United States District Court, E.D. Arkansas, Eastern Division
Procedures for Filing Objections
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.
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.
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.
and Defendants have filed cross motions for summary
judgment. (#25, #34) Defendants have responded to
Mr. Cox's motion; and Mr. Cox has responded to the
Defendants' motion. (#37, #38, #40, #41)
Summary Judgment Standard
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).
Undisputed Medical History
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.
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)
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)
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
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. ...