United States District Court, E.D. Arkansas, Pine Bluff Division
BOBBY LEE PHILLIPS, JR. ADC #117315 PLAINTIFF
v.
RORY L. GRIFFIN, et al. DEFENDANTS
RECOMMENDED
DISPOSITION
I.
Procedure for Filing Objections
This
Recommended Disposition (“Recommendation”) has
been sent to Judge Billy Roy Wilson. Any party is free to
file written objections to this Recommendation. Objections
must be specific and must include the factual or legal basis
for the objection. To be considered, objections must be
received in the office of the Court Clerk within 14 days of
this Recommendation.
If no
objections are filed, Judge Wilson can adopt this
Recommendation without independently reviewing the record. By
not objecting, any right to appeal questions of fact may be
lost.
II.
Discussion
A.
Background
Bobby
Lee Phillips, Jr., an Arkansas Department of Correction
(“ADC”) inmate, filed this civil lawsuit without
the help of a lawyer under 42 U.S.C. § 1983. (Docket
entry #2) Mr. Phillips claims that Defendants Griffin, Horan,
Bland, Griswold, and Haynes failed to provide him proper
treatment for a hand injury, which resulted in the loss of
motion and permanent damage to his finger. Based on those
allegations, Mr. Phillips was allowed to proceed on
deliberate-indifference claims against Defendants Griffin,
Horan, Bland, Griswold, and Haynes. The Court dismissed Mr.
Phillips's claims against Defendant Knight. (#8)
All
Defendants then moved for summary judgment, arguing that Mr.
Phillips failed to exhaust his administrative remedies. (#13,
#40) The Court granted Defendant Griffin's motion, and
dismissed Mr. Phillips's claims against Defendant
Griffin, without prejudice. (#63) In addition, the Court
granted the Medical Defendants' motion for summary
judgment, in part, and dismissed Mr. Phillips's claims
against Defendant Horan. (Id.) Mr. Phillips was
permitted to proceed on his claims against Defendants Bland,
Griswold, and Haynes.
Mr.
Phillips has now moved for summary judgment on his claims
against the remaining Defendants. (#96) Defendants Bland,
Griswold, and Haynes have also moved for summary judgment on
the merits of Mr. Phillips's claims against them. (#101)
Mr. Phillips has responded to the Defendants' motion
(#105, #106); and both motions are now ripe for review.
B.
Undisputed Factual History
On
September 27, 2016, Mr. Phillips appeared for a chronic care
visit complaining that he had injured his right hand several
days earlier in a fall.[1] (#102-1 at p.1) At that time, Dr. Horan
noted that Mr. Phillips's right had was red and swollen.
(Id.) He also noted that his hand was “most
tender” over the fifth metacarpal. (Id.) Dr.
Horan prescribed 600 milligrams of ibuprofen to be taken
twice daily. (Id.) He also entered a prescription
for one-arm duty for Mr. Phillips, expiring on October 31,
2016, and ordered an x-ray of Mr. Phillips's right hand.
(Id.)
On
September 30, Mr. Phillips underwent an x-ray examination of
his right hand. (Id. at p.11) Those results
revealed: an old fracture of the distal 2nd metacarpal; an
old fracture of the 6th metacarpal; an acute fracture of the
proximal 5th metacarpal; and a probable old avulsion fracture
of the dorsal wrist. (Id.) Therefore, Mr. Phillips
had three old fractures that had healed, and a new fracture
of the proximal fifth metacarpal. (Id.)
On the
same day, the ADC medical department notified Mr. Phillips
that, based on his x-ray results, he would be scheduled for a
follow-up appointment with a provider. (Id. at p.10)
On
October 2, an unknown nurse authorized a “lay-in”
for Mr. Phillips for 72 hours while he waited for his x-ray
results. (Id. at p.12) On October 4, Mr. Phillips
was transferred to segregation. (Id. at p.14)
Between
October 4 and October 15, nurses made regular rounds in
segregation. Mr. Phillips did not voice any health ...