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Beaty v. Limandri

United States District Court, E.D. Arkansas, Western Division

December 6, 2017

CHRISTOPHER ALAN BEATY PLAINTIFF
v.
BRIANN LIMANDRI DEFENDANT

          RECOMMENDED DISPOSITION

         I. Procedure for Filing Objections

         This 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.

         If no 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.

         II. Background

         Chris 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.

         Defendant 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)

         III. Discussion

         A. Standard

         In a 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).

         B. Undisputed Factual Background

         On 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.)

         On 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.)

         On 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. (Id.)

         On 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. Beaty's ...


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