Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Radford v. Brooks

United States District Court, E.D. Arkansas, Pine Bluff Division

January 17, 2018

TOMMY RADFORD ADC #89900 PLAINTIFF
v.
VIVIAN BROOKS, LPN, Tucker Maximum Security Unit; et al. DEFENDANTS

          PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS

          JOE J. VOLPE UNITED STATES MAGISTRATE JUDGE

         The following recommended disposition has been sent to United States District Judge Billy Roy Wilson. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Court Clerk no later than fourteen (14) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact.

         If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the District Judge, you must, at the same time that you file your written objections, include the following:

1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence proffered at the hearing (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The details of any testimony desired to be introduced at the new hearing in the form of an offer of proof, and a copy, or the original, of any documentary or other non-testimonial evidence desired to be introduced at the new hearing.

         From this submission, the District Judge will determine the necessity for an additional evidentiary hearing. Mail your objections and “Statement of Necessity” to:

Clerk, United States District Court
Eastern District of Arkansas
600 West Capitol Avenue, Suite A149
Little Rock, AR 72201-3325

         DISPOSITION

         I. INTRODUCTION

         Tommy Radford (“Plaintiff”), an inmate at the Maximum Security Unit of the Arkansas Department of Correction (“ADC”), filed this action pro se and pursuant to 42 U.S.C. § 1983. (Doc. Nos. 2, 27.) He alleges Defendants have been deliberately indifferent to his serious medical need, specifically by intentionally withholding his prescribed blood pressure medication and monitoring.[1] (Doc. No. 27 at 7-8.) Plaintiff seeks compensatory and punitive damages. (Doc. Nos. 2 at 9-10, 27 at 10.)

         The remaining Defendants[2] are Vivian Brooks, Erica Johnson, Cyndella Wooten, Shana Whitmore, Sail, [3] and Mosely.[4] They have filed a Motion for Summary Judgment, contending they are entitled to judgment as a matter of law on Plaintiff's claims. (Doc. No. 62.) Plaintiff has not responded, and the time for doing so has passed. After careful review, and for the following reasons, I find summary judgment is appropriate and Plaintiff's claims should be DISMISSED.

         II. FACTS

         According to Plaintiff's Amended Complaint, Defendants, who are all nurses at the Maximum Security Unit, denied him prescribed blood pressure medication and monitoring beginning in October 2016 and continuing through January 2017. (Doc. No. 27 at 7-8.) Plaintiff's Amended Complaint does not specify exactly how many doses and blood pressure checks he was denied, or when these denials occurred, but his claims have previously ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.