United States District Court, W.D. Arkansas, Fayetteville Division
WENDELL P. STANLEY, JR. PLAINTIFF
CORPORAL TREY BRADY; DEPUTY ADAM BLAKE; DEPUTY ADAM BAKER; DEPUTY DALTON TRIMMELL; and NURSE HEATHER TRIMMER DEFENDANTS
HOLMES, III CHIEF U.S. DISTRICT JUDGE.
a civil rights action filed by the Plaintiff pursuant to 42
U.S.C. § 1983. Plaintiff proceeds pro se and
in forma pauperis. Plaintiff is incarcerated in the
Delta Regional Unit of the Arkansas Department of Correction.
claims asserted in this case arose when Plaintiff was
incarcerated in the Benton County Detention Center.
Specifically, Plaintiff contends his constitutional rights
were violated when: (1) he was denied adequate medical care
by Nurse Trimmer; and (2) excessive force was used against
him by Corporal Brady and Deputies Blake, Baker and Trimmell.
24, 2018, the Separate Defendant Nurse Trimmer filed a Motion
for Summary Judgment (ECF No. 41). That same day, an Order
(ECF No. 44) was entered directing Plaintiff to file a
response to the Motion for Summary Judgment by June 14, 2018.
Plaintiff was advised that failure to respond to the Order
would subject the case to dismissal.
7, 2018, Corporal Brady and Deputies Blake, Baker and
Trimmell filed a Motion for Summary Judgment (ECF No. 48). On
June 13, 2018, an Order (ECF No. 53) was entered directing
Plaintiff to file a response to the Motion for Summary
Judgment by July 5, 2018. Plaintiff was advised that failure
to respond to the Order would subject the case to dismissal.
date, Plaintiff has not filed a response to either of the
Motions for Summary Judgment. He has not requested an
extension of time to file his responses. No. mail has been
returned as undeliverable. Plaintiff has failed to comply
with the Court's Orders (ECF Nos. 44 & 53) requiring
him to file his summary judgment responses by June 14, 2018,
and July 5, 2018, respectively.
was advised that failure to comply with the Court's
Orders (ECF Nos. 44 & 53) would result in: (a) all of the
facts set forth by the Defendants in the summary judgment
papers being deemed admitted by Plaintiff, pursuant to Local
Rule 56.1(c); and/or (b) shall subject this case to
dismissal, without prejudice, pursuant to Local Rule
5.5(c)(2). In this case, the Court will deem all facts set
forth in the Defendants' statements of fact (ECF Nos. 42
& 50) admitted by the Plaintiff.
Summary Judgment Standard
judgment is appropriate when there is no genuine issue of
material fact and the moving party is entitled to judgment as
a matter of law. Fed.R.Civ.P. 56(c). In this case, the facts
set forth by the Defendants are deemed admitted. The question
is whether given the facts as admitted, there are genuine
issues of material fact as to whether Plaintiff's
constitutional rights were violated.
Nurse Trimmer's Summary Judgment
following facts are deemed admitted: Plaintiff was booked
into Benton County Detention Center on June 16, 2017. On or
about July 21, 2017, Plaintiff was allegedly involved in an
altercation with correction officers. Plaintiff alleges that
his ribs were injured. On July 22, 2017, Plaintiff was seen
by a member of the nursing staff, and bruises were noted to
Plaintiff's ribs. Plaintiff was noted to have no
shortness of breath, and his lungs were clear. The jail
doctor was contacted. That same day, the jail doctor ordered
x-rays of Plaintiff's ribs. The x-rays were performed
that day. The x-rays revealed no fracture or costovertebral
dislocation. The conclusion was “normal bilateral rib
series.” Although Plaintiff alleges in his Complaint
that he saw a rib fracture on his x-rays, the x-rays were
read by an independent radiologist whose report noted no
fractures. The x-rays were never seen by the Plaintiff. On
July 22, 2017, the jail doctor prescribed Ibuprofen 600 mg to
be administered twice a day for seven days.
28, 2017, Plaintiff advised a member of the nursing staff
that he noticed blood in his urine. Blood in the urine is
called “hematuria.” A urinalysis performed on
July 28, 2017, showed clear yellow urine that tested negative
for the presence of blood. On July 31, 2017, the jail doctor
prescribed Ibuprofen 800 mg to be administered twice a day
for 14 days. Plaintiff received this course of Ibuprofen as
prescribed until August 13, 2017. On August 17, 2017,
Plaintiff began receiving Ibuprofen 600 mg. The order was for
never requested any pain relievers or other treatment for his
rib pain after August 17, 2017. The appropriate treatment for
bruised ribs is to administer medications to limit the pain
and inflammation. Non-Steroidal Anti-inflammatory drugs
(NSAIDs) are indicated to control both pain and inflammation.
Ibuprofen is an NSAID. Plaintiff received Ibuprofen for over
a month after his altercation. These facts are appropriately
supported by Nurse Trimmer's affidavit and the
Plaintiff's medical records.
Eighth Amendment prohibition of cruel and unusual punishment
prohibits deliberate indifference to prisoners' serious
medical needs. Luckert v. Dodge Cnty., 684 F.3d 808,
817 (8th Cir. 2012). To prevail on his Eighth Amendment
claim, Plaintiff must prove that Nurse Trimmer acted with