United States District Court, E.D. Arkansas, Western Division
Procedures for Filing Objections
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.
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.
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. Defendants Stewart, Munyan, Ryals, and
Andrews have moved for summary judgment. (#33) Mr.
Stacy has responded to the motion (#38), and it is ripe for
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).
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 &
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)
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)
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.
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 ...