United States District Court, W.D. Arkansas, Texarkana Division
O. HICKEY, UNITED STATES DISTRICT JUDGE
the Court is Defendants Steven King and Chelsey Foster's
Motion for Summary Judgment. (ECF No. 20). Plaintiff Cecil
Wayne Proctor has filed a response. (ECF No. 29). Defendants
have not filed a reply and their time to do so has passed.
See Local Rule 7.2(b). The Court finds the matter
ripe for consideration.
a civil rights action filed by Plaintiff pursuant to 42
U.S.C. § 1983. Plaintiff proceeds pro se and
in forma pauperis. Plaintiff is currently
incarcerated in the Arkansas Department of Correction, North
Central Unit in Calico Rock, Arkansas. However, the
allegations in Plaintiff's Complaint concern matters that
occurred while he was incarcerated in the Miller County
Detention Center in Texarkana, Arkansas. (ECF No. 1).
Plaintiff asserts two claims of deliberate indifference in
relation to two alleged incidents: one occurring in November
2017 when Plaintiff allegedly received an inappropriate
dosage of blood pressure medication, and the other occurring
in January 2018 when Defendants allegedly failed to give him
adequate medical care related to his scrotum. (ECF No. 1).
Plaintiff proceeds against Defendants in both their
individual and official capacities. Viewed in the light most
favorable to Plaintiff, the relevant facts are as follows.
was booked into the Miller County Detention Center on
November 14, 2017. The initial physician's order dated
November 14, 2017, continued Plaintiff's then-current
medications, including “Aspirin 81mg PO QD; Amlodipine
10 mg PO QD; Famotidine 20 mg PO BID; Lisinopril 20 mg PO QD;
and Sulfatrim DS po x 9 days.” (ECF No. 22-3 at 4).
November 15, 2017, during a routine check, Plaintiff's
blood pressure was noted as 80/64. (ECF Nos. 22-2; 22-3 at 3,
5). Following the blood pressure check, Nurse Practitioner
Steven Foltz (“Nurse Practitioner
Foltz”) ordered the Amlodipine 10 mg to be held
until further notice. (ECF Nos. 22-2; 22-3 at 4).
Plaintiff's blood pressure was checked two more times on
November 15, 2017, and the readings were 90/70 at 7:00 p.m.
and 100/72 at 10:30 p.m. (ECF Nos. 22-2; 22-3 at 5).
November 16, 2017, Plaintiff was administered Lisinopril 20
mg at 8:00 a.m. as prescribed. His blood pressure reading was
108/72 at 8:45 a.m. (ECF Nos. 22-2; 22-3 at 5). On the
morning of November 17, 2017, Plaintiff was administered
Lisinopril 20 mg as prescribed. (ECF No. 22-2). Later that
morning, Plaintiff was admitted to Wadley Regional Medical
Center for syncope and collapse. On November 18, 2017,
Plaintiff was discharged with a diagnosis of hypotension.
(ECF Nos. 22-2 at 2; 22-3 at 6).
medical records reflect that all medications were
administered as prescribed from November 15, 2017, through
November 18, 2017. (ECF No. 22-3 at 12-15). Plaintiff's
medical records further reflect that Defendant King
administered Plaintiff's Lisinopril on the mornings of
November 15-17, 2018. (ECF No. 22-3 at 13). Defendant King
did not have authority to change Plaintiff's prescription
orders and could not direct that blood pressure medications
be started or stopped. (ECF No. 22-2 at 2).
January 24, 2018, Plaintiff submitted a medical request to be
seen at sick call for an irritated scrotum. (ECF No. 22-3 at
23). Plaintiff was seen by Defendant Foster at nurse call on
January 24, 2018, at approximately 8:27 p.m. (ECF Nos. 22-1;
22-3 at 23). Defendant Foster noted in Plaintiff's
medical chart that Plaintiff said his scrotum was irritated,
but that she did not see anything. Plaintiff states that he
told Defendant Foster that he thought he had been bitten.
(ECF No. 1 at 4). Plaintiff states that he also told
Defendant Foster that he had a hole in the bottom of his
scrotum and that it “was bleeding with pus coming
out.” (ECF No. 1 at 5). Defendant Foster placed
Plaintiff on the doctor list to be seen by other medical
staff. Plaintiff's medical records further note that
Plaintiff told Defendant Foster that he previously had
surgery on his scrotum on December 12, 2016, due to an
infection. (ECF No. 22-3 at 23).
unspecified time on January 25, 2018, and January 26, 2018,
Plaintiff asked Defendant King to send him to the emergency
room for treatment of his scrotal wound. Defendant King knew
that Plaintiff was scheduled to see Nurse Practitioner Foltz
on January 26, 2018 for the same issue, so he deferred
treatment to Nurse Practitioner Foltz and did not send
Plaintiff to the emergency room. (ECF No. 22-2 at 2).
January 26, 2018, Plaintiff was seen at doctor's call by
Nurse Practitioner Foltz. (ECF Nos. 22-3 at 27; 29-1 at 64).
At that time, Nurse Practitioner Foltz noted an abscess on
Plaintiff's scrotum and sent him to the emergency room
for evaluation. (ECF No. 22-3 at 27). That same day,
Plaintiff was admitted to Wadley Hospital with an admitting
diagnosis of scrotal cellulitis/scrotal abscess. (ECF No.
23-3 at 28). A procedure was performed which involved
incision and drainage of the scrotal abscess. (ECF No. 23-3
was discharged on January 29, 2018, with instructions to keep
his incision dry. (ECF No. 23-3 at 28). Plaintiff was
proscribed clindamycin HCI 300 mg, three times a day for
eight days. Plaintiff was further instructed to flush the
scrotal wound with 50 cc of hydrogen peroxide, rinse with 50
- 100 cc of sterile water, and apply Neosporin antibiotic
ointment and redress daily until the cavity closed. (ECF No.
23-3 at 33-36). Plaintiff submitted a medical request on
January 30, 2018, asking for “medicated cream for wound
after shower.” He was seen by Defendant Foster
following his request. (ECF No. 23-3 at 37).
times relevant, both Defendant King and Defendant Foster were
employees of Southern Health Partners, Inc. At all times
relevant, Southern Health Partners, Inc. was under contract
with Miller County, Arkansas, to provide healthcare services
to inmates housed at the Miller County Detention Center. (ECF
Nos. 22-1; 22-2). As nurses, neither Defendant Foster nor
Defendant King could prescribe antibiotics or other any other
medications. (ECF Nos. 22-1 at 2; 22-2 at 2).
September 14, 2018, Defendants filed the instant motion for
summary judgment, arguing that they are entitled to summary
judgment on ...