United States District Court, E.D. Arkansas, Western Division
Procedure for Filing Objections
Recommended Disposition (“Recommendation”) has
been sent to Judge Billy Roy Wilson. Any party may file
written objections to this Recommendation. If objections are
filed, they must be specific and must include the factual or
legal basis for the objection. Objections must be received in
the office of the Court Clerk within 14 days of this
objections are filed, Judge Wilson can adopt this
Recommendation without independently reviewing the record. By
not objecting, parties may waive any right to appeal
questions of fact.
Jerome Tayler is currently an Arkansas Department of
Correction inmate. In this civil rights lawsuit, he complains
that his life was in danger while he was held at the Pulaski
County Detention Facility (“Detention Facility”).
After he filed his complaint, Mr. Taylor filed an
“affidavit, ” which the Court deemed a supplement
to his complaint.
original complaint and the supplement, Mr. Taylor alleged
that in October of 2014, Defendants Robinson and Moore
threatened to hurt or kill him. He also complained that, on
the same day, Defendant Moore ignored him when he told her
that he was “about to have a seizure attack.” (#5
on these allegations, the Court allowed Mr. Taylor to proceed
on failure-to-protect claims against Defendants Robinson and
Moore and a deliberate-indifference claim against Defendant
Moore for failing to provide him adequate medical attention.
The Court dismissed Mr. Taylor's remaining claims. (#12)
Later, the Court dismissed claims against Defendant Moore
based on Mr. Taylor's failure to exhaust his
administrative remedies against this Defendant. (#46)
Robinson has now moved for summary judgment on Mr.
Taylor's claim against her. (#84) Although Mr. Taylor has
not responded to Defendant Robinson's motion, Mr. Taylor
has filed a motion for partial summary judgment, a motion for
order, and a motion for a temporary restraining order. (#70,
#91, #92) The Court will consider these papers in assessing
Defendant Robinson's motion for summary judgment.
judgment is appropriate when the evidence, viewed in the
light most favorable to the nonmoving party, shows that there
is no real dispute about the facts that are 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
(1986). As moving party here, Defendant Robinson bears the
burden of producing admissible evidence showing that there is
no real dispute. If she offers such evidence, Mr. Taylor is
obligated to meet evidence with evidence to avoid summary
Undisputed Factual History
31, 2014, Mr. Taylor was booked into the Detention Facility.
(#85-1 at p.6) On August 12, 2014, he told Lieutenant Bennet
that he needed to be placed in protective custody because
several inmates in his unit were threatening him.
(Id. at p.9) As a result, Mr. Taylor was moved to
T-Unit for his protection. (Id.) The following day,
he appeared before the classification board and was placed in
protective custody. (Id. at p.10) On August 21,
August 27, and September 4, the classification board
determined that Mr. Taylor should remain in protective
custody. (Id. at p.11)
September 8, Mr. Taylor told Deputy McDonald that he wanted
inmates Paul Goston and Archie Jones added to his “keep
separate list, ” based on comments made to Mr. Taylor.
Deputy McDonald told Mr. Taylor that his ...