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Waddle v. Faulkner County

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

September 3, 2019

ROBERT WADDLE PLAINTIFF
v.
FAULKNER COUNTY, ARKANSAS, and MONTY MUNYAN, Individually as a Licensed Practical Nurse providing medical services at Faulkner County Detention Center DEFENDANTS

          RECOMMENDED DISPOSITION

         The following Recommended Disposition (“Recommendation”) has been sent to United States District Judge Susan Webber Wright. 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 Wright 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 February 15, 2018, Plaintiff Robert Waddle (“Waddle”) filed this § 1983 action alleging that, while incarcerated in the Faulkner County Detention Center (“FCDC”), Defendant Monty Munyan (“Nurse Munyan”) failed to provide him with constitutionally adequate medical care for an injury to his foot that was caused by him jumping down from his top bunk, and then delayed his receipt of proper medical care for that injury. Doc. 1 at 2-3. He also alleges state law claims against Nurse Munyan for conversion, outrage, and intentional infliction of emotional distress. Id. Finally, Waddle alleges a claim against Defendant Faulkner County for unconstitutional policies and practices governing how prisoners receive medical care. Id. at 5.

         On June 21, 2019, Defendants filed a Motion for Summary Judgment, a Brief in Support, and a Statement of Undisputed Facts.[1] Docs. 10-12. Waddle, who is represented by counsel, failed to file anything in response to Defendants' Motion for Summary Judgment and the time for doing so has long ago expired.[2]

         Before reaching the merits of Defendants' Motion for Summary Judgment, the Court will review the relevant, undisputed facts giving rise to Waddle's claims.[3]

         1. On Wednesday, May 10, 2017, Waddle was arrested on various criminal charges[4] and booked into the FCDC. Doc. 12-1 at 3.

         2. On Sunday, May 14, 2017, Waddle submitted a grievance, stating “I broke my foot yesterday and today I had a fever of 101 [due] to the [break] it has been over 24 h.” Doc. 12-1 at 23.

         3. That same evening, the jail corporal telephoned Nurse Munyan[5] and informed him that Waddle was complaining that he had injured his foot and believed it was broken. The corporal reported to Nurse Munyan that all of Waddle's vital signs were normal, except for an elevated temperature of 101 degrees. Doc. 12-2 at 1.

         4. Nurse Munyan told the corporal to ice Waddle's foot and provide him with over-the-counter pain medication. Id.

         5. On Monday, May 15, 2017, Nurse Munyan examined Waddle's foot. Doc. 12-2 at 2. He noticed some swelling and slight discoloration. Id. Nurse Munyan called FCDC's physician, Dr. Garry Stewart (“Dr. Stewart”), and reported his findings. Id. He told Dr. Stewart that Waddle's foot might be broken and that he was running a mild to moderate fever. Id. at 1.

         6. During the phone call, Dr. Stewart and Nurse Munyan agreed that, because there was not excessive swelling or significant discoloration, Waddle's fever was unrelated to the injury to his foot. Id. at 2. Importantly, during their phone call, Dr. Stewart told Nurse Munyan that Waddle did not need to go to the hospital. Id. Instead, Dr. Stewart ordered Nurse Munyan to place Waddle on the “doctor's call list” to be seen on Thursday, May 18, 2017, which was the day Dr. Stewart made his normal weekly round at FCMC. Id.

         7. On Thursday, May 18, 2017, Dr. Stewart examined Waddle's foot, concluded it might be broken, and ordered Nurse Munyan to schedule an x-ray.[6] Id.

         8. Nurse Munyan scheduled an x-ray for the following day at the Radiology Department of Baptist Medical Center in Conway. This was the ...


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