...