United States District Court, E.D. Arkansas, Western Division
ANTONIO M. FARRIS PLAINTIFF
MONTE MUNYAN, Nurse; GARRY STEWART, M.D.; RUSTY PAGE; GARY ANDREWS DEFENDANTS
MEMORANDUM OPINION 
M. Farris (“Farris”) has filed this pro
se ' 1983 action alleging that, while he was a
pre-trial detainee in the Faulkner County Detention Center
(“FCDC”), Dr. Garry Stewart
(“Stewart”), Nurse Monte Munyan
(“Munyan”), Lieutenant Gary Andrews
(“Andres”), and Sergeant Rusty Page
(“Page”) (collectively, “Defendants”)
violated his constitutional rights by failing to properly and
timely provide him with prescription medications for a heart
condition. Docs. 6 & 7. The Court ruled that the case
could proceed against the Defendants in their individual
capacities only. Docs. 8 & 9. Farris seeks an award
of compensatory damages. Id.
have filed a Motion for Summary Judgment on the merits of
Farris's inadequate medical care claim, a Brief in
Support, and a Statement of Undisputed Facts. Docs. 26, 27
& 28. Despite being granted an extension of time through
and including March 15, 2019, Farris failed to submit
anything opposing Defendants' request for summary
following reasons, the Court grants Defendants' Motion
for Summary Judgment and dismisses Farris's claims, with
addressing the merits of the Motion for Summary Judgment,
the Court will summarize the relevant facts, all of which are
now deemed admitted.
October 20, 2017, Farris was booked into the custody of the
Faulkner County Detention Center (“FCDC”). Aff.
of Dr. Stewart, Doc. 28-8, ¶ 7.
the same date, Farris advised FCDC medical staff that: (a) he
had undergone heart surgery in 2015; and (b) was taking or
had been prescribed Metoprolol and Lisinopril. Id.
. at ¶¶ 8-9.
October 26, 2017, Dr. Stewart, the physician for FCDC,
reviewed Farris's medical chart. Id. at ¶¶
or about November 1, 2017,  Farris's mother,
Beverly Bryant, brought Farris's prescription medications
to the FCDC and gave them to Nurse Munyan. However, all the
medications were outdated, with dates of March or April of
2017. Because the medications were expired, they were not
placed on the med cart for Farris's use. Instead, Farris
was scheduled to see Dr. Stewart at the first available
appointment. Id. at ¶ 11; Declaration of
Beverly Bryant, Doc. 21.
next day, November 2, 2017, Farris refused and/or waived
medical treatment offered by the FCDC medical staff. Farris
signed a written waiver, stating in part: “I was
offered the opportunity to receive medical attention. I have
refused medical treatment and I will not hold Faulkner County
Detention Center or it's [sic] representative(s)
responsible.” Id. at ¶ 12; Medical
File, Doc. 28-4 at 9.
November 2, 2017, Dr. Stewart prescribed metoprolol and
aspirin (acetylsalicylic acid) for Farris. Id. at ¶
“[S]tarting in November 2017, ” Farris received
metoprolol twice daily and aspirin once a day. This continued
throughout his entire incarceration at the FCDC. Id. at
¶ 25; Medical File, Doc. 28-4 at pp. 84.
While at FCDC, medical staff took Farris's blood pressure
and completed blood pressure logs on October 20, 2017 through
October 25, 2017, November 13, 2017 through November 30,
2017, and July 27, 2018 ...