United States District Court, E.D. Arkansas, Jonesboro Division
following Recommended Disposition
("Recommendation") has been sent to United States
Chief District Judge J. Leon Holmes. Any party may file
written objections to this Recommendation. Objections must be
specific and include the factual or legal basis for
disagreeing with the Recommendation. An objection to a
factual finding must specifically identify the finding of
fact believed to be wrong and describe the evidence that
supports that belief.
original and one copy of the objections must be received in
the office of the United States District Clerk within
fourteen (14) days of this Recommendation. If no objections
are filed, Judge Holmes can adopt this Recommendation without
independently reviewing all of the evidence in the record. By
not objecting, you may also waive any right to appeal
questions of fact.
Gary Callies ("Callies"), proceeding pro
se, contends that while detained in the Crittenden
County Detention Center (“CCDC”),  he was denied
constitutionally adequate medical care for injury to his left
(Doc. 19). Callies has sued: (1) Sgt. Milow, a
Sergeant at the CCDC (“Sgt. Milow”); (2) Ronnie
Coleman, the jail administrator (“Administrator
Coleman”); and (3) Mandy Childress, a nurse hired by
Crittenden County to provide medical services to detainees
(“Nurse Childress”). All Defendants are sued in
their individual capacities. Callies seeks compensatory
damages for a permanent eye injury.
have filed a Motion for Summary Judgment, a Brief in Support,
and a Statement of Undisputed Facts. (Docs. 36-38;
48). Callies has filed a Response in opposition.
addressing the merits of Defendants' Motion, the Court
will summarize the relevant undisputed facts giving rise to
all times relevant to Callies's claims, Administrator
Coleman and Sgt. Milow were not medical professionals, and
did not have any specific medical training to assist them in
evaluating Callies's medical complaints. Similarly,
neither of them provided non-emergency medical treatment to
CCDC detainees. (Doc. 38-1 at ¶ 8).
Nurse Childress's nursing duties included evaluating and
treating detention center detainees for medical issues.
(Doc. 38-3 at ¶ 2).
July and August of 2016, the relevant time period, the
CCDC's policies and practices required prisoners and
pre-trial detainees to submit written requests for medical
treatment and file written complaints if they were
dissatisfied with their medical care. All written medical
requests were submitted by CCDC jail staff to the CCDC
medical staff for review, response and action. The written
medical request would then be filed in the “jail
file” of the prisoner or pretrial detainee. (Doc.
38-1 at ¶ 6).
Callies entered the CCDC or about May 17, 2016, and remained
there through August 28, 2016. On July 22, 2016, he was
working as a “Trustee” at a West Memphis park.
While using a weed-eater, he struck a hill of fire ants,
which “were flung all over” him. This caused him
to knock his safety googles off. The still-running weed-eater
then threw a rock that hit Callies in his left eye. (Doc.
19 at 6; Doc. 42 at ¶¶ 5-8).
he returned from his work assignment, Callies informed Sgt.
Milow of his eye injury and the ant bites. Sgt. Milow
provided ointment for the fire ant bites but did not provide
any medical treatment for Callies' eye injury. (Doc.
42 at p. 3).
July 27, 2016, five days after the alleged eye injury
occurred, Callies submitted a medical request form to Nurse
Childress which stated the following:
We spoke briefly on this yesterday. I am experiencing
trouble with a lot of pressure in my left eye that hurts and
can not see out of it. I need glasses to see [. . .] but a
[pair] of reading glasses will do! Thank you!
(Def.'s Exh. A-1, Doc. 38-2 at 9).
Later on July 27, 2016, another CCDC employee, who is not
named in this action, wrote the following on the bottom of
Callies' request for medical attention:
Ptn states he was having pain in eye for extended period.
Appt [with] Dr. Bryant 8-2-16. Ptn denies specific injury to
(Def.'s Exh. A-1, Doc. 38-2 at 9; Affidavit of
M. Childress, Doc. 38-3 at ¶ 3).
August 2, 2016, Callies was examined by Dr. G. Edward Bryant,
an ophthalmologist in West Memphis, Arkansas. Dr. Bryant