United States District Court, E.D. Arkansas, Eastern Division
JEFF JONES Reg. #20386-078 PLAINTIFF
PATRICIA MOREHART, et al. DEFENDANTS
FINDINGS AND RECOMMENDATION
following proposed Findings and Recommendation have been sent
to United States District Judge James M. Moody Jr. You may
file written objections to all or part of this
Recommendation. If you do so, those objections must: (1)
specifically explain the factual and/or legal basis for your
objection, and (2) be received by the Clerk of this Court
within fourteen (14) days of this Recommendation. By not
objecting, you may waive the right to appeal questions of
Jeff Jones, an inmate at the Forrest City Low Federal
Correctional Institution (“FCI-Forrest City”),
filed this pro se civil rights complaint against
defendants Warden C. Rivera, Assistant Health Services
Administrator Michael Kruger, Assistant Health Services
Administrator Brenda Hoy, and Mid-Level Practitioner Rosemary
Stiles (the “Original Defendants”). See
Doc. No. 2. Jones later named Advanced Practice Nurse
Patricia Morehart and Dr. Sheila Woodard as defendants.
See Doc. No. 35. Jones sues defendants in both their
official and personal capacities and seeks both injunctive
and monetary relief. See Doc. No. 2. Jones'
claims against the Original Defendants have been dismissed,
and Jones' official capacity claims against Morehart and
Woodard have been dismissed. See Doc. Nos. 45 &
alleges that defendants were deliberately indifferent to his
serious medical needs and failed to protect him from harm.
Doc. Nos. 2 & 32. Specifically, he alleges that there was
a significant delay in notifying him of his positive
hepatitis C diagnosis, which delayed his medical care and
treatment of the condition for more than two and one-half
years. Id. Jones further alleges that during this
time he was prescribed the nonsteroidal anti-inflammatory
(NSAID) Naproxen for foot pain which negatively affected his
the Court is a motion for summary judgment and related
pleadings filed by defendants Morehart and Dr. Woodard.
See Doc. Nos. 54-56. Although Jones requested and
obtained an extension of time to file a response to the
defendants' motion, he has not done so. See Doc.
No. 61. Because Jones failed to specifically controvert the
facts set forth in defendants' statement of uncontested
facts, Doc. No. 56, those facts are deemed admitted.
See Local Rule 56.1(c). The defendants'
statement of uncontested facts, and the other pleadings and
exhibits in the record, establish that the material facts are
not in dispute and that the defendants are entitled to
judgment as a matter of law.
Rule 56 of the Federal Rules of Civil Procedure, summary
judgment is proper if “the movant shows that there is
no genuine dispute as to any material fact and that the
moving party is entitled to a judgment as a matter of
law.” Fed.R.Civ.P. 56(a); Celotex v. Catrett,
477 U.S. 317, 321 (1986). When ruling on a motion for summary
judgment, the court must view the evidence in a light most
favorable to the nonmoving party. Naucke v. City of Park
Hills, 284 F.3d 923, 927 (8th Cir. 2002). The nonmoving
party may not rely on allegations or denials, but must
demonstrate the existence of specific facts that create a
genuine issue for trial. Mann v. Yarnell, 497 F.3d
822, 825 (8th Cir. 2007). The nonmoving party's
allegations must be supported by sufficient probative
evidence that would permit a finding in his favor on more
than mere speculation, conjecture, or fantasy. Id.
(citations omitted). An assertion that a fact cannot be
disputed or is genuinely disputed must be supported by
materials in the record such as “depositions,
documents, electronically stored information, affidavits or
declarations, stipulations (including those made for purposes
of the motion only), admissions, interrogatory answers, or
other materials . . .”. Fed.R.Civ.P. 56(c)(1)(A). A
party may also show that a fact is disputed or undisputed by
“showing that the materials cited do not establish the
absence or presence of a genuine dispute, or that an adverse
party cannot produce admissible evidence to support the
fact.” Fed.R.Civ.P. 56(c)(1)(B). A dispute is genuine
if the evidence is such that it could cause a reasonable jury
to return a verdict for either party; a fact is material if
its resolution affects the outcome of the case. Othman v.
City of Country Club Hills, 671 F.3d 672, 675 (8th Cir.
2012). Disputes that are not genuine or that are about facts
that are not material will not preclude summary judgment.
Sitzes v. City of West Memphis, Ark., 606 F.3d 461,
465 (8th Cir. 2010).
following material undisputed facts are taken from those
submitted by the defendants which are supported by the
following documentary evidence: Declaration of Dr. Te Cora
Ballom with Attachments 1-42 (Doc. No. 25-1); Declaration of
Rosemary Stiles (Doc. No. 25-2); Declaration of Dr. Nwannem
Obi-Okoye (Doc. No. 25-3); Declaration of Patricia Morehart
with Attachments 1-3 (Doc. No. 55-1); and Declaration of
Sheila Woodard with Attachments 1-9 (Doc.No.
Jones began his incarceration at FCI-Forrest City on February
14, 2014. Doc. No. 25-1 at 1.
Defendant Patricia Morehart is an Advanced Practice
Registered Nurse at the FCI-Forrest City Health Services
Department. Doc. No. 55-1 at 1.
Morehart has been employed by the Bureau of Prisons since
January 12, 2014. Id.
Morehart provided Jones a l4-day initial evaluation on March
13, 2014, after Jones entered FCI-Forrest City. Id.
at 1 & 4-8. As part of the evaluation, she ordered
initial laboratory tests. Id. at 1 & 7.
May 7, 2014, Morehart noted that Jones' liver functions
were elevated and ordered testing to determine why.
Id. at 1-2 & 11. While it was discovered that he
had hepatitis C antibody, the finding had to be confirmed for
RNA and genotype as well. Id. at 1-2.
Laboratory results from May 16, 2014, show that Jones'
liver enzymes were AST 187 and ALT 292; the report also
indicated that he was presumptively hepatitis C positive.
Doc. No. 25-1 at 2 & 16. Additional confirmation testing
was requested. Id.
December 16, 2014, Morehart reviewed Jones' records,
including laboratory results showing that Jones had HCV RNA
and a genotype. Doc. No. 55-1 at 2 & 13. At that time,
she requested follow up laboratory testing ...