United States District Court, E.D. Arkansas, Eastern Division
following Recommended Disposition
(“Recommendation”) has been sent to United States
District Brian S. Miller. Any party may file written
objections to this Recommendation. Objections must be
specific and include the factual or legal basis for
disagreeing with the Recommendation. An objection to a
factual finding must specifically identify the finding of
fact believed to be wrong and describe the evidence that
supports that belief.
original and one copy of the objections must be received in
the office of the United States District Clerk within
fourteen (14) days of this Recommendation. If no objections
are filed, Judge Miller can adopt this Recommendation without
independently reviewing all of the evidence in the record. By
not objecting, you may also waive any right to appeal
questions of fact.
August 10, 2017, Plaintiff Brandon Dunsworth
(“Dunsworth”) filed this pro se
§1983 action alleging that, while imprisoned in the East
Arkansas Regional Unit of the Arkansas Department of
Correction, Defendant Dr. Kenneth L. Holder (“Dr.
Holder”) failed to provide him with constitutionally
adequate medical care for a knee injury. Doc. 2. Dr.
Holder is the sole remaining Defendant in the
case.Dunsworth seeks an award of compensatory
Holder has filed a Motion for Summary Judgment, a Brief in
Support, a Statement of Undisputed Facts, and a Reply.
Docs. 48-50; 55. Dunsworth filed a Response to the
Motion for Summary Judgment, Doc. 54, but has not
controverted Dr. Holder's Undisputed Statement of
Disputed Facts. Doc. 54.
following reasons, the Court recommends that Dr. Holder's
Motion for Summary Judgment be granted, and that this case be
dismissed, with prejudice.
addressing the merits of Dr. Holder's Motion for Summary
Judgment, the Court will set forth the relevant facts, all of
which are now deemed admitted.
August 13, 2016, while working as an inmate at the ADC,
Dunsworth injured his left leg when he stepped off a roof.
Def.'s Exh. B, Dunsworth deposition, Doc. 50-2 at
August 14 2016, Dunsworth submitted a Health Services Request
Form requesting treatment for an injury to his “left
leg by the knee.” Def.'s Exh. A, Medical Records,
Doc. 50-1 at 1.
August 19, 2016, Dunsworth was examined by a Licensed
Practical Nurse (“LPN”). The LPN provided
Dunsworth with Naproxen for pain, issued work restrictions,
and referred Dunsworth to a physician for further assessment
and treatment. Id. at 1-2.
August 22, 2016, Dr. Holder made his initial examination of
Dunsworth's knee. Dr. Holder suspected a strain of the
lateral collateral ligament. He ordered x-rays; prescribed
ibuprofen, 800 milligrams, for 10 days; and placed Dunsworth
on work restrictions until the x-rays were complete. Doc.
50-1 at 4-5.
August 24, 2016, Dunsworth's left leg and knee were
radiology report concluded that Dunsworth had an “acute
left knee fracture, ” or “a fracture involving
left proximal fibula with no displacement” and