United States District Court, W.D. Arkansas, Hot Springs Division
O. Hickey United States District Judge
the Court is Defendants' Motion for Summary Judgment.
(ECF No. 39). Plaintiff De'Andre Gray has not filed a
response, and the time to do so has passed. See
Local Rule 7.2(b). The Court finds this matter ripe for
filed this civil rights action pursuant to 42 U.S.C. §
1983. Plaintiff's claims in this action arise from
alleged incidents that occurred between December 9, 2016, and
September 5, 2017, while he was incarcerated in the Clark
County Jail (“CCJ”). Viewed in the light most
favorable to Plaintiff, the relevant facts are as
December 9, 2016, Plaintiff was placed in lockdown for twenty
days at the CCJ after he and another inmate violated
disciplinary infractions B-13 (storing medication) and B-14
(possessing anything not authorized for retention or receipt
by the inmate not issued to him by the CCJ staff or
commissary service). (ECF No. 40-3). On May 27, 2017,
Plaintiff was once again placed in lockdown following an
altercation with Defendant Funderburk. This altercation
resulted in charges being filed against Plaintiff for
Impairing the Operation of a Vital Public Facility and
Battery in the 2nd Degree, Class C and Class D felonies
respectively. (ECF No. 40, p. 1). According to the Affidavit
of Defendant Funderburk, Plaintiff “was only placed on
twenty-four hour lock for a short period after becoming
violent, refusing to follow orders, and attempting to throw
[Defendant Funderburk] into a cell. [Plaintiff] was only
locked down until the issue was resolved.” (ECF No.
40-1, p. 1).
standard lockdown, isolated inmates at the CCJ are allowed
out of their cells for one hour each evening to shower, use
the phones, or exercise. (ECF No. 40, p. 1). Inmates in
lockdown are treated the same as other inmates in the CCJ,
but are segregated from the general population and only
allowed out of their cells after the general population is
locked down for the evening. Id. The lights and
toilets inside the lockdown cells are checked to ensure that
they are in working order before an inmate is housed there,
and the lights in the cell where Plaintiff was housed during
lockdown were functional. In addition, the lights in the
lockdown cells are turned on or off at the inmates'
request. (ECF No. 40, p. 2). According to the CCJ's
Policies and Procedures, inmates are given showers each
Tuesday, Thursday, and Saturday. The inmates are not allowed
to refuse showers and if they do, they are placed in lockdown
until they agree to take a shower. (ECF No. 40-4, p. 1).
Toiletries and hygiene products are passed out to inmates
every Monday. Id. at p. 2.
2017, Plaintiff received over-the-counter melatonin on four
occasions. (ECF No. 40-5, p. 1). The only named Defendant to
give Plaintiff this medication was Defendant Funderburk.
Id. Jailers at the CCJ do not make any decisions
regarding whether inmates receive medication, nor do they
have any input into what type of medication they receive.
When medications are prescribed, they are placed in cups,
separated by inmate block, and labeled with the inmate's
name. Jailers distribute medications and ensure that inmates
take them. (ECF No. 40-1, p. 1).
CCJ's policy regarding the submission of medical requests
and grievances states in relevant part:
1. If a Detainee needs to make a request or file a grievance,
the Detainee is to be given the appropriate form and return
it to the Jailer on Duty. When you receive one of these
forms, make sure to put your name, date, and time on the
form, then give it to the Administrator to be answered or
passed on . . .
3. After the Detainees Request or Grievance has been
answered, make copies of all Requests and Grievances and put
a copy in their file and give a copy to the Detainee.
4. If a Detainee needs medical attention, [they are given] .
. . a Medical Grievance form and have them fill it out. When
the Jailer receives the completed Medical Grievance form,
[they] fill out a Medical Treatment Sheet and hang it up in
dispatch for Nurse Elkin to see on Tuesdays and Fridays.
(ECF No. 40-4, p. 4). Plaintiff's jail file contains no
grievances and only one medical request submitted on November
17, 2018. (ECF No. 40-3, p. 2).
September 19, 2017, Plaintiff filed this action against
Defendants Watson, Barnes, Bolz, Funderburk, Samuel, and
Jailer Sam Burdette. (ECF No. 1). Plaintiff asserts three
claims in his ...