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Dillard v. Carter

United States District Court, E.D. Arkansas, Jonesboro Division

January 17, 2019

JAMES WESLEY DILLARD, ADC #116862 PLAINTIFF
v.
DAVID CARTER, et al. DEFENDANTS

          ORDER

         I. Background

         James Wesley Dillard is currently an Arkansas Department of Correction (“ADC”) inmate. He filed this lawsuit claiming that the Greene County officials violated his constitutional rights while he was detained at the Greene County Detention Center (“Detention Center”). (Docket entry #2) Because Mr. Dillard included multiple, unrelated claims in his original complaint, the Court required him to file an amended complaint that included only related claims. (#6) Mr. Dillard elected to proceed with deliberate-indifference claims against Defendants Bagwell and Huggins. The remaining claims that were unrelated to his medical treatment were dismissed, without prejudice. (#21)

         On September 4, 2018 and again on September 17, 2018, Mr. Dillard moved for summary judgment on his deliberate-indifference claims. (#45, #47) Defendants Bagwell and Huggins filed a cross-motion for summary judgment on December 3, 2018. (#52) Mr. Dillard has responded to the Defendants' motion, and all motions are now ripe for decision. (#56, #57)

         II. Discussion

         A. Standard

         In a summary judgment, the Court rules on the case without a trial. A party is entitled to summary judgment if-but only if-the evidence shows that there is no genuine dispute about any fact important to the outcome of the case. See Fed.R.Civ.P. 56 and Odom v. Kaizer, 864 F.3d 920, 921 (8th Cir. 2017).

         B. Undisputed Medical History

         Mr. Dillard suffers from epilepsy. According to his medical records, prior to his incarceration at the Detention Center, he was sometimes prescribed Dilantin and sometimes prescribed Keppra to control his seizures.

         During Mr. Dillard's January 16, 2017 appointment with Dr. Roland Hollis, his primary care physician, Dr. Hollis noted that Mr. Dillard had “quit taking” his Keppra and was “off all meds.” (#52-1 at p.1) Dr. Hollis prescribed Mr. Dillard 100 milligrams of Dilantin to be taken “qid” (four times daily). He recommended that Mr. Dillard be examined by a neurologist. (Id.)

         Mr. Dillard's medical records indicate that his Dilantin level was above the therapeutic level on January 23, 2017. (Id. at p.2) On July 28, 2017, less than two weeks before Mr. Dillard was incarcerated, Dr. Hollis examined Mr. Dillard and noted that he was “off meds?” and that he had reported having a grand mal seizure on July 4. (Id. at p.3) Dr. Hollis prescribed Keflex (an antibiotic) and Diflucan (an antifungal medication). (Id. at p.4)

         On August 1, 2017, Mr. Dillard was taken into custody at the Detention Center. At booking, a medical intake form was completed for Mr. Dillard. (Id. at p.5) Based on the notes on the form, Mr. Dillard reported that he had stopped taking Dilantin. (Id.) On August 1 and 4, Mr. Dillard signed medical release forms so that his medical records could be obtained from Dr. Hollis. (Id. at pp.8-9)

         On August 3, Mr. Dillard submitted a medical request form requesting to be assigned to a bottom bunk. (Id. at p.12) In his request, Mr. Dillard explained that he suffered from epilepsy and that his family was in the process of trying to obtain his medication. (Id.)

         The following day, LPN Johnson (not a party to this lawsuit) responded that suffering from a seizure disorder “will only get you put in a medical cell up front in booking. It will not get you bottom bunk.” (Id.) In addition, Mr. Dillard was instructed to sign a “Release of Information” to be sent to his physician to confirm his diagnosis. (Id.)

         On August 23, 2017, Defendant Bagwell examined Mr. Dillard and noted his complaints of seizures. (Id. at p.16) She ordered Dilantin ...


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