United States District Court, E.D. Arkansas, Jonesboro Division
FINDINGS AND RECOMMENDATION
following proposed Findings and Recommendation have been sent
to United States District Judge James M. Moody Jr. 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
Harold Shawgnessy Sims (“Sims”), an inmate at the
Craighead County Detention Facility, filed a complaint
pursuant to 42 U.S.C. § 1983 on April 11, 2016. He
alleges that he was the victim of sexual abuse by Felecia
King, an individual employed by Tiger Commissary as a cook in
the Craighead County Detention Center's kitchen
(“Felicia King”), and an older woman named King,
another individual employed by Tiger Commissary as the
manager of the Craighead County Detention Center's
kitchen (“Mrs. King”). See Doc. 2 at 4.
Sims also alleges that Defendant Matthew Hall
(“Hall”) allowed the abuse to happen and did not
intervene and protect Sims. Id.
filed a motion for summary judgment, a brief in support, and
a statement of facts claiming that Sims had not exhausted
claims against him before he filed this lawsuit (Doc. Nos.
60-62). Mrs. King appears to have been served (see
Doc. No. 39), but has not answered Sims' complaint.
Felicia King moved to adopt Hall's motion for summary
judgment and related pleadings, and her motion was granted.
See Doc. No. 68. Sims filed a response to Hall's
statement of facts. Doc. No. 69. Hall's statement of
facts, and the other pleadings and exhibits in the record,
establish that the material facts are not in dispute and that
the defendants are entitled to summary judgment as a matter
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).
support of their motion for summary judgment and statement of
facts, Hall submitted an affidavit by Keith Bowers (Doc. No.
62-1); a copy of the Craighead County Detention Center's
Detainee Rules (Doc. No. 62-2); a copy of requests and
grievances from Sims' jail file (Doc. No. 62-3); and a
copy of Craighead County Detention Center's Grievance
Procedure (Doc. No. 62-4). Although Sims filed a response to
Hall's statement of facts (Doc. No. 69), he does not
directly address the facts submitted by Hall but instead
discusses at length other issues such as his arrest and the
validity of charges filed against him. Sims indicates that
the affidavit of Keith Bowers is a perjury, and that Bowers
may not have found all the grievances filed by Sims. Doc. No.
69 at 10. Because Sims' response is so unclear and
because he does not specifically identify or describe any
grievances filed by him regarding the subject of this
lawsuit, Hall's statement of undisputed facts (listed
below) are deemed admitted in accordance with Local Rule
was booked into the Craighead County Detention Center
(“detention center”) on or about August 3, 2015,
and he was released to the custody of the Arkansas Department
of Corrections on February 4, 2016. Doc. No. 62-1.
was informed during the book-in process at the detention
center that he could submit written grievances to address,
among other things, detention center issues. Doc. Nos. 62-1
Craighead County Detention Center had a grievance process in
place in 2015 and 2016 in which inmates could raise concerns
about alleged constitutional violations, including, but not