United States District Court, E.D. Arkansas, Western Division
Procedure for Filing Objections
Recommended Disposition (“Recommendation”) has
been sent to Judge Susan Webber Wright. You may file written
objections to this Recommendation. If you file objections,
they must be specific and must include the factual or legal
basis for your objection. Your objections must be received in
the office of the United States District Court Clerk within
fourteen (14) days of this Recommendation.
objections are filed, Judge Wright can adopt this
Recommendation without independently reviewing the record. By
not objecting, you may also waive any right to appeal
questions of fact.
Beaty, formerly an inmate at the Saline County Detention
Center (“Detention Center”), filed this civil
rights lawsuit without the help of a lawyer. (Docket entry
#2) Mr. Beaty complains that Defendant Limandri was
deliberately indifferent to his mental health needs.
Limandri has now moved for summary judgment. (#25) Mr. Beaty
has not responded to the motion, and the time for doing so
has passed. (#28)
summary judgment, the Court rules in favor of a party before
trial. A party is entitled to summary judgment if the
evidence, viewed in a light most favorable to the party on
the other side of the lawsuit, shows that there is no genuine
dispute about any fact important to the outcome of the case.
Fed.R.Civ.P. 56; Celotex Corp. v. Catrett, 477 U.S.
317, 322-23, 106 S.Ct. 2548 (1986); Anderson v. Liberty
Lobby, Inc., 477 U.S. 242, 246, 106 S.Ct. 2505 (1986).
Undisputed Factual Background
September 15, 2016, Mr. Beaty was booked into the Detention
Center. (#25-1 at p.36) The next day, nurse Angie Fain (not a
party to this lawsuit), noted that Mr. Beaty had both
hydroxyzine and lithium when he arrived at the Detention
Center. (Id. at p.1) Nurse Fain noted that neither
medication was approved for use at the Detention Center.
(Id.) Hydroxyzine is a narcotic and is not permitted
on the jail formulary; and Mr. Beaty's lithium
prescription was to be discontinued two weeks after August
30, 2016. (Id.)
September 18, Mr. Beaty submitted a medical request form
asking to have his medications switched. (Id. at
p.3) Defendant Limandri responded that the request was
“noted.” (Id.) On September 24, Mr.
Beaty again submitted a medical-request form regarding his
medication. (Id. at p.4) Defendant Limandri
responded that she had been authorized to “reorder the
Lithium.” (Id.) The following day, Defendant
Limandri noted that she had discussed this issue with Mr.
Beaty and he had stated that he did not want to pay for the
lithium prescription. (Id. at p.5) Instead, Mr.
Beaty wanted his family to bring lithium, as well as Latuda
(another medication) to him at the Detention Center.
(Id.) On September 26, Defendant Limandri noted that
she had spoken with the jail sergeant and that he had
approved a “free phone” for Mr. Beaty so that he
could contact his family about his medication. (Id.)
September 28, Mr. Beaty submitted another medical-request
form inquiring about his medication. (Id. at p.6) On
September 30, nurse Fain responded to Mr. Beaty and explained
that she had spoken with Mr. Beaty the day before about
arrangements for his family to bring medication to him.
October 3, during sick call, Defendant Limandri noted that
Mr. Beaty stated that he did not have anyone to bring him
medication. (Id. at p.7) Defendant Limandri told Mr.
Beaty that she could get an order for Lithium, but that he
would need to see a medical provider to receive Latuda or
another similar medication. (Id.) On the same date,
Defendant Limandri charted an order from the medical provider
for Lithium for Mr. Beaty. (Id. at p.8) Mr.