United States District Court, E.D. Arkansas, Western Division
CLIFFORD S. YARBERRY PLAINTIFF
TONYA PARKER, et al. DEFENDANTS
Procedure for Filing Objections
Recommended Disposition (“Recommendation”) has
been sent to Judge J. Leon Holmes. Any party may file written
objections to this Recommendation. Objections must be
specific and must include the factual or legal basis for the
objection. To be considered, objections must be received in
the office of the Court Clerk within 14 days of this
objections are filed, Judge Holmes can adopt this
Recommendation without independently reviewing the record. By
not objecting, parties may also waive any right to appeal
questions of fact.
S. Yarberry, formerly an inmate at the Saline County
Detention Facility (“Detention Facility”), filed
this lawsuit complaining of inadequate medical treatment.
(Docket entry #2) Mr. Yarberry originally named Tonya Parker,
Briann Li Mandri, Linda McCraw, Turn Key, and an unknown
nurse at the Detention Facility as Defendants.
Court previously dismissed Mr. Yarberry's claims against
Turn Key, as well as the unknown Doe defendant. (#13, #21)
The remaining Defendants have now moved for summary judgment
on Mr. Yarberry's claims against them. (#33, #37)
Although Mr. Yarberry has notified the Court of his change of
address (#42), he has not responded to the Defendants'
motions, and the time for doing so has passed. (#41) The
motions are now ripe for decision.
Summary Judgment Standard
summary judgment, the Court rules in favor of a party before
trial. A party is entitled to summary judgment if the
evidence, viewed in a light most favorable to the party on
the other side of the lawsuit, shows that there is no genuine
dispute about any fact important to the outcome of the case.
Fed.R.Civ.P. 56; Celotex Corp. v. Catrett, 477 U.S.
317, 322-23 (1986); Anderson v. Liberty Lobby, Inc.,
477 U.S. 242, 246 (1986).
Undisputed Factual Background
December 18, 2016, Mr. Yarberry was booked into the Detention
Center. (#40 at p.1) On December 23, he filed a grievance
complaining about his need for medical attention for back
pain. He also complained about his inability to utilize the
Detention Center's kiosk system. (#38-1 at p.5)
Parker responded to Mr. Yarberry's grievance by
explaining that he would need to have a deputy escort him to
the front of the Detention Center to complete “voice
recognition” to be able to use the kiosk system.
(Id.) She also told Mr. Yarberry that he should file
a sick-call request for any pain that he was experiencing.
December 26, Mr. Yarberry filed a medical-request form
complaining of back pain as a result of three previous
surgeries; he also stated that he needed pain medication.
(#38-2 at p.6) The following day, Defendant Li Mandri
responded to Mr. Yarberry's request informing him that he
had been scheduled for the next sick call, but that the
appointment was cancelled, “due to staffing
December 30, 2016, Mr. Yarberry submitted another
medical-request form, again complaining of back pain. (#40 at
p.3; #38-2 at p.8) Two days later, Defendant Li Mandri
examined Mr. Yarberry and noted that he was “able to
bend side to side, ” had a “normal gait, ”
and was “able to bend posteriorly.” (#40 at p.4;
#38-2 at p.7) Defendant Li Mandri also noted that Mr.
Yarberry was complaining of constant dull pain in his back
and that he was “tender to touch” in his lower
back. (Id.) Defendant Li Mandri approved 400
milligrams of Ibuprofen to be administered ...