United States District Court, E.D. Arkansas, Western Division
CHAD W. NORMAN PLAINTIFF
WILLIAM COOPER, et al. DEFENDANTS
Procedure for Filing Objections
Recommended Disposition (“Recommendation”) has
been sent to Judge D.P. Marshall Jr. Any party may file
written objections to this Recommendation. Objections should
be specific and should include the factual or legal basis for
considered, objections must be received in the office of the
Court Clerk within 14 days of this Recommendation. If no
objections are filed, Judge Marshall can adopt this
Recommendation without independently reviewing the record. By
not objecting, parties may waive the right to appeal
questions of fact.
Chad W. Norman claims that Defendants violated his right to
constitutionally adequate medical care while he was detained
at the Pulaski County Detention Facility
(“PCDF”). (Docket entries #2, #9) Separate
Defendants Chase, Cooper, Johnson, Little, Mitchell, and
Nichols (“Medical Defendants”) have moved to
dismiss claims against them based on Mr. Norman's failure
to comply with the April 18, 2018 Order that required him to
respond to outstanding discovery requests within 30 days. In
the alternative, the Medical Defendants ask that the
dispositive motions deadline be extended. (#39) Mr. Norman
has not responded to the motion.
Defendants Holladay and Rogers (“County
Defendants”) have moved for summary judgment on the
merits of Mr. Norman's claims against them. (#41) Mr.
Norman has not filed a response to the County Defendants'
motion for summary judgment, and the time for doing so has
Medical Defendants' Motion to Dismiss
December 1, 2017, the Medical Defendants propounded
interrogatories and requests for production of documents to
Mr. Norman. On April 10, 2018, they moved for a court order
compelling Mr. Norman to respond to discovery requests after
having agreed to two extensions for Mr. Norman to respond.
(#33) Mr. Norman did not respond to the motion to compel.
April 18, 2018, the Court granted the Medical Defendants'
motion to compel and ordered Mr. Norman to respond to the
outstanding discovery requests within 30 days of that Order.
Mr. Norman was cautioned that his claims could be dismissed
if he failed to comply. (#35) To date, Mr. Norman has failed
to comply with the April 18 Order requiring him to provide
can dismiss a lawsuit as a sanction for failing to abide by
an order compelling a party to respond to discovery requests.
Fed.R.Civ.P. 37(b)(2)(A)(v). Dismissal is a harsh, rarely
used sanction-and for good reason. In this case, however, Mr.
Norman's refusal to provide discovery responses has
brought this case to a standstill. The outstanding discovery
requests were propounded almost a year ago. The order
compelling him to respond to discovery requests was issued
six months ago; yet Mr. Norman has not been in contact with
the Court since then.
Medical Defendants' motion to dismiss (#39) should be
GRANTED. Mr. Norman's claims against Defendants Chase,
Cooper, Johnson, Little, Mitchell, and Nichols should be
DISMISSED, without prejudice.
County Defendants' Motion for Summary
judgment on the merits means that the Court rules in favor of
a party without a trial. A moving party is entitled to
summary judgment only if the evidence, viewed in the light
most favorable to the non-moving party, shows that there is
no genuine dispute as to any fact that is important to the
outcome of the case. Fed.R.Civ.P. 56; Celotex Corp. v.
Catrett, 477 U.S. 317, 322B23 (1986); Anderson v.
Liberty Lobby, Inc., 477 U.S. 242, 246 (1986).
February 16, 2017, Mr. Norman was convicted of battery and
was subsequently booked into the PCDF. (#42-1) The Pulaski
County Sheriff's Office contracts with Turn Key Health to