Farris v. Munyan

          MEMORANDUM OPINION [1]

         I. Introduction

         Antonio 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.^[2] Docs. 8 & 9. Farris seeks an award of compensatory damages.^[3] Id.

         Defendants 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 judgment.

         For the following reasons, the Court grants Defendants' Motion for Summary Judgment and dismisses Farris's claims, with prejudice.

         II. Facts

         Before addressing the merits of the Motion for Summary Judgment, ^[4] the Court will summarize the relevant facts, all of which are now deemed admitted.^[5]

         1. On October 20, 2017, Farris was booked into the custody of the Faulkner County Detention Center (“FCDC”). Aff. of Dr. Stewart, Doc. 28-8, ¶ 7.

         2. On 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.^[6] Id. . at ¶¶ 8-9.

         3. On October 26, 2017, Dr. Stewart, the physician for FCDC, reviewed Farris's medical chart. Id. at ¶¶ 2, 10.

         4. On or about November 1, 2017, ^[7] 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 However, all the medications were outdated, with dates of March or April of 2017.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.

         5. The 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.”^[8] Id. at ¶ 12; Medical File, Doc. 28-4 at 9.

         6. On November 2, 2017, Dr. Stewart prescribed metoprolol and aspirin (acetylsalicylic acid) for Farris. Id. at ¶ 13.

         7. “[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.

         8. 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 ...