United States District Court, E.D. Arkansas, Western Division
JARED M. QUEEN #1017403 PLAINTIFF
JOHN RANDALL DEFENDANT
PROPOSED 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
Jared M. Queen, a former inmate at the Faulkner County
Detention Center (“FCDC”), filed this pro
se civil rights complaint against Defendant Major John
Randall in both his individual and official capacities.
See Doc. No. 1. Queen seeks $2.5 million in damages
for Randall's alleged violation of his constitutional
rights. Id. Specifically, Queen alleges that FCDC
staff failed to protect him from an attack by other inmates
which resulted in a broken jaw. Id. at 3. Queen
further alleges that after his broken jaw was wired shut,
jail staff did not provide him with an adequate diet.
the Court are Defendant Randall's motion for summary
judgment, supporting brief, and statement of undisputed
material facts (Doc. Nos. 22-24) as well as Queen's
Response (Doc. No. 26). Randall's statement of facts, and
the other pleadings and exhibits in the record, establish
that the material facts are not in dispute and that Randall
is entitled to judgment as a matter of law.
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).
Facts Submitted by Randall
was received into custody by the FCDC on June 16, 2016. Doc.
No. 24-1 at 1, 3. On August 6, 2016, Queen was allegedly
attacked by multiple other detainees. Id. at 1, 5.
Randall had no knowledge of Queen's alleged attack.
Id. at 1. Randall is not medical staff or medically
trained personnel. He does not make medical decisions for the
inmates but follows the orders given by the doctor and
medical staff at the FCDC. Id. Queen was taken to
Conway Regional Health System following the August 2016
altercation. Id. at 1, 7, 10. At the time,
Queen's jaw was not wired shut, and he was instructed to
eat soft foods. Id. at 1, 7-10. On August 7, 2016,
Nurse Monte Munyan ordered that Queen receive a chopped diet.
Id. at 1, 12. On August 11, 2016, Dr. Garry Stewart,
the jail doctor, ordered a chopped diet for Queen.
Id. at 1, 23. On August 12, 2016, the medical staff
instructed jailers to inspect all food trays to ensure the
kitchen staff had adequately chopped Queen's food.
Id. at 1, 13. Queen had jaw surgery on September 2,
2016, at which point his jaw was wired shut. Id. at
1, 11. The post-surgery instructions provided that all foods
should be blended with liquids. Id. at 1, 9.
Queen requested Ensure® nutrition drinks
(“Ensure”) several times following his surgery,
Ensure was never prescribed by a medical professional.
Id. at 2, 28. Queen filed a medical request on
September 13, 2016, admitting that the jail was giving him
“liquid” food to eat and that they were putting
the food in the blender to give to him; Queen stated that he
did not like the blended food and it made him throw up.
Id. at 2, 32. It was noticed on September 13, 2016,
that Queen had removed the wires from his jaw; the nurse
ordered that a blended diet continue. Id. at 2, 20.
On September 14, 2016, Queen filed a grievance stating he was
on a hunger strike. Id. at 2, 28. Again, on
September 19, 2016, Queen filed a grievance stating that he
could not eat the “blended up” food provided by
the jail. Id. Randall did not make the decision on
what food to provide Queen following his surgery but instead
followed the orders provided to him by the medical staff.
Id. at 2.
does not dispute the facts submitted by Randall but adds to
them. He points out that while medical department notes say
he was to continue a blended diet on September 13, 2016 (Doc.
No. 24-1 at 26), notes dated September 27, 2016, say he was
to continue on a “pureed” diet (Doc. No. 24-1 at
19). Queen further points out that he had been asking to be
put on a vegetarian or vegan diet for some time prior to the
August 2016 incident that resulted in his broken jaw. He
states that he complained of having all his food blended
together, and maintains that he could not eat what was given
to him. None of the facts submitted by Queen dispute the
facts submitted by Randall, and ...