United States District Court, E.D. Arkansas, Pine Bluff Division
EDGAR A. BRANDON ADC #611280, PLAINTIFF
W.C. "DUB" BRASSELL DETENTION CENTER; et al., DEFENDANTS
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE UNITED STATES MAGISTRATE JUDGE
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.
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
1. Why the record made before the Magistrate Judge is
2. Why the evidence proffered at the hearing (if such a
hearing is granted) was not offered at the hearing before the
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.
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
A. Brandon (“Plaintiff”) brings this action
pro se and under 42 U.S.C. § 1983. (Doc. No.
2.) The only remaining claim in this matter is that
Defendants Smith,  Brown,  Rose and Canada-Johnson,  medical staff at
the W.C. “Dub” Brassell Adult Detention Center,
failed to treat Plaintiff's injuries after he was in an
altercation with guards. (Id. at 5.)
before the Court is Defendants' Motion for Partial
Summary Judgment. (Doc. No. 26.) After filing this Motion,
the remaining excessive force claims were settled (Doc. Nos.
30-31), so the Motion for Partial Summary Judgment is
dispositive of Plaintiff's cause of action.
say they are entitled to qualified immunity and contend they
were not deliberately indifferent to Plaintiff's serious
medical needs. (Doc. Nos. 26-28.) Plaintiff has not responded
and the time for doing so has passed. Therefore, this matter
is ripe for a decision.
careful review and for the following reasons, I find
Defendants' Motion for Partial Summary Judgment should be
GRANTED. Plaintiff's claims fail to rise to the level of
deliberate indifference and this matter should be dismissed.
SUMMARY JUDGMENT STANDARD
Rule 56 of the Federal Rules of Civil Procedure, summary
judgment is proper “if the movant shows that there is
no genuine dispute as to any material fact and the movant is
entitled to judgment as a matter of law.” Fed.R.Civ.P.
56(a). A party asserting that a fact cannot be or is
genuinely disputed must support the assertion by citing to
particular parts of materials in the record, “including
depositions, documents, electronically stored information,
affidavits or declarations, stipulations (including those
made for purposes of the motion only), admissions,
interrogatory answers, or other materials[.]”
ruling on a motion for summary judgment, the court must view
the evidence in a light most favorable to the nonmoving
party. Naucke v. City of Park Hills, 284 F.3d 923,
927 (8th Cir. 2002). The nonmoving party may not rely on
allegations or denials, but must demonstrate the existence of
specific facts that create a genuine issue for trial.
Mann v. Yarnell, 497 F.3d 822, 825 (8th Cir. 2007).
The nonmoving party's allegations must be supported by
sufficient probative evidence that would permit a finding in
his favor on more than mere speculation, conjecture, or
fantasy. Id. (citations omitted). A dispute is
genuine if the evidence is such that it could cause a
reasonable jury to return a verdict for either party; a fact
is material if its resolution affects the outcome of the
case. Othman v. City of Country Club Hills, ...