United States District Court, E.D. Arkansas, Pine Bluff Division
following Recommended Disposition
(“Recommendation”) has been sent to United States
Chief District Judge Brian S. Miller. Any party may file
written objections to this Recommendation. Objections must be
specific and include the factual or legal basis for
disagreeing with the Recommendation. An objection to a
factual finding must specifically identify the finding of
fact believed to be wrong and describe the evidence that
supports that belief.
original and one copy of the objections must be received in
the office of the United States District Clerk within
fourteen (14) days of this Recommendation. If no objections
are filed, Judge Miller can adopt this Recommendation without
independently reviewing all of the evidence in the record. By
not objecting, you may also waive any right to appeal
questions of fact.
Tyrone Ellis (“Ellis”), proceeding pro
se, contends that while detained in the Arkansas
Department of Correction (“ADC”), he was denied
constitutionally adequate medical care by Defendant Gordon
Davis (“Nurse Davis”), a Licensed Practical Nurse
(“LPN”) with Correct Care Solutions. Docs. 2
& 21. More specifically, Ellis contends that during
a 26-day period between December 24, 2014 and January 19,
2015, Nurse Davis delayed his treatment for stomach issues
caused by his prescribed medication. Ellis sues Nurse Davis
solely in his personal capacity.
seeks $250, 000 in damages, injunctive relief, and a transfer
to the Tucker Max Unit of the ADC.
Davis has filed a Motion for Summary Judgment, a Brief in
Support, a Statement of Undisputed Facts, and a Reply.
Docs. 42-44; 48. Ellis has filed a Brief and an
“Objection” in opposition. Docs.
addressing the merits of Nurse Davis's Motion, the Court
will summarize the relevant undisputed facts giving rise to
December 24, 2014, Ellis was examined by Nurse Davis, the
triage duty nurse in the sick call clinic, in response to his
sick call request complaining of right ear pain and
drainage. During the examination, Ellis also
mentioned that he was suffering from an upset stomach and
loose stools which Ellis believed was caused by a
prescription supplement, alpha lipoic acid. To address
Ellis's complaints of abdominal discomfort, Nurse Davis
referred Ellis to be seen by a doctor or Advanced Practice
Nurse (“APN”). (Ellis Depo., Doc. 43-2 at
15-16; 18-19; Treatment Notes, Doc. 43-1 at p.
2; Davis Aff., Doc. 43-3).
After seeing Ellis on December 24, 2014, Nurse Davis had no
further contact with him regarding his medical care.
After his appointment with Nurse Davis on December 24, 2014,
Ellis submitted two sick call requests to “see the
doctor.” On January 7, 2015, a non-party LPN responded
that Ellis had been referred to see a doctor or APN and was
“on the list to be seen.” (Doc. 43-1 at
January 19, 2015, Ellis was examined by a non-party APN, who
directed Ellis to discontinue the alpha lipoic acid and
ordered Nortriptyline to treat Ellis's complaints of
neuropathy. (Ellis Depo., Doc. 43-2 at 35-36;
Nurse Davis does not know why his December 24, 2014 referral
of Ellis to see an APN or doctor was not acted upon until
January 19, 2015. (Doc. 43-3).
the medical opinion of Dr. Jeffrey Stieve, the Regional
Medical Director for Correct Care Solutions, Ellis's
loose stools and upset stomach were caused by him taking
alpha lipoic acid, a dietary supplement that needed to be
taken with food. According to Dr. Stieve, Ellis's
abdominal discomfort did not rise to the level of a serious
medical need. (Dr. Stieve Aff., Doc. 43-4, at 1-2).
Finally, Dr. Stieve states that the medical care and
treatment Nurse Davis provided to Ellis was appropriate and
satisfactory for Ellis's complaints during the relevant
period of time. (Id.).