United States District Court, E.D. Arkansas, Western Division
Procedures for Filing Objections
Recommended Disposition (“Recommendation”) has
been sent to Judge J. Leon Holmes. Any party may file written
objections to this Recommendation. Objections should be
specific and should include the factual or legal basis for
the objection. All objections must be received in the office
of the Court Clerk within 14 days of this Recommendation.
objections are filed, Judge Holmes can adopt this
Recommendation without independently reviewing the record. By
not objecting, parties may waive the right to appeal.
Ckie Mumin Aljathiya, an Arkansas Department of Correction
inmate, filed this lawsuit without the help of a lawyer under
42 U.S.C. § 1983. (Docket entries #1, #2) In his
complaint, Mr. Aljathiya complains that, while he was held at
the Pulaski County Detention Facility (“PCDF”) as
a pre-trial detainee, he was choked and beaten by Defendant
Newburn, after which Defendants Holladay, Mecca, Garrison,
Mahone, Crawford, and Grayson did not provide him medical
care. (#2, #5)
Newburn, Holladay, Mecca, Garrison, Mahone, Crawford, and
Grayson (“Defendants”) have moved for summary
judgment. (#48) Mr. Aljathiya was given an opportunity to
respond (#51), but to date, has not filed a response to the
judgment means that the court rules in favor of a party
without the need for a trial. A moving party is entitled to
summary judgment if the evidence, viewed in the light most
favorable to the party on the other side of the lawsuit,
shows that there is no genuine dispute as to any fact
important to the outcome of the case. For purposes of
reviewing the Defendants' motion, the Court will view the
facts in a light most favorable to Mr. Aljathiya.
Fed.R.Civ.P. 56; Celotex Corp. v. Catrett, 477 U.S.
317, 322B23 (1986).
September 19, 2016, Mr. Aljathiya was booked into the PCDF.
(#49-1, p.1) On May 1, 2017, he was committed to the Arkansas
State Hospital (“ASH”). (#49-1, p.2) On June 23,
2017, the Pulaski County Circuit Court (“PCCC”)
ordered the Pulaski County Sheriff's Office to transport
Mr. Aljathiya from the ASH to PCCC for a June 29, 2017
hearing. (#49-1, p.2, 9)
the hearing, Mr. Aljathiya went to the PCCC's inmate
holding area until he could be transported back to ASH.
(#49-1, p. 2, 11) Defendants and Mr. Aljathiya relate
different versions of the altercation that ensued.
Facts According to Mr. Aljathiya
Aljathiya relies on his own statements to support his version
of the facts. (#2, #5) He asserts that, as he was leaving
court on the way back to his holding cell, Defendant Newburn
started pushing him, and they had a verbal altercation. (#2,
p.7) Defendant Newburn began choking Mr. Aljathiya, banging
his head against a steel-caged wall, and kicking him in the
right shoulder with the heel of his boot. (#2, p.4) Mr.
Aljathiya initially lost his vision. (#2, p.4) As a result of
the attack, he had an open wound on the back of his head and
was severely bleeding. His right shoulder and neck were
injured, and his eyeglasses were damaged. (#2, p.4)
retrieving his glasses, Mr. Aljathiya called to Defendants
Mecca, Garrison, Mahone, Crawford, and Grayson for medical
help. (#2, p.5) Thirty minutes later, Mr. Aljathiya was
transported to ASH. (#2, p.5) The staff at the ASH noticed
that he was bleeding, asked him what happened, and took
pictures of his injuries. (#2, p.5) That same day, ...