United States District Court, E.D. Arkansas, Jonesboro Division
Procedure for Filing Objections
Recommended Disposition (“Recommendation”) has
been sent to Judge D.P. Marshall Jr. Any party may file
written objections to this Recommendation. Objections should
be specific and should 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 Marshall can adopt this
Recommendation without independently reviewing the record. By
not objecting, parties may also waive any right to appeal
questions of fact.
Barbara Hill, filed this lawsuit without the help of a lawyer
under 42 U.S.C. § 1983. She claims that Defendant Kimble
used excessive force against her and that Defendant Cox was
deliberately indifferent to her medical needs, all while she
was held at the Poinsett County Detention Center
(“Detention Center”). (Docket entries #2, #5)
Cox has filed a motion for summary judgment contending that
the undisputed facts demonstrate that she was not
deliberately indifferent to Ms. Hill's medical needs.
(#35) Defendant Kimble has also filed a motion for summary
judgment. He contends that undisputed facts demonstrate that
he did not use reasonable force in arresting Ms. Hill. (#40)
Ms. Hill did not respond to either motion, and the time for
doing so has passed. The motions are ripe for review.
judgment means that the court rules in favor of a party
without the need for a trial. A party is entitled to summary
judgment if the evidence, viewed in the light most favorable
to the party on the other side of the lawsuit, shows that
there is no genuine dispute as to any fact that is important
to the outcome of the case. Fed.R.Civ.P. 56; Celotex
Corp. v. Catrett, 477 U.S. 317, 322B23, 106 S.Ct. 2548
(1986); Anderson v. Liberty Lobby, Inc., 477 U.S.
242, 246, 106 S.Ct. 2505 (1986).
the Defendants' motions are supported by admissible
evidence that, if undisputed, shows there are no genuinely
disputed facts important enough to make a difference in how
the case is decided. To avoid summary judgment, Ms. Hill was
obligated to come forward with evidence to show that
important facts remain in dispute.
Hill has not submitted any evidence to contradict the sworn
statement Defendant Kimble submitted in support of his motion
for summary judgment. In his statement, Defendant Kimble
stated the following facts: On Tuesday, January 24, 2017, Ms.
Hill called the Harrisburg Police Department to report that
her boyfriend, Ronnie Raby, was attempting to commit suicide
by stabbing himself. Defendant Kimble responded to the call.
(#42-1) Upon arrival, Defendant Kimble found Ms. Hill sitting
on the floor of her apartment doorway. (#42-1) He summoned
Mr. Raby from another room and asked where the knife was.
(#42-1) Mr. Raby denied having a knife or that he tried to
hurt himself. He told Defendant Kimble that Ms. Hill was
responsible for the bleeding wound in his upper abdomen.
Holmes (not a named Defendant) arrived to assist Defendant
Kimble and attended to Mr. Raby's apparent stab wounds
while Defendant Kimble tried to locate the knife. (#42-1) Ms.
Hill directed Defendant Kimble to a knife drawer in the
kitchen, where Defendant Kimble found a wet knife atop other
Raby was air-lifted to a hospital to treat the stab wound
that Defendant Kimble had observed. Deputy Holmes reported to
Defendant Kimble that Mr. Raby had also suffered other
injuries, including “several other lacerations to his
arms and legs, had another smaller stab wound on the lower
stomach below his stomach fat, ” and “what
appeared to be a bite mark on the rear of his neck that was
slightly bleeding, another bite mark on his left arm, and a
fresh bloody bite mark to his testicals [sic].” (#42-1,
Hill denied stabbing Mr. Raby and also denied washing the
knife and placing it in the knife drawer. She did admit that
she and Mr. Raby had been embroiled in a physical
altercation. Ms. Hill had dried blood on her hands, which she
attributed to cuts from Mr. Raby's fingernails during the
fight. (#42-1) Ms. Hill ...