Cox v. Campbell

          RECOMMENDED DISPOSITION

         I. Procedures for Filing Objections

         This Recommended Disposition (“Recommendation”) has been sent to Judge J. Leon Holmes. You may file written objections to this Recommendation. If you file objections, they must be specific and must include the factual or legal basis for your objection. Your objections must be received in the office of the United States District Court Clerk within fourteen (14) days of this Recommendation.

         If no objections are filed, Judge Holmes can adopt this Recommendation without independently reviewing the record. By not objecting, you may also waive any right to appeal questions of fact.

         II. Discussion

         Joseph Cox, an inmate at the East Arkansas Regional Unit of the Arkansas Department of Correction (“ADC”), filed this lawsuit without the help of a lawyer under 42 U.S.C. § 1983. (Docket entry # 2) Mr. Cox claims that Defendants Campbell and Sackett were deliberately indifferent to his serious medical needs.

         Mr. Cox and Defendants have filed cross motions for summary judgment.^[1] (#25, #34) Defendants have responded to Mr. Cox's motion; and Mr. Cox has responded to the Defendants' motion. (#37, #38, #40, #41)

         A. Summary Judgment Standard

         In a summary judgment, the Court rules in favor of a party before trial. A party is entitled to summary judgment on if the evidence 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).

         B. Undisputed Medical History

         On February 7, 2017, Mr. Cox injured his left hand playing football. (#36-1 at p.1) On the same day, Defendant Sackett examined him. (Id.) She noted swelling and light-purple discoloration below fingers four and five, with a limited range of motion. (Id.) Mr. Cox described his pain as a level eight on a ten-point scale. (Id.)

         Defendant Sackett obtained a verbal order from APRN Drummond (not a party to this lawsuit) for Mr. Cox to receive 400 mg of Ibuprofen to be taken three times daily for ten days. (Id.) She also received a verbal order from Defendant Campbell for an x-ray examination of Mr. Cox's left hand. (Id.) In addition, Defendant Sackett applied a compression wrap to Mr. Cox's left hand and issued a “no duty/yard/sports” script until February 14, 2017. (Id. at pp.1-2)

         The following day, Mr. Cox underwent an x-ray examination of his left hand. (Id. at p.6) The x-ray report revealed a “fracture involving mid fifth metacarpal with mild displacement” and “associated soft-tissue swelling.” (Id.) On the radiology report, Defendant Sackett noted that Mr. Cox would be scheduled for follow-up. (Id. at p.6)

         On February 9, 2017, a “notification of diagnostic test results” form was forwarded to Mr. Cox to inform him that he would be “scheduled for [a] follow-up with a physician or mid-level provider within three working days.” (Id.)

         On February 11, 2017, Defendant Sackett examined Mr. Cox and noted that his pain was a nine on a ten-point scale with dark purple discoloration. (Id. at p.8) She received a verbal order from APRN Moody (not a party to this lawsuit) to increase Mr. ...