United States District Court, E.D. Arkansas, Pine Bluff Division
following Recommended Disposition
(“Recommendation”) has been sent to United States
District Judge James M. Moody, Jr. Any party may file written
objections to this Recommendation. Objections must be
specific and include the factual or legal basis for
disagreeing with the Recommendation. An objection to a
factual finding must specifically identify the finding of
fact believed to be wrong and describe the evidence that
supports that belief.
original and one copy of the objections must be received in
the office of the United States District Clerk within
fourteen (14) days of this Recommendation. If no objections
are filed, Judge Moody can adopt this Recommendation without
independently reviewing all of the evidence in the record. By
not objecting, you may also waive any right to appeal
questions of fact.
August 3, 2016, Plaintiff Ladeitric Hampton
(“Hampton”) filed this pro se ' 1983
action alleging that, while he was a pretrial detainee in the
Sheridan Detention Center ("SDC"), he was denied
constitutionally adequate medical care. Doc. 2.
Hampton amended his Complaint on August 17, 2016. Doc.
3. On September 26, 2016, at the Court's direction,
he filed a Second Amended Complaint. Docs. 5 &
the initial screening required by 28 U.S.C. § 1915A(a),
Hampton was permitted to proceed with his § 1983 claim
that Jail Administrator Shane Green (“Green”) and
Assistant Jail Administrator Melanie Bryant
(“Bryant”) denied him constitutionally adequate
medical care for stomach pains and rectal
bleeding. Docs. 8 & 10. Hampton seeks
an award of damages for pain and suffering and medical
and Bryant have filed a Motion for Summary Judgment, a Brief
in Support, and a Statement of Undisputed Facts. Docs.
21-23. Hampton has filed a Response. Doc. 27.
addressing the merits of Defendants' Motion, the Court
will summarize the relevant undisputed facts giving rise to
July 26, 2015 at 5:00 a.m., Hampton, a pretrial detainee,
complained to jail officials that he was
experiencing stomach pains and bloody stools. In response,
Bryant scheduled an appointment for him at a nearby medical
clinic. Hampton was also given ibuprofen for his pain, which
allowed him to sleep. Doc. 2 at p. 1-2; Doc. 7
at p. 1; Doc. 22-4 at Â¶ 11, Affidavit of M.
next morning, July 27, 2015, Hampton woke up and observed
blood “everywhere” after he used the bathroom. He
complained to a guard named Randy, who responded by calling
an ambulance and notifying Bryant. The paramedics who arrived
wanted to take Hampton to the hospital immediately, but
Bryant declined, pointing out that Hampton already had an
appointment at a medical clinic later that same day. Doc.
2 at p. 2; Doc. 27 at p. 3.
the afternoon of July 27, 2015, Hampton was taken to the
Winston Clinic for a 3:45 p.m. appointment. Hampton told the
medical provider who treated him that he had been
experiencing rectal bleeding for two days and that it was
getting worse. The medical provider, citing Hampton's
“GI bleeding, ” directed him to go to the
hospital emergency room. Doc. 22-2 (Winston Clinic
Office Visit Record); Doc. 22-4 at ¶¶ 12-14
(Affidavit of M. Bryant); Doc. 7 at p. 2.
Hampton was taken from the Winston Clinic to the Baptist
Health Medical Center - Hot Spring County. He was admitted
and released the next day, July 28, 2015. Hampton was
diagnosed with colitis, nausea, hematochezia, and lower
quadrant abdominal pain. He was provided with medications and
directed to follow up with his family practice physician.
Doc. 22-2 (Winston Clinic Office Visit Record);
Doc. 22-4 at Â¶Â¶14-15 (Affidavit of M. Bryant);
Doc. 7 at p. 2.
and Bryant argue that they are entitled to summary judgment
on the inadequate medical care claim Hampton has asserted
against him. The Court agrees.
proceed to trial on his inadequate medical care claims,
Hampton must have evidence demonstrating that: (1) he had an
objectively serious need for medical care to treat his
stomach pain and rectal bleeding; and (2) Green or Bryant
subjectively knew of, but deliberately disregarded, that
serious medical need by delaying his medical treatment.
See Saylor v. Nebraska,812 F.3d 637, 644 (8th Cir.
2016); Langford v. Norris,614 F.3d 445, 460 (8th
Cir. 2010). Deliberate indifference, which goes well beyond
negligence or gross negligence, “requires proof of a
reckless disregard of the known risk.” Moore v.
Duffy, 255 F.3d 543, 545 (8th Cir. 2001). In other