Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

McDonald v. Golden

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

July 24, 2018

KYMYRA KHALIZA McDONALD ADC #711056 PLAINTIFF
v.
DARRYL GOLDEN, Warden; and DEXTER PAYNE, Assistant Director, ADC DEFENDANTS

          RECOMMENDED DISPOSITION

         The following Recommended Disposition ("Recommendation") has been sent to United States District Judge D.P. Marshall Jr. You may file written objections to all or part of this Recommendation. If you do so, those objections must: (1) specifically explain the factual and/or legal basis for your objection; and (2) be received by the Clerk of this Court within fourteen (14) days of the date of this Recommendation. If you do not file objections, Judge Marshall can adopt this Recommendation without independently reviewing all of the evidence in the record. By not objecting, you may waive the right to appeal questions of fact.

         I. Introduction

         Plaintiff Kymyra Khaliza McDonald ("McDonald”) is a prisoner in the McPherson Unit of the Arkansas Department of Correction ("ADC"). She has filed this pro se § 1983 action alleging that Defendants Warden Darryl Golden (“Golden”) and ADC Assistant Director Dexter Payne (“Payne”) violated her equal protection rights when they denied her request for a furlough to attend her mother's funeral.[1]Docs. 2 & 7.

         Defendants have filed a Motion to Dismiss and a Brief in Support. Docs. 12 & 13. In those papers, Defendants argue that they are entitled to sovereign and qualified immunity. McDonald has filed a Response. Doc. 18.

         The relevant facts, as pled by McDonald, are as follows:[2]

         1. In October 2016, McDonald was a Class IV inmate, housed in punitive isolation at the McPherson Unit. She was on “minimum” security status, and was a non-violent offender serving a six-month parole violation sentence. Doc. 2, at 6; Doc. 7, at 2.

         2. On October 15, 2016, McDonald's mother died. Doc. 2, at 8.

         3. On October 16, 2016, McDonald was informed of her mother's death. She submitted an Inmate Request Form, seeking approval for an “emergency furlough” to attend her mother's funeral on October 21 in Little Rock. Id. at 18 & 25.

         4. McDonald's family agreed to pay the necessary expenses for her to attend the funeral. The details were “all worked out” by the chaplain, the major and mental health staff, and arrangements were made for the Pulaski County Sheriff to provide transportation. Id. at 7-8.

         5. Golden denied McDonald's request for a furlough based on her “disciplinary history, ” and Golden's belief that “her mental state was a risk that [might cause her to] get out and harm [her]self.” Id. at 5, 10 & 18.

         6. On October 19, 2016, McDonald filed a grievance because she had “been denied the opportunity to go to [her] mother's funeral by Warden Golden … for no reason.” Id. at 10. On October 26, 2016, Golden responded to the grievance, stating that her furlough request had been denied “based on [her] punitive status, suicide history, mental health and concerns from Chaplain Lang.” Id. at 12. While Golden acknowledged that “it is possible other inmates who have been assigned to Segregation have been allowed to go on furloughs to family funerals, ” he stated that “all [such furlough requests] have been reviewed for the same criteria in order to make a determination for approval/disapproval.” Id. McDonald appealed. Id.

         7. On November 9, 2016, Payne found McDonald's appeal to be “without merit.” Id. at 13.

         8. At the time of McDonald's furlough request, she was not housed in the unit for mentally unstable prisoners, was on no mental health medications other than anti-depressants, and had seen mental health providers only two times. Although she had been on “suicide watch” one time several months earlier, she was not on suicide precautions at the time of her furlough request. Id. at 5, 12 & 20; Doc. 7, at 4 & 12.

         9. According to Chaplain Lang, her “only concern was [McDonald's] punitive time in segregation” and she “did [her] best to prepare and arrange all details and paperwork” to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.