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Dunsworth v. Holder

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

April 4, 2019

BRANDON DUNSWORTH ADC # 162662 PLAINTIFF
v.
DR. KENNETH HOLDER DEFENDANT

          RECOMMENDED DISPOSITION

         The 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.

         An 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.

         I. Introduction

         On 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.[1]Dunsworth seeks an award of compensatory damages.

         Dr. 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.

         For the following reasons, the Court recommends that Dr. Holder's Motion for Summary Judgment be granted, and that this case be dismissed, with prejudice.

         II. Facts

         Before 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.[2]

         1. On 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 16-17.

         2. On 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.

         3. On 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.

         4. On 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.

         5. On August 24, 2016, Dunsworth's left leg and knee were x-rayed.

         The radiology report concluded that Dunsworth had an “acute left knee fracture, ” or “a fracture involving left proximal fibula with no displacement” and ...


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