United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDATIONS
VOLPE UNITED STATES MAGISTRATE JUDGE.
following recommended disposition has been sent to United
States District Judge D.P. Marshall Jr. 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 72201-3325
Doering (“Plaintiff”), formerly incarcerated at
the Varner Unit of the Arkansas Department of Correction
(“ADC”) and now incarcerated at the Cummins Unit,
filed this action pro se and pursuant to 42 U.S.C.
§ 1983. (Doc. No. 2.) He alleges Defendants have been
deliberately indifferent to his serious medical needs,
specifically by (1) depriving him of his HIV and blood
pressure medications; (2) refusing him drug therapy for
hepatitis C; and (3) refusing to renew a “no
stairs” prescription. (Id. at 4-5.) Plaintiff
seeks monetary damages as well as injunctive relief -
specifically, immediate hepatitis C treatment and
“steps put into place” to prevent missed
medications. (Id. at 6.)
Wendy Kelley and Rory Griffin (“the ADC
Defendants”), as well as Defendants Correct Care
Solutions, Jason Kelley, Stuckey,  Powell,  and Heather Allen
(“the Medical Defendants”), have filed separate
Motions for Summary Judgment, contending they are entitled to
judgment as a matter of law on Plaintiff's claims. (Doc.
Nos. 59-61, 62-64.) Plaintiff has not responded, and these
matters are now ripe for a decision. After careful review,
and for the following reasons, I find both Motions for
Summary Judgment should be granted and Plaintiff's claims
should be dismissed.
has been diagnosed with HIV, hepatitis C, and high blood
pressure. (Doc. Nos. 2 at 4, 63 at 3-4.) He is seen regularly
in the chronic care clinic for all three issues. (Doc. No. 63
at 4.) He takes three medications for HIV and also takes a
blood pressure medication. (Id. at 3-4.) According
to the Medical Defendants, Plaintiff's relevant lab
values have been below the treatment threshold for hepatitis
C, which means he is followed in the chronic care clinic but
does not qualify for drug therapy. (Id. at 2.)
Plaintiff alleges he is entitled to receive a specific drug
with a ninety-eight percent “cure rate” but has
been denied this treatment because of its expense. (Doc. No.
2 at 4.) He claims he is suffering irreversible liver damage
due to the failure to treat his hepatitis C. (Id.)
to Plaintiff's Complaint, he was deprived of his HIV
medications and blood pressure medication “for 4 or 5
months in a row for long periods of time.”
(Id.) Although he does not provide exact dates of
his missed medications, his claims have previously been
limited to those raised in three exhausted grievances: (1) on
August 25, 2016, he grieved he had been out of his blood
pressure medication for eight days; (2) on October 22, 2016,
he grieved he had been denied his “life saving”
medication and his blood pressure medication for a week; and
(3) on November 22, 2016, he grieved he had again gone over a
week without his blood pressure medication and his
“life saving Sustiva and other medication.” (Doc.
No. 43-3 at 8, 12, 18.) Plaintiff alleges the missed
medications caused stress, chest pains, nausea, ...