United States District Court, E.D. Arkansas, Pine Bluff Division
OPINION AND ORDER
January 25, 2016, Plaintiff Weslee Allen Muckenfuss
(“Muckenfuss”) filed this pro se '
1983 action alleging that, while he was a pretrial detainee
in the Drew County Detention Center ("DCDC"), he
was denied constitutionally adequate medical care. Doc.
2. Muckenfuss filed three Amended Complaints. Docs. 11,
51 & 66.
the initial screening required by 28 U.S.C. § 1915A(a)
and subsequent preliminary rulings, Muckenfuss was permitted
to proceed with his § 1983 claims against Scotty
Arrington (“Arrington”), Daniel Durham
(“Durham”), Chris Nunn (“Nunn”),
Barbara Parnell (“Parnell”), Susan Potts
(“Potts”), Alma Vincent (“Vincent”),
Veronica Watson (“Watson”), (collectively
“Defendants”), all employees of the
DCDC. All are sued in their individual
capacities. Muckenfuss claims that the Defendants, other than
Potts, unnecessarily delayed providing him with adequate
medical care for injuries he allegedly sustained during an
attack in his cell. His injuries included a broken nose,
broken ribs, and a collapsed lung. He also asserts a
failure-to-train claim against Potts, the jail administrator.
Muckenfuss seeks $300, 000 in damages.
have filed a Motion for Summary Judgment, a Brief in Support,
a Statement of Undisputed Facts, and a Reply. Docs. 113-115;
118. Muckenfuss has filed a Brief in opposition. Doc. 117.
addressing the merits of Defendants' Motion, the Court
will summarize the relevant undisputed facts giving rise to
October 26, 2014, at 11:00 p.m., Muckenfuss, a pretrial
detainee,  was injured while confined in a two-person
cell. (Doc. 53).
approximately 1:00 a.m., two hours after Muckenfuss was
injured, jailers removed him from his cell and took him to
the inmate visitation area for observation. Jail staff
provided Muckenfuss with first aid, including an ice pack and
ibuprofen. (Doc. 53 at p. 2; Doc. 114-3 at p. 4; Doc. 114-6
at ¶ 19-20; Doc. 114-3 at pp. 3-5).
Muckenfuss's visible injuries included a bloody nose, a
swollen face, and bleeding from his left ear. Muckenfuss
complained to jail staff that he thought something was broken
next to his nose, that his ribs were broken, and that he was
having “a hard time breathing.” (Doc. 53 at p.
response to Muckenfuss's complaints, jail staff called
Administrator Potts and an ambulance. (Doc. 114-3 at pp. 5-6;
Doc. 114-6 at ¶ 11-12).
approximately 2:57 a.m., Muckenfuss was examined by
EMT's, who instructed jail staff to keep a “close
watch” on Muckenfuss. However, they did not take
Muckenfuss to the hospital. (Doc. 114-3 at p. 5; Doc. 117 at
Through the rest of the evening and into the next day,
Muckenfuss's nose continued to bleed, and he continued to
complain to jail officials about his injuries. (Doc. 117 at
approximately 12:45 p.m. on October 27, 2014, jail officials
took Muckenfuss to the Mainline Medical Clinic for a medical
appointment that Potts had scheduled for him. Muckenfuss was
examined and x-rays were taken. The nurse practitioner who
initially examined the x-rays advised that she could not see
“anything wrong” but would have someone else
examine the x-rays. She permitted Muckenfuss to return to the
DCDC. (Doc. 114-4 at p. 4; Doc. 114-6 at ¶¶ 13-14).
approximately 3:05 p..m., Muckenfuss returned to the DCDC
from his appointment at the Mainline Medical Clinic. (Doc.
114-4 at p. 4).
At approximately 5:45 p.m., jail officials received a
telephone call from the Mainline Medical Clinic advising that
further review of Muckenfuss's x-rays showed
“something ruptured” and he needed to be taken to
the hospital. At approximately 7:05 p.m., after arranging for
transportation, jail officials took Muckenfuss to the Drew
County Memorial Hospital, where he received further treatment
for his injuries, including a ...