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Taylor v. Holladay

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

January 8, 2018

JACOB JEROME TAYLOR, ADC #132395 PLAINTIFF
v.
HOLLADAY, et al. DEFENDANTS

          RECOMMENDED DISPOSITION

         I. Procedure for Filing Objections

         This 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 Recommendation.

         If no 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.

         II. Background

         Jacob 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.

         In his 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 at p.3)

         Based 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)

         Defendant 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.

         III. Discussion

         A. Standard

         Summary 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 judgment.

         B. Undisputed Factual History

         On July 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)

         On 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 ...


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