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Stacy v. Stewart

United States District Court, E.D. Arkansas, Western Division

June 27, 2018

MICHAEL STACY PLAINTIFF
v.
GARRY STEWART, et al. DEFENDANTS

          RECOMMENDED DISPOSITION

         I. Procedures for Filing Objections

         This Recommended Disposition (“Recommendation”) has been sent to Judge Billy Roy Wilson. 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.

         If no objections are filed, Judge Wilson can adopt this Recommendation without independently reviewing the record. By not objecting, parties may also waive the right to appeal questions of fact.

         II. Discussion

         A. Background

         Plaintiff Michael Stacy filed this civil rights lawsuit on September 7, 2017, without the help of a lawyer. (Docket entry #2) In his complaint, Mr. Stacy claims that the Defendants were deliberately indifferent to his serious medical needs while he was detained at the Faulkner County Detention Center (“Detention Center”). Specifically, he complains that he received inadequate medical care for kidney stones.[1] Defendants Stewart, Munyan, Ryals, and Andrews[2] have moved for summary judgment. (#33) Mr. Stacy has responded to the motion (#38), and it is ripe for review.

         B. Standard

         In a summary judgment, the court rules in favor of a party before trial. A moving party is entitled to summary judgment if the evidence shows that there is no genuine dispute about 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). On the other hand, if there is admissible evidence showing that critical facts are in dispute, the case cannot be decided without a trial. In reviewing a motion for summary judgment, the Court will view the facts in a light favorable to Mr. Stacy, unless that is, his version of the facts could not be believed by a reasonable juror. O'Neil v. City of Iowa City, Iowa, 496 F.3d 915, 917 (8th Cir. 2007).

         C. The Facts

         Mr. Stacy was arrested on October 4, 2016, and detained at the Detention Center until November 7, 2017. (#35-1, p.1) In his complaint, Mr. Stacy claims that the Defendants failed to provide him with adequate care for kidney stones. (#2) Mr. Stacy has a history of kidney stones. (#35-2, p. 18 & 303)

         On Monday, August 28, 2017, Mr. Stacy filed two separate grievances explaining that he had passed a kidney stone over the weekend, was in considerable pain, and was passing blood in his urine. (#35, p. 180-181) He asked to be taken to the emergency room to get a CT scan and pain medication. (#35, p. 180-181) In the grievance, Mr. Stacy explained that he could not wait until the doctor for the Detention Center arrived on Thursday, August 31. (#35, p. 180-181)

         Defendant Munyan responded that Mr. Stacy would be brought in for a urinalysis before being seen by Defendant Stewart, the doctor who treats patients detained at the Detention Center. (#35, p. 181) On that same day, Mr. Stacy was brought to the medical clinic for a urinalysis. (#35-1, p. 1-2) The urinalysis showed some blood in Mr. Stacy's urine and evidence of an infection. (#35-2, p.1) Defendant Stewart ordered Mr. Stacy be given Tylenol. (#35-2, p.1)

         After the urinalysis, Mr. Stacy filed a grievance on August 28, 2017, thanking the staff for seeing him, but noting that he was in an extreme pain. (#35-1, p.182) Mr. Stacy again requested that he be sent to the emergency room so that he could receive Flomax, antibiotics, and Toradol for pain. (#35-1, p.182)

         On August 31, 2017, Mr. Stacy grieved that he still has not been given any medicine for the pain after five days from the onset of his pain. (#35-1, p.185) He also complained that he had been refused antibiotics and Flomax. (#35-1, p.185) On that same day, August 31, 2017, Defendant Stewart saw Mr. Stacy for his kidney stones. (#35-2, p.1) Defendant Stewart ordered a repeat urinalysis to monitor for blood; he requested medical records from Mr. Stacy's urologist; and ordered a laboratory analysis to assess for anemia and renal dysfunction. (#35-2, p.2) Defendant Stewart noted that Mr. Stacy did not ...


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