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Aljathiya v. Charles Doc Holladay

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

August 13, 2018

CKIE MUMIN ALJATHIYA PLAINTIFF
v.
CHARLES DOC HOLLADAY, et al. DEFENDANTS

          RECOMMENDED DISPOSITION

         I. Procedures for Filing Objections

         This 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.

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

         II. Background

         Plaintiff 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)

         Defendants 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 motion.

         III. Standard

         Summary 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).

         IV. Facts

         On 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)

         After 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.

         A. Facts According to Mr. Aljathiya

         Mr. 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)

         After 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, ...


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