United States District Court, E.D. Arkansas, Eastern Division
GREGORY M. WILSON ADC #162142 PLAINTIFF
v.
JONNIE JONES, Administrator, St. Francis County Jail; et al. DEFENDANTS
PROPOSED FINDINGS AND RECOMMENDATIONS
INSTRUCTIONS\
JOE J.
VOLPE UNITED STATES MAGISTRATE JUDGE.
The
following recommended disposition has been sent to United
States District Judge D. P. Marshall Jr. Any party may serve
and file written objections to this recommendation.
Objections should be specific and should include the factual
or legal basis for the objection. If the objection is to a
factual finding, specifically identify that finding and the
evidence that supports your objection. An original and one
copy of your objections must be received in the office of the
United States District Court Clerk no later than fourteen
(14) days from the date of the findings and recommendations.
The copy will be furnished to the opposing party. Failure to
file timely objections may result in waiver of the right to
appeal questions of fact.
If you
are objecting to the recommendation and also desire to submit
new, different, or additional evidence, and to have a hearing
for this purpose before the District Judge, you must, at the
same time that you file your written objections, include the
following:
1.
Why the record made before the Magistrate Judge is
inadequate.
2.
Why the evidence proffered at the hearing (if such a
hearing is granted) was not offered at the hearing before
the Magistrate Judge.
3.
The details of any testimony desired to be introduced at
the new hearing in the form of an offer of proof, and a
copy, or the original, of any documentary or other
non-testimonial evidence desired to be introduced at the
new hearing.
From
this submission, the District Judge will determine the
necessity for an additional evidentiary hearing. Mail your
objections and “Statement of Necessity” to:
Clerk, United States District Court
Eastern District of Arkansas
600 West Capitol Avenue, Suite A149
Little Rock, AR 72201-3325
DISPOSITION
I.
INTRODUCTION
Gregory
M. Wilson (“Plaintiff”) is a prisoner in the
Arkansas Department of Correction (“ADC”). He has
filed this pro se action, pursuant to 42 U.S.C.
§ 1983, alleging that while he was in the St. Francis
County Jail, Defendants Jail Administrator Jonnie Jones,
Jailer Marty Watlington, and Jailer Otis Smith failed to
provide him with constitutionally adequate medical care for
anxiety and chronic pain. (Doc. No. 10.) He is proceeding
with this claim against Defendants in their individual
capacities only.[1] (Id., Doc. No. 21.)
Defendants
have filed a Motion for Summary Judgment, contending they are
entitled to judgment as a matter of law. (Doc. Nos. 36-38.)
Plaintiff has not filed a Response, and the time to do so has
expired. Thus, the matter is now ripe for a decision. After
careful review, and for the following reasons, I find
Defendants' Motion for Summary Judgment should be DENIED,
and I recommend Plaintiff be allowed to proceed to trial on
his inadequate medical care claim against Defendants in their
individual capacities.
II.
SUMMARY ...