United States District Court, E.D. Arkansas, Western Division
Procedures for Filing Objections
Recommended Disposition (“Recommendation”) has
been sent to Judge Susan Webber Wright. Mr. Trainor may file
written objections to this Recommendation, if he wishes.
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 office of the Court Clerk
within 14 days of this Recommendation.
objections are filed, Judge Wright can adopt this
Recommendation without independently reviewing the record. By
not objecting, Mr. Trainor risks waiving his right to appeal
questions of fact.
Trainor, a former inmate in the Yell County Detention Center
(“Detention Center”), filed this civil rights
lawsuit without the help of a lawyer under 42 U.S.C. §
1983. (Docket entry #2) Mr. Trainor alleges that Yell County
Jail Administrator Mike Leo May and Assistant Jail
Administrator Carolyn Barefield were deliberately indifferent
to his serious medical needs. Mr. Trainor also complains that
Dr. Darrell Elkin failed to provide him adequate medical
treatment and medication for his hip, back, shoulders, and
May, Barefield, and Elkin have now moved for summary
judgment.(#23) Mr. Trainor has not responded to the
motion, and the time for doing so has passed. (#26) The
motion is now ripe for review.
Summary Judgment Standard
summary judgment, the Court rules in favor of a party before
trial. A party is entitled to summary judgment if the
evidence, viewed in a light most favorable to the party on
the other side of the lawsuit, shows that there is no genuine
dispute about 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).
Undisputed Medical History
April 15, 2017, Mr. Trainor submitted a medical request form
requesting pain medication for his hip, back, and shoulders.
(#24-1 at p.1) Specifically, he requested 1500 milligrams of
Keppra per day and 850 milligrams of Neurontin at night.
(Id.) Based on the notations made on Mr.
Trainor's medical request form, it appears that his
prescriptions for both Keppra and Nuerontin were filled on or
around that date. (Id.) The medical logs show these
prescriptions were provided to Mr. Trainor twice daily
beginning April 19, 2017, through the remainder of his
incarceration at the Detention Facility. (#24-4)
9, 2017, Mr. Trainor submitted a medical request form asking
for tennis shoes. (#24-1 at p.2) The notations on Mr.
Trainor's medical request form indicate that he was
approved for tennis shoes on or around that date.
11, 2017, Mr. Trainor submitted a medical request form
stating that Defendant Elkin had provided him pain
medication, but that he had not received any medication to
treat his Hepatitis C or acid reflux. (#24-2) On or around
that date, Mr. Trainor was prescribed naproxen, docusate
sodium, hydroclorothiazide and nortriptyline. (#24-3 at p.14)
Mr. Trainor received those medications twice daily starting
on May 17, 2017. (Id.)
21 and 29, 2017, Mr. Trainor submitted medical request forms
complaining that his medications were still not correct.
(#24-1 at pp.4-5) Notations on those medical request forms
indicate that Defendant Elkin modified ...