United States District Court, E.D. Arkansas, Eastern Division
FINDINGS AND RECOMMENDATION
following Recommendation has been sent to United States
District Judge Kristine G. Baker. 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 fact.
Alonzo Gilliam III, an inmate at the Arkansas Department of
Correction's (“ADC”) East Arkansas Regional
Unit, filed a complaint pursuant to 42 U.S.C. § 1983 on
February 9, 2017, alleging that he was denied adequate
medical care for complaints of abdominal pain and urinary and
rectal bleeding. See Doc. No. 9. Gilliam sues Aric
Simmons, Captola M. Clinkscale, Dr. Brett C. Butler,
Geraldine Campbell, Tammy Kimble, Amy Rowland, and Tekelia
Williams (the “Defendants”) in their individual
capacities. Id. at 2. He seeks compensatory and
punitive damages. Id. at 17.
Court previously determined that Gilliam had exhausted his
administrative remedies with respect to the following claims:
1) claims against Simmons, an Advanced Practice Registered
Nurse, based on Gilliam's encounters with Simmons on
April 14, 2015, May 26, 2015, June 30, 2015, August 10, 2015,
and October 5, 2015; the delay in treatment prior to
Gilliam's diagnosis in September 2015 of an e. coli
infection and blood in his urine; and corrective inaction;
2) claims against Dr. Butler based on a May 16, 2015 bleeding
incident and corrective inaction.
3) claims against Clinkscale, a nurse, based on the May 16,
2015 bleeding incident and corrective inaction;
4) claims against Williams, a nurse, based on an August 17,
2015 bleeding incident; and
5) claims against Campbell, an Advanced Practice Registered
Nurse, Kimble, the Director of Nursing at the relevant times
(see Doc. No. 91-2), and Rowland for corrective inaction.
Doc. Nos. 90 & 101. Gilliam testified in a deposition
that he had no claim based on his encounter with Simmons on
June 30, 2015, and that he agreed to dismiss Campbell as a
party to his lawsuit. Doc. No. 117-4 at 5 & 11-12.
the Court are a motion for summary judgment and related
pleadings filed by the Defendants. See Doc. Nos.
115-117. Gilliam filed a response and a statement of disputed
facts, but he did not specifically controvert the facts set
forth in Defendants' statement of uncontested facts, Doc.
No. 117. Accordingly, 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 undisputed facts are taken from those submitted by
the Defendants which are supported by the following
documentary evidence: Gilliam's medical records from
January 2015 through January 2016 (Doc. No. 117-1);
Declaration of Aric Simmons (Doc. No. 117-2); Declaration of
Dr. Brett C. Butler (Doc. No. 117-3); a portion of
Gilliam's deposition testimony transcript (Doc. No.
117-4); and a printout of Tekelia Williams' timesheet for
August 17, 2015 (Doc. No. 117-5).
alleges that he was denied adequate medical care for
complaints of abdominal pain and urinary and rectal bleeding
during 2015 while he was incarcerated at the ADC's East
Arkansas Regional Unit. Doc. No. 9. On January 7, 2015,
Gilliam had a consultation with a urologist at the University
of Arkansas for Medical Sciences (UAMS). Doc. No. 117-1 at
1-4. He complained of an enlarged prostate, difficulty
urinating on occasion, rectal discharge, and constipation.
Id. The urologist found that Gilliam had a normal
uncircumcised penis, normal testes, no hernias, benign rectal
tissue, and no discharge. Id.
April 14, 2015, Gilliam saw Simmons, an Advanced Practice
Registered Nurse (APRN),  in relation to a sick call request he
submitted regarding ear pain. Doc. No. 117-1 at 9 & 13;
Doc. No. 117-2 at 2. At that encounter, Gilliam also wanted
to discuss his skin, his diet, and medication renewals. Doc.
No. 117-1 at 9 & 13; Doc. No. 117-2 at 2. Gilliam's
sick call requests before the April 14 encounter related to
his ear and prescription lotions for burns. Doc. No. 117-1 at
7-8 & 10. Gilliam did not place a sick call request
relating to his penis, abdominal pain, or blood in his urine
or stool in 2015 before the April 14 encounter, and the April
14 exam record does not indicate that Gilliam complained of
such problems during that encounter. Doc. No. 117-1 at 13;
Doc. No. 117-2 at 2.
first sick call requests in 2015 relating to his prostate or
colon were signed by Gilliam on April 21, received in medical
on April 23, and triaged on April 27, 2015. Doc. No. 117-1 at
14-15. He submitted two sick call requests: one asking to be
tested for prostate and colon cancer because it ran in his
family, and the other complaining of blood in his bowel
movements and stomach pain. Id. The first sick call
request Gilliam submitted relating to his penis (following
his January urology evaluation) was dated April 29, 2015.
Id. at 16. That sick call request was received in
the infirmary on April 30 and triaged on May 3, 2015.
Id. In that request, Gilliam complained of rectal
bleeding and painful bowel movements, stomach pain, blood in
his urine, and a swollen penis. Id. Gilliam
submitted another sick call request on April 30, complaining
about several issues and requesting a prostate and colon
cancer screening. Id. at 17. A nurse saw Gilliam for
sick call on May 3, 2015, and referred him to a provider.
Id. at 18.
had an encounter with APRN Simmons on May 11, 2015, to
address renewal of medications for back pain. Id. at
20. Gilliam also requested labs and testing (stool guaiac)
for prostate and colon cancer screening due to a family
history of colon cancer. Id. Simmons noted that
Gilliam's last Prostate-Specific Antigen (PSA) test was
.9, which is normal. Id. Simmons also noted that
Gilliam declined a prostate exam, during which Simmons could
have performed a stool guaiac test. Id. Simmons
entered an order for a fecal occult blood test,
i.e., stool guaiac, ...