United States District Court, E.D. Arkansas, Pine Bluff Division
MICHAEL A. DUNCAN, ADC # 111386 PLAINTIFF
WENDY KELLEY,  et al. DEFENDANTS
Procedures for Filing Objections:
Recommended Disposition (“Recommendation”) has
been sent to Judge D.P. Marshall Jr. Any party to this suit
may file written objections with the Clerk of Court.
Objections should be specific and should include the factual
or legal basis for the objection. To be considered all
objections must be received in the Clerk's office within
14 days of the date of this recommendation.
objecting, parties may waive the right to appeal questions of
fact. And, if no objections are filed, Judge Marshall can
adopt this Recommendation without independently reviewing the
Duncan, an inmate in the Arkansas Department of Correction
(“ADC”), filed this case under 42 U.S.C.
§1983, claiming that the Defendants violated his eighth
amendment rights. Specifically, he alleges that he was
required to clean the rims of urinals, without gloves, as a
condition of participating in the ADC's Substance Abuse
Treatment Program (“SATP”) at the Randall L.
Williams Unit. He says that he dropped out of the SATP rather
than risk his health and, consequently, was denied early
release. (Docket entry #2)
Duncan has filed an unsupported motion for summary judgment
on the merits. (#26) The Defendants have responded. (#27)
Defendants Kelley, Jackson, Corbin, and Lay
(“Defendants”) have also filed a motion for
summary judgment on the merits. (#40) Mr. Duncan has
responded to their motion. (#46)
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 nonmoving party, shows that there is no genuine
dispute as to any fact important to the outcome of the case.
Fed.R.Civ.P. 56; Celotex Corp. v. Catrett, 477 U.S.
317, 322-23 (1986); Anderson v. Liberty Lobby, Inc.,
477 U.S. 242, 246 (1986).
Facts Viewed in a Light Most Favorable to Mr.
SATP is a therapeutic residential treatment program at the
ADC that runs for six to twelve months. (#42-1) Mr. Duncan
voluntarily entered the SATP in June of 2017, after the
parole board informed him that he would be released 12 months
early if he completed the program. (#42-1; #46-2, p.2)
time of his enrollment, Mr. Duncan told Defendant Corbin
that, according to a doctor, he was particularly susceptible
to infections. (#42-2, p.12-14) In fact, he alleges, he had a
“bloody fungus infection” on his hand at the time
he enrolled. (#2, p.4) Mr. Duncan admits there is no medical
documentation stating that he is particularly susceptible to
infections. (#42-2, p.12)
enrollment, Mr. Duncan was provided an SATP handbook with
program rules, and he agreed to follow those rules. (#42-1)
In the SATP, inmates are assigned various daily jobs,
including cleaning bathrooms and toilets, sweeping, mopping,
and cleaning windows. (#42-2, p.4) SATP inmates are
responsible for cleaning the barracks twice a day for 30
minutes in the morning and 30 minutes in the evening. (#42-2,
p.4-6) During the 30-minute cleaning sessions, the inmates
are provided cleaning supplies, including mops, buckets,
spray bottles with cleaning solutions, toilet brushes, and
rubber gloves. (#42-2, p.4-6) Inmates assigned to clean
bathrooms are given gloves and a toilet brush. (#42-2, p.5-6)
Duncan takes issue with the SATP “rule” requiring
inmates to wipe the rim of the urinal or toilet immediately
after they urinate. For this job, inmates are not provided
gloves. Rather, they use squares of newspaper that are
stacked within reach of the urinals and toilets. (#2; #42-1;
Duncan alleges that the bathrooms at the Unit are “the
most nastiest bathrooms I've ever seen.” (#42-2,
p.6) He complains wiping the rim of a urinal forces him to
“smear the urine of 50 men around the rim of
urinals” without the protection of gloves. (#2) It is
not clear ...